LLA2010-00013AFFIDAVIT OF MAILING
I, Patricia L. Lunsford, being first duly sworn /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:
(check nppmpmw Box(s) Below)
❑x NOTICE OF DECISION FOR:
LLA2010- 00013 /TRIANGLE POINTE LOT LINE ADJUSTMENT
(File No. /Name Reference)
AMENDED NOTICE
® 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 November 18, 2010, and deposited in the United States Mail on November 18, 2010 postage prepaid.
11)
STATE OF OREGON
Coun of Washington SS.
City of Tigard
Subscribed and sworn/affirmed before me on the 1( day of D 6 E06CR , 2010.
63»
OFFICIAL SEAL
SHIRLEY L TREAT
NOTARY PUBLIC - OREGON
COMMISSION NO. 416M
MY COMMISSION EXPIRES APRIL 2S, 2011
higAy C;�"
NOTARY PUBLIC OF OR
My Commission Expires: 7/d- I
X\ ea
NOTICE OF TYPE I DECISION
LOT LINE ADJUSTMENT (LLA) 2010 -00013
TRIANGLE POINTE LOT LINE ADJUSTMENT
120 DAYS = 03 -17 -2011
SECTION I. APPLICATION SUMMARY
FILE NAME: TRIANGLE POINTE LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (LI-A) LLA2010 -00013
PROPOSAL: The applicant is proposing a lot line adjustment that will increase tax lot
2S101DA -00104 (Lot 2) by 9,003 sq. ft. from ODOT surplus land in the Highway
217 right -of -way.
APPLICANT: Group Mackenzie
OWNER Oregon Department of Transportation
Rhys Konrad
LOT 1: Region 1 Right of Way, Lisa Lightcap
1515 SE Water Street
123 NW Flanders
Portland, OR 97293
Portland, OR 97209 -4012
OWNER Triangle Pointe, LLC
LOT 2: Pete Snook
901 NE Glisan Street, Suite 100
Portland, OR 97232
LOCATIONS: LOT 1: ODOT Surplus Land Highway 217 adjacent to Lot 2
LOT 2: 13333 SW 68`''
Pkwy.; WCTM 2S101 DA, Tax Lot 00104
ZONING
DESIGNATION: MUE: Mixed -Use Employment. The MUE zoning district is designed to apply
to a majority of the land within the Tigard Triangle, a regional mixed -use
employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and
I -5. This zoning district permits a wide range of uses including major retail
goods and services, business /professional offices, civic uses and housing; the
latter includes multi - family housing at a maximum density of 25 units /acre,
equivalent to the R -25 zoning district. A wide range of uses, including but not
limited to community recreation facilities, religious institutions, medical centers,
schools, utilities and transit- related park- and -ride lots, are permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.520.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section IV.
LLA2010 -00013 Triangle Pointe Lot Line Adjustment Decision 111810 Page 1
CONDITIO OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
The applicant shall record the lot line adjustment with Washington County and submit a copy of
the recorded survey map to the City within fifteen days of recording.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND IN
Site Information:
Lot 2 is approximately 8.5 acres between the ends of 66" Ave. and 68" Pkwy. and the Highway 217
right -of -way. It has access from both 66`" Ave. and 68`" Pkwy. The east end of the site contains the
Triangle Pointe Office Building and its associated parking. The west end consists of developed
overflow parking. The right -of -way (ROW) boundary has a 9,003 sq. ft. triangular area into the site that
has been declared surplus land by ODOT.
Proposal Description:
The applicant is proposing a lot line adjustment that will increase tax lot 2S101DA -00104 (Lot 2) by
9,003 sq. ft. from ODOT surplus land in the Highway 217 right -of -way.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL CRITERIA: Section 18.410.040 contains the
following criteria 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;
No new lots will be created as part of this adjustment; lot 2 will be increased by 9,003 sq. ft. to make a
total area of 8.731 acres.
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;
Based on the plans submitted, no existing structures will be in violation of the required setbacks.
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.
LLA2010 -00013 Triangle Pointe Lot Line Adjustment Decision 111810 Page 2
The lot will satisfy the minim lot width or building envelope area for the MUE zone and the lot line
adjustment does not create a flag lot. Lot 2 fronts a public right -of -way and has two existing access
drives. Setbacks conform to the MUE zone.
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.
The proposed lot line adjustment does not create a new flag lot.
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.
There is no new access associated with this Lot Line Adjustment.
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.
