LLA2010-00010CITY OF TIGARD 11/24/2010
2:21:20PM
13125 SW Hall Blvd.
Tigard, OR 97223 (503) 639 -4171
Conditions Associated With Case #: LLA2010 -00010
Project Name: Tigard - Tualatin School District #23J
# DESCRIPTION STATUS STATUS DATE SEVERITY APPLIED BY
ACTION BY
LLA SURVEY MAP NEEDS PLANNING APPROVAL Met 11/24/10 Cheryl Gaines
Cheryl Gaines
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.
ACCESS EASEMENT TO TRACT 4 Continuing 11/24/10 Cheryl Gaines
Cheryl Gaines
02. An easement ensuring access rights shall be recorded to provide access to Tract 4 if consolidation of the adjusted tracts does not occur.
RECORD WITHIN 18 MONTHS Not Met 8/20/10 Cheryl Gaines
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 SCREENING IFM/HEN CONSTRUCTED Continuing 11/24/10 Cheryl Gaines
Cheryl Gaines
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.
s
Page 1 of 1
�i
AFFIDAVIT OF MAILING
I, Patricia L. Lunsford, being first dulysworn/affirm, 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:
( G AW m B-(s) M-1
x❑ NOTICE OF DECISION FOR:
LLA2010- 00010 /TIGARD- TUALATIN SCHOOL DISTRICT # 23J LOT LINE ADJUSTMENT
(File No. /Name Reference)
❑ AMENDEDNQTICE
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit "A ", 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.
(Perso reps d Notice
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the day of P Te , 2010.
OFFICIAL SEAL
SHIRLEY L TREAT
NOTARY PUBLIC - OREGON
COMMISSION NO. 416M N OTARY PUMC OF OREGON
MY COMbMS81ON EXPIRES APRIL 25, 2011
My Commission Expires: 5/
EXHIBIT L
NOTICE OF TYPE I DECISION
LOT LINE ADJUSTMENT (LLA) 2010 -00010 I:.
TIGARD- TUALATIN SCHOOL DISTRICT (TTSD)
(Proposed Tracts 3 and 4)
120 DAYS = 1012712010
SECTION I. APPLICATION SUMMARY
FILE NAME: TTSD LLA (Proposed Tracts 3 & 41
CASE NO.: Lot Line Adjustment (LLA) LLA2010 -00010
PROPOSAL: The applicant is requesting Lot Line Adjustment approval to adjust one (1)
property line which will reconfigure two (2) separate parcels.
Tract 3 of 254,159 square feet will become 349,819 square feet.
Tract 4 of 253,574 square feet will become 157,914 square feet.
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 Street
Tigard, OR 97223
LOCATION: SW No Address; WCTM 2S 103AB, Tax Lot 100.
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 -00010 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT
PROPOSED LOTS 3 & 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. An easement ensuring access rights shall be recorded to provide access to Tract 4 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 reconf igunng 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 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 onlyneeds to be recorded if the consolidation does not occur.
This proposed adjustment is the sixth in the series. An adjustment is proposed between Tract 3 and Tract
4. These two deeded lots make up the tax parcel WCTM 2S103AB Tax Lot 100. Tract 3 will be enlarged
from 254,159 square feet to 349,819 square feet. Tract 4 will be reduced from 253,574 square feet to
157,914 square feet. The sites are developed with a portion of Fowler Middle School, including some
buildings, tennis courts, a ball field, and a parking lot. The new boundary line will shift to the north side of
the sites, away from the developed portion of the site and generally correspond with the centerline of
Summer Creek.
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 bull ' gs. The
other is a pedestrian/bike path easement, part of the Fanno Creek Trail, which runs generally noo - -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 -00010 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTIv1ENT
PROPOSED LOTS 3 & 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 minimum zone has a mmum lot size of 7,50000
square feet. In any event, the lots will be 349,819 and 157,914 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 Tract 3 is developed with a portion of Fowler Middle School
and Tract 4 is vacant. Specific setbacks were not called out on the plan or within the narrative.
Utilizing the preliminary plot plan and City aerial photographs, Staff has determined that setbacks are
not an issue since the proposed boundary line will be some 300 feet or more from any existing
structures. This criterion is met.
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 minim lot width requirement for the R-4.5 zone is 50 feet. Both lots
are large and will be approximately 489 feet wide according to the preliminary plot plan provided by the
applicant. Tract 3 will will have approximately 489 feet of frontage on SW Walnut Street. Tract 4 not
Tract
a public right -of -way, therefore a 15 -foot access easement to the Gallo Avenue right -of -way is
proposed. Setback requirements will be met as previously discussed. No new structures are proposed
with this application. The resulting parcels will conform to the dimensional standards of the R-4.5
zoning district.
CONDITIONS:
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.
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
NOTICE OF TYPE I DECISION PAGE 3 OF 5
LLA2cio -000lo - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT
PROPOSED LOTS 3 & 4
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.
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 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 4 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 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 3 will have direct
access onto SW Walnut Street a public street. Tract 4 will Be accessed via a proposed private easement
across lot 21 of the Cherry I mill Acre Tracts. That tract connects to SW Gallo Avenue, a public right -
of-way. This standard is not applicable.
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 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 adjustment is not considered a development action for purposes of determining
whether floodplain, 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 -00010 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT
PROPOSED LOTS 3 &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.
Qu estions:
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.
Q . cw...`.� August 19, 2010
APPROVED BY: Cheryl Caines DATE
Associate Planner
NOTICE OF TYPE I DECISION PAGE 5 OF 5
LLA2010 -00010 - TIGARD TUALATIN SCHOOL DISTRICT LOT LINE ADJUSTMENT
PROPOSED LOTS 3 & 4
Q 22 N �` APPLICANT'S AGENT g ;
15115 WESTLAKE CONSULTANTS, INC.
15' ACCESS R � � 15115 SW SEQUOIA PKWY, SUITE 150 W k
EASEMENT FOR N (1 TIGARD, OREGON 97224
-cc 01 PROP TRACT OSED C C R lC N.P PHONE: (503) 684 -0652
TRACT 4 P 2� FAX: (503) 624 -0157 (~ • a
1 2 CONTACT: LEE LEIGHTON, AICP Uj
S89'59'30 490.29' W �+
244.40 245.89 V •�
GRAPHIC SCALE
200 0 100 200 400 TRACT PARCEL 3 / TRACT 3 -_
4 1
157,914SF OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD)
( IN FEET) 3.83 CREEK 6960 SW SANDBURG STREET
Ac. TIGARD, OREGON 97223
1 IN = 20OFT I .� PHONE: (503)431 -0000 <,p
CHARACTERIZATION OF SUMMER CREEK
LINE TABLE ��� 1.6 N PROPERTY ADDRESS /LOCATION(S): PARCEL 3
LINE BEARING LENGTH 5J CASE 33 -062
O I N
Lt N70'23'50 "E 104.41' / l o o TAX MAP 8 TAX LOT(S) A PORTION OF m N w
L2 N15'46'17 "E 81.24' .] I n MAP 2S 1 3AB TAX LOT 100 Z O
L3 N42'45'01 "E 55.62' LY n
L4 N7610'59 - E 93.42' I� PARCEL 8 SITE SIZE: W J
L5 N83'18'12 "E 34.76' PARCEL 4 1 PARCEL 3
3 254,159 SF 3 ORIGINAL: 254,159 SF, 5.83 Ac. 3
253,574 SF z
L6 N59'02'07 "E 27.71' 1= o Z U
3 5.82 Ac. N 5.83 Ac. 10 PROPOSED: 349,819 SF, 8.03 Ac.
