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LLA2010-00006CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 (503) 639 -4171 11/24/2010 2:19:12PM Conditions Associated With Case #: LLA2010 -00006 Project Name: Tigard - Tualatin School District #23J # DESCRIPTION STATUS STATUS DATE SEVERITY APPLIED B ACTION BY LLA SURVEY MAP NEEDS PLANNING APPROVAL Met 11/24/10 Cheryl Caines Cheryl Caines 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 NO Continuing 11/24/10 Cheryl Caines Cheryl Caines CONSOLIDATION 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 and access easement were recorded within 18 months of this decision. ACCESSWAY SCREEN IF/WHEN CONSTRUCTED Continuing 11/24/10 Cheryl Caines Cheryl Caines 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 1.4 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 III AFFIDAVIT OF MAILING - I, Patricia L. Lunsford, being first dulysworn/affkn, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: { Cl- kApp.pia.Bux(c)B —o ❑R NOTICE OF DECISION FOR LLA2010- 00006 /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 " X, 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. (Person that Pre ed Notice) ��/ STATE OF OREGON County of Washington ss. City of Tigard Subscribed and swom/affirmed before me on the Ito l V ` day of : T lEk 8 gk. , 2010. OFFICIAL SEAL n ^ ,� SHIRLEY L TREAT ��'� -K �U-u& NOTARY PUBLIC - OREGION COMMISSION NO.418777 NOTARY PUBLIC OF OREGON MY COMMISSION EXPIRES APRIL 2S, 2011 My Coinrnission Expires: EXH {6{TAl NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (LLA) 2010 -00006 �� TIGARD- TUALATIN SCHOOL DISTRICT (TTSD) (Proposed Tracts 1.3 and 1.4) 1 120 DAYS = 10/27/2010 SECTION I. APPLICATION SUMMARY FILE NAME: TTSD LLA (Proposed Tracts 1.3 "1.4 CASE NO.: Lot Line Adjustment (LLA) LLA2010 -00006 PROPOSAL: The applicant is requesting Lot Line Adjustment approval to adjust one (1) property line which will reconfigure two (2) separate parcels. Tract 1.3: (Lot 4 Cherry Hill Acre Tracts) of 41,315 will become 58,375 square ft. Tract 1.4: (Lot 3 Cherry H,11 Acre Tracts) of 41,296 will become 24,236 square ft. APPLICANT: Trust for Public Lands APPLICANT 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; WCTM 1S1341)C, 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 minimum 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 -00006 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT PROPOSED LOTS 1.3 & 1.4 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINES 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 ens urin access rights shall be recorded to p rovide access to Tracts 1.2 (Lot 5, Cherry Hill Acre Tracts and 1.4 (Lot 3, Cherry Hill Acre 'I 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 and access easement were 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 1.4 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 reconfiguring the parcels for either development /active uses or conservation. No development is propose 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 proposed tracts wrth no street frontage (Tracts 1.2, 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. This proposed adjustment is the second in that series. An adjustment is proposed between Tract 1.3 (lot 4 of Cherry Hill Acre Tracts) and Tract 1.3 (lot 3 of Cherry Hill Acre Tracts). There is only one tax parcel that includes platted lots 1 -6 and 21 -22 in the Cherry Hill Acre Tract subdivision (WCTM 1S134DC Tax Lot 3000). However, each platted lot must be adjusted separately. Tract 1.3 will be increased from 41,315 square feet to 58,375 square feet. Tract 1.4 will be reduced from 41,296 square feet to 24,236 square feet. Two public easements cross the Fowler Middle School properties. One is a sanitary sewer trunk line easement, which runs generally 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 nuns generally north -south near the eastern side of the property. The proposed lot line adjustments will not affect these easements. NOTICE OF TYPE I DEQSION PAGE 2 OF 5 LLA2010 -00006 - nGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT PROPOSED LOTS 1.3 & 1.4 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 request for a lot line adjustment in writing 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 minim lot size of 7,500 square feet. In any event, the lots will be 58,375 and 24,236 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: Both sites are vacant; therefore setbacks are not an issue. This standard does not apply. 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 average more than 50 feet in width. Tract 1.3 will average approximately 109 feet, and Tract 1.4 will average appproximately 96 feet according to the preliminary plot plan provided by the applicant. Tract 1.4 will be a flag lot because it has no street frontage and can be accessed via a propose 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 1.4. Both sites are vacant, and setback requirements do not apply. No new structures are proposed with this application. The resulting parcels will conform to the unensional standards of the R-4.5 zoning district as conditioned below. CONDITIONS: Prior to recording, a Lot Line Ad survey map and ftal descriptions showing the existing and proposed lot lines shah be reviewed and approvey the Plaruzing Department. The survey map shall include all access and utility easements. 