There is no proposed common drive.
Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress,
and Circulation.
Access is pre - existing for this lot.
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.
Floodplain, greenway and right -of -way dedication is not required as part of this application
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.
The applicant has not requested a variance or adjustment.
FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been
met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
• The applicant and owners
• Affected government agencies
LLA2010 -00013 Triangle Pointe Lot Line Adjustment Decision 111810 Page 3
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 NOVEMBER 18, 2010
AND BECOMES EFFECTIVE ON NOVEMBER 19, 2010.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639 -4171.
,
APPROVED BY: Darrel " ap" Watkins
Assistant Planner
503 - 718 -2440
hap @tigard - or.gov
November 18, 2009
DATE
LLA2010 -00013 Triangle Pointe Lot Line Adjustment Decision 111810 Page 4
VICINITY MAP
LLA2010 -00013
TRIANGLE POINT LOT LINE
ADJUSTMENT
I __.
Subject Site
D
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L
Information on this map is for general location
only and should be verified with the
Development Services Division.
Approx. Scale 1'8,000 - 1 In = 6151 ft
Map printed at 01.21 PM on 18- Nov -10
DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARD
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.
City of Tigard
p 13125 SW Hall Blvd
T ICAR MAPS Tigar 639-417 223 =
www.tigard- o(.gov
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Tom°' - '
11 -2 -10 ZTEC ENGINEERS INC.
3737 S.E. 8TH AVE.. PORTLAND, OREGON 97202
JWS PH: (503) 235 -8795 FAX: (503) 233 -7889
CCF
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DEACON DEVELOPMENT
A TRACT OF LAND SITUATED IN THE SOUTHEAST ONE - QUARTER Of SECTION 1, .uiY 17 ipe�
TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN CHRIS FISCHBORN
TAD' IN THE CITY OF TIGARD. WASHINGTON COUNTY, OREGON lsaa PROPERTY LINE ADJUSTMENT
I'm__ O RENEWAL DATE: 1/1/2012
0
p- 067707
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R - 1035.92
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CH - N 4644'34' W
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11 -2 -10 ZTEC ENGINEERS INC.
3737 S.E. 8TH AVE.. PORTLAND, OREGON 97202
JWS PH: (503) 235 -8795 FAX: (503) 233 -7889
CCF
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DEACON DEVELOPMENT
A TRACT OF LAND SITUATED IN THE SOUTHEAST ONE - QUARTER Of SECTION 1, .uiY 17 ipe�
TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN CHRIS FISCHBORN
TAD' IN THE CITY OF TIGARD. WASHINGTON COUNTY, OREGON lsaa PROPERTY LINE ADJUSTMENT
I'm__ O RENEWAL DATE: 1/1/2012
Rhys Konrad
Group Mackenzie
1515 SE Water Street
Portland, OR 97293
Oregon Department of Transportation
Region 1 Right of Way, Lisa Lightcap
123 NW Flanders
Portland, OR 97209 -4012
Pete Snook
Triangle Pointe, LLC
901 NE Glisan Street, Suite 100
Portland, OR 97232
LLA2010 -00013
TRIANGLE POINTE LOT LINE ADJUSTMENT
EXHIBIR,6
2S101DA00104
TRIANGLE POINTE LLC
901 NE GLISAN ST #100
PORTLAND, OR 97232
l � / ?/ /o owama�
�ecrlt�
City of Tigard
Lot Line Adjustment
Type I Application
GENERAL INFORMATION
-- ------ - - - - -- ------ - - - - --
PARCEL °1
Propert Address /Location(,): ODOT right -of -Way
Tax Map & Tax Lot #(s): N/A
Site Size: 0.206
Property Owner /Deed Holder *: (Attach list if more than one)
Address: ODOT 123 NW Flanders St
City/State: Portland /OR Zip: 97209
Primary Contact: Lisa Lightcap
Phone: (503) 731 -8437 Fax: (503) 731 -8458
PAR_ CEL 2
Property Address /Location(s): 13333 SW 68th Pkwy
Tax Map & Tax Lot #(s): 2S1 W01 DA #00104
Site Size: 8.731 AC
Property Owner/ Deed Holder(s *: (Attach list if more than one)
Address: 901 NE Glisan Street, Suite 100
City/State: Portland /OR Zip: 97232
Primary Contact: Triangle Pointe, LLC - Pete Snook
Phone: (503) 297 -8791 Fax: (503) 297 -8997
Applicant * /Agent:
Address: 1515 SE Water Avenue, Suite 100
City/State: Portland /OR Zip: 97214
Primary Contact: Rhys Konrad
Phone: (503) 224 -9560 Fax: (503) 228 -1285
*When the owner and the applicant are different people, the applicant must be
the purchaser of record or a lessee in possession with written authorization
