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MLP1995-00010 NOTICE OF DECISION MINOR LAND PARTITION MLP 95 -0010 ADAMS /LINDQUIST - OWNER /APPLICANT APPLICATION: The applicant requests approval to partition an existing parcel of .55 acres into three parcels of approximately 6,330, 6,925 and 7,204 and a separate private street tract. ZONE: R -12 (Medium Density Residential) LOCATION: Approximately 114 west of the intersection of SW 98th Street and SW Greenburg Road. (WCTM 181 35CA, tax lot 1101). APPLICABLE LAW: Community Development Code Chapters 18.54, 18.102 18.108, 18.150, 18.162, and 18.164. DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has recommended APPROVAL of Minor Land Partition 95 -0010 SUBJECT TO CERTAIN CONDITIONS as listed below. SECTION I - CONDITIONS OF APPROVAL: THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON, ENGINEERING DIVISION: Recommendations: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO 1. The applicant shall construct a public sanitary sewer main extension to provide individual service laterals for each proposed lot. The plans for the sewer shall be prepared by a Professional Civil Engineer and the applicant shall obtain a Public Improvement permit. STAFF CONTACT: John Hagman, Engineering Department. 2. The applicant shall include the new driveway construction and any other work within the City right -of -way in the application for the Public Improvement Permit. STAFF CONTACT: John Hagman, Engineering Department. 3. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 1 .7 • . relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department. 4. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department. 5. Final Plat Application Submission Requirements: A. Three copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. C. The final original and two mylar copies shall be provided for the signature of the City Engineer. STAFF CONTACT: John Hadley, Engineering Department. 6. Prior to construction of any site improvements the applicant shall designate the trees to be preserved based on the recommendations of the consulting arborist. The consulting arborist shall also supervise the installation and maintenance of tree protection measures throughout site construction activities. STAFF CONTACT: Mark Roberts, Planning Division. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: 1. Provide the Engineering Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. 2. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or to the public street. STAFF CONTACT: David Scott, Building Division. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE: THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 2 • 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite /Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 3 • • F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. SECTION II - FINDINGS OF FACT: 1. Vicinity Information The new development site to be created is approximately 114 to the west of the intersection of SW 98th Street and SW Greenburg Road. Abutting properties in the area are also zoned for R -12 residential use and are largely developed with single - family residences. 2. Site Information and Proposal Description The applicant is requesting approval to partition an existing parcel which is currently vacant into three parcels, with an area of approximately 6,330, 6,925 and 7,204 square feet and a separate tract for use as a private street. 3. Agency Comments The Building Department reviewed this request and had the following comments concerning this proposal: 1. Lot 1 is expected to be able to drain to SW Greenburg Road. It appears that the public line in SW Greenburg may not be deep enough to service a line serving Lots 2 and 3. Structural fill may need to be provided on Lots 2 and 3 so that they can drain to Tract A. The Engineering Department reviewed this request and provided the following findings concerning this proposal. F'ndings: 1. Streets: The applicant proposes to provide access to the new lots with a private driveway connecting to SW Greenburg Road, a Major Collector as shown on the City Comprehensive Plan. The private driveway will be contained with in Tract "A ", and will be the NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 4 • • jointly owned and maintained by the future private property owners. SW Greenburg Road was improved to collector standards in 1992 and sufficient right -of -way was dedicated in 1990. No further street improvements or dedications are required, with the exception that the new driveway construction will require a street opening permit from the Engineering Department prior to the approval of the partition plat. 2. Sanitary Sewer: Sanitary sewer service is provided by the existing eight inch sewer located in SW Greenburg Road. The applicant should be required to extend the public main within Tract "A" to provide for individual service for each proposed lot and obtain a Public Improvement Permit from the Engineering Department for the new construction. The existing sewer main in SW Greenburg Road has sufficient capacity for the proposed development. 3. Storm Sewer: The site slopes in a southwesterly direction toward the adjoining improved property consisting of a multi - family development. The applicant shall direct the storm water generated by the proposed site development to a public system. If the applicant proposes to connect to the existing system in SW Greenburg Road, the applicant should provide a hydrology and hydraulic study that evaluates the capacity of the downstream system and the effects of the additional stormwater flow. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. Section 7.10b of the above noted Resolution and Order cites conditions under which the fee in -lieu may be accepted. Specifically, it provides, that if, "The site is small compared to the development plan, and the loss of area for the on -site facility would preclude the effective development. ", the fee may apply. It is our opinion that this site is consistent with this criteria, and we recommend that a fee in -lieu be required. The Police Department, the Maintenance Services Division, the Water Department, the Unified Sewerage Agency and Portland General Electric have reviewed this application and had no concerns or comments. SECTION III - ANALYSIS AND CONCLUSIONS: NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 5 • • Tree Removal: Section 18.150.020(E) requires a permit for removal of trees having a trunk six inches or more in diameter measured four feet above the ground level. A permit for tree removal must comply with the following criteria as specified in Section 18.150.030(A): 1. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; 2. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; 3. The trees are not needed to prevent erosion, instability, or drainage problems; 4. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; 5. The aesthetic character in the area will not be visually adversely affected by the tree removal; and 6. New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. Section 18.150 requires that the number of trees over six inches in diameter that will be removed during construction be minimized. The proposed construction of streets, utilities, and residences as well as related grading will require the removal of trees. A detailed tree survey plan and arborist report was submitted as part of this application. Based on a reconnaissance of the site the probable building pad locations will require additional tree removal to develop the site given the current alignment of streets which have been stubbed out to the site and the need to construct public utilities. With careful site planning approximately 19 of the 30 existing trees were deemed to be likely candidates for preservation. Criteria 1 and 2 are addressed because requiring all of the trees to be left in place would mean that limited development on this small infill site would be possible due to the number of trees which presently exist. The conditions of approval require that the consulting arborist review these issues as it relates to trees to be removed within fringe areas. NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 6 • • Criteria 4 has been addressed because the applicant's arborist states that a significant portion of the trees can be maintained and incorporated into the site. Criteria 5 has • been addressed because the aesthetic character of the larger area is not visually impacted because the site is not visually prominent due to the topography of the area. The applicant's arborist report addresses Criteria 6. Given the site constraints such as the types of improvements which are proposed to be constructed and the size and location of the existing trees on site there are limited areas where additional trees can be planted to replace those to be removed. Because the length of the proposed private street is in excess of 100 feet, street trees will be required to be planted adjoining the private street. Section 18.162.040 contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the city's comprehensive plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet city and applicable agency standards (Ord. 89 -06; Ord. 83 -52). The proposed parcels of approximately 6,330, 6,925 and 7,204 square feet comply with the Development Code requirements which implement the City's Comprehensive Plan. A separate Tract A is proposed to provide a private street access to the lots. Each proposed lot also complies with the 3,050 square foot lot minimum in accordance with Criteria #1 and Chapter 18.92. Upon completion of the review period the applicants request will have complied with the statutory requirements of the City of Tigard for review of this application as required by Criteria #2. Adequate public facilities are available or have been required to be provided to serve this site as set forth in NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 7 • • Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain) as required by Criteria #3 as reviewed within the Engineering Department's comments contained elsewhere within this report. Through the Building Permit review the roof and site drainage for the new homes to be built on the site will be required to be directed to a public facility. Prior to development a hydrology and hydraulics analysis will be required to analyze impacts to upstream and downstream properties. The new parcels do not exceed a two and one half to one length to depth ratio. All three parcels also exceed 3,050 square feet in size. The proposed parcel configurations conform with size and dimensional requirements of the R -12 Zoning District as required by Criteria #4. All proposed improvements will comply with City and applicable agency standards in satisfaction with Criteria #5 as reviewed through the building permit plan check review process. Two of the newly created parcels comply with the basic solar access requirement which is that 80% of all newly created lots shall have a minimum north -south dimension of 90 feet. Proposed Parcels 1 and 2 meet the Basic Solar access standard by providing a north -south lot dimension in excess of 90 feet within 20 degrees of true north. The design of the future structure on Parcel 3 will be required to meet another method of providing solar accessibility or apply for an exemption based on the shade provided by existing trees Section 18.162.050 contains the following provisions for lots created through the partition process: A. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. B. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. C. Lot Frontage: Each lot created through the partition process shall front a public right -of -way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. D. Setbacks: Setbacks shall be as required by the applicable zoning district. NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 8 • E. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. F. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. G. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. H. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map.. I. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. J. Where landfill and /or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway with the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. Criteria A, B, C, and D are satisfied. The parcels will exceed the area requirement of 3,050 square feet set forth within the R -12 Zoning District and the density computation standards set forth in Section 18.92. Each newly created parcel would have in excess of 15 feet of direct frontage on a private street in satisfaction of the lot frontage requirement in Criteria C. Sections 18.54, 18.100 and 18.102 set forth standards for setbacks, landscaping and clear NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 9 • • vision requirements will be reviewed through the building permit plan check review in satisfaction of Criteria D. Criteria E is not applicable because the new lot which would be created is not a flag lot in terms of access frontage to a publicly dedicated street. Criteria F is not applicable because the newly created lots are not flag lots. Therefore privacy screening along the proposed private street is not required. Fire hydrants shall be consistent with Uniform Fire Code standards thereby satisfying Criteria G. Criteria H which requires reciprocal access maintenance agreement to maintain a. joint access easement is not required because a flag lot parcel configuration has not been proposed. Criteria I is satisfied through the requirement for construction of a 10 foot minimum driveway width driveway with the 24 foot street reservation. Criteria J has been met because the parcel is not located within the 100 year flood plain or in areas with slopes exceeding 25 percent. This portion of SW Greenburg Road abuts an existing bike and /or pedestrian path. SECTION IV - DECISION: The Planning Division hereby recommends APPROVAL of Minor Land Partition 95 -0010 subject to the conditions listed in Section I at the beginning of this decision. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. 1. Notice: Notice was posted at City Hall and mailed to: XX The applicant and owners XX Owners of record within the required distance XX Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON 10/25/95 UNLESS AN APPEAL IS FILED. 3. Appeal: 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. Appeal fee schedule and forms are available NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 10 • • at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. October 25, 1995. 4. Ouestions: If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. y;;; c4 , /421% PREPARED BY: Mark Roberts DATE Associate Planner / 6 //alga APPROVED BY: Dick Bewersdor, DATE Senior Planner NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 11 • • . \ 47;4 : \ 4, • s I-- � � 0 1 � s e � I ' /l'<9d � .e lC V �`� Z / I I Z Z ti C // E Q /- . 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I ■ ,r �� -_ 0 Case No. VICINITY MAP A MLP95 - 0010 Lindquist Dev. /Adams NOTE: MAP IS NOT TO SCALE N 1S135CA - 01101 G.WmDWiG1.aor Ub /11i/db EXHIBIT A NOTICE OF DECISION MINOR LAND PARTITION MLP 95 -0010 ADAMS /LINDQUIST - OWNER /APPLICANT APPLICATION: The applicant requests approval to partition an existing parcel of .55 acres into three parcels of approximately 6,330, 6,925 and 7,204 and a separate private street tract. ZONE: R -12 (Medium Density Residential) LOCATION: Approximately 114 west of the intersection of SW 98th Street and SW Greenburg Road. (WCTM 1S1 35CA, tax lot 1101). APPLICABLE LAW: Community Development Code Chapters 18.54, 18.102 18.108, 18.150, 18.162, and 18.164. DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has recommended APPROVAL of Minor Land Partition 95 -0010 SUBJECT TO CERTAIN CONDITIONS as listed below. SECTION I - CONDITIONS OF APPROVAL: THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON, ENGINEERING DIVISION: Recommendations: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. The applicant shall construct a public sanitary sewer main extension to provide individual service laterals for each proposed lot. The plans for the sewer shall be prepared by a Professional Civil Engineer and the applicant shall obtain a Public Improvement permit. STAFF CONTACT: John Hagman, Engineering Department. 2. The applicant shall include the new driveway construction and any other work within the City right -of -way in the application for the Public Improvement Permit. STAFF CONTACT: John Hagman, Engineering Department. 3. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 1 i Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department. 4. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department. 5. Final Plat Application Submission Requirements: A. Three copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. C. The final original and two mylar copies shall be provided for the signature of the City Engineer. STAFF CONTACT: John Hadley, Engineering Department. 6. Prior to construction of any site improvements the applicant shall designate the trees to be preserved based on the recommendations of the consulting arborist. The consulting arborist shall also supervise the installation and maintenance of tree protection measures throughout site construction activities. STAFF CONTACT: Mark Roberts, Planning Division. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: 1. Provide the Engineering Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. 2. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or to the public street. STAFF CONTACT: David Scott, Building Division. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 2 A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite /Permit Fee NOTICE OF DECISION - MIX 95 -0010 - ADAMS /LINDQUIST - PAGE 3 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. SECTION II - FINDINGS OF FACT: 1. Vicinity Information The new development site to be created is approximately 114 to the west of the intersection of SW 98th Street and SW Greenburg Road. Abutting properties in the area are also zoned for R -12 residential use and are largely developed with single - family residences. 2. Site Information and Proposal Description The applicant is requesting approval to partition an existing parcel which is currently vacant into three parcels, with an area of approximately 6,330, 6,925 and 7,204 square feet and a separate tract for use as a private street. 