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MIS2006-00013
-.N:O.TI:CE;,OF�=TY1?E:�I rI)ECI V lb LO.T I IN.E:AD USTMEN - - T=- MIS =2006=0.001 - Pins:..:•:•.- .. N.ORINLOT=LI-N AD U -5f 120 DAYS = 11/03/2006 SECTION I. APPLICATION SUMMARY FILE NAME: NORIN LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2006-00013 PROPOSAL: The applicant proposes to adjust one lot line, which will reconfigure two different lots at 14170 SW 119th Place and 11940 SW Treehill Court. The applicant desires to adjust the lot line separating Lots 1 and 2 in order to facilitate future development. Lot 1 is 42,075 square feet and will become 30,060 square feet;Lot 2 is 23,696 square feet will become 35,711 square feet. APPLICANT: Robert Norin 14170 SW 119th Place Tigard,OR 97224 OWNER LOT 1:Robert Norin and Sandra K Norin Address same as applicant LOT 2: Same as above LOCATIONS: LOT 1: WCTM 2S110BA,Tax Lot 02200, 14170 SW 119th Place (42,075 square feet) LOT 2: WCTM 2S110BA,Tax Lot 02300, 11940 SW Treehill Court (23,696 square feet) COMPREHENSIVE PLAN DESIGNATION: R-4.5: Low-Density Residential District • ZONING: 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, 18.430 and 18.510. SECTION II. DECISION on is� eteli' v'"n�� -:f�- e :A..,,::....P.:.,_-.. .. i' :has P_ROVE�. Dt nodtio rid.cnclsioris on-which the'decision-is are:notedan;Sectlon.N: NOTICE OF TYPE I DECISION MIS2006-00013-NORIN LOT LINE ADJUSTMENT PAGE 1 OF 4 CONDITION OF APPROVAL° THE FOLLOWING CONDITION ::SHALL"BE SATISFIED_:WITHIN; 18, MONSTHS OF THIS:DECISION: • Unless otherwise noted, the staff contact shall be Emily Eng in the Planning Division at (503) 718-2172. 1. The lot line adjustment survey map shall be recorded with Washington County within 18 months of this decision. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. TH. -APP - ';L - IS ROVAI >SHAII`i>BE=VALID=EOR='181VION'TH EFFECTIVE:DA.TE�.OF�THhS:DECISION:. SECTION III. BACKGROUND INFORMATION Site Information: Lot 1 (Tax Lot 02200) and Lot 2 (Tax Lot 02300) are located at the intersection of 119th Place and Treehill Court within Tigard's Incorporated Boundary. Specifically, Lot 1 is located at the end of 119`'' Place, a cul-de-sac, and Lot 2 is located along the end of Treehill Court, on which it has approximately 18-20 feet of frontage. Treehill Court currently serves 5 single family dwellings, which were developed as part of a 14-lot subdivision. The 4 adjacent parcels to the south are zoned R-2 (20,000 square foot minimum lot size) and developed with single-family homes with frontage on McFarland Boulevard. These parcels were developed as part of a 41-lot subdivision. The neighboring parcels to the east and west of the subject site are single-family dwellings on a 0.59-acre lot and 1.67 acre lot, respectively. Currently, one smgle-family dwelling exists on Lot 1. Lot 1 has access to Gaarde Street through a 25- foot easement, which becomes 119t Place, a private road. Lot 2 has frontage on Treehill Court, a private road. Any future development will be subject to current access and street standards. Proposal Description: The applicant proposes to adjust one lot line, which will reconfigure two different lots. The applicant desires to adjust the lot line separating Lot 1 and Lot 2. Lot 1 is 42,075 square feet and will become 30,060 square feet; Lot 2 is 23,696 square feet will become 35,711 square feet. The applicant desires this lot line adjustment to facilitate future development. 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; Two lots exist and two lots remain. Both lots will continue to exceed the minimum lot size. Therefore, no additional lots are creathd by this lot line adjustment and neither parcel is reduced below the minimum lot size (7,500 square feet) established by the zoning district. This criterion is met. 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; Reducing the size of Lot 1 will not cause the existing dwelling to be in violation of site development regulations or those of the R-4.5 zone. NOTICE OF TYPE I DECISION MIS2006-00013-NORIN LOT LINE ADJUSTMENT PAGE 2 OF 4 • The resulting parcels a in conformity with the dimensioNstandards 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. 1) The building envelope width of Lot 1 is approximately 140 feet and therefore exceeds the minimum standard of 50 feet. No structures exist on Lot 2. Therefore, this criterion is met for Lot 1 but does not apply for Lot 2. 2) Both lots will continue to comply with the minimum lot area of the R-4.5 zone and neither lot will be a flag lot. Therefore, this criterion is met. 3) Lot 1 will continue to have access to Gaarde Street through a 25-foot easement. Lot 2 will have an increased frontage on Treehill Court (approximately 175 feet). 4) The existing house on Lot 1 remains in compliance with setback standards. No structures exist on Lot 2. Therefore, this criterion is met. 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. Neither Lot 1 or Lot 2 is a flag lot. Therfore, this criterion 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. No new access way will be created as a result of this lot line adjustment. Therefore, this criterion 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. - A common drive has not been shown to be necessary at this time. Therefore, this criterion does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. The existing access easement from Lot 1 is 25 feet wide and complies with Chapter 18.705, which meets this criterion. No access way exists on Lot 2. Therefore, this criterion does not apply for Lot 2. 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. This lot line adjustment is not a development action. 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. NOTICE OF TYPE I DECISION M1S2006-00013-NORIN LOT LINE ADJUSTMENT PAGE 3 OF 4 • FINDING: Based on that alysis above, Staff finds that the Lot LOAdjustment criteria have been met for Lot 1 and Lot 2. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was mailed to the applicant and owners 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 JULY 13, 2006, AND BECOMES EFFECTIVE ON JULY 14, 2006. Questions: If you have any questions, please contact Emily Eng or the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 718-2172. July 13.2006 PREPARED ly Eng DATE Assistant Planner NOTICE OF TYPE I DECISION MIS2006-00013-NORIN LOT LINE ADJUSTMENT PAGE 4 OF 4 • CITY of TIGARD I / GEOGRAPHIC INFORMATION SYSTEM R VICINITY MAP II I- ao SW GAARDE ST GAARDE ST M I S2006-00013 �� J LANE / I. NORIN LOT III 1— / LINE ADJUSTMENT Q / Ci) I RE i DLER DRIVE ''/^� .� V/ \ \ p .IS FE-R ��`� B �- , , PO��\ �\ FEaati / 1 . N. _ st . BEEF BEND R0..•LY CT :5 MCFARLAND BLVD • O CT • 0 100 200 300 Feet ` t 1' 239 feet p i 0 v WILDWOOD ' I`IARD Information on this map Is for general location only and if should be vetted with the Development Services Division. 13125 SW Hall Blvd IXTigard,OR 97223 LL. (503)639.4171 W htlp;lfwww.ci.tigard.or.us Plot date:Jul 13 2006;C:\magicUVIp,GIC03.APR • Community Development , • • 1 • CITY OF TIGARD. SITE PLAN I Approved �.. ._._. [ j, FOR BOB NORIN IN ME NE 1/4 OF ME NW 1/4 OF SECTION 10, Conditionally Approved.. _......._.». ...._...._ [X j —25.00' OTY OF TIGARD For only t e wor as described in: WASHINGTON COUNTY OREGON INGRESS-EGRESS SCARE t'■20' JUNE 29,2006 EASEMENT PERMIT O. • • See Le er to: ollow......_.._......__.. FOUND Y ALUMINUM DISC Attach - - _ . I �e LOT 10 LOT 1.1 LOT 12�Ob r, [ .\ • a�' Date:�i.4. I - LOT 14 , • I' EDGE OF ASPHALT PAVING 1 I FOUND 2'ALUMINUM DISC\ FOUND 2 ALUMINUM DISC I B.W.TREEH41 COURT "e I I Pk_ —— __ (PRIVATE ROAD 1RACT.'B') i o I / I\ -' i. __ _ EDGE OF ASPHALT PAVING__._ J / — ---N69.56'SS: 342.59• I I r6P56'S5'E 64. N695t1'SST 277.73'J ff �� \ % FOUND 5/6'IRON ROD -- I EXISTING FENCE WIM YELLOW PI.ASOC • \ CAP INSCRIBED 'SUMMERS PLS 1042 • S6709'4714 2.32' • • i I R. 104.50' • ' gL= 53.40' CASWELL/ I • 01 HERTEL ._ •j SURVEYORS INC. .AVE. 38.37' I BEAVERTON,ZOREGON 97008 • (503) 644-3179 II I \\ 67.33' / �n�� `G�•i jCLEANWT �ic� `� 12015 S0. FT.• \ . BooK 1150 PACE_953 REGISTERED�' TAX LOT 2300 251 10BA CLAND0RSEUGROVNEYOR F 7 ' 23696± S0. FT. - �(ris/P /7✓�L F-30.Q/\ W BEFORE ADJUSTMENT 6 \ S' 35.711±.SO. FT. wI r, `r $ AFTER ADJUSTMENT W ALB lice / iI I EXIR0/07 i \ fs SS.]1 CIEAN\ a'''"•.------ V, .. 8• \\kT W \ PROPOSED 1a00'SEWER EASEMENT • \\ 39.97' p \ \ SS EXISTING SANITARY SEWER UNE \ II TAX LOT 2200 2S1 10BA ~' \ \ I 42075± SO. FT. \\ \OEANOUT II • . BEFORE ADJUSTMENT \ I I I 30,060± SO. FT. h I I °Z I • I 56,75• AFTER ADJUSTMENT•__J • ��� I I . • U $ 25.00'—+ I I • FOUND 5/6'IRON ROD — I INGRESS-EGRESS EASEMENT \ • — N69•SB'13'E 189.09' l_ _N6756'1ST 173.69 _ STORM MANHOLE — LOT 43 LOT 42 LOT 22 LOT 23 . SANITARY MANHOLE JOB NO.7257 • e IR A UPI FFIDAVIT OF MAILING TIGARD I, Doreen R. Laughlin, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard,Washington County, Oregon and that I served the following: (Check Appropnate Boss)Below © NOTICE OF DECISION FOR: MIS2006-00013—NORIN LOT LINE ADJUSTMENT (File No/Name Reference) ❑ AMENDED NOTICE '® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, on July 13,2006,and deposited in the United States Mail on July 13,2006,postage prepaid. (Person that Prepared otice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the l 3 day of Oder4ei�� ,2006. r) :'.'''z. OFFICIAL SEAL ) f . DIANE U JELDERKS } ( , NOTARY PUBLIC-OREGON I( I 1 MY COMMISSION N EXPIR SNSEPT.205,20070 4' Cee4L N ARY PUBLIC O' • ' GO My Commission Exp. • X llRIT • NOTICE OF TYPE I DECISION V, LOT LINE ADJUSTMENT (MIS) 2006-00013 NORIN LOT LINE ADJUSTMENT T I GA RD 120 DAYS = 11/03/2006 SECTION I. APPLICATION SUMMARY FILE NAME: NORIN LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2006-00013 PROPOSAL: The applicant proposes to adjust one lot line, which will reconfigure two different lots at 14170 SW 119th Place and 11940 SW Treehill Court. The applicant desires to adjust the lot line separating Lots 1 and 2 in order to facilitate future development. Lot 1 is 42,075 square feet and will become 30,060 square feet;Lot 2 is 23,696 square feet will become 35,711 square feet. APPLICANT: Robert Norin 14170 SW 119th Place Tigard, OR 97224 OWNER: LOT 1: Robert Norin and Sandra K. Norin Address same as applicant LOT 2: Same as above LOCATIONS: LOT 1: WCTM 2S110BA,Tax Lot 02200, 14170 SW 119th Place (42,075 square feet) LOT 2: WCTM 2S110BA,Tax Lot 02300, 11940 SW Treehill Court (23,696 square feet) COMPREHENSIVE PLAN DESIGNATION: R-4.5: Low-Density Residential District ZONING: 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, 18.430 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 the condition of approval below. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION MIS2006-00013-NORIN LOT LINE ADJUSTMENT PAGE 1 OF 4 • CONDITION OF APPROA THE FOLLOWING CONDITION SHALL BE SATISFIED WITHIN 18 MONSTHS OF THIS DECISION: Unless otherwise noted, the staff contact shall be Emily Eng in the Planning Division at (503) 718-2172. 1. The lot line adjustment survey map shall be recorded with Washington County within 18 months of this decision. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: Lot 1 (Tax Lot 02200) and Lot 2 (Tax Lot 02300) are located at the intersection of 119`h Place and Treehill Court within Tigard's Incorporated Boundary. Specifically, Lot 1 is located at the end of 119`h Place, a cul-de-sac, and Lot 2 is located along the end of Treehill Court, on which it has approximately 18-20 feet of frontage. Treehill Court currently serves 5 single family dwellings, which were developed as part of a 14-lot subdivision. The 4 adjacent parcels to the south are zoned R-2 (20,000 square foot minimum lot size) and developed with single-family homes with frontage on McFarland Boulevard. These parcels were developed as part of a 41-lot subdivision. The neighboring parcels to the east and west of the subject site are single-family dwellings on a 0.59-acre lot and 1.67-acre lot, respectively. Currently, one sin?le-family dwelling exists on Lot 1. Lot 1 has access to Gaarde Street through a 25- foot easement, w Zich becomes 119`h Place, a private road. Lot 2 has frontage on Treehill Court, a private road. Any future development will be subject to current access and street standards. Proposal Description: The applicant proposes to adjust one lot line, which will reconfigure two different lots. The applicant desires to adjust the lot line separating Lot 1 and Lot 2. Lot 1 is 42,075 square feet and will become 30,060 square feet; Lot 2 is 23,696 square feet will become 35,711 square feet. The applicant desires this lot line adjustment to facilitate future development. 