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:
ODOT right - of - way parcels of 0.206 AC and 9 SF
(number) (acreage or square footage)
into 2S1 W01 DA # 00104 parcel, of 8.731 AC and 380, 322.36 SF
(number)
(acreage or square footage)
Case No.(s)
RECEIVED
NOV 16 2010
CITY OF TIGARD
PLANNING /ENGINEERING
FOR STAFF USE ONLY
r - "o -
Other Case No.( (ss))-
Receipt No.: � D U
Application Acce ted By: S -
Date: I (f (��( &
Date Determined Complete:
Rev. 7/1/10
is \curpin \masters \land use applications \lot line adjustment app.doc
REOUIRED SUBMITTAL ELEMENTS
(Note: applications will not be accepted
without the required submittal elements)
t_� pplication Form
[Q .Owner's Signature /Written Authorization
[[]Title Transfer Instrument or Deed
Preliminary Map (2 copies)
[Site /Plot Plan (2 copies)
Site /Plot Plan (reduced 8t /z" x 11 ")
Applicant's Statement (2 copies)
s Criteria in TDC 18.410.040)
Fee $599.00
City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 718 -2421 1 www.tigard - or.gov I Page 1 of 2
List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part
of this application:
No additional land use actions are proposed with this application.
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 proMgy.
♦ 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 I ( k h day of M c& , h-c� , 20 — k - -)_
<Z Z (, LtA
Applicant /Authorized Agent's Signature
Owner's Signature
k rriF y Oaty I (�' I
Owner's Signature
AP
Owner's Signature
City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 718 -2421 1 www.tigard- or.gov I Page 2 o f 2
CITY OF TIGARD
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
RECEIPT
Receipt Number: 180418 - 11/16/2010
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
LLA2010 -00013 Lot Line Adjustment 1003100 -43116 $522.00
LLA2010 -00013 Lot Line Adjustment - LRP 1003100 -43117 $77.00
Total: $599.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 1039 STREAT 11/16/2010 $599.00
Payor: Triangle Pointe LLC
Total Payments: $599.00
Balance Due: $0.00
Page 1 of 1
ZTec Engineers, Inc.
Civil ♦ Structural ♦ Surveying
John McL. Middleton, P.E. Chris C. Fischborn, P.L.S.
3737 SE 8 Ave.
Portland, OR 97202
503 - 235 -8795
FAX: 503 - 233 -7889
Email: chris @ztecengineers.com
Deacon Development, Inc.
SW 68 Parkway Tract — Parcel
R ECTIVED
NOV 16 2010
CITY or- TIGARD
Ronald b. Sellards, P.E.
- Fr_0
in ItP -020L3
l�,,,�gNov3�+ -��►,^ Rove
A Tract of land situated in the Southeast one - quarter of Section 1, Township 2 South, Range 1
West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon. Said Tract of
land being more particularly described as follows:
Commencing at a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants ",
found at the most Westerly corner of that tract of land described in that deed recorded as
Document No. 2000 - 005456, Washington County Deed Records, said point being on the
Northeasterly right of way line of Oregon State Highway No. 217, said point being the true point of
beginning of the tract of land herein described;
Thence North 58 1 50'38" East, a distance of 156.89 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Westlake Consultants "; thence North 31 0 09'41" West, a distance of 17.86 feet to a
point; thence North 58 1 50'19" East, a distance of 42.98 feet to a point; thence South 37 1 50'27"
East, a distance of 101.51 feet to a point; thence South 26 1 30'08" East, a distance of 249.42 feet
to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants "; thence along a
100.00 foot radius non - tangent curve to the right, through a central angle of 27 0 37'19 ", an arc
distance of 48.21 feet (the long chord of said curve bears North 54 1 20'53" East, a distance of
47.74 feet) to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants ";
thence North 68 1 09'27" East, a distance of 129.19 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Westlake Consultants" on the Southerly right of way line of S.W. 68th Parkway;
thence along said Southerly right of way line, along a 50.22 foot radius non - tangent curve to the
left, through a central angle of 35 0 30'57 ", an arc distance of 31.13 feet (the long chord of said
curve bears South 33 1 46'02" East, a distance of 30.63 feet) to a brass screw with a 3/4 inch brass