3. Agency Comments The Building Department reviewed this request and had the following comments concerning this proposal: NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 4 • 411 1. Lot 1 is expected to be able to drain to SW Greenburg Road. It appears that the public line in SW Greenburg may not be deep enough to service a line serving Lots 2 and 3. Structural fill may need to be provided on Lots 2 and 3 so that they can drain to Tract A. The Engineering Department reviewed this request and provided the following findings concerning this proposal. Findings: 1. Streets: The applicant proposes to provide access to the new lots with a private driveway connecting to SW Greenburg Road, a Major Collector as shown on the City Comprehensive Plan. The private driveway will be contained with in Tract "A ", and will be the jointly owned and maintained by the future private property owners. SW Greenburg Road was improved to collector standards in 1992 and sufficient right -of -way was dedicated in 1990. No further street improvements or dedications are required, with the exception that the new driveway construction will require a street opening permit from the Engineering Department prior to the approval of the partition plat. 2. Sanitary Sewer: Sanitary sewer service is provided by the existing eight inch sewer located in SW Greenburg Road. The applicant should be required to extend the public main within Tract "A" to provide for individual service for each proposed lot and obtain a Public Improvement Permit from the Engineering Department for the new construction. The existing sewer main in SW Greenburg Road has sufficient capacity for the proposed development. 3. Storm Sewer: The site slopes in a southwesterly direction toward the adjoining improved property consisting of a multi - family development. The applicant shall direct the storm water generated by the proposed site development to a public system. If the applicant proposes to connect to the existing system in SW Greenburg Road, the applicant should provide a hydrology and NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 5 r • hydraulic study that evaluates the capacity of the downstream system and the effects of the additional stormwater flow. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. Section 7.10b of the above noted Resolution and Order cites conditions under which the fee in -lieu may be accepted.. Specifically, it provides, that if, "The site is small compared to the development plan, and the loss of area for the on -site facility would preclude the effective development. ", the fee may apply. It is our opinion that this site is consistent with this criteria, and we recommend that a fee in -lieu be required. The Police Department, the Maintenance Services Division, the Water Department, the Unified Sewerage Agency and Portland General Electric have reviewed this application and had no concerns or comments. SECTION III - ANALYSIS AND CONCLUSIONS: Tree Removal: Section 18.150.020(E) requires a permit for removal of trees having a trunk six inches or more in diameter measured four feet above the ground level. A permit for tree removal must comply with the following criteria as specified in Section 18.150.030(A): 1. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; 2. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; 3. The trees are not needed to prevent erosion, instability, or drainage problems; 4. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; 5. The aesthetic character in the area will not be visually adversely affected by the tree removal; and NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 6 • 6. New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. Section 18.150 requires that the number of trees over six inches in diameter that will be removed during construction be minimized. The proposed construction of streets, utilities, and residences as well as related grading will require the removal of trees. A detailed tree survey plan and arborist report was submitted as part of this application. Based on a reconnaissance of the site the probable building pad locations will require additional tree removal to develop the site given the current alignment of streets which have been stubbed out to the site and the need to construct public utilities. With careful site planning approximately 19 of the 30 existing trees were deemed to be likely candidates for preservation. Criteria 1 and 2 are addressed because requiring all of the trees to be left in place would mean that limited development on this small infill site would be possible due to the number of trees which presently exist. The conditions of approval require that the consulting arborist review these issues as it relates to trees to be removed within fringe areas. Criteria 4 has been addressed because the applicant's arborist states that a significant portion of the trees can be maintained and incorporated into the site. Criteria 5 has been addressed because the aesthetic character of the larger area is not visually impacted because the site is not visually prominent due to the topography of the area. The applicant's arborist report addresses Criteria 6. Given the site constraints such as the types of improvements which are proposed to be constructed and the size and location of the existing trees on site there are limited areas where additional trees can be planted to replace those to be removed. Because the length of the proposed private street is in excess of 100 feet, street trees will be required to be planted adjoining the private street. Section 18.162.040 contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the city's comprehensive plan; NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 7 111 I 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet city and applicable agency standards (Ord. 89 -06; Ord. 83 -52). The proposed parcels of approximately 6,330, 6,925 and 7,204 square feet comply with the Development Code requirements which implement the City's Comprehensive Plan. A separate Tract A is proposed to provide a private street access to the lots. Each proposed lot also complies with the 3,050 square foot lot minimum in accordance with Criteria #1 and Chapter 18.92. Upon completion of the review period the applicants request will have complied with the statutory requirements of the City of Tigard for review of this application as required by Criteria #2. Adequate public facilities are available or have been required to be provided to serve this site as set forth in Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain) as required by Criteria #3 as reviewed within the Engineering Department's comments contained elsewhere within this report. Through the Building Permit review the roof and site drainage for the new homes to be built on the site will be required to be directed to a public facility. Prior to development a hydrology and hydraulics analysis will be required to analyze impacts to upstream and downstream properties. The new parcels do not exceed a two and one half to one length to depth ratio. All three parcels also exceed 3,050 square feet in size. The proposed parcel configurations conform with size and dimensional requirements of the R -12 Zoning District as required by Criteria #4. NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 8 . 4 All proposed improvements will comply with City and applicable agency standards in satisfaction with Criteria #5 as reviewed through the building permit plan check review process. Two of the newly created parcels comply with the basic solar access requirement which is that 80% of all newly created lots shall have a minimum north -south dimension of 90 feet. Proposed Parcels 1 and 2 meet the Basic Solar access standard by providing a north -south lot dimension in excess of 90 feet within 20 degrees of true north. The design of the future structure on Parcel 3 will be required to meet another method of providing solar accessibility or apply for an exemption based on the shade provided by existing trees Section 18.162.050 contains the following provisions for lots created through the partition process: A. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. B. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. C. Lot Frontage: Each lot created through the partition process shall front a public right -of -way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. D. Setbacks: Setbacks shall be as required by the applicable zoning district. E. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. F. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 9 I required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. G. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. H. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. I. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. J. Where landfill and /or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway with the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. Criteria A, B, C, and D are satisfied. The parcels will exceed the area requirement of 3,050 square feet set forth within the R -12 Zoning District and the density computation standards set forth in Section 18.92. Each newly created parcel would have in excess of 15 feet of direct frontage on a private street in satisfaction of the lot frontage requirement in Criteria C. Sections 18.54, 18.100 and 18.102 set forth standards for setbacks, landscaping and clear vision requirements will be reviewed through the building permit plan check review in satisfaction of Criteria D. Criteria E is not applicable because the new lot which would be created is not a flag lot in terms of access frontage to a publicly dedicated street. Criteria F is not applicable because the newly created lots are not flag lots. Therefore privacy screening along the proposed private street is not required. NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 10 4 at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. October 25, 1995. 4. Ouestions: If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. / /i2/gs PREPARED BY: Mark Roberts DATE Associate Planner ° -P .1 / e // - /q6 APPROVED BY: Dick Bewersdortir DATE Senior Planner NOTICE OF DECISION - MLP 95 -0010 - ADAMS /LINDQUIST - PAGE 11 • • . \ w ., : \ 4) , S H 0. ' ' A w ig s • / / \ 9 7 " - i t t k4 ' : O'� / / a le- / / / / I j \ / I 9 J / as, .3.Z3.00. Z i o 1, .330 so" ar . / 0 —a 4 `�►� ( moo ct' 0. // / / �'N 4. 4, .&ftARCELI / i' k v - #16:4,77.0 CI / . 8 / 6.925 SQ / / m r Z Cr / N / , ; t = 00 _ _/ 1 111 a I 8 / / // ' / P ARCEL 3I , / CO / e / 7 .204 SQ. 1 , / o CO / , / ,� o L // LL . ' S 883916 E 123.12' 3 O A di 30' I- Co) .I PLOT PLAN CASE NO. EXHIBIT MAP MLP95 -0010 LIN DQUIST DEVLPIf. /ADAMS A4 C) (ii-------_______. +�. l en,- OFT,i.„ O m ariiIIIIL Illift 61* �� Z • w 2 Writ _._____ 41 F- LVD r SHADY LN I Ce I f � CL J L Ih / mum IN Z c341111 IN-111101 :. a N[7AKO A ST 11111111 I z A ■ ■111 aim Z -- MIIIIVIIIIIMI..Lir alum.'m ` iTE �1 • II AA CC Wi 0 "Pren ��t )(7f WIa, I N , 7.46ii l P I► 1.1. iiiw. .T■■ .■ 1 1 I l. 1 ark 0 MEADOW S T E- II II ' • — Mill 0 Case No. VICINITY MAP A MLP95 - 0010 Lindquist Dev. /Adams NOTE: MAP IS NOT TO SCALE N 1 S135CA - 01101 cAbinpWll..p1 aallanlb MLP 95 -0010 LINDQ SST DEY. /ADAMS 1S135CA -00800 1S135CA -00900 WALNUT SQUARE INVESTORS LTD ROGERS, ALICE M & AMY JEAN ' BY PRELL DEVEL & MGMT GROUP INC GUNTER, ELLEN AND 15800 SW BOONES FERRY RD #C301 HAINES, MARSAY ANN PO BOX 1989 11335 SW GREENBURG RD LAKE OSWEGO OR 97035 TIGARD OR 97223 1S135CA -00902 1S135CA -01001 BERDICHEVSKY, OSCAR /JUDITH & CROW, DALE L BERDICHEVSKY, RICARDO P /ROSANA 11365 SW GREENBURG RD 8616 SW 47TH AVE TIGARD OR 97223 PORTLAND OR 97219 1S135CA -01100 1S135CA -01101 GROW, RUSSELL B & ALICE M ADAMS, JOHN GLORIA S 11455 SW 98TH 8845 SW OLESON RD TIGARD OR 97223 PORTLAND OR 97223 1S135CA -01200 1S135CA -01300 MACY, RAYMON TABB, JAMES R 8245 SW CANYON RD 11400 SW GREENBURG RD PORTLAND OR 97225 TIGARD OR 97223 1S135CA -01400 1S135CA -01402 77�� WONG, NORMAN K F AND ANN M WONG, NORMAN K F AND 2433 NE 11TH 2433 NE • PORTLAND OR 97212 ND OR 97212 1S135CA -04500 1S135CA -04600 HOLMES, DONALD W /JOAN HOLMES, DONALD W /JOA c/o RABER, BARRY c/o RABER, B 11220 NW KEARNEY ST 11220 ARNEY ST PORTLAND OR 97229 LAND OR 97229 1S135CD -00700 1S135CD -00900 TORLAND, DORIS CAHN PROPERTIES LTD PARTNERSHI 11425 SW GREENBRUG RD BY MARVIN CAHN TIGARD OR 97223 5795 SW CRANBERRY CT BEAVERTON OR 97007 1S135CD -01001 1S135CD -00790 HOVIS, DONALD R & CHERIE L LAMM FAMILY TRUST 11585 SW 98TH AVE 11520 SW 98TH AVE TIGARD OR 97223 TIGARD OR 97223 1S135CD -01004 1S135CD -01005 TOWE, MARIE A & BOB G - SCOTT, GEORGE 0 /DONNA M 12690 NORTH RIM PLACE SCOTT, RANDALL G /VERNA M CROOKED RIVER RANCH OR 9 11640 SW 135TH TIGARD OR 97223 1S135CD -01006 1S135CD -01007 MUESKE, LAVERN R /KAREN KIM . MORROW, MARK A AND JANICE 9955 -57 SW SCOTT CT 15155 SW 141ST TIGARD OR 97233 TIGARD OR 97224 MLP 95-0010 LINDIT DEV. /ADAMS AI 2/2) EXHIBIT 3 1S135CD -01500 1S135CD -08800 LEAR, WILLIAM K SATTERLUND, SCOTT C & CYNTHIA 11550 SW 98TH PO BOX 230269 TIGARD OR 97223 TIGARD OR 97281 LINDQUIST DEVELOPMENT JOHN & GLORIA ADAMS ROD GRINS& G 8845 SW OLSON ROAD PO BOX 42135 PORTLAND OR 97223 PORTLAND OR 97242 RODNEY GRINBERG J.D. 1S135CD -08900 LINNDQUIST DEVELOPMENT CO., INC. DRENNAM, JOHN W /DAVID A/ & JOAN PO BOX 42111 PO BOX 23603 PORTLAND OR 97242 TIGARD OR 97281 . 0 0 A air CITY OF TIGARD • AFFIDAVIT OF MAILING OREGON • STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say: That I am a Senior Office Assistant for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR X That I served NOTICE OF DECISION FOR X City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER of which is attached, marked Exhibit "A ", was mailed to each named person(st the addres s • on the attached list(s), marked Exhibit a- "B", on the / day of �� I I �' . 1995, and deposited in the United States Mail on the I. ` day of J7 . / 1995, postage prepaid. , ,-- , ,w,..., 1, „....L..--0 .-.. 194 -- - ' 'repared Notice i f Subscribed and sworn/affirmed before me on the / day of , 1g ��, OFFICIAL SEAL '` DIANE M JELDERKS L , ��,.� J� _ ,� I &A_ NOT • Y PUBLI ' OF '• REG N NOTARY PUBLIC- OREGON i ® ,:,� COMMISSION NO. 046142 • 1 MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission Expires: 7 FILE INFO.: NAME(S): ildev is Lhdqui CASE NO.(S): A L 15 k /D n TYPE OF NOTICE & DATE: ) / r'ecizeks ecl8; VL O I : CITY OF TIGARD OREGON PROPOSAL DESCRIPTION FILE NO: MINOR LAND PARTITION (MLP) 95 -0010 FILE TITLE: LINDQUIST DEVELOPMENT /ADAMS APPLICANT: Lindquist Development Co., Inc. OWNER: John & Gloria Adams P.O. Box 42135 8845 SW Olson Road Portland, Oregon 97242 Portland, Oregon 97223 (503) 232 -8275 (503) 244 -2296 REQUEST: A request to partition one parcel into three (3) lots ranging in size from 6,330 to 7,204 square feet. LOCATION: NO ADDRESS ISSUED. The site is located on the south side of SW Greenburg , Road approximately 114 feet west of SW 98th Avenue. (WCTM 1S1 35CA, tax lot 1101). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached/detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW Community Development Code Chapters 18.54, 18.102, 18.108, 18.150, 18.162 CRITERIA: and 18.164. CIT: East CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY X STAFF DECISION _ PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN NARRATIVE X ARCHITECTURAL PLAN SITE PLAN X OTHER Arborist Report STAFF CONTACT: Mark Roberts (503) 639 - 4171 x317 V MIS 95 -0019 RAK DEVELOPMENT CO. PROPOSAL/REQUEST FOR COMMENTS � Z 4'.'4 A e/, • hip( r fr ' CITY OF TIGARD, OREGON SUBDIVISION APPLICATION �/ ,V�/C /[LCz� L @%t " . "` / / ' ‘' CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY CASE NO. ry1 L, P q 5- (')O I O OTHER CASE NO's: RECEIPT NO. 95- Z t APPLICATION ACCEPTED BY: 5.. 1,A, DATE: "]1 '] 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS /LOCATION ,4„ snDR -E-ss - S.SIDE. OF "' (A) Application form (1) &4 R-0 I t.a W. OF G. W •cl Y)1.4` -V5_ • ./B) Owner's signature /written TAX MAP AND TAX LOT NO. I S I 35 G A- sr:3 11 o l authorization .✓ (( C))Title transfer instrument (1) t t SITE SIZE , r.%9 ,4- • L /ri:; // ) Assessor's map (1) PROPERTY OWNER /DEED HOLDER *Joi. 4 G�RIA ,ac>�MS , 4 ) Preliminary Plat (pre -app checklist) ADDRESS $1345 S.W. 0L -5otJ Rn • PHONE 244 - ZZ °(o j _26;)Applicant' s statement CITY ; PO(ZTL -ND ZIP 972.23 C / (pre-app checklist) t APPLICANT* („ 11JDO V ts t-nPM NT' GRIt•1�ERb `' ist of property owners and ADDRESS 0.130 42 13 S PHONE V72,- F) 5 addresses within 250 feet (1) CITY R)2T1.,&i f ()CZ-- ZIP G, 7 -42-- �H) Filing fee ($415 plus $5 *When the owner and the applicant are different per lot) 2 5 ' I people, the applicant must be the purchaser of record or a leasee in possession with written authorization DATE DETERMINE TO BE COMPLE E: from the owner or an agent of the owner with written J-146 / / f/l /re Se,4 -- 7// €J 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. APLAN /ZONE DES GNATIO 2. PROPOSAL SUMMARY I4/I6eli DJhs es' '72E // ie The owners of record of the subject property / request permission to divide a (fircj ' ,4C. N.P.O. Number: (Total Area) parcel into 3 lots between Preliminary Plat Approval Date: (number of lots) 6(3 and 7 / a,O t}- square feet in size. Final Approval Date: Planning 0520P/13P Engineering Rev'd: 3/88 Recording Date and Number: r 3. List any variance, Planned Development, Sensitive Lands, or other land use actions to be considered as part of this application: 1,101,41 ' 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. 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 day of V , / 19 SIGNATURES of each owner (eg. husband and wife) of the subject property. • 0 /I'ArAnger (KSL:pm /0520P) • A WILLIAM L. OWEN anPASSOCIATES i Tree and Landscape Consulting Services P.O. BOX 641, PORTLAND, OREGON 97207 503/222 -7007 =V= °' September 12, 1995 Lindquist Development Co., Inc. Mr. Rodney Grinberg, J.D. PO Box 42111 Portland, OR 97242 RE: Tax Lot 1101 - Map 1S 1 335CC In the SE 1/4 of Section 35,. T. 15., R.1 W., W.M. City of Tigard, Washington County, Oregon - Tree Survey Dear Mr. Grinberg: Regarding the subject property tree survey, I submit the following in compliance with paragraph #1 in Mark Roberts' letter to you of July 19, 1994 relative thereto. All trees enumerated following are trees which may be preservable and have the arboricultural merit to warrant such preservation, with exceptions as noted. All other trees on the site fall below the 6" diameter designation by the City of Tigard as trees. The site overall is a wooded area which has never been tended with resulting forest -like growth: understory, smaller deciduous species and some conifers on the borders. The trees are in a general state of neglect arboriculturally. Following is a list of the trees shown on the plot plan correlated by number to the attached plot plan. # 1 16" Douglas Fir. Some old damage in top with regrowth evident. A decent tree which can be preserved. # 2 21" Douglas Fir. Very similar to tree #1 with some need for work in the top. A preservable tree. Both trees #1 and #2 grace the front of the property on Greenburg Road and should be preserved if possible. # 3 A multi -stem Prunus spp. Four stem, comprising a tree of reasonable size. It is leaning, in bad condition and should be removed as a hazard. # 4 A multi -stem Hawthorne clump of five stems making a decent and preservable tree. Its location would indicate that it may be preserved in the natural landscape when a house is built on the property. INSPECTION, DIAGNOSIS AND EVALUATION OF TREES, SHRUBS AND RELATED PLANTINGS. CONSULTATION WITH RESPECT TO PLANTING, TRANSPLANTING, PRESERVATION, MAINTENANCE AND .