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MIS2003-00006
NOTICE-OF TYPE I LOT LINE ADJUSTMENT MIS, 2003-00006 . ,. - MATRIX.LOT LINE ADJUSTMENT,:` Community Development . _ : Shaping Better Community;~ 120 DAYS = 8/28/2003 SECTION I. APPLICATION SUMMARY FILE NAME: MATRIX LOT LINE ADJUSTMENT 'CASE NO.: Lot Line Adjustment (MIS) MIS2003-00006 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Tract #1 of 2.48 acres will become . 2.50 acres and Tract#2 of 0.57 acres will become 0.55 acres. APPLICANT: Matrix Development Corp. Attn: Craig Brown 12755 SW 69th Avenue, Suite 100 Portland, OR 97223 OWNER Anne Leiser, Trustee OWNER Janice DeKorte TRACT 1: 6009 SW Pendleton Ct. TRACT 2: 8040 SW Bonita Road Portland, OR 97221 Tigard, OR 97224 LOCATIONS: TRACT 1: WCTM 2S112BC,Tax Lot 00300 (No Address). TRACT 2: WCTM 2S112BC,Tax Lot 00100 (8040 SW Bonita Road). 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''CommunitYDevelopment: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 MIS2003-00006-MATRIX LOT LINE ADJUSTMENT • • CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED;THE STAFF CONTACT SHALL BE MORGAN,TRACY IN THE PLANNING.DIVISION AT 503-639-4171. . 1. The applicant shall submit a survey that shows the location of the existing house on Tract #2, including any projections or other permitted structures that exceed 3 feet in height. This shall be on a separate sheet from the Lot Line Adjustment plan. 2. Prior to recording, a Lot Line Adjustment plan, survey map, and legal descriptions showing the existing and proposed lot lines substantially in conformance with this approval shall be submitted to the Planning Department. The survey map shall include all access and utility easements. 3. Once the City has reviewed and approved the final Lot Line Adjustment map and legal descriptions, the applicant shall record the Lot Line Adjustment at Washington County within 18 months of the effective date of this decision. THIS APPROVAL SHALL BE VALID,.FOR 18.MONTHS' MON T HS , FROMTNEEFFECTIVE:DATE'OF THIS D E C IS I O N SECTION III. BACKGROUND INFORMATION Site Information: The subject tracts are located between 79th and 81st Avenues, south of Bonita Road. The properties border R-12 and R-7 zoning to the east. The subject tracts and other adjacent properties are zoned R-4.5. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. The adjustment will add sufficient area to enable the proposed Leiser Park subdivision to provide an access tract to serve the DeKorte property with an alternate egress apart from the existing driveway onto SW Bonita Road and maintain the proposed 19 lots in the subdivision. Tract #2 will be conveying 1,025 square feet to Tract#1. 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. A separate subdivision proposal will create 19 lots from the Leiser Tract and the adjacent lot to the east. Both lots will largely exceed the minimum lot size required in the R-4.5 zone. The purpose of the lot line adjustment is to facilitate the subdivision of the Leiser Parcel as well as enable the creation of an access tract for the DeKorte parcel. This standard is satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2003-00006-MATRIX LOT LINE ADJUSTMENT • • 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; The applicable development and zoning regulations for this district that pertain to these properties will not be violated by the proposed lot line adjustment. The lot width of both tracts will exceed the 50-foot requirement. However, the submitted lot line adjustment does not show the location of the existing house, so staff is unable to determine if the required setbacks are met with the adjusted property line. Based on a cursory site inspection, staff believes the setbacks will be met, but will require a condition to ensure the burden of proof has been met. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: • The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; • The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; • Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and • Setbacks shall be as required by the applicable zoning district. As described previously, both lots will continue to meet the minimum standards of the R-4.5 zone. There are no flag lots associated with this proposal. Compliance with setbacks will be assured by satisfying the condition noted below. This criteria is 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. The subsequent subdivision will be proposing an access to Tract #2, however, final construction of that access will be dependent upon future division of Tract #2. The fire district will have an opportunity to comment regarding that access at that time. Tract #2 may continue to use the existing access until that property is further developed. Therefore, this standard is satisfied. 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 drive is proposed as part of this lot line adjustment. This will be part of the subdivision review and addressed in that separate decision. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2003-00006-MATRIX LOT LINE ADJUSTMENT • • 7 Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. There are no access ways affected by this application. Therefore, this standard does not apply. 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, with the exception of confirming that setbacks will continue to be met. Staff is unable to determine if the setbacks will continue to be met, once the property line has been shifted 6 feet closer to the existing structure on Tract#2. CONDITION:The applicant shall submit a survey that shows the location of the existing house on Tract #2, including any projections or other permitted structures that exceed 3 feet in height. This shall be on a separate sheet from the Lot Line Adjustment plan. 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 MAY 2, 2003 AND BECOMES EFFECTIVE ON MAY 3, 2003. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 S Hall Boulevard, Tigard, Oregon at (503) 639-4171. ,-/- ‘. � / ... %' May 2, 2003 APPROV` I BY: Morgan racy DATE Associate Planner is\curpin\morgan\workspace\IIa\mis2003-00006 matrix IIa\mis2003-00006 draft decision.doc NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2003-00006—MATRIX LOT LINE ADJUSTMENT \ \---)__, COLO Y CREEK CT "pi `p,'.. . CITY of I • 1 OEOORAFNIC INFORMATION SYSTEM L. X D 1 VICINITY MAP m `iiiui3 a o . FAN MIS2003-00006 Np � . �...-,tip • MATRIX LOT Np . � .�,. I -:� ; DER LINE ADJUSTMENT col Ot , ' � WY • Illi > • - " ' I' , ELP / r "c'. �1144 al avao i ______ co BONITA RD el:as FT �w \� MAR F SW 6� �,� �`, � ` 3 v 1°11' BULL,..i,,.,..,,, ..„... '� , �� �� \ "Q _anti it o or %vim% aF_. .:nu'rinM ..,N Tigard Area Map 4111(Ns„,: > -co CA-• CT N 11 l- a) r• I) -1 - Z • 0 100 200 300 400 Feet 2 11 I—" 1".321 feet • SW VIOLA SAS,'' • LA MANCHA ,A 0 �. City of Tigard .1 • A Information on this map is for general location only and • should be verified vdth the Development Services Division, 13125 SW Hall Blvd Tigard,OR 97223 (503)839-4171 m '� http:Itwwv.ci.tigard.or.us •I Plot date:May 2,2003;C:\magic\MAGIC03.APR Community Development C -a 1 169.69' (D . C W C r o C 23,539 s.f. lot 1 0 22,515 s.f. m n In I I , e I ! 200 n goo CI ( - fD �6. 7 I 'T70.78 - r 78.2 92.6' r 140.9' 5 1-111:13` / 25.9' 7721 ► I 7523 5 ''�• ,.._. LOT 9 I I LOT 10 LOT 6 MI 'co 7,225. sq.ft. ',Pi 15' PRIVATE co ////M e if) UTILITY EASEMENT I I r� I I t� 20' SHARED ACCESS/ 22.3' PUBLIC ‘ E UTILITY EASEMENT UTILITY EASEMENT r—...] . Q I — 110.0'_ 920 -- — U1 65.2.-- 7—'1.-9.9 I ( 69.9' 69.9" 1;56 F 68.2' .� � _ I 1 ! I 1 UT „Alp PRIVATE � TL E _ `5' — 07— -2 I I I UTILITY EASEMENT I EXISTING 15' I .1.1 SANITARY SEWER 15' STORM (D I I - 20' I EASEMENT EASEMENT N CO 7258 i Q r.l 1 (PROPOSED TO BE UT a �I �I LOT 8 ,°p 1�—I N 7914 k`I .001 7,3530 sq.ft. of 7,366.Tsq.ft. °O-I a ¢ N LOT 11 rI LOT 12 -°I LOT 13 7,385. sq.ft, ( 7,386 sq.ft. 7,389. sq.ft. I I I W0 y 52.4' 66.2' 65.2' 69 , r 69.9 \-0 L=25.3' N I 50.0 _. — 25.0' R=16.0' R=16.0' • • • An AFFIDAVIT OF MAILING '''' ` CITY OF TIGARD Community Development • Shaping Better Community • I, cPatricia L. Lu orcd being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of TigarcWashington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF DECISION FOR: MIS2003-00006/MATRIX LOT LINE ADJUSTMENT 0 AMENDED NOTICE (File NoJName 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 May 2,2003,and deposited in the United States Mail on May 2,2003,postage prepaid. f - ' 111.4 d g. / w (Person that P•-par otice) STATE OF OEgON ) County o ff'Was Washington )ss. City of ward ) Subscribed and sworn/affir ed before me on the ( 7 day of Illr , 2003. —.._..--,....--........--.......--.._..--.....—.....---...._.--..._..-..._..-.._..-.._ .. • 01Cliji • f • (1OFFICIAL SEAL ' ! �' ' I I I !�'' ! ' tia �f, : J BENGTSON `�`�w' NOTARY PUBLIC OREGON My Commission Expires: W7/o7 COMMISSI9N N0.368086 MY COMMISSION EXPIRES APR.27,2007 • S EXHIBIT, A NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2003-00006 19; CITY OF TIGARD MATRIX LOT LINE ADJUSTMENT Community Development Shaping A Better Community 120 DAYS = 8/28/2003 SECTION I. APPLICATION SUMMARY FILE NAME: MATRIX LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2003-00006 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Tract #1 of 2.48 acres will become 2.50 acres and Tract#2 of 0.57 acres will become 0.55 acres. APPLICANT: Matrix Development Corp. Attn: Craig Brown 12755 SW 69th Avenue, Suite 100 Portland, OR 97223 OWNER Anne Leiser, Trustee OWNER Janice DeKorte TRACT 1: 6009 SW Pendleton Ct. TRACT 2: 8040 SW Bonita Road Portland, OR 97221 Tigard, OR 97224 LOCATIONS: TRACT 1: WCTM 2S112BC,Tax Lot 00300 (No Address). TRACT 2: WCTM 2S112BC,Tax Lot 00100 (8040 SW Bonita Road). 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 MIS2003-00006-MATRIX LOT LINE ADJUSTMENT - • • CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED,THE STAFF CONTACT SHALL BE MORGAN TRACY IN THE PLANNING DIVISION AT 503-639-4171. 1. The applicant shall submit a survey that shows the location of the existing house on Tract #2, including any projections or other permitted structures that exceed 3 feet in height. This shall be on a separate sheet from the Lot Line Adjustment plan. 2. Prior to recording, a Lot Line Adjustment plan, survey map, and legal descriptions showing the existing and proposed lot lines substantially in conformance with this approval shall be submitted to the Planning Department. The survey map shall include all access and utility easements. 3. Once the City has reviewed and approved the final Lot Line Adjustment map and legal descriptions, the applicant shall record the Lot Line Adjustment at Washington County within 18 months of the effective date of this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject tracts are located between 79th and 81st Avenues, south of Bonita Road. The properties border R-12 and R-7 zoning to the east. The subject tracts and other adjacent properties are zoned R-4.5. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. The adjustment will add sufficient area to enable the proposed Leiser Park subdivision to provide an access tract to serve the DeKorte property with an alternate egress apart from the existing driveway onto SW Bonita Road and maintain the proposed 19 lots in the subdivision. Tract#2 will be conveying 1,025 square feet to Tract#1. 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. A separate subdivision proposal will create 19 lots from the Leiser Tract and the adjacent lot to the east. Both lots will largely exceed the minimum lot size required in the R-4.5 zone. The purpose of the lot line adjustment is to facilitate the subdivision of the Leiser Parcel as well as enable the creation of an access tract for the DeKorte parcel. This standard is satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2003-00006-MATRIX LOT LINE ADJUSTMENT • • 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; The applicable development and zoning regulations for this district that pertain to these properties will not be violated by the proposed lot line adjustment. The lot width of both tracts will exceed the 50-foot requirement. However, the submitted lot line adjustment does not show the location of the existing house, so staff is unable to determine if the required setbacks are met with the adjusted property line. Based on a cursory site inspection, staff believes the setbacks will be met, but will require a condition to ensure the burden of proof has been met. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: • The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; • The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; • Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and • Setbacks shall be as required by the applicable zoning district. As described previously, both lots will continue to meet the minimum standards of the R-4.5 zone. There are no flag lots associated with this proposal. Compliance with setbacks will be assured by satisfying the condition noted below. This criteria is 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. The subsequent subdivision will be proposing an access to Tract #2, however, final construction of that access will be dependent upon future division of Tract #2. The fire district will have an opportunity to comment regarding that access at that time. Tract #2 may continue to use the existing access until that property is further developed. Therefore, this standard is satisfied. 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 drive is proposed as part of this lot line adjustment. This will be part of the subdivision review and addressed in that separate decision. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2003-00006-MATRIX LOT LINE ADJUSTMENT • • Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. There are no access ways affected by this application. Therefore, this standard does not apply. 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, with the exception of confirming that setbacks will continue to be met. Staff is unable to determine if the setbacks will continue to be met, once the property line has been shifted 6 feet closer to the existing structure on Tract#2. CONDITION:The applicant shall submit a survey that shows the location of the existing house on Tract #2, including any projections or other permitted structures that exceed 3 feet in height. This shall be on a separate sheet from the Lot Line Adjustment plan. 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 MAY 2, 2003 AND BECOMES EFFECTIVE ON MAY 3, 2003. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 S, Hall Boulevard, Tigard, Oregon at (503) 639-4171. May 2, 2003 APPROV` I BY: Morgan racy DATE Associate Planner i:\curp1n\morgan\workspace\IIa\mis2003-00006 matrix Ila\mis2003-00006 draft decision.doc NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2003-00006—MATRIX LOT LINE ADJUSTMENT 'Sr WSW• •►YCFEEKCT CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM .� T — I� Allit, D VICINITY MAP -s. z Allil Z DRIVE \Y��� ii arm • Z—III/► ,• Ii, ANNO � MI 2,� S 003 00006 � . , , tiN�� MATRIX LOT _ \ ♦ =� : WFAn/ER LINE ADJUSTMENT �0:0 WY J Q ,_ � " ' 1' ELP 111 it, all BONITA RD ORSFERR 6711 imilll N MAR fEP � R� mil 8 RD ��� w T.� IA `■ SL 0 . f l / , \ BULL tri.i7 V4 Sl fA�'O� �'\ BEEF SEND H0. UU.iHn RD 4.11 ., k ,_ III c.„ a.,,__ 07, > Tigard Area Map 1 •A - � CA-I CT 2 N Ai r•-•►/ ; 1• II > -iii SI Q 0 100 200 300 400 Feet MEM ,C SW VIOLA S, 1"=321 feet ■ LA MANCHA 1 �, yIII F. -'3 imp g City of Tigard "' i 8T Information on this map Is for general location only and 1--) should be verified with the Development Services Division. 13125 SW Hail Blvd Tigard,OR 97223 Im"' r I I I I .1 (503)639-4171 http:llwaw.ci.ligard.or.us Community Development Plot date:May 2,2003;C:\magic\MAGIC03.APR 1 69.69' -0 II 23,533 s.f. :.„.. LD O 4 l O:,,,, . , o 22,515 s.f. M I 1 70 TL 200 TL I s i at w. 6 7 10. 8_ 78.2 92:6 f7 140.9' _� 110.0' 25.9' 7721 I I 7523 '� \...... 1 I 1 I LOT 9 LOT 10 I LOT 6 N1{ d R I� 7,225. sq.ft. In 15' PRIVATE Ki ///71\A co a I 0 UTILITY EASEMENT I I 6 LA j 20' SHARED ACCESS/ I I 22.3' PUBLIC UTILITY EASEMENT —� [UTILITY EASEMENT r __ Q � - 110.0' _. - -- 9?0 1 � � - __ _ U1 68.6" 68.21 65.2""_ .. I { 69"g '— 69T� 69.g�� O 15' PRIVATE I TL F-- UTILITY EASEMENT 1 I SANITARY 15' I O i I I '� SANITARY SEWER 15' STORM O r- I 1 20' EASEMENT EASEMENT U1 7258 I.''C w1 ' I (PROPOSED TO BE �I L VACATED) m cri LOT 5 of LOT 7 0I LOT 8 o Zvi 0 7914 �i o' 7,353. sq.ft. 7,366. sq.ft. — ,t ,,, _ LOT 11 r LOT 12 LOT 13 I °� 7,385. sq.ft.,� q• i 7,386 sq.ft. 7,389. sq.ft. N 48' P.U.E. (TW) { ; S,;W. LEISER f1( I — i.J l r I 52.d'_ 68.2' 65.2' _ 69.9' _t I _ 69.9' _ 69.9' _ R=16.0' � _ _ -a L=25.3' I N I 50.0' 1 25.0' R=16.0' (� R 2' =16.0' Ra24.9' _— 1 -- L=25.1' 7 I I 1 L=25. i �--r— • • 2S112BC-00100 DEKORTE JANICE 8040 SW BONITA RD EXHIBIT TIGARD,OR 97224 2S112BC-00300 LEISER ANNE TRUSTEE 6009 SW PENDLETON CT PORTLAND,OR 97221 MATRIX DEVELOPMENT CORP. ATTN: CRAIG BROWN 12755 SW 69TH AVENUE. SUITE 100 PORTLAND. OR 97223 a` T • • LOT LINE ADJUSTMENT ,}i'�+" TYPE I APPLICATION CITY CF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION PARCEL-1 Property Address/Location(s): Property is located South of SW Bonita Rd. and between SW 79th and SW 81st Avenues. Tax Map&Tax Lot#(s): 2S112BC00300 FOR STAFF USE ONLY Site Size: 2.48 Acres Case No(s): MIS 24103 —00006 Property Owner/Deed Holders)*: (Attach list if more than one) Other Case No(s): Address: 6009 SW Pendleton Ct. City/State: Portland, OR Zip: 97221 Receipt No: 2.6273 (79g Primary Contact: Anne Leiser, Trustee Application Accepted By: Obi Phone: (503)245-0847 Fax: Date: 11/30/03 PARCEL-2 Date Determined Complete: 19,10//a5 Property Address/Location(s): 8040 SW Bonita Road, Rev N5/2001 i• rtrra reuse laadoc Tigard, Oregon Tax Map&Tax Lot#(s): 2S112BC00100 Site Size: 0.57 Acres Property Owner/Deed Holder(s)*: (Attach list If more than one) REQUIRED SUBMITTAL ELEMENTS Address: 8040 SW Bonita Road 97224 (Note:applications will not be accepted City/State: Tigard, OR Zip: without the required submittal elements) Primary Contact: Janice DeKorte Phone: (503)639-1465 Fax: (503)670-8423 Applicant*/Agent: pplication