washer stamped "Westlake Consultants "; thence South 68 0 09'27" West, a distance of 135.52 feet
to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants "; thence along a
70.00 foot radius curve to the left, through a central angle of 42 1 51'17 ", an arc distance of 52.36
feet (the long chord of said curve bears South 46 1 43'49" West a distance of 51.14 feet) to a 5/8
inch iron rod with a yellow plastic cap stamped "Westlake Consultants "; thence South 32 1 51'04"
East, a distance of 249.28 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake
Consultants "; thence South 05 1 45'07" West, a distance of 127.10 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "Westlake Consultants "; thence South 30 0 39'10" East, a distance of
156.11 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants ";
thence South 69 0 17'14" East, a distance of 196.87 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Westlake Consultants "; thence South 89 0 02'35" East, a distance of 146.10 feet to a
5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants "; thence North
00 1 00'40" East, a distance of 10.29 feet to a 5/8 inch iron rod with a yellow plastic cap stamped
"Westlake Consultants "; thence South 88 1 55'39" East, a distance of 144.04 feet to a 5/8 inch iron
rod with a yellow plastic cap stamped "Westlake Consultants "; thence North 07 1 54'41" East, a
r
distance of 387.00 feet to a point on the centerline of vacated Varnes Road; Thence along said
vacated centerline, South 88 1 43'41" East, a distance of 36.61 feet to a point on the Westerly right
of way line of Interstate Highway 5; thence along said Westerly right of way line the following
four courses: South 13 1 05'48" West, a distance of 50.95 feet to a point; thence South 06 0 53'56"
West, a distance of 382.44 feet to a point; thence South 12 1 29'38" West a distance of 165.73
feet to a point; thence South 22 1 01'53" West, a distance of 331.67 feet to a point on the
Northeasterly right of way line of Oregon State Highway No. 217; thence along said Northeasterly
right of way line, along a 110.00 foot offset spiral to the right, with a chord of North 53 1 38'22"
West, a distance of 155.24 feet to a point that is 110.00 feet offset from centerline station
470 +35.18 p.c.s.; thence along a 1035.92 foot radius curve to the right, through a central angle
of 06 1 12'00 ", an arc distance of 112.10 feet (the long chord of said curve bears North 46 1 44'34"
West a distance of 112.04 feet) to point that is 110.00 feet opposite centerline station 469 +11.18
p.s.c.; thence along a 110.00 foot offset spiral to a 500.00 foot centerline spiral whose central
angle equals 12 1 30'00 ", the long chord of said 110.00 foot offset spiral equals North 35 1 11'55"
West a distance of 476.72 feet to a point of non - tangency; thence North 31 1 32'53" West a
distance of 229.96 feet to a point; thence North 32 1 12'39" West, a distance of 194.51 feet to a
point; thence North 33 1 19'28" West, a distance of 77.38 feet to a point; thence North 26 1 16'20"
West, a distance of 248.92 feet to a point; thence North 31 1 06'53" West, a distance of 74.34 feet
to the true point of beginning of the Tract herein described.
Said Tract of land contains an area of 8.7310 Acres, more or less.
The basis of bearings for this description is Washington County Survey No. 26642.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
C4.4 4&
OREGON
JURY 17. 1981
C41 9 FISCHBORM
*44
ZTec Engineers, Inc.
Civil ♦ Structural ♦ Surveying
John McL. Middleton, P.E. Chris C. Fischborn, P.L.S.
3737 SE 8 Ave.
Portland, OR 97202
503 - 235 -8795
FAX: 503 - 233 -7889
Email; chris @ztecengineers.com
Deacon Development, Inc.
Ronald b. Sellards, P.E.
i� I PU t J � 2 01k)'7 '�G1 s
+ P O (V 4 _W vv
LI-O 71910
Area To Be Removed From State Highway 217 Right of Way
A Tract of land situated in the Southwest one - quarter of Section 1, Township 2 South, Range 1 West
of the Willamette Meridian, in the City of Tigard, Washington County, Oregon. Said Tract of land
being more particularly described as follows:
Commencing at a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants ", found
at the most Westerly corner of that tract of land described in that deed recorded as Document No.
