13895 SW 104TH AVENUE 13895 SW DATH AVENUE
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PARTY WALL nE:CI,ARATION Tt*A Avka"&o.,
J .W. Kosta and J . B. Kosta are the owners in fee of
the followir;g described real property situated in the City �
pot � l
of Tigard , County of Washington, State of Oregon: -----
Lots 3 and 4 , '7o Square.
13865' ' 3Soo
The owner is constructing on said premises a
townhouse for sale to two different persons. The townhouse
will consist of two separate dwelling units connected by a
party wall .
It is intended by the undersigned to create, in
favor of each purchaser , an easement covering the party wall
separating the two units.
In order to protect each and every purchaser, his
successors and assigns, the following easements on the
townhouse and party wall located on the premises are hereby
created:
1 . Party_Wall_Declaratian . The said dividing
wall 1 hereby declares: to be a party wall between the
adjoin'.ng residences erected on the property.
2 . Maintenance_ of Party Wall . The cost of
mai.ntoi.ning the party wall shall he borne equally by the
owners of each unit.
3 . Damage to Party Wall . In the event of damage
or destruction of the party wall from any cause, other than
the negligence of the unit owners, the then owners shall , at
joi it expense, repair or rebuild the wall , and such party,
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his successors and assigns, shall have the right to the full
use of said wall so repaired or rebuilt. If either party' s
negligence shall cause damage to or destruction of said
wall, such negligent party shall bear the entire cost of
repair or reconstruction. If either party shall nealect or
refuse to pay his share, or all of such cost in case of
negligence, the other party may have such wall repaired or
restored and shall be entitled to have a ml-chanics lien on
the premises of the party so faili.nq to pay for the amount
of such defaulting party' s share of the repair or replace-
ment cost.
4 . Drilling _Through Party _Wall . tither party
shall have the right to break through the party wall for the
purpose of repairing or restoring sewage, water , utilities,
subject to the obligation to restore said wall to its
previous structural condition, at hi :, own vxpellse, including
payment to the adjoining owner of any damages negligently
caused thereby.
5 . Easement. Neither party shall alter or change
the party wall in any manner , interior decoration excepted,
and the party wall shall remain in the same location as
when erroted , and nach party to 1- 11A w,111 shall have a
Irl- 1 11(. 1 ii,1 I ill 1 I1,i 1 11.1 r 1 (11 Ill(- 1,r m 1 : :, 40 11w
other on which said party wall Ls located, for party wall
purposes.
�� . Coven,ints Running With thv Land. All Eanements
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hereby created are and shall be perpetual and construed as
covenants running with the land and each and every person
accepting a deed to either lot shall be deemed to accept
that deed with the understanding that each and every other
purchaser is also bound by the provisions of this reclara-
tion and each and every purchaser , by accepting a deed to
either lot, shall thereby consent to and igree to be bound
by the covenants of this agreement to the same extent as
though he had signed this instrument. The undersigned , in
executing and delivering deeds to said lots, shall insert in
said conveyance , by reference , that the same are made
subject to the terms, conditions, reservations and covenants
contained in this Declaration designating the book and page
number of the record of which this instrument is recorded.
7 . Weather-Proofing. Notwithstanding any of the
provisions of this Declaration, any party whose negligent
or willful act causes the party wall to be exposed to the
elements shall bear the whole cost of furnishing the neces-
sary protection against such elements.
8 . Arbitration_in the Event of An Dispute
Arising Concernina the Party_Wall. Each party shall chose
one arbitrator and such arbitrator shall chose one addition-
al arbitrator and the dispute shall be arbitrated by the
arbitrator so designated . The decision shall be by majority
of all arbitrators and shall be binding on all parties
thereto, their heirs and assigns.
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9 . Attorney' s_Fees. In the event of litigation
ari.si.rg out of this Declaration, the prevailing party shall
[)o entitled to receive ftom the other party his reasonable
attorney' s fees as determined at trial or upon appeal .
IN WITNESS WHEREOF, the undersigned have executed
this instrument on the _ 22 day of Januar__ : . 1981 .
7 ,t OSTA KOSTA
J .W. Kosta and J . B . Kosta personally appeared
befo,,e me this day and acknowledged the foregoing instrument
to be their voluntary art and deed .
1 ♦.i J I
Notary Publlcr for Oregon
My Commission Expires.__,,
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BUILDING PERMIT APPJOATION TIGARD DATE L"J ,1g 20 • 3493
THE UNDERSIGNED HEREBY APP'ILIES=UH A PERMI FOR TI-11E WORK HEREIN INDICATED BUILDER PHONE
ORAS SHOWN AND APPROVED IN THE ACCON ANYING PLANS ANG SPECIFICATIONS. OWNER P( ON�
LOT N0.
OWNER 3-Ent r-onstr• JOBADDRESS 13895 SW 1C4th AvfJ(iue
_-- T — -- ARCHITECT w�
s+�ms 5203 SE 28th ENGINEER
BUILDER ADDRESS , Partlan ESIGNER R. loans DF3t3J.gn3
STRUCTURE [(NEW LJ REMODEL ❑ ADDITION I.1 REPAIR ❑ RENEWAL ❑ FIRE DAMAGE O DEMOLITION
® RESIDENCE ❑ COMM ❑ EDUCATIONAL ❑ GOV'T ❑ RELIGIOUS ❑ PATIO Cl CARPORT ❑ GARAGE ❑ STORAGE ❑ SLABCO FENCE
OCCUPANCY H"3 LAND USE ZONE W Bim?BLDG,TYPE �N _FIRE ZONE=PLAN CHECK BY Alh_HEAT
Construct single Cami dwelling w/111 detached gar go, 3 Bedrooms 1 Hath.
