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MIS1997-00005 • ANiv CITY OF TIGARD May 16, 1997 OREGON Dennis and Nancy Worznisk 13493 SW 75th Place Tigard, OR 97223 Re: MIS 97-0005/Accessory storage shed Dear Mr. and Mrs. Worznisk This letter is in response to your request for approval of a 520 square foot, 12 foot tall accessory structure. The Director has approved this structure finding that it meets the approval standards of Section 18.144 of the Tigard Communi Development Code. The structure is on a parcel of land that is smaller than 2.5 acres and zoned R3.5. The structure as proposed does not encroach into the five-foot side yard and rear yard setback required for accessory structures in residential districts. The structure also does not exceed 30 feet in height or 528 square feet in size. There are no identified sensitive lands. Therefore, it meets the requirements of the applicable development code sections for this type of use. You are required to obtain building permits for this construction. Please submit a copy of this letter of approval with your request for building permits. Also, please feel free to contact me concerning this information if you have any questions. Sincerely, Julia Powell Hajduk Associate Planner i:\curpinljulialworzinis.doc c: MIS 97-0005 land use file Development Services Technicians • 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 ,j aN N • .-ACCESSORY STRUCTURE L APPLICATION . CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION PRE-APP. HELD WITH: 1X PL OF PRE-APP.: Property Address/Location: /35193 ,s IA) '7 s PL FOR STAFF USE ONLY Tax Map&Tax Lot#(s): b .25 - 5300 (/Acr (r.t 25 1 ofD Case No.(s): (5 7 7 -2 Site Size: Other Case No.(s): - Property Owner/Deed Holder(s)': beNNi c `t" IVAav(' Wo,ZivioL. Receipt No.:. I L-7 53 Address: 13 ' '736')S t 9S1-& PL Phone: Goa "ZZ Z$ Application Accepted By City: I r,9QO dl d tQ Zip: q'7 2Z3 Date: .6- l2- 97 Applicant*: — Address: — Phone: Date Determined To Be Complete::;';;:; City: — Zip: Comp Plan/Zone Designation: *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this CIT Area: . form or submit a written authorization with this application. Rev.8/26/96 ilcurpintimasters■asa.doc PROPOSAL SUMMARY The owners of record of the subject property request an Accessory REQUIRED SUBMITTAL ELEMENTS Structure which is(please be specific): . st /o/ feet in height with an area of 5 �_ square feet. Application Elements Submitted: 0' Application Form its`s(/ c'4 S/tee.0, e- • Owner'sSignatureMiritten Authorization (provide any additional information here) a Title Transfer Instrument or Deed SAc _ o �,2 iJ �oL Site/Plot Plan s 4, re-r S� l e /24- 4 c '� yt of copies based on pre-app check list) > / v /� p Site/Plot Plan (reduced 8'/2 x 11") u rcf r�'i Cu J. 02 X`/ a u!s;�f e wr17t 0 Applicant's Statement(3 copies) /' // p Filing Fee$80.00 �� �1 CC fi f i�9 � lQ-°v�i��R4ri��- oc25, �. 