HOP1988-00052 111 (
RESIDENTIAL
HOME OCCIIPATION TA I i�
Notice of Decision - �ii-
CITY OF TIGA RD
This is to notify all surrounding property owners of OREGON
record, within 250 feet, that the below named person(s)
have been approved for a Home Occupation Permit.
Business Name: Ambrosia Enterprises File No.: HOP 88 -52
Name of Applicant: Michael Osborne
Property Address: 13290 SW Shore
Tax Map: 1S1 33DC Lot No.: 12900
Zone:' R -12 (PD) RENEWAL DATE: 12/89
Nature of Business: Selling of marketing information by mail
Notice is hereby given that the Planning Director's Designee for the City of
Tigard has APPROVED this Home Occupation.
This Home Occupation is subject to the following conditions:
1. The Home Occupation use and storage of materials and products shall not
occupy more than.25 percent of the residence gross floor area.
2. The use shall be a secondary use to the primary use of the house as a
residence.
3. There shall be no paid employees working in the home in conjunction with
the business who are not residents of the home.
4. There shall be no customers or clients coming to the residence in
conjunction with the business.
5. There shall be no signs or advertising visible from the exterior of the
premises.
6. There shall be no outdoor storage of materials, vehicles, or products on
the premises. Indoor storage of materials or products shall not exceed
the limitations imposed by the provisions of the Building, Fire, Health,
and Housing Codes.
13125 SW HaII Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
,
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7. There shall be no noise, obnoxious odors, vibrations, glare, fumes,
electrical interference, heat (detectable to normal sensory perception
outside the structure), traffic, and discharge of materials, gases, or
fluids into the sanitary sewer or storm drainage systems which are in
excess of what is normally associated with residential uses.
8. The Home Occupation Permit shall be renewed annually.
9. A business tax shall be paid annually for the business.
10.
If any of the preceding conditions are not met, this Home Occupation Permit
will be immediately invalidated.
Notice was published in the newspaper, posted at City Hall and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
THE DECISION SHALL BE FINAL ON December 30. 1988, UNLESS AN APPEAL IS
FILED.
Any party to the decision may appeal this decision in accordance with
Section 18.32.290(A) and Section 18.32.370 of the Community Development
Code which provides that a written appeal must be filed with the CITY
RECORDER within 10 days after notice is given and sent.
The deadline for filing of an appeal is 3:30 P.M. December 30, 1988
If you have any questions, please call the City of Tigard Planning
Department, Tigard City Hall, 13125 SW Hall Blvd., PO Box 23397, Tigard,
Oregon 97223, 639 -4171.
■ . r _ Al 4 12/20/88
PREP.' D BY: ichael Matteucci , Planning Aide DATE
/l �/, . 12/20/88
Keith S. ideas, Senior Planner DATE APPROVED
ht/3677P/6P
Revised 10/3/88
nillll1
RESIDENTIAL
HOME OCCUPATION CITY OF TIGA RD
Notice of Decision
Business Name: i
._Lim 04e) _ • G2c� —coo File No.: J i80 - �
Name of Applicant: 4 Z9S -17
Property Address: / 2 Sw S4690,'
Tax Map: /S r--,;ixv Lot No.: / 0Z
Zone: /2 ( O J RENEWAL DATE: /d , 5 9
Nature of Business: ' / / jp 1 / `/ iii -111
Notice is hereby given that the Planning Director's Designee for the City of
Tigard has APPROVED this Home Occupation.
This Home Occupation is subject to the following conditions:
1. he Home Occupation use and storage of materials and products shall not
occupy 0. - 25 percent of the combined residence and accessory
structure gross floor ar -. Total area used in an accessory building
shall not exceed 500 square feet. -n .ceessor_ building must meet Uniform
Building Code requirements, and conform with Chapter - 8:444 of the
Community Development Code.
2. The use shall be a secondary use to the primary use of the house as a
residence.
3. There shall be no paid employees working in the home in conjunction with
the business who are not residents of the home.
4. There shall be no customers or clients coming to the residence in
conjunction with the business.
5. There shall be no signs or advertising visible from the exterior of the
premises.
6. There shall be no outdoor storage of materials, vehicles, or products on
the premises. Indoor storage of materials or products shall not exceed
the limitations imposed by the provisions of the Building, Fire, Health,
and Housing Codes.
7. There shall be no noise, obnoxious odors, vibrations, glare, fumes,
electrical interference, heat (detectable to normal sensory perception
outside the structure), traffic, and discharge of materials, gases, or
fluids into the sanitary sewer or storm drainage systems which are in
excess of what is normally associated with residential uses.
• •
8. The Home Occupation Permit shall be renewed annually.
9. A business tax shall be paid annually for the business.
10.
If any of the preceding conditions are not met, this Home Occupation Permit
will be immediately invalidated.
Notice was published in the newspaper, posted at City Hall and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
THE DECISION SHALL BE FINAL ON UNLESS AN APPEAL IS
FILED.
-Any party to the decision may appeal this decision in accordance with
Section 18.32.290(A) and Section 18.32.370 of the Community Development
Code which provides that a written appeal must be filed with the CITY
RECORDER within 10 days after notice is given and sent.
The deadline for filing of an appeal is 3:30 P.M.
If you have any questions, please call the City of Tigard Planning
Department, Tigard City Hall, 13125 SW Hall Blvd., PO Box 23397, Tigard,
Oregon 97223, 639 -4171.
PREPARED BY: , Assistant Planner DATE
Keith S. Liden, Senior Planner DATE APPROVED
ht/3677P
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1110 y
�!!!� CITY OF TIGARD, OREGON
ALIA
HOME OCCUPATION APPLICATION
CITY OF TIGARD, 13125 SW Hall, PO Box 23397
Tigard, Oregon 97223 - (503) 639 -4171 FOR TAFF U ONLY
CASE NO. /-490 0 ( -5;2_
OTHER CASE NO'S:
RECEIPT NO. /o /7b' Z.