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). 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 DEQSION PAGE 3 OF 5 LLA2010 -00006 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT PROPOSED LOTS 1.3 & 1.4 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 1.4 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 Tract 1.4 is bem created, but a physical access is not being constructed as part of this application. A screen is required it 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 1.4 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 1.4 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: There are no common drives for the two parcels involved. Tract 1.3 will have direct access onto SW Tigard Street, a public street. Tract 1.4 will be accessed via a proposed private easement across lot 22 of the Cherry Hill Acre Tracts. That tract connects to SW Gallo Avenue, a public street. This standard can be met with a condition of approval to provide an access easement, which was previously required to meet the dimensional standaW of the underlying zone. Any 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 1.4, 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 ad'ustment is not considered a development action for purposes of determining whether flooel 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 application 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 -00006 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT PROPOSED LOTS 1.3 & 1.4 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. �estion�s. II you u have an y questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 718 -2437. August 19, 2010 APPROVED BY Cheryl Caines DATE Associate Planner NOTICE OF TYPE I DECISION PAGE 5 OF 5 LLA2010 -00006 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTNIENT PROPOSED LOTS 1.3 & 1.4 x V e 4 � $ APPLICANT'S AGENT $ WESTLAKE CONSULTANTS, INC. ° 15115 SW SEQUOIA PKWY, SUITE 150 w TIGARD, OREGON 97224 _ S TIGAR S TREET _ _ PHONE: (503) 684 -0652 N N89'48'S2'W 143.91' ry FAX: (503) 624 -0157 E- q • a CONTACT: LEE LEIGHTON, AICP � GRAPHIC SCALE 71.96' 1 71.96' 100 0 50 100 100 U [ 1 C.H.A.T. LOT 4 / TRACT 1.3 — ( IN FEET) I OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD) 1 IN = 10OFT TRACT 1 .3 6960 SW SANDBURG STREET 3D37S N TIGARD, OREGON 97223 { PHONE: (503) 431 -0000 N LEGEND 1 �c. PROPERTY ADDRESS /LOCATION(S): LOT 4 O SUBJECT PROPERTIES I CHERRY HILL ACRE TRACTS m z O TAX MAP 8 TAX LOT(S) A PORTION OF N 0 - - - - - EXISTING BOUNDARY w M� z MAP 1S 1 34DC TAX LOT 3000 = O Of N TRACT 1 .1 o r : of PROPOSED BOUNDARY o 3 o a SITE SIZE: W g 4 3I 'i 41,296 2 ) ORIGINAL: 41,315 SF, 0.95 Ac. CJ 3 z 0 414 0.95 f PROPOSED: 58,375 SF, 1.34 Ac. Z =o N o Ac. N W m U 0595 P �/ �+ O t z A zi -7 J C.H.A.T. LOT 3 / TRACT 1.4 = Z 7 OWNERIAPPLICANT: SCHOOL DISTRICT #23J (TIGARD) O " x 6960 SW SANDBURG STREET Lt- n Q TIGARD, OREGON 97223 Q v 3. PHONE: (503) 431 -4000 W V) t c i -N 4*41 r PROPERTY ADDRESS /LOCATION(S): LOT 3 z TRACT 1. CHERRY HILL ACRE TRACTS 4 F 57'51 - E 24,238 TAX MAP 8 TAX LOTS) A PORTION D I— 0 vwi N89 MAP 1S 1 34DC TAX LOT 3000 Of W z0 C H E R Y SITE SIZE: v Z o S89 "E 221.24 TRACT 1.2 71.96 71.96' L ORIGINAL: 41,296 SF, 0.95 Ac. W o ------ ---------- - T - �� E 1 g1 PROPOSED: 24,236 SF, 0.56 Ac. afo 589'59'30 "E 395.17' / C R E o N00'02'OS'w N '09 "W J C =TY OF TIGARD DATE 17JUN10 z 15.00 5.00' 2 Q PRO ACCESS7 EASEMENT T R A .+ DR AWN BY MPC 3 22 C.H.A.T / ld`': iClnafl)•APprov ?d------ -- -- -- -- �( CHECKED By LDL oill'i the wok as described in: F NS SITE /PLOT PLAN & PRELIMINARY MA r WIT No. ..N alL) -(3000 SHEET SCALE: 1" =100' S �e ; ette to: Follow .......... ---- --- - - - - -- ( a 1 AU,ach "o. �- - ---- -- l ] 2175-01 (8) C:. Ccll-- r Date:.. _ / I4� t--- r- VICINITY MAP ,} LLA2010 -00005 a LLA2010 -00006 LLA2010 -00007 _ A LLA2010 -00008 LLA2010 -00009 ER _ LLA2010 -00010 r' � LLA2010 -00011 A TIGARD - TUALATIN SCHOOL ,4 DISTRICT LOT LINE `" e 4 ADJUSTMENTS _ 1 I Subject Site 5 L'frootltud Park 1_ 1 I V r __, 'Pill ITI Imo �l� t Y �. -, f Information on this map is for general location only and should be verified with the Development Services Division. + � Scale 1:8,000 - 1 in = 667 tt 4 f J Map printed at 01:16 PM on 19- Aug -10 DATAIS DERIVED FROM MULTIPLE SOURCES. THE CITY OFTIGARD MAKES NO WARRANTY, REPRESENTATION OR GUARANTEEASTOTHE CONTE NT. ACCURACY. TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. lo City of Ilgard f '4 - ^ •'� f ,,/ , �" 13125 SW Hall Blvd Feet — ') r C i � , r f ' ' ?I�pRMgps Ti 503639417 1 223 4 10 60 — -yr�[ +, �\\�, / /� f www.tigard- or.gov Trust for Public Lands LLA2010 -0000 Bob Betcone, Counsel TIGARD - TUALATIN SCHOOL DISTRICT # 23J 806 SW Broadway, Suite 300 LOT LINE ADJUSTMENT Portland, OR 97213 EXHIBIT-6- Westlake Consultants, Inc. 