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ADU2022-00015 City ofFigard ill FINANCE DEPARTMENT 1OM TIGARD Systems Development Charge (SDC) Exemption Application REQUEST FOR ACCESSORY DWELLING UNIT (ADU) SDC EXEMPTION (Allowed under TMC 3.24.100.F) Note:Refer to TMC3.24.180 and the SystemsDevelopmentCharge(SDC)Exemptions forAccessoryDwelling Units Guideline for eligibility requirements before completing application.City Transportation and Park SDCs exemption only. PROPERTY INFORMATION REQUIRED DOCUMENTS i 0 Recorded Deed with the legal Name of property owner(s): .,G' n C1'L. # l 20ArL 4n-IQ(1, description of the Property ‘ CkiN4. . At L IC1'bt`,J i . 'RUA+ 0 Proof of Ownership/ ��� Authorized Representative Address of ADU : 124q% �JIJ ANN I.--t%Gra ,D1-en-2.2-2 Tax map and tax lot numbers: 25 101 %E) ,TI- 1 ZOCC> Land Use Approval Case Number: ADU 2022. - 00015 Type of Unit Total Units Square footage of each unit Attached ADU 0 Detached ADU 1 L1c6() Sf APPLICANT INFORMATION Name(s),as appears on title of property: .iCL)±\ 1!1( 4-i 20114.,�11..tC l .p,i1,,.34.4, - i % I Mailing address: 12100 5i„, ) ANN RAC.(.. City/State: -74 (�. Zip: _Ql 2,2,"3 Phone: 503 • 4}'i O' O(75 Email: fi1L C iaci •CA11 t. Applicant's representative (if not property owner): ()IC � 9 Phone: Email: THE PROPERTY OWNER ACKNOWLEDGES AND AGREES TO THE FOLLOWING: 1. I understand that acceptance of this application and required documents by the City does not constitute an approval of an exemption. Exemptions are not granted until after all required documentation is received, the property owner(s) sign, notarize and record with.Washington County the restrictive covenants agreement. 2. 1 understand that if at any time during a period of 10 years from the time my final inspection is approved the Page I 1 Rev. 10/21 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. I understand that this restriction will bind 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. Rr ./Zz perry owner nature Print Name Date Property owner 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 not 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. Questions and electronic submittal of this application and required documentation can be sent to SDCCci`tigard- or.hov Hardcopy applications and required documentation can be mailed to: City of Tigard—SDC Administrator, 13125 SW Hall Blvd.,Tigard, OR 97223. STAFF 11.4 ONLY Date Received: Approved by: Date: Amount of SDCs Exempt Park Transportation • Page 12 Rev.2/22 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. I understand that this restriction will bind 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. 0"1— Do1/4". D \-\ --1 - Property owner signature Print Name Date >CV 1)0 4 b ci4\fu-4,1 -Barb& - / z-—Z Z_ Property owner 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 not issue a building permit or allow connection to the CitS'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. Questions and electronic submittal of this application and required documentation can be sent to SDC@tigard- or.gov Hardcopy applications and required documentation can be mailed to: City of Tigard—SDC Administrator, 13125 SW Hall Blvd.,Tigard, OR 97223. STAFF USE ONLY Date Received: Approved by: Date: Amount of SDCs Exempt Park Transportation Page e2/� Rev.2/22 Email: KRunyon@ltic.com Buyer: Jaklin Hunt and Zane Bryan 12100 SW Ann Place Tigard, OR 97223 Buyer: Dana J. Hunt and Barbara D. Hunt 12100 SW Ann Place Tigard, OR 97223 Seller: Jack W. Hamburg and McKenna R. Hamburg 12100 SW Ann Place Tigard, OR 97223 Property: 12100 SW Ann Place Tigard, OR 97223 Lender: Sunset Science