APPLICATION ACCEPTED BY: //1,17-7,-)
DATE: /mil /,2
1. GENERAL INFORMATION Application elements submitted:
PROPERTY ADDRESS /LOCATION / 32J/o 5,0 S b; V((A) Application form (1)
o '. V(B) Owner's signature /written
TAX MAP AND TAX LOT NO. ,.iZ I ( e6A) 2-0 authorization
S / 3 3 t)e, L. . / °t 9or V(C) Title transfer instrument (1)
d ��
SITE SIZE (D) Assessor's map (1)
PROPERTY OWNER /DEED HOLDER* /11/40162., e AJ' ' 1/0) Plot plan (1 copy)
ADDRESS R24() S .J g s 12 PHONE (01 4,1/61, v(i) Applicant's statement
CITY � " &-.Q12 -� ( f9(2 ZIP ') ZZ'?j (1 copy)
APPLICANT* ['4 7.- 6goeN67 1/G) List of property owners and
ADDRESS /3 Su) ag" t4 PHONE bt - addresses within 250 feet (1)
CITY 46 / 19� , ZIP q72 2 L//(H) Filing fee (i80)
BUSINESS NAME ytefru /j j,4 .....kturEiZP/i
*When the owner and the applicant are different people,
the applicant must be the purchaser of record
or -a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE:
from the owner or an agent of the owner with written
authorization. The owner(s) must sign this
application in the space provided on page two or FINAL DECISION DEADLINE:
submit a written authorization with this application.
COMP. PLAN /ZONE DESIGNATION:
2. PROPOSAL SUMMARY R- /2 C iJ1)
The owners of record of the subject property
request approval of a home occupation to N.P.O. Number: 7--
allow (be specific) i_c_ (
`Y) v7A/t .2 vl Planning Director Approval Date:
.
Final Approval Date:
3. Specify whether you are using a detached Planning
building on your property and gilN nsions:
NO AF�� ca +/J 4 OUS*" Y ,QD X. 13 ' Engineering
0738P/23P
R010A! 4 /RR RttcinPCC Tax!
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3. List any variance or other land use actions to be considered as part of this
application: )( .
4. Applicants: To have a complete application you will need to submit attachments
described below:
A. One application form with signature or written authorization
B. One copy of the title transfer instrument (eg d d)
C. One assessor's map of the property /�
D. One each of the attached question eet and floor plan
E. One list of property owners within 250 feet of the property
F. Filing fee of $80
5. THE APPLICANT(S) SHALL CERTIFY THAT:
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
B. If the application is granted, the applicant will exercise the rights
granted in accordance with the terms and subject to all the conditions and
limitations of the approval.
C. All of the above statements and the statements in the plot plan,
attachments, and exhibits transmitted herewith, are true; and the
applicants so acknowledge that any permit issued, based on this
application, may be revoked if it is found that any such statements are
false.
D. The applicant has read the entire contents of the application, including
the policies and criteria, and understands the requirements for approving
or denying the application.
DATED this /Z day of I 2eM Rex 19 M
SIGNATURES of each owner (eg. husband and wife) of the subject property.
40/PALL/ALL 11.,,
14(deut.A. vv. &be:we_ ,
Revised 3/15/88
(KSL:pm /0738P)
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TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS
AND SUBMIT TWO COPIES:
1. Will you have any paid employees who don't reside at the home?
IVV
2. Will you have customers /clients coming to your residence? If so how many
per day?
"Jo
3. Will you have deliveries or pickups made of products or supplies to your
residence? If so, how many and what type?
I' O
4. What will your hours and days of operation be?
/4 f old( - .
5. Will the business generate any noise which can be heard outside of the
st ructure?
NO
6. How many square feet is your residence and how many square feet will be
devoted to the operation of your business, including storage areas?
1 C50 17) SQ , Fri 116 ST4 . T-: 6 /Z �j �.�r ij $S
7. What vehicles will be associated with the business that are garaged at the
residence?
8. Do you intend to store any materials, vehicles or products outdoors at the
premises in conjunction with the business?
0
9. Will you have any signs or advertising visible from the exterior of the
premises?
10. Please show the floor layout of your house and the area to be used for
your home occupation on the attached graph paper. Please designate those
areas which shall be utilized 1) entirely for the home occupation and 2)
partially for the home occupation. Please designate the approximate
dimensions of the room(s) to be used for the home occupation.
(dmj /0738P)
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18.142 HOME OCCUPATIONS
18.142.010 Purpose
(a) It is the purpose of this Chapter to regulate home occupations
in residential, commercial and industrial zones in a manner that
will ensure that the use is:
(1) A secondary, lawful use to the primary residential use of
the premises upon which they are found, and
(2) Not disruptive on the residential area.
(b) The purpose of this Chapter is also to: 1) permit residents of
the community a choice in the use of their homes as a place of
livelihood and the production or supplementing of personal
income and family income; and 2) establish criteria and
development standards for home occupations conducted in dwelling
units and accessory structures in residential, commercial, and
industrial zones.
(c) The standards contained in this Chapter are intended to assure
that home occupations will be compatible and consistent with the
residential uses and will not have a detrimental effect on the
neighboring properties and the neighboring residents.
(d) The standards contained in this Chapter are intended to promote
the efficient use of public services and facilities by assuring
these services are provided to the residential population for
which they were planned' and constructed, rather than for
commercial or industrial uses.
(e) No person shall carry on a home occupation, or permit such use
to occur on property which that person owns or is in lawful
control of, contrary to the provisions of this ordinance or
without first obtaining or insuring that there has been obtained
a permit for such use in the manner provided by this Chapter
where a permit is required.
(f) It is not the intent of this Chapter to regulate hobbies. A
home occupation is to be geared ultimately towards financial
gain.