0/G /"?elS�e 1 • List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request for all types of Land Use Applications.) THE APPLICANTS)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject 121:Q122111.. • 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. • 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. • 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. SIGNATURES of each owner of the subject property. DATED this /02 day of 744, 19 97 ("1.3").-A-1. Owner's Signature Owner's Signature l It . - • 4ALA/ Owner's Signa y ' Owner's Signature 2 - ' \ • : 1(.1A.) 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VALUE CHANGE NOTICE V A Real Market Value(RMV) Last Year This Year Code Area Account Number L RMV LAND 42 , 000 99 , 280 023 . 81 R2038094 U RMV STRUCTURE ( S) 0 251 , 840 Oregon Property Tax Year E TOTAL RMV 42 , 000 351 , 120 7/ 1/96 to 6/30/97 C County ASSESSED VALUE (AV ) WASHINGTON REAL H A AV LAND 42 , 000 99 , 280 Property Description (tvlap Number) N AV STRUCTURE ( S) 0 251 , 840 - Township I Flange 'Section I 114 i lox at I--..S-pncial Interest G E TOTAL AV 42 , 000 351 , 120 2S11DC-05300 __ _ __ _ ....... _ . Acres Property Class Pell !hitcher N EXEMPTION O . 48 1012 T NET ASSESSED VALUE 42 , 000 351 , 120 - - III 1 c 13493 SW 75TH PL E Property Taxes 583 . 32 4 , 860 . 76 WORZNIAK , DENNIS & NANCY . . and --- - . - — . .... ... . ... 7495 SW CHERRY PROPERTY TAX PAYMENT OPTIONS TIGARD , OR 97223 P ( 5c irlflor I lo ito:11 fiction!: find your ;wont rights) R Pay By niecfitrit Allowed Net Amount o PACIFIC RIDGE , LOT 5 & 6 , ACRES . 48 P In Full 11 / 15/96 145 . 82 3% 4 , 714 . 94 E 2/3 11 / 15/96 64 . 81 2% 3 , 175 . 70 R 1/3 11 / 15/96 NONE 0% 1 , 620 . 26 T Y DELINQUENT TAXES T Interest included !Nor iglu lax Year Amount A 11 / 15/96 SEE INSERT FOR APPEAL RIGITI S AND PAYMENT INSTRIJCTIONS Real property accounts with an 411 See Taxing Detail on back of statement S unpaid balance for arty tax year for Breakdown of Taxes By District T marked with an asterisk (') are A stioject 10 ir,!rci():;,,,e if not paid PLEASE MAKE PAYMENT TO: T on or before fk.flay 15. Any . rfayntents recoivod on this account 1 0"Delinquent Amount ASSESSMENT & TAXATION E tv11..)ti I he applied 10 detingireitt 0 . 00 P . O. BOX 3587 m 'axes Inst. PORTLAND , OR 97208 E N TCSIAL tAxEs °writ)on i i ils T AccouN I II-l'AIII I!'t't1(IVF mnr:1 1 15 , 4 , 714 . 