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; Two lots exist and two lots remain. Both lots will continue to exceed the minimum lot size. Therefore, no additional lots are creat'd by this lot line adjustment and neither parcel is reduced below the minimum lot size (7,500 square feet) established by the zoning district. This criterion is met. 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; Reducing the size of Lot 1 will not cause the existing dwelling to be in violation of site development regulations or those of the R-4.5 zone. NOTICE OF TYPE I DECISION 4\4IS2006-00013-NORIN LOT LINE ADJUSTMENT PAGE 2 OF 4 The resulting parcels in conformity with the dimension•andards 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. 1) The building envelope width of Lot 1 is approximately 140 feet and therefore exceeds the minimum standard of 50 feet. No structures exist on Lot 2. Therefore, this criterion is met for Lot 1 but does not apply for Lot 2. 2) Both lots will continue to comply with the minimum lot area of the R-4.5 zone and neither lot will be a flag lot. Therefore, this criterion is met. 3) Lot 1 will continue to have access to Gaarde Street through a 25-foot easement. Lot 2 will have an increased frontage on Treehill Court (approximately 175 feet). 4) The existing zouse on Lot 1 remains in compliance with setback standards. No structures exist on Lot 2. Therefore, this criterion is met. 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. Neither Lot 1 or Lot 2 is a flag lot. Therfore, this criterion 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. No new access way will be created as a result of this lot line adjustment. Therefore, this criterion 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. - A common drive has not been shown to be necessary at this time. Therefore, this criterion does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. The existing access easement from Lot 1 is 25 feet wide and complies with Chapter 18.705, which meets this criterion. No access way exists on Lot 2. Therefore, this criterion does not apply for Lot 2. 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. This lot line adjustment is not a development action. 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. NOTICE OF TYPE I DECISION MIS2006-00013-NORIN LOT LINE ADJUSTMENT PAGE 3 OF 4 FINDING: Based Ale analysis above, Staff fords that the Lgetne Adjustment criteria have been met for Lot 1 and Lot 2. • SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was mailed to the applicant and owners • 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 JULY 13, 2006, AND BECOMES EFFECTIVE ON JULY 14, 2006. Questions: If you have any questions, please contact Emily Eng or the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 718-2172. July 13. 2006. PREPARED _- ' y Eng DATE Assistant Planner NOTICE OF TYPE I DECISION M1S2006-00013-NORIN LOT LINE ADJUSTMENT PAGE 4 OF 4 CITY of TIGARD Lti S V../ A II k: 0 R *AC NIFY MAP (1) = • ===.======= G A A 1:-?,D S GATARDE S (3201)6-00013 • A NI NO R. N LOT AD,..q.,ISTMENT •trr..„.•"- A e' \fr 1..)1.;•::IR; R SITE • • .• tk- •c•-•- • • • : ••,'•.'"• • \‘...) tss- • • MCFARLAND Bl...VD os„ •• • • .• • IA/ LDWOOD ST • ss.,. .• • • • COTY OF TOGARD SITE PLAN I F. . Approved Approved FOR BOB NCRIN • _ Condition IIy M THE NE 1/4 OF 1HE NW 1/4 OF SF.CDON 10. S 2500 •-1 6S For only t e wor as described CITY OF hOARD INGRESS-EGRESS I o d ibd in: WASHINGTON COUNTY OREGON EASEMENT PERMIT O. SCALE r.•20' JUNE 29,2006 • _......_... _..._[ l See Le er 40: ollow 0' 20 40 • 60 FOUND 2•ALUMINUM DISC Attach [ I LOT 10 LOT 11 LOT 12j job r IN. E;' '� Date. . I LOT 14 I EDGE OF ASPHALT PANNC '1 I FOUND 2•ALUMINUM DISC FOUND 2•ALUMINUM DISC I 8.W.TREHI.L COURT �o I I ___ (PRIVATE ROAD TRACT'B•) I o I / ' g __ _ EDGE OF ASPHALT PAWN°_____ J • ' I N89'S8'55'E 312.59' 1 171719'56.55-E EXIS 84.af \ X N89'S8'55T 277.7 ___...----i r EXISTING FENCE / FOUNO 5/8•IRON ROD I ....... CA YELLOW PIASDC CAP INSCRIBED •SUMMERS PLS 1042• R= 104.50' 582'09'4718 2.32' • • 1 L= 53.40• CASWELL/ 1 •j I SURVEYORE.SRNC.. a 6150 S.W. 124th AVE. I 38.37 I BEAVERTON, OREGON 87008 (503) 644-3179 II 1� I �\ 97.33• j �'�� .L 3� CLEANOUT Z"?` `i;� P 12015 S0. FT. / \ - o� ''_:°-'1 BOOK 1150 PAGE 953 REGISTERED X0,.4"* TAX LOT 2300 2S1 108A AND SURVEYOR I (LAND SURVEYOR \ \j• 23696± SO. FT. /, ,,`//-`�,./�� I �� / BEFORE ADJUSTMENT GG��[/`4/l� 17�1.1Zf x-30.0 ___I°- I S'S' 35.711± SO. FT. ;71.1 OREGON 6 AFTER ADJUSTMENT o Ale 1tl98 I S I \ i \ / \ l EXPIRES 8/30/07 I \ / 55.31' CLEANOUT i .1.' r l\ , �/� S 0 i \ k, \ 09�'•w /�• ' \ \\/PROPOSED 15.00'SEWER EASEMENT �1 � \ \ • I59.91 \ \ JS' \ /EXISTING SANITARY SEWER UNE 1I I TAX LOT 2200 2S1 10BA T / \ /�1/� \ I \ \ 42075± S0. FT. \ CLEANOUT II I BEFORE ADJUSTMENT ;.7.4' \ I \ i. 30.060± SO. FT. / 58.35 AFTER.ADJUSTMENT ,�1? U 8 U •25.00' k I I I FOUND 5/9•IRON ROD\\• INGRESS-EGRESS I I I C EASEMENT \\♦ — N89'S8'15•E 169.09' I N8758_15E 173.69 STORM MANHOLE LOT 43 LOT 42 LOT 22 LOT 23 P = . SANITARY YANHI)LE JOB N0.7257 • • 2S110BA-02200 • . NORIN ROBERT S n1-5 (o-0001 SANDRA K EXHIBIT. 