2000 - 005456, Washington County Deed Records, said point being on the Northeasterly right of way
line of Oregon State Highway No. 217; thence South 31 0 06'53" East, along said Northeasterly right
of way line, a distance of 74.34 feet to a point that is 110.00 feet left of engineer's centerline station
456 +62.46 p.c.s.; thence continuing along said Northeasterly right of way line, South 26 0 16'20"
East, a distance of 248.92 feet to a point that is 110.00 feet left of engineer's centerline station
459 +00; thence continuing along said Northeasterly right of way line, South 33 0 19'28" East a
distance of 77.38 feet to the true point of beginning of that Tract of land herein described; thence
continuing along said Northeasterly right of way line, South 88 0 4341" East, a distance of 111.00
feet to a 5/8 inch iron rod with a yellow plastic cap stamped, "Westlake Consultants "; thence
continuing along said Northeasterly right of way line, South 02 °34'34" West, a distance of 162.27
feet to a point that is 110.00 feet left of said centerline of said State Highway No. 217; thence North
32 °12'39" West, a distance of 194.51 feet to the true point of beginning of the Tract of land herein
described.
Said Tract of land contains an area of 9,003 square feet, more or less.
The basis of bearings for this description is Washington County survey no. 26642.
REGISTERED
PROFESSIONAL
L> SURVEYOR
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JI,lO.Y 17, 1981
L'M9 RISCHBORM
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CELEBRATING50YE ?01
November 16, 2010
City of Tigard
Attention: Hap Watkins
13125 SW Hall Blvd.
Tigard, OR 97223
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Group
Mackenzie,
Incorporated
Architecture
Interiors
Structural
Engineering
Civil Engineering
Land Use Planning
Transportation
Planning
Landscape
Architecture
Locations:
Portland, Oregon
Seattle, Washington
Vancouver, Washington
Re: Triangle Pointe — Partition
Lot Line Adjustment
Project Number 2080478.14
Dear Hap:
RECEIVED
NOV 16 2010
CITY OF TIGAFID
Ft A^r�11 t \FERI.NG
In accordance with our recent discussions, the purpose of this letter is to request approval of
a lot line adjustment affecting the Triangle Pointe property on the north part of Highway
217, directly southeast of SW 72 Avenue in Tigard. The two lots associated with this
request are listed below and can be found on the attached preliminary plan.
Lot
Existing
Zoning
Ownership
Acreage
ODOT right -of -way (adjacent to
0.206
Mixed Use Employment
Oregon Department of
Tax Lot 2S 1 W01 DA # 00104
Transportation
Tax Lot 2S1W01DA # 00104
8.731
Mixed Use Employment
Triangle Pointe, LLC
The current Washington County Assessor's Map demonstrates the right -of -way adjacent to
2S 1 WO 1 DA # 00104 is under ownership of the Oregon Department of Transportation
(ODOT). ODOT has deemed this property as surplus and it is ready to be sold subject to
approval of a lot line adjustment by the City of Tigard. ODOT has provided a letter of
consent regarding this request.
This application addresses the necessary approval criteria of Tigard Municipal Code, Chapter
18.410, Lot Line Adjustments.
18.410.040 APPROVAL CRITERIA
A. Approval criteria. The Director shall approve or deny a request for a lot line
adjustment in writing based on findings that the following criteria are satisfied:
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: An additional parcel is not created by this lot line adjustment and the affected
parcels currently meet the minimum lot area requirements. The proposed adjustment
complies with the minimum lot area requirements for the MUE, mixed use employment,
zone, as there is no minimum lot size for this zone. This standard is met.
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;
H:\Projects\208047814 \WP \LTR \101116 -Lot Line Adjustment.doc
r
City of Tigard
Triangle Pointe — Partition
Project Number 2080478.14
November 16, 2010
Page 2
Response: The proposed area to be reduced is currently ODOT right -of -way. The removal
does not result in violation of any site development regulations in the MUE district. This
standard is met.
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 district does not have a building envelope area requirement. This standard
does not apply.
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: The applicable zoning district does not have a lot area requirement. This standard
does not apply.
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: The proposed lot line adjustment does not create an additional lot. This standard
does not apply.
d. Setbacks shall be as required by the applicable zoning district.
Response: The existing building setbacks continue to be met with this application. This
standard is met.
4. With regard to flag lots:
a. 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.
b. A screen shall be provided along the property line of a lot of record where
the paved drive in an accessway is located within IOfeet ofan abutting lot
in accordance with Section 18.745.050. Screening may also be required to
maintain privacy for abutting lots and to provide usable outdoor
recreation areas for proposed development.
