HOP1998-00110 7. There shall be no storagE. .1/or distribution of toxic or flammable arials, and spray painting or spray
finishing operations that involve toxic or flammable material which in tr,_ ,udgment of the Fire Marshall pose a
dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are
engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data
Sheets which pertain to all potentially toxic and/or flammable materials associated with the use;
8. No home occupation shall require any on or off-street parking other than that normally required for a residence.
9. The following uses are not allowed as home occupations:
(a) Auto-body repair and painting.
(b) Ongoing mechanical repair conducted outside of an entirely enclosed building.
(c) Junk and salvage operations.
(d) Storage and/or sale of fireworks.
10. There shall be no exterior storage of vehicles of any kind used for the business except one commercially
licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or
screened area.
11. There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid
fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or
the required side yard setback.
TYPE-II HOME OCCUPATIONS ALLOW THE FOLLOWING ACCORDING TO THE TCDC CHAPTER
18.142.050:
(a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or
accessory structure or placed in a window;
(b) No more than one outside volunteer or employee who is not a principal resident of the premises;
(c) No more than six daily customers or clients. Customers and clients may not visit the business between
the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street
parking;
(d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence.
Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or
the required side yard setback.
If any of the preceding conditions are not met,this Home Occupation Permit will be immediately invalidated.
Notice was posted at City Hall and mailed to: XX The applicant and owners.
XX Owners of record within the required distance.
DATE OF FILING: November 4, 1998
THIS DECISION SHALL BE FINAL ON MONDAY,NOVEMBER 16,1998,UNLESS AN APPEAL IS FILED.
Any party to the decision may appeal this decision in accordance with Section 18.32.370 of the Community Development
Code which provides that a written appeal must be filed with the CITY RECORDER within ten (10) days after notice is given
and sent.
THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON NOVEMBER 16,1998.
If you have any questions, please call the City of Tigard Planning Division at Tigard City Hall, Community Development
,,Department, 13125 SW Hall Boulevard, Tigard, Oregon 97223, (503)639-4171.
'1,LAt November 4, 1998
PREPARED BY: Debbie Ada ski, Development ervices Technician DATE
November 4, 1998
APPROVED BY: Ric ewersdorff, Pla 7 Manager DATE
HOP 98-0110/TYPE II DBA: CHIROPRACTIC CARE NOTICE OF DIRECTOR'S DECISION
NOJJJNG/cAr
1ECo1ON itoS
400
AFFIDAVIT OF MAILING CITYOFTIl3ARD
Community Development
Shaping (Better Community
STATE OAF ocEGoN )
County of Washington )ss
City of(Tigard )
I, 'Vivian L. Nimmo, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist I for the.City
of Tigard;'Washington County, Oregon and that I served the following:
(Check Appropriate Box(s)Below}
® NOTICE OF DECISION FOR:E77 HOP 98-0110 DBA: CHIROPRACTIC CARE
El AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
❑ NOTICE OF PUBLIC HEARING FOR: Z77 I _
I=1 AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
❑ NOTICE OF FINAL ORDER FOR: 1C:7 I
El AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
❑ NOTICE OF: FOR: I
(Type/Kind of Notice) (File No./Name Reference) (Date of Public Hearing,if applicable)
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEISI of which is attached,
marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked
Exhibit"B",on the 4 day of November ,1998, and deposited in the United States Mail on the 4 day
of Nobember , 1998, postage prepaid.
-1,4Z:1-4(....iX42..e-24.4.4.,---
(Person that Prepared Notice)
Subscribed and sworn/affirmed before me on the �Gt day of icpia, , 19___ .
1
f•+�, OFFICIAL SEAL
60,4/.