Form Address: 12755 SW 69th Ave., Suite 100 Owner's Signature/Written Authorization City/State: Portland, OR no: 97223 lel Title Transfer Instrument or Deed Primary Contact: Craig Brown, Matrix Development Corporation ❑ Preliminary Map (3 copies) Phone: (503) 620-8080 X. 222 Fax: (503) 598-8900 ❑ Site/Plot Plan (3 copies) L ❑ Site/Plot Plan (reduced 8 1/2" x 11") *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written ❑ Applicant's Statement (6 copies) authorization from the owner or an agent of the owner. The owner(s) ❑ Filing Fee $310.00 must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: two (2) parcels of 2.48 Acres and 0.57 Acres (number) (acreage or square footage) into two (2) parcels of 2.50 Acres and 0.55 Acres (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 2-1 day of 41)r 1 ( 20 3 0 . ne Signature Owner's Signature Owner's Si ature Owner's Signature Wednesday 16 of Apr Alb, Faxination —>503500 Page 2 of 6 • First American Title Insurance Company of Oregon 1700 SW Fourth Avenue,Suite 102 Portland, OR 97201 (503)222-3851 - Fax(503)790-7872 TRI-COUNTY TITLE UNIT XM REED TITLE OFFICER jireed @firstam.com Matrix Development Order No.: 7019-152702 12755 SW 69th Ave,#100 April 16,2003 Portland,OR 97223 Attn: Craig Brown Phone No.: (503)620-8080-Fax No.: (503)598-8900 Amended Preliminary Title Report ALTA Owners Standard Coverage Liability $ Open Premium $ ALTA Owners Extended Coverage Liability $ Premium $ ALTA Lenders Standard Coverage Liability $ Premium $ ALTA Lenders Extended Coverage Liability $ Premium $ Endorsement 100,116&8.1 Premium $ 50.00 Govt Service Charge Cost $ 50.00 Other Cost $ We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above,insuring title to the following described land: The land referred to in this report is described in Exhibit A attached hereto. and as of April 07,2003 at 8:00 a.m.,title vested in: Janice Dekorte Subject to the exceptions,exclusions,and stipulations which are ordinarily part of such Policy form and • the following: 1. City liens,if any,of the City of Tigard. Note: There are no liens as of April 14,2003. 2. Statutory powers and assessments of Clean Water Services. 3. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. This report is for the exdusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued,and the full premium paid. Wednesday 16 of Apr 2S, Faxination —>5035130O Page 3 of 6 Preliminary Report Or No.:7019-152702 Page 2 of 5 4. A Resolution establishing the Bonita Road Sanitary Sewer Reimbursement District,Resolution No. 92-12 including the terms and provisions thereof. Dated: March 24, 1992 Recorded: April 14, 1992 as Fee No.92024247 Executed by: City of Tigard 5. Deed of Trust and the terms and conditions thereof. Loan No.: 0018806760 Grantor/Trustor: Kenneth John DeKorte, a married person and Janice Ruth DeKorte,a married person Grantee/Beneficiary: PHH Mortgage Services Trustee: First American Title Insurance Company of Oregon Amount: $202,000.00 Dated: June 12,2002 Recorded: June 17,2002 Recording Information: 2002-068451 6. The following pertain to Lender's Extended Coverage only: a. Parties in possession, or claiming to be in possession, other than the vestees shown herein. b. Statutory liens for labor and/or materials, including liens for contributions due to the State of Oregon for employment compensation and for workman's compensation, or any rights thereto,where no notice of such liens or rights appears of record. -END OF EXCEPTIONS- NOTE: We find no judgments or United States Internal Revenue liens against Matrix Development NOTE: Taxes for the year 2002-2003 PAID IN FULL Tax Amount: $2,516.48 Map No.: 2S112BC-00100 Property ID: R0511798 Tax Code No.: 023.74 NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of$1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. - Certain conveyances may be exempt from said ordinance, in which case,Washington County will require a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are recorded (Including situations to meet lender requirements) either the transfer tax must be paid or affidavit acceptable to the County must be filed. Situs Address as disclosed on Washington County Tax Roll: 8040 SW Bonita Drive, Portland,OR 97224 THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! first American Tide Wednesday 16 of Apr 2•, Faxination —>5035.00 Page 4 of 6 Preliminary Report Order No.:7019-152702 Page 3 of 5 RECORDING INFORMATION Filing Address: Washington County 155 North 1st Avenue Hillsboro,OR 97124-3087 Recording Fees: $ 5.00 per page $ 6.00 per document(Public Land Corner Preservation Fund) $11.00per document(OLIS assessment&Taxation Fee) $ 5.00 for each additional document title $20.00 non-standard fee cc: Matrix Development cc: Janice Dekorte fiat American Title Wednesday 16 of Apr 2111,, Faxination ->503500 Page 5 of 6 Preliminary Report Order No.:7019-152702 Page 4 of 5 �1• n:�r a • First American Title Insurance Company of Oregon • SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY(10/17/92) The following natters are expressly excluded from the coverage of this policy and the Comas will not pay lose or damage,mats,atorreys'fees or esperees which arise by reason at 1. (a)Any taw,ordtra ce or governmental regulation(Including but not limited to budding and zahhg laws,ordinances,or regulations)rash ttkg,regulating,prohbtng or relating to(0 the occupancy,use,or enjoyment of the lad;(l0 the character,dimehsfas or location of any improvement now or hereafter erected on the land; (It)a mammon h ovrtersitjo or a change In the dmeuslons or area of the lad or any parcel of which the land is or was a part;or(h)ewfr nmental protection,or the effect of any violaton of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,ben or encarfrance resvdtrg from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy; (b)Any gorernmerrtal police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,ter or enammrake resulting from a violation or alleged violation affecttg the lad has been recorded in the public records at Date of Policy. 