Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
ADU2019-00002
APPROVED ADU2019- 00002 BRADEA, ACCESSORY DWELLING UNIT NOTICE OF TYPE I DECISION ACCESSORY DWELLING UNIT ADU2019-00002 BRADEA ACCESSORY DWELLING UNIT [.doxom-- 120 DAYS = August 28, 2019 SECTION I. APPLICATION SUMMARY FILE NAME: BRADEA ACCESSORY DWELLING UNIT CASE NO.: Accessory Dwelling Unit(ADU) ADU2019-00002 PROPOSAL: The applicant proposes to create two (2) accessory dwelling units (ADUs) that will be attached to the primary unit (an existing single detached house) at 8355 SW Pfaffle Street.Off-street parking will be provided for both the primary and accessory dwelling units. APPLICANT: Benjamin Bradea 10770 SW Walnut Street Tigard, OR 97223 OWNER: Same as applicant LOCATION: 8355 SW Pfaffle Street;WCTM 1S136CB,Tax Lot 2900 BASE ZONE: R-4.5: Low Density Residential Zone APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapter 18.220.040 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request,subject to a condition of approval.The findings and conclusions on which the decision is based are noted in Section IV. CONDITION OF APPROVAL THE FOLLOWING CONDITION MUST BE SATISFIED: Unless noted otherwise, the staff contact shall be Lina Smith,Assistant Planner; (503) 718-2438 or LinaCSntigard-or.gov. 1. Prior to building permit submittal, the applicant must apply for a Public Facility Improvement (PFI) permit for the proposed new driveway approach from SW 83`d Avenue. ADU2019-00002 BRADEA ACCESSORY DWELLING UNIT 1 SECTION III. BACKGROUND INFORMATION Site Information: The property is located at 8355 SW Pfaffle Street (WCTM 1S136CB, Tax Lot 2900), at the northwest intersection of SW Pfaffle Street and SW 83'Avenue. The property is currently occupied by an existing single detached house,with an attached garage,and paved driveway.The applicant proposes to demolish the existing attached garage, in order to accommodate two (2) attached ADUs. The property is zoned Low-Density Residential (R-4.5). Adjacent properties to the north and east are zoned R-4.5. Adjacent properties to the west are zoned Medium-Density Residential (R-7),and adjacent properties to the south are zoned Medium-High Density Residential (R-25). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.220 Accessory Dwelling Units: 18.220.040 Standards A. Number of units. 1. A maximum of 2 accessory dwelling units are allowed per single detached house. The subject property is currently occupied by one (1) existing single detached house, and the applicant proposes to create two (2) attached ADUs. This standard is met. 2. A maximum of 1 detached accessory dwelling unit is allowed per single detached house. A second accessory dwelling unit must be attached to the primary unit. The applicant is not proposing a detached ADU. This standard does not apply. B. Size. 1. The maximum size of a detached accessory dwelling unit is 800 square feet. The applicant is not proposing a detached ADU. This standard does not apply. 2. The square footage of attached accessory dwelling units may not exceed the square footage of the primary unit. The applicant proposes to create two (2) ADUs that will be attached to the primary unit (an existing single detached house). This proposal meets the standard outlined above because the primary unit is 1,170 square feet in size, and each ADU will be 1,146 square feet in size. This standard is met C. Height. 1. The maximum height of a detached accessory dwelling unit is 25 feet. The applicant is not proposing a detached ADU. This standard does not apply. 2. A structure containing an attached accessory dwelling unit may not exceed the maximum height for a single detached house in the base zone. The maximum height for a single detached house in the R-4.5 Zone is 30 feet. The applicant's proposal meets the standard outlined above because each ADU will be less than 30 feet in height.This standard is met. D. Setbacks.Accessory dwelling units must meet the setback standards for a single detached house ADU2019-00002 BRADEA ACCESSORY DWELLING UNIT 2 in the base zone,with the exception that a detached accessory dwelling unit may be located up to 5 feet from the rear property line if the accessory dwelling unit is less than 15 feet in height. Staff reviewed the applicant's submitted site plan to confirm the proposed ADUs meet the setback standards for a single detached house in the R-4.5 Zone. This standard is met. E. Entrances. Only one attached accessory dwelling unit may have an entrance on a street-facing facade.The entrance to a second attached accessory dwelling unit must be oriented to a side or rear lot line. The applicant proposes to create two (2) ADUs that will be attached to the primary unit (an existing single detached house).This proposal meets the standard outlined above because only one (1) ADU will have its entrance on a street-facing facade (facing SW Pfaffle Street), and the other ADU will have its entrance oriented to the rear lot line (to the north). This standard is met. F. Parking. 1. In addition to the number of parking spaces required for the primary unit, a minimum of 1 off-street parking space must be provided for each accessory dwelling unit. Lots within 2,500 feet of a right-of-way that includes transit service are exempt from the additional parking requirement for the accessory dwelling unit. 2. An on-street parking credit may be granted for the required accessory dwelling unit parking according to the standards of Section 18.410.090. The applicant is required to provide three (3) off-street parking spaces: one (1) for the primary unit,and one (1) for each ADU. The subject property contains an existing paved driveway that will provide adequate parking for the primary unit.The applicant also proposes to create a new paved driveway on the east side of the property,with a new approach from SW 83`d Avenue.Staff finds this new driveway will provide adequate