`k;* "R 'F4 ARBOREAL PLANNING. COMPREHENSIVE LOSS OR DAMAGE REPORTS. DULY SANCTIONED APPRAISALS FOR LEGAL OR CONTRACTUAL PURPOSES. LEGALLY ACCEPTABLE TESTIMONY IN COURT CASES. • • • Mr. Rodney M. Grinberg Page 2 September 12, 1995 # 5 Multi - stemmed Hawthorne, very similar to tree #4 and in a location where preservation is possible. # 6 An 8" Cherry in good condition but with few lower branches due to crowding and forest conditions to this time. A tree worth preserving if a building location on the site would allow preservation. # 7 Double - stemmed Cherry, quite similar to tree #6. The location may present problems with a building location on the site. A tree worth preserving if possible. # 8 A double - stemmed Cherry, very similar to tree #7, but located closer to the edge of the property and therefore more preservable in terms of building location. # 9 An 8" Willow, leaning badly. Should be removed as a hazard. #10 A multi -stem Prunus spp. near the edge of the building envelope and preservable as a multi - stemmed species for natural landscape purposes. #11 A 9.50" Cherry quite similar to trees #7 and #8. Near the edge of the building envelope and possibly preservable as a natural amenity. #12 A multi -stem Willow of very questionable preservation necessity. These trees develop decay and disease problems over time. This tree should be removed from the property for long- term benefit, and replaced with smaller landscape plantings. #13 An 8.50" Hawthorne near to the edge of the property and preservable. A tree that with care can be an amenity to the property for many years. #14 A multi -stem Hawthorne similar in nature to tree #13. Should be preserved if possible for the same reasons as #13. #15 A double - stemmed Cherry of good character which should be preserved if possible. The location of trees #7 through #15 is such that selected locations of buildings on the sites may allow for their preservation as natural landscape amenities. #16 A 17" Douglas Fir. This tree has a bad top which can be corrected and is a preservable specimen. Due to its size should be preserved as an amenity, long term. Near the property corner, and should not interfere with buildings or other development. • • I Mr. Rodney M. Grinberg Page 3 September 12, 1995 #17 A 10.50" Cherry in basically good condition. Should be preserved if possible. Near the edge of any building envelope, the tree should present no problems in the building process. #18 A 7" Cherry similar to tree #17 in all respects. #19 A 7" Willow in decline. Should be removed as a hazard. #20 A 30" Maple. A tree of substantial size and character which should be preserved if possible. It's location as the corner of the Access Way is such that with careful planning the tree could remain as an amenity. It is basically sound and with professional work it could be retained. #21 A 15" Douglas Fir. The tree has Ivy vines in it which should be removed. With care this tree could remain. However, it would require a small island in the Access Way for its preservation to be possible. A driveway between trees #20 and #21 would be necessary into Parcel 3 as the plot is laid out if trees #20 and #21 were retained. There is space between them sufficient for a narrow driveway. The trees would tolerate such construction. Otherwise, tree #21 would have to be removed for the construction. #22 9.5" Cedar. It is located somewhat into the Access Way but could be preserved with a small island carved around it out of the accessway. An on -site decision on this matter would have to be made during construction. A decent tree worth preserving if possible. #23 A 15.50" Flowering Plum in fair condition. Perhaps located too far into the Access Way to allow for preservation and still allow cars to drive in and out. This tree would not be worth the trouble to give up much space out of the access way to preserve it. When construction begins, if the tree is too far into the Access Way it should be removed. #24 9" Willow in fair condition. It is in accessway and will probably have to be removed because of its location. It is not worth any special trouble to preserve it. #25 15" Cedar of good character and of substantial amenity value to the property if it can be preserved. It is similar to tree #22 in location. If a planter could be carved out of the Access Way to retain it, that should be done because of the character and quality of the tree. Otherwise, the accessway would force its removal. (It should be noted here that along both side borders of the subject site, on the neighbors' property are several conifers of good condition which will remain after the construction is done and form a good screen between the subject property and the neighbors.) , 1 • • Mr. Rodney M. Grinberg Page 4 September 12, 1995 #26 6.50" Willow which is not worth special consideration to preserve, and probably will have to be removed if a sizable building is built on the property. #27 Almost identical to tree #26, and falls into the same category overall. #28 6.50" Hawthorne which is closer to the border of parcel #1 and should be preserved if possible because of its character and condition. #29 6" Hawthorne of the same character and size as tree #28. Should be preserved for the same reason. #30 A multi -stem Flowering Crab Apple which is in a location where it can be retained. With professional care it can be an amenity to the property. It's location favors preservation. It should be noted that trees that are preservable as recommended herein will require professional care by Certified Arborists for the greater good of the trees and the facility overall. Also, the situational decisions during construction recommended herein should be made by the Consulting Arborist at the time of the construction. I believe the foregoing fulfills the requirement for the Arborist report requested by the City of Tigard. This report is based on extensive time on the site by me and staff to determine the location and condition of the trees. Much other information is available tree -by -tree if required, but for purposes of brevity we have dealt with only the salient points normally expected in reports of this nature. Please contact me if you need additional information on any given tree or statement made herein and I will supply it forthwith. Thank you very much. Very truly yours, 'illiam L. Owen, B.S., .A., C.A. American Society of Consulting Arborists #114 • RECEIVED PLANNING LINDQUIST DEVELOPMENT INC. AUG ® 4 P.O. BOX 42135 1995 PORTLAND, OR. 97242 (503) 232 -8275 August 4, 1995 Mark Roberts Planning Commission City of Tigard 13125 SW Hall Blvd. Tigard, Oregon Re: Addendum to minor partition 95 -0010 regarding Sanitary and Storm Sewer Dear Mr. Robert's: With regards to the sewer and storm drainage, I have attached a site map with a sewer profile showing sewer and property elevations. This profile was prepared by Cardinal Land Surveying. As the profile shows the property elevation ranges from just under 200 feet at the North property line to approximatelly 198 feet at the south property line. The sanitary sewer INV. elevation is 191.07. Therefore, the sanitary sewer to these properties can be provided by ordinary gravity flow system. The storm sewer is shallower with an INV. elevation of 196.6 feet. However, the property elevation never goes below 198 feet. This results in a slope greater than One Percent and I believe that a normal gravity flow system will also be adequate for the storm sewer for these parcels. Sincerely, Rodney M! . Grinberg J.D. Lindquist Development Co. Inc. • • LINDQUIST DEVELOPMENT INC. MEWED P.O. BOX 42135 PORTLAND, OR. 97242 4W G 0 41995 (503) 232 -8275 COMMUNITY DEVELUNMEMT August 4, 1995 Mark Roberts Planning Commission City of Tigard 13125 SW Hall Blvd. Tigard, Oregon Re: Request for Waiver of 120 day application processing time limit for minor partition 95 -0010 Dear Mr. Robert's: This letter is in response to your notice of incomplete submittal of Minor Land Partition 95 -0010. There were two additional ares which you stated I needed to address. One was an addendum to the narrative to address the provision of utilities to the proposed parcels. The second matter was the location and size of trees in • excess of six inches in diameter along with a Certified Arborist's report. With regards to the sewer and storm drainage, I have attached a site map with a sewer profile and an addendum adressing this issue. The second area of information requested was the plotting of the trees and Arborist report. I have retained the services of William L. Owen and Associates. Mr. Owen has been in contact with you and is in the process of preparing his report. As part of his report he will also be plotting the trees in excess of six inches in diameter. The arborist report and tree plotting was not part of the information required for our application according to the material provided to us at our preapplication conference. Therefore, I need additional time to allow Mr. Owen to prepare his report. I hereby request a waiver to the 120 day application processing time limit. Sincerely, Rodney Grinberg J.D. Lindquist Development Co. Inc. July 19, 1995 A _ I CITY OF TIGARD Lindquist Development Company, Inc. OREGON Attention: Rodney Grinberg, J.D. P.O. Box 42111 Portland, OR 97242 Re: Notice of Incomplete Submittal /Minor Land Partition 95 -0010 Dear Mr. Grinberg; This letter is in response to your recent Minor Land Partition application submittal. Due to the site specific constraints with development of this property we will need additional information in order to process this application. Please submit the following information: 1) The location and size of existing trees in excess of six inches in diameter. Given the extensive numbers of existing trees it is also required that a Certified Arborist provide a report reviewing the suitability of existing trees for preservation into the site given the development constraints. 2) Due to the difficulties involved with providing sewer and storm drainage facilities to this site an addendum to the applicants narrative is required which addresses the provision of utilities to these proposed parcels. This application was submitted July 7, 1995. This application has been considered incomplete within the 30 day period as required by the Community Development Code. On August 7th the application will automatically be considered complete. The City would then process this application and recommend denial because of the missing information. If needed you may allow yourself additional time to prepare this information by requesting in writing a waiver to the 120 -day application processing time limit. Please feel free to contact me concerning this information. Sincerely, Mark Roberts Associate Planner, AICP 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 LINDQUIST DEVELOPMENT INC. P.O. BOX 42135 PORTLAND, OR. 97242 (503) 232 -8275 July 7, 1995 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Planning Department: Applicants intend to divide the property into three single family lots. The intended purpose of this minor partition is to construct three single family dwellings on these lots. The lots are approximately 7,000 square feet in size. Access will be provided off of a 25' accessway tract coming off of Greenburg Road. This proposal complies with the requirements for the zoning designation of this property. Sincerely, C Rodney rinberg Lindquist Development Co. Inc. • RECEIVED PLANNING WILLIAM L. OWEN anfASSOCIATES AUG 0 7195 4 Tree and Landscape Consulting Services P.O. BOX 641, PORTLAND, OREGON 97207 503/222 -7007 c o:S°LL' Gw4'009 RESUME WILLIAM L. OWEN, B.S., M.A., C.A. American Society of Consulting Arborists (Registered Member #114) Arboricultural Service History A lifetime of experience in four — generation, family —owned Arboricultural Service Firm, General Tree Service (Founded 1924), as manager, owner and President (1964 -1985) Consulting Practice Practicing consultant since 1970. Elected 1973, by invitation, to the American Society of Consulting Arborists (Registered Member #114). Educational Background Bachelor of Science Degree — Lewis & Clark College, 1953 Master of Arts Degree — Reed College, 1959 (Granted Ford Foundation, Crown Zellerbach Scholarships, Reed College) Annual Attendee, Seminar, Arboricultural Pesticide Usage, Oregon State University Extension Service, 1957 to present Attendee, Training Seminars, International Pesticide Applicators Association, Entomology and Plant Pathology (certificated) Certified in Bidrin Tree Injection (systemic injections), and Vascular Implantation Methods (Medicap technique) Licensed Pesticide Consultant; Licensed Pesticide Applicator Certified Attendee, Dutch Elm Disease Symposium, National Arboretum, Washington, D.C., sponsored by National Arborist Association National Arborist Association Home Study, Slide /Cassette Training Programs, Seminars in Tree Wounds and Treatment, Pollution and Trauma induced injury to trees and other plants Field Seminars with Dr. Alex Shigo, U.S. Forest Service, leading r or A1/4- �%iPi^l, INSPECTION, DIAGNOSIS AND EVALUATION OF TREES, SHRUBS AND RELATED PLANTINGS. 8 , ,. : .i:• • ( CONSULTATION WITH RESPECT TO PLANTING, TRANSPLANTING, PRESERVATION, MAINTENANCE AND P- ►fi }s -' ARBOREAL PLANNING. COMPREHENSIVE LOSS OR DAMAGE REPORTS. DULY SANCTIONED APPRAISALS �' FOR LEGAL OR CONTRACTUAL PURPOSES. LEGALLY ACCEPTABLE TESTIMONY IN COURT CASES. • • researcher in tree response to physical trauma (certificated) Seminar, Tree Evaluation, Appraisal Principles & Practices, Council of Tree & Landscape Appraisers Arboricultural Exchange Delegate, People's Republic of China, 1985 Applied Arboricultural Science By invitation, lecturer in Arboriculture: Mt. Hood Community College, Portland Community College, Clark College, Portland Garden Club, Portland Men's Garden Club, private Garden Clubs, Landscape Gardeners Association, National Arborist Association, International Society of Arboriculture, International Pesticide Applicators Association, American Society of Consulting Arborists, National Urban Forestry Conference, National Society of Municipal Arborists, Oregon Golf Course Superintendents Association, Port of Portland Maintenance Division, Oregon State Highway Maintenance Division. Professional and Association Background First Board Chairman, and First President, International Pesticide Applicators Association Past President, Pesticide Applicators Association of Oregon (2 terms) Past President, member of Board of Directors, International Society of Arboriculture, Western Chapter Past Member, Board of Directors, American Society of Consulting Arborists; Chairman, Membership Qualification Certification Committee, American Society of Consulting Arborists. • Past Chairman, Standards of Professional Practice Committee, American Society of Consulting Arborists National Urban Forestry Leadership Council, U.S. Forest Service President, Tree & Landscape Consulting Services, Ltd., 1984 - 1987 President, Pacific Northwest Chapter, International Society of Arboriculture, 1987 - 88; Board of Directors, 1980 - Member, Urban Tree Commission, City of Portland, Oregon, by Appointment Member, Oregon Golf Course Superintendents Association Past President, Current Board Member, Portland Beautification Association President, National Arborist Association, 1987 -88; Board of Directors, 1981 -88 • • Chairman, Certification Review Board for Arborists and Arboricultural Technicians, Pacific Northwest Chapter, International Society of Arboriculture. President, William L. Owen and Associates, Arboricultural Consultation Firm EDUCATIONAL SEMINARS: TREE AND LANDSCAPE MAINTENANCE AND HAZARD TREE EVALUATION Port of Portland City of Portland, Bureau of Parks International Society of Arboriculture, Pacific NW Chapter Portland Community College Private Arboricultural Service Companies Clackamas Community College Lane County Community College Linn - Benton Community College Oregon Golf Course Superintendent's Association STREET TREE PLANS, LANDSCAPE /MAINTENANCE, TREE PRESERVATION SPECIFICATIONS AND LOSS APPRAISALS FOR PUBLIC AND PRIVATE AGENCIES Cities of Portland, Forest Grove, Tualatin, McMinnville, Tigard, Lake Oswego, Canby, Beaverton, Salem, Oregon; Cities of Vancouver, Tukwila, Washington; Douglas County, Oregon; State of Oregon, Dept. of General Services Tektronix, Inc., Landscape Construction Maintenance Administration Assistance to Supervisor Walla Walla, Washington, Veterans Hospital Grounds Tree Survey, Landscape and Arboricultural Renovation White City, Oregon, Veterans Hospital Grounds Tree Survey, Landscape and Arboricultural Renovation City of Portland, Bureau of Parks - Street Tree Area Landscape Maintenance Contract Administration Assistance Commercial Property Management- Landscape Maintenance Standards, Specifications and Contract Administration on Assorted Projects: Condominium Management, Inc., Jenkins Property Management, SIMMCO Properties, Bob Browning & Associates, Metheus Corporation, Melvin Mark Properties, First Interstate Bank, Bank of California, Barker & Calkins, Scherzer Partners, Inc., GSL Properties, Pioneer Land Development, Inc., Centron of Oregon Commercial Property Development- Standards & Specifications for Tree Preservation Strategies and Techniques, OTAK, Inc.; Walker & Macy, Architects & Planners; Lee, Ruff, Waddle Partnership; McArthur /Gardner Partnership; Mitchell /Nelson • • Group; CH2M Hill, Inc.; Robert Perron Associates; Charles Rosenfeld & Associates; Ed Ceccaci Associates; John Warner & Associates, Guthrie Slusarenko & Associates, Fred Glick & Associates, Mile Faha & Associates, (others on request). Summerfield Civic Association, Tigard, Oregon PROJECT REFERENCES Nature of Consultation Involved: Consultation on tree conditions, values, care and preservation. Specification preparation for tree protection during construction, ongoing care and maintenance. Evaluation of landscape, major renovation and maintenance plans; supervision and training of personnel, etc. Evaluation/ prognosis /pre and post construction therapies. Tree damage appraisal /cost projections, etc. for the following: Homesite Development Corp. Merchantile Village Kruse Way Oaks Project For Sea Galley Restaurant Lake Oswego, Oregon Lake Oswego, Oregon Westlake Project, Kruse Way OTAK Associates Lake Oswego, Oregon Woodcreek Apartments City of McMinnville- Workman Park Beaverton, Oregon For Parks & Recreation For Robert S. Johnson 230 East 2nd Great N.W. Management McMinnville, Oregon 5355 N.W. Murray Blvd. Beaverton, Oregon Hillside Park Portland, Oregon CH2m Hill For City of Portland For City of Portland 4000 Kruse Way Place Millstead & Associates Lake Oswego, Oregon Iverness Jail (Multnomah County) Sylvan Heights Condominiums Barker & Calkins, Property Mgmt. Providence Medical Center (Mr. N.M. Klinkenhammer) State Farm Insurance Mr. Dave Caron Roll Company Mr. Jeff Sackett Hillman Properties, Inc. 900 E. Tomahawk Island Drive Oswego Pointe Project Lake Oswego, Oregon Lincoln Memorial Park, Vierra /Darrow Cemetery West States Development Co. Jerry Malin, Grounds Management Supervisor The Oaks Amusement Park Portland, Oregon • • Elan Development Corporation Tucson, Arizona