2. Rights of emhed domain udess notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has marred prior to Date of Policy which would be badig on the nits of a purchaser for value without knowledge. 3.Defeca,Ilan,enambrahees,adverse dales,or other mattes: (a)created,suffered,assumed or agreed to by the tweed claimant; (b)not ioowm to the Company,not recorded in the public records at Date of Policy,but known to the tared claimat ad not disclosed In writing to the Compaq by the tared da rnant prior to the date the tared claimant became an hared hide this policy; (c)resulting in no loss or damage to the tared claimant; (d)attadhng or created sbsepuart to Date of Policy(except to the extent that this policy hares the priority of the lien of the hawed mortgage over any statutory lien for services,labor or material or the extent nsuraoe Is afforded herein as to assessments for street improvements under ca buctkn or completed at date of Potty);or (e)readapt dug h ices or damage which would not have been sambhed if the hared claimant had paid value for the hared mortgage. 4.tkenfaoeablllty of the lien of the hawed mortgage became of the habiiy or failure of the hared at Date of Policy,or the hablgq or fai de of any s/seque nt owner of the i debtedles,to comply with the applicable'doing brahhes'laws of the state n which the land is situated. 5. invalidity or unedaceabglty of the lien of the hared mortgage,or claim thereof,which also out of Ow transaction evidenced by the tared mortgage and is based span wary or any consumer credit protection or truth in lending law. 6. Any statutory gar for services,Mar or materiels(or the claim of priority of any statutory lien for services,tabor or materials over the lien of the hared mortgage) arising from an Improvement or work related to the tad which is contracted for and commenced subsequent to Date of Policy and is not flatted in whole or in pat by proceeds of the indebtedness seared by the hawed mortgage relish at Date of Policy the hared has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction on creating the Merest of the mortgagee hared by trio policy,by reason of the operation of federal bankruptcy,state Insolvency,or singe credtors'rig?ds laws,that Is based on: (I)the transaction creating the hmaest of the hared mortgagee being deemed a fraudulent conveyance or fraudtlent transfer;or . (l0 the subordination of the Interest of the hared mortgagee as a result of the application of the doctrine of equItable subordination;a (ill)the transaction creatng the Interest of the hared mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of b sfer;or (b)of such recordation to brpat notice toe purchaser for value or a judgment or ben creditor. ALTA OWNER'S POLICY(10/17/92) The fofbwbg matters are expressly exclded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which ate by reason of: 1. (a)Any lev,ordinance or governmental regulation(including but not limited to building and zanhg laws,ordinances,or regulations)restrtttg,regulating,prohibiting or relating to(0 the ocapancy,use,or enjoyment of tc lad;(10 the character,dimensions or location of any bryrovemant now or hereafter erected on the land; (ti)a separation in ovmhershlp or a change In the dineskrs or area of the land or any parcel of which the land Is or was a part;or(b)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,gel or encumbrance resultkig from a violation or alleged violation affecting the lad has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,Bern or encumbrance • resulting from a violation or alleged violation affecting the lad has been recorded h the public records at Date of Policy. 2.Rights of emhert domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be badhg on the rigs of a purchaser for value without knowledge. • 3.Defects,liens,enaarbranees,adverse dams,or other mattes: (a)created,suffered,assumed or agreed to by the hared clalmaid (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the laved claimant and not disclosed h wring to the Compaq by the hared claimant prior to the date the hared clalrtant became an fared titer this policy; (c)revdthg In no loss or damage to the hared datrnai (d)at aching or created sbsequent to Date of Policy;or (e)resultng h loss or damage which would not have been sustained If the Insured clabnat had pakt value for the estate or interest laved by this policy. 4.Any claim,which arises out of the trasadi n vesting in the haired the estate or Merest tared by this policy,by reason of the operation of federal barbmuptcy,state insolvency,or similar creditors'ricks laws,that Is based on: (I)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (II)the trasactbn creating the estate or interest hared by this policy being deemed a preferential transfer except where the preferential transfer resins from the fable: (a)to timely record the instrument of transfer;or (b)of such recordation to ingot notice toe prc teaser for value or a)udgnne t or lien creditor. SCHEDULE OF STANDARD EXCEPTIONS The ALTA standard policy form will conical In Schedule B the following standard exceptions to coverage: 1. Taxes or melt which are not shown as eztsthg lies by the records of any taxing authority that levies taxes or assessment on real property or by the public records;proceedkg by a public agency which may result h taxes or assessments,or notice of suds proceedings,whether or not shown by the records of such agency or by the pblk records. 2. Any f acts,rights,haeests,or dales which are not shown by the public records but whim could be ascertained by an hapedion of said lad or by making hputry of pesos In possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public re cords,upatented mhhg dales;reservations or exceptions in patents or in Ads authorizing the issue=thereof;water rights,darts or the to wars% 4.Any lien,or rlgit toe lien,for services,labor or matahl theretofore or hereafter furnished,imposed by law and not shown by the public records. 