Federal Credit Union 1100 NW Murray Boulevard ,Suite 200 Portland, OR 97229 Loan Number: 73271/9283 $ DEBITS $ CREDITS FINANCIAL CONSIDERATION Sale Price of Property 505,000.00 Deposit or earnest money 10,000.00 Loan Amount Sunset Science Federal Credit Union 400,000.00 Buyer's funds to close 90,461.51 Seller Credit 7,880.00 PRORATIONS/ADJUSTMENTS County Taxes at$4,567.18 07/01/21 to 09/16/21 ($4,567.18/365 X 77 days) 963.49 NEW LOAN CHARGES -Sunset Science Federal Credit Union Total Loan Charges: $2,791.00 Origination Fee Sunset Science Federal Credit Union 2,000.00 Apprasial Fee Sunset Science Federal Credit Union 760.00 Flood Search Sunset Science Federal Credit Union 16.00 Wire Fee to Sunset Credit Union Sunset Science Federal Credit Union 15.00 TITLE & ESCROW CHARGES Title- Escrow Fee Lawyers Title of Oregon, LLC 852.50 Title- Lender's Title Insurance Lawyers Title of Oregon, LLC 100.00 Title- Recording Service Fee to Lawyers Title of Oregon, LLC 10.00 Simplifile Policies to be issued: Loan Policy Coverage: $400,000.00 Premium: $100.00 Version: ALTA Loan Policy 2006 GOVERNMENT CHARGES Recording Fees Lawyers Title of Oregon, LLC 227.00 Mortgage $136.00 Deed $91.00 Washington County Transfer tax Lawyers Title of Oregon, LLC 252.50 ($505.00) Subtotals 509,233.00 509,305.00 Balance Due TO Buyer 72.00 TOTALS 509,305.00 509,305.00 To the best of my knowledge, the Settlement Statement which I have prepared is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. THIS IS A CERTIFIED COPY OF THE ORIGINAL DOCUMENT(S) BY LAWYERS TITLE OF OREGON, LLC Lawyers Title of Oregon, LLC, Settlement Agent RECORDING REQUESTED BY: Lawyers Title al Orcpun.ttC 9755 SW Barnes Road,Ste 105 Portland,OR 97225 AFTER RECORDING RETURN TO: Order No.: 902101500-KR READ D APPROVED Jaklin Hunt and Zane Bryan 12100 SW Ann Place —� Tigard, OR 97223 SEND TAX STATEMENTS TO: Jaklin Hunt and Zane Bryan !J 12100 SW Ann Place Tigard, OR 97223 APN: R1154440 12100 SW Ann Place,Tigard,OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE STATUTORY WARRANTY DEED Jack W. Hamburg and McKenna R. Hamburg, Grantor, conveys and warrants to Jaklin Hunt, Zane Bryan and Dana J. Hunt and Barbara D. Hunt. all not as tenats in common, but with rights of survivorship, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon: Lot 39, YE-OLDE WINDMILL, in the City of Tigard, County of Washington and State of Oregon. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS FIVE HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($505,000.00). (See ORS 93.030). Subject to: SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF 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, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Deed(Statutory Warranty) ORD1293.doc I Updated: 04.26-19 Page 1 OR-LT-FXE6-01060.474570-902101500 STATUTORY WARRANTY DEED (continued) IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. Dated: Jack W. Hamburg McKenna R. Hamburg State of County of This instrument was acknowledged before me on by Jack W. Hamburg and McKenna R. Hamburg. Notary Public- State of Oregon My Commission Expires: Deed(Statutory Warranty) ORD1293.doc/Updated. 04.26.19 Page 2 OR-LT-FXE13-01060.474576-9D2101500 • EXHIBIT "A" Exceptions Subject to: Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022. City Liens, if any, in favor of the City of Tigard. Restrictions, but omitting restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said restriction is permitted by applicable law, as shown on that certain plat Name of Plat: Ye-Olde Windmill Easement(s)for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: Sanitary sewer, storm drainage, potable water supply and utilities Affects: 10 feet in width along the front and rear lot lines and 5 feet in width along the side lot • • Deed(Statutory Warranty) 9 D1293.doc Updated: 0426,19 pa e 3 OR-LT-FXE8.01060.474576-902101500 OR I '-_ ' #RE SAFE. ! inquire before you wire! Title r Lawyers Title of Oregon,LLC Kathryn Runyon itLd Lawyers 1141� 9755 SW Barnes Road, Ste 105,Portland, -ra,v.