Report 4457202o-oao33
/'P3 J'u/ (Sf Sr
•
Washington County,Oregon 2020-004590
• 01/16/2020 01:20:46 PM
D-IRUL Cnt=i Stn=31 RECORDS].
$35.00$5.00$11.00$60.00.Total=$111.00
RETURN TO: 11111E1111
City of Tigard 111111111111111111111 III
Community Development
13125 SW Hall Blvd. 02557958202000045900070072
I,Richard Hobamlcht,Director of Asseaement and
Tigard,OR 97223 Taxation and Ex-0lnbloCounty Clerk tor Washington •Cou !Q
Instrument writing wa do s ssariveu al that
ldthe
n riled In the
book of records of said coup., ()
Richard Hobamlcht,[areolor of Assessment and A-h a.-
Taxation,Ex-Ofncio 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
THIS COMPLIANCE AGREEMENT, DECLARATION OF RESTRICTIVE COVENANTS AND
EQUITABLE SERVITUDE(the"Agreement")is made and entered into this 4 day of l ,
20 2.4 by and between f rrung Tuyen Nguyen Vol (the"Grantor") and the City of Tigard(the"City").
• PURPOSE
The City desires to exempt the construction of an access2ry dwell' unit ("ADU") located at [10183 sw
Jefferson st)]Tigard,Oregon,and approved through case File No.ADoG2145e"Project"),from paymentof 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 alto 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.setvitude 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 I of 7
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 title 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 dcclate 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"
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;
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 2 of 7
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b. 'fake 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 remainingportions 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
interpretation of this Agreement or any amendment,modification,supplement,or restatement of the foregoing or of
any exhibit to this Agreement.
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 3 of 7
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.
GRANTORS:
FULL NAME
By: Trung Tuven Nguyen Vo
STATE OF OREGON )
) as:
County of Washington )
The foregoing instruipent was acknowledged before me this /9 day of ! 20Zo , by
-riti9 /pt. a;ae' v:; •
Notary Public f, the State of Oregon
? OFFICIAL STAMP ® �112023
r 'T EDGARDO MALDONADO My commission expires: I
J I� NOTARY PUBLIC OREGON
� COMMISSION NO.991417
MY COMMISSION EXPIRES OCTOBER 01,2023
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 4 of 7
CITY:
CITY OF TIG' "CO, egon municipal corporation
By A <
Ke ny Asher,Community Development Director
STATE OF OREGON )
/1 � ) ss:
County of �+�! �l )
The foregoing instrumen was acknowledged before me this day of '607.0 , by
Notary Public ' r the State of
OFFICIAL STAMP My commission expires: ra D1 2 23
EDGARDO MALDONADO
+ NOTARY PUBLIC OREGON
'!lyy� COMMISSION NO.;91417
MY COMMISSION EXPIRES OCTOBER 01.2023
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 5of7
EXHIBIT A
LEGAL DESCRIPTION OF THE PROJECT
Real property In the Situated In the Northeast Quarter of Seddon 35,Township 1 South,Range 1 West of
the Willamette Meridian,In the City of Tigard,County of Washington and State of Oregon,and being a
portion of Block 3,recorded plat of TOWN OF METZGER,and being described as folows:Beginning at a
point In the West right of way line of SW Jefferson Street,said point being South 0'30'00'East,150.00
feet from the Northeast corner of said Block 3:thence South 0'30'00 East on said West right of way line,
50.00 feet;thence South 89'30'00 West 115.00 feet;thence South 0'30'00 East 29.88 feet:thence South
89'30'00 West 110.00 feet to a point on the center line of vacated SW Madison Street;thence North
0'30'00 WEst on said center line.94.00 feet;thence North 89'30'00 East 95.00 feet;thence South 0'30
East 15.00 feet;thence North 89'30'00 East 130.00 to the point of beginning County of,State of Oregon,
described as follows:
Tax Parcel Number:
SUE EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 6 of 7
RE V
EXHIBIT B
SCHEDULE OF SDCs EXEMPTED
System Exemption Amount
City Transportation $ ' 3 tC\ Qc
Parks $ 7't� (p tj-1g
Water NOT ET IGIBLE
Sanitary Sewer NOT ELIGIBLE
Stormwater NOT ELIGIBLE
County Transportation Development Tax NOT RI IGIBLE
Total Exemption $ rf I ( D) 5 g i
This SDC exemption is granted to the units located at the property address(es)listed below:
FULL ADDRESS 10 t 8 3 SW cac-r2-(S e'YI �f
1red_otrd ot- 97 23
n 4k-y1 rvy
s
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 7 of 7
g ir2oO4 i 3eo' V:: $M" 2004-110504
' r
15 •, Ill $11.00.7ohr■t 1161•4jy o
yt r"s �". -- THIS SPACE RE r•+ ����I�I:� iIJI1LIIJIullhiJi1llhIiIII1
tw a.n a.