Response: This application is for a lot line adjustment and does not create a flag lot. This
standard does not apply.
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: No changes are proposed to the existing accessways or fire hydrant service to the
site. This standard does not apply.
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.
H:\.ProjectsQ08047814�WP\LTR \101116 -Lot Line Adjustment.doe
A
City of Tigard
Triangle Pointe — Partition
Project Number 2080478.14
November 16, 2010
Page 3
I
Response: The existing common drives do not serve more than one lot. This standard does
not apply.
7. Any accessway shall comply with the standards set forth in Chapter 18.705,
Access, Egress, and Circulation.
Response: No changes are proposed to the existing accessways. This standard does not
apply.
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 complies with this standard and no dedications
are proposed.
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. (Ord. 09 -13)
Response: No changes are proposed to the existing site, requiring a variance. This standard
does not apply.
CONCLUSION
Based on the information presented and discussed in this narrative and the attached
supporting plans and documents, the proposed lot line adjustment meets the established
standards and criteria and merits approval.
Please feel free to contact me with any questions you may have when reviewing this
application.
Sincerely,
Rhys Konrad, Planner, LEED AP
Associate
Enclosures: Application Form
Title Transfer Instrument/Deed
Assessor's Map
Site Plan
Site Legal Description
ODOT Letter of Consent
c: Pete Snook — Triangle Pointe, LLC
H:1Projects\208047814MP\LTR \101116 -Lot Line Adjustment.doc
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7 859
ireyo Department of Transportation
Region 1 Right of Way
Theodore R. Kulongoski, Governor Vi d, R 9 Flanders
R E Portland, OR 97209 -4012
Phone: (503) 731 -8400
NOV 1 6 2010 FAX: (503) 731 -8458
CITY OF TIGARD FILE CODE:
PL.ANP1!N "' /rNGINEERI(-G
October 4, 2010
Deacon Development Group
Attn: Pete Snook
901 NE Glisan St., Suite 100
Portland, OR 97232
Dear Mr. Snook:
File: 37289
Section: Pacific Highway West
Highway: Beaverton- Tigard
County: Washington
This letter is in reference to the lot line adjustment for the property referenced above.
The location of the property is otherwise described as adjacent to TL #2S1 W01 DA
#00104 (Triangle Pointe). This condition of sale is derived from ODOT's communication
with the City of Tigard during the surplus process, which determined that the lot can
only be lawfully sold via a lot line adjustment.
ODOT has deemed this property as surplus and it is ready for sale, with the exception
of the lot line adjustment, which we ask the buyer to complete prior to closing. As the
buyer and neighboring property owner of the ODOT parcel, ODOT requires that you
complete a lot line adjustment prior to closing.
As you work with the City of Tigard, please feel free to have the City representative
contact me directly if they need any further clarification. Please let me know when
you've completed the lot line adjustment; we require documentation from the City that
this step has been completed prior to closing. Feel free to contact me with any
questions. Thank you.
Sincerely,
Lisa Lightcap
Property Agent
RECEIVED
OCT.6,6 2
GROUP MACKENZIE
Form 734 - 1866(11 -04) 1*
STATEMENT OF CONFORMANCE WITH LOCAL
REQUIREMENTS FOR SALE OF STATE-OWNED LANA
f9 FILE - - R37289 "FARMERS INS. SITE"
HIGHWAY: HWY 217 BEAVERTON-TIGARD HWY *144
DOT REP,: JON D. COL C I" I , I
R1-PRC AGENT
503/731-8448
jon, dcole@ state. or. us
I DATE: December 1 2009
The State of Oregon, Department of Transportation has declared subject land surplus to
their needs. A map and description of the parcel is attached, in accordance with ORS
92.016, ORS 92.018 and applicable City or County regulations, the State is inquiring
about land division status from the T in preparation for
sale of property. C/ )"'/ r/ a � - �';' )
❑ 1. This lot was created by a legally approved partition or subdivision and meets the
zoning code requirements.
❑ 2. This lot was legally divided by an acquisition of right of way for a state highway
and may be sold as a legal lot (ORS 92.010).
F 3. Does not meet current zoning code requirements but has grandfather rights" as
an individual piece of property and may be sold as such.
4. This lot may be lawfully sold only via a lot line adjustment.
❑ 5. Does not meet local requirements and needs:
a- ❑ Variances (list)
b. F-1 Partitioning
❑ 6. Does not meet local requirements for the following reason(s):
Existing zoning:
Additional comments:
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NE1 /4 SE1 14 SECTION 01 T2S R1 W W.M.