- eu: OR 97225 Phone; (503)295-2442 Fax: (877)636-4428 WIRE FRAUD ALERT IMPORTANT! YOUR FUNDS MAY BE AT RISK This Notice is not intended to provide legal or professional advice. If you have any questions,please consult with a lawyer. Realtors®, Real Estate Brokers, Closing Attorneys, Buyers and Sellers are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email,without further verification. A fraudster will hack into a participant's email account to obtain information about upcoming real estate transactions. After monitoring the account to determine the likely timing of a closing, the fraudster will send an email to the Buyer purporting to be the escrow agent or another party to the transaction. The fraudulent email will contain new wiring instructions or routing information, and will request that the Buyer send funds to a fraudulent account. Please be advised that the wire instructions listed below are the only wire instructions we will send you. This is the only form that should be used to wire funds to us in this transaction. If you receive another email or unsolicited call purporting to alter these instructions, please immediately call us at: (503)295-2442. WIRE INSTRUCTIONS ***ACH ELECTRONIC TRANSFERS WILL NOT BE ACCEPTED AND ARE AUTOMATICALLY REJECTED*** BANK NAME: US Bank ADDRESS: 535 Westminster Mall,Westminster,CA 92683 ABA NO.: 122235821 ACCOUNT NO.: 153695838950 ACCOUNT HOLDER: Lawyers Title of Oregon, LLC REFERENCE: 902101500/12100 SW Ann Place,Tigard In addition,the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on ernails or other 1)51 communications purporting to change wire DO NOT FORWARD wire instructions to instructions. Parties to a transaction rarely other parties without first verbally verifying change wire instructions in the course of a the instructions from the sending party. transaction. ALWAYS VERIFY WIRE INSTRUCTIONS, specifically the ABA routing number and account number, by calling the party who Is receiving the funds. DO NOT RELY on other parties calling you. Obtain the number of your Realtor®, Real Estate Broker and your escrow officer as soon as an escrow account Is opened. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: htto://www.fbi.gov Internet Crime Complaint Center; httpJ/www.ic3.00v ACKNOWLEDGEMENT OF RECEIPT Your signature below acknowledges receipt of this Wire Fraud Alert. uY 1 Noi,:issAltsu er a. re ig re Jaklin Hunt Zane Bryan Printed Name Printed Name Address Address CAZ5b-i( 0 CV/5/4/ Dat Phone Number Date Phone Number Wire Fraud Alert Page 1 or 1 Original Effective Date: 7/5/2017 Current Version Date: 3/01/2018 TM and©Fidelity National Financial,Inc.and/or an affiliate. All rights reserved 902101500-KR READ AN APPROVED wyers Title hoe ut.Ortigun,11.0 9755 S rnes Road, Ste 105, Portland, OR 97225 (503)295-2442 FAX(877)636-4426 PRELIMINARY REPORT ESCROW OFFICER: Kathryn Runyon ORDER NO.: 902101500 KRunyon@Itic.com Supplement 1: Eff Date/Loan Policy (503)535-5011 Changed TITLE OFFICER: Lorri Henry TO: Lawyers Title of Oregon, LLC 9755 SW Barnes Road, Ste 105 Portland, OR 97225 ESCROW LICENSE NO.: 201011111 OWNER/SELLER: Jack W. Hamburg and McKenna R. Hamburg BUYER/BORROWER: Jaklin Hunt and Zane Bryan PROPERTY ADDRESS: 12100 SW Ann Place, Tigard, OR 97223 EFFECTIVE DATE: August 19, 2021, 08:00 AM 1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM ALTA Owner's Policy 2006 $ 505,000.00 $ 1,018.00 Owner's Standard(Short Term Rate) ALTA Loan Policy 2006 $ 404,000.00 $ 100.00 Standard Lender's Government Lien Search $ 30.