Douglas County Fairgrounds (602) 327 -1971 Oregon State Fairgrounds Oregon State Department Dept. of General Services of Agriculture State of Oregon Plant Division Jerome Jackson Salem, Oregon Portland Temple /Lake Oswego State Lands Building Church of Jesus Christ, State of Oregon Latter Day Saints Dept. of General Services Lee Ruff Waddle Frank Evans Partnership, Architects Portland General Electric Co. Port of Portland Dave Von Bossuyt Airport Property Development Bill Gregg Nature of Consultation Involved Tree problem analysis and consultation, standards for care and preservation, supervision of care techniques, training of crews for the following Golf Courses: Salishan Golf Course Waverly Country Club Gleneden Beach, Oregon Richard Schwabauer, Superintendent Superintendent Mark Snyder, Superintendent Oregon Golf Club John Anderson, Superintendent Portland Golf Club Tom Zoller, Superintendent Riverside Golf & Country Club Tom Christy, Superintendent Mountain View Golf Course Rich Malpass, Superintendent Royal Oaks Country Club Al Nielsen, Superintendent Salem Golf Club Mike O'Niel, Superintendent Tualatin Country Club Randy Shults, Superintendent Summerfield Golf Course Rick Sullivan, Superintendent Michelbrook Golf Course McMinnville, Oregon Willamette Valley Country Club Richard White, Superintendent Columbia Edgewater Country Club Creekside Golf Course Robert Senseman, Salem, Oregon Superintendent Mark Wilson, Superintendent Green Meadows Golf Course Jeff Coad, Superintendent Nature of Consultation Involved: Consultation on tree conditions, values, care and. preservation. Hazard tree evaluation, tree loss evaluation /appraisal, tree ordinance input, street tree plan work, etc. . • Cities City of Lake Oswego, Oregon City of Canby, Oregon Mr. Robert Galante Mr. Ray Kinyon City of Salem, Oregon City of Vancouver, Washington City of Tigard, Oregon Mr. Larry Knudsen, Assistant City Attorney City of Tualatin, Oregon City of Portland City of Tukwila, Washington South Park Blocks For Walker & Macy City of Victoria, B.C. 222 N.W. Davis Portland, Oregon Other Organizations Southern Oregon Historical Society Clark County, Washington Jacksonville, Oregon Parks Department (Mr. Tim Holdeman) Kruse Way Plaza Lake Oswego, Oregon Clark County, Washington Belvedere Properties Employees Credit Union For OTAK /HDVTN Intergovernmental Kruse Woods Development Resource Center Lake Oswego, Oregon Vancouver, Washington Mr. Rod Orlando Portland Temple Church of Jesus Christ, Centerpointe Latter Day Saints Kruseway at I -5 I -5 at Kruseway Lake Oswego, Oregon Centerpointe Bircher, McDonald Frank, Inc. Fred Edwards, Engineer • • ATTORNEYS OF REFERENCE (Litigation Involving Trees) Richard Spier (503) 227 -1111 Sussman Shank Wapnick Caplan & Stiles William Robison (206) 699 -4780 Morse and Bratt Arthur Tarlow (503) 641 -7171 Bolliger, Hampton & Tarlow Terrance McCauley (503) 630 -7736 Terrance McCauley, Attorney -at -Law Scott Pratt (503) 241 -5464 Scott Pratt, Attorney -at -Law Eric P. Johnson (206) 696 -0410 Attorney -at -Law Robert A. Anderson (208) 345 -0960 Attorney -at -Law Don Leadroot (503) 238 -0602 Attorney -at -Law K. D. Brand (503) 472 -5156 Craig, Brand, Lake & Hart Leo Meysing (503) 227 -6547 Attorney -at -Law James B. Griswold (503) 224 -3345 Attorney -at -Law Karen Park (503) 228 -6351 Bullivant Houser Bailey Pendergrass & Hoffman Jeremy E. Zuck (503) 228 -6351 Bullivant Houser Bailey Pendergrass & Hoffman Dunn, Carney, Allen, Higgins & Tongue (503) 224 -6440 Attorneys -at -Law • • INSURANCE ADJUSTERS Bill Clark All State Insurance Company, Tualatin Jeff Mickelson, Senior Adjuster Continental Loss Adjusting Rodney L. Rayburn, Technical Claims Specialist Liberty Northwest Dave Ronne, Claim Superintendent State Farm & Casualty Co., Hillsboro Dr. Dave Bartholf Pemco Insurance, Seattle, Washington Janice Poppen, Claims Adjuster Safeco Insurance Co., Lake Oswego Rich Winston, Insurance Adjuster St. Paul Insurance Co. H. Michael Ohlinger, Senior Adjuster Liberty Northwest Insurance Carol Zech, Claim Specialist State Farm Insurance Claims Office, Roseburg 0— the Buyer exclusively as an agent of the Buyer. the Seller exclusively as an agent of the Seller. /CL both the Seller and the Buyer as 1,5 2 -§ set out in the in-company agreement. 7i IN (b)Z VE .[/ /E/ (listing a e t the same as selling agent) of C /il /tO� �� ( 9 9 9 9 ) �� (listing broker) is the agent of �>> (check one): the Seller exclusively as Seller's dyent. X, both the Seller and the Buyer as set out in me in- company agreement. /e RECEIPT FOR EARNEST MONEY: The undersigned Selling REALTOR firm acknowledges receipt of earnest money (which Selling REALTOR firm Iru agrees to handle as provided below) from Buyer in the sum of $ 4i ,V CVO Co evidenced by ❑CASH, ❑ CHECK (bank /branch) ,uu ' D F KPROMISSORY NOTE, payable on or before lul W/77 /,/ 3 o D A1 VS amp& S'E«ER5 Eo,c /J L2,'22'. , „, v t • EARNEST MONEY INSTRUCTIONS: Buyer instructs t he undersigned Selling REALTOR Firm: (check one) (1) ❑ To deposit the earnest money in ,uu w Selling REALTOR Firm's client's trust account or (2) Deposit with .ST,EW 7 .8” as escrow or (3) ❑ Once funds are 1u4 collected transfer earnest money from Selling REALTOR firm's client's Trust Account to . SELLING REALTOR* ,1,5 IS FIRM SHALL HAVE NO FURTHER LIABILITY WITH RESPECT TO THE EARNEST MONEY AFTE EPO P 2) OR TRANSFER PER Iuu c'e Selling REALTOR* firm: C �//� /� �� / ?O/�Eej�� (Agent Signature): .--...e"-- ,u„ Branch Address: l e•7o S (4/ co // /426>d-a die,' Phone: 6 /" e/ • FAX: X 7/ ° 2/2/ ,uu Main Office Address' / 7/0Z77i47/v4 vie V _7 Phone: FAX: lOu (SELECT ONE): ,ul ❑ Buyer acknowledges receipt on Date: , 19 A.M.; P.M., of a copy of Seller's property 11,2 :E a,.0 disclosure dated ; 103 8-„L.2 )6. Buyer acknowledges receipt on Date: Oil"' , 19 A. 0 of a copy of Seller's written 104 ct disclaimer regarding the property; uu s`' H ❑ Buyer has not received a copy of either Seller's property disclosure or written disclaimer. ,u:, N Buyer has a statutory right to revoke Buyer's offer within five business days after receipt of Seller's property disclosure, or within seven business lur o days after receipt of Seller's written disclaimer, or any time before closing if Buyer does not receive either a disclosure or disclaimer. lu,l Buyer ❑ waives ❑ does not waive Buyer's right to revoke. Seller authorizes the listing broker to receive Buyer's notice of revocation, on Seller's behalf. uu o 1 ter. we e Delivery of photo, telefax, carbon or NCR copies of an original signed document shall be treated the same as delivery of the original. :00 BUYER (Print full name(s): / /A7L Q 4'/ S % , ,rvt�lO , (Z- 20, HEREBY ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED IN COPY HEREOF WHICH BUYER HAS FULLY READ AND UNDERSTANDS AND 202 ACKNOWLEDGES THAT BUYER HAS NOT RECEIVED OR RELIED UPON ANY STATEMENTS MADE BY SELLER OR ANY REAL ESTATE AGENT 203 WHICH ARE NOT HEREIN EXPRESSED. NEITHER SELLER NOR AGENT WARRANTS THE SQUARE FOOTAGE OF ANY STRUCTURE OR THE SIZE 204 OF ANY LAND BEING PURCHASED. IF SQUARE FOOTAGE OR LAND SIZE IS A MATERIAL CONSIDERATION, ALL STRUCTURES AND LAND SHOULD 205 w BE MEASURED BY BUYER PRIOR TO SIGNING THIS SALE AGREEMENT. 200 • Deed or contract to be prepared in the name of /NDCPu ,ffr ,arifc2 oh/'.rJ7 Cr. . 207 0. ' I /y pY 9 This offer shall automatically expire on Date: 0`1 - T — 7 19 AM.;,, M if not accepted within that time. 200 ▪ However, Buyer may withdraw this offer an time prior to acceptance. , 20 � This offer ma only lg accepted by Setter in w in delivered Bu er o r 200 /S E the undersigned Selling REALTOR* firrri.4 rat A) Aeritep( E.b /Z p .vi /-� lD nOl1a7"v vCO/'� •eir r'0 /� P�/iCfit l ' /..IG -Este QTi�E/N A GOR! -r7. ,? Buyer Signature: (A) -,��- — .. .7 Date: - • 'ZS , 19 ( A.M.; P.M. 2 r 1 Buyer Signature: (B) Date: , 19 A.M.; P.M. 212 Address Q uiS7 ,OEVP/O/*- -45.O/ ez7,,ficw Zip 21., n �TS Phone: Homes 9 � S F 7 d ; /tfgr44JO o M 9 �o Z l ,� 3 ' — C�. .I P;t DAT E: This offer was presented to Seller on: D ate C y" 30 // ! S Seller's Initials: 2 iu eller hereby accepts the foregoing offer. Seller agrees to pay to the above -named Selling REALTOR firm or, if this is a co -op transaction, the listing 210 broker, thg sum of $ / 8 at closing for services rendered in this transaction. Seller hereby grants such Selling 21 REALTOR firm or listing broker a lien on the proceeds of sale to secure payment of said sum, and irrevocably assigns to such Selling REALTOR° firm 2,U or listing broker an amount of those proceeds equal to said sum. Seller authorizes listing broker to order a title report and title insurance at Seller's 2 u expense and further authorizes them and escrow to pay out of the cash proceeds of sale the expenses of furnishing title insurance, Seller's recording 2•■■ fees, Seller's closing costs and any encumbrances on the property payable by Seller on or before closing. Seller is a U.S. citizen unless otherwise stated •1 _ herein (See FIRPTA clause Lines 133 through 137.) SELLER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED IN COPY OF THIS AGREEMENT, 2 c WHICH SELLER HAS FULLY READ AND UNDERSTANDS. Seller acknowledges that Seller has not received or relied on any statement made by any 22., o real estate agent which is not herein expressed. In the event Buyer fails to complete the sale as herein provided, the earnest money shall be distributed 224 c as follows after deduction of any title insurance and escrow cancellation charges: (check one) ❑ First to the listing broker, to the extent of the agreed 220 a) commission just as if the transaction had been consummated, with residue to Seller; or be XS PE�C //srra 4" e ,,EE,t:.��t. / 220 SELLER (Print full name( 1!2/ / /V ,�O l-' /O/ /TD . //// 1!2/ Seller Signature: (A) / .._.� 4 .4" �iri. _ Date:T' ? 19 -Z62 % M .; M _ a._.. Seller Signature: ( /Ai _ 1 � e �P, - ) si�� Date :__ a .��1 .7,'i P.M, 220 Pe qs Address: S. L9. .4Cl f✓"V ROA•� pe,e z/r/Vd 0/ Zip / 7✓C%C� 230 Phone: Home s z9'9 zz 06 Work (A) Work (B) of y- -- m Buyer acknowledges the foregoing agreement and acknowledges receipt of a copy thereof signed by Seller. 232 m ,04I , • / 'ate: 'f - 3 , 19 QS ; // •'Y' M.; P.M. 2.0 SIGNATURES: Buyer / ,_/ . ,// . A te,« u-._, uyer 234 , 1111111111/11111111111111111•1 REJECTION / COUNTEROFFER: 235 ❑ Seller does not accept the foregoing offer, but makes the attached counteroffer; OR ❑ Seller rejects Buyer's offer without a counteroffer. 230; SELLER (Print full name(s)• 23/ ■ u t Seller Signature: (A) Date: , 19 A.M.; P.M. 230 m o gd_ Seller Signature: (B) C Date: , 19 • A.M.; P.M. 23u ms Address: 8197 s' W D /[ y S OS i0/V42 Zip ...Ill Phone: Home Work (A) Work (B) 241 o . o Co -op transaction between above named Selling REALTOR firm and C 27de/it/ 0O 4.) 7,eo.' 4 T/ES (listing broker) and 242 7 �FJVE Z /S.4"6 7 ° % c�� m /� (listing agent). Selling REALTOR Firm to receive /o of purchase price. 2.1;, Listing broker phone: 6' 7/ a? .2/ FAX: 6 //` 0/V 244 Listing Broker initials Selling Broker initials 24b NOTE: Fill in preprinted number from Page 1 I Earnest Money Receipt No. c �y r 't I I © 1993 Portland Board of REALTORS (Rev. 10/93) r I REALTOR SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page 3 of 3 A ❑ PROFESSIONAL INSPECTION: At Buyer's expense Buyer may have the property inspected by or more professionals of Buyer's choice. ur If Buyer obtains such a written inspecti ort indicating infestation of wood - destroying pest rganisms and the necessity of repair of u: damage caused thereby, or indicating a her substantial defect in the property, Buyer may inate all obli at oof Seller and Buyer uJ hereunder by delivering written notice to do so, together with a copy of the report, to Seller or listing broker within /,business days (seven u,1 if not filled in) after the date this agreement is made, unless Seller notifies Buyer within iyVA business days (t o if not filled in) therealtei , er: 0 of Seller's agreement to do the work recommended by that report or reports. BUYER UNDERSTANDS THAT: (1) IF BUYER DOES NOT GIVE NOTICE WITHIN THE TIME PROVIDED ABOVE, THAT CONSTITUTES ACCEI'1ANCIE ur OF THE CONDITION OF THE PROPERTY; (2) IF BUYER GIVES THE NOTICE ALLOWED ABOVE, AND SELLER DOES NOT AGREE WITHIN THE oil TIME PROVIDED ABOVE TO DO THE RECOMMENDED WORK, THAT WILL TERMINATE THE RIGHTS AND OBLIGATIONS OF SELLER AND BUYER; ou AND (3) AN OFFER BY BUYER TO PROCEED WITH THE PURCHASE ONLY IF SELLER AGREES TO DO ALL OR PART OF THE RECOMMENDED ou WORK, WILL BE TREATED AS A TERMINATION NOTICE AND TERMINATE THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNLESS WITHIN u THE TIME PROVIDED ABOVE, SELLER AGREES TO DO THAT WORK. In the event of termination, Buyer's earnest money will be refunded to Buyer. uz If Seller agrees to do any recommended work, before closing Seller will do the work or cause it to be done, in a good workmanlike manner. At or u., before closing Seller will pay the cost of all labor and materials expended. ua ❑ BUYERS INSPECTION: Buyer has personally inspected the property and all elements and systems thereof. Buyer is fully satisfied and has +ru elected NOT to have an inspection performed by anyone else. err 0 THIS SALE WILL BE CLOSED IN ESCROW: Costs of escrow shall be shared equally between Seller and Buyer, unless Buyer is financing through II/ Federal VA, in which case Seller shall pay escrow costs. u,r CLOSING: TIME IS OF THE ESSENCE. Closing documents shall be executed and Buyer's funds deposited in escrow and closing shall occur on uu .o or before (.7 C 6 , 19 or as soon thereafter as financing documents can be prepared and marketable title delivered, but not lou to exceed ten (10) additional business days. This transaction is "closed" when the deed or contract is recorded and funds are disbursed to in Seller. ru:' c POSSESSION: Seller shall remove all personal property not sold to Buyer and deliver possession to Buyer: (Check one only) (1) ❑ on recording and 10.1 s disbursement of funds to Seller; (2) Y4C_L days after recording and disbursement of funds to Seller; (3) ❑ on: , 19 . ru•r PRORATIONS: Prorates for rents, current year's taxes, interest on assumed obligations, insurance premiums (if Buyer assumes the existing policy), run o and other prepaid expenses attributable to the property shall be as of : (Check one only) (1) ❑ recording and disbursement of funds 10 Seller; ruu (2) date Buyer is entitled to possession; or (3) ❑ , 19 —. Ira CLOSING /POSSESSION RENTAL: Seller agrees to pay Buyer rent at the daily rate of $ y,/ , for each day alter the date rue of closing that Seller remains in possession of the property. Such rent shall be due at closing. iv UTILITIES: Seller to pay all utility bills accrued to date Buyer is entitled to possession and Buyer to pay Seller for heating fuel then on premises, payment I Ili 5:= to be handled between Buyer and Seller outside of escrow. `� I A 2 INSURANCE: Seller to keep the property insured until closing. Insurance will be secured by Buyer at / R«4r (; . r is ESCROW DEPOSIT: The neutral escrow depository in Oregon designated below is hereby instructed by Seller, Buyer, selling REALTOR° firm and the ' r.r listing broker (if any) as follows: (1) Upon your receipt of a copy of Buyer's offer marked "rejected" by Seller or of selling REALTOR" firm's written 114 2 advice that the offer is "rejected" by Seller you are to refund the earnest money to Buyer. (2) Upon your receipt of a copy of the sale agreement r lb u o a signed by Seller, Buyer, selling REALTOR' firm and the listing broker (if any), set up an escrow account and proceed with closing in accordance with r ru w"8 the terms of the sale agreement. If you determine that the transaction cannot be closed for any reason (whether or not there is then a dispute between r ri the parties), hold the earnest money deposit until you receive mutual written instructions from Seller, Buyer, selling REALTOR` firm and the listing broker I It, (if any) as to disposition of the deposit. r is v TITLE INSURANCE: Within 30 days of closing, Seller shall furnish to Buyer an ALTA standard form of title insurance policy insuring Buyer in the amount r10 C) of the purchase price and showing good and marketable title. Prior to closing, Seller will furnish to Buyer a preliminary title report made by a title i insurance company showing the condition of the title to the property. EARNEST MONEY PAYMENT /REFUND: If Seller does not approve the sale, or cannot furnish marketable title within thirty days after notice containing 11:1 a written statement of defects is delivered to Seller, or having approved the sale, fails to consummate it, the earnest money shall be refunded, but r .24 '6.2, acceptance by Buyer of the refund does not constitute a waiver of other remedies available to Buyer. If Seller approves the sale and title is marketable r: 2 ¢ and either: (1) Buyer has misrepresented Buyer's financial status; or (2) Buyer's bank does not pay any check given as earnest money, when presented; r :r, – or (3) Buyer fails to redeem any note given as earnest money, when due; or (4) Buyer fails to complete the purchase or perform any other act as r:/ herein provided; then the earnest money herein receipted for and any additional earnest money paid or agreed to be paid shall be paid to Seller, treated r:u e2 as option money and this contract thereupon shall be of no further binding effect. It is the intention of the parties that under no circumstances shall rte Buyer be liable to Seller under this agreement beyond the amount of earnest money provided for herein. 