W J O
L7 N41't 6'S9 "E 57.14' 0 1 '" W U
LB N63'49'57 "E 42.71' 10 m z V i L9 S59'14'56 "E 70.71' a o * o f— d 0
L70 N66'29'38 "E 43.37 i I_ Z PARCEL 4 / TRACT 4 cn N 0
~ z
TRACT
OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD) O x
3 6960 SW SANDBURG STREET LL M7 N
LEGEND 349,819 TIGARD, OREGON 97223 Q w 3
5F PHONE: (503) 431 -4000 w 1n N
SUBJECT PROPERTIES AD. PROPERTY ADDRESS /LOCATION(S): PARCEL 4 z
- — — — - EXISTING BOUNDARY 1 DEED BOOK 868 PAGE 975 w F
PROPOSED BOUNDARY I ° TAX MAP 8 TAX LOT(S) A PORTION OF I— z
1 MAP 2S 1 3AB TAX LOT 100 0 r
244.38' 245.75' w LL
N89'0 04 E 490 .13 _ SITE SIZE: O
SW WALNUT STREET ORIGINAL: 253,574 SF, 5.82 Ac.
PROPOSED: 157,914SF, 3.63 Ac. 0.
SITE /PLOT PLAN & PRELIMINARY MAP
``° GE TIGARD SCALE: 1" =200' DATE 17JUN10
ApprolJe: - - - -- ------------- - - - " -- OKAMN BY MPC
)nditionally Approv..d ................... X CHECKED BY LDL
)r oniv the work as described in: REVISON5
P': No. LL-A o'20 10 – 000 1 o SHEET
S :e et-v to: Follow----------------- - - - - -- [ 1 o
Al :ch - - - - - - -[ J JOB NO.
2175 -01(B)
:. .
^-Ax, Date: o—
VICINITY MAP
J
LLA2010 -00005
I
t LLA2010 -00007
t LLA2010 -00008
LLA2010 -00009
LLA2010 -00010
LLA2010 -00011
ti
-� _ r i j` >� I TIGARD - TUALATIN SCHOOL
DISTRICT LOT LINE
ADJUSTMENTS
Subject Site
KATI
S
'
r -� �v
I - ``., ,. 1 Information on this map is for general location
_ / J��
� f/ only and should be verified with the Development
Services Division.
-�
Scale 1:6,000 - 1 in = 667 tt
r i ti
—f f � Map panted at 01:06 NM on 19- Aug -10
4 . t
DATA IS DERIVED FROM MULTIPLE SOURCES THE CRY OF TIGARD
1- MAKES NO WARRANTY. REPRESENTATION OR GUARANTEE AS TO THE
CONTENT, 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.
Ig
Clty of I
13125 SW Hall Blvd
Feet �_�� ` \ ''ti.- T��� Tigard, OR 97223
!_L - -" �,�' J l r � _ nl 503 639 -4171
Goo
_ 1 � l ��. � 1 . 5 •. ` / � �'!,{ � ` Yf www.tigardor.gov �
J � 4
Trust for Public Lands LLA2010- 0001.
Bob Betcone, Counsel TIGARD- TUALATIN SCHOOL DISTRICT # 23J
806 SW Broadway, Suite 300 LOT LINE ADJUSTMENT
Portland, OR 97213
Westlake Consultants, Inc. EX I B IT,6-
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
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
2S103AAOO101
TIGARD - TUALATIN SCHOOL
DISTRICT #23J
6960 SW SANDBURG ST
TIGARD, OR 97223
M
MEMORANDUM
TO: Cheryl Caines
Associate Planner
FROM: Gus Duenas �!d
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
Trust for Public Lands
Tigard - Tualatin School District
' Lot Line Adjustment Application
June 28, 2010
1
1 RECEIVED
JUN 2 9 2010
' CITY OF TIGARD
PLAN WGFENGINEERING
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
1
Table of Contents
1
' Final Configuration Map
Lot Line Adjustment Applications:
' Lot Line Adjustment Application # Tab #
Lot Line 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
LotLine Adjustment 1. 7 ................................................ ..............................7
1
1
FINAL TRACT "A" - $
GRAPHIC SCALE FOWLER MIDDLE SCHOOL
500 0 250 500 1000 J O
INCLUDES: PROPOSED TRACT 3 ■
PROPOSED TRACT 8,
24.40 Acres EXISTING PARCEL 10 E-9 �S
1 ( IN— FE500FT EXISTING PARCEL 11 W 1
TRACT "D" Sw n cARD STRU TRACT "C" FINAL TRACT "B" -
OPEN SPACE
TRACT i
INCLUDES: PROPOSED TRACT 1.2
i PROPOSED TRACT 1.4 LLJ
43.83 Acres PROPOSED TRACT 1.6 F—
w PROPOSED TRACT 2
oQw PROPOSEDTRACT4 O z
PROPOSED TRACT 7 � (n c
PROPOSED TRACT 9 O L3 w
/ TRACT C.H.A.T. LOT 21 O Z p
" ti C.H.A.T. LOT 22 J
FINAL TRACT "C" - >< 3 z
o
- ; POTENTIAL DEVELOPMENT w m Vi z
1 E— O
INCLUDES: PROPOSED TRACT 6 Z
i' Lu r z
f .
1 1.09 Acres 0 "j N
-A; C!1 v
� V ' FINAL TRACT " _
POTENTIAL DEVELOPMENT Lu
W H
SW WALNUT STREET INCLUDES: PROPOSED TRACT 5 z O
- O
0.80 Acres [Y
Lu U
ri
CD
FINAL CONFIGURATION MAP FINAL TRACT "E" - POTENTIAL DEVELOPMENT
SCALE: 1" =500' DATE 17JUN10
INCLUDES: PROPOSED TRACT 1.1 DRAW BY
PROPOSED TRACT 1.3 MPC
3.36 Acres PROPOSED TRACT 1.5 CHECKED BY LDL
REASONS
SHEET
JOB N0.
