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MIS2001-00023 S• NOTICE" PE I DECISION' ' ..:. . 1-00023° ! - - :LOT.L-INE ADJUSTMENT(MIS)�,200 =�- - LIMPOINEEL LOT.LINE ADJUSTMENT r C t7 S&apmg A BetteommunT 120 DAYS = 12/22/2001 SECTION I. APPLICATION SUMMARY FILE NAME: LIMPO/NEEL LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2001-00023 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of.46 acres will become .39 acres. Parcel #2 of.35 acres will become .40 acres. OWNER OWNER PARCEL 1: Jan Limpo PARCEL 2: Greg or Melocd'Ie Neel 15270 SW 79th Avenue 15220 SW 79 Avenue Tigard, OR 97224 Tigard, OR 97224 • LOCATIONS: PARCEL 1: WCTM 2S112CA,Tax Lot 03400 (15270 SW 79th Ave) (.46 acres) PARCEL 2: WCTM 2S112CA,Tax Lot 03200 (15220 SW 79th Ave) (.35 acres) COMPREHENSIVE PLAN DESIGNATION: Low Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. 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.above'request subject:-toy certain:conditions.of approval:, f 5= ;The=findings and:conclusions",on which the decision is based'are-noted In Section)lV 4: NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2001-00023-LIMPO/NEEL LOT LINE ADJUSTMENT • • CONDITIONS OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT,'THE FOLLOWING SHALL BE SATISFIED: UNLESS OTHERWISE NOTED,THE STAFF CONTACT SHALL BE,` JODI BUCHANAN IN THE PLANNING DIVISION AT 503-630417f.: 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 Engineering Department. The survey map shall include all access and utility easements. 2. Prior to issuance of building permits the applicant shall submit two copies of the recorded map to the City Engineer. THIS APPROVAL:SHALL-BE VALID:FORA8,MONTHS= 'FROM-HEEFFECTIVE DATE OFTHIS DECISION SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the east side of 79th Avenue. There are no sensitive lands on either parcel. Currently, the 20 foot driveway for Parcel #2 is owned by the owners of Parcel #1. This proposal seeks to transfer ownership of Parcel #2's driveway to the owners of Parcel #2. City records show that Parcel #1 has a Home Occupation Permit (HOP92-00021) for an Oxygen Equipment Repair business. No other land use records were found. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of .46 acres will become .39 acres. Parcel #2 of .35 acres will become .40 acres 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; No new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. The R-4.5 zone has a minimum lot size of 7,500 square feet. The proposed lot size of Parcel 1 is 17,023.5 square feet, and for Parcel 2 it is 17,460 square feet. 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; NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2001-00023-LIMPO/NEEL LOT LINE ADJUSTMENT • • This proposal reduces the northern lot line of Parcel #1 by 20 feet. The reduction of this line changes this side yard setback from 50 feet, to 30 feet. The minimum side yard setback for the R-4.5 zone is 5 feet. No other setbacks are affected by this proposal. Reducing the size of the smaller lot and increasing the size of the larger lot will not cause a violation of the site development or zoning district regulations. This standard is satisfied. 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. The buildings are pre-existing; therefore the building envelope area meets the lot requirements for this R-4.5 zoning district. The lot area standard for the R-4.5 zone is 7,500 square feet. As stated above, both parcels will satisfy this standard. Neither site is a flag lot. Parcel #1 will front SW 79th Avenue by 115 feet. Parcel #2 will front SW 79th Avenue by 151 square feet. All setbacks on both parcels meet or exceed the setback. standards for this zone. These standards are satisfied. 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. There are no flag lots associated with this application. Therefore, this standard does not apply. 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. Therefore, this standard does not apply. 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. No common driveway is associated with this application. Therefore, this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2001-00023-LIMPO/NEEL LOT LINE ADJUSTMENT • • The 20 feet affected by this proposal contains the access way to Parcel #2, but is currently owned by the owners of Parcel #1. This proposal merely transfers ownership of the access way to Parcel #2. It does not alter the existing access way in any way. Therefore, this standard is satisfied. 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 is not required as part of this application. Therefore, this standard does not apply. 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 an adjustment with this application. 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: X The applicant and owners X 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. -, - — ,111 ,, - THIS DECISION IS FINAL ON AUGUST 29, 2001, AND BECOMES EFFECTIVE ON AUGUST 30, 2001. 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. ad; ;aree ctia,n August 29th, 2001 EPA D BY Jodi Buchanan DATE Current Planning Division August 29th, 2001 APPROVED BY: Richard Be T.dorff DATE Planning Manager NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2001-00023-LIMPO/NEEL LOT LINE ADJUSTMENT n 4 - S 173 - 'Q • CITY of TIGARD CA CI F CT - - i-- GEOGRAPHIC INFORMATION SYSTEM 0)MURDfCK ST > Q VICINITY MAP 11141 M C j ,sw viol_ PAil lA MANCHA \/�g - 7/ - M IS200 -00023 k AT-IEW el( ST LIMPO/NEEL 11L--91 ->i . LOT. 