1.111 o BINDING EFFECT /CONSENT: This agreement is binding upon the heirs, personal representatives, successors and assigns of Buyer and Seller. ill mw However, Buyer's rights under this agreement or in the property are not assignable without prior written consent of Seller. r r' FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT: The Foreign Investment in Real Property Tax Act ( "FIRPTA "), requires every person who r.r•r g. purchases real property located within the United States from a "foreign person" to deduct and withhold from the Seller's proceeds ten percent (10 %) ' ,•i a of the gross sale price, with certain exceptions, and to pay the amount withheld to the Internal Revenue Service. A "foreign person" includes a E non - resident alien individual, foreign corporation, foreign partnership, foreign trust and foreign estate. Seller and Buyer agree to execute and deliver, iuu as appropriate, any instrument, affidavit or statement, and to perform any acts reasonable or necessary to carry out the provisions of FIRMA. rrr LEVY OF ADDITIONAL PROPERTY TAXES: The property (check one) ❑ is his not specially assessed for property taxes (ey. farm, torus! ui other) in a way which may result in levy of additional taxes in the future. If, as a result of Buyer's actions or this sale of the Properly, the Properly d either is disqualified from special use assessment or loses its deferred property tax status, unless otherwise specifically provided in this ayie utuutiI, •" $a'- and s hall h old e S e e lle r completely a m le l s s a therefrom. when due, Howe as a additional Seller's actons to which losing, t be Proper is disqualified i from its entitlement to special use assessment or loses its deferred property tax status, Seller shall be responsible for and shall pay at or before closing, i, r all deferred and /or additional taxes and interest which may be levied against the Property and shall hold Buyer completely harmless therefrom. r•i•, ADDITIONAL LAND SALES CONTRACT /TRUST DEED PROVISIONS: Legal fees for contract preparation to be paid by: 0 Seller or ❑Buyer (indicate _ which). If this transaction is for a real estate contract or trust deed, after closing date Buyer agrees to pay when due all taxes and liens placed on Ihe o property and have fire and standard extended coverage insurance satisfactory to Seller on the property. Buyer's breach of any contract /Trust deed term r,r 8 shall entitle Seller to all rights available by contract /trust deed, in law or in equity, including the right to call the balance due and payable and to be reimbursed 1 r : , Q � for all costs and reasonable attorney's fees. Unless assumed by Buyer, Seller to pay all prior indebtedness on the property when due. The Buyer lure Ilre 14J option to pay any such prior indebtedness, if Seller fails to do so, and apply the amount paid against the sums due on the contract /trust deed, It'll MEDIATION /SMALL CLAIMS /ARBITRATION: Seller(s), Buyer(s), Selling REALTOR" firm and all other real estate licensees involved in this transaction ru each agree that all claims, controversies and disputes, whether they be statutory, contract or in tort (including claims of misrepresentation, concealment, it..: negligence, fraud and for fees or commissions) between or among any of them which arise out of or are related to this agreement, or which relate to Ibb the interpretation or breach of this agreement (hereinafter collectively referred to as "Claims ") shall be resolved in accordance with the mediation, small lb., • claims and arbitration provisions specified herein. The obligation of all parties to comply with these provisions shall survive closing of the sale and IOU 1 0 purchase of the property. The following matters are excluded from these provisions and do not constitute Claims: (a) judicial or non - judicial foreclosure, r;,n o g forfeiture or any other action or proceeding to collect any amount secured by or to enforce or for breach of a trust deed, mortgage or land sale ru 81 contract; (b) a forcible entry and detainer action; or (c) the filing or enforcement of a construction lien. The filing of a notice of pending action (lis roe o pendens) or the. application to any court having jurisdiction thereof for the issuance of any provisional process or other remedy described in Oregon r:,,. - - rules of civil procedure 79 through 85 (or corresponding federal remedies) including a restraining order, attachment or appointment of receiver shall rr,u not constitute a waiver of the right to, or waiver of the duty to, utilize the procedures specified herein. The proceeds resulting from the exercise of any rot such remedy shall be held by the party obtaining such proceeds, for disposition as may be determined either by an agreement of the parties pursuant rr? to a mediation, by the Small Claims judgment or by the arbitration award. g MEDIATION: All Claims shall be submitted to mediation in accordance with the rules and procedures of the Home Seller /Home Buyer's Dispute rr.n '– Resolution System of the National Association of REALTORS'. co E SMALL CLAIMS: All Claims that have not been resolved by mediation and which are within the jurisdiction of the Small Claims Department of the ruu N District Court of the State of Oregon shall be brought and determined there, and all parties waive their right to a jury trial with respect to such Claims. Ira ARBITRATION: All Claims that have not been resolved by mediation (including a non - resolution due to the inability of the parties to agree on a mediator) 1,1,1 ° and which are not within the jurisdiction of the Small Claims Department of the District Court of the State of Oregon, shall be resolved by arbitration rr;u in accordance with the then effective arbitration rules of the Arbitration Service of Portland or the American Arbitration Association, whichever IN organization is selected by the party who first initiates arbitration by filing a Claim in accordance with the filing rules of the organization selected, and rti any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. rY2 NOTE: Fill in preprinted number from Page 1 111 Earnest Money Receipt Nr Y�e /7 ® © 1993 Portland Board of REALTORS (Rev. 10/93) Buyers Initials: /_,./ Date - rV REALTOR SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page 2 of 3 - Pr: n 1 '1' 1 r'! c, , 1 r) `,/ Sellers Initials Z:-'425 c/' o The undersigned Buyer offers to purchase the following descr' ed real property situated in the County of f 5//ASN/000T:0) , State of Oregon I 'g (legal description) : �j C /L ....5-5: , 2 % 1 ,� /Sds/T/j/�3s� ( - ®� / 2 8 and commonly known as (street address) : VAC' I A',I/.0 - GALcb - e 'Ue6 'd - /, /%lx ' - e.P (- t /lam /,/ /F! ) 3 ' for the purchase price of $ ‘0 eon ek, 4 on the following terms: Earnest money herein receipted for $,a/ 000- e s on /t/ / as additional earnest money, the sum of $ — a at or before closing, the balance of down payment $ J O/ L9 On‘ tc C) i at closing and upon delivery of DEED ❑ CONTRACT the sum of (Lines 5, 6, 7, and 8 must equal Line 4) $ 6 0 s 0t E'0. C1() r, payable as follows : P X' S:" S'c C4'/1'i /V /S e'CJ.e i /✓t /7- 11(i /o•= 4 ,( /(' u --X? 2 ;os E 7 S'E, /E2. P4f//C/4!,.,S ,e 7 PA % /7/4 C'/f/J / rU ,r e.0 QS-/A ) G ce TPfI/v- J'x'F.,E' Ors - 77, , D t - ; o. 11 12 . 13 If Buyer assumes indebtedness, then in addition to the purchase price, Buyer is to pay required assumption fee and reimburse Seller for sums held in 1.1 reserve accounts. rs "a). BUYER'S REPRESENTATION: Buyer represents that Buyer has sufficient funds available to close this sale in accordance with this Agreement, and is is ;, a °• not relying on any contingent source of funds unless otherwise disclosed in writing in this Agreement. . r 7 ct IF NEW LOAN IS REQUIRED, TRANSACTION SUBJECT TO BUYER AND PROPERTY QUALIFYING FOR THE LOAN, Buyer agrees to make written ru loan application not later than business days from date an agreement is made, complete necessary papers and exert best efforts to procure ru p the loan. If discount points are required for financing, they shall be paid as follows: Buyer O up to $ //: ; Seller 20 3 >0 % up to $ N . Lender required repairs to be paid as follows: /V14 2 r iL 2'l Unless otherwise provided herein, lender required inspection fees to be paid by Buyer. ,�/ 23 SPECIAL CONDITIONS:_(I ) S9/Z! E S'�cl�J��7 7 ? a /r/S C /eera- t �� r� /U� /.7i 24 f 1eF ,c 47 .1',.°71-,o..7 �,Ar� 7 C/ Ae - > -71 r412 i-_-cg (.j 25 s/, /G4F g ' ES/.oE 7, 9e' ■C OT ` S . (z 3 Pat 4( /i0t.e . 7Z 2 :q7 - -C/8' E / 'e - X2.4 A#3 7642740 FEES'' l9 d , 7; -7 -- ..gx . Q ifl _ s ,/4/ .t/7 ?7//S PizE A� A'?r ,4, '✓ /tea .3---r..„ 28 � ° /f1g /7 "Z 'r �/ � ( ill • / 75 p r/lTD/ _ ' - 7;1(r - :zi #10' At r �J / 29 t.�� } 6 £ V / /� ' /S P/9 /c-/ 0I� 7 ? "� /` -rA 1,4 / [ G'.C, 30 For additional provisions, see Exhibit(s) 31 Seller acknowledges that if property is new construction, Seller must comply with FTC insulation disclosure requirements. THE PROPERTY DESCRIBED 32 IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND 33 N USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE 34 AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR 35 A ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR 36 E COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. Unless otherwise 37 herein provided, the property is to be conveyed by statutory warranty deed free and clear of all liens and encumbrances except taxes which are 38 a lien but not yet payable, zoning ordinances, building and use restrictions, reservations in Federal patents, utility easements of record which benefit 39 w the property or area in which the property is located, private covenants, conditions and restrictions of record for the development of which the property 40 is a part, and 4 I FIXTURES: ••• ' - . . .. - ... .. . . . . .. - ... .. " , . - - --- - . _. , 42 ... z . - . 43 - . ' - '- ::; • : :• : - -.:; fences; all planted Shrubs. 44 • 0 plants, and trees and all fixtures are to be left upon the premises as part of the property purchased, EXCEPT: AVE 45 3 4s U '' a g The following PERSONAL PROPERTY, in "as -is" condition, is included in the purchase price: / 42/1!4" 'r 7 L d 43 Unless otherwise stated, personal property included in this transaction has no value and shall not be security for the unpaid price. The following fixtures 4u are not owned by Seller and are not being sold: A/oNg 50 E ALARM SYSTEMS (if any) ❑ OWNED ❑ LEASED. If leased, Buyer ❑ will not ❑ will assume the lease at closing. Approximate monthly lease payment is 51 a $ Nf/� pgoPE,e7' /s 4. SELLER REPRESENTS OR AGREES: (1) The above c lirig-ie connected to ❑ a public sewer system, or ❑ a cesspool or septic tank; (2) at 53 the earlier of possession or closing date, the dwelling will have an approved and operating smoke detector properly installed as required by law; (3) 54 Seller has no knowledge of any hazardous substances on the property other than substances (if any) contained in appliances and equipment; (4) 55 that Seller knows of no material structural defects; (5) that all electrical wiring, heating, cooling, plumbing and irrigation equipment and systems will 55 be in good working order and that the balance of the property, including the yard, will be in substantially its present condition at the time Buyer is 57 entitled to possession; (6) that Seller has no notice of any liens to be assessed against the property; (7) that Seller has no notice from any governmental 58 agency of any violation of law relating to the property. These representations are of Seller's actual knowledge. Seller has made no investigation. 50 yr o Exceptions to items (1) through (7) are: - • Cu `° NmT and (8) that property is to; ❑ A public water system or ❑ A private well. If connected to a well Seller represents that the private water well 32 4 ` a located on or serving the property has provided an adequate supply of water during the entire year for household use, and to the best of Seller's 63 tr knowledge, the water is fit for human consumption and the continued use of the well and water is authorized by and complies with the laws of the Stale 64 m of Oregon and appropriate governmental agencies. No other representations are made concerning the water supply and well except as expressly staled 65 1- in this agreement. If the well'provides water for domestic purposes, upon Se4er's acceptance of Buyer's offer Seller will have the well tested ler nitrates t,,, and total coliform bacteria and for such other matters as are required by the Oregon Health Division. Seller shall submit the test results to the Oiellorr ur Health Division and Buyer, upon receipt. Buyer may have the well water tested for quantity or quality by a qualified tester, and obtain a written report tut of such test or tests, showing the deficiencies (if any) in the well and the standards required to correct the deficiencies, all within days (seven cu business days if not filled in) after the date an agreement is made. If the written report of the test made by Seller or the written report of any lest made /u by Buyer shows deficiencies in quantity or quality of the water, then unless Seller agrees in writing to correct the deficiencies shown on the report, Buyer / I may terminate the rights and obligations of Seller and Buyer by delivering written notice of termination, together with a copy of the report, to Seller or is the listing broker within 24 hours after the receipt by Buyer of the written test report. Seller shall have 24 hours after delivery of notice of termination, 7.1 to agree in writing to correct the deficiencies shown on the report. /.r AS IS ": Except for Seller's express agreements and representations of Seller's knowledge on Lines 53 through 74, and Seller's Property Disclosure, 75 i ai if any, Buyer is purchasing the property as is, in its present condition and with all defects apparent or not apparent. Buyer has not relied on any additional 76 representations made by Seller, selling REALTOR' firm, or listing broker (if any) regarding the size, condition, utility or any other aspect of the properly. 77 Buyer recognizes that asbestos commonly exists in insulation, ceilings, floor coverings and other areas in many residential properties. Seller makes 78 no representations regarding the presence or condition of asbestos in the property. 79 I it Earnest Money Receipt No. 94_ •• • l , ' ` © 1993 Portland Board of REALTORS' (Rev. 10/93) Buyers Initials: Date • -'j . ZS - c'� REALTOR SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page 1 of 3 ` i I I I I ' ` ' . I : i I l ' • Sellers Initials: , t i _ . . . _ ` . _ _.... C 2 /.. ,. o iii •=8 - Washington (OR)- - • RefPc1:1S135CA 04600 XfrDte:05 /04/95 Name:GREELEY BARBARA JEANETTE B1dgSF:2,416 SalePr:$156,000 Site:11350 SW GREENBURG RD PORTLAND 97223 Bedrr :6 Total : Mail:8585 SW ALYSSA LN PORTLAND OR 97225 Baths : Land . Use :1012 RES,IMPROVED YrBlt :1965 Improv: Census:309.00 - 1 T -Bros: 655 D3 Acres :.31 94 -95Tx: Legal:PARTITION PLAT 1994 -068, LOT 2, $/SqFt:$64.57 1_9- ■ RefPc1:1S135CA 01200 XfrDte:11 /08/94 Name:MACY RAYmON B1dgSF: SalePr:$300,000 Site:11380 SW GREENBURG RD TIGARD 97223 Bedrms: Total :$298,450 Mail:8245 SW CANYON RD PORTLAND OR 97225 Baths : Land :$58,500 Use :7012 RES,MULTIPLE HOUSING, IMPROVEMENTS YrBlt : Improv :$239,950 Census :309.00 - 1 T -Bros: 655 D3 Acres :.52 94- 95Tx:$4,667.53 Legal :ACRES .52 $/SqFt: ■ =10 • RefPc1:1S135CA 01300 XfrDte:04 /25/94 Name:TABB JAMES R ]ldgSF:1,236 SalePr:$116,000 Site:11400 SW GREENBURG RD TIGARD 97223 Bedrms:3 Total :$110,840 Mai1:11400 SW GREENBURG RD TIGARD OR 97223 Baths :1.00 Land :$48,300 Use :1012 RES,IMPROVED YrBlt :1950 Improv:$62,540 Census:309.00 - 1 T -arcs: 655 E3 Acres :.60 94- 95Tx:$1,733.47 Legal:ACRES .60 $ /SgFt:$93.85 •-11' • RefPc1:1S135CA 01400 XfrDte: Name:WONG NORMAN K F;ANN M BldgSF: SalePr: Site:11410 SW GREENBURG RD TIGARD 97223 Bedrms: Total :$457,870 Mail:2433 NE 11TH AVE PORTLAND OR 97212 Baths : Land- :$80,000 Use :7012 RES,MULTIPLE HOUSING,IMPROVEMENTS YrBlt : Improv :$377,870 Census:309.00 - 1 T -Bros: 655 E3 Acres :.69 94- 95Tx:$7,160.73 Legal :ACRES .69 $/SqFt: ■ =12 • — • RefPc1:1S135CA 01402 XfrDte; Name:WONG NORMAN K F;ANN M BldgSF:1,776 SalePr: Site:11420 SW GREENBURG RD TIGARD 97223 Bedrms:3 Total :$88,640 Mail:2433 NE 11TH AVE PORTLAND OR 97212 Baths :1.00 Land :$32,780 Use :1012 RES,IMPROVED YrB].t :1950 Improv :$55,860 Census:309.00 - 1 T -Bros: 655 E3 Acres :.20 94- 95Tx:$1,386.25 Legal:ACRES .20 $/SqFt: ■ =13 — - • RefPc1:1S135CA 01202 XfxDte:10 /06/89 Name:LOS ARCOS ASSOCIATES B1dgSF: SalePr: Sate :9900 SW NORTH DAKOTA ST TIGARD 97223 Bedrms: Total :$993,800 Mail :PO BOX 389 PALO ALTO CA 94302 Baths : Land :$154,800 Use :7012 RES,MULTIPLE HOUSING,IMPROVEMENTS YrBlt : Improv:$839,000 Census:309.00 - 1 T -Bros: 655 E3 Acres :1.62 94- 95Tx:$15,542.24 Legal:ACRES 1.62 $/SqFt: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 80/221 E669 PSZ LOS 3O I ndSS d3WOIS(l0 9f : T T SEE T-22-111f . 411 ■ =1 Washington (OR) ■ RefPc1:1S135CD 08900 XfrDte:04 /20/94 Name:DRENNAN JOHN W;DAVID A B1dgSF: SalePr:$32,500 Site: *NO SITE ADDRESS* Bedrms: Total :$28,000 Mai1:PO BOX 23603 TIGARD OR 97281 Baths : Land :$28,000 Use :1002 VACANT,RESIDENTIAL YrBlt : Improv: Census: - T -Bros: Acres :.17 94- 95Tx:$432.70 Legal:PARTITION PLAT 1994 -029, LOT 2, $ /SgFt: ■ =2 • RefPc1 :1S135CD 00900 XfrDte:06 /21/94 Name:CAHN PROPERTIES LTD PARTNERSHIP BldgSF: SalePr: Site:11461 SW 98TH AVE TIGARD 97223 Bedrms: Total :$1,229,000 Mail:5795 SW CRANBERRY CT BEAVERTON OR 97007 Baths : Land :$137,600 Use :7012 RES,MULTIPLE HOUSING,IMPROVEMENTS YrBlt : Improv:$1,091,400 Census :309.00 - 1 T -Bros: 655 E3 Acres :2.83 94- 95Tx:$18,991.97 Legal:ACRES 2,83 $/SqFt: ■ =3 U RefPc1:1S135CD 00790 XfrDte:10 /11/90 Name:LEAM FAMILY TRUST B1dgSP:1,174 SalePr: Site:11520 SW 98TH AVE TIGARD 97223 Bedrms:3 Total :$87,010 Mail:11520 SW 98TH AVE TIGARD OR 97223 Baths :2.00 Land :$41,400 Use :1012 RES,IMPROVED YrBlt :1952 Improv:$45,610 Census:309.00 - 1 T -Bros: 655 E3 Acres :.39 94 95Tx:$1,344.58 Legal:ACRES .39 $/SqFt: • -=4 RefPc1:1S135CD 01500 XfrDte:08 /13/90 Name:LEAR WILLIAM K BldgSF:796 SalePr:$44,000 Site:11550 SW 98TH AVE TIGARD 97223 Bedrms:2 Total :$77,830 Mai1:11550 SW 98TH AVE TIGARD OR 97223 Baths :1.00 Land :$41,400 Use :1012 RES,IMPROVED YrBlt :1950 Improv :$36,430 Census :309.00 - 1 T-Bros: 655 E3 Acres : 94- 95Tx:$1,202.72 Legal: $ /SgFt:$55.28 ■ - • RefPc1:1S135CD 01001 XfrDte:01 /06/89 Name:HOVIS DONALD R;CHERIE L B1dgSF:1,524 SalePr: Site:11585 SW 98TH AVE TIGARD 97223 Bedrms:3 Total :$98,570 Mail:11585 SW 98TH AVE TIGARD OR 97223 Baths :2.00 Land :$36,230 Use :1012 RES,IMPROVED YrBlt :1955 Improv:$62,340 Census:309.00 - 1 T -Bros: 655 E3 Acres :.27 94- 95Tx:$1,523.21 Legal :ACRES .27 $/SqFt: 1 = • RefPc1:1S135CD 08800 XfrDte:04 /19/94 Name:SATTERLUND SCOTT C;CYNTHIA K BldgSF:1,220 SalePr :$89,500 Site:11414 SW GREENBURG RD TIGARD 97223 Bedrms:3 Total :$91,360 Mail:Po BOX 230269 TIGARD OR 97281 Baths : Land :$34,500 Use :1012 RES,IMPROVED YrBlt :1947 Improv:$56,860 Census:309.00 - 1 T -Bros: 655 E3 Acres :.19 94- 95Tx:$1,411.77 Legal :PARTITION PLAT 1994 -029, LOT 1, $/SqFt:$73.36 ' = • RefPc1:1S135CD 00700 XfrDte: Name:TORLAND DORIS BldgSF:998 SalePr: Site:11425 SW GREENBURG RD TIGARD 97223 Bedrms:3 Total :$84,880 Mail:11425 SW GREENBURG RD TIGARD OR 97223 Baths : Land :$39,680 Use :1012 RES,IMPROVED YrBlt :1953 Improv :$45,200 Census:309.00 - 1 T -Bros: 655 E3 Acres :.77 94- 95Tx:$1,195.78 Legal:ACREs .77, SENIOR CITIZEN DEFERRAL $/SqFt: The Information Provided. Is Deemed Reliable, But Is Not Guaranteed. 