Ne-Issue of Permit #3497 (1393b ;!.i 104th Avenue)
SEINER PERMIT# 2311111 — 4750,00 -- - - - __ . JaIB��—4QU._§_q_&fts
OCC.LOAD FLOOR LOAD 40 —HEIGHT 12 N0.STORIES _ .L AREA 1000N_O.BEDROOMS 3 _VALUE641,5O_O.
Y BUILDING DEPARTMENT SETBACKS FRONT 20 REAR _ 24 LEFT SIDE 9 RIGHT SIDE 0
Permit $163.00 THIS PERMIT IS ISSU zD SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE,ZONING
REGULATIONS AND '.LL APPLICABLE CODES AND OrIDINANCES, AND IT IS HEREBY AGREED THAT THE
Plan Check 10.00 WORK WILL BE DO'S - IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE
WITH ALL APPLICAB_E CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE
Sub-total 173.00 RESTRICTIVE COVED ANTS CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS
LICENSE.SEPARATE PERMITS REQUIRED FON SEWER,PLUMBING AND HEATING.
State Tax 4 6.52 ,
'4LIU.Ur
Total 51'19.52 SDC - ,
By
PDC#I 1 ;;100.0n dh
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APPLICA TAOI'RT
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Approved duh Receipt No. fr ADDRES PHONE
DATE INSP. TYPE INSPECTION REMARKS PLUMBING DAYE
Contractor
Permit No. .7tL
F9 3�,;,e> h, >-3-F-V
Rough-in
Fixture
3o-i, Final
HEATING
Contractor
Permit Na,
Gas or Oil
Rot.gh-in
Final
SEWER
Final
DRIVEWA*4
Final
Storm Drainage
(Rain Drain)Final
Sidev%mik
Curb&Street Final
6-16-9/ Approach
MDG V PT.FINAL: -j�EMPORARYj CERTIFiCATE OCCUPANCY Final
CERTIFICATE OCCUPANCYl
Landscaping
Zoning Final
BUILDING PERMIT APPIL-ICA T ICON TIGAZ:) DATE • - �9 C/0 P-T
TWE UNDERSIGNED HEREBY,-APPLIES FOR A PERM IT FOR TIME WORK HERFIN I',OICATED BUILDER PHONE
ORAS
SHOMN AND APPROVED IN THE ACCOtI PANNYING PLANS AN SPECIFICATIONS. OVINE?PHO
•0;':`;E- �'L� C,:�OM1S� JOB ADDRESS I/ nQ J SUJ Q,�--��p LOT NO.
�� jQ ARCHITECT -
n < �_ ADDRESE320 %2�- (�_ DESII
BUIL.�ER GNER-9-AeAv15�C�1j�h5
STRUCTURE NEW ❑ REMODEL _C AODIT!0N -_ REPAIR ❑ RENEWAL ❑ FIRE DAMAGE ❑ UEM IOLITION
RESIDENCE C COMM ❑ ELIUCATICNAL '+1 GOVT C RELIGIOUS u PATIO C CARPORT C GARAGE C STORAGE ❑ SLAS❑ FENCE
OCCUPANCY !(' J LAND USE ZONE R- BLDG TYPE __,FIREZONE PLAN CHECK BY BEAT _—
,40
SEWER PEnMITN —
OCC.LOAD FLC)OR LOAD 4 HEIGHT 12 NO.ST0,11ES AREA /OUQ 140.B=_DROOMS 11ALUE#,1,560
BUILDING DEPARTMENT SET BACKS FRONT Z O REAR Z4 LEFT SICE_ RIGHT SIDE
P^rm�t /63' THIO PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE,ZOt.:!dG
' REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND IT IS HEREBY AG;'EED THAT THE
'Ian Check_ WORK WILL BE DANE IN ACCORCANCE WITH V HE PLANS AND SPECIFICATIONS AND IN CO.I.IPLIANCE
��-- WITH ALL APPL'LA' LE COOT AND ORDINANCES. THE iSSUAtJCE OF THIS PERMIT DOES NOT 'NAIV
!Su`_✓tctal -- _/ /t• RESTRICTIVE CU'.r-NA ITS. CONTRACTOR AND SUB CONitiACT0:,3 TO HAVE CUFMENT CITY BUSINESS
LICENSE.SEPARATE PER.MiTS REQUIRED FCA SEWER,PLUMBING AND HEATING.
6 ma Tax - S 2 ( ohe
y.2 Soc - 91'A
Total -.1 r _ _
PDC# APPLICANT OR AGENT ---�
Y �i ---
A�,,roved Receipt r•o. ADDRESS —� ���
PMCNE
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'EWER CONNECTION 7�g
c JER IN'SPELTILN .a
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EWER SURCHARGE S
nm•i nf1� Q \�`JVN� Iel� �C�.� ���,� 2 6 `�/`N \�
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