94 Value Questions - Call 648-8826 Tax Questions - Call 648-8801 • Other Questions - Call 648-8741 . • Washington County Page 1 of 7 )(c). CV1 C 6; 4 cr 1 A— g ) -4 • • STATE OF OREGON SS , County of Washington • Jerry vein, •:caw of Assess- • ment and t• •ft County Clerk for •• • • rtify that the wit . asZeceived -A- ord: .of said ancodunItTe. - _ t Z' * =57;3.%161,1•:" .2,-/ z-f.•- tieurrN-Rrtiam irector of pesinight melon,Ex- ffiqkçquñiS Clerk Doc : 94026945 Rect: 118962 30. 00 03/21/1994 03: 25: 22PM • • • • • . • . 3-ai-94. DECLARATION OF RESTRICTIONS.CONDITIONS AND COVENANTS " _ MIDI : U. . . 1: 1 1/ ' • • DECLARATION OF RESTRICTIONS,CONDITIONS AND COVENANTS IS APPLICABLE TO LOTS 3.11,(EXCEPT THE NORTH 40 FEET OF LOT 3)AND TRACT A AND TRACT B OF PACIFIC RIDGE SUBDIVISION. WHEREAS THE PETRIE COMPANY OF OREGON INC.,AN OREGON CORPORATION HEREINAFTER REFERRED TO AS DECLARANT,IS OWNER OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF TIGARD, IN THE COUNTY OF WASHINGTON,IN THE STATE OF OREGON,KNOWN AS PACIFIC RIDGE SUBDIVISION,A DULY RECORDED PLAT. WHEREAS,THE DECLARANT IS DESIROUS TO DECLARE OF PUBLIC RECORD TTS INTENTIONS TO CREATE CERTAIN RESTRICTIVE CONDITIONS AND COVENANT TO THIS OWNERSHIP OF SAID PROPERTY: NOW,THEREFORE,THE DECLARANT DOES HEREBY CERTIFY AND DECLARE THAT TIM FOLLOWING RESTRICTIONS,CONDTITONS AND COVENANTS SHALL BECOME AND ARE HEREBY MADE A PART OF ALL CONVEYANCES OF LOTS#3-11 AND TRACT A AND TRACT. B WITHIN THE PLAT OF PACIFIC RIDGE RECORDED ON JANUARY 21,1994 PLAT BOOK 89,PAGE 21 OF THE PLAT RECORDS OF WASHINGTON COUNTY OREGON AND THAT THE RESTRICTIONS, CONDITIONS AND COVENANTS SHALL BY REFERENCE BECOME A PART OF ANY SUCH CONVEYANCES AND SHALL APPLY THERETO AS FULLY AND WITH THE SAME EFFECT AS IF SET FORTH AT LARGE THEREIN. ARTICLE I PROPERTY SUBJECT TO THESE COVENANTS (1) INITIAL DEVELOPMENT DECLARANT HEREBY DECLARES THAT ALL OF THE REAL PROPERTY DESCRIBED ABOVE IS HELD AND SHALL BE HELD,CONVEYED,HYPOTHECATED,ENCUMBERED,USED,OCCUPIED AND IMPROVED SUBJECT TO THESE COVENANTS. ARTICLE II RESIMEIIIALCCLYEDIAMS (1) LAND USE AND BUILDING TYPE NO LOT SHALL BE USED EXCEPT FOR RESIDENTIAL PURPOSES. NO BUILDING SHALL BE ERECTED,ALTERED,PLACED OR PERMITTED TO REMAIN ON ANY LOT OTHER THAN ONE DETACHED SINGLE FAMILY DWELLING NOT TO EXCEED TWO AND ONE HALF(2 1/2)STORIES IN HEIGHT AND AN ATTACHED PRIVATE GARAGE FOR NOT LESS THAN TWO(2)CARS. THE FOREGOING PROVISIONS SHALL NOT EXCLUDE :i' w•) - V; Si V Si OF . PRIVATE DI •OU' ' •RAGE SHED,PRIVATE SWIMMING POOL,HOT TUB,GAZEBO,OR FOR THE STO . /OR CAMPING TRAILER KEPT FOR PERSONAL USE,PROVIDED THE LOCATION OF SUCH STRUCTURE IS IN CONFO' ,.1 WITH THE APPLICABLE L l J. •41'AL REGULATIO'S,AND IS COMP I: ' "` )ESIGN AND DECO*/ • ` '` : THE RESIDENCE CONSTRUCTED ON