80/90'd D669 PSI £aS 30 I C d3S d3W01Sf10 82 : T T S66 T-22-111f I ■ =8 Washington (OR) ■ RefPcl:1S135CD 01004 XfrDte:07 /28/93 .Name :TOWE MARIE A;BOB G BldgSF:1,728 SalePr: Site:9905 SW SCOTT CT TIGARD 97223 Bedrms:4 Total :$112,090 Mail:12690 N RIM PL CROOKED RIVER RANCH OR 977Baths :2.00 Land :$32,300 Use :1012 RES,IMPROVED YrBlt :1976 Improv:$79,790 Census:309.00 - 1 T -Bros: 655 E3 Acres : 94- 95Tx:$1,732.17 Legal:SCOTT, LOT 2 $ /SgFt: RefPc1:1S135CD 01005 XfrDte:01 /06/93 Name:SCOTT GEORGE O;DONNA M B1dgSF:1,696 SalePr: Site:9937 SW SCOTT CT TIGARD 97223 Bedrms:4 Total :$112,890 Mail:11640 SW 135TH AVE TIGARD OR 97223 Baths :2.00 Land :$32,300 Use :1012 RES,IMPROVED YrBlt :1976 Improv:$80,590 Census:309.00 - 1 T -Bros: 655 E3 Acres : 94- 95Tx:$1,744.53 Legal:SCOTT, LOT 3 $/SqFt: ■ =10 • Re£Pc1:1S135CD 01006 XfrDte:07 /01/92 Name:MUESKE LAVERN R;KAREN KIM B1dgSF:2,152 SalePr :$106,300 Site:9955 SW SCOTT CT TIGARD 97223 Bedrms:4 Total :$129,330 Mail:9955 SW SCOTT CT #57 TIGARD OR 97223 Baths :2.00 Land :$32,300 Use :1012 RES,IMPROVED YrBlt :1976 Improv:$97,030 Census:309.00 - 1 T -Bras: 655 E3 Acres : 94 -95Tx :$1,998.55 Legal:SCOTT, LOT 4 $/SqFt:$49.40 ■ =11- ■ RefPcl:1S135CD 01007 XfrDte: Name:MORROW MARK A;JANICE B1dgSF:3,405 SalePr:$97,000 Site:9975 SW SCOTT CT TIGARD 97223 Bedrms :7 Total :$165,370 Mail:15155 SW 141ST AVE TIGARD OR 97224 Baths :5.00 Land :$35,150 Use :1012 RES,IMPROVED YrBlt :1980 Improv:$130,220 Census:309.00 - 1 T -Bros: 655 E3 Acres : 94- 95Tx:$2,555.50 Legal:SCOTT, LOT 5 $/SqFt:$28.49 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 80/42'd 2669 1?SE SOS EDINK95213140131.13 8Z : T T S66 T- LO -1flt III 1 1--1 Washington (OR) - • RefPc1:1S135CA 00902 XfrDte:08 /11/92 Name:BERDICHEVSKY OSCAR;JUDITH BldgSF: SalePr:$737,500 Site: *NO SITE ADDRESS* Bedrms: Total :$743,580 Mail:8616 SW 47TH AVE PORTLAND OR 97219 Baths : Land :$125,000 Use :7012 RES,MULTIPLE HOUSING,IMPROVEMENTS YrBlt : Improv :$618,580 Census: - T -Bros: Acres :2.18 94- 95Tx:$11,490.71 Legal:ACRES 2.18 $ /SgFt: ■ =2 - • RefPc1:1S135CA 01001 XfrDte:04 /21/95 Name:THORNTON NORMALITA A B1dgSF:1,215 SalePr: Site: *NO SITE ADDRESS* Bedrms:3 Total :$96,690 Mai1:8580 SW INEZ ST TIGARD OR 97224 Bathe :2.00 Land :$34,500 Use :1012 RES,IMPROVED YrBlt :1960 Improv :$62,190 Census: - T -Bros: Acres :.17 94- 95Tx:$1,494.16 Legal:ACRES .17 $/SqFt: ■ =3 • RefPcl:1S135CA 01203 XfrDte:12 /31/90 Name:TIGARD CITY OF BldgSF: SalePr:$3,350 Site: *NO SITE ADDRESS* Bedrms: Total : Mail:PO BOX 23397 TIGARD OR 97281 Baths : Land . Use :9152 GOV,CITY YrBlt : Improv: Census: - T -Bros: Acres :.03 94 -95Tx: Legal:ACRES .03, NON - ASSESSABLE $/SqFt: •=4 — — ■ RefPcl:1S135CA 04500 XfrDte; Name:RABER BARRY B1dgSF: SalePr: Site: *NO SITE ADDRESS* Bedrms: Total : Mail:11220 NW KEARNEY ST PORTLAND OR 97229 Baths : Land . Use :1002 VACANT,RESIDENTIAL YrBlt : Improv: Census: - T -Bros: Acres :.12 94 -95Tx: Legal :PARTITION PLAT 1994 -068, LOT 1, $ /SqFt: RefPc1:1S135CA 01100 XfrDte: Name:GROW RUSSELL B ;ALICE M B1dgSF:3,266 SalePr: Site:11455 SW 98TH AVE TIGARD 97223 Bedrms:4 Total :$203,690 Mail :11455 SW 98TH AVE TIGARD OR 97223 Baths :2.00 Land :$44,850 Use :1012 RES,IMPROVED YrBlt :1954 Improv:$158,840 Census:309.0o - 1 T -Bros: 655 E3 Acres :.69 94- 95Tx:$3,147.66 Legal:ACRES .69 $/SqFt: 8=6 _ —. - • RefPcl:1S135CA 00800 XfrDte:12 /15/89 Name:WALNUT SQUARE INVESTORS LTD BldgSF: SalePr: Site:11255 SW GREENBURG RD TIGARD 97223 Bedrms: Total :$1,032,610 Mail:PO BOX 1989 LAKE OSWEGO OR 97035 Baths : Land :$154,800 Use :7012 RES,MULTIPLE HOUSING,IMPROVEMENTS YrBlt : Improv:$877,810 Census:309.00 - 1 T -Bros: 655 D3 Acres :1.60 94- 95Tx:$15,957.14 Legal:ACRES 1.60 $/SqFt: . . 7 - ---- -- - - -- - ■ RefPc1:1S135CA 00900 XfrDte:08 /21/89 Name:ROGERS ALICE M;AMY JEAN B1dgSF:2,940 SalePr: Site:11335 SW GREENBURG RD TIGARD 97223 Bedrms:3 Total :$125,500 Mail:11335 SW GREENBURG RD TIGARD OR 97223 Baths :2.00 Land :$46,580 Use :1012 RES,IMPROVED YrBlt :1950 Improv :$78,920 Census:309.00 - 1 T -Bros: 655 D3 Acres :.59 94- 95Tx:$1,939.38 Legal:ACRES .59 $/SqFt: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 80 /2 @'d 2669 tS2 LOS 33I063S d3WO1Sf3 92:TT S66T- 2.2-inf / CC i Or .4 4 ,,.!• J•44 4 1.7:4 r / l • 4,.., • r ... * i .7 :-..: 31. 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' :':::•:: .. •„ : .,.... ..J \ , • j • • A ,0 :::. ..:••• 4' 64. •V!„..4441„,„.•••44.'"•• •••• • • CITY OF TIGARD Allk■ PRE- APPLICATION CONFERENCE NOTES RESIDENTIAL CITY OF TIGARD OREGON DATE: 1%1996 STAFF: W tbnaee4 APPLICANT: AGENT: A\IF 1JL5t • Phone: ( ) Phone: ( ) 611 - O;9) PROPERTY LOCATION ADDRESS: &REE01r2bT l SB E R 4 TAX MAPITAX LOT: /51 35 CA - /101 NECESSARY APPLICATION(S): 50131;16 lSl0 III JPI6X — '2 7)OlJ PROPOSAL DESCRIPTION: 5onivitie Itxtr. lefts 5. f. A cH COMPREHENSIVE PLAN DESIGNATION: Met h»1 DEO6) ?y/ ZONING DESIGNATION: R° toy CITIZEN INVOLVEMENT FACILITATOR: tae/ 5 re vews TEAM AREA: , otvr PHONE: (503) (9 3 r /o? S'[ ZONING DISTRICT DIMENSIONAL REQUIREMENTS ��;; Minimum lot size: 3,060sq. ft. Average lot width: JI,/h ft. Maximum building height: 3S ft. etbacks: front /5 ft. side 6 ft. rear /5 ft. garage .PC ft. corner /0 ft. from street. Maximum site coverage: $O % Minimum landscaped or natural vegetation area: 070 % fm6 CO7 /d C Minn LOT DIMENSIONAL REQUIREMENTS Minimum of frontage: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15 foot wide access easement. The depth of all lots shall not exceed 2' /a times the average width, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. (Refer to Code Section 18.164.060 Lots) CITY OF TIGARD Pre-Application Conference Notes Page 1 of 7 Residential ApplicationlPlanning Department Section • • sde has a o of‘ hey �� /146 PECIAL SETBACKS—) • Streets: c�. O feel, the centerline of GR etillhAtir I TA.* ?pp ital. SG mhos • Established areas: feet from • Lower intensity zones: feet, along the site's boundary. • Flag lot: 10 foot side yard setback. • Zero lot line lots: minimum 10 foot separation between buildings. • Multi- family residential building separation: (Refer to Code Section 18.96.030) Accessory structures up to 528 square feet in size may be permitted on lots less than 2.5 acres in size - 5 foot minimum setback from side and rear lot lines. Accessory structure up to 1000 square feet on parcels of at least 2.5 acres in size (See applicable zoning district setbacks for primary structures.) BUILDING HEIGHT PROVISIONS • Maximum height of 30 feet in R -1, R -2, R -3.5 and R -4.5 zones. © Maximum height of 35 feet in R -7 and R -12 zones. • Maximum height of 45 feet in the R -25 zone. • Maximum height of 60 feet in the R -40 zone. FLAGj.CHIMILDING HEIGy -PFi1 ISIONS Maximum height o /2 stories or 25 feet, whichever is less in most zones; 2Y2 stories, or 35 feet in R -7, R -12, R -25 or R -40 zones provided that the standards of Code Section 18.98.030(B) are met. cZ E.11TJAL DENSITY CALCULATION The Net Residential Units allowed on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: 1. All sensitive lands areas including: a. Land within the 100 year floodplain. b. Slopes exceeding 25%. c. Drainageways. 2. Land dedicated for park purposes. 3. Public right -of -way dedication. SF *lfoc r 00% 6Rosis Awes 4. All land to be provided for private streets (includes accessways through parking areas). (Refer to Code Section 18.92) BJS When block lengths greater than 600 feet are permitted, pedestrianlbikeways shall be provided through the block. (Refer to Code Section 18.164.040) RESID DENSITYURAN ER The City of Tigard allows a Residential Density Transfer of up to 25% of the units that could otherwise have been developed on sensitive lands areas listed in (1.) above which may be applied to the developable portion of the site. (Refer to Code Section 18.92.030). It is the responsibility of the applicant for a residential development application to provide a detailed calculation for both the permitted residential density and the requested density transfer. CITY OF TIGARD Pre - Application Conference Notes Page 2 of 7 Residential Application/Planning Department Section RESIp. 1u1iAL DENSITY TRAJIISrITION Regardless of the allowed housing t in a zoning district, any property within 11/Peet of a designated established area shall not be developed at a density greater than 125 percent of the maximum Comprehensive Plan designation (not zoning) of the adjacent parcel. Transition area applies to any property which is a designated established area. The subject property is designated as an area. The subject property is adjoined by establishedldevelopinglareas to the north, south, east and west. FUT STBEFrPLAIy,ANTIXT USI@N'OF STREETS 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. (Refer to Code Section 18.164.030) CESIDENTIAL DEVELOPMENT SOLAR ACCESS REQUIREMENT° All subdivisions and minor partitions are subject to solar access requirements. These requirements state that a minimum of 80% of all lots created must be oriented for solar accessibility. The basic standard, which determines solar accessibility, requires that 80% of total number of proposed lots: 1. Demonstrate a north -south dimension of at least 90 feet. 2. Demonstrate a front lot line orientation within 30 degrees of a true east -west axis. The total or partial exemption of a site from the solar access requirement may be approved for the following reasons: 1. East, west or north slopes steeper than 20 %. 2. Off -site shade sources (structures, vegetation, topography). 3. On -site shade sources (vegetation). Adjustments allowing a reduction of the 80% solar lot design requirement may be made for the following reasons: 1. Reduced density or an increased cost of at least five percent due to either: a. East, west or north slope greater than 10%. b. Significant natural feature. c. Existing road or lotting pattern. d. Public easement or right-of-way. 2. Reduction in important development amenities. 3. Pre-existing shade (vegetation). PLEASE•NOTE: Maps and text are required which are sufficient to show that the development complies with the solar design standards, or that specific lots should be exempted or adjusted out. The following items shall be included in the analysis: .............................. CITY OF TIGARD Pre - Application Conference Notes Page 3 of 7 Residential Application/Planning Department Section 1. The north -south lot dimensnd front lot line orientation of each propose. 2. Protected solar building tin d relevant building site restrictions, if applic 3. For the purpose of identifying trees related to exemption requests, a map showing existing trees which are at least 30 feet tall and over 6 inches diameter at a point 4 feet above grade shall be submitted. This map shall include the following: a. Height. b. Diameter. c. Species. d. A statement declaring that they are to be retained. 4. Copies of all private restrictions relating to solar access. The design characteristics of a developed solar - oriented lot are high levels of wintertime sun striking the south walls and roofs of the house, house orientation maximizing south window area, and a south - sloping roof area. To achieve this, one may utilize the following: 1. Protected Solar Building Line - The solar building line must: a. Be oriented to within 30 degrees of a true east -west axis. b. Provide a minimum distance of 70 feet from the middle of the lot to the south property line. c. Provide a minimum distance of 45 feet from the northernmost buildable boundary of the subject lot to the north property line. 2. Performance Options - There are two performance options which may be utilized as follows: a. The house to be oriented within 30 degrees of an east -west axis and have at least 80% of the ground floor's south wall protected from shade. b. At least 32% of the glass and 500 square feet of the roof area face south and be protected from shade. Please contact the Building Division for further information regarding the Protected Solar Building Line and Performance Options relating to building height and construction. D ING AND ACCESS All parking areas and driveways must be paved. Single family: Requires 2 off - street parking spaces per dwelling unit. • Mu til ple family: Requires 1.5 parking spaces per unit for 1 bedroom. Requires 2 parking spaces per unit for 1+ bedrooms. Multi- family dwelling units with more than 10 required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. (Refer to Code Section 18.106.030) No more than 40% of required spaces may be designated andlor dimensioned as compact spaces. Parking stalls shall be dimensioned as follows: • Standard parking space dimensions: 8 ft. 8 inches X 18 ft. • Compact parking space dimensions: 8 ft. X 15 ft. • Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. CITY OF TIGARD Pre - Application Conference Notes Page 4 of 7 Residential Application/Planning Department Section Bicycle racks are required for multi -f , commercial and industrial developments. Bike racks shall be located in areas protected from automobile traffic and in corn/Mt locations. Bicycle parking spaces shall be ided on the basis of one space for every 15 required vehicular parking spaces. • Minimum number of accesses: I Minimum access width: Maximum access width: Minimum pavement width: 070 c caliZED WALKWAY nr�.gs Within all attached housing I I and multi - family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, common open space and recreation facilities. C EAR VISION AREA The City requires that clear vision areas be maintained between three and eight feet in height at roadldriveway, roadlrailroad, and roadlroad intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) (3-Rrca"e020- 1FFERING AND SCREENIN� '% + In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Chapter 18.100) The required buffer widths which are applicable to your proposal area are as follows: ft. along north boundary. /O ft. along east boundary. ft. along south boundary. /0 ft. along west boundary. firnACe' JT S. F. In addition, sight obscuring screening is required along BAST CA) S7 GREET TREE Street trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right -of -way or on private property within six feet of the right -of- way boundary. Street trees must have a minimum caliper of at least two inches when measured four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A minimum of tree for every seven parking spaces must be pl ed in and around all parking areas in order to vide a vegetative canopy of . Landscaped parking areas shall include spe • design features which effectively screen parking lot areas from view. ese design features may include the use of land ped berms, decorative walls, and raised pla rs. For detailed information on sign requirements for parking areas and acces s. (Refer to Code Chapters 18.100, 18.1 and 18.108) SIGNS Sign permits must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. CITY OF TIGARD Pre - Application Conference Notes Page 5 of 7 Residential Application /Planning Department Section S91SrlfiE LANDS The Code provides regulations for larahich are potentially unsuitable for developmelka to areas within the 100 -year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, or on unstable ground. Staff will attempt to preliminarily identify sensitive lands areas at the pre - application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive lands areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. (Refer to Code Chapter 18.84) Chapter 18.84 also provides regulations for the use, protection, or modification of sensitive lands areas. Residential development is prohibited within floodplains. In most cases, dedication of 100 -year floodplain areas to the City for park and open space areas is required as a condition of the approval of a development application. RRATIV h e applicant shall submit a narrative which provides findings for all applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. Applicant should review code for applicable criteria. C4FInHRnRHOOD MEETIN The applicant shall notify all property owners within 250 feet and the appropriate CIT Facilitator of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Manta la 1&11 int ADDITIONAL CONCERNS OR COMMENTS: PROCEDURE Administrative staff review. ./'Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. CITY OF TIGARD Pre - Application Conference Notes Page 6 of 7 Residential ApplicationlPlanning Department Section APPLICATION SUBMITTAL PROCESS All applications must be accepted by ilannin Division staff member of the Communiievelopment Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications submitted after 4:30 P.M. on Thursday will be batched for processing with the following week's applications. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8.5 inch by 11 inch map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10, to 20 day public period follows all land use decisions. An appeal on this matter would be heard by the Tigard . A basic flow chart which illustrates the review process is available from the Planning Division upon request. C a‘) C ' ® Iiis pre - application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. P1 ASE N . 'E The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information .............................. required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Additional pre - application conference(s) islare required if an application(s) islare to be submitted more than six months following this pre - application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: V ANa2E,9 CITY OF TIGARD PLANNING DIVISION PHONE: (5031639.4171 CITY OF TIGARD Pre - Application Conference Notes Page 7 of 7 Residential Application/Planning Department Section • • PUBLIC FACILITIES CITY OF TIGARD • The purpose of the pre - application conference is to: OREGON (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right•of-wav dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights -of -way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: / itik to 3o feet from centerline. (2.) to feet from centerline. (3.) to feet from centerline. Street improvements: (1.) street improvements will be necessary along 40f3v -- SI (2.) street improvements will be necessary along (3.) Street improvements shall include feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five -foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector streets, or in the Central Business District), necessary street signs, streetlights, and a two year streetlighting fee. RE64Pt2oc,oCt— A a s R o o fc n .. Foruvt r v6 p4u-ir CITY OF TIGARD Pre - Application Conference Notes Page 1 of 3 Residential Application!Engineering Department Section In some cases, where street imprgianents or other necessary public improvernat are not currently practical, the street improvements may be deferred. In MI cases, a condition of development approval be specified which requires the property owner's) to execute a non- remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district formed to improve: (1.) (2.) Pedestrianwayslbikeways: Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) e inch line which is located in ,4A *(Age, . The proposed development must be connected to a sanitary sewer. It is the developer's responsibility to extend the sewer along the proposed development site's 0)472zt,0 mslloo u #4, Pr2 (4/2e9 //svaPIAPPer . fit. 674.C4.1- z-or Water Supply: The Water District • Phone:1503) provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. GOit/itlA'r7 ,V//_ i1/1“452_, Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526-2502) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. 