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 TIGARD - TUALATIN SCHOOL O DISTRICT #23J 6960 SW SANDBURG ST TIGARD, OR 97223 1S134DD01000 TIGARD - TUALATIN SCHOOL DISTRICT #23J 6960 SW SANDBURG ST TIGARD, OR 97223 2S103ABOO100 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 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. 1 Westlake BANNING I - NGINEERING I SURVEYING 1 consultants, inc 1 1 1 1 Trust for Public Lands Tigard- Tualatin School District Lot Line Adjustment Application June 28, 2010 1 1 1 RECEIVED JUN 2 9 2010 CITY OF TIGARD PLAWNGFE 3t31NEEMING 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 �s m 4 n FINAL TRACT "A" - $ GRAPHIC SCALE FOWLER MIDDLE SCHOOL x G 500 0 250 300 1000 J O INCLUDES: PROPOSED TRACT 3 ■ PROPOSED TRACT 8 ♦, 24.40 Acres EXISTING PARCEL 10 H r pa 1 IN I N EXISTING PARCEL 11 w v e1g FINAL TRACT "B" "D TRACT sw n GmD sn� T_ TRACT " C" OPEN SPACE — " TRACT I INCLUDES: PROPOSED TRACT 1.2 w PROPOSED TRACT 1.4 LJ J 43.83 Acres PROPOSED TRACT 1.6 Kv PROPOSED TRACT 2 PROPOSED TRACT 4 O Z ISI X �� PROPOSED TRACT 7 0 PROPOSED TRACT 9 O p w TRwBCT C.H.A.T. LOT 22 U O FINAL TRACT "C" 0 POTENTIAL DEVELOPMENT w m N Z O INCLUDES: PROPOSED TRACT 6 L_u z �. \..._, 1.09 Acres 0 ro N < j C/Dl < I— ' MAN i V FINAL TRACT "D" � w - Q V) (n F POTENTIAL DEVELOPMENT z < J w Sw WALNUT S7REET INCLUDES: PROPOSED TRACT 5 ?__ O Z O 0.80 Acres cr� G_ it LU U c C) FINAL CONFIGURATION MAP FINAL TRACT "E" - Cl- 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 REYISIDNS SHEEP 1 D, 1 0 JOB N0. 2175 -01 (B) r I I Westlake ■ consultants, inc r T f ' Trust or Public Lands Tigard- Tualatin School District Lot Line Adjustment Application 1.2 June 28, 2010 I t� w t a � r w� fi Pacific Corporate Center 97224 www. I PH 503.684.0652 I Fx 503.624.0157 �fr 1 r r r 1 r Trust for Public Lands 1 Tigard - Tualatin School District Lot Line Adjustment Application 1.2 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: Westlake Consultants, Inc. 15115 SW Sequoia Parkway, Suite 150 ' Tigard, Oregon 97224 Phone: (503) 684 -0652 Fax: (503) 624 -0157 1 1 ' Westlake Consultants, Inc. ' TABLE OF CONTENTS PROJECTOVERVIEW ............................................................................................................... ..............................1 ' SERVICES AND FACILITIES ................................................................................................................ ..............................2 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE ................................................ ..............................3 CHAPTER 18.410 LOT LINE ADJUSTMENTS ................................................................................ ............................... 3 1 Trust for Public Lands/ Tigard- Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 i 1 1 r Westlake Consultants, Inc. ' LIST OF EXHIBITS ' Exhibit Contents A City of Tigard Lot Line Adjustment Application Form r B Tax Map r C Lot Line Adjustment 1.2 Site/Plot Plan & Preliminary Map D Title Information: Deeds for Subject Parcels r E Zoning Map ' F SWCA Wetland Delineation and Natural Resource Assessment: Figure 6, Wetland and Vegetative Corridors Map r r r 1 r 1 r 1 1 Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 ii r 1 ' Westlake Consultants, Inc. ' DATA SHEET SUBJECT PROPERTY: Lots 3 and 4 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 4: Existing 41,315 SF, Proposed 58,375 SF CHAT Lot 3: Existing 41,296 SF, Proposed 24,236 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: llei hg ton(&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(a,tpl.org PROPERTY OWNER: Tigard - Tualatin School District ' Contact: Rob Saxton, Superintendent 6960 SW Sandburg St. Tigard, OR 97223 ' Phone: 503431 -4000 ' Trust for Public Lands/ 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 Adiustment (ID #1.2) ' This lot line adjustment is to realign the common boundary that runs north -south between Lots 3 and 4 of the Cherry Hill Acre Tracts Subdivision to form a new boundary line oriented generally from southeast to northwest. The resulting northerly parcel has been labeled "Tract 1.3" and the ' southerly parcel "Tract 1.4" on the accompanying plan drawing. (See Exhibit C - "Property Line Adjustment Exhibit 1.2 ") Both of these existing lots are vacant. ' Tract 1.3 will contain 58,375 square feet (1.34 acre) consisting primarily of uplands suitable for potential development, with frontage on SW Tigard Street at the north. ' Tract 1.4 will contain 24,236 square feet (0.56 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 southwestern corner of proposed Tract 1.4 to the existing SW Gallo Avenue right -of -way. I ' Both proposed parcels (Tract 1.3 and Tract 1.4) 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 