18.142.020 Exemptions
(a) Garage sales.
(b) Sale of produce or other food products grown on the premises.
(c) Not— for — profit hobbies.
(d) Baby— sitters as .defined in Section 18.42.020(a)(11) of the Code.
III — 287 Rev. 8/87
(e) Proven nonconforming uses (see Section 18.142. 5 below).
18.142.030 Administration and Approval Process
(a) The applicant of a home occupation proposal shall be the
occupant of the property.
(b) For a single home occupation carried on at two or more Tigard
residences, one joint business tax application shall be required
but each business partner must apply for a separate home
occupation permit.
(c) A Pre — Application Conference with City staff is required in
accordance with Section 18.32.040.
(d) Due to possible changes in State statutes, or regional or local
policy, information given by staff to the applicant during the
Pre — Application Conference is valid for not more than 6 months.
(1) Another Pre- Application Conference is required if any
variance application is submitted 6 months after the
Pre— Application.
(2) Failure of the Director to provide any of the information
required by this Chapter shall not constitute a waiver of
the standard, criteria or requirements of the application.
(e) The Director shall approve, approve with conditions or deny any
application for a home occupation... The Director shall apply the
standards set forth in Section 18.142.050 of this Chapter when
reviewing an application for a home occupation.
(f) Notice of the Director's decision shall be given as provided by
18.32.120. The decision of the Director may be appealed in
accordance with Section 18.32.310 (a).
(g) Violation of the provisions of this Chapter constitutes a Class
I Civil Infraction and shall be enforced as provided in Section
5.04.180 of the Tigard Municipal Code.
18.142.032 Nonconforming Home Occupations
(1) Certain types of uses may be granted nonconforming status by the City:
(a) Home occupations under County authority prior to annexation to
the City which have been in continuous operation, and
(1) which have been; or
(2) would have been found to meet the County's requirements.
(b) Home occupations under City authority which have been in
continuous operation and which began operation prior to 1983.
III — 287a Rev. 8/87
• •
The burden of proving a nonconforming status which preserves nonconforming
rights rests with the property owner or tenant. Such a status is further
governed by the regulations contained in Chapter 18.132. These uses may
continue until the use is expanded or altered so as to increase the level of
noncompliance with the present City Code.
18.142.035 Permit Renewal — Applicability
(a) Home occupation permits issued under the provisions of this Code
shall expire after one year and an application for renewal of
the permit shall be filed with the City prior to the expiration
date to continue lawful operation of the home occupation
business. The permit renewal application shall be approved or
denied in accordance with the provisions set forth in Section
18.142.040 of this Code.
(b) Home occupation permits which received City approval prior to
November, 1983 but may be nonconforming as defined in Chapter
18.132 or Section 18.142.032 shall be renewed annually. The
permit renewal application shall be approved or denied in
accordance with the provisions set forth in Section 18.142.040
of this Code.
(c) Home occupation businesses which existed without a valid Home
Occupation permit prior to November, 1983 shall apply for a Home
Occupation permit under the provisions of Chapter 18.142 or
prove nonconforming status as per 18.142.032. The original
permit shall be valid for one year and shall be renewed annually
prior to the expiration date under the provisions of Section
18.142.040.
III — 287b Rev. 8/87
18.142.040 Expiration oSp P roval — Extension of Time Relation
(a) Approval of a home occupation by the Director shall be effective
for a one —year period.
(b) The Director shall renew the permit upon:
(1) Application and payment of a fee by the applicant;
(2) Finding that:
(A) All of the conditions of approval have been satisfied;
(B) There has been no change in the original application
approved by the Director;
(C) There have been no changes in the facts or applicable
policies on which the approval was based;
(D) The applicable approval criteria in 18.142.050 are
satisfied.
(E) The applicant certifies that he /she is complying with
the conditions of approval and agrees to comply in the
future.
(c) The Director shall give notice of the renewal as provided by
18.32.120 only in the case where a real or alleged violation has
been reported to the - Planning Division. The decision may be
appealed as provided by 18.32.310(a).
(d) The Director may revoke a home occupation approval if the
conditions are not satisfied as provided by the original home
occupation permit or the most recent renewal.
(e) A Home Occupation Permit shall become invalid:
(1) should the property on which the original Home Occupation
Permit was based be sold or legally transferred to a family
member who is not a resident of the home or another party;
or
(2) if the applicant moves his residence.
18.142.050 Approval Criteria
Issuance of a Home Occupation Permit shall be allowed only for those home
occupations which can successfully meet all of the following approval
criteria, without exception.
(a) The use shall be a lawful use which shall be carried on by the
occupants of the dwellings;
(b) The Home Occupation shall be operated:
III — 288 Rev. 8/87
• •
(1) Entirely within the dwelling unit and a conforming
accessory structure. The`use and storage of materials and
products shall not occupy more than 25% of the combined
residence and accessory structure gross floor area. The
total area used in the accessory building shall not exceed
500 square feet. Any accessory building that is used must
meet Uniform Building Code requirements and be in
conformance with 18.144 of the Code. Variances to the
accessory use requirements may be applied for as per
Section 18.134 of the Code.
(2) More than one home occupation shall be allowed on any one
property only if the combined floor space usage of both
home occupations do not exceed 25% of the gross floor area
of the dwelling as calculated in subsection (1) above.
(c) The use shall be a secondary use to the primary use of the
residence as a dwelling;
(d) In residential zoning districts, there shall be no exterior
indication of the home occupation; no exterior signs shall be
used; no other on —site advertising visible from the exterior
shall be used which informs the public of the use except the
address of the home occupation may be displayed;
(e) Home occupations in commercial and industrial zoning districts
may be permitted to erect a freestanding sign with a total of
eight (8) square feet in area and six (6) feet in height. Total
signage for walls shall not exceed four (4) square feet. Such
signs require a City sign permit as stipulated in Section
18.114.020 of the Code.