1i -` 714 t) A WA4 xezpa Other Agency Permits: Storm sewer improvements: STORMWATER QUALITY FEES The Unified Sewerage Agency has established, and the City has agreed to enforce, Resolution No. 90-43 Surface Water Management Regulations which requires the construction of on -site water quality facilities. At the discretion of the City, the applicant may be offered an opportunity to pay a fee in lieu of the construction of such a facility. The resolution requires the construction of a water quality facility and/or the payment of a fee. The fee shall be based upon the amount of impervious surface; for every 2,640 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall determine if a fee may be paid or a facility shall be constructed. PAY P CITY OF TIGARD Pre - Application Conference Notes Page 2 of 3 Residential ApplicationlEngineering Department Section • TRAFFIC IMPACT FEES • In 1990, Washington County adopted a countywide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. n4 STREET OPENING PERMIT No work shall be preformed within a public right -of -way, or shall commence, until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. PREPARED ENGINEERING DIVISION PHONE: (503) 639.4171 h:lloginlpattylpreapp.mst (eng.section preapp.eng) January 11, 1995 CITY OF TIGARD Pre-Application Conference Notes Page 3 of 3 Residential ApplicationlEngineering Department Section • ' • Staff Date ‘`t CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your • application. See your application for further explanation of these items or call Planning at 639 -4171. ITEMS TO BE BASIC MATERIALS INCLUDED: A) Application form (1 copy) [• f 8) Owner's signature /written authorization [ ]" C) Title transfer instrument [-1 0) Assessor's map C 3 E) Plot or site plan (I F) Applicant's statement [-Jr ( - - = - -..._ - ._ - .. - C ] (H) Filing fee (S SEE FcE) C ] scMEWie SPECIFIC MATERIALS �y A) . Site Information showing (No. of copies Ib ): ( ') 1) Vicinity Map - CI • 2) Site size b dimensions [' 3) Contour lines (2 ft at O-10% or 5 ft for grades > 10%) [f] 4) Drainage patterns, courses, and ponds [✓]' 5) Locations of natural hazard areas including: a) Floodplain areas C ] b) Slopes in excess of 25% C 3 c) Unstable ground C 3 d) Areas with high seasonal water table C 3 e) Areas with severe scil erosion potential [ 3 f) Areas having severely weak foundation soils [ 3 6) Location of resource areas as shown on the Comprehensive • Map inventory including: a) Wildlife habitats • ' C 3 b) Wetlands • • - C ] • 7) Other site features: a) Rock outcroppings • C 3 b) Trees with 6' + caliper measured 4 feet from ground level :. - [yl '8) Location of existing ..structures and their uses • - • • DI • : 9) Location and type. of on and off -site noise sources [ ] 10) Location of existing :utilities and easements, . . [ai:•.. • 11) Location of existing:: dedicated right -of- ways • .. 8). Site Development Plari" 'ng'_ .(No:' of copies ): - [ ] ,r 1) The proposed �3 properties. � . s ite _ surroucidi . [ ] ;r . �` -} - +_ • 2) Contour • line in li- . ` .. C ] - • 3) The location; mensions and names of all:'.. a) Ex platted streets 6 other public ways . and ea ements on the site and on adjoining • [ 3 • props i e s - APPLICATION CHECKLIST - Page 1 : . • b) ` roposed streets or other publilllbys b easements on the site. C 3 c) Alternative routes of dead end or proposed streets that require future extension C ] 4) The location and dimension of: a) Entrances and exits on the site [ 3 b) Parking and circulation areas C ] c) Loading and services areas [ 3 d) Pedestrian and bicycle circulation C ] e) Outdoor common areas, [ 3 f) Above ground utilities C 3 5) The location, dimensions & setback distances of all: a) Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 feet of the site C 3 b) Proposed structures, improvements, utilities and easements on the site C ] 6) Storm drainage facilities and analysis of downstream conditions C ] 7) Sanitary sewer facilities C 3 8) The location of areas to be landscaped C ] 9) The location and type of outdoor lighting considering crime prevention techniques C ] 10) The location of mailboxes C 3 11) The location of all structures and their orientation [ ] 12) Existing or proposed sewer reimbursement agreements [ 3 C) Grading Plan (No. of copies lci ) C-T The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1) The location and extent to which grading will take place indicating general contour lines, slope ratios and soil stabilization proposals, and time of year it is proposed to be done. 2) A statement from a registered engineer supported by data factual substantiating: a) Subsurface exploration and geotechnical engineering report C ] • • The validity of sanitary sewer and storm drainage service proposals . C 3 c) That all problems will be mitigated and how they will be mitigated • C-le' • 0) Architectural Drawings (No:: of copies • )7.4- -: C ] The site development proposal shall include: 1) . Floor plans indi 'ng the square footage-of all structures •sed for use. on -site; and .[ 3 2) - Typical eleva, 'on drawings .of structure. .. _ . :[ ] ._ . - • - . E) Landscape Plan (No. of 'es- _ ) : _ • • ' .: C • The landscape plan: steal be. drawn at the. same • scale of the -_ :.• • • site analysis plan or larger scale if necessary and •shall •_• - . indicate: ' 1) Description of irrigation system where applicable [ 2) Location and ight of fences, buffers and screenings [ ]. • APPLICATION CHECKLIST — Page 2 - 3) Loon of terra s, decks, shelterleplay areas and common open spaces [ 3 4) Location, type size and species of existing and proposed pl t materials. C 3 The landscape pl shall include a narrative which addresses: . 1) Soil condi ons. [ 3 2) Erosion c trol measures that will be used. [ 3 F). Sign Drawings Sign drawings sha be submitted in accordance with Chapter . 18.114 of the a as part of Site Development Review or prior to obtai ng a Building Permit to construct the sign. [ ] G) Traffic generation estimate C 3 H) Preliminary partition or lot line adjustment map showing (No. of Copies ): 1) The owner of the subject parcel C 3 2) The owner's authorized agent [ 3 3) The map scale, (20.50,100 or 200 feet -1), inch north arrow and date C ] 4) Description of parcel location and boundaries [ ] 5) Location, width and names of streets,. easements and other public ways within and adjacent to the parcel [ ] 6) Location of all permanent buildings on and within 25 feet of all property lines [ 3 7) Location and width of all water courses C 3 8) Location of any trees with or greater caliper at • 4 feet above ground level [ 3 9) All slopes greater than 25% C 3 10) Location of existing utilities and utility easements [ ] 11) For major land partition which creates a public street: a) The proposed right- of-way location and width [ ] • b) A scaled cross- section of the proposed street plus any reserve strip [ 3 12) Any applicable deed restrictions C 3 . 13) Evidence that land partition will not preclude efficient future land division where applicable [ ] I) Subdivision Preliminary.Plat Man and data showinq(No. of Copies 19 ): 1) Scale equaling 30,50,100 or 200 feet to the inch ' and limited to one phase per sheet [Jr 2) The proposed name.of the subdivision . "ti . 3) Vicinity map showing property's relationship to arterial and.collector, streets - ('- .• 4) Names,' addresses and.telephone .numbers of the owner developer, engineer,- surveyer,•designer, as applicable[✓ 5) Date of application:::::. ; - (w • • 6) Boundary lines of tractto be = subdi . • .. ,. [. , •. . 7) Names of adjacent;•subdivision.or.naiaes of recorded. . :. . owners of adjoining parcels' of unsubdivided land (.0.1.:::::.-...,s 8) Contour lines related. to:-..a City- established bench • . . - ' r.= •� -•- •: mark at 2 -foot. intervals for-0-10% grades greater than 1Ox [-1 APPLICATION CHECKLIST- Page 3 ... . 9) The se, location, type and size 11 of the fol ing (within and adjacent to the roposed subdivision): [ • a) Public and private right-of-ways and easements [kr b) Public and private sanitary and storm sewer lines (/!f c) Domestic water mains including fire hydrants [� d) Major power telephone transmission lines (50,000 volts or greater) C ] e) Watercourses [ ] f) Deed reservations for parks, open space, pathways and other land encumbrances [ ] 10) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated [v]' 11) Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. [✓f 12) Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision. [1 13) Scaled cross sections of proposed street right -of -way; [PT 14) The location of all areas subject to inundation or storm water overflow C 15) location, width and direction of flow of all water- courses and drainage ways C 16) The proposed lot configurations, approx mate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots [y' 17) The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings, if any (;4 18) The existing uses the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting [v]" 19) Supplemental information including: a) Proposed deed restrictions (if any) ( b) Proof of property ownership c) A proposed plan for provision of subdivision improvements firr 20) Existing natural features including rock out croppings, wetlands and marsh areas._ C ] - 21) If any of the foregoing information cannot practicably - be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application. C4'. . J) Other Information . . C • Solar {k+cS cS C LnAlo.+4.74'1S .; _ (2362P/OO28P) " • APPLICATION CHECKLIST - Page 4 LAND USE APPLICATION FEE SCHEDULE APPEALS • • Director's Decision to Planning Commission 235.00 • costs Planning Commisslon/Hearings Off. to Council 315.00 + transcript BLASTING PERMITS 125.00 COMPREHENSIVE PLAN PROCESSING • Text only, Map only, or both 675.00 CONDITIONAL USE PROCESSING Conditional Use Review 365.00 FLEXIBLE SETBACK STANDARDS 80.00 HISTORIC OVERLAY DISTRICT 80.00 HOME OCCUPATION TYPE I 10.00 TYPE II 50.00 INTERPRETATION OF COMMUNITY DEVELOPMENT CODE 55.00 by Community Development Department LAND PARTITION Residential and Non - residential 235.00 LOT LINE ADJUSTMENT 50.00 PLANNED DEVELOPMENT PROCESSING Conceptual and detailed plan review 500.00 SENSITIVE LANDS Flood plain 520.00 Wetlands/Steep slopes/Drainageway 235.00 SIGN CODE EXCEPTIONS 230.00 SIGN PERMIT 0-24 sq. ft. 10.00 24-100 sq. ft. 25.00 100 + sq. ft. 35.00 Temporary signs 10.00 each sign SITE DEVELOPMENT REVIEW Under $10,000 80.00 $10,000 - $99,999 155.00 $100,000 - $499,999 315.00 $500,000 - $999,999 415.00 $1,000,000 or more 520.00 + $1 per $10,000 SUBDIVISION PRELIMINARY PLAT 415.00 + $5/LOT Subdivision Variance, if needed 105.00 TEMPORARY USE Director's Decision 50.00 Special exemption /Non -Profit -0- TREE REMOVAL PERMIT - VACATiONS Streets and public access 300.00 deposit - actual costs charged VARIANCE Administrative 80.00 Sign Code 230.00 ZONE CHANGE ANNEXATIONS Less than 10 acres 520.00 10 acres or more 625.00 ZONE CHANGE PROCESSING Less than 10 acres 520.00 10 acres or more 625.00 ZONE ORDINANCE AMENDMENT 310.00 JOINT APPLICATION PLANNING FEE 100% of highest planning fee plus 10% of all additional planning fees related to the proposal. Approved by City Council Effective 2/1/91 r...c d NOTIFICATION LIST FOR ALL APPLICATICNS 1. CIT (2)• copies CPO 2. CITY DEPARTMENTS • Building Official /Dave S. Parks i Recreation Board Police City Recorder Field Operations Engineering /Michael A. - Permits Facilitator /Jerre* C. Long Range Planning /Carol 3. SPECIAL DISTRICTS Fire District - (pick -up box) Tigard Water Department - 8777 SW Burnham St. Tigard. OR 97223 Tualatin Valley Water District Unified Sewerage Agency/SW Program - PO Box 745 155 N. First St. Beaverton, OR 97075 Hillsboro, OR 97124 4. AFFECTED JURISDICTIONS Wash. Co. Land Use a Transp. Boundary Commission 150 N. First Ave. 800 NE Oregon St. 116 Suit* 540 Hillsboro, OR 97124 Portland. OR 97232 -2109 Brent Curtis (CPA's) - Jim Tice (IGA'S) METRO - GREENSPACES PROGRAM - Nike Borreson (Engineer) Mel Huie (CPA's /ZOA's) - Scott King (CPA's) 600 NE Grand - Tom Harry (Current Planning App's) Portland. OR 97232 -2736 Lynn Bailey (Current Planning App's) DLCD (CPA's /ZOA's) City of Beaverton 1175 Court St. NE Jim Hendryx - Principal Planner Salem. OR 97310 -0590 PO Box 4755 Beaverton, OR 97076 Other City of King City City of Durham - City Manager City Manager 15300 SW 116th PO Box 23483 -3483 King City, OR 97224 Tigard. OR 97224 City of Lake Oswego City of Portland - City Manager Planning Director 380 SW A 1120 SW 5th Lake Oswego. OR 97034 Portland, OR 97204 State Highway Division ODOT - Sam Hunaidi Laurie Nicholson PO Box 25412 9002 SE McLoughlin Blvd. Portland, OR 97225 -0412 Milwaukie, OR 97222 City of Tualatin PO Box 369 Tualatin. OR 97062 5. SPECIAL AGENCIES General Telephone Portland General Elec. Engineering Office Brian Moore PO Box 23416 14655 SW Old Scholia Fry. Tigard. OR 97281 -3416 Beaverton, OR 97007 NW Natural Gas Metro Area Communications _ Scott Palmer Jason Hewitt 220 NW Second Ave. Twin Oaks Technology Center Portland. OR 97209 1815 NW 169th Place S -6020 Beaverton. OR 97006 -4886 TCI Cablevision of Oregon Linda Peterson US West 3500 SW Bond St. Pete Nelson Portland. OR 97201 421 SW Oak St. Portland. OR 97204 Columbia Cable (Frank Stone) - 14200 SW 3rigadoon Ct. Tri -Met Transit Dev. Beaverton. OR 97005 ---- Kim Knox • 710 NE Holladay St. 6. STATE AGENCIES Portland, OR 97232 Aeronautics Div. (COOT) DOGAMI Division of State Lands _ Commerce Dept. - M.H. Park OTHER - Fish & Wildlife - PUC - Dept. of Environ. Quality 7. FEDERAL AGENCIES Corps. of Engineers Post Office 8. OTHER Southern Pacific Transportation Company Duane H. Forney, PLS - Project Engineer 800 NW 6th Avenue, R. 324, Union Station Portland, CR 97209 JAN -12 -95 THU 16:56 FAX N0. 6430625 P.02 AD • • • r �en ), 00 i ,h2, 07:727.7 -1kbl _ In _ LS� A,?, -,c61' . ? 50:, I ! SW - s,c1e..)G .`k Cm ... .1 ? • . _ j( s +-ter I __________,_,r, .. F ____ mo : ,_ . . -- ............. _--_- -` — DuriEx5 COMMDN Wm 1\ -T 'PER-C C. \. - et" C e-fRE C IoTS Fob a ` '� .4^' F1C.-1.k U N 1-T f " I • - -,4..Q 1 i i 1 . L 4 1 I 8•.12 ?,®� A 's -G 1olS c95 'bo IpowEb JAN-I1-95 WED 16:44 ( 1540 .4074 Q - • . FAX NO. 6430625 P.02 • • • lp AX TRANSMITTAL ,0 MIRease Deliver this Fax Immediate DATE: October 6, 1995 TO: Sue Curran, Legals (fax) 624 -0338 FROM: Patricia Lunsford, City of Tigard (Ph.) 639 -4171 PLACE UNDER CITY OF TIGARD LOGO MINOR LAND PARTITION (MLP) 95 -0010 > LINDQUIST DEVELOPMENT /ADAMS < The Director has approved, subject to conditions, a request to partition one parcel into three (3) lots ranging in size from 6,330 to 7,204 square feet. LOCATION: NO ADDRESS ISSUED. The site is located on the south side of SW Greenburg Road approximately 114 feet west of SW 98th Avenue (WCTM 1S1 35CA, tax lot 1101). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached/detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.102, 18.108, 18.150, 18.162 and 18.164. (PLACE VICINITY MAP HERE) "J V The adopted fin g of facts, decision, and statement of conditions can be obtained from the Planning Department, Tigar Civic Center, 13125 SW Hall Boulevard, Tigard, Oregon 97223. The decision shall be final on October 1995. 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 may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 PM on Wednesday October1995 lo TT PUBLISH DATE: October 12. 1995 V MLP 95 -0010 LINDQUIST DEVLPMTJADAMS NOTICE OF DIRECTOR'S DECISION • • • • • COMMUNITY NEWSPAPERS INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8326 BEAVERTON, OREGON 97075 • Legal Notice Advertising • City of Tigard • ❑ Tearsheet Notl6'e 13125 SW Hall Blvd. • Tigard,Oregon 97223 -8199 • ❑ Duplicate Affidiivit• • Accounts Payable -Terry • It AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Judith Koehler being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ti ga r 1 - Tiia 1 M - i n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Minor Land Part. -MLP 95 -0010 (MAP) a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: October' 12,1995 Subscribed and sworn to be re me this 12th day of Octobe ; OFFICIAL SEAL /� . 64.20.-, A. BURGESS .06oL3 Cpl NOTARY PUBLIC - OREGON Notary Public for Oregon ‘4,tr�,� COMMISSION N0,024652 My Commission Expires: MY C OMMISSION EXPIRES MAY16 1947 t AFFIDAVIT • 11 0 9 MINOR LAND PARTITION (MLP) 95 -0010 LINDOUIST DEVELOPMENT /ADAMS The Director has approved, subject to conditions, a request to partition one parcel into three (3) lots ranging in size from 6,330 to 7,204 square feet. LOCATION: NO ADDRESS ISSUED. The site is located on the south side of S.W. Greenburg Road approximately 114 feet west of S.W. 98th Avenue (WCTM 1S1 35CA, tax lot 1101). ZONE: R -12 (Residential, 12 units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Corn - n.anity Development Code Chapters 18.54, 18.102, 18.108, 18.150, 16.162 and 18.164. ' . Cr II efr him; , Apilpt ..... F r NEI mil A = , N ■■ : III MN VICINITY ° ITE E non. wA� ie No* TO =ALE / I \ \ I i I The adopted finding of facts, decision, and statement of conditions can be obtained from the Planning Department, Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon 97223. The decision shall be final. on October 25, 1995. Any party to the decision may appeal this decision in accor- dance with Section 18.32.290(A) and Section 18.32.370 of the Com- , munity Development Code, which provides that a written appeal may be ' filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 P.M., Wednesday. October 25. 1995. TT8326 — Publish October 12, 1995. I • • A CITY OF TIGARD / OREGON • REQUEST FOR COMMENTS • DATE: September 28, 1995 TO: Per Attached FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 95 -0010 > LINDQUIST DEVELOPMENT /ADAMS A request to partition one parcel into three (3) lots ranging in size from 6,330 to 7,204 square feet. LOCATION: NO ADDRESS ISSUED. The site is located on the south side of SW Greenburg Road approximately 114 feet west of SW 98th Avenue (WCTM 1S1 35CA, tax lot 1101). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached/detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.102, 18.108, 18.150, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday October 9, 1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: v (PLEASE PROVIDE THE FOLLOWING INFORMATION) Name of Person(s) Commenting: I Phone Number(s): V MLP 95 -0010 LINDQUIST DEVLPMTJADAMS PROPOSAL/REQUEST FOR COMMENTS fr/AZ_eq(- . REQUEST FOR COMMEN• ) NOTIFICATION UST FOR LAND USE & DEVELOPMENT APPLICATIONS j 1 ' ' . . • : : • . i i : " : : : : . : : " : • : ' : : : : : . : * : : R : i : ! 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DEPT./Dave Scott, wag. maw i9LICE DEPTJKelly Jennings _ Ci .t CITY ADMINJCathy Wheatley, ty Mr. NG. DEPT/Michael Anderson, Dev. Review Eng. tOM.DEV. DEPTJD.S.T.'S ADV. PLNGJCarol Lands n ma_, Senior Planner 1,- DEPTJMichael Miller, Operations mgr. ..' . ::.:i:i . t : i :'' ''i ::.:i:: : :'''' ' '' '; ' :: . :: :' : !::': : :::,!:. . '' :•;.:::'.: SPECIAL pisTRIcts::::::.::::::::::::::::;::::::::::::::•:•:.:. . ,..]:::::::.::,::.::::::•:•::::::::::::.•::•:.:::::::::::::::::::,:•••.::::::::::::::::.*:::::,:.::-:.:.::::::.•::::::.,::.::.::::::%:::::::::::::.:::: ••• - ....:•:..i -:..: ••••• . ,,,,,- ...0 • .. : :. .: ..:::. ..... • ::::::::::...„..:•:•:::::::.:.:,:::•:•:.:::::••:::,.•:.:•:::••:, ..,:.:.:::•.:•••••••:•:::::::::•:::.:, •:::•::•::.:•,....:.:•. •:. ..,..-:.:.....,.::::.,...:: .: ..,...-: .,...:.:.:.:.:...,::..:::.:...:.... RE MARSHALL _ ___ oNIFIED SEWERAGE AGENCY TUALATIN VALLEY WATER 01ST. Gene Birchell SWM Program/Lee Walker PO Box 745 Wa. County Fire District 155 N. First Street Beaverton, OR 97075 (pick-up box) Hillsboro, OR 97124 r ...i . ::.:.: i .::::: . .:::::: . :..:::.::::',:.::::::::::i:::::::::::::::::::.::: , .i:;::::';::::::::::i.:::::::::i:i.:::• . :::::::':::::::::::•:::.:::.