2175 -01(B)
Westlake ,
' consultants, inc I
Trust for Public Lands
Tigard- Tualatin School District
■ Lot Line Adjustment Application 1.6
1
June 28, 2010
Pacific Corporate Center 15115 sw sequoia parkway,
' suite 150, tigard, oregor 97224
www.westlakeconsultants.com I PH 503.684.0652 1 Fx 503.624.0157
Trust for Public Lands
1
Tigard- Tualatin School District
Lot Line Adjustment Application 1.6
' Prepared for:
Trust for Public Lands
Contact: Bob Betcone, Counsel
806 SW Broadway, Suite 300
Portland, OR 97213
Phone: (971) 224 -4106
' 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
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
i
1
i 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 1.6 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
1
' 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: Case 33 -062 ( "Parcel 3 ")
A portion of Tax Lot 100, Tax Map 2S 1 3AB
Deed Book 868 Page 975 ( "Parcel 7 ")
A portion of Tax Lot 100, Tax Map 2S 1 3AB
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: "Parcel 3 ": Existing 254,159 SF, Proposed 349,819 SF
"Parcel 4 ": Existing 253,574 SF, Proposed 157,914 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(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.betconeAtpl.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/ 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 #1.6)
' This lot line adjustment is to realign the common boundary that runs north -south between the
subject parcels to form a new boundary line generally corresponding to the centerline of Summer
Creek. The resulting northerly parcel has been labeled "Tract 4" and the southerly parcel "Tract
' 3" on the accompanying plan drawing. (See Exhibit C - "Property Line Adjustment Exhibit
1.6 ") The northerly Tract 4 is vacant. Tract 3 is part of the Fowler Middle School campus.
Tract 3 will contain 349,819 square feet (8.03 acres) consisting primarily of uplands on which
Fowler Middle School is situated (together with other parcels to the immediate east). Tract 3 has
frontage on SW Walnut street at the south.
' Tract 4 will contain 157,914 square feet (3.63 acres) of wetland/vegetated corridor areas suitable
for open space conservation. Although it will not have frontage on a public street, access can be
' achieved by way of a 15 foot wide access easement within the neighboring property to the north,
Cherry Hill Acre Tracts Lot 21, extending west from the northwest corner of Tract 4 to reach the
SW Gallo Avenue public right -of -way. 1
' Both proposed parcels (Tract 3 and Tract 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.
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 4 as well as CHAT Lot 21, eliminating the need for the proposed access
easement. In the unlikely event a different conveyance were to occur, such that Tract 4 and CHAT Lot 21 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 pedestrianibike path easement, part of the Fanno Creek
Trail, which runs generally north -south near the eastern side of the FMS property. 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 in the southwestern part of the TTSD/FMS
site. SW Walnut Street forms the southern boundary of both lots. The remainder of the Fowler
' Middle School campus is located to the east of the subject properties, and there is existing
residential development to the west.
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
' 18.410.020 APPROVAL 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.
' 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
' 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 REQuwmENTs
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:
1. 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 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 3 is currently developed and in use as a
P P Y p
' portion of the Fowler Middle School campus. Proposed Tract 4 contains over twenty -one 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 4 and this provision will not be applicable.
' b. The lot area shall be as required by PP g 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 3 has frontage on SW Walnut Street. Proposed Tract 4 can obtain
' access to SW Gallo Avenue by way of a 15 -foot access easement to be created through the
southwestern part of Lot 21, 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. Tract 3 is already developed and in use as
part of the Fowler Middle School campus. Proposed Tract 7 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.
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
1
' 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 4 is proposed by way of an access easement through
part of Lot 21, Cherry Hill Acre Tracts. 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 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 joodplain, 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 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.
' 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 Tract 4 as well as CHAT Lot 21, eliminating the need for the proposed access
easement. In the unlikely event a different conveyance were to occur, such that Tract 4 and CHAT Lot 21 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
Exhibit A
'
City f Tigard — Lot Line Adjustment Application
Y g J PP
1
1
1
LOT LINE ADJUSTMENT 1.6
_ u TYPE I APPLICATION
City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR 97223
Phone: 503.639.4171 Fax: 503.598.1960 E f 1 E'V ED
GENERAL INFORMATION JU 2 9 2010
PARCEL 1 CITY OF TIGARD
- - - -� --------------
Property Address /Location( s ) : Parcel 3, Case 33 -062 PLANKIM-1ENC EERING
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): A portion of Map 2S 1 3AB. Tax Lot 100
Site Size: 254,1,59 sf.
Case No. (s): A - 0 0010
):
Property Owner /Deed Holder(s) *: (Attach list if more than one) Other Case No.(s s ��
Address: School District #23 igar 6960 SW Sandburg Street Receipt No.:
-
City/State: Tigard Oregon Zip: 97223 Application Accepted By: 5 • Tt2b
Primary Contact: Rob Saxton
Date: �f y
Phone: (503) 431 -4000 Fax: (503) 431 -4047
-------------------- ------- , Date Determined Complete:
PARCEL 2
'--------------------- - - - - -= Rev. 7/1/09
Property Address /Location(s): Parcel 4, Deed Book 868m Page 975 is \curpin\ masters \land use applications \lot line adjustment app.doc
Tax Map & Tax Lot #(s): A portion of Map 2S 1 3AB Tax Lot 100
Site Size: 253.574 sf.
Property Owner /Deed Holder( *: (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS
Address: School District #23) (Tigard)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'/2" x 11 ")
Phone: (503) 684 -0652 Fax: (50 3) 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 254.159 sf. and 253.574 sf.
(number) (acreage or square footage)
into Two (2) parcels of 349 -819 sf. and 157,914 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 C U CA day of V G�/K�- 1 20 ( V
4J, 1--e�
Applicant /Authorized Agent's Signature Owner's Signature
Owner's Signature Owner's Signature
CITY OF TIGARD RECEIPT
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
Receipt Number: 178498 - 06/29/2010
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
LLA2010 -00010 50% Joint Application Fee 1003100 -43116 $209.50
LLA2010 -00010 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
Total Payments: $241.00
Balance Due: $0.00
Page 1 of 1
Exhibit B
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i Exhibit C
1 Lot Line Adjustment Site /Plot Plan
' & Preliminary Map
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a 22 N s APPLICANT'S AGENT $
KE CONSULTANTS, INC.