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Jack W. Hamburg and McKenna R. Hamburg, as tenants by the entirety 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON,AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF Preliminary Report Printed: 0825.21©10:25 AM OR—SPSl-21-902101500 • Order No.: 902101500 Supplement 1: Eff Date/Loan Policy Changed EXHIBIT "A" Legal Description Lot 39, YE-OLDS WINDMILL, in the City of Tigard, County of Washington and State of Oregon. Preliminary Report Printed: 08.25.21 10:25 AM oR. SPS1-21-902101500 DocuSign Envelope ID:A086804C-436B-4B65-A7F49BEEA0C27971 Washington County,Oregon 2022-04448,6 07/08/2022 10:37:23 AM r-IRUL Cnt=1 S0=30 RECORDS1 /� $35.00$5.00$11.00$60.00•Total=$111,00 RETURN TO: PM, arcb"S CO.HPw3 fl: II! III III 1111111 I (III 1111 City of Community Development 02887242202200444860070070 13125 SW Hall Blvd. I,Joe Nelson,Director of Assessment end Taxation y�ss� and Ex-Cfticlo County.nlsrk for Washington County, ,..••' Tigard,OR 97223 Oregon,do hereby certify that the within instrument of writing was received and recorded In the book of ;S , records of fell CCllnty. Joe Nelson,Director of Assessment and Taxation, ER4fnclo County Clerk SPACE ABOVE FOR RECOR DER'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_23rd_day of__june 2022,__,by and between Jaklin Hunt, Zane Bryan,Dana J. Hunt and Barbara D. Hunt (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 12098 SW Ann Place,Tigard,Oregon,and approved through case File No. ADU 2022-00015. (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 I of 7 DocuSign Envelope ID:A086804C-436B-4B65-A7F4-9BEEA0C27971 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 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 7 DocuSign Envelope ID:A086804G436B-4B65-A7F4-9BEEA0C27971 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 maybe 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 7 DowSign Envelope ID:A086804C-4368-4B65-A7F4-9BEEA0C27971 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: By: � $c � stxir�� t► F Signature si• 10. {{.rt� Name: --...1a-lt 01,, ,Gnt"&tta, , STATE OF CiZrlisO N ) ) ss: County of ifl k5i41I.LL rl744 ) The foregoing instrument was acknowledged before me this? ay of A kAL,"I , >),by ,I -L1I4 j.11,l*1 rI : i.l>i tt12AI J1 kovai:(ZA- 14U4 r+ A 141M"r Notary Public for the State of 0IZI01.4 OFFICIAL STAMP cr DAWN MICHELE EWERS My commission expires: d9 Mt4lty tat O>' ��, ) NOTARY PUBLIC•OREGON �111 ''% COMMISSION NO.1020921 MY COMMISSION EXPIRES JANUARY 12,2026 SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 4 of 7 DocuSign Envelope ID:A066804C-436B-4B65-A7F4-9BEEA0C27971 • CITY: CITY OF TIGARD,an Oregon municipal corporation c---DocuSignvd by: Y. Dt.C7v Steve Rymer,City Manager SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 5 of 7 DocuStgn Envelope ID:A086804C-436B-4B65-A7F4-9BEEA0C27971 EXHIBIT A t,GAL DESCRIPTION OF THE PROJECT Lot 39,YE-OLDE WINDMILL,in the City of Tigard,County of Washington and State of Oregon. SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page6of7 DocuSign Envelope ID:A086B04G-436B-4665-A7F4-9BEEA0C27971 EXHIBIT B SCHEDULE OF SDCs EXEMPTED System Exemption Amount City Transportation $ 4,788.00 Parks $ 8,237.00 Water NOT ELIGIBLE Sanitary Sewer NOT ELIGIBLE Stormwater NOT ELIGIBLE County Transportation Development Tax NOT ELIGIBLE Total Exemption $ 13,025.00 This SDC exemption is granted to the units located at the property address(es) listed below: 12098 SW Ann Place,Tigard,OR 97223 SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 7 of 7 Water Meter Fixture Unit Worksheet for Additions/Remodels/ADUs Please complete the following information: Customer Name: , _a te 1 Lid Service Address: Street/Suite#: 121('X] ) Arvr R( t_ City C,j tt State: ( Z Zip: Q'l2 2, Phone Number: coS.,0 .Ca1lp'S Email: G ICU'\.t\ -I- HQ.