exceed the minimum lot dimensional requirements in the zone, and both have adequate access as discussed above. ' 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 1.4 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 1.4 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 1 ' Westlake Consultants, Inc. ' 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. ' 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 near the northwestern comer of the ' TTSD/FMS site. SW Tigard Street forms the northern boundary of both lots. To the south, east and west, the neighboring lots (Lots 22, 2 and 5 of Cherry Hill Acre Tracts, respectively) are vacant. ' 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. ' 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 ' Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 2 Westlake Consultants, Inc. 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 CHAPTER 18.410 LOT LINE ADJUSTMENTS 18.410.020APPROVAL 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 1 -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. ' 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; ' Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 3 1 ' Westlake Consultants, Inc. 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. 18.410.040 APPRo vAL 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 24,236 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; ' Response: This criterion is not applicable because the subject parcels are vacant. ' Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 4 1 ' Westlake Consultants, Inc. 3. The resulting parcels are inconformity 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 1.3 contains sufficient land to allow it to be ' divided for future development. Proposed Tract 1.4 contains roughly three 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 are ro osed parcels larger than the minimum 7,500 p p p g 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 1.3 has frontage on SW Tigard Street. Proposed Tract 1.4 can obtain 1 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 1.3, including division to form multiple lots or parcels for development, will be required to comply with applicable setback requirements. Proposed Tract 1.4 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. ' S. 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. ' 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. Trust for Public Lands/ Tigard - Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 5 ' Westlake Consultants, Inc. ' 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 1.4 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 west of Tract 1.4, identified as proposed Tract 1.2 in a separate lot line adjustment application. Maintenance responsibilities can be covered in a reciprocal access easement agreement. ' 7. An accesses shall comply with the standards set forth in Chapter Y a1' P Y ter 18.705 .T P ' Access, Egress, and Circulation. Response: This provision 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 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 AwusTMENTs ' 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. 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. ' 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. 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 copy of the lot line adjustment record of survey map to 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. Trust for Public Lands/ Tigard- Tualatin School District Lot Line Adjustment — City of Tigard Westlake No. 2175 -001 7 1 Exhibit A ' City f Tigard — Lot Line Adjustment Application Y g J pP 1 1 1 1 i i LOT LINE ADJUSTMENT 1 TYPE I APPLICATION City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR 9E I Phone. 503.639.4171 Fax.- 503.598.1960 ,JUN 2 9 2010 GENERAL INFORMATION CITY OF TIGARD PARCEL i - - -- PLAWINK /ENGINEERING -------------------- Property Address /Location(s): Lot 4 Cherry Hill Acre Tracts FOR STAFF USE ONLY Tax Map & Tax Lot #(s): A portion of Map 1 S 1 34DC, Tax Lot 3000 Site Size: 41,315 sf. Case No.(s): �— _A .3010- l) COO Other Case No.(s): Property Owner/ Deed Holder(s) *: (Attach list if more than one) � p /1 7 T Address: School District #23 igar 1. 6960 SW Sandbu>:g Street Receipt No.: O City/State: Tigard Oregon Zip: 97223 Application Accepted By: Primary Contact: Rob Saxton Date: L] Phone: (503) 431 -4000 Fax: (503) 431 -4047 --------------------- - - - --, Date Determined Complete: T9 //h PARCEL 2 ----- ---------------------- Rev. 7/1/09 Property Address /Location(s): Lot 3, Cherry Hill Acre Tracts is \curpin \masters \land use applications lot line adjustmmtapp.doc Tax Map & Tax Lot #(s): A portion of Map 1S 1 3413C. Tax Lot 3000 Site Size: 41,296 sf Property Owner /Deed Holder(s) *: (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS Address: School District #231 aigard), 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 Fax: (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 ❑ Site /Plot Plan (reduced 8' /s" x 11 ") Phone: (503) 684 -0652 Fax: (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 Q parcels of 41.315 sf and 41.296 sf, (number) (acreage or square footage) into Two (2) parcels of 58.375 sf. and 24.236 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: None APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANTS) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject 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 c-�',..f e� day or 1 20 !V Applicant /Authorized Agent's Signature Owner's Signature Owner's Signature Owner's Signature CITY OF TIGARD RECEIPT t 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Receipt Number: 178494 - 06/29/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID LLA2010 -00006 50% Joint Application Fee 1003100 -43116 $209.50 LLA2010 -00006 50% Joint Application Fee - LRP 1003100 -43117 $31.50 Total: $241.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 122379 STREAT 06/29/2010 $241.00 Payor: The Trust for Public Land T Payments: $241.00 Balance Due: $0.00 Page 1 of 1 � exmncc s ' Tax Map i 1S 1 34DC 1 S 1 34DC . , � Do t -•, _ i �'• g I % IK.AC t } R. 1 a .'I. we a° g. g W I 1 - 1 a , a . 5 7 h 1 - - -- �l L •k+>o' , ua _,' .. aa.,,,w. E 4auw, . 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'•'., .!� w . '11[$"`ti"" _ ,y iy SSFF' dgltlw3s is 1 34DC 1S 1 34DC i 1 1 1 r i 1 Exhibit C 1 Lot Line Adjustment Site /Plot Plan & Preliminary Map 1 1 i 1 i x a � Q noW APPLICANT'S AGENT • ti � $ WESTLAKE CONSULTANTS, INC. z 15115 SW SEQUOIA PKWY, SUITE 150 W o TIGARD, OREGON 97224 x o S TIGAR ST REET ° PHONE: (503) 684 -0652 - — — FAX: (503) 624-0157 9• c�v N89'48'52"W 143.91' N CONTACT: LEE LEIGHTON, AICP U) K� GRAPHIC SCALE 71.96' I 71.96' W 100 0 50 loo 200 I p U C.H.A.T. LOT 4 / TRACT 1.3 IN FEET m ( ) I OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD) 1 IN = 100 FT CT 1.3 6960 SW SANDBURG STREET TRACT r TIGARD, OREGON 97223 SF n PHONE: (503) 43111000 CV LEGEND 1 i N PROPERTY ADDRESS /LOCATION(S): LOT SUBJECT PROPERTIES CHERRY HILL ACRE TRACTS h z O TAX MAP & TAX LOT(S) A PORTION OF EXISTING BOUNDARY ao z MAP 1S 1 34DC TAX LOT 3000 = uj TRACT 1.1 0o ri o� o X Q 3 0 PROPOSED BOUNDARY o + �� 3 o SITE SIZE: Lu J 0 1 �1'� 41 ORIGINAL: 41,315 SF, 0.95 Ac. 2 1 U PROPOSED: 58,375 SF, 1.34 Ac. Z N 41.315 0 1 A c. N L.IJ J w° MEE SF 0.95 0 w m Vl z A z V J C.H.A.T. LOT 3 / TRACT 1.4 U:> a ^/ OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD) O _ 6960 SW SANDBURG STREET LL. n N Q P , s TIGARD, OREGON 97223 Q v 3 �� � ,, . PHONE: (503) 431 W w N o PROPERTY ADDRESS /LOCATION(S): LOT 3 J CHERRY HILL ACRE TRACTS F TR 24 T 1 . 4 TAX MAP & TAX LOT(S) A PORTION OF H 0 N89'57'51 MAP 1S 1 34DC TAX LOT 3000 Q zo'zo' 30.43' � C H E R Y SITE SIZE: (L LLJ L� n 3 TRACT 1.2 0 z m 589'59'30 "E 221.24' 71.96' 71.96' L ORIGINAL: 41,296 SF, 0.95 Ac. o PROPOSED: 24,236 SF, 0.56 Ac. � ---------- - - - - -- — S89'5930 E 143.91 � a 0 — 589'59'30 ° E 395.17' T C R E O Z N00'02'09 "W J / N00'02'09 "W A 15.00' 15.00' Q PROPOSED 1 EAS T R A C SATE 17JUN10 DRAWN BY MPC 3 22 c C H.A T) CHECKED BY LDL SITE /PLOT PLAN & PRELIMINARY MAP REIASIONS SHEET SCALE: 1" =100' o JOB No. i 2175 -01(B) 1 Exhibit u � Tine Information 1 1 1 1 1 1 1 1 1 1 VOLM e etANn Aide TITLE IN URANCE COMPANY ' KNOW ALL MEN BY TNESE PRESENTS, That . AUGUST .BVCK 14ONROE and .......... CORA..MA - MONROE, ..husband and wife,....._ ................ ._.................._ ......................... ..,,.» ........................ ............. »................. ... hereinafter caged the grantor, for the consideration hereinafter stated, to grantor paid by SCHOOL..DISTRICT 02:3 (2I0ARD). WASHINGTON..COUNT.Y, ORCOON,......_... - lsrrdnafter eafhd the grardoe. does hereby grant. bargain, "if and convey unto the said grantee and grantes's70al; successors and assigns, that certain reel property, with the tenements, herodita nonts and appurtenances thereunto betongdng or Appertaining, sit - uated In the County of .. Washington and State of Oreion, desnibed er follow[, to -wit: Lots 4, 5 6 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 roada and highways, and eaeemente, conditiona and restrlationa of public record. ' To Nave and to Hold the same unto the said grant" and granfeie3tRR7t succeswrs and assigns lot,-var. And said grantor hereby covenants to and with said grantee and grantee's Win, successors end assigns, that grantor is lawfully wised in In sialple of the abovo granted prenvsrs, trcr front off encumbrances except as above stated, ........................_ .. .. .. .... _........,........ .........grad that g sCltl warrant and Iorewr defsrrd fM ahaw granhd premises and every earl aced p8W thereof against the lawful elairm and demands of all persons whoa40- ever, eaNpt those claiming under the above described amumbrancea. 1$ 000.00 Ties true and actual owuddeMdOn paid for this transfer, stated in terms of dollars, is S r tAHewwwrt • Ihe- adreF- asnsidaaaNpraer. deM� .e►ir+sdu alilerf+op �adw- !