parking because it will accommodate two (2) additional parking spaces. Additionally, staff has included a condition that states the applicant must apply for a PFI permit for the new driveway approach. These standards are met. G. Home occupations. Type II Home Occupations are prohibited on a lot with two accessory dwelling units. City records for this property show no current home occupation permits on file. This standard is met. H. Accessory dwelling units in accessory structures. Accessory dwelling units may be added to accessory structures such as garages, subject to the maximum square footage and height restrictions for each,as measured using the method provided in Section 18.40.120. ■ The applicant is not proposing to create an ADU in an accessory structure.This standard does not apply. CONCLUSION: This proposal is to create two (2) accessory dwelling units that will be attached to an existing single detached house, and is in compliance with the applicable requirements of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: ADU2019-00002 BRADEA ACCESSORY DWELLING UNIT 3 X The applicant and owner Final Decision: An accessory dwelling unit application is processed through a Type I procedure. As such, this decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not appealable locally, and is the final decision of the City. THIS DECISION IS FINAL ON APRIL 30, 2019, EE-: AND BECOMES EFFECTIVE ON MAY 1, 2019. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSntigard-or.gov. April 30, 2019 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee ADU2019-00002 BRADEA ACCESSORY DWELLING UNIT 4 51S KAY NOT�5 L. clmn 6FWAI. INFOPWAT10N O PROPERTY UNE, — — — PROPERTY UNE OWNER: BENJAMIN(3P.AJ7EA z0(E) CURE CUf TO REMAIN, — — 510E CONTOUR A1717RE55: 8355 5W PPAI'I`1X 5TREEf 0<E) ROAD. 59 OREGON 97223 0(E)ELECTRICAL POLE&OVI PfA17 i UTILITY SERVICE TAX LOT IR 151360602900 ELECTRICAL&COMMUNICATION SERVICE, WATER METER PROPERLY 117: P283687 0(E)170Vl;WAY ELECTRICAL POLE PROPERTY CLA551FICAIION: 1010-RE51VENT1AL IMPROWP ©(E)WATER LINE ANP METER NEICNf30RN00t7 C017E: W5MZ 0(N) PROPO51 fP P IVEWAY LOT PPTAKPOWN O LEGAL: 5TEVl &NJGNIE'5 PLACE Lot:I(N) PROP05E17 CURE CUT LOT AREA: 12,342 5F e LOf SIZE: .28 ACRES EX151ING COVERAGE: 1,566 5F 1,15E: WA5NIN6TON 1`901`05W COVERAGE: 1,600 5F MAP NUMW: 151360302900 EX15111\16 IMPERVIOUS: 931 5F PROP05W IMPERVIOU5: 500 51, (E)PERCENT COVERAGE: 137 (N)PERCENT COVERAGE: 267 (E)PERCENT IMPERVIOU5: 6 (N)PERCENT IMPERVIOUS: 10% CITY 01;- 1 kAAhU Approved by Planning 51 VATI Date: Initials: 51—ELEVOM 221' ne-ia LY V� 2 9 51fE ELEVATION 229' LlEL VAl 25' 9TE ELEVATION 25' 5W PFAPFLE 51REET O 51Tf RAN—0-1 52.. WE51'COA5T 17E5161\1&GRAPNIC5,LLC PFAFFLE APU A17171TION PROP05EP 511E PLAN O 1419 ITAVERTON,OR 97006 8355 5W PFAFFLE 5TREEf El P:503-741-9234 TIGAM,OREGON 97223 E: P:971,506,5592 nrotta@wc-d .com W1 www.wc-d ,cmo APPLICANT MATERIALS Ci f Tigard Case #: City oAP Y� ,may, COMMUNITY DEVELOPMENT DEPARTMENT Master Land Use Application LAND USE APPLICATION TYPE APR 16 2019 J25 Accessory Dwelling Unit 12!�Modification: 2SType IO e II O Adjustment ❑ Planned Development: CIT` OF TIGARD O Annexation Consolidated Plan PLANNING/ENGINEERING ❑ Comprehensive Plan Map Amendment O Concept Plan ❑ Conditional Use ❑ Detailed Plan ❑ Downtown Design Review: ❑ Sensitive Lands Review: ❑ Track 1 ❑ Track 2 ❑ Track 3 ❑ Type 1 ❑ Type II ❑ Type III ❑ Home Occupation—Type II ❑ Site Development Review: ❑ Type I ❑ Type II ❑ Land Partition O Subdivision O Lot Line Adjustment/Lot Consolidation O Temporary Use Permit O Marijuana Facility Permit O Urban Forestry Plan: ❑ Miscellaneous: ❑ Modification ❑ Discretionary Review O Type II ❑ Type III ❑ Zoning Map Amendment PROJECT INFORMATION Project name: 8355 SW Pfaffle ADU's Brief description of project: Single family home to remain.Two ADU's will be attached to existing home. SITE INFORMATION Location (address if available): 8355 SW Pfaffle St Tax map and tax lot number(s): 1S136CB02900 Site size: .28 ACRES Zone: R4.5 APPLICANT INFORMATION Name: Benjamin Bradea Mailing address: 10770 SW Walnut St City/State: Tigard,OR Zip: 97223 Phone: 9715065592 Email: benjamin.bradea@gmail.com Applicant's representative: Phone: Email: City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwdgard-or.gov 503-718-2421 • Page 1 oft PROPERTY OWNER INFORMATION 19 Same as applicant (Attach list for additional owners) Name: Mailing address: City/State: Zip: Phone: Email: I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard Community Development Code. To the best of my knowledge,all the information provided within this application package is complete and accurate. Benjamin Bradea April 15, 2019 Applicant's signature* Print name Date Property owner's signature* Print name Date Property owner's signature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. STAFF USE ONLY Case No.: A ;-A l ` ;application fee: `*� Received bv:ill Date: Related Case(s) Determined complete by: Date: 3 City ofTigard 13125 SW Hall Blvd. • Tigard, Oregon 97223 wwwtigard-or.gov 503-718-2421 • Page 2 of2 First American Title Insurance Company '~ Firs*American 121 SW Morrison Street,Suite 300 Portland,OR 97204 Phn-(503)222-3651 (800)929-3651 Fax-(877)242-3513 Order No.: 7000-3215130 April 01, 2019 FOR QUESTIONS REGARDING YOUR CLOSING, PLEASE CONTACT: CANDACE BROWN, Escrow Officer/Closer Phone: (503)350-5005 - Fax: (866)656-1602- Email:canbrown@firstam.com First American Title Insurance Company 5335 SW Meadows Road, Suite 100, Lake Oswego, OR 97035 FOR ALL QUESTIONS REGARDING THIS PRELIMINARY REPORT, PLEASE CONTACT: James J. Welch,Title Officer Toll Free: (800)929-3651 - Direct: (503)795-7669 - Email: jwelch@firstam.com Preliminary Title Report County Tax Roll Situs Address: 8355 SW PfafFle Street,Tigard, OR 97223 2006 ALTA Owners Standard Coverage Liability $ 269,000.00 Premium $ 873.00 2006 ALTA Owners Extended Coverage