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Permit Support Document
a ►L.vl_r V I._t-. �/= Jd2O02O 'Q C OO / JAN 2 2 2020 City o f Tigard CITY OF TIGARD s 1111 I IN,INCE DEPARTMENTPLANNING/ENGINEERING TIGARD Systems Development Charge (SDC) Exemption Application REQUEST FOR ACCESSORY DWELLING UNIT SDC EXEMPTION (Allowed under TMC 3.24.100.E) Note:Refer to TMC 3.24.180 and the Systems Development Charge(SDC)Exemptions for Accessory Dwelling Units Guideline for eligibility requirements before completing application. City Transportation and Park SDCs exemption only. REQUIRED SUBMITTAL PROPERTY INFORMATION ELEMENTS Name of property owner: Steven Arms Recorded Deed Restriction: I c;--S.Q,F X.Legal Description of Property Location (address if available): - 30 SW Brookside Ave Estimate of Exempt SDCs Tigard, OR 97223Proof of Ownership/ Tax map and tax lot numbers: 2S102BC00111 Authorized Representative . Type of Unit Total Units Square footage of each unit Attached ADU Detached.‘DU 1 300 sq ft APPLICANT INFORMATION Name,as appears on title of property: Steven Timothy Arms and Emily Clare Arms Mailing address: 12530 SW Brookside Ave City/State: Tigard, OR Zip: 97223 Phone: 971-940-6415 Email: armssteven@gmail.com Applicant's representative: Permit-It, LLC / Kirsten Lyons Phone: 360-326-8870 ext 204 Email: kirsten@permit-it.com THE PROPERTY OWNER ACKNOWLEDGES AND AGREES TO THE FOLLOWING: 1. 1 understand that acceptance of this application and documents by the City does not constitute an approval of an exemption. Exemptions arc not granted until after all documentation is received and city staff have reviewed and approved my request. 2. 1 understand that if at any time during a period of 10 years from the time my final inspection is approved the accessory dwelling unit for which an exemption is granted is rented or listed as a short-term rental (AirBnb, VRBO, etc.), the owner of the property at that time will be required to pay to the city the amount of the exempted system development charges, plus interest. I also understand that an advertisement of the accessory dwelling unit as a short-term rental is sufficient evidence for the city to assess the amount of the exempted SDCs. City of-Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or gor • 5U3-718-2421 • Page 1 of 2 1 understand that this restriction will hind the property even through transfers of ownership. 3. I understand that the City may verify any of the information contained in this application at any time. 4. I understand that the City, its agents, successors and assigns will rely on the information contained in this application and the information represented herein; if any information should change prior to obtaining a certificate of occupancy,I will notify the City. I certify that to the best of my knowledge,all the information provided in this application is true and accurate as of the date provided opposite my signatures below. Steven Arms f Z./ 6// Property owner signature Print Name Date 1 Emily Arms fa f/�f fy PropeAti(ArYt-t- 'net signature Print Name Date APPLICANTS It is the responsibility of the applicant to ensure that the application for the SDC exemption is submitted and approved before the payment of all SDCs are due to the City. SDCs are calculated and due and payable pursuant to Tigard Municipal Code 3.24.080. In accordance with TMC 3.24.080.B, the City may nor issue a building permit or allow connection to the City's systems until either all SDCs have been paid in full or an exemption has been granted. It is the applicant's sole responsibility to ensure an exemption application is submitted to the City in a timely manner in order to meet the timelines in TMC 3.24.080. SUBMIT COMPLETED APPLICATION TO: SDC Administrator, Finance and Information Services,City of Tigard, 13125 SW Hall Blvd.,Tigard, OR 97223. If dropping the application off in person,drop off at the Utility Billing(UB) front counter located within Tigard City Hall. Questions can he directed to the SDC Administrator at SDC@tgard-or.gov or 51i3-718-2460. STAFF USE ONLY ApprovedM& Date: 3b - Received by: St_ Date: - b y: Amount of SDCs Exempt Park: it' ) l� T Ofir Transtortation: 19 0 C) � I sDC s - g a� � City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-ur.go\ • 5(13-718-2421 • Page 1 of 2 Washington County,Oregon 2020-008416 01/30/2020 01:28:13 PM O•IRUI Cnt=1 Stn=31 RECOWS1 $30.00$5.00$11.00$60.00•Total=$106.00 RETURN TO: City of Tigard I 1111 l lllilllllllll III I IIICommunity Development02562086202000084160060064 13125 SW Hall Blvd. I,Margaret Garza,Interim Director of A ment and aoay�t Tigard,OR 97223 Taxation and Ex-Offcio County Clark for Washington w ►,, County,Oregon,do hereby certify that the within kf j' ;1 Instrument of writing was received and recorded In the 1,1 book of records of said county. Margaret oerxa,Interim Director of A merit and 4ur,:7;u Taxation,Ex-Orticio County Clark SPACE ABOVE FOR RECORDER'S USE CITY OF TIGARD COMPLIANCE AGREEMENT,DECLARATION OF RESTRICTIVE COVENANTS AND EQUITABLE SERVITUDE SDC EXEMPTION FOR ACCESSORY DWELLING UNIT TIIIS COMPLIANCE AGREEMENT, DECLARATION OF RESTRICTIVE COVENANTS AND E UITABLE SERVITUDE (the "Agreement") is made and entered into this 3 day of Z—�r1V�`Aft'k 20 , by and between Steven Timothy Arms and Emily Clare Arms (the "Grantor") and the City of Tigard (the "City"). PURPOSE The City desires to exempt the construction of an accessory dwelling unit ("ADU") located at 12528 SW Brookside Ave,Tigard,Oregon,and approved through case File No.ADU2019-00016(the"Project"),from payment of City of Tigard parks and transportation system development charges("SDCs")pursuant to Tigard Municipal Code. The legal property description of said Project is set forth in Exhibit A,which also is attached hereto and incorporated herein by reference. The SDCs exempted for eligible Project units are shown on Exhibit B. Grantor desires to receive the exemption, to satisfy the conditions thereof, and to execute and record this Agreement for the purpose,in part,of creating restrictive covenants and an equitable servitude that shall run with the Project land and bind any and all subsequent owners of the Project for the term of this Agreement. AGREEMENT SECTION 1. REPRESENTATIONS,COVENANTS AND WARRANTIES OF THE GRANTOR CONCERNING USE OF THE ACCESSORY DWELLING UNIT. Grantor hereby represents, covenants, warrants, and agrees that Grantor will not use the ADU on the Property as a short-term rental, as defined in Tigard Municipal Code 3.24 (as amended July 9,2019), for a period of 10 years (the "Exemption Period") from the date of final approval of final inspection of the building permit ("Exemption Date"). For the purposes of this Agreement, posting a listing of the ADU on the Property on a short-term rental website is prima facie evidence that the property owner has violated this requirement. SECTION 2. COVENANTS TO RUN WITH THE LAND; EQUITABLE SERVITUDE. The Grantor represents,covenants,warrants and agrees that; a. The City is granting the exemption to the Grantor as an inducement to the Grantor to construct and operate the Project in accordance with the terms of this Agreement. In consideration of the receipt of the exemption, the Grantor has entered into this Agreement with the City and has agreed to restrict the use of the Project during the Exemption Period as set forth in this Agreement. SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 1 of 6 b. The representations,covenants,and restrictions granted by Grantor therein with respect to the Project shall be deemed restrictive covenants running with the Project land and also shall be deemed an equitable servitude running with the Project land in favor of and enforceable by City.These restrictive covenants and equitable servitude shall pass to and be binding upon the Grantor's successors in tide including any purchaser,grantee, or lessee of any portion of the Project, shall pass to and be binding upon the respective heirs, executors, administrators, devisees, successors, and assigns of the Grantor or any purchaser, grantee, or lessee of any portion of the Project and shall pass to and be binding upon any other person or