(f) There shall be no outdoor storage or display of materials,
vehicles or products on the premises. Indoor storage of
materials or products shall not exceed the limitations imposed
by the provisions of the Building, Fire, Health and Housing
Codes.The applicant shall be required to obtain approval from
the relevant Fire District prior to storage of any flammable or
hazardous materials on the property.
III — 288a Rev. 8/87
(g)
The use shalSot include any retail sales o•r than telephone
sales.
(h) The use shall not involve direct sales or service from the
property necessitating customer traffic to the residence.
(i) The Home Occupation shall not produce any noise or obnoxious
odors, vibrations, glare, fumes, electrical interference
(detectable to normal sensory perception outside the structure),
traffic, and discharge of materials, gases or fluids into the
sanitary sewer and storm drainage systems which are either in
excess of what is normally associated with residential uses.or
which exceed the performance standards set forth in Section
18.90 of this Code;
(j) There shall be no other paid employees on the premises other
than those who are permanent residents of the dwelling;
(k) The use shall not require any additional parking other than that
which is required for the residence.
(1) There shall be no more than three deliveries per week to the
residence by suppliers.
18.142.055 Additional Requirements for a Home Occupation.
The Director may impose conditions on the approval of a Home Occupation
Permit which he finds are necessary to assure the use is compatible with
other uses in the vicinity. These conditions may include, but are not
limited to the following:
(1) Limiting the hours, days, place and manner of operation.
(2) Requiring design features which minimize environmental impacts such
as noise, vibration, air pollution, glare, odor and dust.
(3) Requiring additional setback areas, lot area or lot depth or width.
(4) Limiting the areal extent of the home occupation use and location on
the site.
(5) Designating the size, number, location and design of vehicle access
points.
(6) Requiring street right—of—way to be free of vehicles at all times.
(7) Requiring landscaping, screening, drainage and surfacing of parking
and loading areas.
(8) Limiting the extent and type of interior or exterior building
remodeling.
(9) Limiting or setting standards for the location and intensity of
outdoor lighting.
(10) Requiring berming, screening or landscaping and the establishment of
standards for their installation and maintenance.
(11) Requiring and designating the size, height, location and materials
for fences.
III — 289 Rev. 8/87
•
(12) Requiring the protection and preservation of existing trees, soils,
vegetation, watercourse, habitat areas and drainage areas.
(13) Limiting the type and number of vehicles or equipment to be parked or
stored on the site.
(14) Any other limitations which the Director considers to be necessary or
desirable to make the use comply with the purposes stated in 18.142.050.
18.142.060 Approval and Compliance for a Business License
No business tax certificate will be issued for a home occupation
until the home occupation application is approved and the applicant
certifies that the home occupation will be operated in strict
compliance with the provisions of this Chapter and the conditions of
approval.
18.142.070 Time Limit and Revocation
(a) The Director may approve a home occupation application subject to a
specific time period at the termination of which there shall be a
renewal application to determine if all of the conditions and
provisions of this Chapter have been satisfied. The permit shall be
renewed if all of the conditions have been satisfied.
(b) The Director may revoke a home occupation approval if the conditions
are not satisfied as provided by the original home occupation permit
or the most recent renewal permit.
(c) Failure to pay the annual renewal fee shall result in the assessment
of additional five dollars ($5.00) processing fee if paid within
thirty (30) days after the due date; or revocation of the home
occupation permit if not paid within thirty (30) days after the due
date.
18.142.080 Application Submission Requirements
(a) An application shall be made on forms provided by the Director and
shall be accompanied by:
(1) One copy of the applicant's statement or narrative which
explains how the proposal conforms to the standards in
18.142.050.
(2) A list of names and addresses of all persons who are property
owners of record within 250 feet of the site.
(3) The required fee.
(4) One plot plan of the property.
(5) One floor plan of all structures on the property.
(6) One title transfer instrument.
(7) One assessor's map.
(8) The application form.
(9) Property owner's signature(s) or written authorization.
III — 289a Rev. 8/87
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, (,)( a r ie_ (496.6 , be+ng first—duly sworn /affirm, - en— oat-h-
depose and say: (Please Print)
That I am a )-1 Ot iC c C2 c'Cs for
The City of Tigard, Oregon.
That I served NOTICE OF PUBLIC HEARING for:
•- That I served NOTICE OF DECISION for:
�/ City of Tigard Planning Director
Tigard Planning Commission
Tigard Hearings Officer
Tigard City Council
A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked
Exhibit "A ") was mailed to each named persons at the address shown on the
attached list marked exhibit "B" on the O day of Dereh. Ce'- 19 g6`.
said notice NOTICE OF DECISION as hereto attached, was posted on an
• appropriate bulletin board on the O day of b 2 e 4:Pr , 19g1;
and deposited in the United States Mail on the c3 9.0 day of _P-P .l-
19, postage prepaid.
C• e � •• •r
Si:�.
e Person who posted on Bulletin Board
(For Decision Only)
A� ��
'erson who delivered to yiST 0 CE •
Sub ribed and sworn /affirm to before me on the g2j) day of ,
19 .