Liability $ Premium $ 2006 ALTA Lenders Standard Coverage Liability $ Premium $ 2006 ALTA Lenders Extended Coverage Liability $ Premium $ Endorsement 9.10,22&8.1 Premium $ Govt Service Charge Cost $ 25.00 City Lien/Service District Search Cost $ Other Cost $ We are prepared to issue Title Insurance Policy or Policies of First American Title Insurance Company, a Nebraska Corporation in the form and amount shown above, insuring title to the following described land: LOT 1, STEVE AND HUGHIE'S PLACE, IN THE CITY OF TIGARD, WASHINGTON COUNTY AND STATE OF OREGON. and as of March 27, 2019 at 8:00 a.m., title to the fee simple estate is vested in: Jimmy D. McGinnis and Lidia R. McGinnis, as tenants by the entirety Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued,and the full premium paid. Preliminary Report Order No.:7000-3215130 Page 2 of 6 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment(of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage may be added upon review of such information: A. Survey or alternative acceptable to the company B. Affidavit regarding possession C. Proof that there is no new construction or remodeling of any improvement located on the premises. In the event of new construction or remodeling the following is required: i. Satisfactory evidence that no construction liens will be filed; or ii. Adequate security to protect against actual or potential construction liens; iii. Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon 6. Water rights, claims to water or title to water, whether or not such rights are a matter of public record. 7. City liens, if any, of the City of Tigard. Note: There are no liens as of April 01, 2019. All outstanding utility and user fees are not liens and therefore are excluded from coverage. 8. These premises are within the boundaries of the Tualatin Valley Water District and are subject to the levies and assessments thereof. 9. Statutory powers and assessments of Clean Water Services. 10. Easement as shown on the recorded plat/partition For: Utility Affects: Along all side and rear lot lines 5 feet in width - END OF EXCEPTIONS - NOTE: Taxes for the year 2018-2019 PAID IN FULL First American Title Preliminary Report Order No.:7000-3215130 Page 3 of 6 Tax Amount: $2,310.53 Map No.: 1S136CB-02900 Property ID: R283687 Tax Code No.: 023.81 NOTE: We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Certain conveyances may be exempt from said ordinance, in which case, Washington County will require a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are recorded (including situations to meet lender requirements) either the transfer tax must be paid or affidavit acceptable to the County must be filed. THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! RECORDING INFORMATION Filing Address: Washington County 161 NW Adams Avenue, Suite 103 Hillsboro, OR 97124 Recording Fees: $81.00 First Page (Comprised of: $ 5.00 per page $ 5.00 per document- Public Land Corner Preservation Fund $ 11.00 per document -OLIS Assessment&Taxation Fee $ 60.00 per document- Oregon Housing Alliance Fee) $ 5.00 E-Recording fee per document $ 5.00 for each additional page $ 5.00 for each additional document title, if applicable $20.00 Non-Standard Document fee if applicable First American Title Preliminary Report Order No.:7000-3215130 Page 4 of 6 HS First American Title Insurance Company SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY(06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage,costs, attorneys'fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). ALTA OWNER'S POLICY(06/17/06) The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage, costs,attorneys'fees,or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. SCHEDULE OF STANDARD EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,or claims of easement,not shown by the public records;reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights,claims or title to water. 4. Any encroachment(of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land),encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien"or right to a lien,for services, labor, material,equipment rental or workers compensation heretofore or hereafter furnished,imposed by law and not shown by the public records. NOTE: A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)WILL BE FURNISHED UPON REQUEST TI 149 Rev.7-22-08 First Amencan Title Preliminary Report Order No.:7000-3215130 Page 5 of 6 FirstAmerican Title r'� GCCY s Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,we may ask you to provide us with certain information.We understand that you may be concerned about what we will do with such information-particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity.First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we will not release your information to nonaffiliated parties except:(1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however,store such information indefinitely,including the period after which any customer relationship has ceased.Such information may be used for any internal purpose,such as quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers,property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet.We believe it is important you know how we treat the information about you we receive on the Internet. In general,you can visit First American or its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,not the e-mail addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the site, pages viewed and similar information.First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you to access specific account/profile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive. FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web site experience. ---------------------------------------------- -------- Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information. When,as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services,our