14170 SW 119TH PL `�• �;r � V ' " TIGARD,OR 97224 )jc■v� Lo `\ 2S110BA-02300 I v ry�e/` NORIN ROBERT S/SANDRA KAY 14170 SW 119TH PL TIGARD,OR 97224 • LOT LINE ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171fr.1503) 684-7297 CEE VED GENERAL INFORMATION JUL 4 2006 PARCEL 1 CITY OF TIGARD Property Address/Location(s): t4‘i 0 1 I9 ?t. PLANNING/ENGINEERING k A(-D Tax Map &Tax Lot#(s): 2 S 1 i O BA 022.00 FOR STAFF USE ONLY Site Size: O,9(o AC- Case No.(s): .4(5 ODOL3 Property Owner/Deed Holder(s)*: (Attach list if more than one) Address: 1400 5uJ i I°► e L Other Case No.(s): City/State: 1 16-A-A-0 13`i Zip: 6/1114 Receipt No.: 61/4-T-0w 337R Primary Contact: R03er" Neez-i N Application Accepted By: Phone: 503 -(4`2;Q 0-1 g Fax: Date: 7 f 4,(O to PARCEL 2 Date Determined Complete: i 6 7-2='O i Property Address/Location(s): ` F1/40 SO 7z ►t.L CT Rev.7/1/05 is\curpin\masters\revised\Ilaa.doc TI6P(0 Tax Map &Tax Lot#(s): a2 S I i O B A O2 3 0O Site Size: ,S AC Property Owner/Deed Holder(s)*: (Attach list if more than one) • Address: (4010 S:.v REQUIRED SUBMITTAL ELEMENTS City/State: 'T 16, V 2 Zip: C '7`2 z 4 (Note: applications will not be accepted without the required submittal elements) Primary Contact: Itobtarc: Nor.i Phone: S0 3 -(0 2c O'1 g 1 Fax: /Application Form Applicant*/Agent: 2 Owner's Signature/Written Authorization Address: 14110 S t 0 i 1 t . L KY Title Transfer Instrument or Deed City/State: T IG-1 9 0 f Zip: 5 i 'L , 4 2/. Preliminary Map (2 copies) Primary Contact: I:e..q::.n7 "fort.; I Site/Plot Plan (2 copies) . Phone: cOd - l,2. --on gt Fax: ❑ Site/Plot Plan (reduced 81/i'x 11") *When the owner and the applicant are different people, the applicant Applicant's Statement,(2 copies) must be the purchaser of record or a lessee in possession with ddress Criteria in TDC 18.410.040) written authorization from the owner or an agent of the owner. The 124iling Fee i.4547041 owner(s) must sign this application in the space provided on the back 14.0_ of this form or submit a written authorization with this application. Jurisdiction: Jty ❑ Urb PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: Parcels of O. 9t0Acand 0 , 5 5 Ac (number) (acreage or square footage) into 2 parcels of O. t'0 7Ae and 01 8 2 AC (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 4 day of , 20 /271Ov4L Applicant/Authorized Agent's Signature Owner's Signature Owner's Signature Owner's Signature CITY OF TIGARD 7/6/2006 13125 SW Hall Blvd. 12:58:23PM Tigard,Oregon 97223 TIGARD (503)639-4171 Receipt #: 27200600000000003398 Date: 07/06/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2006-00013 [LANDUS]Lot Line Adjustment 100-0000-438000 407.00 MIS2006-00013 [LRPF] LR Planning Surcharge 100-0000-438050 61.00 Line Item Total: $468.00 oments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid CreditCard ROBERT S NORIN ST 016789 In Person 468.00 Payment Total: $468.00 cReceipt.rpt Page 1 of 1 • 14170 SW 119th Place Tigard OR 97224 ' 6 July 2006 City of Tigard Planning Dept 13125 SW Hall Blvd Tigard OR 97223 Dear Planning Department: Please accept our application for a Type I Lot Line Adjustment between two parcels 2S110BA02200 (14170 SW 119th Place) and 2S110BA02300 (11940 SW Treehill Court). We own both of the subject parcels. The purpose of the adjustment is to more accurately demarcate the boundary between the landscaping associated with the home on the 2200 parcel and the adjacent land, now about 60% in parcel 2300 and 40% in parcel 2200. We believe the lot line adjustment would also facilitate future development of the vacant land on the parcels. To the best of our knowledge the lot line adjustment shown on the attached site plan meets the Approval Criteria in TDC 18.410.040. Thank you for your assistance. Yours truly, Alkky7 Robert S Norin Sandra K Norin 1 11975 I-4 IN o b M h CITY of TIGARD CO t\ ` GEOGRAPHIC INFORMATION SYSTEM SW GAARDE ST r GAARDE ^ VICINITY MAP � 14170 SW 119th • 14059 a = ' 11940 SW Treehill Ct I I 14082 1_1. 4,. �J n > - Q a N. a 14105 14104 12005 J l4/G CO EV_IE_W__CT �/� 12010 R �� 0 14146 14000 \ 14150 W \ SUBJECT SITE-1 414,,, / a 14158 /4125 7/ 01 e Q CO ss ■ l4l '� 0 14185 14190 14199 v 0 a I . 14210 2S110BA02200 2S110BA02300 )aa 14201 14115 14230 s;r, 11760 + N.6' I • b �o 0 0 0 • 14300 N ,O v M M Nevj N ^, O� a 1 : ca v 14227 1 e_ t, ,,, MCFARLAND BLVD " 14340 ]2204 (51.4 N N, M h 0 50 100 150 200 250 Feet 11/95 S 1"=174 teat p� \Q 12160 /1390 ' II. 12135 14495 UMOIED Information on this map is for general location only and tZ)O ti a q h ' should be verified with the Development Services Division. 1 _ 13125 SW Hall Blvd■ �p Tigard,OR 97223 11825 (503)639-0171 �� http:jjwww.ci.ligard.or.us Plot date: May 11,2006;C:\magic\MAGIC03.APR Community Development , o SITE PLAN Ml U FOR DOB NORIN 25.00'•—+ W THE NE 1/4 OF THE NW 1/4 OF SECTION 10, INGRESS-EGRESS I p T.2 OF TI 1 D.,W.M. EASEMENT X CITY OF TICARD WASHINGTON COUNTY OREGON SCALE 1'.20' JUNE 29,2006 I t a. 0' 20 40 60•FOUND 2'ALUMINUM DISC we =I — I LOT 10 LOT 11 LOT 12 I LOT 13 LOT 14 ' EDGE OF ASPHALT PAVING FOUND 2'ALUMINUM DISC FOUND 2'ALUMINUM DISC I I ^ B.W.T ROAD L COURT I I / I� -� (PRIVATE ROAD TRACT."131 I p I EDGE OF ASPHALT PAVING_ NBff58'S5'E J12.59' J r — N89'56'551 E 277.771 — G4 x EXISTING \ FOUND 5X IRON ROD W YELLOW PLASRC CAP INSCRIBED 'SUMMERS PLO 1042' ,- I R= 104.50' SEITO9'4715 2.32' L= 53.40' E I 0 1 L/ / HERTEL CASWEL i I . SURVEYORS INC. 6150 S.W. 124th AVE. 16 39.35 I BEAVERTON, OREGON 97008• (503) 844-3179 II 143 I I \ 67.33' j ''4',r yA \ 4EAMOUT yc'40 P�� 12015 SQ. FT. • • /Ill 1 .^ '�P'�- BOOK 1150 PAGE 953 l ND REGISTERED SURVEYOR :TJ ''�i� TAx LOT 2300 251 tosA LANDFSUR EYOR \ 23696* SO. FT. • \ di'G/i,vtl71,✓))-30.06 BEFORE ADJUSTMENT —_,1° \\ ,$S 35,711± S0. FT. • =I A1ORREGON • n i AFTER ADJUSTMENT P 7tl8e J 'i II Y \ / \ $I EXPIRES 8/30/07 . g / 55.31, CLEAN\ z \ ��W�Y /�� ' U \ \\/\POSED 1Q00'SEWER EASEMENT rf __ 59.93' \ S(� \ �\XISRNG SANITARY SEWER IJNE..........................}I . I • TAX LOT 2200 251 10BA \ \ /�I/ I I I 42075± SO. FT. \ CLEANOUT iI I BEFORE ADJUSTMENT n 7 \\ I . 