entity having any right,title, or interest in the Project, Each and every contract,deed,or other instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein shall contain an express provision making such conveyance subject to the covenants,restrictions,and charges contained herein;provided,however,that any such contract, deed, or instrument shall conclusively be held to have been executed, delivered, and accepted subject to such covenants, restrictions and charges regardless of whether or not such covenants, restrictions and charges are set forth or incorporated by reference in such contract,deed,or instrument. SECTION 3. BURDEN AND BENEFIT. The parties hereby declare their understanding and intent that the burdens of the covenants,restrictions,and charges set forth herein touch and concern the Project land and that the Grantor's legal interest in the Project may be rendered less valuable thereby. The parties further declare their understanding and intent that the benefits of such covenants,restrictions,and charges touch and concern the Project land by enhancing and increasing the enjoyment and use of the owners and tenants of the development,the intended beneficiaries of such covenants, restrictions, and charges and by furthering the public purposes for which the exemption is granted. SECTION 4. COMPLIANCE. The Parties hereby agree that Grantor, if requested by the City, will provide certification,in a format approved by the City in its sole discretion,that the Grantor is fulfilling its obligations under this Agreement. SECTION 5. TERM OF AGREEMENT. The parties agree that this Agreement and the restrictive covenants and equitable servitude created hereunder become effective upon execution of this Agreement and will remain in full force and effect for a 10-year Exemption Period. Notwithstanding any other provision of this Agreement,this Agreement will terminate and be of no further force and effect in the event of a completed foreclosure by the primary financing lender or by a lender to whom the City has subordinated this Agreement,or their successors or assigns,or in the event of a delivery by the Grantor of a deed for the Project to the primary financing lender in lieu of foreclosure,or to a lender to whom the City has subordinated this Agreement,or their successors or assigns. SECTION 6. TERMINATION. The City may terminate this Agreement,without further liability,upon 30 days'notice and opportunity to cure. Notwithstanding termination,City may pursue any remedy provided for in Section 7. If the Grantor fails to perform or breaches any of the terms of this Agreement;or immediately and without notice and opportunity to cure if the City loses the authority to grant the exemption,as determined by its counsel or otherwise as lacking the authority to administer the exemption, or fails to receive or loses necessary funding, appropriations, limitations, or other expenditure or position authority sufficient to carry out the terms of this Agreement. SECTION 7. REMEDIES. If the Grantor defaults in the performance or observance of any covenant, agreement,or obligation set forth in this Agreement and if such default remains uncured for a period of 30 days after the notice thereof shall have been given by the City to the Grantor,then the City,at its option,may take any one or more of the following steps: a. Terminate the exemption of the Project or a portion thereof,in which case the SDC's exempted herein shall be immediately due and payable to City in the amounts shown on Exhibit B,along with interest accruing from the Exemption Date at the rate shown on the City's Master Fees and Charges Schedule for"SDC Financing" SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 2 of 6 calculated semi-annually.City may,in addition to an action to collect SDC's due,withhold issuance of building or development permits until paid in full; b. Take such other action under this Agreement,at law,or in equity as may appear necessary or desirable to the City to enforce the covenants, agreements,warranties,and obligations of the Grantor hereunder. No waiver or