toA o
� 15115 S 15' ACCESS R -� R 15115 SW SEQUOIA PKWY, SUITE 150
Q EASEME G N R N P� 1 TIGARD, (5 3) 684 -0652 4 x • o
PROPOSED P G lG TRACT FAX: (503) 624 -0157 • a
3 TRACT 4 21 2 CONTACT: LEE LEIGHTON, AICP
S89U'30 "E 490.29' gg
244.40' 245.89' W 9
GRAPHIC SCALE ��
200 0 100 200 400 TRACT ;, PARCEL 3 / TRACT 3 —
4 -
� 6
157914SF :2 OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD)
3.63 CREEK a 6960 SW SANDBURG STREET
( IN FEET) Ki Ac. TIGARD, OREGON 97223
1 IN = 20OFT -"�p Lis PHONE: (503) 431 -4000 C.fl
CHARACTERIZATION OF SUMMER CREEK ;
LINE TABLE PROPERTY ADDRESS /LOCATION(S): PARCEL 3
n Z ��
LINE BEARING LENGTH 0 r CASE 33 -062 Z
L7 N70'23'50 "E 104.41' J a o TAX MAP & TAX LOT(S) A PORTION OF m N O
C) LLJ
L2 N15'46'17 'E 81.24' J O MAP 2S 1 3AB TAX LOT 100 -T-
Z o
L3 N42'45'01 "E 55.62' X Q 3
L4 N76'10'59 'E 93.42' PARCEL 8 SITE SIZE: W J
L5 N83'18'12 "E sa.7s' PARCEL 4 1 PARCEL 3 ORIGINAL: 254,159 SF, 5.83 Ac. I--- 3
L6 N59'02'07 "E 27.71 253,574 SF I 254,159 SF 3 PROPOSED: 349,819 SF, 8.03 Ac. z U
3 5.82 Ac. 0 5.83 Ac. 6 Lj
L7 N41'16'59 "E 57.14' o j m w 0
L8 N63'49'57 "E 42.71' I o a Z
L9 859'14'56 "E 70.71' a 0 * 00 N DL O
L10 N88'29'38 "E 43.37' o �Z F = PARCEL 4 / TRACT 4 r� N
Z H z
TRACT OWNER/APPLICANT: SCHOOL DISTRICT #23J (TIGARD) O =
N 3 6960 SW SANDBURG STREET LL a
LEGEND 34 3 19 PHONE: 3)43314000 w w N o
8.03 O AG PROPERTY ADDRESS /LOCATION(S): PARCEL 4 J
SUBJECT PROPERTIES
- - - - - EXISTING BOUNDARY DEED BOOK 868 PAGE 975 r w F
o TAX MAP & TAX LOT(S) A PORTION OF 1 Z 0
— — — PROPOSED BOUNDARY MAP 2S 1 3AB TAX LOT 100 O r
244.38' 245.75' w LL F-
N 89 0 904 E 490 .13 _ SITE SIZE: 0 v
SW WALNUT STREET �- ORIGINAL: 253,574 SF, 5.82 Ac.
PROPOSED: 157,914SF, 3.63 Ac. �
SITE /PLOT PLAN & PRELIMINARY MAP
SCALE: 1" =200' DATE 17JUN10
DRAWN BY MPC
CHECKED BY LDL
REVISIONS
SHEET
1OF 1 0
JOB N0.
2175 -01 (B)
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Exhibit D
Title Information
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' I IN THE CIRCUI'! ".�s.
CgURT OF THE -STATE OF OREGON
2 a
FOR THE COUNTY OF WASHINGTON
3 sc!loot. L)ISTI 231 Urego ^ngtcn
4 throu�as Counties and }
through its Board of Directors, S of 1`OMAIIE L, FISH : consisting
R LS RMAfJ, GERD V N' FRED a,,l IAS ORI
, N
BAWLS, 0 HAOEN and I }
b '
7 } Ho. 33-06
Plaintiff,
g _V3_ COMPLAINT - Action at Lair
NARY VAN OSDAL and JOttN ( CondeMnation}
9 JAlJl: UOE CtiRISTINSr ;N and
CH RISTENSIN,
10 ) ;'
II Defendants,
I?
alntiff for cause of
I3 action alle$e �.
I4 1 o r
`'hat Plaintiff
IS is now and
waL a schoo at all times h e nre'ft ��
1 district dui *'.
Y Organized as such under the
I6 State or Oregon; .
17 1aN$ of th
e
chat Tommie L,
I8 Fisher Fred
von fta a Matthias O
19 j7 en and Leiter Rawls are each a Orin Zi mmerm an � Gerd
and together director
const of Plaintiff
itute the dull, elected, District
Of lrectors of said U qualified and actin
21 istrict. b Board
` 22 II
That Plaintiff has
23 Power and authorit
Y by the general
24 o ezPrclse the ri laws
or the State of Oregon t
a PProPriate real ght of eminent domain to
Et 25 Property and interest there
iq Poses in for public u
� Pursuant Lo � use for
school site Pur
Statutes to 332.182
: - •z27 In accordance with '
ir the Le Oregon Revised
!c (Chapter General Condemnation
S f ,, 1 1 28 3 ' , ')reF�on Revised stntutee Procedure pct
') of Oregon.
` i~29 ITT
C; 30 Yhat Prior to commencement or thls nec
32 a
resolution declared the ction, Plaintiff by
• essit
32 acqulvlten and the Public use Y of the hereinafter described
to he made thereof for school site
Page 2 - ComPlaSnt
• , =.fir
r�
I purposes in connection with the constructlon of
Junior highschool
2 facilitien. The acquisition and use consists of; Title in tee
3 simple to the following described real r .
property for school site
4 purposes:
S Beginning at a point south 89 0 52' East 928.3
feet from a stone at the Northwest corner of the r
6 South one -half of the J.L. Hickman Donation Land r�
Claim in Section 34, Township 1 South, Range 1 West.
7 of the Willamette meridian, Washington County, Oregon; J`
said point being on the North line of the South one-
8 half of said claim, and being the Northeast corner
of that tract described in deed to Leonard L. Payne, rx'~
9 et al, recorded September 19, 1950 in Deed Book
10 435, page 5 thence along said claim line, South
f
8 9 ° 52' East 245.0 feet to the Northwest'corner of
that tract described in deed to Merle W. Schroeder
11 et ux, recorded June 23, 15 in Deed Book 406 p
58; thence South 0 °40' East 1063.4 feet to the ce nter -
12 line of County Road No. 494; thence South 89 West
t alon 13 Southeast corner e
ofsaid thence , North
.14
G ° 40' West 1067.3 feet to the point of beginning. 4 '
is IV
16 That plaintiff seeks fee Simple title thereto subject
only to the rights of the public in any portion within the boundaries
17
of roads or highways and easement granted to J.A. Paterson by in-
18
19 :
strument recorded October 7, 1964, in Book 525 page 504, Washington
20 County Records.
V i
21
22
That defendant, Mary Van Osdal, is the record owner of the
foregoing; described real premises 1n Washington County, Oregon, and
23 .•
44 defendants John Christensen and Jane Doe Christensen claim some t
25 right, title and interest in and to said premises as tenants of the
<.$2 owner or otherwise and they are in possession thereof.
t't °-
{�. 27 VI
P EI . That heretofore plaintiff has endeavored to acquire fee
` simple title to the said premises by negotiation and has attempted
2
30
to agree with the owner with respect to the compensation to be paid
31 therefor and damaf-ea, if any, for the taking, thereof; that plaintiff
32 alleges that plaintiff is unable to agree with the owner with res ect
Pap 2 - Complaint +'
..✓ iAh..yi7td'�S� yy y�.� lq . .
jl
I to 'the reasonable value institutes to be '
Paid for said premises and therefore .r
this action to acquire same.