30,060± SQ. FT. Z ii I 58.35' AFTER ADJUSTMENT W A, • 25.00'—+ N = I I FOUND 5/e'IRON ROD INGRESS-EGRESS EAS W ff EASEMENT N8758'15'E 169.09'. 1_�N8ff58�15T 173.69 . \ STORM MANHOLE\ ' LOT 43 LOT 42 LOT 22 2\ LOT 23 P SANITARY MANHOLE I JOB NO.7257 • �/� FORM No. 762—SPECIAL WARRANTY DEED /Individual or Corporate). STEVENS-NESS LAW PUI 88-1864-8 -_ ✓ I OK A • SPECIAL WARRANTY DEED • Washington County• V 'KNOW ALL MEN BY THESE PRESENTS, That Edward J. Erickson & Diane J. Erickson , hereinafter called grantor, ' for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto Robert S. Norin & Sandra Kay Norin hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the I tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the County Iof Washington , State of Oregon, described as follows, to-wit: PARCEL I : Beginning at the Southeast corner of that tract conveyed to Edward J. Rrickson, et ux by deed recorded May 27, 1954 in Book 356, page 466, Deed Records , said beginning point bears West 990.0 feet and South , 0 44 ' West 660.0 feet from the North 4 Corner of Section 10, Township v 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; n and running thence along the East line of said Erickson tract North 0 '44 ' East 192.00 feet to an iron rod; thence West .124. 50 feet to an P, iron rod; thence South 0 44' West 192.00 feet to an iron rod on the v South line of said Erickson tract; thence along the said South line East 124. 50 feet to the point of beginning. a-. . f. IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) (�• To Have and to Hold the same. unto the said grantee and grantee's heirs, successors and assigns forever. �J And the grantor hereby covenants to and with the said grantee and grantee's heirs, successors and assigns O that said real property is free from encumbrances created or suffered thereon by grantor and that grantor will war- rant and defend the same and every part arid parcel thereof against the lawful claims and demands of all persons 1 claiming by, through, or under the grantor. L • paid for this transfer, stated in terms of dollars, is $ The true and actual consideration 8 200.00 , ZFMwe -he-.eeEttereemeiderre ierr-oerteref>s-af-.e'4nokr des--ethet--property.-olL-value-g+ve>R-cis,araRaiissaL hial-i . The whole eonoirdeaattert- it iete e•w,iie,f} (The sentence between the symbols O,,if not applicable,should be deleted.See ORS 93.030.) 'l pari o7 The ' In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. Z In Witness Whereof, the grantor has executed this instrument this-'. OP day of Y - • , 19. -...; if a corporate grantor, it has caused its name to be signed and s_e al affixed b y its officers, duly authorized thereto by order of its board of directors. ' THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND' ,• I / �/ USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING �y%!`" 2'%" THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE . PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR Ex�.,r.ks.on N:ar-i_. • • COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. STATE OF OREGON,��`- ) STATE OF OREGON, County of • )ss. Coo of `1 r 1',) as. , 19 I v\unty 5" , 19�a Personally appeared and :.- r; who, being duly sworn,. ' J`:',.,i5 �a`�'�''',.; ' � � each for himself and not one for the other, did say that the former is the 'r`S..:s';%. ersor>th�,l'•appeared.the above named (74,i-,..V 4cq('P+r.\ Guv-0- t� -• Z. president and that the latter is the ��� �'' secretary of ;` ; ¢. r'gl:e' q , a corporation, • ,r: 4cL acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal : ::- me,t t & e....:.. ': , voluntary act and deed, of said corporation and that said instrument was signed and sealed in be . ` half of said corporation by authority;of its board of directors; and each of•' : . ercee . I. • .:, A them acknowledged said instrument ;o be its voluntary act and deed. ', r Pri p B e Before me: t (OPPIC AP�" I ^"�'�'� • (1 OFFICIAL !' .'Y-,SSL'4h) '4` ,,� ,:. SEAL) , s .4L `' "^ -••F.lV'��tjlS bli �tor Oregon i) I'u F. g Notary Public for Oregon �LL �(f� 1' l� qv)), po3nrrtision'expires ` �� y"� My commission expires: Of executed by a'corpo seal) i ;Nti I f,,, . — -- _- _ affix corporate seal) Edward. J. & Diane J. Erickson STATE OF OREGON 2 Abelard J SS County of Washington Lake Qs.Wr.eg.a., OR 97034 GRANTOR'S NAME AND ADDRESS I, Donald W.Mason,;Director,of Assessment and Taxation and•Ex{Officio"Recorder of Con- Rn.b.e.r.t S.,. &C...-S.andr.a....Kay Norm _.. veyances fdr_said_cOility,'do Fiefelikertify that 1.I 9.QD. S,V G.a.ax.d.e St, the within,instrument. of•-writing was,, received Tigard, and recorded+ir •book of records of said county. ,�.i.gar.d.r_-:--Q.Et' 9.?.2.24 .. . ..a. ., •- ..+.'` GRANTEE'S NAME AND ADDRESS SPACE RESERVED Y, I Donald'W. 'Mason, Director of After recording return tot. - FOR , I i ,Assessment:,and Taxation, Ex- S S. Norin RECORDER'S USE `�\ r Officio County•Cle fk .� 1.1.9..Q.Q SW Ga;�arde St. . .>z. "-a,.. '_ .- ` - d'; Tigard, OR 97224 * 4 - NAME,ADDRESS,ZIP • Until a change is requested all tax statements shall be sent to the following address. • Robert S. Norin - 11900 SW Gan,rde 1988 MU -5 AM 8: 56 - Tigard,._..on_...97224 NAME,ADDRESS,ZIP • • • a change is requested all tax statements shall be V" sent to the following address. AFTER RECORDING RETURN TO: CHASE MANHATTAN BANK USA, N.A. 10790 Rancho Bernardo Road San Diego, CA 92127 ATTN: DOCUMENT CONTROL • ( Account Number Tax Account Number R491382 DEED OF TRUST THIS DEED OF TRUST("Security Instrument")is made on August 5, 2002 .The grantor is ROBERT S NORIN AND SANDRA KAY NORIN, AS TENANTS BY THE ENTIRETY ("Borrower").The trustee is LandAmerica OneStop ("Trustee").The beneficiary is CHASE MANHATTAN BANK USA, N.A. i I which is organized and existing under the laws of UNITED STATES OF AMERICA ,and whose address is 200 White Clay Center Drive, Newark, DE 19711 ("Lender").Borrower owes Lender the principal sum of THREE HUNDRED FOURTEEN THOUSAND FIVE HUNDRED & 00/100 Dollars (U.S. '$ 314,500.