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13895 SW 104TH AVENUE 13895 SW DATH AVENUE w z LLQ Q H Q 3 U1 Ln 01 co C'7 I MUMMMUM ■ ■ ■ ■ Ree Bili a PARTY WALL nE:CI,ARATION Tt*A Avka"&o., J .W. Kosta and J . B. Kosta are the owners in fee of the followir;g described real property situated in the City � pot � l of Tigard , County of Washington, State of Oregon: ----- Lots 3 and 4 , '7o Square. 13865' ' 3Soo The owner is constructing on said premises a townhouse for sale to two different persons. The townhouse will consist of two separate dwelling units connected by a party wall . It is intended by the undersigned to create, in favor of each purchaser , an easement covering the party wall separating the two units. In order to protect each and every purchaser, his successors and assigns, the following easements on the townhouse and party wall located on the premises are hereby created: 1 . Party_Wall_Declaratian . The said dividing wall 1 hereby declares: to be a party wall between the adjoin'.ng residences erected on the property. 2 . Maintenance_ of Party Wall . The cost of mai.ntoi.ning the party wall shall he borne equally by the owners of each unit. 3 . Damage to Party Wall . In the event of damage or destruction of the party wall from any cause, other than the negligence of the unit owners, the then owners shall , at joi it expense, repair or rebuild the wall , and such party, -1- !� his successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either party' s negligence shall cause damage to or destruction of said wall, such negligent party shall bear the entire cost of repair or reconstruction. If either party shall nealect or refuse to pay his share, or all of such cost in case of negligence, the other party may have such wall repaired or restored and shall be entitled to have a ml-chanics lien on the premises of the party so faili.nq to pay for the amount of such defaulting party' s share of the repair or replace- ment cost. 4 . Drilling _Through Party _Wall . tither party shall have the right to break through the party wall for the purpose of repairing or restoring sewage, water , utilities, subject to the obligation to restore said wall to its previous structural condition, at hi :, own vxpellse, including payment to the adjoining owner of any damages negligently caused thereby. 5 . Easement. Neither party shall alter or change the party wall in any manner , interior decoration excepted, and the party wall shall remain in the same location as when erroted , and nach party to 1- 11A w,111 shall have a Irl- 1 11(. 1 ii,1 I ill 1 I1,i 1 11.1 r 1 (11 Ill(- 1,r m 1 : :, 40 11w other on which said party wall Ls located, for party wall purposes. �� . Coven,ints Running With thv Land. All Eanements -2- hereby created are and shall be perpetual and construed as covenants running with the land and each and every person accepting a deed to either lot shall be deemed to accept that deed with the understanding that each and every other purchaser is also bound by the provisions of this reclara- tion and each and every purchaser , by accepting a deed to either lot, shall thereby consent to and igree to be bound by the covenants of this agreement to the same extent as though he had signed this instrument. The undersigned , in executing and delivering deeds to said lots, shall insert in said conveyance , by reference , that the same are made subject to the terms, conditions, reservations and covenants contained in this Declaration designating the book and page number of the record of which this instrument is recorded. 7 . Weather-Proofing. Notwithstanding any of the provisions of this Declaration, any party whose negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the neces- sary protection against such elements. 8 . Arbitration_in the Event of An Dispute Arising Concernina the Party_Wall. Each party shall chose one arbitrator and such arbitrator shall chose one addition- al arbitrator and the dispute shall be arbitrated by the arbitrator so designated . The decision shall be by majority of all arbitrators and shall be binding on all parties thereto, their heirs and assigns. -3- U 9 . Attorney' s_Fees. In the event of litigation ari.si.rg out of this Declaration, the prevailing party shall [)o entitled to receive ftom the other party his reasonable attorney' s fees as determined at trial or upon appeal . IN WITNESS WHEREOF, the undersigned have executed this instrument on the _ 22 day of Januar__ : . 