employees and others in our industry about the importance of consumer privacy.We will instruct our employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) FirstAlmefxan TWO 4/1/2019 Assessor Map Full-GeoAdvantage by Sentry Dynamics 5004 00 1 1131.72 L' TRACT "A" g 3400 0 _ 83.77 ° 0 2.77 10600Pz ^ 6 ^ r Co 10 131.70 mri N 1059116-24%W0 ` v 0 ° 9 3300 0 IT 5 V 3'J .5 ,16.26r0 �o� 10400 131.68 ,` o > 8 0 116.26 8 3200 L a 10300 4 0 a, I 116.26 131.15 N f 10200 J 0 t �' 6 0 �' Li 31 I" 79.28 15 o 10100�� ^ 3 N 79.18 I ro 10700 0 5 C7 122.06 50' N i ¢ 11 a 116.26 ° 79.17 0 Q 10000 3000 ° 10800 0 42.50 4 r, 2 cti 12 v 116.26 ^ J 7 890 g 9900 �J 116.63 .35 AC N69?U-;OW v 3% 3Co116.26 10900 r1 �) 980 Ln00 `° 2900 46 I 13 1 t 2 0 1 006 0 I 116.26 (f� INd 9700 79.28 oCDey 1 5 o ^ 89-83197 �t�\\\\ \\\\�\ \ 96.27 m Q,� — -- _ 158.68 158.24 w 96-97356 � 218.85 i ParcelID: R283687 FimtAmeiican Title- 8355 SW Pfaffle St Tigard, OR 97223 This map/plat is being furnished as an aid in locating the herein described land in relation to adjoining streets,natural boundaries and other land,and is not a survey of the land depicted. Except to the extent a policy of title Insurance is expressly modified by endorsement,if any,the company does not insure dimensions, distances,location of easements,acreage or other matters shown thereon. httpJ/dlents.soMrydynamics.r*VAurK4ap/Full?parcelid=R28M7&cnty=OR Washington 1/1 DocuSign Envelope ID:0193FCEA-DA7D-487D-9BF7-34F2284B1A29 THIS SPACE RESERVED FOR RECORDERS USE n t1 After recording return to: Benjamin Bradea 8355 SW Pfaffle Street Tigard, OR 97223 Until a change is requested all tax statements shall be sent to the REE &.S4RPROVEU following address: Benjamin Bradea 45E2CCD41D1)D4D5 8355 SW Pfaffle Street Tigard, OR 97223 File No.: 7000-3215130(clb) Date: April 01, 2019 STATUTORY WARRANTY DEED Jimmy D. McGinnis and Lidia R. McGinnis, as tenants by the entirety, Grantor, conveys and warrants to Benjamin Bradea , Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: LOT 1, STEVE AND HUGHIES PLACE,IN THE CITY OF TIGARD,WASHINGTON COUNTY AND STATE OF OREGON. Subject to: 1. Covenants,conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is$269,000.00. (Here comply with requirements of ORS 93.030) Page 1 of 2 .K ------------ DocuSign Envelope ID:0193FCEA-DA7D-487D-9BF7-34F2284B1A29 4/112019 Assessor Map Full-GeoAdvantage by Sentry Dynamics X37-554 I � ' of crit' 731.72 - �---- "A." fj TRACT Q4 a 1 ey22,%7 83.17 . 6 o , 1 0 10600 Ot1� t-- v h c+� M __.... _ 131.70 i m at -- .• Cej N;3 91 ' 6,- I s r; 10500 0) - rt' ry 3100 OE J 4 �! ' all Sol o , 116,2E �y 131.8810400 �✓ I S+ o no i j -_...._.. 118.2E . QQ ~ : 10300 I: a 7 4 Z ----- ' i 116:26 ry 0200 of0031� J I o 11 L7+ �+n 79.28 ' ��10 100 `cD ` 10700 122. ` 176.26 ra 1QOt 79.1 . 3000 4 10800 2 i�r >' 890 ""1� �f j 0 1162s a~, 1 7�a 7 ' c 7 9900 - 116.83. _._ -. I in i a 35 AC I i1 626 ^ I I ' + 10900 R l `) 980(100 �� m tri 9700 ' 1 # E 431197 U) -P ' L'7 F. 158.5A fi 158.24 -•_-._-._ +��.- _ 96 9� 7$56 --•---- 218.85 — ParcellD- 8283687 FirstAmeriran Title"' 8355 SW Pfaffte St �vr I Tigard, OR 97223 This map/plat is being Furnished as an aid In locating the herein described land In L; relation to adjoining streets, natural boundaries and other land,and is not a survey of the land depicted. Except to the extent a policy of title insurance Is expressly modified by endorsement, tf any,the company does not insure dimensions, % distances, location of easements,acreage of other matters shown th"on. a�. 42 httpllcllents.seritrydynamias.neVAssrM*Fu11?parcelid=R2836878cnty=OR Washington 1/1 Y-: F= DocuSign Envelope ID:0193FCEA-DA7D-487D-9BF7-34F2284B1A29 1 APN:R283687 Statutory Warranty Deed File No.:7000-3215130(db) ; -continued BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, s CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. i Dated this day of ' 20 i Jimmy D. McGinnis Lidia R. McGinnis i i STATE OF Oregon ) )ss. County of Washington ) This instrument was acknowledged before me on this day of , 20 by Jimmy D. McGinnis and Lidia R. McGinnis. Notary Public for Oregon My commission expires: i i Page 2 of 2 DocuSign Envelope ID:0193FCEA-DA7D-487D-9BF7-34F2284BIA29 First American Title Insurance Company 5335 SW Meadows Road,Suite 100 FirstAmerican Lake Oswego,OR 97035 Phn-(503)350-5005 Fax-(866)656-1602 ESCROW AGREEMENT (SALE) File No: 7000-3215130 (clb) Date: April 01, 2019 Seller: Jimmy D. McGinnis and Lidia R. McGinnis Buyer: Benjamin Bradea Property Address: 8355 SW Pfaffle Street,Tigard,OR 97223 TRANSACTION INSTRUCTIONS Please read this document carefully. It requires the use of individual arbitration to resolve disputes instead of jury trials or class actions. To: First American Title Insurance Company, hereinafter"Escrow Agent" lY Real Property Description: As set forth in Preliminary Title Report issued by First American Title Insurance Company, Order/File Na. 7000-3215130 dated March 27, 2019 a copy of which has been read and approved by Seller and Buyer. Seller deposits with Escrow Agent, pursuant to these instructions,the following: Et • Fully executed Statutory Warranty Deed • 1099 Input Form or Seller Certification • Affidavit of Existing Construction is • All other documents delivered by Seller in connection with the closing And authorizes delivery, release, and recording of documents when you hold for the account of the Seller the sum as shown on the attached Estimated Settlement Statement, and, further authorizes credits, deductions and adjustments as set forth on the attached Estimated Settlement Statement. Certain items shown on the settlement statement are estimates only and the final figures may be adjusted to accommodate exact amounts required at the time of disbursement. Buyer deposits with Escrow Agent, pursuant to these instructions, the following: • Funds to close