'sy
3
v I I
4 That the true value of the •?
lands being appropriated 5 B Pprapriated bq plain-
tiff, and the damages, if an
Y, resulting from appropriation the
- 6 is the sum of $18,600.00. reof
7 , �• 4
WIIEREFORE, plaintiff
prays that an assessment be made by a
9 Jury empaneled to determine
10 J :;tea
10 Just compensation to be
the defendants for fee simple aid to
Ple title thereto, free and clear of any
11 encumbrances other than those set forth in
12 that Paragraph IV hereof and -
upon Payment Into the Court of such uch compensation assessed by
the Jury, a Judgment and decree be entered a
14 AAropriating to the plain-
tiff the hereinabove described premises.
IS
u.
16
17 ANDERSON 6 DITTKU
I8
�.. 1 a
20 C Attorneys or la t f
21
?a
?3
/ 2
• 25
•�
: 27
�a 28
_ ~ 29
P 30
31 �ti;
32
' . ... pie 3
f
1 f x.
Subject only to the rights of the public in any
I portion within the boundariea of roads or highways,
and easement granted to J. A. Paterson by instrument
recorded October 7, 1964, in Book 525, Page 504, s
3 War;hingto:. County, Oregon, Records.
4 3• Plaintiff School District tendered to defendants
prior
$ to the institution of this proceeding the sum of $22,500,00, as and
6' for dust compensation, and said sum being leas than the Jury award,
7 defendants' allowance for attorney's fees are hereby fixed by the
8 Court in accordance with Section 35 .345 OAS in the sum of $
9 and defendants' reasonable expenses pursuant to Section 35.335.ORS 'a•
10 are allowed in the eum of $
and costa are taxed herein in
11 the sum of ; and defendants do have and recover Judgment
' 12 again plaintiff School District for said expenses Co r
ata and dia-
13 bursementa, totaling the sum of 3
14
I5
16
17 �"`
Dated at Hillsboro, Oregon this y Y day of March, 1973.
18
20
w, �
22
23
c
24
25
?•_ 26
27
f
128
f 29
30 ^�
32
{ PaV 3 - Final Judgment
•' I
2 11 V 5% ��ri
1 rFt
"We the • y _ !� �� . t
Jury, being first du i aneUd'..
ly mD sae? e1fQi'1f , ,,
to try the above entitled cause,, find that :the .f=usts
2 compenaation to be awarded to the defendanti`.is,th'ee, { �
of $25,000.00. +
"Dated this ..,
4 6th day of March, 1973. i - ,'` : "�.
/ Allah C.
S Pinks' ��s � , . , �;,,� •.� «+
FO
Based upon said verdict IT IS HERESY ORDERSD,`ADJiyDGHD' ¢;r '
$ DECREED by this Court:
9 1. That the lands hereinafter �deaeribelbbe ;`and.
10 . >Q!
are, hereby appropriated and acquired by plaintiff Sehcoi%;Dl
11 for n • r
public purposes and that title to said acquisition be;'ane thy
1 2 same is, hereby vested in fee simple in SCHOOL DISTRICT *
1 13 INOTON AND CLACKAMAS COUNTIES, OREGON A free
464 -
learwbt 'al ueas `
14 and encumbrances, except as hereinai'CQrYset'torth'
•QOttditione3. ry t
1S plaintiff School District
paying into, the court the
18 assessed by the fury, less the deposit of =18 600.0 ,.'.t
0 hereLorore paid' =±
.,.
17 to the Court on August 16 � 1972 f '! ' .._
8 b plaintiff School lZiatric a..�M
18 net of $6,400.00, plus interest thereon at >rhe rate of.,6:
i� �` I.•.
rt. 19 from August 16 19 �"'
until paid. Said lands so appropriatea'�ars��f?�, ~'
20 described as follows: I � %
9 .
Beginning at a point South 8 9 °52' Bast 928:3>fee��WE
from a atone +..
22 at the Northwest earner of the South
'cfne
half of the J.L. Hicklin Donation Land- Claim.in:dect
3$, Township 1 South, Range 1 West of the 1f111emetLad'�;�`' =•: '
23 Meridian, Washington County, Oregon; - eald.poinQbe ° k .. • `:''»
24 on the North line of the South one -half of aaid;elaiat' ;;' '•..
and being the Northeast corner of that tract dee'o>+i?' "' " "�`
23 in deed to Leonard L. Payne, at al recorded Set +•;�'
19, 1960, in .Eked book 435,Pa 5�3;..thence aloe
go
claim line South 89e52 East 245.0 feet to thi�tib ate•.. -.
�• ± 26 corner of that 'tract described,iwdeed
1 a Schroeder, at u:, recorded June - 23; 1958 in`�DN`Book�
z • 27 406, Page 58; thence South 0 But 101 3. 4*dt1t4) tb
r
1 28 centerline of County Road No. #94;' thence ,8ontb °I4'.
West 245.0 feet along the centerline of said roddrto ts
t `
29 Southeast corner of said Payne tract thence •Noftfl'010!
j West 1067.3 feet to the poinp -of beg�ing. � , "' `tw,.x ;`;• *:
d '
2. That the lands described in paramph 1 _..
encumbered by, and plaintiff School Distitt will taloe�
,,,
i IN THE CIRCUIT COURT OF THE STATE OF OftQp�j
i ; b
FOR THE COUNTY OF WASHINGTON-
SCHOOL DISTRICT 2
3J MA$HINOTON AND .� r ._''• '
•
• •'�'r'. itV toy• ;.
4 CLACK11MA3 COV3C'1'I69, OREGON, by and ) " si k 'x'� ,.,•�`+
through ite' Board of, Directors con- ) - No ` �
S silting of TOMMIS L. FISHER, FRED ) " 33: 06 # F ?� `�,,�
MATHIAS, ORIN 2IIMRMAN, a9RD VON 't ;A�;s; .r �,
6 HAOEH and LESTER L. RAWLS, '
} FINAL JUD0N,W V
Plaintiff,
8
9 MARY VAN OSDOL and JOHN CHRISTENSEN) W7/
and JANE D03 CliRISTEN86N , • •'`. n� a .�gfi ; "=_
14
li Defendants. �t
to •s .. ��,il/ •' � J• � F r,
' 12 This matter carve on for trial befo
re the' s'
, Hoaaol'abl •dj�:,. - :'« .