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L ... - __ .._ _._ . -_. . :. :: : : EltS'f1N6ILi$g :: :: . . : : _ : :: 1 .. I 1 cleppeso ONE 1$o „ V 17 o, 5D, i�l DT C o I5Ac A-! so 1,LAKr . ►co 135 U, S �-\V-(S> T MIS2001-00023 ' AFFIDAVIT OF MAILING CITY OF TIG CiARD Community cDeve(opulent S(tapingf Better Community 1, (Patricia L. Lun forcl, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of TIigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF DECISION FOR: MIS200I-00023/LIMPO-NEEL LOT LINE ADJUSTMENT AMENDED NOTICE (File No/Name Reference) ® 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 29,2001,and deposited in the United States Mail on August 29,2001, postage prepaid. air/ • (Person •. ' red N. STATE of OPeR,EGON . ) County of Washington )ss. City of Tigard ) /7 Subscribed and sworn/affirmed before me on the oC 1 day of V K".% , 2001. OFFICIAL SEAL / ?" DIANE M JELDERKS••`> NOTARY PUBLIC-OREGON e4.-g COMMISSION NO.326578 Oa. OBLIC 0 6 MY COM O MISSION EXPIRES SEPT.07, My Commission i - s: �/7 • • EXHIBIT A NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2001. 00023 ` 'I'''. CITY OF TIOARD LIMPOINEEL LOT LINE ADJUSTMENT Community ter oment Shaping Better Community 120 DAYS = 12/22/2001 SECTION I. APPLICATION SUMMARY FILE NAME: LIMPO/NEEL LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2001-00023 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of.46 acres will become .39 acres. Parcel #2 of .35 acres will become .40 acres. OWNER OWNER PARCEL 1: Jan Limpo PARCEL 2: Greg or Melode Neel 15270 SW 79th Avenue 15220 SW 79 Avenue Tigard, OR 97224 Tigard, OR 97224 LOCATIONS: PARCEL 1: WCTM 2S112CA,Tax Lot 03400 (15270 SW 79th Ave) (.46 acres) PARCEL 2: WCTM 2S112CA,Tax Lot 03200 (15220 SW 79th Ave) (.35 acres) COMPREHENSIVE PLAN DESIGNATION: Low Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. 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 above 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 4 MIS2001-00023-LIMPO/NEEL LOT LINE ADJUSTMENT • • CONDITIONS OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT,THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE JODI BUCHANAN 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 Engineering Department. The survey map shall include all access and utility easements. 2. Prior to issuance of building permits the applicant shall submit two copies of the recorded map to the City Engineer. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the east side of 79th Avenue. There are no sensitive lands on either parcel. Currently, the 20 foot driveway for Parcel #2 is owned by the owners of Parcel #1. This proposal seeks to transfer ownership of Parcel #2's driveway to the owners of Parcel #2. City records show that Parcel #1 has a Home Occupation Permit (HOP92-00021) for an Oxygen Equipment Repair business. No other land use records were found. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of .46 acres will become .39 acres. Parcel #2 of .35 acres will become .40 acres 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; No new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. The R-4.5 zone has a minimum lot size of 7,500 square feet. The proposed lot size of Parcel 1 is 17,023.5 square feet, and for Parcel 2 it is 17,460 square feet. 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; - NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2001-00023-LIMPO/NEEL LOT LINE ADJUSTMENT • • This proposal reduces the northern lot line of Parcel #1 by 20 feet. The reduction of this line changes this side yard setback from 50 feet, to 30 feet. The minimum side yard setback for the R-4.5 zone is 5 feet. No other setbacks are affected by this proposal. Reducing the size of the smaller lot and increasing the size of the larger lot will not cause a violation of the site development or zoning district regulations. This standard is satisfied. 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. The buildings are pre-existing; therefore the building envelope area meets the lot requirements for this R-4.5 zoning district. The lot area standard for the R-4.5 zone is 7,500 square feet. As stated above, both parcels will satisfy this standard. Neither site is a flag lot. Parcel #1 will front SW 79th Avenue by 115 feet. Parcel #2 will front SW 79th Avenue by 151 square feet. All setbacks on both parcels meet or exceed the setback standards for this zone. These standards are satisfied. 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. There are no flag lots associated with this application. Therefore, this standard does not apply. 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. Therefore, this standard does not apply. 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. No common driveway is associated with this application. Therefore, this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2001-00023-LIMPO/NEEL LOT LINE ADJUSTMENT . • • The 20 feet affected by this proposal contains the access way to Parcel #2, but is currently owned by the owners of Parcel #1. This proposal merely transfers ownership of the access way to Parcel #2. It does not alter the existing access way in any way. Therefore, this standard is satisfied. 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 is not required as part of this application. Therefore, this standard does not apply. 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 an adjustment with this application. 