as shown on the Estimated Settlement Statement • Copy of Statutory Warranty Deed which has been read and approved • All other documents delivered by Buyer in connection with the closing fig And authorizes delivery, release and recording of documents when you are prepared to: 1. Issue an Owner's Title Insurance Policy (ALTA 2006) in the amount of the sales price, insuring the Grantee on the deed deposited by Seller (which has been read and approved by Buyer), as the owner of that certain real property referenced above, subject to (a) the exclusions, conditions and stipulations as contained in the policy, (b) the exceptions not shown as deleted on the marked-up Preliminary Title Report read and approved by Buyer, and (c) all documents recorded at the closing (Including, without limitation, all deeds of trust). And, further authorizes a) if Buyer is obtaining a new loan, recording and/or release of any documents required by or on behalf of Lender; and b) credits, deductions and adjustments as set forth on the attached Estimated Page 1 of 6 I DocuSign Envelope ID:0193FCEA-DA7D-487D-9BF7-34F2284B1A29 IC i= First American Title Insurance Company File No.: 7000-3215130 (clb) Date: April 01, 2019 Settlement Statement. Certain items shown on the settlement statement are estimates only and the final figures may be adjusted to accommodate exact amounts required at the time of disbursement. r� n AUTHORIZATIONS [E[' E If your closing occurs between July 1st and date the tax roll is certified by the county, please be j advised of the following: Taxes: Closing tax prorations for the current year are to be based upon 2018-2019 taxes, which is accepted by : the undersigned as a final proration for the purposes of the escrow closing. The undersigned will not hold Firstj American Title Insurance Company responsible for any re-proration caused by any increase or decrease of = f the tax amount due. 12 The Buyer understands that the 1/3 real property taxes will be due and payable by November 15th. Buyer acknowledges that they will need to contact Washington Tax Collector's office to obtain the tax payment ltr information if the tax statement is not received by November 1st, in order to avoid any delinquent charges. Prorate: You are to prorate taxes in accordance with the terms of the purchase and sale agreement or ORS €r 311.275 if the purchase and sale agreement is silent on prorations. Fire Insurance: The parties are to secure fire insurance outside of escrow to protect their interest(s) as they may appear. X kz Counterpart: These instructions may be signed in counterpart. Escrow Agent may consider, upon receipt, all . duly executed counterparts to be a single instruction. Fax/Scan/PDF: Escrow Agent is authorized to complete all necessary actions set forth herein upon receipt of a signed facsimile (FAX), scan or PDF of these instructions without receipt of original signed instructions. Electronic Transfer: Escrow Agent may, in its discretion, receive and/or disburse any funds in connection with this agreement by electronic (wire) transfer. If required by any of the parties to utilize this method of transfer, the requesting party agrees to pay any reasonable fee as assessed by Escrow Agent for this service. F Deposits: Parties understand and agree that all checks, money orders or drafts will be processed for collection in the normal course of business. Parties further understand that all funds required to close must be payable to Escrow Agent and must be collected funds, as required by Federal and State or Oregon statutes and regulations prior to the Escrow Agent's disbursement of any sums. Escrow Agent may commingle funds received with escrow funds of others, and may, without limitation, deposit such funds in its custodial or escrow accounts with any reputable trust company, bank, savings bank, savings association or other financial services entity. It is understood that Escrow Agent, except by virtue of separate signed instructions as required by State of Oregon regulation, shall be under no obligation to invest the funds deposited on behalf of any depositor, nor shall it be =E accountable for any earnings or incidental benefit attributable to the funds which may be received by Escrow Agent while it holds such funds. -= The undersigned are hereby informed that Escrow Agent deposits all funds into a non-interest bearing account and receives or may receive certain credits and benefits including, without limitation, checks deposit slips, data '= processing and account services from or through various financial entities as a result of the banking relationships maintained in the regular course of its escrow and title insurance business. The undersigned hereby waive any and all rights or claims with respect to such credits and benefits received by the Escrow Agent or any affiliates thereof. A good faith estimate of the benefits received by Escrow Agent is $32.16 (based on 2001 results) per escrow transaction. This disclosure is made in compliance with Oregon Administrative Rule 863-50-065. Page 2 of 6 DocuSign Envelope ID:0193FCEA-DA7D-487D-9BF7-34F2284B1A29 First American Title Insurance Company File No.: 7000-3215130 (clb) Date: April 01, 2019 Any funds remaining on deposit after closing or refunds received by Escrow Agent will be refunded to the parry whose account was charged. No further instructions will be required by any party prior to the disbursement of L- any such refund by Escrow Agent. '. Escrow Agent will charge an accounting fee of$10.00 for each month any funds are held after one (1) month in the event the person(s) entitled to such funds, after reasonable and diligent effort, cannot be found. Escrow Agent may charge a reasonable fee for replacement and/or stale dated checks. Oregon Tax Withholding: When applicable, parties authorize and instruct Escrow Agent to withhold and submit the necessary forms and sums, if any, to the Oregon Department of Revenue pursuant to Chapter 864, Oregon Laws 2007. When this amount is based upon net proceeds, escrow is to use the final net proceeds as set out in the Final Settlement Statement. 