.1:; 4 �.'•s •!4+' tip. i.
13 Hieber, Judge of the above entitled Court on uftd&y
14 1973; Plaintiff School District appearing by and th=,p
IS Wilkinson, its business manager, and Fred. A. Anderson; +b!'!
16 attorneys; and defendant Mary Van Oadol ap wi�acoaliji e n ' 0
17 b y and through Donald K. Robertson, of her attorneiys; -- and , ddtdn t r '�:l
18 for want of r �. i .�
an9 Pleading or appearance was entered of re-
lq 1 ':
against defendants John Christensen dud Jane Doe Ajt
iri
the parties having announced their readiness for:tri �a• ��:..
duly ewpaneled and sworn to try the only issue of the° �" ` +s";�
hurt compensation to be awarded for taking of the - here
11tih Y,;�F;
described property; and the plaintiff having' adduced pate map •�:'�f
24 +• .:
oral and documentary and the trial having continued cn'IfaroZi:Z�
�z 2S _
1973 and both parties having adduced further proofs and * �tltal ''f"•r
'
26 r
1 � continued on March 5, 14 73 and further proofs were aQdlioed : •••
27 trial continued on Rarch 6, 1973" and further proof' weir+e
28 Lj4l+oQuage.. `
by the
parties and each of them having thereafter rastse gti3••."
29 ...: ;
d sented their final arguments; and the Court having 11ia�t'itat � -
31 Jury, the deliberation at ; �
Jeri► retired for its ��
on March 6, 1973, and at approximately 8;30 p.m.' 94"d
Court its verdict reading as followst
1 - Final Judgment
L r ✓ { t,
i+;F+....k't � sv•'.R•:t;t ^�a.,. t� ' �� �T T'_
now
r� ME INSUfLa�;CE MUM
;.
KNOW ALL 14CH By THNF PMENTS, That OSCAR C. PAYNE
hereinafter Called the grantor, for the cons ern-
((, t.on fiereinart3r elated, to grantor paid by SCHOOL DISTRICT 1 23.1
(^'.iGARD) WR:,tIINGTOH COUNTY, ORFOON, hereinafter called the grantee,
ace!, hereby grant, bargain, sell and convey unto the said grantee
22nd c:•antee's hairs, successorn and aenigns, that Certain real '
s:operty, with the tenemanta, hereditaments and appurtensncea thero-
unt(. belonging or appertaining, nituated in the County of Washington
;nd State or Oregon, described nn followc, to -wit:
Beginning, at a paint South 89 °52' Fant 603,9 1'eet
frrxn a atone at the Northwest corner of the South one
half 01' the r. I.. Hickman Donation band Claim, in
Sention 34, Township 1 South, Range 1 Neat of the
Willamette Norldian, in Washington County, Oregon,
aald point being on the Worth line of the South one-
hall' of said claim; thence South 09 0 52' Fast 244.h
feet along snid North line of the South one -half of
-laid claim; thortae South VIM' real 1067.3 fact to the
A centerline of County Road No. 1194; thence South 89
West 244.4 feet Along the centerline of said road;
m thence Worth 0 °40' Wert 1071.2 feet to the point of
beginning.
SUBJECT TO the usual printers exceptions of title nolicies,
Vl rights of the public In and to that part of the herein r
cv described prerniaea lying within the boundaries of roads
1 and highway and eascmnnts, including the thrmo and pro -.
visions thereor, ];ranted to .1. A. Paterson, ct al,
recorded October 7, 1961 in Book 525, pact 504, Washington
County Records.
T 1
.o H ave ann to Hold the name unto the said grantee and grantee'" �
zeirs, suceescors and assigns forever.
And said "antor hereby covviinita to and with caid rrnntt-o
a:rd_grantee'a heirs, suecessory and assigns, that Krantot• is law-
:'.illy seized In fee simple of the above. granted premiseu, free from
all encumbranceu, except as above stated, and that grantor will
, nirrant and forever defend the above granted premisee and every onrt !
and parcel thereof against the lawful claims and demands of all
narsona whomsoever, except those claiming under the above dencribed
)ncumbranaea.
The true and actual ennIl 00 ttnn paid for thin trnnnfer,
+ stated in term:; of M�llurs is i , and to clear title.
�
In conatrulnR Chia deed and ncet'e the context so renuiraa,
the singular includes the plural. is
WITI1t:S g :: rantor' hand thin ny of May , 1972, r
Warranty Deed - ]
Ax
v. t �•ar j 4 r +' a r
n.f
i
e Y � . S „•.1' � � F?"'” i ',' ,. �1 ..,i![! :.tip L•• , ! t . i• !.� : I r . .:rStr I ` Itt
� � -. - � i • ! f ; fi
f ItMiA W 10,I.NM'AOn kUU0W.*, MA•: ti:+ tl4lj67i "�4M4p15?ij1/��•/MLYOMiys�M�
� 1
t'
8881
STATE OF ORP.00N )
) sa.
Cou"F of Washington )
Personally appeared the above namod O SCARC. PAYNE
and acknowledged the foregoing instrument
Lo be his voluntary act and deed.
Subscribed and sworn to before me this day of"' May
1 °72.
f ; ,,•: ;t!! t'v 0t y pu , c or regon
Ad
My Commission Expire$: 7 �♦ 4
MIDER�N 4 0{iTMAli
At law
W. ago 0.vaspa
•' ltptd. �'
STATE OF OUCON
'+; • �h d Wotldnpolw w r4g.4
pf
1,
rr+�d n F c ll�crkro a aftw M Gm
Mtldn ►
i : neNlN vd.!Ojjy j IA 6nk of.naolb
!„ r ;r 1 !MiMlwt:�:hend W wol•�IarM;7
r
Wsrranty Deed 2
t1 T' �. •. f''r•t V .,•.. • .�,.,;
' � ` A'�wMP!1J•"T� •+ ,� ��, •�•�. ''ti:"••:,, r +r•. b • • � i �w.t,�
• .. ; "'t'/i'*n,v ' .i..y 3,. i �rJ�ff:•r•;%,•+,p.so.� 1 x ld + +
KNOW A" MEN BY TNESa PRBSiN7d rU Ne,J L Will..gyy� . .... .. ..............
h -... . .w.. w.,................ . ............ ... ....._....,. i
.. ........ »......... .. , ..... , ,......• w.....,....«....._.... _ .................. ............................._ 1M/1lR�hf C1lliQ �raM1fOr, �.
for the twruJdsrst�n hwttrfl stated t t 8f, l qd@K sO and comey undo .....,......_.......... ,
Tl ud S e%iao l b�s a z3 ,+_
......_. _.......N _ _,.._ w .......... ...._.._......_ - .....•........ �• f .