� .W K J Please fill in the number of each fixture you cwrently have. Please fill in the number of fixtures you propose to add. Multiply the quantity by the point value to arrive at the current Multiply the quantity by the point value to arrive at total. the proposed total. Fixture Unit Current Point Current Proposed Point Proposed Quantity Value Total Addition Value Total Bar sink x 1 = l x 1 = 1 Bidet x 1 = x 1 = Clothes washer 1 x 4 = L( x 4 = Dishwasher 1 x 1.5 = 1.5 x 1.5 = 1"Outside Water Spigot 1 x 2.5 - _ -2.,G> x 2.5 = Water Spigot,each add'l 1 x 1 = l 1 x 1 = 1 Kitchen sink i x 1.5 = 1.63 t x 1.5 = 1 cj Laundry sink x 1.5 = x 1.5 = Lavatory(bathroom sink) 2 x 1 = Z l x 1 = I Water closet,1,6 OPF(tollet) 7 x 2.5 = 5.D 1 x 2.5 = _ 7.s Bathtub/whirlpool x 4 = x 4 = Shower stall 1 x 2 = 2 l x 2 = Z Bath/shower combo 1 x 4 = 4 x 4 = Current Points: 2:S5 Proposed Increase: q u Current Points+Proposed Increase= 3Z. =New Total Points =Required Meter Size 3/4.1" Meter Sizes: 1 to 30 points=5/8" 30.5 to 37 points=3/." 37.5 and over points= 1" New Meter Size Needed for New Total Points: 3A" Cost: $ 1 LP 1 OCtLi't° (see page 1) Current Meter Size per Utility Billing: R" Cost: $ 11 2..°f5 '0L (see page 1) New Meter Size Cost minus Current Meter Size Cost= $ ‘`l_.:1531v 't"' (This is Your Cost to Increase Meter Size Due to Additional Fixture Units) FOR OFFICE USE ONLY Meter will need to be upsized to 3/4 inch. Current Meter Size Confirmed with UB J Bentley 08/09/2022 Signature of UB Representative Date k/Butlding/Forms/WaterMetirs_oretz111dd.docx Page 2 { • RECEIVED lUL 2 8 ZG2£IeanWaterr Services SENSITIVE AREA PRE-SCREENING SITE ASSESSME Nc Dl SH�DON Clean Water Services File Number 122-002043 1. Jurisdiction: Tigard 2. Property Information(example: 15234AB01400) 3. Owner Information Tax lot ID(s): Name: Jaklin Hunt 2S103BB12000 Company: Address 12100 SWAnn Place OR Site Address: 12100 SW Ann Place City, State, Zip: Tigard,OR,97223 City, State,Zip: Tigard,OR,97223 Phone/fax: 503'970.0165 Email: jaklin.hunt©gmall.com Nearest cross street: 4. Development Activity(check all that apply) 4. Applicant Information ❑ Addition to single family residence(rooms, deck, garage) Name: Jaklin Hunt CILot line adjustment 0 Minor land partition Company: ❑ Residential condominium ❑ Commercial condominium Address: 12100 SW Ann Place ❑ Residential subdivision ❑ Commercial subdivision City, State, Zip: Tigard,OR,97223 ❑ Single lot commercial ❑ Multi lot commercial Phone/fax: 503.970.0165 Other detached accessory dwelling unit Email: jaklin.hunt©gmail.com 6. Will the project involve any off-site work? ❑yes x❑ No 0 Unknown Location and description of off-site work: 7. Additional comments or information that may be needed to understand your project: 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. Print/type name Jaklln Hunt Print/type title Signature ONLINE SUBMITTAL Date 7/25/2022 FOR DISTRICT USE ONLY O 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. II 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 19-5, Section 3.02.1, as amended by Resolution and Order 19-22. 