1 / 1(..�: RKS d \ y�i fAl
DIANE M BELDE NOTARY PUBLIC OF OREGO
` -- NOTARY PUBLIC-OREGON` I' COMMISSION NO.046142 r
MY COMMISSION EXPIRES SEPTEMBER 07,1999 My Commission Expires: 1 b fry
2S103CC-01200 2S103CC-01300
SMITH GENE F MARY E FRANCE JON E&KATHY K
12015 SW ROSE VISTA DR 11925 SW GAARDE ST
TIGARD,OR 97223 TIGARD,OR 97223 EXHIBIT B
2S 103CC-01400 2S 103CC-01500
PICKELL HELEN C SMITH HOPE Y
10475 SW KABLE ST 12005 SW ROSE VISTA
TIGARD,OR 97224 TIGARD,OR 97223
2S103CC-01600 2S103CC-01700
SHELTON JAMES C/JUDY C ZIMMERMAN UN A
12015 SW GAARDE ST 11990 SW ROSE VISTA DR
TIGARD,OR 97224 TIGARD,OR 97223
2S103CC-01800 2S103CC-02400
ASGIAN ARTHUR E/DENISE D MAKI KENNETH E&
12000 SW ROSE VISTA DR 13910 SW 121ST AVE
TIGARD,OR 97224 TIGARD,OR 97223
2S103CC-02500 2S103CD-03800
POLING JAMES M&CAROLE J PORTER HERMAN AND
8525 SW CEDAR CREST ST 11875 SW GAARDE ST
PORTLAND,OR 97223 TIGARD,OR 97223
2S110BA-02000 2S110BA-02100
SETNIKER JOHN WILLIAM FOUR D CONSTRUCTION CO
11830 SW GAARDE ST PO BOX 1577
TIGARD,OR 97224 BEAVERTON,OR 97075
2S110BB-00100 2S110BB-00200
JUSTICE JANICE T LANDSTROM MARIAN G AND
11920 SW GAARDE ST 12000 SW GAARDE ST
TIGARD,OR 97224 TIGARD,OR 97223
2' 1BB-00300 2S110BB-00400
FOUR D ! TRUCTION CO LAMBERT WILMA C&RONALD E
PO B• 1577 11910 SW GAARDE ST
B VERTON,OR 97075 TIGARD,OR 97224
2S110BB-05100 2S110BB-05200
BLACK KENNETH A&GRETA A DEAN PAUL G&KRISTIN K
14082 SW 121ST AVE 14104 SW 121ST AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S110BB-05300 2S110BB-05400
LITTLE DAVID L&KAY S DUFFIELD RONALD C&LAURIE
14146 SW 121ST AVE 14158 SW 121ST AVE
TIGARD,OR 97224 TIGARD,OR 97223
.A% 9cY zY/7 .f_Y' Cf//1 ',4P/9c7/c
10BB-0570s
TIGA': . OF
131 " SW •
GARD,OR 9722
APPLICANT
MATERIALS
CITY OF TIGARD HOME OCCUPATION APPLICATION (TYPE II)
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 FAX: (503)684-7297
GENERAL INFORMATION �
Property Address/Location: 'Iq 20 S GA A lag s i •-
TI QA RD ) OIR,, 9122.11
Tax Map & Tax Lot*: nK —r
/o O -- /dO
` DATE OF PRE-APP.:
Site Size: 3S, OgLI S. 115-0-12. x 2.00/)
Q ?_53AEF O Q.NLY
`� -T- ase No.(S):
Property Owner/Deed Holder `TH N ICE `J U S ` (CE,
Address: SA(he., Phone: Other Case No_(S):
Receipt No:
City/State: Zip:
Application Accepted by:
applicant: S f ( l Date:
Address: Phone: Date Determined to Be Completed:
City/State: Zip.
— Cornp Plan/Zone Designation:
CH I Ie0 PR-ACM G Cf i .E
Business Name:
CIT Area:
Business Tax Paid?
NO ( ) YES (' ')
when the owner and the applicant are different people, the applicant must be REQUIRED SUBMITTAL
the purchaser of record or a lessee in possession with written authorization from ELEMENTS
the owner or an agent of the owner(s). The owner(s) must sign this application in
the space provided on the back of this form or submit a written authorization with ✓ Application Elements Submitted:
this application.