_......,_....... ..._...... ........... ...... ....
harehrlbr hotbed grantee, aed undo grandsons twin. suawnora nand aalpu all d that osrtaln reel Property with Nw
HrtratsnN, harsdlta nsd VI"'Henanou 0010011110 b# 1011 4 11 4 or !n -4-Ime aPPafand4 dtwted fa the Ceualy "
of ......... ... ............ N _u,- ._.,2 ....._...,..., Slats of Oregon, described as loliowe, t"It:
N Tax Lot M 200 -- County Nep N 2 S1 3.AH
� % •s1p 1•Y nom a 'A t Nt -prne ;
i o i►e Sti r 9 , tone
Do ) yth
..o6ne -Half d! tie J. L.I Hickman I '.
t 9 S3 c1 Th�IRf .. r p34 ;Tos)lip, l' 8outp Rik l blast
} T18 of b i TIl�411pt otiot1 wo
'16 e i t�ijt' "Oil:Oilt 0019 �n =; Aid ypint <
{Mort$ lirte'of.'tile 9OUL6 one —half. gf said oleiali thenao
��,.1 a bE �l& 0 `2' 4 4aet ;along �sa1 lloith lino of the „Saud►
i ,one �d c 1,� a on nth14 40!=
f r }, ¢er►ter'hi+i i oft' ,; � • + r r h,a aet • i0b7.3• feet :to
� •tabs ..
d zoo 94 • h �t
� rt�la�cesi �rl! a ol 4 made tbbn Nofthl0 °40e'�lteat4 "4 '
tsf { ° 1 77,:2 ,• 0 tC the p;Od nt of beginnin l ,
., i�4vysY,�.�•r +j{.ai�t�.Y'..�•, ! h, { 1 t r .. i
Purpose of Deed to clear Title.
To Raw aref fo llold the acme unto the send grouse and grantees hairs, successon and assigns tonyer.
The hose and adual conald radon Paid for this transfer, seated in terms of dollars, is f,l &00 ......._._.,_....
!�. t � 7gfptlt�OL
In construing this deed tha slrtguler Includes the plural as the dramulancas atay requi
Witness grantor's hand fNa ,,,,..hlz.�_..day of ......... ............... _ .... _...._, 19..._7..2...
.-_ .- ._....._ ... ....... ........... .._� ........� . ... �.liL/ .....« _ _ .
STA7a or onooN, Qwad af..XLAA1i{ ik¢C9A a.
Pwwady appeared On ebm Brad
INd « fiw lorsgdng brtat umeot to he .. 1.Aa K,..... vstfuntary ad and dead.
t ilk K Pt>alllo or Oregon ..
; �� r�,} •�' , C, r •• mmmlai on expires _.... .....Sept..$ / ..,.»..........._. -'
teeeNe .use hesele ar .w�.i Q. e M ''Y
.su.►r, J.wlt �. ewe, M an.`+ �, o,e.. +... hw, . ay se elY,f Mar r... —�
as Bargain and Sale Deed T T t OR EGON
s� oa t ..
C�rf si wwhlrVrori
._... �_ .. .. ,.__
and I tugs. Oinelw ei fussed+ r Y
Efsctbu a Ea•01 y Iletwdn si Gn• x `
veris for held cmwy, ds hsrsbr cwldp
N Fen www tle nseleel and e essedsd a ttssih d +�
80hoo1 DistM et 02)3 ns sasenlae i .,•,.
110 d..._...... "In a ewe. ..�.�....-
RasT"iIn"gE'ori County ; 8regan
see was..
AFTER aec"cofto ae►VRR ►o Wlkew ant lees end asel ofitusa t
1 fillers of ,
Ra � EMA1 �i i
ANOL4lSON CM UM
M
A1101AIII Al its
p 4 W, C EIiIEA 51. • P. 0, BOX 2" PA i7
nzal
TI Ind O 17M
1 .•. .. � M 14 I � 1 rl.
TS I Lru ►SJRANCE CO
KNOW ALI, MEN BY THESE PRESENTS, That ESTAIRE CLASSY MARKER,
(formarly known as Estaire Classy) and ROBERT EARL MARKER, wife
and husband, hereinafter called the grantor, for the consideration
hereinafter stated, to grantor paid by SCHOOL DISTRICT 1233 (TIGARD)
WASHINGTON COUNTY, OREOON, hereinafter called the grantee, does
M hereby grant, bargain, sell and convey unto the said grantee and
grantee's heirs, successors and assigns, that certain real property,
with the tenements, hereditaments and appurtenances thereunto belong-
ing or appertaining, situated in the County of Washington and State
of Oregon, described as follows, to -wit:
Lot 21, CHERRY HILL ACRE TRACTS, Washington
County, Oregon
SUBJECT TO the usual printed exceptions of title
policies, easements, conaltions and restrictions
of record, and rights of the public in and to
that thehboundariesaofrroads andihighways-
To Have and to Hold the same unto the said grantee and gran-
tee's heirs, successors and assigns forever.
And said grantor hereby covenants to and with said g rante e e
and grantee's heirs, succeaeore and assigns,
fully seized in fee simple of the above granted premises, ree from 4 n
all encumbrances except as above stated, and that grantor f
will
warrant and forever defend the above granted premises and every part
and parcel thereof against the lawful claims and demands of all pur- r:
sons whomsoever, except those claiming, under the above described ?
encumbrances.
The true and actual consideration paid for this transfer,
stated in terms of dollars, is $20,000.00.
"yt y7'•(bY'
In construing this deed and where the context so requires, y2*
the singular includes the plural.
That Robert Earl Marker, husband of Estaire Clasey Marker, '.-
joins herein for the purpose of waiving any claim of dower.
WITNESS grantor's hand this VI /day of March, 1969•
r
J �
. t
STATE OF OREGON as. March �S' >`� , 1969 e
County of Washington )
Personally appeared the above named ESTAIRE CLASSY MARKER a
(formerly known as Estairs SnatrumentdtoObeRtheirLvoluntarynaet
.&Gknorlidged the foregoing
apd dead., _ :....
Qt.,tWAq,.. Before me:
Tar regan
.Z �� •
r -cps
4b ' My Commission Expires :
�yq .
page L.- Warranty Deed 131 ou�
't �• �� y � G�+
{!� 't l x3 w u J
LL
-�. .:�
1
Exhibit E
f Zoning Map
1
�,- -�--,- _ EA
_
L_ ..
l
R
n
..M
� � P C"•. _.. • i .... ' .�,� •_ _- .L.. �-� � _." _ _�,_ —_. r` �.�`� �,1 r -�`! f Fes. —° 4 ]L
1
",.•L - (� - - -- .... -�{ -,_ � � _ _ -: ( H p ) _..��
* 4 M
�7
SL
{{ f f- +
...........