SUCH LOT. RETURN TO: PAGE ONE OF SIX 1\ .First American Titi Insurance Company ' 9FF4 N IV 1 rft•. n.,,, o..:._ . • • THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO PROHIBIT THE RIGHT OF ANY HOME BUILDER TO CONSTRUCT RESIDENCES ON ANY LOT,TO STORE CONSTRUCTION MATERIALS AND EQUIPMENT ON SAID LOTS IN THE NORMAL COURSE OF CONSTRUCTION. ALL BUILDINGS CONSTRUCTED SHALL CONFORM TO EXISTING CITY OF TIGARD BUILDING AND ZONING CODES. (2) REELLIEGAIIZE THE GROUND FLOOR AREA OF THE MAIN STRUCTURE EXCLUSIVE OF ONE STORY OPEN PORCHES AND GARAGES,SHALL NOT BE LESS THAN 1500 SQUARE FEET FOR A ONE STORY DWELLING,NOR SHALL THE GROUND FLOOR LEVEL BE LESS THAN 1efELSQUARE FEET FOR A TWO STORY DWELLING. THE TOTAL LIVING LEVELS OF MULTILEVEL DWELLINGS SHALL NOT BE LESS THAN A TOTAL OF 1800 SQUARE FEET. (3) EASEMENTS EASEMENTS FOR INSTALLATION AND MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES ARE RESERVED ON THE RECORDED PLAT. (4) NUISANCES NO NOXIOUS OR OFFENSIVE ACTIVITY SHALL BE CARRIED ON UPON ANY LOT,NOR SHALL ANYTHING BE DONE THEREON WHICH MAY BE OR MAY BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. (5) PARKING PARKING OF BOATS,TRAILERS,MOTORCYCLES,ONE TON OR LARGER TRUCKS, TRUCK-CAMPERS,MOTOR HOMES OF ANY KIND, AND THE LIKE EQUIPMENT SHALL NOT BE ALLOWED ON ANY PART OF SAID PROPERTY NOR TRACT A OF THE PLAT(S.W.75TH CT.),NOR ON PUBLIC WAYS ADJACENT THERETO EXCEPTING WHEN PARKED WITHIN THE CONFINES OF AN ENCLOSED GARAGE,STORAGE PORT OR BEHIND A SCREENING FENCE OR SHRUBBERY WHICH SHALL IN NO EVENT PROJECT BEYOND THE FRONT WALLS OF ANY DWELLING OR GARAGE. (6) VEHICLES IN DISREPAIR NO OWNER SHALL PERMIT ANY VEHICLE WHICH IS IN ANY STATE OF DISREPAIR TO BE ABANDONED OR TO REMAIN PARKED UPON ANY LOT OR ON TRACT A(75TH CT.) FOR A PERIOD IN EXCESS OF TWENTY FOUR(24)HOURS. A VEHICLE SHALL BE DEEMED TO BE IN A "STATE OF DISREPAIR"WHEN ITS PRESENCE OFFENDS THE OCCUPANTS OF THE NEIGHBORHOOD. (7) FENCES AND HEDGES AS DEFINED IN THIS SECTION"FENCING"SHALL MEAN ANY BARRIER OR WALL OTHER THAN NATURAL LIVING ORGANIC VEGETATION,INCLUDING TREES AND SHRUBS. PLANTING OR SITE OBSCURING FENCES SHALL NOT EXCEED FOUR(4)FEET IN HEIGHT IN THE FRONT YARD OR ON SIDE LOT LINES FORWARD OF THE BUILDING LINE WITH THE GREATEST SETBACK ON THE LOT OR THE ADJOINING RESIDENTIAL LOT. THE MAXIMUM HEIGHT OF A SIGHT OBSCURING FENCE LOCATED ON THE REMAINDER OF THE LOT SHALL BE SIX(6) PAGE TWO OF SIX • • • FEET. FENCES SHALL BE WELL CONSTRUCTED OF SUITABLE WOOD FENCING MATERIALS •AND SHALL NOT DETRACT FROM THE APPEARANCES OF THE DWELLING HOUSES LOCATED ON ADJACENT LOTS OR BE OFFENSIVE TO THE OWNERS OR OCCUPANTS THEREOF. NO CYCLONE FENCES OF ANY KIND ARE ALLOWED. (S) NO SIGNS SHALL