-: :..:::..:: • : • .,.:..::i:::::••. :::::•i:i::.....:•;::::;::.:::::..:.:i::::.....:.:..::• :!:::::::,:::::: •:,..:..:,, .... : : .•::..... • ..:: • :::: ::: .............„. ...::::::::.:.•: .• ::•:::..:: ...q., •:::.::::::::::...:....:..,:••....•::::.... ... • .. -::., ... WA. CO. DEPT. OF LAND USE & TRANSP. METRO AREA BOUNDARY COMMISSION METRO-GREENSPACES 150 N. First Avenue 800 NE Oregon St. f16, Suite 540 Mel Huie (CPA's/ZOA's) Hillsboro, OR 97124 Portland, OR 97232-2109 600 NE Grand Avenue Portland, OR 97232-2736 _ _ Brent Curtis (CPA's) STATE HIGHWAY DIVISION _ Jim Tice (IGA'S) Sam Hunaidi ODOT/REGION 1 _ Mike Borreson (Engineer) PO Box 25412 Laurie Nicholson/Trans. Planning • _ Scott King (CPA's) Portland, OR 97225-0412 123 N.W. Flanders ___ Tom Harry (Current Planning App's) Portland, OR 97209-4037 Lynn Bailey (Current Planning App's) — OREGON DLCD (CPA's/ZOA's) 1175 Court Street, N.E. OTHER _ CITY OF BEAVERTON Salem, OR 97310-0590 Larry Conrad, Senior Planner CITY OF PORTLAND PO Box 4755 — CITY OF DURHAM Planning Director Beaverton, OR 97076 City Manager 1120 SW 5th PO Box 23483 Portland, OR 97204 CITY OF KING CITY Tigard, OR 97281-3483 — City Manager CITY OF LAKE OSWEGO — 15300 SW 116th — CITY OF TUALATIN City Manager King City, OR 97224 PO Box 369 PO Box 369 Tualatin, OR 97062 Lake Oswego, OR 97034 ;',• :...:: .::..:..:. :::.......: ::.,::::.., ..:.:.„ ...:.:.:,...,..„.................:.,..,....„.::::::.::.:::.,:::::::.,..:...,::::::.:::::: • .:. ::-,..... .:..,..: :....,........, ....„,...:....................,......:..,...:,...:..,.. ....,... .....„.:... : : .: . . _ — GENERAL TELEPHONE ELECTRIC PORTLAND GENERAL ELECTRIC COLUMBIA CABLE CO. Jim Wieskamp, Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholis Ferry Rd. 14200 SW Brigadoon Court Tigard, OR 97281-3416 Beaverton, OR 97007 Beaverton, OR 97005 _ NW NATURAL CAS CO. Phone: MOM 721-24415 METRO AREA COMMUNICATIONS TRI-MET TRANSIT DEVELOPMENT Scott Palmer Falt (SOW 731-3502 Jason Hewitt Kim Knox, Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street Portland, OR 97209-3991 1815 NW 169th Place S-6020 Portland, OR 97232 Beaverton, OR 97006-4886 — TCI CABLEVISION OF OREGON — US WEST COMMUNICATIONS SOUTHERN PACIFIC TRANS. CO. Linda Peterson Pete Nelson Duane M. Forney, PLS-Project Eng. 3500 SW Bond Street 421 SW Oak Street 800 NW 6th Ave., Room 324 Portland, OR 97201 Portland, OR 97204 Union Station Portland, OR 97209 . . l"•-..- . i STATE AGENCIES • :'''' '': i .....''' .:. :','''':.:".•:' .....•':.:' :':'.:-.:!:::: :...:. ',..: 'FED ERALAdEPIA C itt::: — AERONAUTICS DIVISION (ODOT) — DIVISION OF STATE LANDS US POSTAL SERVICE — COMMERCE DEPT.-M.H. PARK — FISH & WILDLIFE Randy Hammock, Growth Cord. — PUC — DOGAMI Cedar Mill Station DEPT. OF ENVIRONMENTAL QUALITY Portland, OR 97229-9998 U.S. ARMY CORPS. OF ENGINEERS — OTHER h:VogIn \DattVV/Cri0De.rnit 110 RESD PLANNING. .. OCT ®4 1995 CITY EGON REQUEST FOR COMMENTS DATE: September 28, 1995 T TO: John Acker, Operations Department Maintenance Supervisor FROM: City of Tigard Planning Department STAFF CONTAC • Mark Roberts (x317) Phone: (503) 639 -4171 • ' - • RE: MINOR LAND PARTITION (MLP) 95 -0010 > LINDQUIST DEVELOPMENT /ADAMS Q A request to partition one parcel into three (3) lots ranging in size from 6,330 to 7,204 square feet. LOCATION: NO ADDRESS ISSUED. The site is located on the south side of SW Greenburg Road approximately 114 feet west of SW 98th Avenue (WCTM 1S1 35CA, tax lot 1101). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached/detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.102, 18.108, 18.150, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday October 9, 1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEAS CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V h I (PLEASE PROVIDE THE FOLLOWING INFORMATION) Name of Person(s) Commenting: I Phone Number(s): v MLP 95.0010 LINDQUIST DEVLPMTJADAMS PROPOSAUREQUEST FOR COMMENTS • • RECEIVED PLANNING �P�iN �q OCT 2 3 1995 TUALATIN VALLEY FIRE & RESCUE t.1) AND ` \ �� BEAVERTON FIRE DEPARTMENT G• 4755 S.W. Griffith Drive • P.O. Box 4755 • Beaverton, OR 97076 • (503) 526 -2469 • FAX 526 -2538 F& RES October 18, 1995 Rod Lindquist Lindquist Development P.O. Box 421351 Portland, Oregon 97242 Re: Adams /Lindquist MLP 95 -0010 Dear Sir: This is a Fire and Life Safety Design Review and is based on the 1991 editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances and regulations. This review shall become a part of the approved plans and attached thereto. Hydrants shall be placed so that all portions of exterior walls of buildings, measured along the outside and along access roadways, are no more than 500 feet away for private residences or 250 feet for all commercial buildings (500 feet for commercially sprinklered buildings). Location of hydrants, and supply piping to said hydrants for water supply, shall be approved by this office. UFC 10.301(c) All access roads, streets, and driveways used for fire department access to two or more residences, shall provide a clear unobstructed all weather surface with a minimum width of 20 feet and a vertical clearance of 13 feet 6 inches. Access roadways and fire fighting water supply shall be installed and approved by this department prior to combustible construction. Please call for inspection of required fire department access and hydrants as soon as they are installed. "Working" Smoke Detectors Save Lives 5 • • Rod Lindquist October 18, 1995 Page 2 If you have any questions or need further assistance, please call me at 526 -2469. Sincerely, L —)5.4A-1 L • -2 VN--4 Jerry L. Renfro Deputy Fire Marshal JLR:kw / cc: City of Tigard Planning • j � .4l CITY OF TIGARD RECEIVED PLAN N REQUEST FOR COMMENTS OCT 04 1995 DATE: September 28, 1995 • Your local ASCA member is: . • '.n Nl ins ` ,, . Your Trees irt • ,, _ , and Shrubs are William L. Owen, B.S., M.A. • , ..., , Registered Number 114 A I Q (503) 222 -7007 Individuals ire • •. - W `'..-:..••• - ,: t • 41 lot • b lily .,t — - se, I e. • 1 IN Rte _. � . , .. ,.,l r► p b~ ..�` 7a�• •1 � � �� iity • ... oil ► ~ .,�.. � `.' .��` _ �. r. •� wi ova N. P N * , by - owl."' iitp � . I e �% '�i.' t `' .? . . wif ii •. Z. ! � ►., �� will 6 . • • ,, „„... op. 0 111 4 Si , , • ,a ; ip 10,or 4/ • 1 , 1 .:' . • i ' . 1 .. vii 3114, \ ' \ \ 4 11 . Ise 1 ' • '� \ 41k, , v7k . , If /I $ ` 14 \ I tip` \ � ■ t\ . 4 At), 1 A \ • \ 1 1% OA i der I.. / / / i f /!. - i f 4 ., 0 .11. iyik. , r 2 - -4 ■ , ...,44 „„„:(,/,.. .,,i . .. . ‘ • Alv - fi \ .,t\v■.‘ ‘,‘ ily,-; . , ,f ,v‘ 1)1 '.i.• tiff 1 , 1 ?I 'INN ..*. ‘. -iz * .-_,.. • /. 'I , f 1 ' ' ' N t‘v •Z le \ k ,\ l . \ iGo 1 A t),. • A.A. • AMERICAN SOCIETY OF CONSULTING ARBORISTS • • MEMORANDUM CITY OF TIGARD TO: Mark Roberts October 9, 1995 FROM: Michael Anderson, Development Review Engineer '• SUBJECT: MLP 95 -0010 LINDQUIST DEVELOPMENT /ADAMS Applicant is requesting approval to divide Tax Lot 1S1 35CA 1101 located on the south side of SW Greenburg Road, westerly of SW 98th Avenue, into three lots varying in area from 6330 to 7204 sft. Findings: 1. Streets: The applicant proposes to provide access to the new lots with a private driveway connecting to SW Greenburg Road, a Major Collector as shown on the City Comprehensive Plan. The private driveway will be contained with in Tract "A ", and will be the jointly owned and maintained by the future private property owners. SW Greenburg Road was improved to collector standards in 1992 and sufficient right -of -way was dedicated in 1990. No further street improvements or dedications are required, with the exception that the new driveway construction will require a street opening permit from the Engineering Department prior to the approval of the partition plat. 2. Sanitary Sewer: Sanitary sewer service is provided by the existing 8" sewer located in SW Greenburg Road. The applicant should be required to extend the public main within Tract "A" to provide for individual service for each proposed lot and obtain a Public Improvement Permit from the Engineering Department for the new construction. The existing sewer main in SW Greenburg Road has sufficient capacity for the proposed development. 3. Storm Sewer: The site slopes in a southwesterly direction toward the adjoining improved property consisting of a multi- family development. The applicant shall direct the storm water generated by the proposed site development to a public system. If the applicant proposes to connect to the existing system in SW Greenburg Road, the applicant should provide a hydrology and hydraulic study that evaluates the capacity of the downstream system and the effects of the additional stormwater flow. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. Section 7.10b of the above noted Resolution and Order cites conditions under which ENGINEERING COMMENTS MLP 95 -10 LINDQUIST DEVELOPMENT PAGE 1 • • the fee in -lieu may be accepted. Specifically, it provides, that if, "The site is small compared to the development plan, and the loss of area for the on -site facility would preclude the effective development.", the fee may apply. It is our opinion that this site is consistent with this criteria, and we recommend that a fee in- lieu be required. Recommendations: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. The applicant shall construct a public sanitary sewer main extension to provide individual service laterals for each proposed lot. The plans for the sewer shall be prepared by a Professional Civil Engineer and the applicant shall obtain a Public Improvement permit. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 2. The applicant shall include the new driveway construction and any other work within the City right -of -way in the application for the Public Improvement Permit. 3. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT:John Hagman, Engineering Department (639- 4171). 4. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171). 5. Final Plat Application Submission Requirements: A. Three copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. C. The final original and two mylar copies shall be provided for the signature of the City Engineer. STAFF CONTACT: John Hadley, Engineering Department (639 - 4171). PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFI23ED OR FINANCIALLY ASSURED: 1. Provide the Engineering Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has ENGINEERING COMMENTS MLP 95 -10 LINDQUIST DEVELOPMENT PAGE 2 III • been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. 2. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or to the public street. STAFF CONTACT: David Scott, Building Division (639- 4171). IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite /Permit Fee ENGINEERING COMMENTS MLP 95 -10 LINDQUIST DEVELOPMENT PAGE 3 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. APPROVED: (/;? Randall R. Woole City Engineer N: \ENGINEER \MLP95- 10.mja ENGINEERING COMMENTS MLP 95 -10 LINDQUIST DEVELOPMENT PAGE 4 „.a n - m� ., r M. 4 '41 Y '' l” d ,, I - ' • ' - - � �'e , O . - _ �-a-,--0- dare � '"" } k— SNNd1 s d t o .� x I I ( --- .- ompilliN _ • r ;•, d.4' t:A . or VT „. , . v. IA :.. - -5. ��y �� . . ;-gA; MAI 1 O W T �' 'I `ti • • ��` \ x 0 1 HW 4;5;. n V - _ -. 0 ,s, ir,""*N3 1 34 . 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I S 13S kw �P'' WASHINGTON COUNTY OREGON `0 SCALE 1 100 . 203, 204, 1000,1002, 2400,2403,2201 4000 4600,2200,2300, 600,400, � CANCELLED TAX LOT NUMBERS , S EE MAP \ `' ....,. 3 / I 1 35 CA ( 2 J n r 44, 3, f r 9 85 8 5 '' H >io � 4800 ' '1 °5 e M v, ) j ! ? 0 , 3AC. 600 65 , \ I '_ C. 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INITIAL PT 5800 0 5900 6 000 N 2 500 a (,n / '' 3 4' g m 10 °' 1 I .0 12 0 ; crif ab z k / 78 64 S0 . p 3a g4 21 • 21 335 (] r m 96 Ac 45 °° / 4900 r e0 52 5600 % P. 8700 � .7o ti m` 52 ,ri m D • � I a 2 ° 5 ~ 53 67 '' c ,,•.' 3 45 . ‘ � 21 28 J O Ill? 1. 3 35` / 4. - N 89 o . Q- • 6 69 C h - 170 / 0 4800 i, 8 • •'• 300 . ' .50d 00 a co 2 ~ 52 N ' � , 6� ;691 \ 1 62 21 / 92 as 47 00140 INI �' q, � 0 61 04800 I 1 6 ( / / S W LONDON C T / S 29T as . y 4201 N + r 52 01 7400 Y . 14W 3900 .26 AC. POI NT - a - /p7 w ' a 26 ° p ® M ; N 77oo 63 N \ • zrA lm N co \ ..-,; �O SW a 0 29 �• 7300 P \ e 140 �1g 'n� t1 ) ' r 30 ' �}9j 4. 4204 l ' !� m 1 5� \ SS • / 8600 38 8300 1.200S2,1 -m , 7800 / " 25 a 0 5, :J::: 2402 / 6400 ° /6AC, / 0 A }- o o 70 `'/ N N / m as 0N N P {6Q o - 90 P m / v 0 4 0 ■7 2 a 8 I o s / � y 0 ° • P 36 52 56 � .1 10 ' 3 �• � 72 0 N • 24 Pan PLAT OF ANCw _YNN VACATED 82 -22254 0 u - i 01„, r� h SOOOp � R =lo J sJ �b 6600 ►° 49 1, 63 7.";:i ,,_, .r 2 69 4 b .3 2 R _'@ • 1. • • a9 18 ". / / 5 9 6 '"a FOR ASSESSMENT PURPOSES ONLY ,c 9ov ,3@, @ . 1 Q1 44 , / 2401 / DO NOT RELY ON FOP. ANY OTHER USE 92 ^ 38 ss ° i V i n / 6AC n / _ c . � � p .? h 7000 106 ;" 6700 .P ` m N N / M �`� 't�c'' co CD g yR� B* 32 • N 6 4 8 068 19 O de 118 `/ N 89° S 3 2B 'W ' 101 8 / f r ' p .. _, «x..48 SL� 6 ''L1'/ / i IDS �� _ 0 / V l �' � ! ' �' ��L 599 °57'57 °E t `/') I V A i N. SEE MAP / I S 135 CD 2S 1 26A . , NE 1/4 SW I/4 SECTION 35 T l S R I W W.M. , 2, - / IS l 35CA t, WASHINGTON COUNTY OREGON , G• Z I/ l t.— SCALE I "= 100' / `�i 307 509 AC / 40' 0 F. A9 9o1h ° CANCELLED TAX LOTS SEE MAP 6 901,302,2700,300,306, • O 222 70 f 50' 2000,304, 1000, 1201, IS I 35BD / P 203 N88 ° 45'E M f W / \ 13 ° .40AC 8 m � r 525 90 / � 202 -- f f• / !Q .39 AC. 7 �� f Q a, / r 2800 / Q 9 �° w� . ° f ;7 35' ° 49 AC. .� 0 201 34+00 00 to a o 39AC 6 o f CO a " /' ) f 4 00 ti f __ (f CC ) a _ _ o .94A0. f 3a +7500 45' EASEMENT 155 41 S. ° 3; SEE MAP 200 f Ft V 98 50 -.. • � • IS I 35CA 1 ( CS 9,777) 3,39 AC 5 o ti f 2600 SUPPLEMENTAL 500 N a 1.--- a 0 or a N o $ 53 GC. m ... • MAP NO. I La' AC. °0° o 0 u‘ W 5 \i p 3` ` '0 4.Z z °� 1 � lo (CS 17,305) ,0 .4'‘‘‘'C 103 f A ` (CS 5645) -- • • F t 600 N ti .39 AC. 4 n / D n `' 2 5/ AC o aa r f O E . 86 \ A 4 y2 � a f 177 B8 2 d.. m , o f 6 _ .� I n 102 f q. ° v .39 AC. N ' f SEE MAP ° N ' ' /9AC "4‘7° wp m r 3 z i so' _ I IS I 35BC 3 d , al `29. ? "' C) 3° Jr. ,s Z IV 40 5 o 0 . 0 ° 101 Q f ti 'W �, --k °D s \ I �� N 8 9 21 E ^ .39AC. 2 I a ' (CS. 14,295) \ 1 � b " {� 50 ' \ 74 33 66' 71 f ---- f X / 10 � � JJJ 4 44OO r� o � 301 305 303 222 70 ° f "b '/ I 22 Ac. , (7� 20A0.. /7AC /9 AC. I I °' f � ` "...se.), X ° 06 >> \� 9400 in 104 ZZ 100 ( C.S 14,415) �` a \ °� ° °` � �� L� ` �-° 0 4 300 y_�I - � Fk `` qC i .22 AC. m s w COR j I �o 0 13 AC z l / SW CO OK 700 I \ 0� 1 S 89 34' W ' FARM �\ \h \ Q s �O : C S� S 2459 POI L / 40 9400 1 f 50 7433 66 71' 110' 0 f 55 ` � G , O , 1 a aaasaa p g4 -3015 I 7032 / ; r �s L 104 99 67 218 80 n �► TERM. a - �/ o6vT�', . ..r i )� ` ry at �� •, 118. �`_ a ��RAfT ® � °DI.C. 52 f� ; fly 1.� �� N - �-(� C� - (Cri. '152) `�° z � �R45 BT AG .......� . n5 s�>\r.. ,. 1 - .4 ART '� TO PUSLIC 1081128 a+� `r1 �i' h�l ` : :"� ` \Z - �•� _ _ _ INITIAL, 7T 1 3 !A T .. 44s� ` S , G cA5 , �� iv _ 79-440 ° - 88 -14723 £77? - ^_ - - � ' d ► 0 —=}� -- [��t f O pW CO \;1 6890 - s � / T / / , 40 95.24 / 40 l 800 1901 / '1902 o SEE MAP / � / 290 `0 \ \ ?) _ ,q \ 99 T . 28 A _ n .28 AC. 93 AC 38AC. 38AC. �o o m L ; IS I 35DB so ` / ° \ o f 120 2 N N o o �I 0 (C S 8,440) 0 f - 1 E A 2 3 A 7 r l� So ° / .62 AC I ti� CJ r1 R 1-1 r 01010 / (CS. \ 163) w' / 5086 50' 50' 65.11 O �. p ■ P G P !4' ) 5660 60' ° 99 37 �. \ \ 3d 2 � g N 98.66 O ° 8 N 3, / 3600 3500 c 3300 to o / \ � �`' 9$ 1703 O 56.24 4) N o m 3 ° p 5 w � / o 7 \68 40 Z 20 E 800 No F,�� 3 I co _ 27� M 1702 Zm (110 35) --, (110.35) / o= ` 7 3400 ° . 6? ti' N o .32 O $ 89 37 W r m MB m o N _14 c) \ , 60 AG � �, '' G �. _ 5o AC. .. ,:. 1 e ; A C R E S f 6 N ° v. � _ . a N (CS 8,940) 125' ` -° (C 18,373) h. 1900 ° I a o � m ° I w (CS. IT ,412) ® 72 AC z ,fit R3... 936 SEE MAP /1\ N ° — _310 BO � . 1700 ; m m 5 �� 116 R_ 5 °s 7010 m , I p r 1 L �.. 8' n u- I S 13 5 C B 0 ° . 56 AC r - - m r✓ 1 --' I\ I r - � r r- 4 °c _ 3700 0 -1 ` ' TRACT A S 8 55 E , 1 \ to d Q' o J r 1 fJ' J J T lJ 2 29,3°46/ 't,°\° � \ 69 90 / ° � / 1 06 ^0 m 40 98 N , 2 O EASEMENT 146 79 165.60 0 9 0 3800 - ° � 20,4IOC „ C O o ' 0 4500 I N M i 1$5 52 D z 97 -41007 ..1,.., - 10 m _ - 13 cr Io (CS 11,987 )/ I \ N /2AC 26 50/ G y2 21 , } i�`� (7 80) 120 55 - m C 46 ° 220 77 a d o Q 89 45 !, _ `. :NIT , i 1200 ! v ( 22207) ° "'^ �- 113 • N . O 50 37` I 3 50 56 AS �IiN G. U . ._: ° z N I 60 AC 59 AC 5O AC � 3 /AC l � 00 1400 1600 1 52 AC. , .. I . 24 00 ° 0 4000 I)LP, )^ t . . S!. 3900 ^ � i'i.'I CF r co �a 0 , 0 l r 1 , _ ry . /35 AC. t� r m I1 CO 12 i ;� J i! 5 5 ti 1 9 59AC. p �.ss 2 a I r 1 J J J 1 `D y, 'n INITIA PT �S 86°4 9 1 w '.2.'_`_.'_ , � •- N o ° r ' 220.77 1 7.43 F ly"► N 2 ° R� 0 o 1203 �1 0 ° I m r .� +tt1� t)tj / 6 66 03Ac. NN e n a 164 ,� f 158 90 ° \ ti6 v �, s ' 1 6 o LL, 2300 "277.505 E 2100 .cr s \0 62 ° s, " ° z m 54 AC. m 25 AC. v r " ; J. A 0 \• v /1 M N tfi if F � i R +o., li ` aaA \'/ \ / 4 � 0 0 / �1 5p82 °25'43 °EOM 2 r ( S 5,316) " ' m tn,„ -# _ r LL C m 0) r r I , 5 ° \ 1 � 5 \, x , 4 6' / 1402 64 37 + -_ !48 so FOR ali h 1001 Y 2 1403 1 20 55 3 .20 AC. r 120' 0 / 1A ip / /� v ry �i 2TAC. 2 0 6 • 8 4g x- 93 N (C. IS 1 •,418) —� S 8a° !' E 7 10 ` 105' 2� ?� �ww�Jlf h b. ti 28 2 0 _ N lky.,i i 100 f Z a s o eo 0AC W °' * \ " M �, 2 /8 AC• ° 55 A �9o M �' " i__, , N O 23 v °, �, � _ U " 1 M N ^ .35 AC. _ FOR ASSESSMENT / ' / I 140 ,� o z o (C 7 7) ,n 3 ( C S. 17,187 100 ' } .O /AC. o (CS 4,69 PURPOSES ONLY �' / ` Lt� ^e So' DO NOT RELY ON 23 0) 5-,r„ p , 1', 7,1,i 69 AC . \ 09 \ N 25' p :4 r 1' , n ° P� ° �h / N o r \ Ni ° 23 ° w . 7o.ss ry y 1 lo 0 o 4 5 ' FOR ANY OTHER USE. N "o ��p1 m / w ,° 4. ?2 93 r2j3s 2 304 2303 Z y "1i N 0 0 C S 8 903) / ` - C. . / /AC. m T9 9 kW: .. .,. . . N ./5 A 10 ti / ry L �� r O co m o T7 // : 9 N ,� _ 23 3 ( fSt >8 w - ro N 25 ' o N N 100' i U O .� y `` o I 2� > 82 o m vi 2301 z w .a• • 71 39 m - � m �1 % k. 0 / U -11--', wm�+` 123 12 ' J ® ff N 89 °59'20 ° ,��} 3 °I so 1 86 ' 2025' ��bt�v I� 0 °� 30037 ti M_ (310.20) 30' N T 8. 3 T'w R 4 1/2) 5° SEE MAP `' PO p 5 0 IS 1 35C D 0 I T I G A R D ;.: 20 40' I S I 35CA - - - ()o' 9yoicniiis/00,,,,, ___ _. . --_.) L AN D r----- RC) po SE t__„) I' I N .0 't-, L AN D FA ,, RI I T I ON fAX LOT 1101 - MAP 1S 1 35CC IN THE SE 1/4 OF SECTION 35, T.1S., R.1W., W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON <V1 PREPARED BY: ' A CAROVAL SURVEYM itt'a 7831 SE MILWAVKIE AVENUE PORTLAND, OREGON 97202 ph: (503)238-1897 fox:(03)232-5453 \ APPLICANT: 7.----- 6 v 1.,..14C4UnT DEV. w SCALE 10----40' ROD GR1NBERG \ 4 k 07/06/95 P.O. BOX 42135 Vct.i0t3 l NO. 51101 PORTLAND, OREGON 97242 PH: (503)232-8275 \ \ -4 OWNER: Jain AND GLORIA ADAMS 8845 SW OLSON ROAD %S OREGON , z / PH: (503)244-2298 c ---...„ --4 - Ni C/ 44s1/4.. V -- ■,..., ,, -1 -,. . -- , 0 iie C • i / / ) '2%,?n, . •-r c i ' (&).,. ) - .4"a' 4 --1 •4, --•,--41..,, / , / / / i •P,6,- - _ / / ,... •l., 2,3 if I t T IV i .A../ • Ow , - . p 1330 SQ./4/ I ri , i f ,-, A. 1 / I V ...k ,. / / - 6') / n . / / / • .,_, 1 1 ''--g _ _ Poodi i I t- ,.. .2 2! ....,.. :4 , 6 , ,,.. 1 / / 1 --v,,, b., g , / I / , 11 I / , (*“..., exis - - 4 , / PARcELI 2 / gi .0 () 6,925 SO. 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