�*M-aw /►owJsed.wisiafr^is. ha cost +iderafias�ladkace.tldslrSyl�.. '. in construing this deed and wrsre thq eortlost so requir,n, the singular includes the plurd. WITNESS grantor's hand this j'+ day of may . 19 9 . ° •' STATE.OPOREGON, County Ir Wasbington ) as y/ m ay N0 lefirt - 204'. pPpeared tlw arroyo r amed . AUGUST. BUCK .XONROE riot CORA NAS • �fR06 .......... i , ... .... .......... .. ... . r yw� farad ticJtrar�'} the foregoing instrument air .. veluMary act deed f - �a�� r M NntarY Public for Onion Cry r .. .•cis... :. , `.' . , rs Y commdaiew, o:pdres .�� 4Y,.'. %a.'ha t Igea ty t Me"..h 6- as av'" O. II .w YPM.1N. M..1Y M ed.h�. M [�wMr .q. O.wfw lM then. w ae�ewl M�Y &W eea1M1 L , r e. M ' . �'✓I W •�L'i 2w!y Ff"' i.. '♦ �� •• J WARRANTY DEED J �� cow" of WashM9ba AUGUST, DUCK. MONROE . and .._ INDEXED of R y CORA yAE ,.MONROE I RaP. rhoawseo otrsrta, seordt ' + i and flrrnarls and (,.QfildO Recall, C of Cora . ... to wynn:» tor sold COaray, d, h -,A —Ity .�'.',�'._i.:.: ••: QN._.....,• rsoN'r urn n.,, shot she w1thM ItwHwnu+ll of arena wr i <. ¢4 ee3 ' E S •'p recelrod and rswrded In book o! pri 1 yCgpO p jl�! 2..i2P .. . scs�e.rae•aa �' .� a (TIOA FHiEE AN .o..acoame• of so .•...,...» of ld avev • 4' , . ... ilA NtYl'O COON Co i a►r[a a[f:OrJDINO aiTYaN 10 Wllrwq my hand end O closed. ecto. d , ROM AASSEN, D & GER .'_ •r. i ^ '.. . nttDtelCK A. ANOtA.SO" Recmda 6 fleow'" ' r,non+tr AT trw w AIMS s, W. CWt[t fi. ."a, MG(W Deegan T.0 M21 r fFitt51 0. O. Lox taco! • e , 742 .d b PACT � ° `' ..x.•Al�zc^T , KHaw ALL MXN By r HE9a rieaan om rar d fly r V�li 't19�c 3 , 1 j•r"V"�«•^ . '!.7'!1'"F.nn1 s w:.N+n.., .a..... ..+. ,w n «rr .� ' r 'n �� --- 1�I4. SRJ1 "� tt A0.* erpAn, � e.n �ad owsver utiro of A rm �III �►�ii1�►� alk+�i0e0�IMUlw• «.� ! r � oeifaitt tMf•'ptepatfX ei11t W p�nt� hendifaitianti eeid eYPe iltetateafs fiM }'. t wl�d hi fM Qaulb' of «::•.._.• �9P_�p.$5°_f! ...._.._ ;..rnd Sfafe d Ore Yaeea� all it a�at.,,., r t�r y Lots 1, 2, and 3, CHEM MILL t�B TUMS Mashington Coeuwtgi Oregon; SUBJECT TO usual printed wMeptious of title N �. olioiso, r hts of tba public is and to that = part of the 6arain described .premises 2, within the bound}ries of roach and bighwisrs, To Haw and 0. Hold tM mote undo the "td tranfM and pantee'e irha, terooeooa turd Yar/Il�i'AOI�il�.4� + r* „ Tar . And &W {rantw hereby oovarm us to and %*b eetd $rant4v And paiitoe's Mfrs. IlraoataGt�;tae� tt�y, /ranfor 4 Lwtutly edtod in tat dmpb of the above panted prm sek Ins from aR eneoarlt . a�lzr ! above stated. 3 yk i1 _ /rerror.wil! wneait ow lower Mend dw above /rented proinim and .very pert and pturd t herod afeda�e f1M �1h'V'L � ;'t�, /ut ohd+to and dnioeidt'oI uU P.MM Iwhonauwr, eaoepr than dain ind WW- tae tlbore Q 4"< r aitd adord `euiridentton paid for thin tnrniar, stated In tot" of doAwa, to a tX { ¢ aFti rinatsM�ofMr- pre)fwtr or�tAtlyM+►'ue7 cif 3y {v5 e�emu �e„ay{taAnerwllal� r° .. .,elu•rlar• , t In oonefndn( dde.11ad' and wlrn tM oonlert w rgtdna, tt3e WIrNQAS jr., o , hgjw ride . _ 1� C�1...dp of c e xt 8 ,M U � County of flashlAB +i+L1.._.,) ar. �.,��/ ^ ApX11..iZ� y l9'f r �•„ �1 � �N ` S � ' ✓ `x r .4 tM Abows nand _.._..� r 11�V . `lYb ^va- s -�S * � M f•tYl " O�ii � � T 1 ,pfu"trN the foiafdN inatreramt! ro bo .�: . - . - �urAff reef �rtd � �� �� T�V I N , p ► f M�. eae,atftaton � �. " r ' ^ { f? . iwtE."tl. {r{e!, Ae!{M M te{td e` rtr t�,1iT7'i.w M e,►re. o.er. mc o. t.w IeV, NO ` WARRANTY DEE sun of out+ai Wed o w, 5 � �. Cower of,WedtMpt�fl r � i �4ti`v , ,., i a�'�'�' -fit•- i n t e f t � f. h• „ ti:i is 1rtlw,aee (er ptenN, W{tMN . � ily M1119e Mlt� ' r '��..sail�Ylaa �►.. w,u, eu{evaa s MWad en1 ntolded'ta L ?t •6'�s `• ti ..Yee euw�wa ey tI e toiWlw ; 4'. ♦ , ,,Y' } , r i�Y�_eyb ..T................_..- ...:.r 1MI lrelee ,rww -'F : ' ARM IItfMYINa MfIN"N 10 • Meal , M l 1. v r 1NNeen 1nw bend eAd seal etihed..� ;y 0C , R R mA T7td �. gnc"M�t;t WA AT IA AfO W l'OH �� •r k (r : : IJi! f: W. CWO It �i z . ' a t>oA�, a,teat 744 �� 5 XU 10 is 4o AV$q 19"40» LA IM a t :aS J4 , °� s ' 'wi 5�,7q• �t Ayut may' , :.. s 'Y. •:` Y tlf �y�r` gqs _, I(NO L MEN By Ise ASSEMT9 T&t ...,.RaBEAT -8r NDRI80!T_ tad A4t�t8 �.. s�A�d .s�,�.a,.........._w__....., _.. ._ � „,,,,,•M ,,, a`�' g►an lol M mWda -Ua, to /raNw paid bi �..{�il��,.�, �n 1 t doN hmoy /tram, "o4 ":1 and aoariy unto the raid /,rant” sad graitswi sort., wtooiiaen �d�/� . propefy, With ttr N and . aypurfeuanaIes fbi►wnlo batagllq t alN . { 1 mi d la the County of ......111 #.,11#R8.ta1__. __7._..and Slats d on&% &-'! d n p k s °< Late 1, 2, and 3, CW" HILL ACRE TRAM ' COUtlty SUBJECT TO the usual printed tnoo*ptiom of titlat Z policies, rights of the public in and to that > �, t a rt of the herein described. ppramisas. lying vtthia a boundaries of roads and h3ghwaye, � t ~ :• fit'!^• 1 �'� ! t'+' �. . 