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 15, 2032 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications of the Note; (b) the payment of all other sums, with interest,advanced under paragraph 7 to protect the security of this Security Instrument; and(c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower irrevocably grants and conveys to Trustee,in trust, with power of sale, the following described property located in Washington County,Oregon: All that tract or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereof. which has the address of 14170 SW 119TH, TIGARD [Street,City], Oregon 97224 [Zip Code] ("Property Address"); OREGON-Single Family -FNMA/FHLMC UNIFORM INSTRUMENT Form 3038 9/90 10001111111011111111 -6H(OR)(9so3) Amended 5/91 VMP MORTGAGE FORMS-(800)521-7291 Page 1 01 6 Initials: NORIN CE294982EE BORROWER'S COPY 1 LANDAMERICA ONESTOP 'E""'°'I/ •02.17:04 FAX 14125072151 l4 j:2',2002 G v `td lrananaLlOn title mpary 't'•Ub/Ub e le Order No. W3174781CT - li Legal Description EXHIBIT l'A" ,. Legal Beginning at the Southwest .corner of that tract conveyed to Edward J. Erickson, et• ux, by deed recorded May 27, 1954 in Book 356., Page 466, Deed Records of Washington County, Oregon, said point being • West 1,332.5 feet and South 0°44 ' West 660.0 feet fr Range 1 of • h one-quarter corner of Section 10, Township 2 South, the WillametteMeridian, in the County of Washington and State of Oregon; thence along the 'south line of said tract in said book .and II page East 218.00 feet to an iron rod; thence North 0*44'• East .192.00 feet to an iron` rod; 'thence West 218.00 feet to an iron rod on the West line of said Erickson tract; thence along said West line South 0 044' West 192-.0 .feet to-_the point of beginning. TOGETHER WITH a perpetual easement for access and egress from the above described property to SW Gaarde Street, over the following • strip of land: • • . Beginning on the North line of Section 10, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington ndrner . State of Oregon, West 1,307.5 feet from the North one-quarter of said Section 10,: and running, thence along said section line West 25 feet to the Northwest corner of said Erickson tract described in Book 356, Page 466; thence along the West line of said tract South 0 044' West 468.00 feet to an iron rod, thence East 25.0feet to an iron rod; thence North 0°44' East 468.00 feet to the point • beginning. • • • I • • • • TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and / fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security.Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and .1 convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2.Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property,if any; (c) yearly hazard or property insurance premiums; (d)yearly flood insurance premiums,if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may,at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"),unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or ' otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law.If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing, and,in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments,at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3.Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third,to interest due;fourth,to principal due;and last,to any late charges due under the Note. 4.Charges;Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any Borrower shall pay these obligations in the manner provided in paragraph 2,or if not paid in that manner,Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5.Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. • Form 3038 9/90 -6H(OR) (9603) Page 2 of 6 Initials: :272: NORIN CE294982EE BORROWER'S COPY All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments.If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6.Occupancy,Preservation,Maintenance and Protection of the Property; Borrower's Loan Application;Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy,damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest.Borrower shall also be in default if Borrower,during the loan application process, gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence.If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7.Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional,debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8.Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each.month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9.Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Form 3038 9/90 a) -6H(OR) (9603) Page 3 of 6 Initials: :272: NORIN CE294982EE BORROWER'S COPY In the event of a to taking of ilkoperty, the proceeds shall be applied to thus secured by this Security Instrument, whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11.Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15.Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16.Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option,require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by,this Security Instrument without further notice or demand on Borrower. 18.Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or(b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys' fees; and(d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. Form 3038 9/90 -6H(OR) (9603) Page 4 of 6 Initials: :272: NORIN CE294982EE BORROWER'S COPY • rf • e 19.Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20.Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale,Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall give notice of sale in the manner prescribed by applicable law to Borrower and to other persons prescribed by applicable law. After the time required by applicable law,Trustee,without demand on Borrower,shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale.Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, ;. expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale,including,but not limited to,reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument;and(c) any excess to the person or persons legally entitled to it. 22.Reconveyance. Upon payment of all sums secured by this Security Instrument,Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs.Lender may charge such person or persons a fee for reconveying the Property,but only if the fee is paid to a third party (such as the Trustee)for services rendered and the charging of the fee is permitted under applicable law. 23.Substitute Trustee. Lender may, from time to time, remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 24.Attorneys' Fees. As used in this Security Instrument and in the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. • • Form 3038 9/90 -6H(OR) (9603) Page 5 of 6 Initials: 0 • :272: NORIN CE294982EE BORROWER'S COPY • 7.Riders to this Security Instrument. If one4or more riders are executed by Borrow• er and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. [Check applicable box(es)] n Adjustable Rate Rider I 1 Condominium Rider Adjustable � 1-4 Family Rider n Graduated Payment Rider I I Planned Unit Development Rider I Biweekly Payment Rider n Balloon Rider I Rate Improvement Rider I Second Home Rider I I VA Rider F I Other(s) [specify] BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in • any rider(s)executed by Borrower and recorded with it. 1 Witnesses: I (Seal) ROBERT S NORIN -Borrower ;, (Seal) SANDRA KAY NORIN -Borrower 'l (Seal) (Seal) l'• -Borrower -Borrower I I • 'r'' STATE OF OREGON, County ss: On this day of , ,personally appeared the above named and acknowledged the foregoing instrument to be voluntary act and deed. My Commission Expires: Before me: y• (Official Seal) Notary Public for Oregon ; i; :I •u. IN -6H(OR) (9603) Page 6 or 6 Form 3038 9/90 ,'ji �!1 ; I r . I I •1 II jr:• '� I1 I. I I 111 �II :272: NORIN CE294982EE BORROWER'S COPY 11 BARGAIN/SALE DEED-STATUTek FORM FOR PROPERTY LINE ADJUSTMENT Robert S. Norin & Sandra K. Norin--FIRST PARTY 14170 Sw 119th P1 Tigard, OR 97224 Robert Norin & Kay Norin--SECOND PARTY 14170 Sw 119th P1 Tigard, OR 97224 After recording return to: Robert S. Norin & Sandra K. Norin 14170 SW 119th P1 Tigard, OR 97224 Until a change is requested, all tax statements shall be sent to the following address : Robert S. Norin & Sandra K. Norin 14170 SW 119th P1 Tigard, OR 97224 INDIVIDUAL GRANTOR Robert S. Norin & Sandra K. Norin, husband and wife, hereinafter called the first party, convey to Robert Norin, also known as Robert S . Norin & Kay Norin, also known as Sandra Kay Norin, hereinafter called the second party; the following real property situated in Washington County, Oregon, to-wit: SEE EXHIBIT "A" FIRST PARTY' S RECENT DEED- Deed Book 1129 Page 416 of the Washington County Deed records SECOND PARTY'S RECENT DEED- Deed Book 1150 Page 953 of the Washington County Deed records The intent of this deed is to adjust the property line between First Party' s and Second Party' s property, creating two new property descriptions which are described on Exhibit "B" - First Party' s new description, and Exhibit "C" - Second Party' s new description. AND WHEREAS: The first party has an existing sanitary sewer line that runs across a portion of the Transfer parcel and a portion of the Second Party' s property, and both parties are in agreement that said sewer line can stay in place. NOW THEREFORE: The first party does reserve and the second party does grant an easement over, under and across the following strip of land, To wit: A 15 FOOT WIDE STRIP OF LAND, BEING 7 .50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THAT TRACT CONVEYED TO EDWARD J. ERICKSON, ET UX BY DEED RECORDED MAY 27, 1954 IN BOOK 356, PAGE 466, DEED RECORDS, SAID POINT BE WEST 1332 .5 FEET AND S00°•W 660 . 0 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 10, ALSO BEING A POINT ON THE NORTH LINE OF "SHADOW HILLS NO. 2 " A DULY RECORDED SUBDIVISION IN THE WASHINGTON COUNTY PLAT RECORDS; AND RUNNING THENCE ALONG THE SOUTH LINE OF SAID ERICKSON TRACT, N89°58 ' 15"E 169 . 09 FEET; THENCE N15°03 ' 35"E 57 .24 FEET; THENCE N01°35 ' 33"E 25 .02 FEET; THENCE N34°22 ' 30"W 2 .21 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE S60°24 ' 13"E 4 .35 FEET; THENCE S65°22 ' 55"E 98 .58 FEET; THENCE S00°01 ' 45"E 38 . 84 FEET TO A POINT ON THE SOUTH LINE OF SAID ERICKSON TRACT AND THE TERMINUS OF SAID CENTERLINE. The first party shall have all rights of ingress and egress to and from said real estate (including the right from time to time, except as hereinafter provided, to cut, trim and remove trees, brush, overhanging branches and other obstructions ) necessary for the first party' s use, operation and maintenance of the easement hereby granted and all rights and privileges incident thereto. Except as to the rights herein granted, the second party shall have the full use and control of the above described real estate. The first party hereby agrees to hold and save the second party harmless from any and all claims of third parties arising from first party' s use of the rights herein granted. The true consideration for this conveyance is $1 . 00 . Dated this day of , 2006 . BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT Robert S . Norin MEASURE 37 (2004)). THIS INSTRUMENT DOES NOT ALLOW USE OF aka Robert Norin THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST Sandra K. Norin PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER aka Kay Norin 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). STATE OF OREGON, County of )ss . This instrument was acknowledged before me on , 2006, by Robert S. Norin & Sandra K. Norin By Notary Public for Oregon 4 e ***************************************************************************** EXHIBIT "A" TRANSFER TRACT A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THAT TRACT CONVEYED TO EDWARD J. ERICKSON, ET UX BY DEED RECORDED MAY 27, 1954 IN BOOK 356, PAGE 466, DEED RECORDS, SAID POINT BEARS WEST 1332 .5 FEET AND S00°44 'W 660 . 