5.Discrepancies,cortilkb h bardary lines,shortage In area,encroachments,or any other facts whim a correct survey would disclose. NOTE:A SPECB4B4 COPY CF 11-E POLICY FORM(OR FORMS)YYd1 BE RIRNIStit'UPON REQUEST TI 149 Rev.5.99 FyrstAmerican Tide ' J Wednesday 16 of Apr 2•, Faxination —>5035400 Page 6 of 6 Preliminary Report Order No.:7019-152702 Page 5 of 5 Exhibit"A" Real property in the County of Washington,State of Oregon,described as follows: PARCEL I: The East one-half of Lot 69,DURHAM ACRES,in the City of Tigard,County of Washington and State of Oregon,EXCEPTING THEREFROM the South 1/3 thereof,theretofore conveyed to Richard F. Paquette and Barney Paquette by Deed recorded September 11, 1944 in Book 234, page 559,Deed Records, Washington County,Oregon. Also Excepting that portion conveyed to the City of Tigard for road purposes by Deed recorded May 31, 1991 as Fee No. 91028276. PARCEL II: The Easterly 5 feet of the following described property,to-wit: The West one-half of the North 2/3 of Lot 69,DURHAM ACRES, In the City of Tigard,County of Washington and State of Oregon. Tax Parcel Number: R0511798 first American Tide Wednesday 16 of Apr 2•, Faxination ->5035*00 Page 1 of 6 • `�' Title Information: First American Title Insurance Company of Oregon 1700 SW Fourth Avenue, Suite 102, Portland, OR 97201 (503) 222-3651 - Fax (503) 790-7872 FIRST AMERICAN TITLE INSURANCE Ca FAX TRANSMITTAL TO: Matrix Development DATE: 04/16/2003 12:01:32 PM Attn: Craig Brown FILE NO.: 7019-152702 15035988900 FROM: Alysa Martinez Special Instructions/Comments: Amended title report-#7019-152702 Thank You For Your Business! We Know You Have A Choice., IMPORTANT NOTICE: Should any of these papers require an ORIGINAL SIGNATURE and your fax machine produces the facsimile on thermal paper,please PHOTOCOPY then sign the photocopy. We will°rot"accept an Original Signature on THERMAL fax paper. Thank you for your cooperation in this matter. IF TRANSMISSION OF ALL PAGES IS NOT COM PLETE OR IF AN ORIGINAL IS NEEDED, PLEASE CONTACT THE SENDER. •••...• • ■...■ • ■.■ • .. • ■■ ••• ••• ••••••• MATRIX DEVELOPMENT f4t5 sb o'3— CORPORATION April 29, 2003 Morgan Tracy City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Leiser Park(Lot Line Adjustment, Tax Lots 2S112BC 00100 and 00300) Dear Morgan: Enclosed are the following documents relating to the proposed lot line adjustment for the Leiser Park subdivision application: 1. Six copies of the narrative 2. Copy of the DeKorte preliminary title report, showing Janice DeKorte in title 3. Application fee in the amount of$310.00 Please advise if you need anything further in regard to this issue. Thanks. Sincerely, TRIX DEVELOPMENT CORPORTION Craig F. Brown Vice President R EC E'v F D Copy: Steve Roper- SR Design, LLC , % F-:,;3 Cl PLANNING/ENGINEERING 12755 SW 69th Ave.,Suite 100 Portland,Oregon 97223 503.620.8080-Telephone 503.598.8900-Fax • Leiser Park Subdivision Lot Line Adjustment A. Background Information • Property Location: Between S.W. 79th and 81se Avenues,just south of Bonita Road • Legal Description: Tax Map 2S112BC, Tax Lot 00300 Tax Map 2S112BC, Tax Lot 00100 • Comprehensive Plan Designation: Low Density Residential • Current Zoning: R-4.5 J-1117C 1L,8 v IL_D • Citizen Involvement A?,,i Team: South tai Y yr ,it2A90 PLANNING/ENGVEERINC • Applicant: Matrix Development Corp. Craig Brown, Vice President 12755 SW 69th Avenue, #100 Portland, OR 97223 (503)620-8080 x. 222 (503) 598-8900 • Project Engineer: SR Design LLC Steve Roper, PE 8196 SW Hall Blvd., Suite 232 Beaverton, OR 97008 (503)469-1213 (503)469-8553 B. Project Overview The applicant is proposing a Lot Line Adjustment of the line(s) between Tax Lots 100 and 300 of Tax Map 2S112BC. The lot line adjustment is necessary to create enough area to provide tax lot 100 a private driveway that does not front on SW Bonita Road. Upon completion of the lot line adjustment, the both lot areas will remain in excess of the R-4.5 zone, or greater than 7,500 square feet The lot areas will be as follows: Lot 100= 0.55 Acres Lot 300= 2.50 Acres The existing home located on Lot 100 will continue to utilize its original access off of SW Bonita Road. • • 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; 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; 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; 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; 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 d. Setbacks shall be as required by the applicable zoning district. RESPONSE: There is no additional parcel being created as a result of this lot line adjustment and the existing parcel being reduced in size is not being reduced below the minimum lot size allowed within the R-4.5 zoning district The lot being reduced in size will remain in compliance with the R-4.5 zoning district regulations. The resulting parcels both will remain in conformity with the dimensional standards of the R-4.5 zoning district. 4. With regard to flag lots: RESPONSE: Neither of the lots involved in the lot line adjustment are flag lots; therefore, this section 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: The length of the accessways will not change as a result of the lot line adjustment. The fire district has approved the current accessway lengths and no adjustments will be necessary. • • 6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. RESPONSE: A common drive is not necessary to serve more than one lot, and therefore this section does not apply. 7. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. RESPONSE: All accessways shall comply with the standards set forth in Chapter 18.705. CONCLUSION: Based upon the above information, it is our opinion that the required approval criterion has been satisfied. • • LOT LINE ADJUSTMENT AGREEMENT DATE: April 12, 2003 BETWEEN: MATRIX DEVELOPMENT CORPORATION 12755 SW 69th Ave., Ste. 100 Portland, OR 97223 ("Matrix") AND: JANICE DEKORTE 8040 SW Bonita Road Tigard, OR 97224 ("DeKorte") Recital DeKorte owns certain real property commonly known as 8040 SW Bonita Road in Tigard, Oregon, as more fully described on Exhibit A attached hereto (the "DeKorte Property"). Matrix has the exclusive right to purchase certain real property to the south and adjacent to the DeKorte Property as more fully described on Exhibit B attached hereto (the "Matrix Property"). The two properties have a common boundary and the parties wish to adjust that boundary. In order to do so, DeKorte wishes to convey to Matrix the southerly six feet of the DeKorte Property (the "Adjustment Parcel") in accordance with the terms and conditions set forth herein. Agreement Now, therefore, for valuable consideration, the parties agree as follows: 1. Conveyance of Adjustment Parcel. DeKorte agrees to convey the Adjustment Parcel to Matrix, and Matrix agrees to accept the Adjustment Parcel, on the terms and conditions set forth in this Agreement. Within fifteen (15) days after execution of this Agreement, Matrix shall retain at its expense a surveyor acceptable to Matrix to survey the Adjustment Parcel and prepare a legal description therefor. 2. Agreement to Cooperate. The parties agree to cooperate with each other in making any and all applications reasonably required to obtain governmental approval for the lot line adjustment contemplated hereby. DeKorte also agrees to cooperate with Matrix in any and all applications reasonably required for governmental and other approvals for the development of the Matrix Property and Adjustment Parcel by Matrix. Without limiting the foregoing, DeKorte shall timely sign such applications, consents and forms as may be reasonably required to obtain any such approvals and shall not hinder, cause delay or object to any such applications. Page 1 —LOT LINE ADJUSTMENT AGREEMENT • 4 • • 3. Easement and Improvements. In consideration of the foregoing agreements by DeKorte, Matrix hereby agrees to grant DeKorte a private, non- exclusive easement for access and utilities over, under and across the Matrix Property to the end of the northerly boundary of the Adjustment Parcel (the "Easement Area"). The specific location of the Easement Area shall be established by Matrix on the approved plat for the Matrix Property. In addition, Matrix shall, at its expense and at that time of its development of the Matrix Property, construct a paved road surface and install storm, sewer and water facilities (collectively, the "Improvements") across the Easement Area to the end of the northern boundary of the Adjustment Parcel. The Improvements shall be engineered and constructed by Matrix as reasonably necessary to accommodate a development of the DeKorte Property(less the Adjustment Parcel) consisting of three (3) residential lots. Matrix shall have no obligation to pay any hook-up, connection or similar fees or charges required for the DeKorte Property to be served by the Improvements or other utilities located in the Easement Area. 4. Condition Precedent. The obligation of Matrix to grant an easement and construct the Improvements as provided in Section 3 is conditioned upon the parties obtaining final governmental approval for the lot line adjustment contemplated hereby and upon Matrix obtaining all final governmental and other approvals necessary for the development of the Matrix Property and Adjustment Parcel on such terms and conditions as are acceptable to Matrix in it sole discretion. In the event any such approvals are not obtained or if Matrix otherwise elects to not pursue development of the Matrix Property for any reason, Matrix may terminate this . Agreement by written notice to DeKorte, at which time all obligations under this Agreement shall be null and void. 5. Closing. Conveyance of the Adjustment Parcel by DeKorte shall take place within forty-five (45) days after approval of a preliminary plat for the subdivision of the Matrix Property becomes final (the "Closing Date"), at the offices of First American Title Insurance Company of Oregon, 200 S.W. Market, Portland, Oregon 97201. The Closing Date shall be extended for a period equal to the length of any appeal of preliminary plat approval,provided at all times during such extension Matrix diligently pursues or defends such appeal. Each party shall pay one-half of the escrow fee and one-half of any transfer or documentary stamp taxes. Real property taxes on the Adjustment Parcel for the current tax year, and other usual items shall be prorated as of the Closing Date. 6. Preliminary Title Report. Within ten (10) days after full execution of this Agreement, Matrix shall obtain a preliminary title report showing the condition of title to the Adjustment Parcel, together with copies of all exceptions listed therein (the "Title Report"). Matrix will have ten (10) days from receipt of the Title Report to review the Title Report and notify DeKorte, in writing, of disapproval of any exceptions shown in the Title Report. Those objections not so objected to are referred to below as the "Permitted Exceptions." Zoning ordinances,building restrictions, Page 2 —LOT LINE ADJUSTMENT AGREEMENT • • taxes due and payable for the current tax year, and reservations in federal patents and _ state deeds shall be deemed Permitted Exceptions. If Matrix notifies DeKorte of disapproval of any exceptions, DeKorte shall have ten (10) days thereafter to remove such exceptions. If DeKorte does not remove the exceptions, Matrix may terminate this Agreement by written notice to DeKorte, in which event this Agreement shall be null and void. 7. Deed and Possession. On the Closing Date, DeKorte shall execute and deliver to Matrix a Statutory Warranty Deed conveying the Adjustment Parcel to Matrix, free and clear of all liens and encumbrances except the Permitted Exceptions. Matrix shall be entitled to possession of the Adjustment Parcel immediately on the Closing Date. 8. Representations. DeKorte hereby represents and warrants that(i) they know of no material defect with respect to the Adjustment Parcel; (ii) they have received no written notice of any liens to be assessed against the Adjustment Parcel; (iii) they have received no written notice from any governmental agency of any violation of any statute, law, ordinance, rule or regulation with respect to the Adjustment Parcel; (iv) they are not a "foreign person" as that term is defined in IRC Section 1445; and(v) to the best of DeKorte's knowledge, no environmentally hazardous materials or wastes have been stored, discharged, dumped, released or deposited in, on or under the Adjustment Parcel and no underground storage tanks exist on or under the Adjustment Parcel. All representations and warranties contained in this Agreement shall survive closing. 