°'��•)f4 VO OO , i �
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4;&■5
NOTARY PUBLI OF •REGON
My Commission Expires: _
0257P/0006P
nUe 00 1L oouu
y /6�� /� 'John & Laurie Schilling
Michael Osborne Daniel & Maria Campbell
Ambrosia Enterprises 3235 SW Shore 13302 SW Shore
13290 SW Shore •igard, OR 97223 411pigard, OR 97223
Tigard, OR 97223
HOP 88 -52 TL 8900 TL 13000
Lee Cunningham Mark Bowgren Tok & Nareth Down
13385 SW 115th 13225 SW Shore 13268 SW Shore
Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223
TL 7000 TL 9100
Ching Feng & Yuan Sheng Hu Bruce & Kathleen Menzies TL 13100
13295 SW Shore Dr. 13215 SW Shore Roger & Christie Suss
Tigard, OR 97223 Tigard, OR 97223 13236 SW Shore
Tigard, OR 97223
TL 7100 TL 9300
Steven L. & Theresa Rankin Ronna Pies TL 13200
11775 SW 1 34th Terrace 13205 SW Shore Randall & Gina Crosby
Tigard, OR 97223 Tigard, OR 97223 13223 SW Shore
Tigard, OR 97223
TL 7200 TL 11300 Craig & Linda Couture TL 13300
Leroy & Wendy Solomon 13401 SW Laurmont Ct. Dana Whitecotton
11765 SW 134th Terrace Tigard, OR 97223 13212 SW Shore
Tigard, OR 97223
Tigard, OR 97223
TL 7300 TL 11200 TL 13400
Jeffrey & Wendi Herberle Nancy Blangsted & Charlene John & Sonya Meehan
11755 SW 134th Terrace Ferger 13200 SW Shore
Tigard, OR 97223 13387 SW Laurmont Ct. Tigard, OR 97223
Tigard, OR 97223 1
TL 7400 TL 11100 TL 13500
Stephen & Kathryn Schmitz Albert & Zella Scholz Daniel & Julie Reid
11745 SW 134th Terrace 10202 SW Conestoga #7 13198 SW Shore
Tigard, OR 97223 Beaverton, OR 97005 , Tigard, OR 97223
TL 11000
TL 400 TL
Coleen Holmstrom Cynthia & Darrel Shereck Laureston & Christine Porter
13309 SW Shore
11730 SW 134th Terrace 13281 Tamera Lane
i Tigard, OR 97223
Tigard, OR 97223 Tigard, OR 97223
TL 12400 TL 14700,14900,15000,15100
TL 8500 Gerald Rouleau Don Morissette Builder, Inc.
Dennis & Michelle Harrold 13350 SW Shore PO Box 25571
11740 SW 134th Terrace Tigard, OR 97223 Portland, OR 97223
Tigard, OR 97223
• TL 17800
TL 8600 TL 12500 &12600 TL 14800,
Lee & Barbara Norlin Scottco Bldg & Design Inc. Douglas & Susan Poling
13255 SW Shore Dr. 11665 SW 98th 13227 SW Tamera Lane
Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223
TL 8700 TL 12700 TL17600
Marshall & Lori Miller David & Lori Ulbricht Robert & Marjorie Glover
13245 SW Shore Dr. 13314 SW Shore 13292 SW Laurmont Dr.
Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223
Cy hfb
Ask
IIP 111
S.
TL 17700
Development Investment Corp.
PO Box 38
West Linn, OR 97068
TL 17900
William & Esther Born
13146 SW Tamera Lane
Tigard, OR 97223
/— ..pCK041
/
• •'.
Loan #2600 -02
tis form is used in connection with NOTE FHA CASE NO.
iortgeges Insured under Sections 203,
"ividual mr
otQegs under 431- 2119309 -703
6 ections end 213 220, 2 233 80 end
/810 of the National Housing Act.
(To be used with Deed of Trust or Mortgage)
Portland , Oregon.
S 67,650.00 October 28, 1987
FOR VALUE RECEIVED, I /We promise to pay to RAINIER BANK OREGON, N.A.
, or order, the principal sum
of Sixty Seven Thousand Six Hundred Fifty and no /100 -Dollars ($67,650.00 ).
•
with interest from date at the rate of Eleven per
centum ( 11.000 %) per annum on the unpaid balance until paid. The said principal and interest shall be
payable at the office of RAINIER BANK OREGON, N.A. •
in
Portland, Oregon , or at such other place as the holder hereof may designate
in writing, in monthly installments of Six Hundred Forty Four and 25 /100 -- -Dollars (S 644.25 ).
commencing on the first day of December , 19 87, and on the first day of each month thereafter until
the principal and interest are fully paid, except that the final payment of principal and interest, if not sooner paid. shall
be due and payable on the first day of November , 2017 .
If default be made in the payment of any installment under this note, and if the default is not made good prior to
the due date of the next such installment, the entire principal sum and accrued interest shall at once become due and
payable without notice at the option of the holder of this note. Failure to exercise this option shall not constitute a
waiver of the right to exercise the same in the event of any subsequent default. In the event of default it is agreed that
the holder of this note may recover such necessary expenses as may be incurred in collection, including a reasonable
attorney's fee.
Presentment, protest, and notice are hereby waived.
'1 2I,/ 4 G'
Michael D. Osborne Melanie G. Osborne
•
Replaces FHA - 9169 -DT /M, which may be used. HUD- 99169.OT/M (2791
* U.S. GOVERNMENT PRINTING OFFICE: 1982 - 593.00011076
•
' Loan #2600 -02
Stat of Oregon _5... ►c...►o
• After recording return to: D Of Trust
Rainier Bank Oregon, N.A. 431- 2119309 -703
10250 SW•Greenburg Rd.
Portland, OR 9 /22.3
This Deed of Trust, made this 28th day of October , 19 87
between Michael D. Osborne and Melanie G. Osborne, husband and wife -
, as Grantor,
whose address is (Street and number. city) 13290 SW Shore Drive, Tigard, OR 97223
State of Oregon, Safeco Title Insurance Company of Oregon , as Trustee, and
RAINIER BANK OREGON, N.A. ,as Beneficiary.
Witnesseth: That Grantor irrevocably Grants, Bargains, Sells and Conveys to Trustee in Trust, with Power of Sale, the Prop-
erty In Washington County, State of Oregon, described as:
Lot 20, ARI GREEN, Washington County, Oregon.
"CERTIFIED • TRUE AND EXACT COPY"
Saf- Ti Instlran a ompany of Oregon
&W/. ill / Ae
Escrow 0' leer
which said described property is not currently used for agricultural, timber or grazing purposes.