BE ERECTED ON ANY LOT EXCEPT THAT NOT MORE THAN ONE"FOR SALE"SIGN PLACED BY OWNER,THE DECLARANT OR BY A LICENSED REAL ESTATE AGENT, NOT EXCEEDING TWENTY FOUR(24)INCHES HIGH AND THIRTY SIX INCAS LONG,MAY BE TEMPORARY DISPLAYED ON ANY LOT. THIS RESTRICTION SHALL NOT PROHIBIT THE TEMPORARY PLACEMENT OF"POLITICAL"SIGNS ON ANY LOT BY THE OWNER,OR THE PLACEMENT OF A PROFESSIONAL SIGN BY DECLARANT,WHICH MUST COMPLY WITH THE CITY OF TIGARD SIGN ORDINANCES. (9) TEMPORARY STRUCTURES NO STRUCTURE OF A TEMPORARY CHARACTER,TRAILER,BASEMENT,SHACK,GARAGE, BARN,OR OTHER OUTBUILDING SHALL BE USED ON ANY LOT AT ANY TIME AS A RESIDENCE WHETHER TEMPORARILY OR PERMANENTLY. TENTS USED FOR RECREATIONAL PURPOSES ARE LIMITED TO SEVEN(7)CONSECUTIVE DAYS AND CAN ONLY BE PLACE IN THE REAR YARDS OF LOTS 3-11 AND ONLY IF SAID LOT IS COMPLETELY FENCED ON THE REAR AND SIDE YARDS OF THE LOT. (10) LIVESTOCK AND POULTRY NO ANIMALS,LIVESTOCK OR POULTRY OF ANY KIND SHALL BE RAISED,BRED OR KEPT ON ANY LOT EXCEPT A REASONABLE NUMBER OF DOGS,CATS,OTHER HOUSEHOLD PETS MAY BE KEPT PROVIDED THEY ARE NOT KEPT,BRED,OR MAINTAINED FOR ANY COMMERCIAL (11) GARBAGE AND REFUSE DISPOSAL NO LOT OR TRACT SHALL BE USED OR MAINTAINED AS A DUMPING GROUND FOR RUBBISH. TRASH,GARBAGE OR OTHER EQUIPMENT FOR THE STORAGE OR DISPOSAL OF SUCH MATERIALS SHALL BE KEPT IN A CLEAN AND SANITARY CONDITION. (12) j ALL PLUMBING FACILITIES SHALL COMPLY WITH THE REQUIREMENTS OF THE PLUMBING CODES OF THE CITY OF TIGARD. NO OUTDOOR OVERHEAD WIRE OR SERVICE DROP FOR THE I;.1: y1 • ► • ' 4M; AO' ; ey • ; ; 1 .80 „10116. V • ► ' 1; .•.: • • ; : .1 �• ' • ./ ; • ; • 1:1' ; ' 1; Mr 1; '111' i• ; 14 : 11 • )1L•:• ; • / • ; b1 1 ' . 44 I • ; 0 : 41 . I\PSI :/01:11► kI;l ; 11. 111:/.1A; • .• !� ./01:14, 1:1 - 1: I L/ .I • I. 1:1 It :1 It . I 404 ..-. .• ; , .11 �, . .3: 1■ I ; ; • J.11 Y/ •1 ./1; '. • .b 1:1' 1; ; ' 01 . ►II 1:1' 'fi; *11 1; • 1! 1.1 ; • . • 0:1 1.11 ; : • 101 A1; • ; 0' ' 4: • .1' 001 ' : • ; • / 1 1 . • 1 II I -.1:I .' • ; 1 • 1; : 1. toI '.' U► • ; ; ',MAL/I► I A/ •1 .'. : ►II • ; • ./ • : ►1 ,1I►11 • . ; ',WOO 1. . 01;1 ; 11_ • 1: I L/.'1 • . (13) MAINTENANCE ALL LOTS,AT ALL TIMES,SHALL BE KEPT IN A NEAT AND ORDERLY CONDITION FREE OF BRUSH,VINES,WEEDS,DEBRIS,AND THE GRASS THEREON CUT OR MOWED AT SUFFICIENT INTERVALS TO PREVENT CREATION OF A NUISANCE OR FIRE HAZARD. PAGE THREE OF SIX • • • (14) BUSINESS AND COMMERCIAL USES NO GOODS,EQUIPMENT,VEHICLES,MATERIALS OR SUPPLIES USED IN CONNECTION WITH ANY TRADE,SERVICE OR BUSINESS SHALL BE KEPT OR STORED OUTSIDE OF THE HOUSE OR GARAGE ON ANY LOT,EXCEPTING THE RIGHT OF ANY HOME BUILDER AND THE DECLARANT TO CONSTRUCT RESIDENCES ON ANY LOT,TO STORE CONSTRUCTION EQUIPMENT AND