3 Copies: The undersigned authorize distribution of these escrow instructions and/or estimated or final settlement statements prepared on my behalf to any designee, real estate broker/agent or lender identified in this transaction. ' Closing: Closing is defined, for purposes of this agreement, as the time of the recording of all documents as required by the parties herein. Escrow Agent shall be entitled to payment of all fees charged for services kt provided at the time of closing. Any funds held for satisfaction/release of liens and encumbrances or to meet other conditions of this escrow may be transferred from this escrow account to an appropriate department or escrow for subsequent processing. �S Escrow Agent is authorized to request, on behalf of Borrower, reconveyances of any trust deeds that are paid in accordance with these instructions and to utilize the provisions of ORS 86.720 et seq in order to release the lien of record, if necessary. AGREEMENTS b f Dispute Resolution: Please read this arbitration provision carefully. It requires the resolution of disputes by arbitration on an individual basis rather than by jury trials or class actions. E (a) The parties acknowledge that they are entering into this arbitration agreement in connection with escrow services related to a real estate transaction. The parties agree that all disputes and claims involving Escrow `? Agent that arise out of or relate to the escrow services or related real estate transaction in any way must be resolved by arbitration. This arbitration agreement is intended to be broadly interpreted, and the 4; obligation to arbitrate includes disputes or claims brought by or against the parties' respective affiliates, owners, 4fi agents, employees, representatives, predecessors, successors, assigns, and any beneficiaries of the escrow services, such as those with an interest in the underlying real estate transaction or who are or intend to be occupants, tenants, or owners of the property. Notwithstanding the foregoing, any party may bring an individual action in small claims court. Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (d) below, is for the court to decide. The services provided by Escrow Agent evidence a transaction in interstate commerce, and thus the Federal Arbitration Actl governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination r of the Escrow. �i (b) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules or, where applicable, the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this arbitration provision. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects. Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law. Unless the parties agree i Page 3 of 6 DocuSign Envelope ID:0193FCEA-DA7D-487D-9BF7-34F2284B1A29 First American Title Insurance Company File No.: 7000-3215130 (clb) Date: April 01, 2019 :F otherwise, any in-person arbitration hearings shall be in the county in which the underlying real estate at issue in i' the transaction is located. (c) Arbitration Costs. The Escrow Agent will pay all AAA filing, administrative, and arbitrator fees for any arbitration that the Escrow Agent commences. If another party commences arbitration and the value of that claim is $75,000 or less (to either party), the Escrow Agent will pay all AAA fees. If, however, the arbitrator finds that the substance of such a claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. (d) Prohibition of Class or Representative Actions and Non-Individualized Relief. UNDER THIS :a AGREEMENT, ANY CLAIM MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, `x I' REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over an form of a class representative, or private attorney general proceeding. The arbitrator may award an relief Y p p Y 9 P 9• Y Y that a court could award, so long as the relief is individualized to the claimant and would not affect other persons. No party may seek non-individualized relief that would affect persons other than the parties s themselves. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Interpleader: Notwithstanding the preceding section, Escrow Agent shall have the option of interpleading funds in the Circuit Court of Oregon, including the Small Claims Division of same, as may be appropriate, in the event of a dispute regarding the disposition of any funds held by Escrow Agent, where the substance of the underlying dispute involves competing claims to the funds held in escrow. Limited Power of Attorney: The undersigned hereby grant Escrow Agent Limited Power of Attorney to correct and initial all typographical or clerical errors discovered in any or all of the closing documentation required to be executed by any of the parties hereto. In the event Escrow Agent exercises this Limited power of Attorney, a Cl copy of the document(s) corrected and/or initialed will be sent to the affected party. EXCLUSIONS r COMPLIANCE WITH VARIOUS LAWS OR STATUTES: Escrow Agent has no liability or responsibility with . respect to any matters connected with the following (unless expressly authorized herein or by separate written instructions acknowledged by Escrow Agent); t t� 1. Compliance with the requirements of the Consumer Credit Protection Act or Interstate Land Sales Act, or 3 similar laws; 2. Compliance with the requirements of the Oregon Revised Statutes 537.330 (relating to water rights), `= 3 448.271 (relating to well testing) and any similar laws; 13 _- 3. Compliance with the obligation to disclose the existence of lead based paint as required by federal regulation 24 CFR Part 35 and 40 CFR Part 35 et seq and any other related statute or regulation; and 4. Compliance with collection, withholding, reporting or