❑ Application Form
PROPOSAL SUMMARY ❑ Owner's Signature
The owners of record of the subject property request approval of a Home Occupation Permit to ❑ Written Authorization
allow(please be specific): ptr7eT _ T rn E ❑ Title Transfer Instrument or Deecj
I� iR O PRACY C, _ FFt _ ❑ Site/Plot Plan
(#of copies based on Pre-App ck list)
SPECIFICATIONS ❑ Site/Plot Plan (8 1/2 X 11'size)
❑ Applicant's Statement
Specify whether you are usi: • a detached building on your property and give ❑ Filing Fee $255.00
dimensions: P►TTACHED (PART OF�
NOoS >g PRE-APP HELD WITH:
I:hop2.doc(DST)6/97 1
List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the font of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the
subject property.
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject
to all the conditions and limitations of the approval, including but not limited to:
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith,
are true; and the applicant(s) so acknowledge that any permit issued, based on this application, may be revoked if
it is found that any such statements are false.
• The applicant(s) has read the entire contents of the application, including the policies and criteria, and
understands the requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
� 1
DATED this day of Oc,--1Otx-t- , 19(38
c
Applicant's S' ature Co-Applicant's Signature
Owner's Signature (if different than applicant) Co-Owner's Signature (if different than applicant
I:hop2.doc(DST)6/97 2
TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING
QUESTIONS:
1. Will you have any paid employees working in the home in conjunction with the business who are not
residents of the home?
'/eS , one. ass i sf�t
2. Will you have customers/clients coming to your residence? If so, how many per day?
*S , offro) 5
3. Will you have deliveries or pickups made of products or supplies to your residence? If so, how many and
what type?
Yes
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CiciAt-R11)
October 1, 1998
To: City of Tigard
From: Janice Justice, D.C.
RE: Home Occupation Type H
Attached is the application for a small, part-time chiropractic office in my home.
The house has been divided to partition off the back three small bedrooms. The
old garage has been remodeled as a large master bedroom, sitting room, shower
and kitchenette. The new front driveway will soon connect to 119th Street. A
new, large asphalt parking area will accommodate all parking for the home and
office use.
I am currently a Professor at Western States Chiropractic College on a part-time
basis.
Thank you for your consideration of these plans.
Rr,.. Sincerely,
Janice Justic
Doctor of Chiropractic
Of • Tom a 305
13 S 6 , .,
C( � n►c, S (S
Oi INI Chiropractor Program 1-800-423-1504
RETURN TO
Name:
MORTGAGE MARKET INC.
Address:
9020 S .W. WASHINGTON SQUARE
DRIVE, SUITE 420
TIGARD, OREGON 97223
4
Loan No. A3632
[Space Above This Line For Recording Data]
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on FEBRUARY 13 , 1998
The grantor is JANICE T. JUSTICE
("Borrower"). The trustee is
FIRST AMERICAN TITLE INS . CO.
("Trustee"). The beneficiary is
MORTGAGE MARKET INC. , A OREGON CORPORATION
which is organized and existing under the laws of OREGON , and whose address is
9020 S .W. WASHINGTON SQUARE DRIVE, SUITE 420, TIGARD, OREGON 97223
("Lender"). Borrower owes Lender the principal sum of
ONE HUNDRED TEN THOUSAND AND 00/100**********
Dollars (U.S. $ 110, 000 . 00 ). This debt is evidenced by Borrower's note dated
the same date as this Security Instrument ("Note"),which provides for monthly payments, with the full debt, if not paid
earlier, due and payable on MARCH 1, 2028
. This Security Instrument secures
to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the
security of this Security Instrument; and (c) 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 WASHINGTON County, Oregon:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT
"An
A. P.N. : R0491569
which has the address of 11920 SOUTHWEST GAARDE STREET, TIGARD
[Street] [City]
Oregon 97223 ("Property Address");
[Zip Code]
OREGON-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3038 9/90
Document Systems,inc.(boo)649-i362 Page 1 of 8
OR.DOT
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 and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of Aid interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for:
(a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)
yearly leasehold payments or ground rents on the Property, if any;(c) yearly hazard or property insurance premiums;
(d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (t) any sums payable
by Borrower to Lender, in accordance with the provisions of paragraph 8,in lieu of the payment of mortgage insurance
premiums. These items are called "Escrow Items." Lender may,at any time, collect and hold Funds in an amount not
to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow
account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.