0 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 10, ALSO BEING A POINT ON THE NORTH LINE OF "SHADOW HILLS NO. 2 " A DULY RECORDED SUBDIVISION IN THE WASHINGTON COUNTY PLAT RECORDS; AND RUNNING THENCE ALONG THE SOUTH LINE OF SAID ERICKSON TRACT, N89°58 ' 15"E 169 . 09 FEET TO THE TRUE POINT OF BEGINNING; THENCE N15°03 ' 35"E 57 .24 FEET; THENCE N01°35 ' 33"E 25 . 02 FEET; THENCE N34°22 ' 30"W 117 . 73 FEET; THENCE 53 . 40 FEET ALONG THE ARC OF A 104 . 50 FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, THROUGH A DELTA ANGLE OF 29°16 ' 36" , THE LONG CHORD BEARS N74°11 ' 42 "W 52 . 82 FEET, TO A POINT ON THE NORTH LINE OF THAT PROPERTY DESCRIBED IN DEED BOOK 1129 PAGE 416 OF THE WASHINGTON COUNTY DEED RECORDS, BEING ALSO A POINT ON THE SOUTH LINE OF "REDWOOD VISTA" A DULY RECORDED SUBDIVISION IN THE WASHINGTON COUNTY PLAT RECORDS; THENCE N89°56 ' 55"E 155 .50 FEET TO THE NORTHEAST CORNER OF LAST SAID DEED; THENCE S01 °24 ' 39"W 192 . 01 TO THE SOUTHEAST CORNER OF SAID DEED; THENCE S89°58 ' 15 "W 49 . 05 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 12 , 015 SQUARE FEET. ************************************************************************* EXHIBIT "B" FIRST PARTY'S NEW DESCRIPTION A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF THAT TRACT CONVEYED TO EDWARD J. ERICKSON, ET UX BY DEED RECORDED MAY 27 , 1954 IN BOOK 356, PAGE 466, DEED RECORDS, SAID BEGINNING POINT BEARS WEST 1332 .5 FEET AND S00°44 'W 660 . 0 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 10, ALSO BEING A POINT ON THE NORTH LINE OF "SHADOW HILLS NO. 2 " A DULY RECORDED SUBDIVISION IN THE WASHINGTON COUNTY PLAT RECORDS; AND RUNNING THENCE ALONG THE SOUTH LINE OF SAID ERICKSON TRACT, N89°58 ' 15"E 169 . 09 FEET; THENCE N15°03 ' 35"E 57 .24 FEET; THENCE NO1°35 ' 33"E 25 . 02 FEET; N34°22 ' 30"W 117 . 73 FEET; THENCE 53 .40 FEET ALONG THE ARC OF A 104 .50 FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, THROUGH A DELTA ANGLE OF 29°16 ' 36" , THE LONG CHORD BEARS N74°11 ' 42 "W 52. 82 FEET, TO A POINT ON THE SOUTH LINE OF "REDWOOD VISTA" A DULY RECORDED PLAT IN THE WASHINGTON COUNTY PLAT RECORDS; THENCE S89°56 ' 55"W ALONG THE SOUTH LINE OF SAID "REDWOOD VISTA" , 64 . 86 FEET, TO .A POINT ON THE WEST LINE OF SAID ERICKSON TRACT; THENCE S00°44 ' 57"W 191 . 88 FEET TO THE BEGINNING POINT, CONTAINING 30, 060 SQUARE FEET. e e EXHIBIT "C" SECOND PARTY' S NEW DESCRIPTION A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT TRACT CONVEYED TO EDWARD J. ERICKSON, ET UX BY DEED RECORDED MAY 27, 1954 IN BOOK 356, PAGE 466, DEED RECORDS, SAID BEGINNING POINT BEARS WEST 990 . 0 FEET AND S00°44 'W 660 . 0 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 10, ALSO BEING A POINT ON THE NORTH LINE OF "SHADOW HILLS" A DULY RECORDED SUBDIVISION IN THE WASHINGTON COUNTY PLAT RECORDS; AND RUNNING THENCE ALONG THE EAST LINE OF SAID ERICKSON TRACT, N00°41 ' 30"E 192 . 01 FEET TO AN IRON ROD TO THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN DEED BOOK 1150 PAGE 953, ALSO BEING THE SOUTHEAST CORNER OF "REDWOOD VISTA" A DULY RECORDED PLAT IN THE WASHINGTON COUNTY PLAT RECORDS; THENCE S89°56 ' 55"W, ALONG THE NORTH LINE THEREOF, 277 . 73 FEET; THENCE 53 . 40 FEET ALONG THE ARC OF A NON-TANGENT 104 .50 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 29°16 ' 36" , AND THE LONG CHORD BEARS S74°11 ' 42 "E 52 . 82 FEET; THENCE S34°22 ' 30"E 117 . 73 FEET; THENCE S01°35 ' 33"W 25 . 02 FEET; THENCE S15°03 ' 35"W 57 .24 FEET TO A POINT ON THE SOUTH LINE OF SAID ERICKSON TRACT; THENCE N89°58 ' 15"E 173 . 69 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 35, 711 SQUARE FEET MORE OR LESS . fl/32OQ(oQOQ / S MAP SITE PLAN I 7.13 1-- ILI 0 FOR BOB NORIN < < -I IN THE NE 1/4 OF THE NW 1/4 OF SECTION 10, 25.00' i 0 T. 2 S., R. 1 W., W.M. Q_ a I CITY OF TIGARD INGRESS-EGRESS I x c) WASHINGTON COUNTY OREGON EASEMENT I- I I SCALE 1" = 20 JUNE 29, 2006 CD w I . < ri I crj 0- 0' 20 40 60 OUND 2" ALUMINUM DISC 1 1 -',0 LOT 10 LOT 11 LOT 12 ) N., LOT 13 / --__ _ LOT 14 1 EDGE OF ASPHALT PAVING — — -I FOUND 2" ALUMINUM DISC -.., FOUND 2" ALUMINUM DISC I I S.W. TREEHILL COURT 1 " I / --- ---- --- ---------- -____ _ b (PRIVATE ROAD TRACT "Er) I 6 , q I i ---------- ...-- — — — 0 t\i- --- EDGE OF ASPHALT PAVING N8956'55"E 342.59' 1 A , ------1 ( 56'5E5xinsETIN6G4.FEN'cE I FOUND 5/8" IRON ROD "SUMMERS T 1PINSCRIBED S-C°RYPI IBLESP1:15-.A1(S)T4I2C. 1111■1 1-789* N8956'55"E 277.73' _ _ >- S8709147"W 2.32' a R= 104.50' \" \ L., L= 53.40' --/ 1 , \,s 1 CASWELL/ 0 1-- il HERTEL \ SURVEYORS INC. a — -----) c(fi 38.37' \ \ I 6150 S.W. 124th AVE. BEAVERTON, OREGON 97008 (503) 644-3179 \ 11 1 I \ -0 414 0 I 11 \\ CLEANOUT 67.33' yr' --/- , 3r• d?‘ AN \ 0‘ 4t0 12015 SQ. FT. I 1 \\, -:`,`p›, BOOK 1150 PAGE 953 REGISTEREDM , 1 7 EXISTING 1:Ibt.ISE/ \-11- <;1'‘ TAX LOT 2300 2S1 10BA LAND D SURVEYOR i i \ \ 23696± SQ. FT. oo \ w BEFORE ADJUSTMENT . 6 c.:1. \ ":2- .. SS „ >-- 1— 35,711± SQ. FT. ",72 I OREGON j MU 18, 1980 1 rx AFTER ADJUSTMENT ti., ALBERT HERTEL i w to 1896 :NW --- 1 I 1°1- ''■ ,,, On- Ce a. 0 to I -4- ob EXPIRES 6/30/07 1 g N\ ,j CLEANOUT z z I 2 I 55.31 F---- 1 1\ 4sitify ■ `--.. I, EXISTING / z 0 /dAri.KGE/ - (,", ' ''`. .„...,,, ... -,: PROPOSED 15.00' SEWER EASEMENT I .. ,,,, Itii, ...• > c..4°1 -,,, / 4 y- (A ' .. ri 59.93' t.) SS .- >,./ EXISTING SANITARY SEWER LINE P I o I I I I TAX LOT 2200 2S1 10BA t■3 / ..„,, 1 I 42075± SQ. FT. CLEANOUT 1 I 1 BEFORE ADJUSTMENT ; -,,.„, ,/ I 1 I cv ..., / ' 30,060± SQ. FT. --, . I 1 '' .1 . i I 58.35' AFTER ADJUSTMENT tt Le lu alj- t. z Lo 0 in ce kJ / r,,, Q. P --c,-? 40 49 ,.... — 6, 25.00' --- 0. 0...1:t INGRESS-EGRESS EASEMENT Lo -----f---1:*: c3- N 89'58'15"E 173.69 STORM MANHOLE \‘ _ — FOUND 5/8" IRON ROD N89'58'15"E 169.09' II■111 11111■1= 011/1■0 M11■1= IMININ■ •111111■01 IIIII■1 MIMIN■ LOT 43 LOT 42 LOT 22 LOT 23 -----;();-- — SANITARY MANHOLE JOB NO. 7257