3',�at 4♦ aC } A , To Have and to h old tla auras unto the said / van!" and granNa'a AIIt% alfosaaaola And maid #motor busby aerananta to and with &aid grant- and Piki40044184% Amm' "son sad aaaip of ' grantor is larfulty Weed to f- dmpla al the above granted prsadm, Im m4o aM aea,aa4s!Psr appRlp itE y � above s tat ed .',1 �+ f ' YI I' C t• * 11 • grante will warrant and tonver defend the above granted premiss and *vary part and paroet ttwnel,agalrnt th* taw - -.:;; i ; tul claims and demand* of all pemm whonmaerar, arcept those datming urda ttr ab r* draart6td igwsdxanttM. ° b. The ruse and actual conddeation paid Pot Ihk trarnter, stated in trrw of daitat*, N 19 C ®HaM+ Mew, aafwt. waetdwatisn+. rrrela' ot- wJedads► oNrorprepert7�r taAsrft►wrwt � n - �,� �owitdwNion'(1++eTieeMrN�•® ` ? � . +'. ? In ba;wstang tbb dead and when the oanWt a the ar iadudaa the ph" W r ITNESS jrarMOr a twd tide ..lT.th.. _ ds d .....r April__.._ ...: �» X '4lsY » STAra o�q oN, Cew,t> at .. > p ff . d ad tlu above nanrod:' $0 &8RT MO]�I3i?Al att1S, l.�IShci► ; fy�, � I t a mr9da" hwMamishf to be sir _.t oiwdM aof ad dad x v . 'RH y 81Maaw :... ......... 7 �'' ,t JNV6 robot fw Dragon 'a+ �.11�1�� JIIY eoavniaabn erpins .. Z_1, .alxjs• .. '� „ s , ron�er.�,wse ► r y.w fA r .« ..r+,+w sets r rww. w orw *n. �.w. tw. ruse M.w�i.M sr tw � r .. VJARRANTY DEED ��, a o ak Z e a iRtSHXE� pn, Of k orb deMhv `v san u� rL .A 7rN ?I,I..MMl/�d_aNe1:;.1,1ttsRas rrt w'•.wta •MWrr , waaw y 7..« !..:... •.. .An. r uses ,wMea af,t rawdrd M bas4� of u , A..nwn.u..,:.._wf ••,Y.ww.rwrww�. r,N •Mte. ' +k'!{ eeeaawya '*O ww.7 of ,sW GwW •C +, 'n �, W11ma AW hood oM� n ottt - Nte ROGiR i tlf Afl A/ LAW RiON • . Itseordr Et*dWrs �: -f %� ` � IHSMa, OltaOtt fii7g �/ � 744 36 TA 4�tv t t S� Mi i Yfe } .ea c ~y$ %tin P c ,^ ,.;z ai ' °3 IN Afi h1PANY �'' testa a ` KNOW A" A/iN. DY !JI pRB3dNr$ rho . 1t>�1k3t.11�s1�l14_+���.e RAYMOND EVAN30N and KATHLEEN :.51 : r _ •► M,R�i. ...,, tisroiMINr 6W.d the � to + +.. .....�...+.� � r ; � S 4 •` i r;Gi, N /rwror. aorfabgrfalfon "A.nMlragY jt4 pdd fr SL1Il40I:.D25TRICT. 12�. �_.iTIAAS1i). MA3N2HRTOLt COUNx1', G .... ........... .« ....... .._..._._ ..... _._. _..._.. _ ....... _...:_ . :� t • , : dare hereby graN, brgafn, aeA and Deny raft Hr said Stan* and grantw# )rl� wKoNpa L ,'. oirtata reef, ptopwfy, with do tmamnk )wedttamenH and eppurtw+aruw tJrnumo � riratad In the County at Store of thgon daautAW u1ar, ~ ^ f't v� r 4� :` Lot 22, CHERRY HILL TRACTS, Washington County, Oregon tw } t ,f,•- �.fri� , ,ti ::. �J(•�S ,'`n . •l�' ' M1 1I ,•'� 'V To Have and to Hold the ara.e unto the said grantee and granha'a Arba, +uaaeaaora and a � +' r And said trentor hereby oosenanN to and with said grantee arnr granfea'e.fria, eultaeacra nr,T ',�;. «* granter is (WM& sa,aed in 10 simpb of 11. abora grand premW&, free Irem aa t! ,rights of the public in any portion lying within the boundariea'of x a' ' an¢ highwayi,'eaaemente, conditions and restrictions of Public 'reoohd k•k and the usual printed exceptions of title polioiea t et wsN �� grantor w111 warrant and forever ddand the above grsaW pramim end ovary part and , pares! thwoo/ agatwf fAa fie!« ?;:�; hd Gaima and demamta at all pertam whonfaoovep a vspf (boo chiming under the above deaf 4d.. ?� The fame and aetwf corfdderatfon paid lot this rrarafer, etabd in term. a, &Her% 4 1,5 o fiSQ QQS^ s' ' Ri�ta elf►+ etraP- owfat/ wtJM• o. n�taM- afb► �InaJ�rrtva�tbe�- wopar' rr�er- vatw- *Ivanw�prwrrbM- wl�A�i In a mmOming this dad ad whrn thepontarf so r rM, rho d :" � w War lncA du 1M pknat, : r L r NJTNSSS grantor ha,rg INS J „._ &y of ... / .June.. kr. er. rw..«-...... w....... u.....—....-.. w. �. w•._ ........................... .... .� \�n+T. --� �..IM7✓.. 4 Y ' oR orb cou,dy er. ..................... ra dunn.._!.� w Is 6 i:; a r aypaarad °11n abo a rand ....MYMDNtL.&VAH90H ..and- ,YATHLEEN..,fikANSCT31 3 5 rU !eawr(1i{ id Nr foregoing huhument to M ., f ir..... 1° _ so h Fatah me:.:... .... r �a� Y^'Fl •'f�� - !votary afar Ongen .....� ^ a•• '� :S' �(3 •. ,{� , it'! - MY com A erpim. Q1 k +.f .e,a.+,., .a..w M e.M nJ. Gqn. %!, owe.. L..+ 1%1, .....d N fw rw Il..r.l aa..r � ,p• dt ?WARRANTY DEE aTTAtte of opmoN cc ° ihIQE not wafFfhV- a. i ana To �' S ,�h1_Detrict. 123J w gard� tiaalting�Eon +�cun rea xar,w + Nov r nr .pNn IMhuwenT of �Ze11�.-_+_ -..-..-............_.........- LaMMgY.. ' W..IY'rd Pia raLbntet bl bbk F� tlM anleM tto. _ , arm" aacma mryv N vo a! pb ( ,� AADMOM i DtST1Wf wn^ "" 'nv Flood and oast fiMrat i� �0p� �tgyt�. Grranw al,. . L Anomn At tit im t w. aqua tt. -►. a lot hoot 413 ID 02 AK'61 EnoK 746 nut 's Exhibit E Zoning Map ;� • _. :.....L ' 1_.1i_.l_L!. __ � I� r �_ �1 ��, " Poi � y _ x c' R-1 2 . paq 3 R -12 ,.L, f _ ,_.. _ - r _ .,. ' (HD) \ { l _ XI • a ~ t Cu Mary Woodwa - 'su5TEC T Elementary '3 34 . _.. I � ar i - EI T T It. - R-4 o2 * . 02 03 "- ��\`� 'x .• ..1 A ---- .-LL__ ( Fowler � Middle (( r` l._:1.. School j r . J CBD C. : G PD C T !�) r w j r �C` _ - ._.._.. -.- T _. 1_ 1_. D _ .,� R 5' 1 1 1 1 1 1 Exhibit F 1 SWCA Wetland Delineation and Natural Resource Assessment: 1 Figure 6, Wetland and Vegetative Corridors Map 1 1 1 1 1 1 1 1 t P1 7 vz 6- -f_..i Jk • wlu _ P5 1 _- t r J� Y y , � y i L ,� ti , k Pi 1U t •Tt_ F % i .. D y d C kv a e KEY TO FEATURES S � J(` Il Fowler Middle School "�+% Fowler Middle School 0 60 120 240 360 r n.� N/ NT fvU 7 - "" Stream study area boundary , J Vegetative corridors aoeie ENVIRONME CONSU Wetland Determination and Natural Taxlots Wetlands 1�1 Vegetative plots Feet Resource Assessment ' 0 Wetland and Upland plots Figure 6. Welland and Vegetative Corridors Source: WTRO 8115, 2005 v s+ 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- 00006. 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 /PDXDOCS:1908517.1 Dated this day of , 2010. Tigard - Tualatin School District 23J C 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: 1908517.1 EXHIBIT A Legal Description NEW CHERRY HILL ACRE TRACTS LOT 3 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 3 and 4 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 and the west line of Lot 4 Cherry Hill Acres Tracts and the True Point of Beginning; Thence S 88° 28' 50" E a distance of 30.26 feet; Thence N 33° 20' 21" E a distance of 215.45 feet to the easterly line of Lot 3 Cherry Hill Acre Tracts; Thence S 01 ° 28' 28" W, along the easterly line of said Lot 3 a distance of 283.95 feet to the south of said Lot 3; Thence N 88° 28' 50" W, along the south of said Lots 3 and 4, a distance of 144.00 feet to the southwest corner of Lot 4 Cherry Hill Acre Tracts; Thence N 01 ° 28' 28" E, a long the west line of said lot 4, a distance of 100.88 feet to the true point of beginning. Containing 24937 square feet or 0.57 acres. -1- 065400- 0112 /P DX DOC S :1908517.1 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- 00006. 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 /PDXDOC& 19085161 Dated this day of , 2010. Tigard - Tualatin School District 23J i 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/P DXDOC S:1908516.1 . EXHIBIT A Legal Description NEW CHERRY HILL ACRE TRACTS LOT 4 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 3 and 4 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 and the west line of Lot 4 Cherry Hill Acres Tracts and the True Point of Beginning; Thence S 88° 28' 50" E a distance of 30.26 feet; Thence N 33° 20' 21" E a distance of 215.45 feet to the easterly line of Lot 3 Cherry Hill Acre Tracts; Thence N 01* 28'28" E, along the easterly line of said Lot 3 a distance of 294.47 feet to the south right -of -way of SW Tigard Street; Thence N 88° 16' 39" W, along the said south right -of -way, a distance of 144.00 feet to the west line of Lot 4 Cherry Hill Acre Tracts; Thence S 01' 28' 28" W, along said west line, a distance of 478.06 feet to the true point of beginning. Containing 58391 square feet or 1.34 Acres. 065400 - 0112 /PDXDOCS:1908516.1 �— A 1128RA.9S DISK SrAMPED WASHINTON FOWLER SCHOOL LOT LINE ADJUSTMENT COUNTY SURVE/DR AN MONUMENT BOX HW CORNER OF J.L. HINKUN OLC LOCATED IN THE SOUTHEAST ONE — QUARTER OF SECTION 34 TOWNSHIP 1 SOUTH, RANGE 1 WEST AND THE NORTHEAST CORNER OF SECTION 3 TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON > SCALE 1" = 100' MONUMENTS SET XX —XX -2010 VD BRASS DISK IN MONUMENT BOX IPED CITY or "CARD Sow CONTROL HELD 5/8' IRON ROPE VB56 SET N SURVEY 20267 ALC 5TA6IPED ALPHA ENG INC NV MONVMENT BOX 1 SET /N G4CLDY NNEYARD 1524 M 3 TO 4 1 524.] 9 SN 20267 _ X 206. 15 C4LC AND HELD \ SW i1G4RD STREET �— N88' LEGEND O SET 5/8 ROD WITH YELLOW PLASTIC CAP INSCRIBED CITY TO TIGARD 0 MONUMENTS FOUND AS NOTED Q = MONUMENT NUMBER (_) REFERENCE USED C1 a CURVE NUMBER P1 - POINT OF INTERSECTION Li = LINE NUMBER L = LEFT YPC = YELLOW PLASTC CAP R =RIGHT SN. = SURVEY NUMBER DOC. N0. - DOCUMENT NUMBER RECEIVED 2 112' BRASS DISK AN CURB SET IN GC22 -107 ACCEPTED FOR RUNG WASHINGTON COUNTY SURVEYOR 9 2 ^ CITY OF TGARO 13125 S.w. HALL BLVD TIGARD, OREGON. 97223 503 -639 -4171 2 112' BRASS DISK IN C SET IN GC22 -106 v7 IRON PPE ANm fUw 650.61 110.84 MS 110.65 USSr 1 -JJ7 114 CORNER 34 13 _--6 114' AL DISK STAMPED WASH. CO 1952 IS 1, 2S I, J4 13 k l 14,3.95 1 I 'H.00 B594 N _ /5 o� 14 N48' 20' 02 "W s - 2.86 'C9• p; CHE RRY HILL ACRE "wn HELD 518' ROD sr"P SET IN Y VINEYARD 7 W i6 6 1 5 f I qA I 2 12 / NEW � 6 NEWI LOF ACRES 9: 3 Z J 1.58 ACRES V I I MILTiL[Y AOD/TIpN o,G4LL0Y HNEYARD J NEW 1 LOT 1 _ 2 1.47 ACRES b Try I 4 ID ELD s/ 'IRON RaD '� d SET SrTO Al PIM ENG INC ti ; III SET /N (ALLOY NNEYARD 5 9 5 852 50" E 4411 B NEW LOT 3 � 5 / 26 NEW Cor 5 0.57 ACRES ( 14540 50 � I , 7 NW' 29' 59'7 231.20 MS PLAT 231.15 144.13 144.00 I44.00 221.10 N 88 SO' W 432.13 11.'111 ION ARC STAMPED ALPHA ENG INC SET IN GALLO'S NEYARO 501' 28 28 'W ElD 5/8' IRON ROD SET IN SN 14360 399.95 22 BOOK 746 PAGE 667 HELD 518' IRO S 88' 28' 50' E Ya CAP DESTROYED 553.24 SET AN MATREY'S AOOMONO S II 1 3 BOOK 737 PAGE 632 d { i 21 '2 g SEE OCNAL 79' N IJ 65574 PLAT HELD 88' 28' S0 "E I. 244.26 1501.30 A 245.29 246.22 I 2 9 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY I8, 1980 JOHN R. HADLEY 894 EXPIRES 6 -JO -2011