delay in enforcing the provisions hereof as to any breach or violation shall impair,damage, or waive the right of any person entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. SECTION 8. RECORDING AND FILING. The Grantor shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the real property records of Washington County and in such other places as the City may reasonably request. The Grantor shall pay all fees and charges incurred in connection with any recording. The Grantor shall provide either the original recorded document or a certified copy of the recorded document within ten days of the date of this Agreement. SECTION 9. GOVERNING LAW; VENUE. This Agreement shall be governed by the laws of the State of Oregon. The courts of the State of Oregon,or to the degree necessary,the U.S.District Court for the District of Oregon,shall have exclusive jurisdiction over any action brought by or against the City under this Agreement. The Grantor hereby consents to such exclusive jurisdiction and waives any and all objections it might have thereto. SECTION 10. AUTHORITY. Grantor hereby represents,warrants,and certifies that: a. It possesses legal authority to apply for and accept the terms and conditions of the exemption and to carry out the proposed Project; b. Its governing body,if any,has duly authorized the filing of the application,including all understandings and assurances contained therein; c. The person identified as the official representative of the Grantor in the application is duly authorized to act in connection therewith and to provide such additional information as may be required. The Grantor's official representative has sufficient authority to make all certifications on its behalf; d. This Agreement does not and will not violate any provision of any applicable law, rule,regulation, or order of any court, regulatory commission, board, or administrative agency applicable to the Grantor or any provision of the Grantor's organic laws or documents; e. This Agreement has been duly executed by an official representative of Grantor, delivered by Grantor,and will constitute the legal,valid, and binding obligations of the Grantor, enforceable in accordance with their terms. SECTION 11. AMENDMENTS. This Agreement may be amended only by a written instrument executed by the parties hereto or by their successors and duly recorded in the real property records of Washington County. SECTION 12. SEVERABILITY. If any provision of this Agreement shall be invalid, illegal, or unenforceable,the validity,legality,and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. SECTION 13. CONSTRUCTION. The parties to this Agreement acknowledge that each party and its counsel have participated in the drafting and revision of this Agreement.Accordingly, the parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 3 of 6 interpretation of this Agreement or any amendment,modification,supplement,or restatement of the foregoing or of any exhibit to this Agreement. SECTION 14. NO LIMITATIONS ON ACTIONS OF CITY IN EXERCISE OF ITS GOVERNMENTAL POWERS. Nothing in this Agreement is intended, nor shall it be construed, to in any way limit the actions of the City in the exercise of its governmental powers.It is the express intention of the parties hereto that the City shall retain the full right and ability to exercise its governmental powers with respect to the Grantor,the Project,the land,and the transactions contemplated by this Agreement to the same extent as if it were not a party to this Agreement or the transactions contemplated thereby,and in no event shall the City have any liability in contract arising under this Agreement by virtue of any exercise of its governmental powers. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. GRANTOR(s): FULL NAME: Steven Timothy Arms and Emily Clare Arms B �,��LM C Alq) Y Signature Name: e e4 r ►S rI d Clare A--rns STATE OF DtcA/ County of WAcl-Wgmd j ss: The foregoing instrument was acknowledged before me this2day of , 2020 ,by Notary Public r the State off OFFICIAL STAMP te..4(7)) EDGARD°MALDONADO �CJ�GY,?QZ3 NOTARY PUBLIC OREGON My commission expires:COMMISSION NO.991417 MY COMMISSION EXPIRES OCTOBER 01,2023 CITY: CITY OF TIGARD,an Oregon municipal corporation *Mai►,, By: /(9:(1 Marty Wine,City Manager SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 4 of 6 EXHIBIT A LEGAL DESCRIPTION OF THE PROJECT Lot 10,Walnut Acres, In the City of Tigard,County of Washington and State of Oregon. Excepting therefrom the Southwesterly 5 feet thereof as determined by a line drawn parallel with and 5 feet Northeasterly of the Southwesterly line of said lot. SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 5 of 6 EXHIBIT B SCHEDULE OF SDCs EXEMPTED System Exemption Amount City Transportation $ 3,909.00 Parks $ 6,678.00 Water NOT ELIGIBLE Sanitary Sewer NOT ELIGIBLE Stormwater NOT ELIGIBIF County Transportation Development Tax NOT ELIGIBIF Total Exemption $ 10,587.00 This SDC exemption is granted to the units located at the property address(es) listed below: 12528 SW Brookside Ave.,Tigard,OR 97223. soil-ra I,Margaret Garza,Interim Director ofAssassment /P ' � oo� and Taxation and Ex-Officio County Clerk for •Wd" 'ea ";F� Washington County,Oregon,do herebycertify this lieiM .: . g S fY� c to be a true and correct copy of the original. 1.\'•'•`` .` Witness my hand this 30th of January,2020 a By: J.Choate-Deputy SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 6 of 6 Cc) Fidelity National Title PORTLAND Property Profile Report Ownership Information Owner Name: STEVEN TIMOTHY ARMS EMILY CLARE ARMS Mailing Address: 12530 SW BROOKSIDE AVE TIGARD,OR 97223-5133 Property Description County: Washington Map/Tax Lot: 2S102BC/00111 Account Num: R463368 Owner Occ.: Yes Land Use: -Single Family Residential Census: Subdivision: WALNUT ACRES Legal Description: CITY/MUNI/TWP.TIGARD SEC/TWN/RNG/MER:SEC 02 TWN 2S RNG 1W WALNUT ACRES,LOT PT 10,ACRES.21 Property Characteristics Property Type: SINGLE FAMILY Building SF: 960 Heat: YES House Style: Living Area SF: 960 Cooling: Yes Year Built: 1966 Square Feet: 960 Foundation: Footing Bedrooms: 3 1st Floor SF: 960 Exterior: WOOD Bathrooms: 1.00 2nd Floor SF: Roof Style: Lot Size: 9,148 3rd Floor SF: Roof Cover: COMPOSITION SHINGLE Acres: 0.21 Attic SF: Fireplaces: 1 Garage Type: GARAGE Bsmnt SF: Bsmnt Type: Garage SF: Fin Bsmt SF: Assessment Information Real Market Value: $309,450 Land Value: $214,880 Imp.Value: $94,570 Total Assessed Value: $149,700 Levy Code: 23.74 M-5 Rate: 17.2019 Taxes: $2,575.12 Tax Year: 2018 Previous Sale Information Sale Amount: $323,000 Sale Date: 01/08/2019 Document Num: 2019-001716 Transaction History HPI Document Reception Sale Date Sale Amount Sale Amount Type Num Book/Page 1/8/2019 $323,000 $328,000 Wd 2019-001716 4/26/2013 $192,000 $319,900 Wd 2013 038392 5/15/2009 $0 It 2009-045084 12/2/1998 $ 121,900 $309,500 Wd 98137179 All information provided by ValueCheck,Inc is deemed reliable,but not guaranteed. 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AS 701 • 7/1/19 TO 6/30/20 REAL PROPERTY TAX STATEMENT WASHINGTON COUNTY OREGON *155 N FIRST AVE., RM 130* HILLSBORO,OREGON 97124 PROPERTY DESCRIPTION MAP: 2S12BC-00111 ACCOUNT NO: R463368 SITUS: 12530 SW BROOKSIDE AVE, 2019-2020 CURRENT TAX BY DISTRICT: COLLEGE-PORTLAND COMMUNITY 43.05 ESD-NW REGIONAL 23.42 SCH-TIGARD/TUALATIN 757.29 SCH-TIGARD TUALATIN-LOL AFTER 154.19 LEGAL DESCRIPTION CODE AREA: 023.74 EDUCATION TAXES: $977.95 WALNUT ACRES, LOT PT 10, ACRES .21 WASHINGTON COUNTY 342.21 REG-METRO SERVICE DISTRICT 14.73 PORT-PORTLAND 10.67 FIRE-TV FIRE & RESCUE 232.13 CITY-TIGARD 382.47 VALUES: LAST YEAR THIS YEAR CLEAN WATER SERVICES 0.00 UR-TIGARD-DOT 26.03 MARKET VALUES: AQUATIC-TIGARD TUALATIN 13.68 LAND 214,880 211,190 REG-METRO-AFTER 1/1/2013 14.80 STRUCTURE 94,570 99,120 FIRE-TV FIRE & RESCUE-AFTER 1 69.39 TOTAL RMV VALUE: 309,450 310,310 WASHINGTON COUNTY LOL AFTER 1 98.68 TAXABLE VALUES: SWC-TUALATIN 12.58 ASSESSED VALUE 149,700 154,190 GENERAL GOVERNMENT TAXES: $1,217.37 BOND-SCH-TIGARD TUALATIN-AFTE 276.35 BOND-TV FIRE & RESCUE AFTER 15.00 BOND-WASHINGTON COUNTY AFTER 10.65 PROPERTY TAXES: $2,575.12 $2,684.03 