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: X The applicant and owners X 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 29, 2001, AND BECOMES EFFECTIVE ON AUGUST 30, 2001. 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. C11 j Uleto 4Gl r)Q August 29th 2001 EPA D BY' Jodi Buchanan DATE Current Planning Division 41111111.11°-_ ' ' , , August 29th, 2001 APPROVED BY: Richard Be Tdorff DATE Planning Manager NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2001-00023-LIMPO/NEEL LOT LINE ADJUSTMENT -�__ —�♦,�- .� CITY of TI CARD u� ■ CA7• C•�■ • GEOOa APNIC INFORMATION SYSTEM WIN ..���• 1 VICINITY MAP mum ,.� SW VIOLA Sw 03 ID ,MANCHA �. r- rld111 EN MIS200I-00023 • lii- liMPOiNEEL IMO LOT LINE ADJUSTMENT II Om rniffm,, 41 -41111-11 &MAI Ir s NO 'x`111 .11111111111 \ id ii�/� to, ■ itiamin C:- :1111 .111 !uni Nj �►� II��..w..... ..• . 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EXHIBIT B LIMPO JAN THOMAS 15270 SW 79TH AVE TIGARD,OR 97224 2S 112CA-03200 NEEL GREGORY A& MELODIE G 15220 SW 79TH AVE TIGARD,OR 97223 • CITY OF TIGARD Community Development Shaping A Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS FILE NO(S).: LOT LINE ADJUSTMENT (MIS)2001-00023 / � ©f FILE TITLE: LIMPO/NEEL LOT LINE ADJUSTMENT OWNER OF Jan Limpo OWNER OF Greg & Melodie Neel PARCEL 1: 15270 SW 79th PARCEL 2: 15220 SW 79th Tigard, OR 97224 Tigard, OR 97224 PHONE/FAX: 503-887-8665/503-968-6866 503-639-6444/503-639-4913 REQUEST: The owners of record of the subject properties request Lot line Adjustment permission to adjust 2 parcels of .46 acres and .35 acres into 2 parcels of .39 acres and..40 acres. LOCATION: Parcel # 1 Parcel # 2 15270 SW 79th 15220 SW 79th 2S112CA Tax Lot 03400 2s112CA Tax Lot 03200 ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE 18.410, 18.390, 18.510 REVIEW CRITERIA: CIT AREA: South CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ,TYPE I ❑ TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: DATE COMMENTS ARE DUE: ['HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:00 PM ['PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 7:30 PM ['CITY COUNCIL ITUESJ DATE OF HEARING: TIME: 7:30 PM (STAFF DECISION (TENTATIVE) DATE OF DECISION: -.29 - O l COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT ® SITE PLAN ❑ ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY ❑ NARRATIVE ❑ GEOTECH REPORT ❑ OTHER: STAFF CONTACT: Jodi Buchanan, Associate Planner (503) 639-4171 Ext. 407 LAND USE PROPOSAL • r LOT LINE ADJUSTMENT '!d�°�"�x��b �'s TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION Property Address/Location(s): t Sc/7 O S.(.j. 7 /1 Tax Map &Tax Lot#(s): S I I o. CA 34°0 FOR STAFF USE ONLY Site Size: . ( �, / Vb� �" Case No:(s): M /5"c2001 _ ig 3 Property Owner/Deed Holder(s)*: (Attach list if more than one) Other Cas 'No. s : A Address: I c027 CI S.w. 717" Receipt°No:: ._0 3 3- City/State: (� a.N OR. Zip: (3 72..,.1- Primary Contact: 3.71AA Li n Application Accept` sy: Phone: co 2) -g57-9()b Fax: 56 -96$-- -1 , Date •1 6 D �m Property Address/Location(s): /Sa aO S.LJ• I Rev.3/512001:::, iacurpin\m-sters\revisedWaa.doc Tax Map &Tax Lot#(s): a S lid CA -- 3a00 r---Site Size: . 35- ( R11(. i'P b Property Owner/Deed Holder(s)*:j.(Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS Address: I sag.b S.w •79 If' (Note: applications will not be accepted City/State: i ax'd OKF&6l'U Zip: 97ad2k without the required submittal elements) Primary Contact ('�rfca/ kch-e sec' Phone: t, - ,347‘)...4,51514 Fax: 51s g -C.3` -q9/ 3 ,/ .>e Applicant*/Agent: ['J Application Form 2'Owner's Signature/Written Authorization Address: Title Transfer Instrument or Deed t City/State: �� Zip: 2/ Preliminary Map (6 copies) Primary Contact: Phone: Fax: R/ Site/Plot Plan (6 copies) [� ite/Plot Plan (reduced 8'/2"x 11") v( *When the owner and the applicant are different people, the applicant plicant's Statement(6 copies 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) Filing Fee (City) $100.00 must sign this application in the space provided on the back of this (Urban) $236.00 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: / parcels of i 'T 4o and . 35" (number) (acreage or square footage) into a parcels of • 3 !g and (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: 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 / E5 day of A-l.t_S tt S+ ,20 O dr er's Signature ∎ ner's Si• •ature Owner's Si ature Owner's Signature • _.r Receipt #: 27200100000000003373 000003373 Date: 08/15/2001 TIDEMARK SYSTEMS, Line Items: Case No Tran Code Description Revenue Account No. Amount Due MIS2001-00023 [LANDUS]Lot Line Adjustment 100-0000-438000 $100.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check THE HOUSE OF NEEUGREGORY NEEL 0 445 0 $100.00 TOTAL AMOUNT PAID: $100.00 Th IL Lr, 6 cst IJJ C . • LF120-04 • AGREEMENT TO SELL REAL ESTATE ."7-1)4-0114 Li IiiQO , of IS 27112 S. , 1 ct7-15 W 7771,E - 1 224- as Seller, and ( 'z , aicv ^n of "IC 2,2V 0), �' � -n et, Ce•on ZZ4 as Buyer, hereby agree that the Seller shall sell and the uyer shall buy a following des ribed property UPON THE TERMS AND CONDITIONS HEREINAF=TER SET FORTH, within this contract. _ 1. LEGAL DESCRIPTION of real estate located in 1 5 Z D 5 • ‘N) •,v, �l� �, b\i‘JI}i 1 K% (51T County, State of (:)42. , • M O S—t " i let∎3 c ' a x LOT 34 00 2. PURCHASE PRICE S1)( CIA-S A) v C (P • CO) Dollars. Method of Payment: AS 0 QOM )(v 1cT G A-6 C (a) Deposit to be held in trust by LIME- (b) Approximate principal balance of first �rk mortgage to which conveyance shall be subject, if any,Mortgage holder: 1 -t/ %) $ (..49 f O . VIO . Interest L/ %per annum: Method of payment 5' & 't) ms-s31 (c) Other: Sieo ( (d) Cash, certified or local cashier's check on closing and delivery of deed(or such greater or lesser amount as may be necessary to complete payment of purchase price after credits, adjustments and prorations). 