1981 . 7 ,t OSTA KOSTA J .W. Kosta and J . B . Kosta personally appeared befo,,e me this day and acknowledged the foregoing instrument to be their voluntary art and deed . 1 ♦.i J I Notary Publlcr for Oregon My Commission Expires.__,, -4- i BUILDING PERMIT APPJOATION TIGARD DATE L"J ,1g 20 • 3493 THE UNDERSIGNED HEREBY APP'ILIES=UH A PERMI FOR TI-11E WORK HEREIN INDICATED BUILDER PHONE ORAS SHOWN AND APPROVED IN THE ACCON ANYING PLANS ANG SPECIFICATIONS. OWNER P( ON� LOT N0. OWNER 3-Ent r-onstr• JOBADDRESS 13895 SW 1C4th AvfJ(iue _-- T — -- ARCHITECT w� s+�ms 5203 SE 28th ENGINEER BUILDER ADDRESS , Partlan ESIGNER R. loans DF3t3J.gn3 STRUCTURE [(NEW LJ REMODEL ❑ ADDITION I.1 REPAIR ❑ RENEWAL ❑ FIRE DAMAGE O DEMOLITION ® RESIDENCE ❑ COMM ❑ EDUCATIONAL ❑ GOV'T ❑ RELIGIOUS ❑ PATIO Cl CARPORT ❑ GARAGE ❑ STORAGE ❑ SLABCO FENCE OCCUPANCY H"3 LAND USE ZONE W Bim?BLDG,TYPE �N _FIRE ZONE=PLAN CHECK BY Alh_HEAT Construct single Cami dwelling w/111 detached gar go, 3 Bedrooms 1 Hath. Ne-Issue of Permit #3497 (1393b ;!.i 104th Avenue) SEINER PERMIT# 2311111 — 4750,00 -- - - - __ . JaIB��—4QU._§_q_&fts OCC.LOAD FLOOR LOAD 40 —HEIGHT 12 N0.STORIES _ .L AREA 1000N_O.BEDROOMS 3 _VALUE641,5O_O. Y BUILDING DEPARTMENT SETBACKS FRONT 20 REAR _ 24 LEFT SIDE 9 RIGHT SIDE 0 Permit $163.00 THIS PERMIT IS ISSU zD SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE,ZONING REGULATIONS AND '.LL APPLICABLE CODES AND OrIDINANCES, AND IT IS HEREBY AGREED THAT THE Plan Check 10.00 WORK WILL BE DO'S - IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE WITH ALL APPLICAB_E CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE Sub-total 173.00 RESTRICTIVE COVED ANTS CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS LICENSE.SEPARATE PERMITS REQUIRED FON SEWER,PLUMBING AND HEATING. State Tax 4 6.52 , '4LIU.Ur Total 51'19.52 SDC - , By PDC#I 1 ;;100.0n dh � _ APPLICA TAOI'RT nl — Approved duh Receipt No. fr ADDRES PHONE DATE INSP. TYPE INSPECTION REMARKS PLUMBING DAYE Contractor Permit No. .7tL F9 3�,;,e> h, >-3-F-V Rough-in Fixture 3o-i, Final HEATING Contractor Permit Na, Gas or Oil Rot.gh-in Final SEWER Final DRIVEWA*4 Final Storm Drainage (Rain Drain)Final Sidev%mik Curb&Street Final 6-16-9/ Approach MDG V PT.FINAL: -j�EMPORARYj CERTIFiCATE OCCUPANCY Final CERTIFICATE OCCUPANCYl Landscaping Zoning Final BUILDING PERMIT APPIL-ICA T ICON TIGAZ:) DATE • - �9 C/0 P-T TWE UNDERSIGNED HEREBY,-APPLIES FOR A PERM IT FOR TIME WORK HERFIN I',OICATED BUILDER PHONE ORAS SHOMN AND APPROVED IN THE ACCOtI PANNYING PLANS AN SPECIFICATIONS. OVINE?PHO •0;':`;E- �'L� C,:�OM1S� JOB ADDRESS I/ nQ J SUJ Q,�--��p LOT NO. �� jQ ARCHITECT - n < �_ ADDRESE320 %2�- (�_ DESII BUIL.�ER GNER-9-AeAv15�C�1j�h5 STRUCTURE NEW ❑ REMODEL _C AODIT!0N -_ REPAIR ❑ RENEWAL ❑ FIRE DAMAGE ❑ UEM IOLITION RESIDENCE C COMM ❑ ELIUCATICNAL '+1 GOVT C RELIGIOUS u PATIO C CARPORT C GARAGE C STORAGE ❑ SLAS❑ FENCE OCCUPANCY !(' J LAND USE ZONE R- BLDG TYPE __,FIREZONE PLAN CHECK BY BEAT _— ,40 SEWER PEnMITN — OCC.LOAD FLC)OR LOAD 4 HEIGHT 12 NO.ST0,11ES AREA /OUQ 140.B=_DROOMS 11ALUE#,1,560 BUILDING DEPARTMENT SET BACKS FRONT Z O REAR Z4 LEFT SICE_ RIGHT SIDE P^rm�t /63' THIO PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE,ZOt.:!dG ' REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND IT IS HEREBY AG;'EED THAT THE 'Ian Check_ WORK WILL BE DANE IN ACCORCANCE WITH V HE PLANS AND SPECIFICATIONS AND IN CO.I.IPLIANCE ��-- WITH ALL APPL'LA' LE COOT AND ORDINANCES. THE iSSUAtJCE OF THIS PERMIT DOES NOT 'NAIV !Su`_✓tctal -- _/ /t• RESTRICTIVE CU'.r-NA ITS. CONTRACTOR AND SUB CONitiACT0:,3 TO HAVE CUFMENT CITY BUSINESS LICENSE.SEPARATE PER.MiTS REQUIRED FCA SEWER,PLUMBING AND HEATING. 6 ma Tax - S 2 ( ohe y.2 Soc - 91'A Total -.1 r _ _ PDC# APPLICANT OR AGENT ---� Y �i --- A�,,roved Receipt r•o. ADDRESS —� ��� PMCNE DC I Qr 'EWER CONNECTION 7�g c JER IN'SPELTILN .a r EWER SURCHARGE S nm•i nf1� Q \�`JVN� Iel� �C�.� ���,� 2 6 `�/`N \� TW\ .q)A)lWR �R• ��Q.O��CJ+�s 1 , 4zq.