3 ,
own« m
♦ w�.n�p,u.rm. ,,;%-':
N..b•ews, r o.,a,i"►'ti"«,aw [o. .fiJoir.
weeds et u/41 Moly 1;
7R Hansen,arr.d, M«MN.M
Mated.Cluny PM "-'
After recording return to: „ .- -
Trung
Duyen
VO RECEIVED
100181 SE Jefferson Street
Tigard,OR 97223
AUG 2 2 2019
Until a change Is requested au tax statements CITY OF TIGARD
shall be sent to the Ong address: PLANNING/ENGINEERING
Trung Duyen Vo
10181 SE Jefferson Street
Tigard,OR 97223
File No.:7014-455560 aim)
Date: September 20,2004
STATUTORY BARGAIN AND SALE DEED
Vien T Vo and Cam Van Nguyen,husband and wife,Grantor,conveys to Trungtuyen VD,Grantee,
1 1 the following described real property:
� See Attached Exhibit"A"
THIS INSTRUMENT WILL 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 APPROVED USES AND TO
O DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN
Z ORS 30.930.
The true consideration for this conveyance Is$0.00. (Here comply wethyreau ements of oils 93.Wg)
'CC Dated this 20 day of �J• s.0 , 20 o
LL
Vien T Vo Cam Van Nguyen
Page 1 of 2
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APN: Bargain and Sale Deed Fee No.;7014-455560(jim)
-mnlnued Date:09/20/2004
STATE OF Oregon
)ss.
County of Multnomah
This Instrument was acknowledged before me on this day of 5,1,7 r A.— 20 01
by Vlen T Vo and Cam Van Nguyen as of,on behalf of the.
OFFICIAL SEAL Notary Public for O
• �av E MILLER
Nar eoaN commission mmission - • _. 1. 29/08
a3e9905
MY COMMISSIONCOMMISSIONN DP$ES MXL 29,20E0
Page I of 2
11111111111113111111
f
Exhibit NA"
Real property In the Situated In the Northeast Quarter of Section 35,Township 1 South,Range 1 West of
the Willamette Meridian, in the City of Tigard,County of Washington and State of Oregon,and being a
portion of Block 3,recorded plat of TOWN OF METZGER,and being described as follows:Beginning at a
point ki the West right of way One of SW Jefferson Street,said point being South 0'30'00'East, 150.00
feet from the Northeast corner of said Block 3:thence South O'30'00 East on said West right of way line,
50.00 feet;thence South 89'30'00 West 115.00 feet;thence South 0'30'00 East 29.:.: feet:thence South
89'30'00 West 110.00 feet to a point on the center line of vacated SW Madison Street;thence North
0'30'00 WEst on said center line.94.00 feet;thence North 89'30'00 East 95.00 feet;thence South 0'30
East 15.00 feet;thence North 89'30'00 East 130.00 to the point of beginning County of,State of Oregon,
described as follows:
Tax Parcel Number;
IIJI llII 1IIII11IIIlulll