3. PRORATIONS: Taxes, insurance, interest,rents and other expenses and revenue of said property shall be prorated as of the date of closing. 4. RESTRICTIONS,EASEMENTS,LIMITATIONS: Buyer shall take title subject to: (a)Zoning,restrictions, prohibitions and requirements imposed by governmental authority, (b)Restrictions and matters appearing on the plat or common to the subdivision, (c)Public utility easements of record, provided said easements are located on the side or rear lines of the property, (d)Taxes for year of closing, assumed!��mortgages,and purchase money mortgages, if any, (e)Other: SE At�(Z Seller warrants that there shall be no violations of building or zoning codes at the time of closing. 5. DEFAULT BY BUYER: If Buyer fails to perform any of the covenants of this contract, all money paid pursuant to this contract by Buyer as aforesaid shall be retained by or for the account of the Seller as consideration for the execution of this contract and as agreed liquidated damages and in full settlement of any claims for damages. 6. DEFAULT BY SELLER: If the Seller fails to perform any of the covenants of this contract,the aforesaid " - - money paid by the Buyer, at the option of the Buyer, shall be returned to the Buyer on demand;or the Buyer shall have only the right of specific performance. 7. TERMITE INSPECTION: At least 15 days before closing, Buyer, at Buyer's expense, shall have the right to obtain a written report from a licensed exterminator stating that there is no evidence of live termite or other wood- boring insect infestation on said property nor substantial damage from prior infestation on said property. If there is 1992-2001 E-Z Legal Forms,Inc. Page I Rev.03/01 This product does not constitute the rendering of legal advice or services.This product is intended for informational use only and is not a substitute for legal advice.State laws vary,so consult an attorney on all legal matters.This product was not necessarily prepared by a person licensed to practice law in your state. . + such infestation, including repairing and replacing portions of said improvements which have been damaged: but if the costs for such treatment or repairs exceed three(3%)percent of the purchase price, Buyer may elect to pay such excess. If Buyer elects not to pay, Seller may pay the excess or cancel the contract. 8. ROOF INSPECTION: At least 15 days before closing, Buyer, at Buyer's expense. shall have the right to obtain a written report from a licensed roofer stating that the roof is in a watertight condition. In the event repairs are required either to correct leaks or to replace damage to facia or soffit, Seller shall pay up to three(3%) percent of the purchase price for said repairs which shall be performed by a licensed roofing contractor: but if the costs for such repairs exceed three (3%) percent of the purchase price, Buyer may elect to pay such excess. If Buyer elects not to pay, Seller may pay the excess or cancel the contract. 9. OTHER INSPECTIONS: At least 15 days before closing, Buyer or his agent may inspect all appliances, air conditioning and heating systems, electrical systems,plumbing, machinery, sprinklers and pool system included in the sale. Seller shall pay for repairs necessary to place such items in working order at the time of closing. Within 48 hours before closing, Buyer shall be entitled, upon reasonable notice to Seller, to inspect the premises to determine that said items are in working order.All items of personal property included in the sale shall be transferred by Bill of Sale with warranty of title. 10. LEASES: Seller,not less than 15 days before closing,shall furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy,rental rates and advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letters from tenants, Seller shall furnish the same information to Buyer within said time period in the form of a seller's affidavit,and Buyer may contact tenants thereafter to confirm such information.At closing, Seller shall deliver and assign all original leases to Buyer. 11. MECHANICS LIENS: Seller shall furnish to Buyer an affidavit that there have been no improvements to the subject property for 90 days immediately preceding the date of closing,and no financing statements, claims of lien or potential lienors known to Seller. If the property has been improved within that time, Seller shall deliver releases or waivers of all mechanics liens as executed by general contractors, subcontractors, suppliers and materialmen, in addition to the seller's lien affidavit, setting forth the names of all general contractors, subcontractors, suppliers and materialmen and reciting that all bills for work to the subject property which could serve as basis for mechanics liens have been paid or will be paid at closing time. 12. PLACE OF CLOSING: Closing shall be held at the office of the Seller's attorney or as otherwise agreed upon. 13. TIME IS OF THE ESSENCE: Time is of the essence of this Sale and Purchase Agreement. 