BOND-CITY OF TIGARD-AFTER 52.19 BOND-METRO SERVICE-AFTER 72.50 Deadline to Appeal Value: December 31,2019 BOND-PCC-AFTER 62.02 Property Value Questions: 503-846-8826 BOND AND MISC TAX: $qgg 71 Tax Payment Questions: 503-846-8801 Business Personal Property Values: 503-846-8838 General Information: 503-846-8741 2019-20 TAX (Before Discount) $2,684.03 For more Information visit: www.co.washington.or.us/tax PROPERTY TAX PAYMENT OPTIONS (See back of Statement for payment instructions.) Pay 12YS Discount Net Amount Due DELINQUENT TAXES: NO DELINQUENT TAXES DUE In Full 11/15/19 $80.52 $2,603.51 (See back for explanation of taxes marked with an asterisk(*). 213 11/15/19 $35.79 $1,753.57 Delinquent Tax Total is included in payment options to the left.) 113 11/15/19 $0.00 $894.68 TOTAL (After Discount): 52,603.51 Online-www.co.washington.or.us/AssessmentTaxation/TaxPayment Pay By Phone:1(888)510-9274 Convenience fee applies-see insert for additional information Reminders Please include payment stub with payment to avoid delays in processing. To ensure discount and to avoid interest charges,payment MUST BE postmarked by November 15`". All Payments Processed Upon Receipt V Tear Here V Tear Here RETURN THIS PORTION WITH PAYMENT - SEE BACK OF STATEMENT FOR INSTRUCTIONS 2019-2020 Property Tax Payment Stub WASHINGTON COUNTY,OREGON (ACCOUNT NO: R463368 SITUS: 12530 SW BROOKSIDE AVE, n Mailing address change on back of stub. UNPAID DELINQUENT TAX IS INCLUDED IN PAYMENT OPTIONS FULL PAYMENT(Includes 3%Discount) DUE: 11-15-19 $2,603.51 2/3 PAYMENT(Includes 2%.Discount) DUE: 11-15-19 $1,753.57 113 PAYMENT(No Discount Offered) DUE: 11-15-19 $894.68 DISCOUNT IS LOST&INTEREST APPLIES AFTER DUE DATE Make Payable to: WASHINGTON COUNTY ENTER AMOUNT PAID Property Tax Payment Center P.O.Box 3587 Due Date:11/15/2019 Portland,OR 97208-3587 34000014633680000260351000017535700000894687 Washington County,Oregon 2019-001716 o-Dw 01/11/2019 11:17:21 AM File No.: 18-237996 Stn=6 M FERNANDES cm $15.00$11.00$5.00$60.00$323.00 $414.00 Grantor I,Richard Hobernicht,Director of Assessment and Taxation and Ex• Elizabeth Peterson Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and 12530 SW Brookside Avenue recorded in the book of records of said county. Tigard OR 97223 Grantee Richard Hobernicht,Director of Assessment and Taxation,Ex-Officio Steven Timothy Arms and Emily Clare Arms 3280 SW 170th Avenue,Apt.#2815 Beaverton,OR 97003 After recording return to Steven Timothy Arms and Emily Clare Arms 12530 SW Brookside Avenue Tisaiard,OR 97223 Until requested,all tax statements shall be sent to Steven Timothy Arms and Emily Clare Arms 12530 SW Brookside Avenue Tigard,OR 97223 Tax Acct No s: 2S102BC-00111 R463368 Reserved for Recorder's Use STATUTORY WARRANTY DEED Elizabeth K. Peterson, who aquired title as Elizabeth Eggers, Grantor(s) convey and warrant to Steven Timothy Arms and Emily Clare Arms, as tenants by the entirety, Grantee(s), the real property described in �, the attached Exhibit A, free of encumbrances EXCEPT covenants, conditions, restrictions, easements, r, and encumbrances of record as of the date hereof, The true consideration for this conveyance is $323,000.00, (Here comply with requirements of ORS 93.030) tt� BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD V"" 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, CHAPTER 855, OREGON LAWS 2009 AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. Page 1of3 Executed this IS day of January, 2019 El" b th Peterson STATE OF OREGON COUNTY OF 24 7( i?G �n r This Ins Anent was acknowlidded ore me this Aay of January, 2019 by Elizabeth Peterson, Notary Pu is for Oregon My Cue"' Sion Expires: / '31 2,6 OFFICIAL STAMP , s JESSICA A.BARNETT NOTARY PUBuC-OREGON COMMISSION NO.9,46973 MY COMMISSION EXPIRES JANUARY 31,2020 Page 2 of 3 EXHIBIT"A" LEGAL DESCRIPTION Lot 10,Walnut Acres, in the City of Tigard,County of Washington and State of Oregon. Excepting therefrom the Southwesterly 5 feet thereof as determined by a line drawn parallel with and 5 feet Northeasterly of the Southwesterly line of said lot. Page 3 of 3