§ 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at
any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may 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 such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds
to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an
independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law
provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The
Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held
by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,
and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make
up the deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the
acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit
against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first,to any prepayment charges due under the Note; second, to amounts payable
under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2,or if not paid in that manner, Borrower
shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices
of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly
furnish to Lender receipts evidencing the payments.
OREGON-Single Family-FNMAIFIIIMC UNIFORM INSTRUMENT Form 3038 9/90
Document systems.Inc.(8W)649-1362 Page 2 of 8
OR.DOT
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; (b) contests
in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion
operate to prevent the enforcement of the lien; 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 may attain priority over this Security Instrument, Lender may give Borrower a notice identifying
the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving
of notice.
5. Hazard or 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 floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts
and for the p*riods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower
subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage
described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in
accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a
standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower
shall promptly give to Lender all receipts of paid premiums and renewal notices. 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,insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened.
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 any excess paid to
Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the
proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due.
The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the
payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and
proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty 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.
Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that
in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien
created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as
provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith
determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien
created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during
the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to
provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not
limited to, representations concerning Borrower's occupancy of the Property as a principal residence. 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.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or
regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's
OREGON-Single Family-FNMA/FHIMC UNIFORM INSTRUMENT Form 3038 9/90
Da"mm sn«ms.inc.(800)649-1362 Page 3 of 8
OR.DOT
rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this
Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs.
Although Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to
Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for
any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay
the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at
a cost substan4ially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate
mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,
Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being
paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain
these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at
the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided
by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required
to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance
ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender
shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property
in which the fair market value of the Property immediately before the taking is equal to or greater than the amount
of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise
agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided
by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower.
In the event of a partial taking of the Property in which the fair market value of the Property immediately before the
taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender
otherwise agree in writing or unless applicable law otherwise provides, the 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 condemnor 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 proceeds, at its option, either to restoration or repair,of
the Property or to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such
payments.
11. 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 to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions
of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this
Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant
OREGON-Single Family-FNMA/FIILMC UNIFORM INSTRUMENT Form 3038 9/90
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OR.DOT
and convey that Borrower'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 may
agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security Instrument or
the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument 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 limits 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 under the Note.
14. Noticets. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given
by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any
notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given
as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument
and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument.
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 delivered or mailed 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.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other
period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale
contained in this Security Instrument; or (b) 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; and (d) takes
such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the
Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged.
Upon reinstatement by Borrower, this Security Instrument and the 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 paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the
entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument.
There also may 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 in accordance with paragraph 14 above and
applicable law. The notice will state the name and address of the new Loan Servicer and the address to which
payments should be made. The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to
OREGON-Single Family-FNMA/FIILMC UNIFORM INSTRUMENT Form 3038 9/90
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OR.DOT
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.
Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental
or regulatory authority, 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.
As used in this paragraph 20,"Hazardous Substances" are those substances defined as toxic or hazardous substances
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. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where
the Property 4is located that relate to health, safety or environmental protection.
NON-UNIFORM .COVENANTS. Borrower and Lender further covenant and agree as follows:
21. 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 paragraph 17 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 paragraph 21,
including, but not limited 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.
22. 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. Lender may charge such person or persons a fee for reconveying the Property, if the fee is paid to a
third party Trustee for services rendered and charging of the fee is permitted under applicable law. Such person or
persons shall pay any recordation costs.
23. 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.
24. Attorneys' Fees. As used in this Security Instrument and in the Note, "attorneys' fees" shall include any
attorneys' fees awarded by an appellate court.