Together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in anywise appertaining, and
the rents, issues, and profits thereof, Subject However, to the right, power, and authority hereinafter given to and conferred upon Benefi-
ciary to collect and apply such rents, issues, and profits.
To Have and To Hold the same, with the appurtenances, into Trustee.
For the Purpose of Securing Performance of each agreement of Grantor herein contained and payment of the sum of
Sixty Seven Thousand Six Hundred Fifty arid no/100 ollars ($67, 650.00 ),
with interest thereon according to the terms of a promissory note, dated Oct 28 19 87 ,
payable to the Beneficiary or order and made by Grantor, the final payment of principal and interest thereof, if not sooner paid, being due
and payable on the first day of NOVelrber , 20 17 .
This form Is used in connection with deeds of trust insured under the one- to four - family programs of the National Housing Act which require
a One - Time Mortgage insurance Premium payment (including sections 203 (b) and (i)) In accordance with the regulations for those programs.
Previous Editions Are Obsolete - Page 1 of 4 pages HUD42168T.1(6.85 Edition)
24 CFR 203.17(8)
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. . ,7 - . . . . ....a.. . _ . ... .. .. .... ;. .- Y i.,:. - ::.' '. ?: .. . . , :. - • _ •
I. Privilege is reserved to pay the debt in whole, or in an To Protect the Security of This Deed of Trust, Grantor Agrees:
amount equal to one or more monthly payments on the principal S. To keep said property in as good order and condition as
that are next due on the note, on the first day of any month prior to they now are and not to commit or permit any waste thereof,
maturity. Provided, however, That written notice of an intention to reasonable wear and tear excepted.
exercise such privilege is given at least thirty (30) days prior to
prepayment. 6. To complete or restore promptly and in good work-
manlike manner any building or improvement which may be
2. Grantor agrees to pay to Beneficiary in addition to the constructed, damaged, or destroyed thereon, and pay when due all •
monthly payments of principal and interest payable under the terms costs incurred therefor, and, if the loan secured hereby or any part
of said note, on the first day of each month until said note is fully thereof is being obtained for the purpose of financing construction
paid, the following sums: of improvements on said property, Grantor further agrees:
(a) A sum, as estimated by the Beneficiary, equal to the ground (a) to commence construction promptly and in any event within
rents, if any, and the taxes and special assessments next due on the 30 days from the date of the commitment of the Department of
premises covered by this Deed of Trust, plus the premiums that will Housing and Urban Development, and complete same in
next become due and payable on policies of fire and other hazard accordance with plans and specifications satisfactory to Beneficiary,
insurance on the premises covered hereby as may be required by (b) to allow Beneficiary to inspect said property at all times
Beneficiary in amounts and in a company or companies satisfactory during construction,
to Beneficiary, Grantor agreeing to deliver promptly to Beneficiary
all bills and notices therefor, less all sums already paid therefor (c) to replace any work or materials unsatisfactory to
divided by the number of months to elapse before 1 month prior to Beneficiary, within fifteen (15) calendar days after written notice
the date when such ground rents, premiums, taxes and assessments from Beneficiary of such fact, which notice may be given to the
will become delinquent, such sums to be held by the Beneficiary in Grantor by registered mail, sent to his last known address, or by
trust to pay said ground rents, premiums, taxes and special personal service of Olt same,
assessments, before the same become delinquent; and (d) that work shall not cease on the construction of such
(b) All payments mentioned in them preceding subsection) of improvements for any reason whatsoever for a period of fifteen (15)
this paragraph and all payments to be made under the note secured calendar days.
hereby shall be added together and the aggregate amount thereof The Trustee, upon presentation to it of an affidavit signed by
shall be paid each month in a single payment to be applied by Beneficiary, setting forth facts showing a default by Grantor under
Beneficiary to the following items in the order set forth: this numbered paragraph, is authorized to accept as true and
(i) ground rents, if any, taxes, special assessments, fire and other conclusive all facts and statements therein, and to act thereon
hazard insurance premiums; hereunder.
(ii) interest on the note secured hereby; and
(iii) amortization of the principal of the said note. 7. Not to remove or demolish any building or improvement
Any deficiency in the amount of any such aggregate monthly thereon.
payment shall, unless made good prior to the due date of the next
such payment, constitute an event of default under this Deed of 8. To comply with all laws, ordinances, regulations, covenants,
Trust. conditions, and restrictions affecting said property.
3. In the event that any payment or portion thereof is not paid 9. To provide and maintain insurance against loss by fire and
within fifteen (15) days from the date of the same is due, Grantor other hazards, casualties, and contingencies including war damage
agrees to pay a "late charge" of four cents (4¢) for each dollar so as may be required from time to time by the Beneficiary in such
overdue, if charged by Beneficiary. amounts and for such periods as may be required by the
Beneficiary, with loss payable to the Beneficiary and Grantor, as
4. if the total of the payments made by Grantor under (a) of their interests may appear, and to deliver all policies to Beneficiary,
paragraph 2 preceding shall exceed the amount of payments which delivery shall constitute an assignment to Beneficiary of all
actually made by Beneficiary for ground rents, taxes or return premiums.
assessments, or insurance premiums, as the case may be, such
excess, if the loan is current, at the option of the Grantor, shall be 10. To appear in and defend any action or proceeding
credited on subsequent payments to be made by Grantor, or purporting to affect the security hereof or the rights or powers of
refunded to the Grantor. If, however, the monthly payments made Beneficiary or Trustee; and should Beneficiary or Trustee elect to
under (a) of paragraph 2 preceding shall not be sufficient to pay also appear in or defend any such action or proceeding, to pay all
ground rents, taxes, and assessments, and insurance premiums, as costs and expenses, including cost of evidence of title and attorney's
the case may be, when the same shall become due and payable, then fees in a reasonable sum incurred by Beneficiary or Trustee.