payment of any amounts due under Section 1445 and 6039C of the Internal Revenue Code, as amended, regulations adopted thereunder, and any other �• related statute or regulation (Foreign Investment in Real Property Tax Act, commonly referred to as 1 FIRPTA). Notwithstanding the fact Escrow Agent assumes no liability or responsibility to the parties for compliance with FIRPTA, Escrow Agent reserves the right to take any action required by such law and/or regulation without further instructions of the parties. REPRESENTATIONS :i Page 4 of 6 DocuSign Envelope ID:0193FCEA-DA7D-487D-9BF7-34F2284B1A29 t First American Title Insurance Company File No.: 7000-3215130 (clb) Date: April 01, 2019 Compliance with Earnest Money Agreement: All terms and provisions of the earnest money agreement, amendments or addenda thereto, have been complied with to the satisfaction of the undersigned or will be completed outside of this escrow. Escrow Agent is not responsible for any matters except as set forth in this agreement. Utilities: The undersigned acknowledge that water, sewer, waste collection, electricity, and other utility charges and inventory for fuel, including any final billings will be adjusted outside this escrow by the respective parties f and Escrow Agent shall have no obligation or responsibility for such adjustment. Compliance with Escrow Agreement: The undersigned acknowledge that they have and shall have a continuing obligation to cooperate with Escrow Agent in good faith to enable Escrow Agent to fulfill its responsibilities under this agreement. Such obligations shall survive the closing of the transaction described herein and shall include, without limitation, the obligation to; a) disclose to Escrow Agent any liens, , encumbrances or any other rights, claims or matters known to the parties which affect or relate to the property and transaction referred to in this agreement; b) return to Escrow Agent for proper disposition any funds, documents or other property which are, for any reason, improperly or mistakenly released to any persons; c) pay any charges, advances or expenses that are properly chargeable to the parties; and d)to proceed pursuant to the provisions of ORS 86.720 to take those steps necessary to secure an appropriate deed of reconveyance of any E,z trust deed which has been paid and fully satisfied. Practice of Law Advice: The undersigned acknowledge that Escrow Agent is not licensed to practice law and x_ / 9 9 9 p I°y that Escrow Agent's duties and obligations under this agreement are limited to those of an escrow holder. The undersigned have not been referred to any named attorney(s) or discouraged from seeking the advice of an4r attorney but have been requested to seek legal counsel of their own choosing, at their own expense, if they have 4Y. any doubts or questions concerning any aspect of this transaction. ' r Other Obligations: The undersigned acknowledge that, to the extent other obligations exist between them as a result of this transaction that are not specifically set forth herein, they are individually responsible for the execution thereof and Escrow Agent is not obligated for matters except as specifically set forth in this agreement. k} Review: The undersigned acknowledge that they have been afforded adequate time and opportunity to read 3' tC--' and understand the escrow instructions and all other documents referred to herein. SPECIAL INSTRUCTIONS PLEASE READ THE PRELIMINARY TITLE REPORT AND YOUR SETTLEMENT STATEMENT CAREFULLY BEFORE SIGNING THIS DOCUMENT. BE SURE THAT ALL FACTS KNOWN TO YOU ARE ACCOUNTED ' FOR IN THIS ESCROW. THE ESCROW AGENT HEREIN IS A NEUTRAL THIRD PARTY AND CANNOT ADVISE YOU OR PROTECT YOUR LEGAL RIGHTS, YOU SHOULD CONSULT LEGAL COUNSEL FOR SUCH ADVICE AND PROTECTION. The undersigned has read the Preliminary Title Report and Estimated Settlement Statement attached to the original Escrow Instructions, as well as the Escrow Instructions in this escrow, and any Amendments thereto. G' The undersigned represents to Escrow Agent and its underwriter that there are no existing liens, assessments, taxes, deferred taxes, unpaid water or sewer bills, or any other obligations which are the responsibility of the undersigned and which are not shown on the above documents.The undersigned understands and agrees that any obligation known to it and not disclosed herein, remains the responsibility of the undersigned subsequent to the closing of this escrow. The undersigned further understands and agrees that any payoffs made on its behalf r in this escrow are made by Escrow Agent and its underwriter with complete reliance on figures supplied by the lender, creditor or taxing agency. Such figures may not be accurate. In the event that additional funds are required to complete said payoffs, the undersigned hereby agrees that it will immediately, upon request by and its underwriter, provide the additional funds needed to complete said payoffs. Page 5 of 6 DocuSign Envelope ID:0193FCEA-DA7D-487D-9BF7-34F2284B1A29 First American Title Insurance Company File No.: 7000-3215130 (clb) Date: April 01, 2019 THE PARTIES ACKNOWLEDGE THAT BY THE APPROVAL OF THE ESTIMATED SETTLEMENT I` STATEMENT REFERRED TO IN THESE INSTRUCTIONS, THEY HAVE AGREED AS TO THE ALLOCATION OF COSTS ASSOCIATED WITH THE TITLE PREMIUMS REQUIRED, IF ANY, FOR THE PROTECTION i= REQUIRED FOR THE PURCHASER IN COMPLIANCE WITH HOMEBUYER PROTECTION ACT, Notwithstanding reference, if any, in the purchase and sale agreement regarding transfer of water rights, the parties acknowledge that Escrow Agent will not be responsible for any such transfer and that the parties are solely responsible for such transfer outside this escrow. 3 YOU ARE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS, LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR k- CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW G tw. AGENT. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE ' THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS A CAREFULLY AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. Dated: SELLER(S): ( Jimmy D. McGinnis Lidia R. McGinnis i Seller's Forwarding Address: , Home Phone: 4} 3, BUYER(S): r DoeuSigned by: rS RR� Ben] 921!?614?0DD405.. Buyer's Forwarding Address: 8355 SW Pfaffle Street,Tigard,OR 97223 Home Phone: I#` Acce ed this��day of c'`� �� 2O�f j r Fir Ameridan Title Insu nce Company .I' r { By. ` Page 6 of 6 AD +�ICA- - U 19� l ADv w S CUAQ �► , � (� ,-� � �� Clean Water Services File Number \� �19-001046 Clea nWater Services Sensitive Area Pre-Screening Site Assessment 1. Jurisdiction: Tigard 2. Property Information (example 1 S234A801400) 3. Owner Information Tax lot ID(s): 1S136CB02900 Name: Benjamin Bradea Company. Address: 8355 SW Pfaffle St 99 Site Address: City, State,Zip: Tigard,OR,97223 City, State,Zip: Phone/Fax: 9715065592 Nearest Cross Street: E-Mail: benjamin.bradea@gmail.com 4. Development Activity (check all that apply) 5. Applicant Information 0 Addition to Single Family Residence(rooms,deck,garage) Name: Benjamin Bradea ❑ Lot Line Adjustment ❑ Minor Land Partition Company: ❑ Residential Condominium ❑ Commercial CondominiumAddress: 8355 SW Pfaffle St ❑ Residential Subdivision ❑ Commercial Subdivision City, State,Zip: Tigard,OR,97223 L3Single Lot Commercial ❑ Multi Lot Commercial Other Phone/Fax: 9715065592 E-Mail: benjamin.bradea@gmail.com 6. Will the project involve any off-site work? ❑Yes 0 No ❑Unknown Location and description of off-site work 7. Additional comments or information that may be needed to understand your project Adding ADU to SFH This application does NOT replace Grading and Erosion Control Permits,Connection Permits, Building Permits,Site Development Permits, DEQ 1200-C Permit or other permits as issued by the Department of Environmental Quality,Department of State Lands and/or Department of the Army COE. All required permits and approvals must be obtained and completed under applicable local,state,and federal law. By signing this form,the Owner or Owner's authorized agent or representative,acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am familiar with the information contained in this document,and to the best of my knowledge and belief,this information is true,complete,and accurate. PrintlType Name Benjamin Bradea Print/Type Title N/A Signature Date 4/1/2019 FOR DISTRICT USE ONLY ❑ Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required. Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200'of the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 17-05, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,State,and federal law. ❑ Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially sensitive area(s)found near the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 17-05,Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,state and federal law. ❑ This Service Provider Letter is not valid unless CWS approved site plan(s)are attached. ❑ The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Reviewed by ��p_�� Date 04/05/19 Once complete, email to: SPLReview@cleanwaterservices.org • Fax: (503)681-4439 OR mail to: SPL Review, Clean Water Services, 2550 SW Hillsboro Highway, Hillsboro, Oregon 97123 Revised 612017 Lina Smith From: Lina Smith Sent: Tuesday, April 30, 2019 1:45 PM To: Ben Brady Subject: RE: ADU diagram question Attachments: ADU2019-00002.pdf;Approved site plan.pdf Thanks Ben. Here's your approval for the ADUs. You'll need to apply for a PFI permit for the new driveway approach off Pfaffle Street before you can submit for building permits: htws://www.tigard- or.gov/document center/PublicWorks/Engineering/tifi a application.pdf. If you have any questions about the driveway approach, please contact Brady in Engineering at (503) 718-2611. Also, please let me know if you need me to mail you hard copies of the attached documents. Thanks, Lina Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS e,tiggrd-or.gov From: Ben Brady<benjamin.bradea@gmail.com> Sent:Tuesday, April 30, 2019 12:28 PM To: Lina Smith <LinaCS@tigard-or.gov> Subject: Re: ADU diagram question Ya, looks good. Thank you -Ben On Tue,Apr 30, 2019, 12:14 Lina Smith<LinaCS@tigard-or.gov>wrote: Please see attached —if you confirm everything looks good, I'll issue the decision. Lina i Lina Smith i i Assistant Planner I City of Tigard I Community Development i 13125 SW Hall Blvd.Tigard,OR 97223 i E-mail:LinaCS&tiggrd-ongov From: Ben Brady<beniamin.bradea@gmail.com> Sent:Tuesday,April 30, 2019 11:57 AM To: Lina Smith<LinaCS@tigard-or.gov> Subject: Re:ADU diagram question Hi Lina, Just left you a voicemail. Let's go ahead and redline that adu#2 will face to the north.You can give me a call if we still need to discuss.9715065592. Thanks Ben On Mon,Apr 29, 2019, 18:19 Lina Smith<LinaCS@tigard-or.eov>wrote: Hi Ben, My supervisor just finished reviewing your submittal. The site plan you submitted with your application shows that both ADUs will have their entrances facing 83rd Ave. We cannot approve this, so you'll need to change your proposal so only 1 ADU entrance faces SW 83rd Ave. If you move the entrance to the north ADU to the north facade, your proposal would be approvable. Please let me know if you'd like to make this change, and I can just redline it on your site plan. Thanks, Lina Lina Smith 2 Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS®tied-or.gov From: Ben Brady<beniamin.bradea@gmail.com> Sent: Monday, April 29, 2019 3:57 PM To: Lina Smith<LinaCS@tigard-or.gov> Subject: Re:ADU diagram question Yes that is correct. Thanks Ben On Mon, Apr 29, 2019, 15:51 Lina Smith <LinaCS@tigard-or.gov>wrote: Hi Ben, � i Just want to confirm—are you proposing to demolish the existing garage so you can accommodate the 2 i new ADUs? Lina Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS e ti�gov 3