!T_ "'A
Mary Woo&va r
i
__.
�7.1�1 �
t
_... Elementary �� -P '., l r I' `r�I
• t ` ( 7 1
all 34 16
_ _...
_
. R-4 ...
(PD 03 o2
<1 <
t
r
r �v'_ `. p ^^ ( I ° -`• 1 Fowler
i
��._ � °- ___ � �.__ •� 1 J��j� � Middle PL � \ r ..... .� ._
1
-, -� -._ _. ! T'_t • _�_ - x - 1 School
- � 14 , 3
f
�- T F1 f
IJ
Ap
_
-
f
i r `
_.. CBD
L I_�
1
1
!
1
1 Exhibit F
1 SWCA Wetland Delineation and Natural Resource Assessment:
! Figure 6, Wetland and Vegetative Corridors Map
1
!
i
1
i
1
1 '
!
1
1 1
P7 - L a �
0 7 1
4
<L 4 `
s L Pt k
LL • 4 I y d .`
41, y t ,� r :. PAkG.= W P12U ,
r
1 .J:.. J
rl; D B
r
C fi
-
d* SV G
to p''kt,n M
q.
KEY TO FEATURES Fowler Middle School
s (1 Fowler Middle School 0 60 120 240 360 WCA
Stream 01 study area boundary .J Vegetative corridors Moerx E— ROMME —L CONSUL —TS Wetland Determination and Natural
Taxlots - Wetlands Vegetative plots Feet Resource Assessment
0 Welland and Upland plots Figure 6. Wetland and Vegetarive Corridors
Sows: METRO RLIS, 2005
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 LLA20 10-000 10.
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:1908522.1
Dated this day of 2010.
Tigard - Tualatin School District 233
IC
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 /PDXDOC& 1908522 1
EXHIBIT A
Legal Description
ADJUSTMENT TRACT 3
A tract of land situated in the Southwest one - quarter of Section 3, Township 2 South Range 1
West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of the land
described in Book 868 page 975 and Book 868 Page 977 of the Washington County Deed
Records, described as follows:
Commencing at the a point on the north line of the south one -half of the J. L. Hinklin DLC
which is the Northwest Corner of the property described in Book 868 Page 977; Thence S 00°
42' 46" W, along the westerly line of said Book 868 Page 977, a distance of 462.18 feet to the
center line of Summer Creek and the True Point of Beginning; Thence S 00° 42' 46" W, along
said westerly line, a distance of 576.75 feet to the north right of way of SW Walnut Street;
Thence S 89° 20' 36" E, along said northerly right of way, a distance of 489.50 feet to the east
line of the property described in Book 868 Page 975 of the Washington County Deed Records;
Thence N 00° 42' 46" E, along said easterly line, a distance of 777.48 feet to the center line of
Summer Creek; Thence along the center line of Summer Creek the following 16 courses;
Thence S 42° 54' 21" W a distance of 1.83 feet; Thence S 84° 29' 48" W a distance of 29.77
feet; Thence N 78° 55' 28" W a distance of 17.36 feet; Thence N 49° 15' 57" W a distance of
50.60 feet; Thence N 84° 23' 31" W a distance of 20.88 feet; Thence S 83 ° 19' 49" W a
distance of 33.17 feet; Thence S 58' 14' 14" W a distance of 23.90 feet; Thence S 29' 06' 29"
W a distance of 4 1. 10 feet; Thence S 67° 30' 54" W a distance of 25.27 feet; Thence S 81 ° 12'
35" W a distance of 95.82 feet; Thence S 53' 22' 18" W a distance of 65.58 feet; Thence S 38°
05' 16" W a distance of 22.64 feet; Thence S 24° 34' 57 W a distance of 40.05 feet; Thence S
10° 01' 37" W a distance of 28.02 feet; Thence S 50' 59' 56" W a distance of 32.96 feet;
Thence S 82' 11' 38" W a distance of 80.61 feet to the westerly line of the property described in
Book 868 Page 977 of the Washington County Deed Records and the true point of beginning.
Containing 8.07 acres (� � �
065400- 0112/P DXDOCS:1908522.1
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 LLA201 0-000 10.
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& 1908523.1
Dated this day of 5 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: 1908523.1
EXHIBIT A
Legal Description
ADJUSTMENT TRACT 4
A tract of land situated in the Southwest one - quarter of Section 3, Township 2 South Range 1
West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of the land
described in Book 868 Page 975 and Book 868 Page 977 of the Washington County Deed
Records, described as follows:
Beginning at the a point on the north line of the south one -half of the J. L. Hinklin DLC which is
the Northwest Corner of the property described in Book 868 Page 977; Thence S 88° 28' 50" E
along said north line, a distance of 489.55to the northwest corner of the property described in
Book 868 Page 975 of the Washington County Deed Records; Thence S 00° 42' 46" W 254.08
to the center line of Summer Creek; Thence along the center line of Summer Creek the
following 16 courses; Thence S 42° 54' 21" W a distance of 1.83 feet; Thence S 84° 29' 48" W
a distance of 29.77 feet; Thence N 78° 55' 28" W a distance of 17.35 feet; Thence N 49° 15'
57" W a distance of 50.60 feet; Thence N 84° 23' 31" W a distance of 20.88 feet; Thence S 83'
19' 49" W a distance of 33.17 feet; Thence S 58° 14' 14" W a distance of 23.90 feet; Thence S
29° 06' 29" W a distance of 41.10 feet; Thence S 67° 30' 54" W a distance of 25.27 feet;
Thence S 81° 12' 35" W a distance of 95.82 feet; Thence S 53° 22' 18" W a distance of 65.58
feet; Thence S 38° 05' 16" W a distance of 22.64 feet; Thence S 24° 34' 57 W a distance of
40.05 feet; Thence S 10° 01' 37" W a distance of 28.02 feet; Thence S 50' 59' 56" W a distance
of 32.96 feet; Thence S 82° 11' 38" W a distance of 80.61 feet to the westerly line of the
property described in Book 868 Page 977 of the Washington County Deed Records; Thence N
00° 42' 46" E, along said westerly line, a distance of 462.18 feet to the point of beginning.
Containing 155265 square feet which equals 3.56 acres.
-1-
065400- 0112 /PDXDOCS:1908523.1
FOWLER SCHOOL LOT IJNE ADJUSTMENT
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
I 1 ` 21
12 R SEE DETA6. Ir
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88' 28
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OREGON
.NLY 11. 1960
JOHN HAOLEY
EXPIRES 6 -30 -2011
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SET M SN 18297
REdS —"
PROFESSIONAL
LAND SURVEYOR
OREGON
.NLY 11. 1960
JOHN HAOLEY
EXPIRES 6 -30 -2011
DOC N0. 2005 - 161572
S01' 05' 25 "W
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5 PEO IRON R00 /
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