MATERIALS ON SAID LOTS IN THE NORMAL COURSE OF SAID CONSTRUCTION. (15) LANDSCAPE COMPLETION ALL FRONT YARD LANDSCAPING MUST BE COMPLETED WITHIN SIX(6)MONTHS FROM THE DATE OF POSTING NOTICE OF COMPLETION OR THE DATE OF OCCUPANCY OF THE RESIDENCE CONSTRUCTED THEREON,WHICHEVER OCCURS FIRST. (16) ANTENNAS AND SERVICE FACILTTIL EXTERIOR ANTENNAS SHALL NOT BE PERMITTED TO BE PLACED UPON THE ROOF OF ANY STRUCTURE ON ANY LOT. CLOTHES LINES AND OTHER SERVICE FACILITIES SHALL BE SCREENED SO AS NOT TO BE VIEWED FROM THE STREET OR OTHER LOTS. ANTENNA SATELLITE DISHES ARE NOT ALLOWED ON ANY LOT. (17) EXTERIOR MATERIALS AND FACILITIES EACH DWELLING SHALL BE CONSTRUCTED WITH A MINIMUM SQUARE FOOTAGE PER ARTICLE II,PARAGRAPH 2,FULLY FINISHED,EXCLUDING NON-HABITABLE APPURTENANCES SUCH AS GARAGES OR ENCLOSED PORCHES. EACH DWELLING SHALL BE CONSTRUCTED USING CONVENTIONAL DOUBLE WALL WOOD FRAMING. - SIDING MATERIAL SHALL BE NATURAL WOOD MATERIAL OR HAVE THE APPEARANCE OF NATURAL WOOD,MASONRY BRICK,STONE,STUCCO,OR A COMBINATION OF THESE. T-111 TYPE SIDING OF ANY KIND IS NOT ALLOWED. LP SIDING IS ALLOWED. PLYWOOD PANEL SIDING WILL NOT BE ALLOWED. ASPHALTIC COMPOSITION ROOFING MATERIAL WILL BE PERMITTED ONLY IF THE TYPE AND COLOR IS APPROVED BY THE DECLARANT. ANY ROOFING MATERIAL OTHER THAN WOOD OR TILE WILL BE SUBJECT TO THE APPROVAL OF THE DECLARANT. NO ALUMINUM WINDOW FRAMES OF ANY KIND WILL BE PERMITTED. THE LOCATION,COLOR,SIZE,DESIGN,OR OTHER PARTICULARS FOR PAPER DELIVERY BOXES SHALL BE SUBJECT TO APPROVAL OF THE DECLARANT. ARTICLE al ARCHITECTURAL CONTROL (1) ARCHITECTURAL CONTROL SHALL BE BY THE DECLARANT. ALL PLANS AND SPECIFICATIONS OF HOUSES TO BE CONSTRUCTED IN PACIFIC RIDGE SHALL BE APPROVED BY THE DECLARANT. IN THE EVENT THAT THE DECLARANT FAILS TO APPROVE OR DISAPPROVE OF THE PLANS AND SPECIFICATIONS WITHIN THIRTY(30)DAYS AFTER THEY HAVE BEEN SUBMIITTED,OR IN ANY EVENT,IF NO SUIT TO ENJOIN CONSTRUCTION HAS BEEN COMMENCED PRIOR TO THE COMPLETION THEREOF,APPROVAL WILL NOT BE REQUIRED AND THE RELATED COVENANTS SHALL BE DEEMED TO HAVE BEEN FULLY COMPLIED WITH. PAGE FOUR OF SIX - aal-111 • • ARTICLE N GENERAL PROVISIONS (1) TERM THESE COVENANTS ARE TO RUN WITH THE LAND AND SHALL BE BINDING ON ALL PARTIES AND ALL PERSONS CLAIMING UNDER THEM UNTIL AMENDED OR REVOKED IN THE MANNER PROVIDED HEREIN. THESE COVENANTS CAN BE TERMINATED AND REVOKED OR AMENDED ONLY BY DULY RECORDING AND INSTRUMENT WHICH CONTAINS AN AGREEMENT PROVIDING FOR TERMINATION AND REVOCATION OR AMENDMENT,AND WHICH IS SIGNED BY THE OWNERS OF A MAJORITY OF ALL OF THE PLATTED LOTS IN PACIFIC RIDGE. (2) ENFORCEMENT SHOULD ANY PERSON VIOLATE OR ATTEMPT TO VIOLATE ANY OF THE PROVISIONS OF THESE COVENANTS,ANY