25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend
and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument.
OREGON-Single Family-FNMA/FULMC UNIFORM INSTRUMENT Form 3038 9/90
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OR.DOT
[Check applicable box(es)]
Adjustable Rate Rider Condominium Rider 1-4 Family Rider
Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider
Balloon Rider Rate Improvement Rider Second Home Rider
Other(s) [specify]
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.
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.
OREGON-Single Family-FNMAIFIILMC UNIFORM INSTRUMENT Form 3038 9/90
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OR.DOT
4
October 26, 1998 CITY OF TIGARD
OREGON
Janice Justice
11920 SW Gaarde St
Tigard OR 97224
Re: Home Occupation Permit Application, HOP98-0110
Dear Janice,
I was informed by the Planning Department that they are going to require a copy of your
Title Transfer Instrument or Deed for your home. They need to review it for a number of
items, one being any possible code, convenants or restrictions(CC& R's) in regards to
your home occupation.
You may fax a copy of this document to my attention to 598-1960, or mail it to me at
13125 SW Hall Blvd, Tigard, OR 97223, attention Debbie Adamski. I apologize for this
hold up in processing your application.
Sincerely,
CLDCLAAA-Jeqr
Debbie Adamski
Development Services Technician
13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772
October 7, 1998
Dr. Janice Justice, DC
11920 SW Gaarde St
Tigard, OR 97224
Re: Home Occupation Permit Application
Dear Dr. Justice,
When I took in your application for the Home Occupation Permit I forgot to have you
apply for your City Business Tax. Enclosed is the form you need to fill out along with a
cover letter that explains about the tax. On the back of the cover letter is a pro-rated fee
schedule so you can determine what your business tax fee amount will be for the rest of
this calendar year. Please complete the form, attach a check for the correct amount and
return it to me in the enclosed envelope.
There are also a couple of items on the Home Occupation Permit Application I need to
have clarification on. First, I need to know the total square footage of your home to
verify that you are utilizing 25% or less for the home occupation. The second item is that
the maximum size allowed for a sign for a home business is 1 1/2 square feet. This sign
must be placed in a window or attached to the wall of the home. The sign would not be
allowed to be placed in the yard or near the driveway. I need to have you indicate this
change in some manner so I can forward your application to the planning department for
review. To accomplish this you could send a letter stating your intention to have a
smaller sign and where you are planning to place it. The other option is that you can
come down to the office and make the appropriate change to your application.
I apologize for the inconvenience this has caused you. Please respond by letter or if you
have any questions you can come down to the office to see me. My office hours are
Monday through Friday from 8:00 AM to 4:45 PM.
Sincerely,
Debbie Adamski
Development Services Technician
Enclosures
CITY of TIGARD
GEOGRAPHIC INFORMATION SYSTEM
AREA NOTIFIED
i S103CC01800 (250')
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W AERIE DR 2S103CCO2400 2S103CC01500 = HOP 98-0110
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2S103CCO2500 251030001300 Dr. Janice Justice
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1 DBA: Chiropractic Care
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City of Tigard
J Information on this map is for general location only and
CT should be verified with the Development Services Division.
1 13125 SW Hall Blvd
Tigard,OR 97223
(503)6394171
http:/lwww.ci.tig a rd.or.us
Community Development Plot date:Oct 20,1998;C:lmagic1MWGICO2.APR
•
ADDITIONAL
DOCUMENTS
Alt
CITY OF TIGARD
Community'Development
Shaping Better Community
CITY OF TIGARD
Washington County, Oregon
NOTICE OF DECISION BY THE PLANNING DIRECTOR
TYPE II NOME OCCUPATION
This is to notify property owners within 250 feet, that the below named person(s) have been approved for
a Home Occupation Permit.