Grantor shall pay to Beneficiary any amount necessary to make up
the deficiency on or before the date when payment of such ground 11. To pay at least 10 days before delinquency all assessments
rents, taxes, assessments, or insurance premiums shall be due. If at upon water company stock, and all rents, assessments and charges
any time Grantor shall tender to Beneficiary. in accordance with the for water, appurtenant to or used in connection with said property;
provisions hereof, full payment of the entire indebtedness secured to pay, when due, all encumbrances. charges, and liens with
hereby, Beneficiary shall, in computing the amount of indebtedness, interest, on said property or any part thereof, which at any time
credit to the account of Grantor any balance remaining in the funds appear to be prior or superior hereto; to pay all costs. fees, and
accumulated under the provisions of (a) of paragraph 2 hereof. If expenses of this Deed of Trust.
there shall be a default under any of the provisions of this Deed of
Trust and thereafter a sale of the premises in accordance with the 12. To pay immediately and without demand all sums expended
provisions hereof, or the Beneficiary acquires the property hereunder by Beneficiary of Trustee, with interest from date of
otherwise after default, Beneficiary shall apply, at the time of the expenditure at the rate provided on the principal debt, and the
commencement of such proceedings, or at the time the property is repayment thereof shall be secured hereby.
otherwise acquired, the balance then remaining in the funds
accumulated under (a) of paragraph 2 preceding, as a credit against 13. To do all acts and make all payments required of Grantor
the amount of principal then remaining unpaid under said note. and of the owner of the property to make said note and this Deed
Page 2 of 4 pages ... - _: _
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T r .....
of Trust t ion l - for insurance Act amendments thereto, and agrees notice, either any by or y a receiver to be appointed
of the to Not o c cause or suffer Act
urity for
not to do, or use or suffer to be done, any act which will void bhe8ndebtedness hereby sec�ured� enter uponaany take po of
such insurance during the existence of this Deed of Trust.
said property or any part thereof, in his own name sue for or
It is Mutually Agreed that: otherwise collect such rents, issues and profits, including those past , less costs
nses of
14. Should Grantor fail to make any payment or to do any act due n unpaid, o ad apply the s g reasonable a d e secs, u pon
as herein provided, then Beneficiary or Trustee, but without operation
obligation so to do and without notice to or demand upon Grantor any ind
determine. secured
enter her
upon and taking g possession of said Beneficiary eby, and in such order as
and without releasing Grantor from any ob:igation hereof, may: ro rt the collection of such rents, issues and profits and the
Make or do the same in such manner and to such extent as either property, rty, the e collection i n of such
shall not u issues
cure or waive any default
may deem necessary to protect the security hereof, Beneficiary or or notice of default hereunder or invalidate any act done pursuant
Trustee being authorized to enter upon the property for such to such notice.
purposes; commence, appear in and defend any action or
proceeding purporting to affect the security hereof or the rights or 20 Upon default by Grantor in payment of any indebtedness
powers of Beneficiary or Trustee; pay, purchase, contest, or P
compromise any encumbrance, charge, or lien which in the secured hereby or in performance of any agreement hereunder, or
judgment of either appears to be prior or superior hereto; and in should this Deed and said note not be eligible for insurance under
exercising any such powers, incur any liability, expend whatever the National Housing Act within three (3
amounts in its absolute discretion it may deem necessary therefor, the date hereof (written statement of any officer of the Department
including costs of evidence of title, employ counsel, and pay his of Housing and Urban Development or authorized agent of the
reasonable fees. Secretary of Housing and Urban Development dated subsequent
to three (3) months' time from the date
15. Should the property or any part thereof be taken or of this Deed of Trust, declining to insure said note and this Deed of
damaged by reason of any public improvement or condemnation Trust, being deemed conclusive proof of such ineligibility), or
proceeding, or damaged by fire, or earthquake, or in any other should the commitment of the Department of Housing and Urban
manner, Beneficiary shall be entitled to all compensation, awards Development to insure this loan cease to be in full force and effect
and other payments or relief therefor, and shall be entitled at its for any reason whatsoever, Beneficiary may declare all sums
option to commence, appear in, and prosecute in its own name, any secured hereby immediately due and payable by delivery to Trustee
action or proceedings, or to make any compromise or settlement, in of written declaration of default and demand for sale, and of
connection with such taking or damage. All such compensation, written notice of default and of election to cause the property to be
awards, damages, rights of action and proceeds, including the sold, which notice Trustee shall cause to be duly filed for record.
proceeds of any policies of fire and other insurance affecting said Beneficiary shall also deposit with Trustee this Deed of Trust, the
property, are hereby assigned to Beneficiary, who may after note and all documents evidencing expenditures secured
deducting therefrom all its expenses, including attorney's fees, hereby.Notwithstanding the foregoing, this option may not be
release any moneys so received by it or apply the same on any exercised by the Beneficiary when the ineligibility for insurance
indebtedness secured hereby. Grantor agrees to execute such further under the National Housing Act is due to the Beneficiary's failure
assignments of any compensation, award, damage, and rights of to remit the mortgage insurance premium to the Department of
• action and proceeds as Beneficiary or Trustee may require. Housing and Urban Development.