SCALE 1" 100'
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Cancelted TaKlots For: 2S101 DA
1000, 1300 ,200,300,400,500,000,'l00,2200,
PLOT DATE: February 09, 2009
FOR ASSESSMENT PURPOSES
ONLY - D NNOT RELY ON
FOR 7HER USE
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RECEIVED
CITY OF TIGARD
-ER
NOV 16 2010
Washington County, Oregon 2008095
11/25/2008 03:05:31 Ph1
D - DBS Cnt =1 Stn =4 K BARNETT
$20.00 $5.00 $11.00 $8,500.00 - Total = $8,536.00
I I I I II I II II I II !III 11111111 I If Ili I
THIS SPACE RESERVE[
IIIllllll II! Illilil II 111111 111111 N
013092192008009519300.
!, Richard Hobernicht, Director of Assessment and
Taxation and Ex -Officio County Clerk for Washingt,
County, Oregon, do hereby certlfy that the within
Instrument of writing was received and recorded in
book of records of said coin
Richard Hobernicht, Director of Assessment any
Taxation, Ex -Officio County Clerk
After recording return to:
Triangle Pointe, LLC
901 NE Glisan Street, #100
Portland, OR 97232
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Until a change is requested all tax statements
shall be sent to the following address:
Triangle Pointe, LLC
901 NE Glisan Street, #100
Portland, OR 97232
File No.: NCS- 354852 -LA2 (bl)
Date: November 4 2008
WASHINGTON COUNTY
REAL PROPERTY TRANSFER TAX
$ SOarcY> 1l2S•cag
FEE PAID DATE
•0043
the
STATUTORY BARGAIN AND SALE DEED
F. Holding Company, a California corporation, Grantor, conveys to Triangle Pointe, LLC, an Oregon
limted liability company, Grantee, the following described real property:
See Legal Description attached hereto as Exhibit A and by this reference incorporated herein.
The true consideration for this conveyance is $8,500,000 (Here comply with requirements of ORS 93.030)
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, OF CHAPTER 424, OREGON LAWS 2007. 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, OF CHAPTER 424, OREGON LAWS 2007,
Dated this WIN day of November, 2008.
S.D. DEACON
Pa 1 of 2 OEC 0 8 2008
�R2M0WME
APN:R2064149
Bargain and Sale Deed File No.: NCS- 354852 -LA2 (bl)
- continued
F.I.G. HOLDING COMPANY, a California
corporation
Name. ,( Gti Po jL k
STATE OF
COUNTY OF
On Nove'o,
n
)SS
before me, jW 1J—' . 6'h - �lii l tis , Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 44�bre subscribed to the within
instrument and acknowledged to me that he tiw /they executed the same in hW* /their authorized capacity(ies), and that by
hi%OTegtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument,
I certify under PENALTY OF PERJURY under the laws of the State of _ �� j f � r 4 that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
S
Signature C a pe
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notarial
Notary Name.
Notary Registration Number:
Notary Phone: a�!!Eq — Cq J -
County of Principal Place of Business:LIDS An
Page 2 of 2
Exhibit "A"
Surveyor's metes and bound description per survey prepared by Ztec Engineers Inc., dated November 3,
2008 as Job No. R3801 -1:
A tract of land situated in the Southeast one - quarter of Section 1, Township 2 South, Range 1 West of
the Willamette Meridian, in the City of Tigard, Washington County, Oregon. Said tract of land being more
particularly described as follows:
Commencing at a point on the West line of that tract of land relinquished to the City of Tigard by
Resolution No. 600, recorded in the minutes and records of the Oregon Transportation Commission, April
20, 1981, said point being on the Southerly right of way line of Southwest 68th Parkway; thence along
the West line of said City of Tigard tract South 01 0 11'39" West a distance of 4.10 feet to a point; thence
continuing along said West line South 15 0 40'18" West, a distance of 76.53 feet to a point; thence South
77 0 12'09" West a distance of 95.77 feet to a point; thence South 01 11 16'19" West a distance of 25.00 feet
to the centerline of vacated Southwest Varnes Road; thence along said centerline South 88 0 43'41" East a
distance of 115.29 feet to the true point of beginning of the tract of land herein described; thence
continuing along said vacated centerline South 88 0 4341" East a distance of 36.61 feet to a point on the
Westerly right of way line of Interstate Highway 5 as described in Washington County Circuit Court Case
No. C99- 0484CV recorded January 24, 2000 as Documet No. 2000 - 005456; thence along said Westerly