120 DAYS=2/2/99
EFFECTIVE DATE: NOVEMBER 11,1998
Business Name: Chiropractic Care DBA: (Same as business name)
Name of Applicant: Dr. Janice Justice. DC File No.: HOP 98-0110/Type II
Property Address: 11920 SW Gaarde Street City: Tigard State: OR Zip: 97224
Tax Map & Lot No.: 2S110BB. Tax Lot 00100 Zone: R-7
Nature of Business: The Applicant Has Obtained Preliminary Approval For The Use of a Portion of Their
Residence To Perform Chiropractic Care.
Notice is hereby given that the Planning Director's Designee for the City of Tigard has APPROVED this Home
Occupation. No business activity shall begin until after the appeal period has expired.
THIS HOME OCCUPATION IS SUBJECT TO THE FOLLOWING CONDITIONS:
1. Home occupations may be undertaken only by the principal occupant(s) of a residential property;
2. There shall be no more than three deliveries per week to the residence by suppliers;
3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the
property line resulting from the operation. Home occupations shall observe the provisions of the Tigard
Community Development Code (TCDC) Chapter 18.090, Environmental Performance Standards;
4. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure.
The total area which may be used in the accessory building for either material product storage and/or the
business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of
materials and products shall not occupy more than 25 percent of the combined residence and accessory
structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed
by the provisions of the building, fire, health and housing codes;
5. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a
dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in
conformance with TCDC Chapter 18.144 of this title;
6. More than one (1) business activity constituting two or more home occupations shall be allowed on one
property, only if the combined floor space of the business activities does not exceed 25 percent of the
combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a
separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1)
Business Tax if the same owner is operating more than one approved business at the same location. Although
payment for each separate business is not required, it is required that all names of the businesses' which are
currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted
at the business location.
HOP 98-0110/TYPE II DBA: CHIROPRACTIC CARE NOTICE OF DIRECTOR'S DECISION
7. There shall be no storage 4/or distribution of toxic or flammable -rials, and spray painting or spray
finishing operations that inv toxic or flammable material which in ti igment of the Fire Marshall pose a
dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are
engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data
Sheets which pertain to all potentially toxic and/or flammable materials associated with the use;
8. No home occupation shall require any on or off-street parking other than that normally required for a residence.
9. The following uses are not allowed as home occupations:
(a) Auto-body repair and painting.
(b) Ongoing mechanical repair conducted outside of an entirely enclosed building.
(c) Junk and salvage operations.
(d) Storage and/or sale of fireworks.
10. There shall be no exterior storage of vehicles of any kind used for the business except one commercially
licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or
screened area.
11. There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid
fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or
the required side yard setback.
TYPE-II HOME OCCUPATIONS ALLOW THE FOLLOWING ACCORDING TO THE TCDC CHAPTER
18.142.050:
(a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or
accessory structure or placed in a window;
(b) No more than one outside volunteer or employee who is not a principal resident of the premises;
(c) No more than six daily customers or clients. Customers and clients may not visit the business between
the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street
parking;
(d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence.
Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or
the required side yard setback.
If any of the preceding conditions are not met,this Home Occupation Permit will be immediately invalidated.
Notice was posted at City Hall and mailed to: XX The applicant and owners.
XX Owners of record within the required distance.
DATE OF FILING: November 4, 1998
THIS DECISION SHALL BE FINAL ON MONDAY,NOVEMBER 16,1998,UNLESS AN APPEAL IS FILED.
Any party to the decision may appeal this decision in accordance with Section 18.32.370 of the Community Development
Code which provides that a written appeal must be filed with the CITY RECORDER within ten (10) days after notice is given
and sent.
THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON NOVEMBER 16,1998.
If you have any questions, please call the City of Tigard Planning Division at Tigard City Hall, Community Development
>epartme t, 13125 SW Hall Boulevard, Tigard, Oregon 97223, (503)639-4171.
l� \O _ C (\' MA K ' November 4, 1998
PREPARED BY: Debbie Ada ski, Development ervices Technician DATE
�`r ��, November 4, 1998
APPROVED BY: Ric ewersdorff, Pla -1 Manager DATE
HOP 98-0110/TYPE II DBA: CHIROPRACTIC CARE NOTICE OF DIRECTOR'S DECISION