14. DOCUMENTS FOR CLOSING: Seller's attorney shall prepare deed,note,mortgage, Seller's affidavit, any corrective instruments required for perfecting the title,and closing statement and submit copies of same to Buyer's attorney,and copy of closing statement to the broker,at least two days prior to scheduled closing date. 15. EXPENSES: State documentary stamps required on the instrument of conveyance and the cost of recording any corrective instruments shall be paid by the Seller.Documentary stamps to be affixed to the note secured by the purchase money mortgage, intangible tax on the mortgage, and the cost of recording the deed and purchasing money mortgage shall be paid by the Buyer. 16. INSURANCE: If insurance is to be prorated, the Seller shall on or before the closing date, furnish to Buyer all insurance policies or copies thereof. _ 17. RISK OF LOSS: If the improvements are damaged by fire or casualty before delivery of the deed and can be restored to substantially the same condition as now within a period of 60 days thereafter, Seller shall so restore the improvements and the closing date and date of delivery of possession hereinbefore provided shall be extended accordingly. If Seller fails to do so, the Buyer shall have the option of(1) taking the property as is, together with insurance proceeds, if any, or(2) cancelling the contract, and all deposits shall be forthwith returned to the Buyer and all parties shall be released of any and all obligations and liability. Page 2 • 0 18. MAINTENANCE: Between the date of the contract and the date of closing, the property, including lawn, shrubbery and pool, if any, shall be maintained by the Seller in the condition as it existed as of the date of the contract, ordinary wear and tear excepted. 19. CLOSING DATE: This contract shall be closed and the deed and possession shall be delivered on or before the 1ST day of s 1 4 70,1 (year),unless extended by other provisions of this contract. 20. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted in this form shall control all printed provisions in conflict therewith. 21. OTHER AGREEMENTS: No agreements or representations, unless incorporated in this contract, shall be binding upon any of the parties. 22. RADON GAS: As required by law,(Landlord) (Seller)makes the following disclosure: "Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in � � .Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. LEAD PAINT: "Every purchaser or lessee of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities,reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women.The seller or lessor of any interest in residential real estate is required to provide the buyer or lessee with any information on lead-based paint hazards from risk assessments or inspection in the seller or lessor's possession and notify the buyer or lessee of any known lead-based paint hazards.A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase." 24. SPECIAL CLAUSES: C..s 4 cr COMMISSION TO BROKER: The Seller hereby recognizes Ot as the wB�roker in this transaction,and agrees to pay as commission sales pr %of the gross salice,the sum of ''v/A Dollars ($ 1Wit )or one-half of the deposit in case same is forfeited by the Buyer through failure to perform,ds compensa i en for services rendered,provided same does not exceed the full amount of e commission. /� ,(.I g/� y p' / hY L • Witn ess Bu Dat ��,,�I�� Date Witness .�� l��\_ 1,12, I 1 ss Date S 75.- Dat: Page 3 0 • • III . LF195-04 GENERAL AGREEMENT THIS AGREEMENT made this 1 1 ±dday of 4311l t' 'AST , Z ,1 (year), by and between J _11H-fin tic L 1 M >Q (First Party) and e - 1 s-aao Gco 71 Ot p , �j• aa(T (Second Party). WITNESSETH: That in consideration of the mutual covenants and agreements to be kept and performed on the part of said parties hereto, respectively as herein stated, the said party of the first part does hereby covenant and agree that it shall: I. S l Tyr \&7 t-t &-Mi\iVJ Cam egk S ED - `jib ND B IT4H N) (Vt&'r T p' ) -i`C ( ) - X LOT 3400 it. WAS i-'!riV 61- J A,107( , c6-T-ATE 8i= --f - CIA3T t- - S► )Ci LtS. b X ( t 60 , erz . e6, II. And said party of the second part covenants and agrees that it shall: VAN P -1-1(T l`if'e i Leo.etc D.K A c/l cVl Jam∎ ) -0 cll t 1•ec, titr s1-; ICJ1/01.. i-c -{2 -cx o - 1 S'' Q4 ' 160. eO q An s1-s '-&∎ co )Q1s, ■ z) s/o , U L 0 %,0 LG t iA.- 1 S Q -D ) v1 LL . Z4--e--IZ-M tAmi.x. pk,,c4\��t ► Cal at-L A- &rte IT U il 3 pee . Go -W UT 0 S t C` 01,O. C f vl,e� 4 elzi C/�� ex%51*3L) s�t1 III. Other terms to be observed by and between the parties: i3744-\x Di:- r S-r 4)4:1121- Sclivrit Pik)1\)% - -tit LL 1 t - 1 Del•X. - ,A 1 c3z"10 - ■ '101 -1tIE . --FIC0411Zb e---4 Cr1-2,74 -(1 NeA-14i)1 (5 MI- MAIVAtItc 44\5b LA-gag) -3x 2j s •i� ? Stt e' -Z -PD-1/010 -1-111?--S f- S (Mf' - 4 `C'DS SQ1W mil %N'''-k)C 7`Pi53 Cviv ‘,■4-syl rob, p1,>_,1 eN CAA/0\ • This agreement shall be bi ding upon the parties, their successors, assigns and personal representatives. Time is of the essence on all undertakings. This agreement shall be enforced under the laws of the State of . This is the entire agreement. Signed the day and year first above written. • 'gned in the presence of: I • / ,i / - i &I 11 • 6*/ if IP tness -'rst Party - XL ! e 4.0 4.-...,----// .4 r. .Witness Sec.arty O 1992-2001 E-Z Legal Forms,Inc. Rev.03/01 This product does not constitute the rendering of legal advice or services.This product is intended for informational use only and is not a substitute for legal advice.State laws vary,so consult an attorney on all legal matters.This product was not necessarily prepared by a person licensed to practice law in your state. AUG-07-01 12:12PM FROM-FIDELITY CUST SERVICE 45032275478 T-588 P.01/04 F-606 Compliments of: Scott Morcom Customer Service/Information Services August 7,2001 11:23 AM Prepared Especially oor• Melody Phone Fax. 639-4913 FIDELITY NATIONAL TITLE COMPANY OF OREGON 4 — 'Mt 4 4 ..• MM "The Closing Company" 401 SW FOURTH AVENUE, PORTLAND OR 97204 PH:503.227.5478 FAX:503.274.5472 csrequest @fnf.com www.fntec.com/portiana AUG-01-01 12:12PM FROM-FIDELITY CUST SERVICE +5032215478 T-588 P.02/04 F-606 i: IN 9" •; Fideffiy National Tit a Company A iti The Closing Company Prepared For: Prepared By: Scott Mormon Information Services Department 401 SW Fourth Avenue - Portland,Oregon 97204 Phone:(503)227-LIST(5478) Fax-(503)274-5472 E-mail: csrequestcfnf.com . OWNERSHIP INFORMATION Owi,rr :Neel Gregory A Ref Parcel Number : 2S 112CA 03200 CaOwner : Melodic G 7:02S R.01W S. 12 0:252 Sire Address . 15220 SW 79Th Ave Tigard 97224 Parcel Number :R0512323 Mail Address : 15220 SW 79Th Ave Tigard Or 97224 Map Number Telephone Owner: Tenant: County :Washington(OR) SALES AND LOAN INFORMATION 7-ar'ferred : 12/11/2000 LoanAmounr :$152,000 Document# • 98982 Lender -Long Beach Mortgage Sale Price . $190,000 Loan ?ype : Conventional Deed Type : Warranty Interest Rare :Adjustable '5 Owned • 100 Vesang Type • Mamed Persons -`_ - -- - - -- - PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page& Grid . 655 F6 Mkt Land •$89,750 Census . Trace 308 02 Block: 3 Mkt Structure :$118,940 SubdivixronJPlar :Durham Acres Other . Neighborhood Cd :DMTO Mia Total :$208,690 Land Use 1012 Rcs,Ittiproved %Improved :57 Legal .DURHAM ACRES,LOT PT 30,ACRES 35 00-01 Tuxes :$2,320.52 . Exempt Amount • . Exempt Type • Class Code Levy Code :02374 Mtlluge Rate - 15 0253 MSO Assd Value :S154,440 PROPERTY CHARACTERISTICS Bedrooms :3 Lot Acres : .35 Year Butte : 1935 Bathrooms : 1.00 Lot SyFr : 15,246 EflearBlt : 1957 ' Hear Method :Forced Bon Fin Set Floor Corer :Carpet Pool Brm Unfin SqFt : 1,290 Foundation . Concrete Ftg Appliances Bsm Low SgFr :460 Roof Shape • Dcshwusher :Yes Bldg Safi .3,500 Roof Mad : Comp Shingle Hood Fan 1st Fir SgFt • 1,750 InrerlarMat : Drywall Deck : Yes Upper Fir SgFr : Paving Marl - Garage Type : Detached Porch SgFr Consr 7)pe . Wd Stud\Shtg Garage SF :648 Attic SgFr Exr Finish :253 . - - Deck Sglr : 112 This 4u0 intorrllasen nas own rumcsnad,vntrtout charge.in conformance with me puudebnes approved by the State of Oregon Insurance Commissioner The Insurance Division cautions intermediaries trial this service is aes.gned to benefit the ulbmate dtsursds. indiscriminate use only oenefitmg inrermecriaries will not be permitted. Said services may be discontinued No Moody is assumed for any errors m Inn report AUG-DT-01 12:12PM FROM-FIDELITY CUST SERVICE +5032275478 T-588 P.03/04 F-606 • i • 01 Rieo05040 aIEQI. 5 to eh F,C uT.NATIOnat Tall COMPART OF 001t.on STATE Of 0820000 } Comm oc waallapso►_ GRANTOR'S NAME rierotd E lanes and Connie Mao Jana 4 nc. A 3sI rt~ . M Cowin •manl Ma% ce Tatt2�n MN '. InliIv Cress Ice tpe.. �*,t�-. \O l GRANTEE'S NAME 'e • • ::,. a a a.a (0 Ctepa'v A Niel and Maloota C NM / wow,- - • P.. w `` Sao Tao Sr*TEarEpeo To. �!; ~` •Mt and Mn .a Gregory A.Neal �tre�ialn. t�w.etor AQ 15Z20 SW 79m Avon,. , ,+E'1'- teTgTa>tatton.F f r T.oard.OR 97223 PAM Own Doc : 3000099993 emu att:Pa NNa MTwus TO: 11[CI.: 268467 217.00 Mr..ld MN.Drewry A.Now 12/1112000 03:02;16pP 15220 SW 73*Avows Tipne.OR 27223 STATUTORY WARRANTY DEED Maraid 5.law esd Ceeni,Maw Amp.11v111014 APO WIN. Grantor,COnwrs Md*arrant:to Sre♦on,A.New NM Moloch G.Nod.PIwpuW end WIN.Grantee.We t0ao«Tnp daatnp•d Taal property.r.M and ne. 01 Ant wmOronce,'neap p spactticsa,oat larch(Mow, i r wd in the Coon o1 Waanwi9ton.Sum or Oregon. SEE E*MIBIT ONE ATTACNED HERETO AND MADE A PART riEREOF t s J �`'• WA9MNGTON COUNTY /�-`• t Svppct N and Alrppolro .r:•i r ` pEU PROPERTY 1RNI R Tai CrCommons.cannons.restricrons end moo**et record. . " MO J�unit THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN v1OLATION OF -r APPUCABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE .i PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE C:T" OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST :1 FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. f. • L TiE TRUE AND ACTUAL.CONSIDERATION FOR T+NS CONVEYANCE IS 1190,000.00(See ORS 93.0301 F DATED: DeeemDec 7,2000 +„1„7„:„..04/�� Haroia E.Tones earwert..4 'hi. Q.�ir.xb - Connte Mae.Ionic �/ STA rr OF OREGON, Ms ow tl...c.aosnaoa.uea 1.ti440..w.-r.Ur,g C. not 111 Mr....Os Moe a,sex Cutnry GI. 11t►S IaI$0.reN BELT REM EM$bREP.That onten 7th , dud. De cein.ber , 2000. . .... bunts a,., the wnerar.ianad,a recearr Pa d^.in end For rho Store or Oregon pereon:.rly appeared the *ohm Rooted Harold E. Jones sea Cotr01s Mae _unas Is-7;w1 in ma w 6- tl•e identical indiridral' deur,aad in end oho executed the within ,n.rntmenr and oleowiedded to n,.That LheY .rsaruted the soma rr.aly and.arus•tan/y. �.�,■jh TESTIMONY WHEREOF,I hoe.herwmsgs.r ay,hand end ahead OFF.CMt.9MAt. mC11.cia.tsal to lay are,year lest oboe.aware,' Theats..1 aor0 !` NOTARY PwBUC-Or1EGON •s • >^- COMMrS$TON ND 77aa0! ~�:' � - et COMWai3ON 6 PP8E$WAY 22 2ep,, 014440 wdr,.107 O1.a • - My commioaon expires . b tasty 1 'y . .... . FORO 317 tR..2,91, 4TAT.:KAY a.AARA.TC OM ...•1.1••■••■•• ■•w>.• • AUG-07-01 12:13PM FROM-FIDELITY CUST SERVICE 45032275478 1-588 P.04/04 F-606 • • al no m�aouses' EXHIBIT 014 Beginning tt a tam on the WU*ono of Lot 30.DURHAM ACRES.in Section 12,Township I Staid.Range 1 West. Willamette Mo+fin. in ate Citu of Tt4r0. WYnmSton Count,. Ctpon yid Mach beginning ports Wore North 0•24'1r Fee. 13b foot from the SowtNwgt corner of mare Lot 30;Memo continuing North 0.20'10-Eat 131.0 Net to Intl Notenwest cane of t.+4 tot:Mance Nate 88°50'East Nang the Norm tine of gain lot 135 0 foot In e paint-Mona South 0°24 10°woo poraltel with 5ei4 West nine. 131 0 tees to•point.Monte South 811•51Y Wait. pet WO wim sofa North Una. 135 0 foot to me perm of beginning. TOGETHER WITH Vie light of use. ton roadway Wools'only. on 18.3 fool wale strip of tend Wing Sala of end Id1oing the South i ne of me abo..o a6scripo4 tact. rtnd e.teM.ng from Ina Soutries:comer toe poet 20.0 rest East of the SowUI*SR caner moot • • rAi) OREGON TITLE INSURANCE COMPANY Lake Oswego Branch 4550 Kruse Way, Ste 175 Lake Oswego, Oregon 97035 (503) 635-8851 FAX 635-9187 AMENDED PRELIMINARY TITLE REPORT FOR ISSUING TITLE INSURANCE Date Prepared: September 14, 1998 Oregon Title Insurance Company 4550 Kruse Way, Ste 175 Lake Oswego, Oregon 97035 Attn: Jenny Fernie Reference: ORDER NO : 870419w PARTY REF: LIMPO PROP ADDR: 15270 S.W. 79th Avenue Tigard, OR 97224 OTHER REF: OREGON TITLE INSURANCE COMPANY is prepared to issue title insurance, insuring title of the land shown on Schedule A, subject to the exceptions shown on Schedule B. The proposed policy or policies and indorsements are shown on Schedule A. Issuance of the policy or policies is conditioned on payment of the full premiums, and on recordation of satisfactory instruments establishing the interests of the parties to be insured. This report is based on the condition of title as of the effective date shown on Schedule A. Matters arising after the effective date may affect this report. New exceptions will appear for matters arising through the proposed transaction. Any change in the amount of insurance or type of coverage may cause the premium to change. This report is for the exclusive use of the principals to the contemplated transaction, and the company does not have any liability to any third parties. Until all necessary documents are placed of record, the company reserves the right to cancel, amend or supplement this preliminary title report for any reason. Any questions concerning this preliminary title report may be directed to: - - — — Jenny Fernie • . SCHEDULE A, Page No. 1 Order No. 870419w 1. The effective date of this preliminary title report is 5:00 P.M. on September 3, 1998 2. The policies and indorsements to be issued and the related charges are: Policy/Indorsement Description Charge ALTA Extended Lender' s for $150, 000.00 621 .45 Lender Indors.#52 (100) ;59 (116) ;83 .1 (8 .1) 50.00 Government Service Fee 20 .00 3 . Fee simple interest in the land described in this report is owned, at the effective date, by: JAN THOMAS LIMPO 4 . The land referred to in this report is described as follows: (Continued) 411 411 SCHEDULE A, Page No. 2 Legal Description, Continued Order No. : 870419w PARCEL I: The South 85 feet of the West 150 feet of Lot 30, according to the duly filed plat of DURHAM ACRES, filed December 13, 1911, in Plat Book 5, Page 16, Records of the County of Washington and State of Oregon. PARCEL II: Lot 30, according to the duly filed plat of DURHAM ACRES, filed December 13, 1911, in Plat Book 5, Page 16, Records of the County of Washington and State of Oregon, EXCEPTING the following portion thereof: BEGINNING at a point on the West line of Lot 30, DURHAM ACRES, subdivision of record in Section 12, Township 2 South, Range 1 West of the Willamette Meridian, and which beginning point bears North 0° 24' 10" East 135 feet from Southwest corner of said Lot 30, thence continuing North 0° 24' 10" East 131 feet to Northwest corner of said lot, thence North 89° 56' East along North line of said Lot 135 feet to a point, thence South 0° 24' 10" West parallel with said West line 131 feet to a point, thence South 89° 56' West parallel with said North line 135 feet to the place of beginning. AND EXCEPTING THEREFROM that portion described in Parcel I above. S Order No. 870419w Effective Date: 5:00 P.M. on September 3, 1998 SCHEDULE B, Page No. 1 Except for the items properly cleared through closing, the proposed policy or policies will not insure against loss or damage which may arise by reason of the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2 . Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3 . Easements, liens or encumbrances or claims thereof, which are not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. • 4 . Any lien, or right to a lien, for taxes, worker's compensation, services, labor, equipment rental or material, heretofore or hereafter furnished, imposed by law and not shown by the public records . 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 6 . Taxes for the fiscal year 1998-99, a lien in an amount yet to be determined, but not yet payable. 7. An easement created or disclosed by instrument, including the terms and provisions thereof, Dated February 12, 1982 Recorded February 25, 1982 as Recorder's Fee No. 82004669 In favor of Adjacent property owners For Sewer line Affects Division line between Parcels I and II; please see recorded document for details 8. Trust Deed, including the terms and provisions thereof, Dated February 8, 1996 - -- Recorded------ - February 29,__L996 as Recorder' s Fee No. 96017787 Grantor(s) Jan Thomas Limpo, an unmarried man Trustee Stewart Title of Oregon, Inc. , an Oregon corporation Beneficiary Meritage Mortgage, L.L.C. , an Oregon limited liability company Amount $133,400.00 Loan Number 96201033 (Continued) SCHEDULE H, Page No. 2 Exceptions, Continued Order No. : 870419w 8a. The beneficial interest in said trust deed was assigned by various assignments, the last of which was, Recorded July 9, 1998 as Recorder' s Fee No. 98074420 To The Bank of New York as Trustee under the Pooling and Servicing Agreement Dated as of 1997-A among CWMBS, Inc. , as Depositor, Countrywide Mortgage Conduit, Inc. (now known as Independent National Mortgage Corporation ("Indymac") as Seller and Master Servicer, and the Bank of New York, as Trustee, relating to Mortgage Pass-Through Certificates Series October 1997 8b. Substitution of trustee by instrument, Recorded July 9, 1998 as Recorder' s Fee No. 98074421 Successor Trustee Lucy E. Kivel, an attorney 8c. Notice of Default and Election to Sell, Dated July 9, 1998 Recorded July 9, 1998 as Recorder's Fee No. 98074422 Sale set for November 6, 1998 at 11:00 a.m. NOTE: Taxes for 1997-98, paid in full. Original Amount $1,879.96 Tax Amount $1,879.96 Code No. 023 .74 Key No. R512332 Map No. 2S112CA-03400 OREGON TITLE INSURANCE C By: _VIIZZ,,..teee • Michelle L. Hoke ADS/MLH/gac/mlw - cc: Equity Options Attn: Tom Mr. Limpo • I �, .r, I+rt 900 900 1000 1100 1200 '1300 1400 1 rr.• 100 4400 .. ? '_ R 2 _ r 3 t 4 3 = 6 •_ Z i .».. _ Q 2 it G L N -r E W I W • m n .. • ow > • •tw n.r ,.� �'4 • 1500 • TRACT.a 4 33 4. J U �? 1 �\ l�� �.�� Fle i / 3100 3000. 2900 ( >d I 200 j At 23 a 22 2 21 20 (n - 1600 • 7/ x.. Ir AS Y'� 0 J DA S .1 r / /i._ , W V 1700- mo]' Y 2600 300 1.1300 • b 9 •w: �' 9 300 4. A t 16 - :1 4220 ' ' Q'' S' S• 00 1800 J to 2 4t/ 1 _ r r ' ae . O J c-,- 2200 s _ J i 6. ' lsji 7'l7sT�•oao -i.,-7�Y 7 e.•e - f (_l Y 516000 6100 .8200 6300 16400 .•F p•c J� G.�• = 14 /� O 1 Y 3 e•.om 14 15 16 1 4 3' 4 e z..• . - .-i•! _ "• / ` • 2400 00 b - 11 ,, �' s 2300 2100 2000 / 3 5900 y . I • 16 Y 15 a V 13 12 II (n • 1/� M �•1 .01 ••. m,ml �' b T M . lsaoo t �/ LANE= N 444 1 9500 �`r�' 9200�S 1190 .�_ 9300 m. .:ea.6600 I.... 1;0_ 9800 24 o b - -a.4.ira„ alr AG• 3700 4-..4- 600 6500 9900�` 21 , G 19 - •1B 9100 ••• SI - 11 S O 21 ZO N • e? ZS )o 4: �' f7 j 9000 °.:+ / 2 x 56dd • N „o # NY.' I 1 . 1•� ` • 9101 • 9900 I :110 •6900 _ A, m=. ' < S.W.2 ASHFORD .' / • 23 10000 * .•6 s 4 Is o. ��., i55~(✓Z ?• 26 10200 10300 10400 10500 10600 10700 l43 e� pos 8600 w 9 L+-. 7105 7000 . * 1 'a•' 10100 ; 25 • 29 \\ 30 31 X\32 33 'b ti��i,Se 14 b y. ,` •54080 C''2 1 u, 24 N .11801 1 2 R 'I \, A J S S A j N C E. ` to60d r6 '"~ ti• • LL i 44 1 nr ro J b ro ro >d re 31 ;b 513 ro t wn S 1 M N +o' I ro N re X! ..... .330o_LA r•' .o' ••)• f - 11600 11500 11404 11300 11200 11100 11000 •••• ;•,•• e 7 7200 7300 74130 A 434• _ 0900 FOR .y • •r 4/�a 3 0 i, . 11700 42 41 40 39 rr�'� ff36 37 36 • 35 p PURPC 5200,1-1.:ti7 •y 9 ZT 26 2 i4. se '/`i 0 0 0 5 e6 44. v DO 3101 roe, %` •'r L, _ -. 4 4,4. au N ' to ' ` b se r.0e c.,./ J 9500 FOR 9 r•S.W. 2r "' 1 ASHFORD silk ° to , "' 4 a s. 't,, .... r. 4 N 'O m 1 Barr • N .4.37.2200 , 7500 7600 7700 7800 8000 i •o' 4.b• 8300 8400 0 s10o sC100 ZOO 4600 a NW 6100 . �� _ 4700 N .204' I 2 3 4 6 WOI 7 - 8 : 9 id 3 S • 3 2 _ 1 N $ - 5Q$5 . S N m ••••ems ese' W d r.. n •n n' n •Itt lt•. .Y M •• ISO• _••.w i°r m U 12200 , 12100 , 'd 1 13200 • ,3104355a°. 3100 w �^"'"� .•e At 1 4300 +i. 46 45 ,. ✓ p. SS 1 luO AC. Cr 4 I, .Awn . 17 1305040 `{ 0.ro ? -' A, y 12900 • • ' 41 • Pi • `\ 12400 OA 53 ter f 1, ,m. TRACT'Cr • 1• - 13600 0700 13600»••• d/°_ �` = 48 d i •• � A J J JA IN C F�'. • s2 2 3 ' 2 ••.r I 1 0 .34 iS ''`~12500 047:1 .r C - J ?- =r 'Y= �> _ i' D u) 1270 b �N 0. 4 AR ,4 • m' LGM a d O 56E WP 25 1 1200 TI • - 2S • • THIS MAP IS PROVIDED AS A COURTESY OF OREGON TITLE INSURANCE COMPANY This map is made solely for the purpose of assisting in locating said premises. and the Company assumes no liability for variations, if any, in dimensions, areas, and locations ascertained by actual survey. t. • • August 7, 2001 Gregory& Melodie Neel 15220 SW 79th Ave Tigard, Oregon 97224 Ph. 503 639-6444 Fx. 503 639-4913 E. Greg @houseofneel.com Re: Lot line adjustment requirements. Per city of Tigard requirements we, (Gregory& Melodie Neel)are purchasing a 20 (twenty foot easement) at our southern most lot line, this property will not create any encumbrance on either our property or our neighbor(Jan Limpo, holder of said easement above at 15224 SW 79th Ave.). Thank you for your timely support toward this end. Sincerely, ? - Gregory Aile6Neel Melodie Gail Neel )Jaco 41:;=• '11;;:.x...:., ∎. .,1t,.,,;,;o .:. ?Y°.4 -o DO.00 bb.ki8 , .. ' '''6700'• �77��pp I.,�, _t. . - :• •!'`'.•:.;,,' ':".•-:; �::`; .a'..• r.•''7",••j..!, '6t`.j;.,.:• 4:• 1 (Di 8 ^a ..a cp :/ V 1 8 �� $ $,a 4� �a I /•,k,ee.oe ..?fie �' 70.0o a �' l l./ -� 66.08 6 66.58 6 56.88 6.....e-- p t. WM. i. -b.,w § n THURSTON P4 �,co I• ,/ se 8 92.84 hi 89.60 4 I y 81.57 m 76.28 •0 .. ti. L... gl `' 8 o N fl _ •100.00 I"' m 81.67 .,N 100.00 1 1/C1 �/ �71.87 N g .� .A .,...•i-.1111r S $ O8 $ 100.00 100.00 f1 8 ��\. �� g N w' m .: :. 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