9. Binding Effect. This Agreement is binding on and will inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. 10. Remedies. TIME IS OF THE ESSENCE OF THIS AGREEMENT. The parties hereto shall have all rights and remedies available under the law and equity with respect to default hereunder by the other party. _ 11. Attorney Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the losing party reasonable attorney-fees incurred in such action as set by the trial court and, in the event of appeal, as set by the appellate courts. 12. Notices. All notices and communications in connection with this Agreement shall be given in writing, either by personal delivery, or shall be transmitted by certified or registered mail,return receipt requested, to the appropriate party at the address first set forth above. Any notice so mailed shall be deemed effective on the date it is placed in the United States mail, postage prepaid. Either party may, by written notice, designate a different address for purposes of this Agreement. Page 3 —LOT LINE ADJUSTMENT AGREEMENT ti . • 13. Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect to the lot line adjustment contemplated hereby. This Agreement supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties. This Agreement may not be modified or amended except by a written agreement executed by both parties. 14. Applicable Law. This Agreement shall be construed, applied, and enforced in accordance with the laws of the state of Oregon. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. 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 APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. DEKORTE: MATRIX: Janic DeKorte Title: V--/i 1883555.2 Page 4—LOT LINE ADJUSTMENT AGREEMENT a a • t�X►-1 151 .7- 4 0 2 8 2 NotovotoivivioklomilocritAGACkoh.lotor%live% 330.95 o 87.44633 to ' r,,��3 + n 91-37369 9) 2TH 1200 ,50.0 -� 200 114.b 1 100 170. .20 Ac. OZ .53 AC. I, . 7A c. 1 1201 141.1? ` °� 0 !0 .2°4A mo < • 1 N 4 Q ►6 141.64 N • 9 1203 -�«`�P. — — — ._. 1 Cs 13.849 41 ./74 .. °se z5 . 20 11 1202 2 2.48 1 152.3e 334.95 `j > 334.98 `j » I IX ‘‘\ ` w pi 9 S 60 co pi \) 9 . 1 d 0. 20' SEE MAP 9 e0.01 50 1759 100' 37'• 2S t 128D 300 7800 r. 8800 8900 LU 2 I m g � 12 P.i 3 0 ♦ 100' • - it j a v t. 40.11 a 61.99 �+ 1�� ' 9000 /III /e �ti0 'es 13 p. 'AROLE 02T 142.84 0 35' IOd b ss 135 )4133.024 69.09 `,�.'�j 8700 9100 L I 6400 8500 e' �•• m 10 a 14 g I e N v 143.18 g 135' i 7 _ o r 8 "" 8600 m vs 9200 00 0 rte' 9 a � 15 id to 82.92 64.03 • 50' • a a 135' _Ilk L9 07 --,E_-.6 en a. I ww as I tw.J t 9A i1 _ 0 0 2 Q 2 ign.............. Nolo....,...........318:1,e0GAD,,,.,....r.....K, 1r . irt 40.69 hult 87.44833 4•40, " r 4, 2 91-13147.369 1200 1 55 ILI 200 1 1 106- - im 5 .20 Ac. OZ .534 1 .57Ac. 1- - I I W -IP 1•-5 , lo 1 .1 >, I -1------1 1%1 SM 1201 1 1r, 0 0. 0q, . . ' 0 2. 0Aa 61 c. " I•6 w ei .7 1 69 l 141.64 N 1 P. 1 ( . 1203 • 1.- ..... - - - -_ • b i il ./7Ac. 6 1- i . , p ,I 1202 25 20 Cii--). • II ./7Ac. 2 2.48 152.38 334.95 2/311 "cc:N 4.98 - 7 tA os t,,\ pi so pi so 9 1 N 60 • • . \.) . c) . zok SEE MAP sd 80.01 100' 371 2S 1 1280 50 175.59 300 7800 ....... 8800 6 8900 2 g 1....3 12 2 la I m • o • N 2 4 lo 01 A MOM gp I I .2 *4. • 0). 9000 4 40.11 81.98 4, • -in 13 10 :A R 0 L E Off --• e 142.84 -• /3e loci 6 osp eA'a_ 8700 0 1351 )61:33.02• 68.09 $.-"0 - b. 9100 6 - 8500 0 - 0 0 lo 10 0 • 14 . -1 8400 0.- • cn . 143.78 135' a 7 .1 8 i 1.." 8600 • A 9200 -12 r" 2 03 is ta 9 0 01 al 0 15 in id 2-■ EL1454.03 30, . co la to 82.92 1356 .3%... ......"9 l■''' '..-1'lb-1k 3014. 1 9 .op . 9 -- -- 0 I -...-...-m. Apr 19 03 01 : 00p SR Design LLC 5034698553 p. 1 • SR Design Engineering—Planning—Surveying • To: Morgan Tracy Fax: (503) 684-7297 Of: City of Tigard Project#: MAT001, D1 • From: Steve Roper Date: 4/19/2003 Re: Lot Average after LLA ( Pages: 3 including cover cc: ❑ Urgent ✓ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Notes: Morgan, here is the lot averages after we would finish the LLA on Leiser Park. Janice DeKorte signed the LLA application yesterday and Craig has to get a signature from Anne Leiser. Should be good to go next week. Just thought I would give you an exhibit for your records. • 8196 SW Hall Blvd., Ste.232, Beaverton,OR 97008, Ph: (503)469-1213 Fax:(503)469-8553 t . -a 1 169.69' tD 0 W O -. .. lc O a O 23,539 s.f. = 0 22,515 O. I I i 73 TL 900 1 r• _ 170.78 r I I p —78.2' 92.6' — C7 140.9' -2 -- _ T—� —110.0' -- —25.9' 7721 1 I 7523 I '5 i I 1 LOT 9 LOT 10 I f I LOT 6 In It I I -co 7,225. sq.ft. �I 15' PRIVATE a0 t0 / �I UTILITY EASEMENT I J } Li i Lr1 TILITY EASEMENT (UTILITY EASEMENT r 110.0- - -- 92Q _ _-1 _ _ ".�5:6° _68.2 — --�-^—�65.Z`�—' ) I 69'-g -F1/../ 69.9' 69.9x- 0 1 I 15' PRIVATE I - - -I � — — '— '-1 — — Q1 UTILITY EASEMENT I - t �EwsnNG 15' I I I I LI SANITARY SEWER 15' STORM CO r— I EASEMENT EASEMENT CO 0f� I I 7258 z �1 20 ' I (PROPOSED TO BE Il VACATED) °I °I b II--I ^ 791a �i �1 LOT 5 0l LOT 7 co LOT 8 o v ul I 7,353. sq.ft. — 7,366, sq.ft. — ^ Q " - LOT 11 rI LOT 12 01 LOT 13 I I M 7,385. sq.ft. I 7,386 sq.ft. 7,389. sq.ft. I I 8' P.U.E. (TYP) I ' S*W. LEISER • 00 I rat) 52.4' 68.2' �__. 65.2' I - 69.9' —• I I 69.9' —__-±___— 69.9' - R=16.0' L=25.3' 'I I N I — — — - - — — — I 1 -- — — - I 8171^ I R=16.0' 25.0' R=16.0' I I R=16.0' ( L=25.1' 7 V L=25.2' I 1=24.9' I -- - I i I I Apr 19 03 01 : 01p SR Tesign LLC 50198553 p. 3 Leiser Park Layout Average Lot Size Updated: March 25, 2003 1 7,372 2 7,374 3 7,379 4 7,479 5 7,353 6 7,225 7 7,366 8 7,258 9 7,721 10 7,523 11 7,914 12 7,386 13 7,389 14 7,392 15 7,416 16 8,226 17 7,374 18 7,379 19 8,098 142,624 19 # lots (density) 7,507 avg lot size (sq. ft.) 142,624 43560 3.274197 7,500 Minimum lot size 19.02 maximum density 0.80 15.21 minimum density