right of way line the following four courses: South 13 0 05'47" West a distance of 50.95 feet to a point;
thence South 06 0 53'56" West a distance of 382.44 feet to a point; thence South 12 0 29'38" West a
distance of 165.73 feet to a point; thence South 22 0 01'53" West a distance of 331.67 feet to a point on
the Northeasterly right of way line of Oregon State Highway No. 217; thence along said Northeasterly
right of way line, along a 110.00 foot offset spiral to the right, a chord of North 53 0 38'22" West, a
distance of 155.24 feet to a point that is 110.00 feet offset from Centerline Station 470 +35.18 P.C.S.;
thence along a 1035.92 foot radius curve to the right, through a central angle of 06 0 12`00" an arc
distance of 112.10 feet (the long chord of said curve bears North 46 0 44'34" West a distance of 112.04
feet) to a point that is 110.00 feet opposite Centerline Station 469 +11.18 P.S.C.; thence along a 110.00
foot offset spiral to a 500.00 foot centerline spiral whose central angle equals 12 0 30'00 ", the long chord
of said 110.00 foot offset spiral bearts North 35 0 11'55" West a distance of 476.72 feet to a point of non -
tangency that is opposite Centerline Station 464 +11.18P.S.; thence North 31 1 32'53" West a distance of
229.96 feet to a point; thence North 02 0 34`34" East a distance of 162.27 feet to a point; thence North
88 0 43 "41" West a distance of 111.00 feet to a point; thence North 33 0 19'28" West a distance of 77.38
feet to a point; thence North 26 0 16'20" West a distance of 248.92 feet to a point; thence North
31 1 06'53" West a distance of 74.34 feet to a 5/8 inch iron rod with a yellow plastic cap stamped
"Westlake Consultants "; thence leaving said Northeasterly right of way line North 58 0 50'38" East a
distance of 156.89 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants ";
thence North 31 0 09'41" West a distance of 17.86 feet to a point; thence North 58 0 50'19" East a distance
of 42.98 feet to a point; thence South 37 0 50'27" East a distance of 101.51 feet to a point; thence South
26 0 30'08" East a distance of 249.42 feet to a 5/8 inch iron rod with a yellow plastic cap stamped
"Westlake Consultants "; thence along a 100.00 foot non - tangent curve to the right, through a central
angle of 27 0 37'19 ", an arc distance of 48.21 feet (the long chord of said curve bears North 54 0 20'53"
East a distance of 47.74 feet) to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake
Consultants "; thence North 68 0 09'27" East a distance of 129.19 feet to a 5/8 inch iron rod with a yellow
plastic cap stamped "Westlake Consultants" on the Southerly right of way line of Southwest 68th
Parkway; thence along said Southerly right of way line, along a 50.22 foot non - tangent curve to the left,
through a central angle of 35 0 30'57 ", an arc distance of 31.13 feet (the long chord of said curve bears
South 33 0 46'02" East a distance of 30.63 feet) to a brass screw with a 3/4 inch brass washer stamped
"Westlake Consultants "; thence South 68 0 09'27" West a distance of 135.52 feet to 5/8 inch iron rod with
a yellow plastic cap stamped "Westlake Consultants "; thence along a 70.00 foot radius curve to the left,
through a central angle of 42 1 51'17 ", an arc distance of 52.36 feet (the long chord of said curve bears
South 46 0 43'49" West a distance of 51.14 feet); thence South 32 0 51'04" East a distance of 249.28 feet to
a 5/8 inch iron rod with yellow plastic cap stamped "Westlake Consultants "; thence South 05 0 45'07" West
a distance of 127.10 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants ";
thence South 30 0 39'07" East a distance of 156.11 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Westlake Consultants "; thence South 69 0 17'14" East a distance of 196.87 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "Westlake Consultants "; thence South 89 1 0235" East a
distance of 146.10 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants ";
thence North 00 0 00'40" East a distance of 10.29 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Westlake Consultants "; thence South 88 0 5539" East a distance of 144.04 feet to a 5/8 inch
iron rod with yellow plastic cap stamped "Westlake Consultants "; thence North 07 0 54'41" East a distance
of 387.00 feet to the true point of beginning of the tract of land herein described.