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 19-5, Section 3.02.1,as amended by Resolution and Order 19-22.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 (—)AathjP Date 7/25/2022 Once complete,email to: SPLReviewecleanwaterservices.org • Fax: (503)681-4439 OR mail to: SPL Review, Clean Water Services,2550 SW Hillsboro Highway, Hillsboro, Oregon 97123 i.anwaterservices.org FOR OFFICE USE ONLY—SITE ADDRESS: This form is recognized by most building departments in the Tri-County area for transmitting information. Please complete this form when submitting information for plan review responses and revisions. This form and the information it provides helps the review process and response to your project. City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT _'PI Transmittal Letter r i t,A RI) 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.718.2439 • www.tigard-or.gov TO: Allyson Armstrong DATE RECEIVED: DEPT: BUILDING DIVISION : FROM: Jaki Hunt 1022 CITY OF TIOARL COMPANY: -3UII_DING DIVISIOi" � � PHONE: 503.970.0165 By: `/// EMAIL: jaklin hunt@gmail.com RE: 12098 SW Ann Place, Tigard OR MST2022-00250 _ (Site Address) (Permit Number) Hunt ADU (Project name or subdivision name and lot number) ATTACHED ARE THE FOLLOWING ITEMS: Copies: Description: Copies: Description: Additional set(s) of plans. 3 Revisions: _ Cross section(s)and details. Wall bracing and/or lateral analysis. Floor/roof framing. Basement and retaining walls. Beam calculations. 1 Engineer's calculations. 1 Other(explain):Water Meter Fixture sheet REMARKS: Attached are the revised plans, including: location of fan, radon mitigation, crawl space access,mini split, and smoke/carbon monoxide detector. Also included is the shear wall schedule, water meter fixture sheet, and mechanical permit. Let me know if there is anything else needed. FOR OF ICE USE ONLY _ _ Routed to Permit Technici n: Date: $/'b f 22 Initials: Fees Due: E Yes (No Fee Description: _ Amount Due: N3 0 0 E $$ g- Special _ Instructions: / Reprint Permit(per PE): ❑ Yes R'NO ❑ Done _ Applicant Notified: Date: Initials: FOR OFFICE USE ONLY—SITE ADDRESS: This form is recognized by most building departments in the Tri-County area for transmitting information. Please complete this form when submitting information for plan review responses and revisions. This form and the information it provides helps the review process and response to your project. City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT mII Transmittal Letter r t G A R DD 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.718.2439 • www.tigard-or.gov TO: Allyson Armstrong DATE RECEIVED: DEPT: BUILDING DIVISION RECEIVED FROM: Jaki Hunt AUG 2 2 2022 COMPANY: CITY OF TIGARD BUILDING DIVISID . PHONE: 503.970.0165 - EMAIL: jaklin.hunt©gmail.com RE: 12098 SW Ann Place, Tigard OR MST2022-00250 (Site Address) (Permit Number) Hunt ADU (Project name or subdivision name and lot number) ATTACHED ARE THE FOLLOWING ITEMS: Copies: Description: Copies: Description: Additional set(s) of plans. 3 Revisions: Sheet 1 Site Plan Cross section(s) and details. Wall bracing and/or lateral analysis. Floor/roof framing. Basement and retaining walls. Beam calculations. Engineer's calculations. Other(explain): REMARKS: Attached is the revised site plan. We would like to shift the ADU 4'towards SW Ann Place in order to reduce impact to tree roots along the south edge. FOR FF E USE ONLY Routed to Permit Technici : Date: ��Z-2 ZZ- Initials: ' No Fee Descfi do : Amount Due: Fees Due: El Yes [� p b P 6_-- $s z(-7 - Special Instructions: Reprint Permit (per PE): ❑ Yes No ❑ Done Applicant Notified: Date: Initials: