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LLA2010-00005CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 (503) 639 -4171 11/24/2010 2:19:41 PM Conditions Associated With Case #: LLA2010 -00005 Project Name: Tigard - Tualatin School District #23J # DESCRIPTION STATUS STATUS DATE SEVERITY APPLIED BY ACTION BY LLA SURVEY MAP APPROVAL PRIOR TO Met 11/24/10 Cheryl Caines Cheryl Caines RECORDING 01. Prior to recording, a Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Planning Department. The survey map shall include all access and utility easements. RECIPROCAL ACCESS EASEMENT IF NOT Continuing 11/24/10 Cheryl Caines Cheryl Caines CONSOLIDATED 02. A reciprocal easement ensuring access rights shall be recorded to provide access to Tracts 1.2 (Lot 5, Cherry Hill Acre Tracts) and 1.4 (Lot 3, Cherry Hill Acre Tracts) if consolidation of the adjusted tracts does not occur. PROOF OF RECORDING W /IN 18 MONTHS Not Met 8/20/10 Cheryl Caines 03. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. SCREEING ALONG ACESSWAY IF/WHEN Continuing 11/24/10 Cheryl Caines Cheryl Caines CONSTRUCTED 04. A 6 -foot tall, solid screen in accordance with the standards outlined in 18.745.050 (Buffering and Screening) shall be provided along the accessway for Tract 1.2 if /when it is constructed. Prior to construction, a plan shall be submitted to the Planning Division for review and approval. Page 1 of 1 AFFIDAVIT OF MAILING - I, Patricia L. Lunsford, being first dulysworn/affini4 on oath depose and saythat I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: tick Appmpriew Box(s) M—) ❑D NOTICE OF DECISION FOR LLA2010- 00005 /TIGARD- TUALATIN SCHOOL DISTRICT # 231 LOT LINE ADJUSTMENT (File No. /Name Reference) AMENDEDNOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit " N', and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit " B", and by reference made a part hereof, on August 20, 2010, and deposited in the United States Mail on August 20, 2010 postage prepaid. i (Person that Pre d Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the C & Ttt day of 1 �I� a , 2010. OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC - OREGON COMMISSION NO.418777 MY COMMISSION EXPIRES APRIL 25, 2011 NOTARY PUBLIC OF ORE OREG My Commission Expires: q lds ( l EXHIBI NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (LLA) 2010 -00005 TIGARD - TUALATIN SCHOOL DISTRICT (TTSD) (Proposed Tracts 1.1 and 1.2) 91 120 DAYS = 10/27/2010 SECTION I. APPLICATION SUMMARY FILE NAME: TTSD LLA (Proposed Tracts 1.1 &j.2) CASE NO.: Lot Line Adjustment (LLA) LLA2010 -00005 PROPOSAL: The applicant is requesting Lot Line Adjustment approval to adjust one (1) property line which will reconfigure two (2) separate parcels. Tract 1.1: (Lot 6 ChenyIlill Acre Tracts) of 41,353 will become 68,826 square ft. Tract 1.2: (Lot 5 CherryIlill Acre Tracts) of 41,334 will become 13,861 square ft. APPLICANT: Trust for Public Lands APPLICANT'S Westlake Consultants, Inc. Bob Betcone, Counsel REP: Lee Leighton 806 SW Broadway, Suite 300 15115 SW Sequoia Pkwy, Portland, OR 97213 Suite 150 Tigard, OR 97224 OWNER: Tigard - Tualatin School District # 23J Rob Saxton, Superintendent 6960 SW Sandburg St. Tigard, OR 97223 LOCATION: SW No Address; WCIM 1S 134DC, Tax Lot 3000. ZONING DESIGNATION: R -4.5; The R-4.5 zoning district is designed to accommodate detached single - family with or without accessory residential units at a minim lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the Lot Line Adjustment request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION PAGE 1 OF 5 LLA2010 -00005 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT PROPOSED LOTS 1.1 & 1.2 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED. UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINE S IN THE PLANNING DIVISION AT 503 - 639 -4171. 1. Prior to recording, a Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Planning Department. The survey map shall include all access and utility easements. 2. A reciprocal easement ensurin access rights shall be recorded to provide access to Tracts 1.2 (Lot 5, Cherry Hill Acre Tracts and 1.4 (Lot 3, Cherry Hill Acre T if consolidation of the adjusted tracts does not occur. 3. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. 4. A 6 -foot tall, solid screen in accordance with the standards outlined in 18.745.050 (Buffering and Screening) shall be provided along the accessway for Tract 1.2 if /when it is constructed. Prior to construction, a plan shall be submitted to the Planning Division for review and approval. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information & Proposal Description: The Tigard - Tualatin School District owns 73 acres between Tigard Street and Walnut Street, west of Tiedeman Avenue. Approximately 25 acres of the site make up the Fowler Middle School campus, south of Summer Creek The District is working with the Trust for Public Lands to convey portions of the property to the City of Tigard. These areas contain wetlands and vegetated corridors that are suitable for open space, conservation areas, and public park uses. The proposed boundaries are based upon a wetland determination completed in 2006 and reconfi&L=g the parcels for either development /active uses or conservation. No development is proposed at this time. To reconfigure the parcels, the applicant is proposing a series of lot line adjustments (7 total). Once the boundaries are adjusted, new deeds will be recorded with legal descriptions that consolidate several of the tracts into a few larger parcels. Thus some of the propose with no street frontage (Tracts 12, 1.4 and 4) that require access easements will be consolidated and have street access. Therefore, the easement that is conditioned in this report only needs to be recorded if the consolidation does not occur. The first of these proposed adjustments is between Tract 1.1 (lot 6 of Cherry Hill Acre Tracts) and Tract 1.2 (lot 5 of ChenyEM Acre Tracts). Both of these tracts are under one tax parcel, which includes lots 1 -6 and lots 21 -22 in the Cherry Hill Acre Tract subdivision. However, each platted lot must be adjusted separately. Tract 1.1 will be increased from 41,353 square feet to 68,826 square feet. Tract 1.2 will be reduced from 41,334 square feet to 13,861 square feet. The materials submitted by the applicant refer to the adjusted areas as parcels and tracts. For the purposes of this decision, the term tracts are used to refer to the adjusted areas. Two public easements cross the Fowler Middle School properties. One is a sanitary sewer trunk line easement, which runs gener 11 east-west and is located a short distance north of the school buildings. The other is a pedestrian/bike path easement, part of the Fanno Creek Trail, which nuts generally north south near the eastern side of the property. The proposed lot line adjustments will not affect these easements. NOTICE OF TYPE I DECISION PAGE 2 OF 5 LLA2010 -00005 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT PROPOSED LOTS 1.1 & 1.2 SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the following standards for approval of a Lot Line Adjustment request: Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a quest for a lot line adjustment in writing re ting based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; FINDING: No new lots will be created as part of these adjustments; two (2) lots exist and two 2 lots will remain after the proposed adjustments. The R-4.5 zone has a minimum lot size of 7,5 square feet. In any event, the lots will be 68,826 and 13,861 square feet after the adjustment. Therefore, this standard is satisfied. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; FINDING: The applicant states that the sites are vacant, but there is a modular building located on existing Tract 1.1, which is near the latted line of lot 6. The lot line is being adjusted a great distance away from the structure. There will be no violation of site development or zoning district regulations with the proposed adjustment. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; 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; and Setbacks shall be as required by the applicable zoning district. FINDING: The average minimum lot width requirement for the R-4.5 zone is 50 feet. Both lots will be approximately 143 feet wide and will still meet the average minimum lot width. Tract 1.2 will be a flag lot because it has no street frontage and can be accessed via a proposed 15 -foot wide easement across lot 22 of the Cherry Hill Acre Tracts to the south. The area of the easement is not being included in the lot area of Tract 1.2. An existing modular building on Tract 1.1 meets the setback requirements as addressed previously in this decision. Tract 1.2 is vacant and setback requirements do not apply. No new structures are proposed with this application. The resulting parcels will conform to the dimensional standards of the R-4.5 zoning district as conditioned below. CONDITION: Prior to recording, a Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Planning Department. The survey map shall include all access and utility easements. With regard to flag lots: 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. NOTICE OF TYPE I DECISION PAGE 3 OF 5 LLA2010 -00005 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT PROPOSED LOTS 1.1 & 1.2 A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. FINDING: Tract 1.2 will be a flag lot after the adjustment. No structures are proposed at this time; therefore no front yard is being chosen, and side yard setbacks do not apply. An access easement to reach Tractl.2 is being created, but a physical access is not being constructed as part of this application. A screen is required if an access is ever constructed. A condition of approval will ensure the screening standard is satisfied with future development of the site. CONDITION: A 6 -foot tall, solid screen in accordance with the standards outlined in 18.745.050 (Buffering and Screening) shall be provided along the accessway for Tract 1.2 if /when it is constructed. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire- fighting capabilities. FINDING: No new physical accessways are being constructed as part of this application. The intent is for Tract 1.2 to become part of a larger site used as a park or open space by the City. If and when there is development on the site, the fire department will be given a chance to review the application and submit comments. This criterion is not applicable at this time. 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. FINDING: Tract 1.1 will have direct access onto SW Tigard Street, a public street. Tract 1.2 will be accessed via a proposed private easement across lot 22 of the Cherry Hill Acre Tracts. That tract connects to the SW Gallo Avenue right-of-way. There are no common drives for the two parcels involved but proposed Tract 1.4 will-be accessed utilizing the same easement as Tract 1.2. As noted previously in this decision, the easements will not be necessary after consolidation of the adjusted tracts, but the applicant has been conditioned to record the easement if the tracts are not consolidated. This standard can met as previously conditioned under the zoning district dimensional standards. An access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. FINDING: An access easement is proposed for Tract 1.2, but an accessway is not being constructed. If and when accessways are constructed, they will be reviewed through a Public Facility Improvement permit to ensure the standards of 18.705 are met. These standards do not apply to this application. Exemptions from dedications: A lot line adjustment is not considered a development action for purposes of determining whether flood greenway, or right -of -way dedication is required. FINDING: Floodplain, greenway and right -of -way dedication is not required as part of this application. Therefore, this standard is satisfied. Variances to development standards: An ap lication for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. FINDING: The applicant has not requested a variance or an adjustment with this application. CONCLUSION- Based on these findings, the applicant can meet the applicable standards for a Lot Line Adjustment as conditioned under section II of this decision. NOTICE, OF TYPE I DECISION PAGE 4 OF 5 LLA2010 -00005 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT PROPOSED LOTS 1.1 & 1.2 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: • The applicant and owners • Affected government agencies Final Decision A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON AUGUST 19, 2010 AND BECOMES EFFECTIVE ON AUGUST 20, 2010. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 718 -2437. C� August 19, 2010 APPROVE BY: Cheryl Caines DATE Associate Planner NOTICE OF TYPE I DECISION PAGE 5 OF 5 LLA2010 -00005 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT PROPOSED LOTS 1.1 & 1.2 V TTT � 4 Us • � n APPLICANT'S AGENT WESTLAKE CONSULTANTS, INC. 15115 SW SEQUOIA PKWY, SUITE 150 w k TIGARD, OREGON 97224 x i o SW TIGARD ST REET PHONE: (503) 684 -0652 N S89'48'52'E 143.91' - - - FAX: (503) 624 -0157 E • 06 GRAPHIC SCALE CONTACT: LEELEIGHTON,AICP « 71.96' 71.96' W ` 100 0 50 100 200 I U C.H.A.T. LOT 6 / TRACT 1.1 ( IN FEET) OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD) 1 IN - 10OFT TRACT 1.1 6960 SW SANDBURG STREET G&sn TIGARD, OREGON 97223 SF PHONE: (503) 431 -4000 LEGEND 1'� PROPERTY ADDRESS /LOCATION(S): LOT CHERRY HILL ACRE TRACTS Z SUBJECT PROPERTIES TAX MAP & TAX LOT(S) A PORTION OF m V) 0 z Z I N MAP 1S 1 34DC TAX LOT 3000 X z M - - - - - EXISTING BOUNDARY °o m ° o ri 0 0 Q O N N N W SITE SIZE: J PROPOSED BOUNDARY °� 6 0° 5 0° 4 3 2 ) ORIGINAL: 41,353 SF, 0.95 Ac. F— 3 z f 41,353 1 41,334 '^ PROPOSED: 68,826 SF, 1.58 Ac. LLu J cr o SF SF m U ? 0.95 ' 4 1 0.95 ? O V7 z N ° i C.H.A.T. LOT 5 / TRACT 1.2 a 1 ZD C�Z OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD) O y x I 6960 SW SANDBURG STREET LL a 1 TIGARD, OREGON 97223 Q F v 3 1 PHONE: (503) 4314000 W V) o l PROPERTY ADDRESS /LOCATION(S): LOT 5 z = Q N89S7_511'E 143.91' CHERRY HILL ACRE TRACTS F TRACT 1.2 ( TAX MAP & TAX LOT(S) A PORTION OF V) 13.861 11 MAP 1S 1 34DC TAX LOT 3000 - O 20'20' m SF K) W LL LLI w 0.32 SITE SIZE: U Z o S89'59'30 "E 221.24' 71.96' Al 71.96' G ORIGINAL: 41,334 SF, 0.95 Ac. o _ _ _ _ _ _ _ _ 589'59'30 "E 395.17' N g9V 30 W 1�3.y1 - PROPOSED: 13,861 SF, 0.32 Ac. Elf P o 1 Z N0002'09 "W N00'02'09 ' W _I 15.00' 15.00' G _ Q PROPOSE. DATE ENT �tT`� OF TIGARD DA>E 17JUN10 _. DRAW BY MPC 22 Approved -------------------------- - - - - -- [ ] CHECKED BY LDL SITE /PLOT PLAN & PRELIMINARY MAP r mcli ionally Approved ____________________ (X ] BEN90N5 SCALE: 1" =100' .r -sr only the wo descrbed in: SHEET F'cNM1T NO. .L t - . a o IQ - 00 L)O5 1 of 1 See Lattvto: Follow----------------- - - - - -- ( 1 JOB N0. 1'" ....... 2175 -01 (B) Job Address: -5-- °�a• E 1t__C� Date: a Iv t� t:► 1 er r tr-'- VICINITY MAP LLA2010 -00005 a I c LLA2010 -00006 _ LLA2010 -00007 LLA2010 -00008 ER LLA2010 -00009 + LLA2010 -00010 LLA2010 -00011 -71 4 � _ TIGARD- TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENTS 1 •, . r _ ,: Subject Site { T ' f • r !� _ Iy+ `If � ,✓ % ✓ ,r r i � I I `i f � l' ��' Information on this map is for general location only and should be verified with the Development Services Division. > I Scale 1.8,000 - 1 in =667 ft Map panted at 01:06 PM on 19- Aug -10 DATA IS FROM MULTIPLE SOURCES. THE N TIGARD N RRA MAKES WARRANTY, REPRESENTATION E GUARANTEE AS TO THE CONTENT, ACCURACY. TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE CITY OF TARD SHALL ASSUME NO WB IG INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. THE City of regard •'� f f 13125 SW Hall Blvd Feet Tigard, OR 97223 • Q 1 DO ti �- _�' f . / . 503 639 -4171 / r , www.tigard- or.gov Trust for Public Lands LLA2010 -000C- Bob Betcone, Counsel TIGARD- TUALATIN SCHOOL DISTRICT # 23J 806 SW Broadway, Suite 300 LOT LINE ADJUSTMENT Portland, OR 97213 Westlake Consultants, Inc. EX H I B I T Lee Leighton 15115 SW Sequoia Pkwy, Suite 150 Tigard, OR 97224 Tigard - Tualatin School District # 23J Rob Saxton, Superintendent 6960 SW Sandburg St. Tigard, OR 97223 1S134DCO3000 TIGARD - TUALATIN SCHOOL DISTRICT #23J 6960 SW SANDBURG ST TIGARD, OR 97223 1S134DD00900 f TIGARD - TUALATIN SCHOOL DISTRICT #23J 6960 SW SANDBURG ST TIGARD, OR 97223 1S134DD01000 TIGARD - TUALATIN SCHOOL DISTRICT #23J 6960 SW SANDBURG ST TIGARD, OR 97223 2S103AB00100 TIGARD - TUALATIN SCHOOL DISTRICT #23J 6960 SW SANDBURG ST TIGARD, OR 97223 2S103AA00101 TIGARD- TUALATIN SCHOOL DISTRICT #23J 6960 SW SANDBURG ST TIGARD, OR 97223 i MEMORANDUM TO: Cheryl Caines Associate Planner FROM: Gus Duenas Development Engineer RE: Engineering Comments — Fowler Middle School Lot Line Adjustments DATE: July 21, 2010 The applicant submitted 7 lot line adjustment applications for the Fowler Middle School property. There are no impacts to public facilities resulting from the proposed actions. Hence, Development Engineering has no comments on the applications. Westlake , consultants,inc I Trust for Public Lands Tigard - Tualatin School District Lot Line Adjustment Application June 28, 2010 1 RECEIVED JUN 2 9 2010 ' CITY OF TIG ^RD PLAfdM%nF_Nr_,INEERING Pacific Corporate Center 15115 sw sequoia parkway, ' suite 150, tigard, oregon 97224 www.westlakeconsultants.com I PH 503.684.0652 1 Fx 503.624.0157 Table of Contents ' Final Configuration Map Lot Line Adjustment Applications: ' Lot Line Adjustment Application # Tab # LotLine Adjustment 1. 1 ................................................ ..............................1 ' Lot Line Adjustment 1.2 ................................................ ..............................2 Lot Line Adjustment 1.3 ................................................ ..............................3 ' Lot Line Adjustment 1. 4 ................................................ ..............................4 Lot Line Adjustment 1.5 ................................................ ..............................5 ' Lot Line Adjustment 1. 6 ................................................ ..............................6 Lot Line Adjustment 1. 7 ................................................ ..............................7 1 1 y Y o tl 4^^ n FINAL TRACT "A" - $ GRAPHIC SCALE FOWLER MIDDLE SCHOOL W y k 500 0 250 300 ,OW y N INCLUDES: PROPOSED TRACT 3 6 PROPOSED TRACT 8 ♦, 24.40 Acres EXISTING PARCEL 10 E- f"a ( IN FEET) EXISTING PARCEL 11 v g 1 IN = SOOFT FINAL TRACT "B" "D"-\ - U R TRACT SW n GAM STREE TRACT 'C' OPEN SPACE — °" TIaACT INCLUDES: PROPOSED TRACT 1.2 i PROPOSED TRACT 1.4 LJ J 43.83 Acres PROPOSED TRACT 1.6 I--- 4F PROPOSED TRACT 2 (n PROPOSED TRACT 4 O Z PROPOSED TRACT 7 L.L- N O o PROPOSED TRACT 9 p w TRACT 4 C.H.A.T. LOT 21 C -113- —1 LOT 22 -1 O 3 ~ FINAL TRACT "C" - = J o POTENTIAL DEVELOPMENT „x, m N Z j 1 E o �•. , ` INCLUDES: PROPOSED TRACT 6 Z N ~ LLJ 1.09 Acres TRACT: �'` '''•' — ' _ � N w 3 • �' i FINAL TRACT "D" - Q POTENTIAL DEVELOPMENT z F SIN WALNUT SIREET INCLUDES: PROPOSED TRACT 5 O Z O 0.80 Acres CY l.1 L U af FINAL CONFIGURATION MAP FINAL TRACT "E" - POTENTIAL DEVELOPMENT SCALE: 1" =500' DATE 17JUN10 INCLUDES: PROPOSED TRACT 1.1 DRAWN BY PROPOSED TRACT 1.3 MPC 3.36 Acres PROPOSED TRACT 1.5 CHECKED BY LDL RENSIONS SHEET JOB N0. 2175 -01(B) Westlake , consultants, inc I 1 Trust for Public Lands Tigard - Tualatin School District Lot Line Adjustment Application 1.1 June 28, 2010 I 1 1 1 Trust for Public Lands 1 Tigard- Tualatin School District Lot Line Adjustment Application 1.1 1 1 Prepared for: Trust for Public Lands Contact: Bob Betcone, Counsel 1 806 SW Broadway, Suite 300 Portland, OR 97213 Phone: (971) 224 -4106 1 Fax: (971) 244 -0518 Prepared by: 1 Westlake Consultants, Inc. 15115 SW Sequoia Parkway, Suite 150 1 Tigard, Oregon 97224 Phone: (503) 684 -0652 Fax: (503) 624 -0157 1 1 1 ' Westlake Consultants, Inc. ' TABLE OF CONTENTS PROJECTOVERVIEW ............................................................................................................... ..............................1 ' SERVICES AND FACII..ITIES ................................................................................................................ ..............................2 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE. .3 CHAPTER 18.410 LOTLINEADJUSTWATS ................................................................................. ..............................3 ' Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 i ' Westlake Consultants, Inc. ' LIST OF EXHIBITS ' Exhibit Contents A City of Tigard Lot Line Adjustment Application Form B Tax Map C Lot Line Adjustment 1.1 Site/Plot Plan & Preliminary Map D Title Information: Deeds for Subject Parcels E Zoning Map ' F SWCA Wetland Delineation and Natural Resource Assessment: Figure 6, Wetland and Vegetative Corridors Map ' Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 ii Westlake Consultants, Inc. ' DATA SHEET SUBJECT PROPERTY: Lots 5 and 6 of Cherry Hill Acre Tracts Subdivision (CHAT) A portion of Tax Lot 2000, Tax Map IS 1 34DC Washington County ' PROPERTY LOCATION: Part of the approximately 73 acres of property owned by the Tigard - Tualatin School District, consisting of Fowler Middle School and adjacent land on the north side of Summer Creek, bounded on the north by SW Tigard Street, on the east by ' SW Tiedeman Street, on the south by SW Walnut Street, and on the west by existing residential development and SW Gallo Avenue, in the City of Tigard. ' PROPOSAL: A Lot Line Adjustment to better reflect boundaries between developable land and open space areas, to facilitate conveyance of the open space areas to City of Tigard SITE SIZE: CHAT Lot 6: Existing 41,353 SF, Proposed 68,826 SF CHAT Lot 5: Existing 41,334 SF, Proposed 13,861 SF ZONING DESIGNATION: R- 4.5 ' APPLICANT'S REPRESENTATIVE: Westlake Consultants, Inc. 15115 SW Sequoia Parkway, Suite 150 Tigard, Oregon 97224 ' Contact: Lee D. Leighton, AICP Phone: 503 684 -0652 Fax: 503 624 -0157 Email: Leighton (a,westlakeconsultants.com ' APPLICANT/ CONTRACT BUYER: Trust for Public Lands Contact: Bob Betcone, Counsel ' 806 SW Broadway, Suite 300 Portland, OR 97213 Phone: 971 - 224 -4106 Fax: (971) 244 -0518 Email: bob.betcone@!pl.org PROPERTY OWNER: Tigard - Tualatin School District Contact: Rob Saxton, Superintendent 6960 SW Sandburg St. Tigard, OR 97223 ' Phone: 503- 431 -4000 ' Trust for Public Lands/ Ti - — Tigard -Tualatin School District Lot Line Adjustment City of Tigard Westlake No. 2175 -001 iii ' Westlake Consultants, Inc. ' PROJECT OVERVIEW The Tigard - Tualatin School District (TTSD) owns approximately 73 acres of land acquired for ' construction of Fowler Middle School, of which only the approximately 25 acres south of Summer Creek are used for the school campus. Working with the Trust for Public Lands (TPL), TTSD has agreed to convey to the City of Tigard portions of the property containing wetlands and vegetated corridor areas (also known as wetland buffers) suitable for open space conservation and public park use. A Wetland Determination performed in 2006 by SWCA Environmental Consultants (See Exhibit F) provides the basis of the boundaries for the proposed ' reconfiguration and conveyances. As a step toward completing that process, this proposed Lot Line Adjustment realigns the common boundary between two existing parcels of record such that they are in effect reconfigured as a development/active use parcel and an open space conservation parcel. No development of the property is proposed at this time. ' Proposed Lot Line Adjustment (ID #1.1) I This lot line adjustment is to realign the common boundary that runs north -south between Lots 5 and 6 of the Cherry Hill Acre Tracts Subdivision to form a new boundary line oriented generally east -west approximately 96.3 feet north of the two lots' southern boundary line. The resulting ' northerly parcel has been labeled "Tract 1.1" and the southerly parcel "Tract 1.2" on the accompanying plan drawing. (See Exhibit C - "Property Line Adjustment Exhibit 1.1 ") Both of these existing lots are vacant. Tract 1.1 will contain 68,826 square feet (1.58 acre) consisting primarily of uplands suitable for potential development, with frontage on SW Tigard Street at the north. ' Tract 1.2 will contain 13,861 square feet (0.32 acre) of wetland/vegetated corridor areas suitable for open space conservation. Although this parcel will have no frontage on a public street, ' access can be provided by creation of a 15 -foot wide access easement along the northern property boundary of the lot immediately to the south (Lot 22 of Cherry Hill Acre Tracts), extending west from the southeastern comer of proposed Tract 1.2 to the existing SW Gallo ' Avenue right -of -way. 1 Both proposed parcels (Tract 1.1 and Tract 1.2) are larger than the minimum 7,500 square feet ' mandated for the R -4.5 zone in which they are situated. Both proposed parcels substantially ' 1 The Applicant intends to complete the Lot Line Adjustment process by making a set of simultaneous deed conveyances to the City of Tigard based on the approved new boundary lines. As a result, the City of Tigard will become the owner of proposed Tract 1.2 as well as CHAT Lot 22, eliminating the need for the proposed access easement. In the unlikely event a different conveyance were to occur, such that Tract 1.2 and CHAT Lot 22 would be held by different owners, the easement would be established as conveyance deeds were recorded. ' Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 1 ' Westlake Consultants, Inc. ' exceed the minimum lot dimensional requirements in the zone, and both have adequate access as discussed above. Easements or Other Encumbrances Two public easements cross the Fowler Middle School (FMS) properties. The first is a sanitary sewer trunk line easement, which runs generally east -west and is located a short distance north of the school buildings. The second is a pedestrian/bike path easement, part of the Fanno Creek Trail, which runs generally north -south near the eastern side of the FMS property. Neither of these easements is within or adjacent to either of the subject parcels. The proposed lot line ' adjustment will not affect these easements in any way. I ' ABUTTING PROPERTIES The TTSD ownership (Fowler Middle School site and vacant properties on the north side of Summer Creek) is bounded by public streets to the north (SW Tigard Street) and south (SW Walnut Street). On the west, the property is adjacent to existing residential development and to segments of the SW Gallo Avenue right -of -way. On the east, the property is adjacent to SW Tiedeman Avenue and Fanno Creek. Most of the surrounding area contains developed residential properties in the R -4.5 zone, with a small high - density residential (R -12) area located to the northeast, on the north side of SW Tigard Street. Exhibit E contains an annotated zoning map, showing the relationship of the school properties to the surrounding neighborhood. ' The subject properties for this lot line adjustment are in the northwestern corner of the TTSD/FMS site. SW Tigard Street forms the northern boundary of both lots, and there is existing residential development to the west of Lot 6. To the south and east, the neighboring lots ' (Lots 22 and 4 of Cherry Hill Acre Tracts, respectively) are vacant. I ' SERVICES AND FACILITIES ' WATER & SANITARY SEWER SUPPLY Fowler Middle School currently has water and sewer service provided through the City of Tigard. As no development of the properties is proposed at this time, the proposed lot line ' adjustment has no impact on water or sewer service or system capacities. TRANSPORTATION AND STREETS ' The Fowler Middle School properties have frontage on SW Tigard Street on the north, SW Tiedeman Avenue on the east, and SW Walnut Street on the south. As no development is proposed, the proposed lot line adjustment will not impact any of these or other area streets. Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 2 ' Westlake Consultants, Inc. ' STORM DRAINAGE All of the TTSD/FMS property drains either into Fanno Creek or into its tributary, Summer Creek. Because the property north of Summer Creek is undeveloped, stormwater flows are unmanaged for most of the site. Stormwater from the school and surrounding parking and other impervious surfaces flows to public stormwater facilities located in SW Walnut Street and SW Tiedeman Street. ' No development of the subject properties is proposed at this time. The proposed reconfiguration of property boundaries will have no impact on stormwater flows or management. OTHER UTILITIES: POWER - TELEPHONE — GAS — CABLE TELEVISION Portland General Electric and Verizon provide electrical power and telephone services, respectively. Northwest Natural Gas and Comcast provide natural gas and cable television, respectively. The proposed Lot Line Adjustments do not impact the provision of any of these private utilities to the subject property or neighboring properties. LOT LINE ADJUSTMENT REQUEST The following section contains applicable sections of the City of Tigard Community Development Code (in italic type) followed by responses from the Applicant offering findings of ' fact and conclusions of law. ' CITY OF TIGARD COMMUNITY DEVELOPMENT CODE 1 CHAPTER 18.410 LOT LINE ADJUSTMENTS 1&410.020APPRovAL PRocEss ' A. Decision - making process. Lot line adjustments shall be reviewed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.410.040. ' Response: This Section provides procedural guidance and requires no statement from the applicant. The approval criteria of Section 18.410.040 are addressed in detail below. B. Time limit on approval. The lot line adjustment approval by the Director shall be effective for a period of I -112 years from the date of approval. C. Lapsing of approval. The lot line adjustment approval by the Director shall lapse if: L The lot line adjustment has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; or ' 2. The final recording is a departure from the approved plan. ' Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 3 ' Westlake Consultants, Inc. ' D. Extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: ' 1. No changes are made on the original plan as approved by the Director; 2. The applicant can show intent of recording the approved partition or lot line adjustment within the one year extension period; and ' 3. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. ' Response: The applicant acknowledges that the proposed lot line adjustment must be recorded within 18 months from the date of approval, and intends to complete all deed and map recording within that time frame. 18.410.030 APPLICATION SUBMISSION REQUIREMENTS ' A. General submission requirements. All applications shall be made on forms provided by the Director and shall include information required for a Type I application, as governed by Chapter 18.390. ' Response: This requirement is satisfied by the completed Lot Line Adjustment application (See Exhibit A). B. Specific submission requirements. All applications shall include the preliminary lot line map and necessary data or narrative, detailed information for which shall be ' obtained from the Director. Response: This requirement is met. This application package contains a preliminary lot line map (See Exhibit C) and the supporting information required for analysis and approval of the lot line adjustment by the City of Tigard. 18 41 0 040 APPROVAL CRITERIA A. Approval criteria. The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: L An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; Response: This criterion is met. The proposed lot line adjustment does not create any additional parcel. No proposed parcel is smaller than the minimum 7,500 square foot lot size required in the ' R -4.5 zone; the smallest proposed parcel is 13,861 square feet in size. 2. By reducing the lot size, the lot or structures(s) on the lot will not be in violation ' of the site development or zoning district regulations for that district, Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 4 ' Westlake Consultants, Inc. ' Response: This criterion is not applicable because the subject parcels are vacant. ' 3. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a. The minimum width of the building envelope area shall meet the lot ' requirement of the applicable zoning district; Response: This criterion is satisfied. Proposed Tract 1.1 contains sufficient land to allow it to be divided for future development. Proposed Tract 1.2 contains less than two times the land area ' required by the minimum lot size requirement; however, since its intended disposition is acquisition by the City of Tigard for permanent open space conservation, no future building construction is anticipated on Tract 1.2 and this provision will not be applicable. ' b. 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; ' Response: This criterion is met. Both of the proposed parcels are larger than the minimum 7,500 square feet required in the R -4.5 zone district. c. 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; and Response: Proposed Tract 1.1 has frontage on SW Tigard Street. Proposed Tract 1.2 can obtain access to SW Gallo Avenue by way of a 15 -foot access easement to be created through the northwestern part of Lot 22, Cherry Hill Acre Tracts, immediately to the south. ' d. Setbacks shall be as required by the applicable zoning district. Response: No development is proposed at this time. Future development of proposed Tract 1. 1, ' including division to form multiple lots or parcels for development, will be required to comply with applicable setback requirements. Proposed Tract 1.2 is intended for acquisition by the City of Tigard for open space conservation rather than for development. 4. With regard to flag lots: ' Response: This criterion is not applicable; the proposal does not involve existing or proposed flag lots. 5. 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. ' Trust for Public Lands/ Tigard-Tualatin School District Lot Line Adjustment — City of Tigard S J h' g Westlake No. 2175 -001 5 ' Westlake Consultants, Inc. ' Response: This criterion is not applicable, as no development of the property is proposed at this time. The reconfiguration of the property boundaries through the Lot Line Adjustment process does not impact fire- fighting capabilities in any way. This provision will apply to any future ' development actions. 6. 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. Response: Public street access for Tract 1.2 is proposed by way of an access easement through ' part of Lot 22, Cherry Hill Acre Tracts. This access will be shared with the neighboring parcel to the east of Tract 1.2, identified as proposed Tract 1.4 in a separate lot line adjustment application. Maintenance responsibilities can be covered in a reciprocal access easement agreement. 7. Any accessway shall comply with the standards set forth in Chapter 18.705, ' Access, Egress, and Circulation. Response: This criterion is not applicable. No accessways are proposed or needed. ' B. Exemptions from dedications. A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right -of -way i , dedication is required Response: The proposed lot line adjustment does not give rise to a dedication of floodplain, greenway, or right -of -way. This provision is met. C. Variances to development standards. An application for a variance to the standards ' prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. Response: This section is not applicable because no variance is requested. 18.410.050 RECORDING LOT LINE ADJUSTMENTS ' A. Recording requirements. Upon the Director's approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington ' County and submit a copy of the recorded survey map to the City, to be incorporated into the record. ' 2 The Applicant intends to complete the Lot Line Adjustment process by making a set of simultaneous deed conveyances to the City of Tigard based on the approved new boundary lines. As a result, the City of Tigard will become the owner of proposed Tracts 1.2 and 1.4 as well as CHAT Lot 22, eliminating the need for the proposed access easement. In the unlikely event a different conveyance were to occur, such that Tract 1.2 or 1.4 and CHAT ' Lot 22 would be held by different owners, the easement would be established as conveyance deeds were recorded. ' Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 6 ' Westlake Consultants, Inc. I I Response: Following City approval, the applicant will record appropriate deeds and a record of survey with Washington County, and will submit a copy of the recorded survey map to the City. ' B. Time limit. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re- configured lots. ' Response: The applicant will submit a co of the lot line adjustment record of survey ma to P pp copy J Y P ' the City within 15 days of recording with Washington County. The applicant acknowledges that all recording must be completed prior to obtaining any building permits on the reconfigured lots. 1 1 1 ' Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 7 1 1 Exhibit A ' City f Tigard — Lot Line Adjustment Application Y g J pp LOT LINE ADJUSTMENT 1.1 TYPE I APPLICATION Is City of Tigard Permit Center 93125 SW Hall Blvd., Tigard, OR 97223 Phone: 503.639.4171 Fax: 503.598.1960 R EC EN ED GENERAL INFORMATION JUN 2 9 2010 CITY OF TIGARD Property Address /Location(s): Lot 6, Cherry Hill Acre Tracts, PLANNINCIENGINFERI 143- n' _ FOR STAFF USE ONLY Tax Map & Tax Lot #(s): A portion of Map 1S 1 34DC. Tax LoL3GA9- Site Size: 41,353 sf, Case No.(s): L LA 1 0/ (a — 1. CUd 5 Other Case No.(s): Property Owner/ Deed Holder(s) *: (Attach list if more than one) n b q-3 Address: School District #23 aigardl. 6960 SW Sandburg Street Receipt No.: 1 , 7 D City/State: Tigard Oregon Zip: 9'7223 Application Accepted By: S . Primary Contact: Rob Saxton Date: 6) 4-4 Phone: (503) 431 -4000 Fax: (503) 431 -4047 Date Determined Complete: (t L-xi f ly PARCEL2 -- ----------------------- ' Rev. 7/1/09 Property Address /Location(s): Lot 5. Cherry_Hill Acre Tracts L \cuxpin \mastets \land use applicadons \lot line adjustment app.doc Tax Map & Tax Lot #(s): A portion of Map 1S 1 34DC Tax Lot Site Size: 41,334 sf. Property Owner/ Deed Holder(s) *: (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS Address: School District #23J1T— i�rd). 6960 SW Sandburg Street (Note: applications will not be accepted City/State: Tigard Oregon Zip: 97223 without the required submittal elements) Primary Contact: Rob Saxton ❑ Application Form Phone: (503) 431 -4000 F ax: (503) 431 -4047 ❑ Owner's Signature/Written Authorization Applicant* /Agent: ❑ Title Transfer Instrument or Deed Address: Westlake Consultants. Inc. 15115 SW Sequoia Parkway Suite 150 ❑ Preliminary Map (2 copies) City/State: Tigard, Oregon Zip: 97224 ❑ Site /Plot Plan (2 copies) Primary Contact: Lee D. Leighton. AICP — Director of Planning E] 1 Site /Plot Plan (reduced 8 /t" x 11 ") Phone: (503) 684 -0652 ax: (503) 624 -0157 ❑ Applicant's Statement (2 copies) *When the owner and the applicant are different people, the applicant must be (Address Criteria in TDC 18.410.040) the purchaser of record or a lessee in possession with written authorization ❑ Filing Fee $482.00 from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: Two (2) parcels of 41.353 sf and 41,334 sf. (number) (acreage or square footage) into two (2) parcels of 68.826 sf and 13.861 sf. (number) (acreage or square footage) List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: N one APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this a>I day of V.C.t/Yt.-L 1 20 V Applicant /Authorized Agent's Signature Owner's Signature Owner's Signature Owner's Signature LA I Y Ur I IUAKU rCCl.GIr I 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Receipt Number: 178493 - 06/29/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID LLA2010 -00005 Lot Line Adjustment 1003100 -43116 $419.00 LLA2010 -00005 Lot Line Adjustment - LRP 1003100 -43117 $63.00 Total: $482.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 122379 STREAT 06/29/2010 $482.00 Payor: The Trust for Public Land Total Payments: $482.00 Balance Due: $0.00 � � . ,..i D'C � W IS 1 34DC IS 1 34DC Ij 3 afET01 I'l _ R ! A is D""• a.o. g A,,9 ]I.$ a gl ."•x' eon r & 1 G 7 any. www+w.Mq�u+M — �wei }..• -+ I +..,.,w ae.eiwv w '. 1' MM•Eti1Mb • .`�.. �_( AMYIY � R ' 7 E{ 3 184.,r'�'..�+4P swn Tww' I w 100 12000 119 11600 '"" Yf �.w L ee " ' ra' �W++�„ 1 3;•.Z" _ - -+! 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Macma amaxm0r .•9a I.4w.ts 6erwew+w�rarn,•xt ,r. .wawlr, +lsuwrr„e ui4T ;.^'�-..w. -- :;'Tea.., ¢y� ��y i " 0.•=entaevu•O ewn+v+.c >ary wrw,•42r ..+e+ ,. .. .,_w(F+ - � : .. $arLNbM Nf. wai Nat ..' w' � �__..— yM1{ _ —... —• _._ .-. _ _,. .._ ... 1 ' ab+e a,ow aVRN'rvFJ.,atlar. t W �a ..t.- Xw .8 TIGARD d87071Yu }arr.- IS 1 34DC IS 1 34DC 1 Exhibit C ' Lot Line Adjustment Site /Plot Plan ' & Preliminary Map 1 1 1 1 1 1 1 1 9 V E YN m atl 4 � � APPLICANT'S AGENT 60A $ WESTLAKE CONSULTANTS, INC. o 15115 SW SEQUOIA PKWY, SUITE 150 w C TIGARD, OREGON 97224 N SW TIGARD ST REET 0 PHONE: (503) 684 -0652 FAX: (503) 624-0157 ��+ SSW46'52"E 143.91' CONTACT: LEE LEIGHTON, AICP GRAPHIC SCALE 71.96' 71.96' W �Ly a 100 0 50 100 200 1 V q 80% C .H.A.T. LOT 6 / TRACT 1.1 = c ( IN FEET) OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD) = a ° F 1 IN = 100 FT 6960 SW SANDBURG STREET TRACT 1. 68 T TIGARD, OREGON 97223 SF PHONE: (503) 431 -4000 r LEGEND 1 Ac. PROPERTY ADDRESS /LOCATION(S): LOERRYHILLACRETRACTS SUBJECT PROPERTIES TAX MAP & TAX LOT(S) A PORTION OF m N O uj z z I MAP 1 S 1 34DC TAX LOT 3000 Z o! - — — — - EXISTING BOUNDARY ° cd 0 o ° 1 ° >< Q o 3 0 0 o SITE SIZE: 1 "L J PROPOSED BOUNDARY , � � I 5 � � 4 3 2 � ORIGINAL: 41,353 SF, 0.95 Ac. I— 3 6 PROPOSED: 68,826 SF, 1.58 Ac. z U 41,353 1 41,334 W m w O SF 0595 ? =) (6 Z C.H.A.T. LOT 5 / TRACT '1.2 ~ Z C/) 0 =) Of I OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD) — Do O d - 1E 6960 SW SANDBURG STREET a TIGARD, OREGON 97223 Q F- 3 W PHONE: (503) 431 -4000 W (n 1n o I PROPERTY ADDRESS /LOCATION(S): LOT 5 Z N89 57_51fE 143.91 CHERRY HILL ACRE TRACTS J c- F TRACT 1.2 TAX MAP & TAX LOT(S) A PORTION OF F— js� (n o N 13.861 �� MAP 1 S 1 34DC TAX LOT 3000 W O 20' m sF C_, LEI rn 0.32 0, !� SITE SIZE: O v m 569'59'30 "E 221.24' 71.96' Ac 71.96' G ORIGINAL: 41,334 SF, 0.95 Ac. Z o PROPOSED: 13,861 SF, 0.32 Ac. � N ----- -_ —_ —_ N895930 W 14,3.91- - P /0 ° S89'S9'30 "E 395.17' az N00'02'09 "W N00'02'09 "W 15.00' 15.00' G J PROPOSED 15.00' WIDE DAB 17JUN10 Q ACCESS EASEMENT DRANK BY MPC 22 CHECKED BY 3 S HE E ET ET LDL R SITE /PLOT PLAN & PRELIMINARY MAP H S SCALE: 1" =100' 1 1 1 1 JOB N0. 2175 -01(B) t 1 Exhibit u � rue Information TITLE IN URANCE COMPANY B 5 14 J. � KNOW ALL MEN BY THESE PRESENTS That ._. AUOUST_SUCK MONROE and ' . ..........................CORA. MAE..MONROE, ..husband and wile,....... ...... .............. ... _ ....__ ......_._- ._._.._.. .................... .... ...... ......... ...... _ «_,.. ...... ...... ... , herelnaftss caged the grantor, for the oonalderalion hereinafter stated, to grantor paid by .3CHOOL..D28TRICT g2�'J ( TIGARD)..,YASHINOTON- COUNTY, ORLOON,....._... ferelnalter salted the grantee, doe! hereby grant, bargain, NN and convey unto the said grantee and gtantp ab!!S successors and assigns, that certain real property. with NM fNMtMnts, herodilarnents and appurtenances therounto belanging or appertaining, sit- .. led In the County of ...... W "hington and Seat. of Oregon, desetibed a_ follows, to -wit: Lots 4, 5 i 6, CHERRY HILL ACRE TRACTS, Washington County, Oregon SUBJECT TO the usual printed exceptions of title poli- cies, rights of the public in and to that part of the ' herein described premises lying within the boundaries of roads and highways, and eatfaments, conditions and restrictions of public record. To Have and to Hold the some unto the said grardoe and grarteis)(ttix c successors and usigns /°raver• And said grantor hereby covenants to and with said grantee and gronfee's iWot, successors and assigns, that grantor is lawfully seised in fee rimpie of the above granted Premises, ]roe hoe all enarndrranees except ' as above stated, ..and that grantor still warrant and forever defend the above granted premises and every part and parcel thereof odainst the lawful claims end demands of all persona whomso- ever, except th.oss claiming under the alcove described encumbrances. Tie true and actual coeuideration paid for this transfer, stated in terms of dollars, is $ 18 , 000 , 00 .... mfletve. +rt 4he- eohseF�sneiderMlan►�r.rieM�d a► incMiew- eNserf+ Mary�a► wlw�g :ra+n- aw- prawread..u�?wf�i+- , " I . W . eu +.idar+tiawiiudieate.sWJrb}.�.. In construing this deed and where of context so requires, the singular includes tie plural. WITNESS grantor's hand this day of May " y I 1 4 ��; �.a.. 7 � wry ' 111,- •,,�•a•c _ .............. srera op ommox, scanty n► Washington....) ae. nay °M'd he above natal ...AUGUST. SUCK.MONROE and CORA AUIE MONROE . ... .... __..._ ..... .............. I ..................... ' ...�.... «.. 00 ... .. ...... �J .r'.?'! ;and adtiio�ayed foagolM m lnsrruenr Before fe b their . vohrMmY set and dead. ; • ' r }- r.`-- -►'�- ^`•w'a'w'"�`l �.s_;. (O "A _ ' Notary Public for Oregon / / A� -' ,tFs,2•;,. . `..'� MY commiaisur+ irw . 1(t- ./7 77• •i ' JY.1� .p aM..M IM .e«L.a. m. N M ..NMMh, aN•M M ..Nb1. M Q.w�.+ Wp a-- l.w lY1r, f ...r.r H .A. IW e,.ea 5.0 � —_ STATE Or OREGON WAR: ANTY DEED AUPUST BUCK MONROE and INDEXED COW of wa>r w^ e CORA MAE .MONROE and I Rear 71Nr con 0~. r a Re0arde :4r,len end Es•Ofhcle Retarder .1 Gas- ....Ju: ' to eyan.ec for caw co-". d. lt...v ..rely shot the w11hm Ine/nwn rt f o er,IW wee V .eeNs saes rvn {. . SCHOOL ISTRICT. 123J.. ....... «.ss,sa,w,a .edeed and recorded In boost of .as eacesw.. No, eq1 (TIOARO WA NOTO OON- ,..,• w eeNN. of sow Cm." Ox .......... '- � •' : OHEfi............... .n.WNS.. : 00 ! AREA aEa911a1Na "awn" TO N.. n.. W11Mq TI' Rend Ofd seal olflsed. - ROGER TNOMSSEN, DMector M t4[gfalCK A. AWDERSON Records a V-11— AT10"y AT saw Z text! S. W /1N1,14 $1. Dm , s 5C' wats, otlonw m» u ` 49 pal 11 01 f 71 1 e. $DT 23M DU Mr, .rr a f - » 1N AVI COMPANY . *` ; Wwtw s KNOW ALL .bA1A.Q. XN BY ?BtAIt PRSSdNis Thu RAYMOND EVAN SON and KATHLEEN to klbrOI:.Di8T1tICT . i .LTIAf aloerldarrk►e wnirala.w{.py"f v 2� , IiDmTi A QOANTY, ^ ............... -_ ............... ......._..,�,.....�.........__. CIO" hariby fr:<N bo�dn aaA aWd aout►ay undo dr add tramet and /nntas AM +trPatli!ce� anit{• ardji� f ' ' crrtJa rod proParty, With 0- tanearnfa hsredltaments and aPPwt►n.nw dewaunto baton'" 1 ` uet#d to the County d .. - ...._WAO.UngiGil.... .__.._ .and Shb at gyaq, d ttaib4 N!/$oIIIb +� !t rv� 'iii;: ^: ('1 },• Lot 22, CHERRY HILL TRACTS, Washington County, Oregon'.�:.�'•;:��(� tom` :t�d'.'�4z � �•. lw " 70 *6111"S and to HOW HIS aarr undo thr add grant" and paMa'a Awtaa, wo»wm rid 7T r ��:: ; : s•S i And said grantor har.by awenanfa to aad Wrleh add pant" and p >sae»+aoi aWi( ; (ranter in (anhdlywfad In fw SiWO of tin above fronded Medan+, ha frola aC aeaapbatit�a t$ , s d ,rUfts at-the public in any portion lying within the boundarie's•:ot'.xoadti ? ' app'highwftyi,.'*&memento, conditions and restrictions of public rsoorQ,i Y a p±id ths_iewd printed exceptions of title policies traMor wit) warrant and toner» ddad the above /ranted Premise and s►sry put and puod fhwd a(aiaal ` hd clydma and damatda of all Pwwm whonroerar, mapf Thor datming under the ahora dwribd. ,Y ' 77w tear and actwl condderaeton paid lot Out frandu, slated In farm+ of do/Lra, is j.$ ► y,5O..0A:,1:: ` v; =, Y ' t+ +every- IM►�La�wwd.Mti/�rrwo}uds> 001er•- P0poM r.+ r- t' +l,r llrrrrw- paaWfwid- vhhA -J►¢t !{`, : t6.i""'• In awastruing (Ns dad rd what the rat so ragWdr», thr dndWar Jnchd» it" phnat. wrrNSS.s /raw 8 hand Ada _ --,day d .....dune...,... _ ....... .. ► . _. . .. _..._......_.. . r..........._........_..r_..... .��n�t•.�!)'�1fL ... ' 7y'•�r 9o2t.wnri,.lt1 :. NO abm awMd „:.BAYMI)ND..E.VAN THLEEN..EuNaac..,� r Iu y l h i t a t ' �''yhU /j O'agld'h. foe�po6y bucrtm»nr ro e I ....Miza� � � t �^w!C �` e ( �4W[►r.+ My Notary for Otago^ ' } Mori —Ir rrw. W.«. er �f.i.Y tp. M rr nrM+Wa A.N b. {.Mw. w awe~ w7• P.w lrn W W. • 4 r Ww rwr Wrr. � G' WARRANTY DEED STATE Of CAMON ' copy + ... .. i N Q E Cwy of waddrgtwr t Dim W of Soh) ,1 DSt)tr1Ot /2�7 rasa* M* W Ord tl.c+Wane and (Tgar�� i7asi�ng�on f.'�oun , "�� fW . °is roe oeoaaerq net WM a a la I jr ' .un. ww. rrrand and »tadM M heeR ofe�ea�Wbr ,....... ».—.• __. - �ur rrwr Zia Cai.rr _.. 1 A►t,.e asc000irra ararWnrn ►o » wi ' of wid . , � . .. � • � I wm:w rrry Fend o rW aN a�ily 7 i Z AtAn" At ta1WW Asoeedr dv t J rAlt t w. C WAttA U.S. a lot 22011 lJ r tat +Wd a.con AtI27 �� t o2 o" 3 !D �K'6y, ,L INK h4� VN% II 1 exninn e Zoning Map c rt i (P IPDj I I.. �. _. t. _. pr _ R -12 U U. r7v�] - I } .� " (HD) Mary Woodwa _ ..... _ S ? �\ Elementary r \ 34 -RO T I___. o�_L.a iT_lI.71_�I R-4 7 7 — -__.. r 1, (PD r � - _- �;• p^ �—.� Fowler 7� 1 Middle �-� �'� ���• 1 � 1 Schoo 1 _ T z _ _ _ C - _ ,� _ �__. _ r, �•� ~ .� \� ^ r o C -G Jill CBD o � � w C.N (PD) (� G 1 r tJ_ (HD) i a! -2�\, 1 Exhibit F ' SWCA Wetland Delineation and Natural Resource Assessment: Figure 6, Wetland and Vegetative Corridors Map 1 1 1 1 1 1 4: L PI e t .: }. a -w 4. f Y L O P5 4 W W 0 • J Y k ° r t Pi 1U �4. - . n u. - .' =F k c avt - _. • *.Y.. ., F P12U , PbkSy _ W • u i y �a �` F -'may :� •` - � 41 i Z. D t ns e 6 a� ` F7GW C KEY TO FEATURES �` A ] Fowler Middle School Fowler Middle School 0 60 120 240 360 V v Stream study area boundary � Vegetative corridors NORTH ENnsoNMrNiucoNSUaANrs Wetland Determination and Natural Taxlots Wetlands L Vegetative plots Feet Resource Assessment Figure 6. Wetland and V ' • Wetland and Upland plots 9 eg etative Corridors Seurw: METRO RLIS, 2005 p . After recording return to: Kelly Hossaini Miller Nash LLP 111 S.W. Fifth Avenue, Suite 3400 Portland, Oregon 97204 Until a change is requested, all tax statements shall be sent to the following address: Tigard- Tualatin School District #23J 6960 S.W. Sandburg Street Tigard, Oregon 97223 Attn: Bonita Maplethorpe STATUTORY BARGAIN AND SALE DEED (Property Line Adjustment Deed) TIGARD - TUALATIN SCHOOL DISTRICT 23J, an Oregon school district, which took title as School District #23J (Tigard) Washington County, Oregon, Grantor, conveys to TIGARD-TUALATIN SCHOOL DISTRICT 23J, an Oregon school district, Grantee, the real property located in Washington County, Oregon, and described on the attached Exhibit A. This deed is being recorded to effect a property line adjustment as approved by the City of Tigard on August 19, 2010, under LLA2010- 00005. The true consideration for this conveyance is $0.00. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. se 065400 - 0112 /PDXD0C& 1908521.1 Dated this day of , 2010. Tigard - Tualatin School District 23J Rob Saxton, Superintendent State of OREGON County of This instrument was acknowledged before me on , 2010, by Rob Saxton as Superintendent of Tigard- Tualatin School District 23J, an Oregon school district. Notary Public for the State of Oregon -2- 065400-0112/PDXDOCS:1 908521.1 EXHIBIT A Legal Description NEW CHERRY HILL ACRE TRACTS LOT 5 A tract of land situated in the Southeast one - quarter of Section 34, Township 1 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of lots 5 and 6 Cherry Hill Acre Tracts, Described as follows: Commencing at a 5/8" Iron rod set at the Southeast corner of Lot 7 Gallo's Vineyard as recorded in Book 58 Page 9 of the Washington county subdivision records, also being the southwest corner of Lot 6 Cherry Hill Acres Tracts; Thence N 01 ° 29' 37" E, along the easterly line of the plat of Gallo's Vineyard and the westerly line of said Lot 6, a distance of 100.86 feet; Thence S 88° 28' 50" E, leaving said easterly line, a distance of 144.11 to the east line of Lot 5 Cherry Hill Acres Tracts; Thence S 01* 28' 28" W, along the easterly line of said Lot 5 a distance of 100.88 feet to the southeast corner of said Lot 5; Thence N 88° 28' 50" W, along the south line of lots 5 and 6 Cherry Hill Acres Tracts, a distance of 144.14 feet to the point of beginning. Containing 14540 square feet. 065400 - 0112 /PDXDOCS 1908521.1 After recording return to: Kelly Hossaini Miller Nash LLP 111 S.W. Fifth Avenue, Suite 3400 Portland, Oregon 97204 Until a change is requested, all tax statements shall be sent to the following address: Tigard - Tualatin School District #23J 6960 S.W. Sandburg Street Tigard, Oregon 97223 Attn: Bonita Maplethorpe STATUTORY BARGAIN AND SALE DEED (Property Line Adjustment Deed) TIGARD- TUALATIN SCHOOL DISTRICT 23J, an Oregon school district, which took title as School District #23J (Tigard) Washington County, Oregon, Grantor, conveys to TIGARD- TUALATIN SCHOOL DISTRICT 23J, an Oregon school district, Grantee, the real property located in Washington County, Oregon, and described on the attached Exhibit A. This deed is being recorded to effect a property line adjustment as approved by the City of Tigard on August 19, 2010, under LLA2010- 00005. The true consideration for this conveyance is $0.00. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. -1- 065400- 0112 /P DX DOC S :1908520.1 Dated this day of 9 2010. Tigard - Tualatin School District 23J Rob Saxton, Superintendent State of OREGON County of This instrument was acknowledged before me on 5 2010, by Rob Saxton as Superintendent of Tigard- Tualatin School District 23J, an Oregon school district. Notary Public for the State of Oregon -2- 065400-0112/PDXDOCS: 1908520.1 EXHIBIT A Legal Description NEW CHERRY HILL ACRE TRACTS LOT 6 A tract of land situated in the Southeast one - quarter of Section 34, Township 1 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of lots 5 and 6 Cherry Hill Acre Tracts, Described as follows: Commencing at a 5/8" Iron rod set at the Southeast corner of Lot 7 Gallo's Vineyard as recorded in Book 58 Page 9 of the Washington county subdivision records, also being the southwest comer of Lot 6 Cherry Hill Acres Tracts; Thence N 01 ° 29' 37" E, along the easterly line of the plat of Gallo's Vineyard and the westerly line of said Lot 6, a distance of 100.86 feet to The True Point of Beginning; Thence S 88° 28' 50" E, leaving said easterly line, a distance of 144.11 to the east line of Lot 5 Cherry Hill Acres Tracts; Thence N 01 ° 28' 28" E, along the easterly line of said Lot 5 a distance of 478.06 feet to the southerly right -of -way of SW Tigard Street; Thence N 88° 16' 39" W, along the southerly right -of -way, a distance of 143.95 feet to the westerly line of Lot 6 Cherry Hill Acre Tracts and the east line of Gallo's Vineyard; thence S 01 ° 29' 37" W, along said east line, a distance of 478.57 feet to the point of beginning. Containing 68891 square feet or 1.58 acres. 065400 - 0112 /PDXDOCS:1908520.1 I 1111ASS DISK STAMPED WASH/N101 FOWLER SCHOOL LOT LINE ADJUSTMENT COUNTY SURVEYOR IN MCNUMEW BOX NW CORNER OF J.L. HINKUN OLC LOCATED IN THE SOUTHEAST ONE — QUARTER OF SECTION 34 TOWNSHIP 1 SOUTH, RANGE i WEST AND THE NORTHEAST CORNER OF SECTION 3 TOWNSHIP 2 g SOUTH, RANGE I WEST WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON > SCALE I" = 100' MONUMENTS SET XX —XX -2010 POUND BRASS DISK IN MONUMENT BOX STAMPED CDY OF TIGARD SURVEY CONTROL HELD 5/8" IRON ROD PLSI856 SET IN SURVEY 20167 ALC STAMPED ALPHA ENG I 5 INC IN MONUMENT BOX 1 SET IN GALLOS NNEYARD 152 4.6 8 M 3 TO 4 1 52 4. 7 9 SN 20267 _15 CALL AND HELD SW TICARO STREET N88' 16' 39'w — ---T— — — 147.95 I I".DO 8394 60.06 N O I� Is N48' 20' 02 "W ; 2.86 4G• cl ERRr NXL ACRE TW1C75 HELD 5 /8 "/ ROD 9 IJ b SET IN 'S MEYMO W N 6 I 5 a I J N N 2 9 II. ^ 2 n 2 i N / NEW I LOT 6 NEW ACRES = 3 3 z J I.SB I4GRES u� o' O^ it 1 MU771EY AODIRON GALO? f NNEYMO b I I NEWT LOT I 1.47 1 ACRES IO ELD 5/8" IRON ROD ry ti YPG 5T PED ALP/M ENG INC SET IN LO'S V/NEYARO 7� 9 I 3 S 887 ' 50' E M11 8 /NEW LOT 5 NEW LOT J 6 / 14510 SO�T� 0.57 ACRES ] m \,_ g _� N88' 29' STw 231.20 MS 26 PLAT 231.15 144.13 14f.00 It4.00 LEGEND III 221.10 N - S0" W x12.13 N HELD 9/8 RDO YPC STAMPED KPH/ ENG INC O SET 5/8 RON ROD WITH YELLOW PLASTIC SET IN GALGOS NEYMD SOT' 28' 28 "W no 518' IRON ROD SET IN SN 14360 CAP INSCRIBED CITY TO TIGARD 399.95 0 MONUMENTS FOUND AS NOTED 22 BOOK 746 PACE 667 Q -MONUMENT NUMBER (_) = REFERENCE USED Cl = CURVE NUMBER PI - POINT OF INTERSECTION Ll = LINE NUMBER HELD 5/8' IRON 28' 50' E YPC =YELLOW PLASTIC CAP L LEFT YPC CM DESTROYED 653.24 R =RIGHT SET /N MATTLEI"5 ADD/TgNO SN. - SURVEY NUMBER ^ DOC. NO. - DOCUMENT NUMBER II BOOK 737 PAGE 671 RECEIVED 1 t /I' BRASS DISK IN CURB a SETIN OC22 -105 1! J /4" IRON PPE a 21 ACCEPTED FOq FlUNG FOUND N SN II360 p WASHINGTON COUNTY SURVEYOR 0.77 WEST 12 n SEE D67A/L g' IJ 65724 PLAT HELD "I 88' 28' 50'E 650.61 PTY OF WARD 1 Ham. 244.26 1501.30 13125 S.W. HALL BLVD 0w ] � 110.84 MS 215.29 246.21 TIGARD. OREGON, 97223 ^� J � s 9 B 1/0.85 user J -731 I 503- 639 -4171 I14 CORNER .H /J Y n STAMPED WASH.CO 1982 SET IN GC27 -106 J 1 4' AL DISK 1 1 I /I' BRASS DISK IN C IS I, 2S I, 3413 9 V RECTSTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 18, 1980 JOHN , R. HADLEY 894 EXPIRES 6 —JO -2011