16. By accepting payment of any sum secured hereby after its 21. After the lapse of such time as may then be required by law
due date, Beneficiary does not waive its right either to require following the recordation of said notice of default, and notice of
prompt payment when due of all other sums so secured or to sale having been given as then required by law, Trustee, without
declare default for failure to pay. demand on Grantor, shall sell said property at the time and place
fixed by it in said notice of sale, either as a whole or in separate
17. At any time and from time to time upon written request of parcels, and in such order as it may determine (but subject to any
Beneficiary, payment of its fees and presentation of this Deed of statutory right of Grantor to direct the order in which such
Trust and the note for endorsement (in case of full reconveyancc, property, if consisting of several known lots or parcels, shall be
for cancellation and retention), without affecting the liability of any sold), at public auction to the highest bidder for cash in lawful
person for the payment of the indebtedness Trustee may (a) consent money of the United States, payable at time of sale. Trustee may
to the making of any map or plat of said property; (b) join in postpone sale of all or any portion of said property by public
granting any easement or creating any restriction thereon; (c) join announcement at such time and place of sale, and from time to time
in any subordination or other agreement affecting this Deed of thereafter may postpone the sale by public announcement at the
Trust or the lien or charge thereof; (d) reconvey, without warranty, time fixed by the preceding postponement. Trustee shall deliver to
all or any part of the property. the purchaser its Deed conveying the property so sold, but without
The Grantee in any reconveyance may be described as the any covenant or warranty, express or implied. The recitals in this
"person or persons legally entitled thereto," and the recitals therein Deed of any matters or facts shall be conclusive proof of the
of any matters or facts shall be conclusive proof of the truthfulness truthfulnness thereof. Any person, including Grantor, or
Beneficiary, may purchase at the sale. After deducting all costs,
thereof. fecs, and expenses of Trustee and of this trust, including cost of title
18. As additional security, Grantor hereby assigns to evidence and reasonable attorney's fees, in connection with sale,
Beneficiary during the continuance of these trusts, all rents, issues, Trustee shall apply the proceeds of sale to the payment of all sums
royalties, and profits of the property affected by this Deed of Trust expended under the terms hereof not then repaid, with accrued
and of any personal property located thereon. Until Grantor shall interest at the rate provided on the principal debt; all other sums
default in the payment of any indebtedness secured hereby or in the then secured hereby; and the remainder, if any, to the person or
performance of any agreement hereunder, Grantor shall have the persons legally entitled thereto.
right to collect all such rents, issues, royalties, and profits earned 22. Beneficiary may, from time to time, as provided by statute,
prior to default as they become due and payable. appoint another Trustee in place and instead of Trustee herein
Page 3 of 4 pages '
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named, and thereupon the Trustee herein named shall be sale under any other Deed of Trust or of any action or proceeding
discharged and Trustee so appointed shall be substituted as Trustee in which Grantor, Beneficiary, or Trustee shall be a party, unless
hereunder with the same effect as if originally named Trustee brought by Trustee.
herein.
25. The term "Deed of Trust," as used herein, shall mean the
23. This Deed of Trust shall inure to and bind the heirs, same as, and be synonymous with, the term "Trust Deed," as used
legatees, devisees, administrators, executors, successors, and assigns in the laws of Oregon relating to Deeds of Trust and Trust Deeds.
of the parties hereto. All obligations of Grantor hereunder are joint Whenever used, the singular number shall include the plural, the
and several. The term "Beneficiary" shall mean the owner and plural the singular, and the use of any gender shall be applicable to
holder, including pledgees, of the note secured hereby, whether or all genders.
not named as Beneficiary herein.
26. As used in this Deed of Trust and in the note, "attorney's
24. Trustee accepts this Trust when this Deed of Trust, duly fees" shall include attorney's fees, if any, which shall be awarded by
e ted nd ackno . ledge. is made public ord as provided by an Appellate Court.
1 w • u • ee is not • bli:. ed o notify y p y hereto of pending
Michael D. Osborne Signature of Grantor. Melanie G. Osborne Signature of Grantor.
State of Oregon
County of Washington
1, the undersigned, a notary public for State of Oregon ,hereby certify that on this
29th day of October , 19 87 , personally appeared before me
MICHAEL D. OSBORNE AND MELANIE G. OSBORNE
to me known to be the individual described in and who executed the within instrument, and acknowledged that
they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes
therein mentioned.
Given under my hand and official seal the day and year last above written.
Notary blic in and for 1 to of Oregon.
My commission expires 2/21/89
Request for Full Reconveyance
Do not record. To be used only when note has been paid.
To: Trustee:
The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said note,
together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and
directed on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all
other evidences of indebtedness secured by said. Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to
reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder.
Dated , 19
Mail reconveyance to
State of Oregon
County of ss:
I hereby certify that this within Deed of Trust was filed in this office for Record on the day of
, A.D. 19 , at o'clock M., and was duly recorded in Book
of Record of Mortgages of County, State of Oregon, on
page
Recorder.
By
Deputy.
Page 4 of 4 pages
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• ti lAi06i0F TRUST.RIDER : - _
The Rider, dated the 28th d o f October , 19 87 ,
amends the Deed of Trust of even date by and between Michael D. Osborne
and Melanie G. Osborne, husband and wife
the Grantor, and Safeco Title Insurance Company of Oregon
the Trustee, and Rainier Bank Oregon, N.A.
the beneficiary, as FOLLOWS:
1. In Paragraph One, the sentence which reads as follows is deleted:
"Privilege is reserved to pay the debt in whole, or in an amount equal
to one or more monthly payments on the principal that are next due on
the Note, on the first day of any month prior to maturity: Provided,
however, that written notice on an intention to exercise such privilege
is given at least thirty (30) days prior to prepayment."
2. Paragraph One is amended by the addition of the following:
"Privilege is reserved to pay the debt, in whole or in part, on any
installment due date."
3. The following provision is added:
"The mortgagee shall, with the prior approval of the Federal Housing
Commissioner, or his designee, declare all sums secured by this mortgage
to be immediately due and payable if all or a part of the property is
sold or otherwise transferred (other than by devise, descent or operation
of law) by the mortgagor, pursuant to a contract of sale executed not
later than 24 months after the date of executation of this mortgage or
not later than 24 months after the date of a prior transfer of the
property subject to this mortgage, to a purchaser whose credit has
not been approved in accordance with the requirements of the Commissioner.
r
Michael D. Osborne
AlAtier'
Melanie G. Osborne
Signed, sealed and delivered in the presence of
-Ci( -
•
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