PERSON OR PERSONS OWNING ANY REAL PROPERTY EMBRACED WITHIN THE PLAT,INCLUDING THE DECLARANT,AT ITS OR THEIR OPTION,SHALL HAVE FULL POWER AND AUTHORITY TO PROSECUTE ANY PROCEEDING AT LAW OR IN EQUITY AGAINST THE PERSON OR PERSONS VIOLATING OR ATTEMPTING TO VIOLATE ANY OF SAID COVENANTS,EITHER TO PREVENT THE DOING OF SUCH OR TO RECOVER DAMAGES SUSTAINED BY REASON OF SUCH VIOLATION. FAILURE BY ANY OWNER TO ENFORCE ANY COVENANT OR RESTRICTION HEREIN CONTAINED SHALL IN NO EVENT BE DEEMED A. WAVER OF THE RIGHT TO DO SO THEREAFTER. (3) EXPENSES AND ATTORNEY'S FEES IN THE EVENT ANY PERSON OR PERSONS OWING ANY REAL PROPERTY EMBRACED WITHIN THE PLAT OF PACIFIC RIDGE INCLUDING THE DECLARANT,SHALL BRING ANY SUIT OR ACTION TO-ENFORCE THESE COVENANTS,THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS AND EXPENSES INCURRED BY HIM IN CONNECTION WITH SUCH SUIT OR ACTION,INCLUDING SUCH AMOUNTS AS THE COURT MAY DETERMINE TO BE REASONABLE ATTORNEY'S FEES AT TRIAL AND UPON APPEAL THEREAFTER (4) SEVERABILITY INVALIDATION OF ANY ONE OF THESE COVENANTS BY JUDGMENT OR COURT ORDER SHALL IN NO WAY AFFECT ANY OF THE OTHER PROVISIONS WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. PAGE FIVE OF SIX 84046940 a--a1414. s • • • (5) LIMITATION OF LIABILITY OF DECLARANT NEITHER DECLARANT NOR ANY OFFICER OR SHAREHOLDER THEREOF SHALL BE LIABLE TO ANY OWNER OR THIRD PARTY ON ACCOUNT OF ANY ACTION OF DECLARANT OR ON ACCOUNT OF ANY FAILURE OR REFUSAL TO ACT OF DECLARANT,IN PERFORMING ANY DUTIES SPECIFIED HEREIN. IN ANY EVENT, THE OBLIGATIONS OF DECLARANT,AS EXPRESSED HEREIN,SHALL TERMINATE AS OF THE DATE DECLARANT OR PACIFIC RIDGE INC.(IF DECLARANT TRANSFER OWNERSHIP OF LOTS 0 4&M 8 TO PACIFIC RIDGE INC.) CONCLUDES ITS SALE OF LOTS M 4,&M 8 IN PACIFIC RIDGE SUBDIVISION,ALTHOUGH THE CONVENANTS EXPRESSED HEREIN CONTINUE TO RUN WITH THE LAND AND CONTINUE TO BE BINDING UPON,AND ENFORCEABLE BY,THE PROPERTY OWNERS OF PACIFIC RIDGE. SUBDIVISION. IN WITNESS WHEREOF THE UNDERSIGNED BEING THE DECLARANT HEREIN,HAS HERETO SET ITS HAND ON THE 1'`r'DAY OF MARCH 1994. THE PETRIE COMPANY QF()SEWN INC.,(AN OREGON CORPORATION) BY: Ct CRAIG A.P ITS: PRESIDENT THIS CERTIFIES THAT ON THE ILDAY OF MARCH,1994 BEFORE ME APPEARED CRAIG A. PETRIE WHO BEING DULY SWORN DID SAY THAT HE IS THE PRESIDENT OF THE PETRIE COMPANY OF OREGON INC.AND ACKNOWLEDGED TO ME THAT HE EXECUTED THIS DOCUMENT FREELY AND VOLUNTARILY AND AS AN INDIVIDUAL. NOTARY PUBLIC FOR OREGON OFFICIAL SEAL. JUDITH K.LYNN MY COMMISSION EXPIRES ON 1- 1 NOTARY PUBLIC OREGON MY COMMI(i1I0N t-oilin@ MANN 1,1M1 • AFTER RECORDING RETURN TO: THE PETRIE COMPANY OF OREGON INC. 9600 S.W.CAPITOL HIGHWAY PORTLAND OREGON 97219 PAGE SIX OF SIX 840200