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MIS2007-00002
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LOT LINEADJ1STMEdNT(MIS) 2007.,00002 � r4"'S"a�+}' rC � F�, i. 5���4'�'e:S-'- '-+R �'.�, �"--,�•� cre'�,.rYC-'>�,.,.s+.ems r• "'�F '� ,..ice �''r ` ,.`" �` N ` , :1W4 A g`;ENSE- .i O'T LINE- j U,S,- ;,MEENTtift*'�� : 5 `` 'TIGARD �y�,�r-a �'`'"«,�5•C "'.tea*: '�s`�a-t.;!'E4-�,3y; s, .t�� c'y; rt's°'` .1;",3a-r.:,m x ,w.r �¢ ��Ga,S:..C',F F..�..:.FS:� I ��!"ci:`�Ty W..Y&.xP� ��;I�'.,. i-i-.-._- ..�.;..`'.:�++�:F�'�..., ..?•Pt+s��rF- 3ri • 120 DAYS = 6/27/2007 SECTION I. APPLICATION SUMMARY • FILE NAME: JENSEN LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2007-00002 • .PROPOSAL: The applicant requests approval to adjust one (1) lot line, which will reconfigure two (2) different lots. Lot 1 is 25,723 square feet and will become 44,321 square feet;Lot 2 is 26,250 square feet and will become 7,652 square feet. • APPLICANT/ AGENT: Jim Jacks • Welkin Engineering,PC 7165 SW Fir Loop, Suite 204 Tigard,OR 97223 • OWNER LOT 1:Steven and Lori Jensen 9995 SW Garrett Street Tigard, OR 97223 LOT 2:Same as above • LOCATIONS: LOT 1:WCTM 2S102CB,Tax Lot 3700, 9995 SW Garrett Street • (25,723 square feet) LOT 2:WCTM 2S102CB,'Tax Lot 3800, 9975 SW Garrett Street (26,250 square feet) 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 and 18.510. SECTION II. DECISION y�`.-:•, °r�r.a .,�.,�.;:7 _ �s` _.. :,:.-,-r r:�•�' za..x.: -�,•K�=_v�x3�.:'-'. FN:otiee. is eretty giVeny thafi Elie Ci o ∎a ommuntty,.•l evelopment'-Directorts; designee•-:has ,r.r=�!",� -..cP`'�ti'.''Fy� •rtx+- 's 7 s -, .;, 1i.,rT� a `:y_'i,: Wx.t z� w'. .rkY:>`� - -:.h •t•:.t';,�, <: RO.VEDV the aboitieArecquest subject t Aigrdmon ofs.approv l The findin s,ands conclusions.on ;Kt` '-`ix+k ,.r 'fa"aa4""- -6 :'ef,`,r'"'-'1: 4��'' :q �".�'� -t4¢'-e f - - f •`iJ., ef.;'v C•: y t w�ieh�the�decasi-n:is. ase�arp�noted.in,Sectton�:IU. i��•�� � �;�;x�� �:�n ��. J.��' ... -_.:�$Jrk�-�m.f _iKt`•--'r;K`.�:czraa�r;¢rt.::--x>S� :z.�.rx-3.=n':fr!.;_s�i��� .i�'� 2"-e'�s�_�� �;.`~ NOTICE OF TYPE I DECISION MIS2007-00002-JENSEN LOT LINE ADJUSTMENT PAGE 1 OF 4 • CONDITION OF APPROVW 4THE IOLOWING .COND.I�TION :SHALL:.:BE...SATISFIED:::BEFORE RECEIVING::ANY �,� ' �'a:GE`.: Y':•a.- o` ':�� y_ �A'.a •Zt�R.'. --` : - � ..15.,..:�.....«!_..T :.•+.->,] `'G••.�•'S�'s-.:,.,a,:: :•� �;•! y,vi.:;:'.:.: y FB:UILDING y;c„ r.. ar.--.-.. .�.st -�:a,_... 5 .'...r-..a.Ew:=ird'1.=�'•�� �''ir-..��'_iti- •-°=._ssrY:•_!r.^-f..u� ::a_:.:.x•':`=�«=.•c:r'�`7i.' : .- Unless otherwise noted, the staff contact shall be Emily Eng in the Planning Division at (503) 718-2712. 1. The applicant shall record the lot line adjustment survey map with Washington County within 18 months of this decision. The applicant shall provide a copy of the recorded lot line adjustment survey map to the City within 15 days of recording. R�!:' r74.;..+,;=..i•af:Y�..�.�J'i'.:3"A3 ti-.'K -.:-'tYG:Cx'- - .,vw:kHd�i`:. Y. .:"Cs .�+..�Ca`�'w=G.-l. _ �rY...z)..`i'J.'..��4..�..rx::= � _ . ..�J - '�{"-�.r`� �g, .s'.`,r�+i 13.::e..� -- ,....N< Toll PROVAL.SN' T=.TS¢,BE'rVA;T ID:Eitar l:ONTHS;.;•;;:.:,;..�•: S&' y*:' _ �. ; '•G`�'°F - s,e -. µt ..r,.... r..t: •.,„;.,-„� ,.k.x - ±. r+�..G� . >..;-_r z.armr..-- n..,vz«<:s�_: EYEFF CTNE DATE1OFTHIS,DECI.SIOIV ,..�•,_:,:: •V_3,14�,:6-k`-'ii.ts5.1 _�f::3"1....,,.>rr�r:..� .ice -.. ., r. ._ r• _._<. ;tsz-a-z - - - SECTION III. BACKGROUND INFORMATION Site Information: Lots 1 (Tax Lot 3700) and 2 (Tax Lot 3800) are located on SW Garrett Street, south of Pacific -Highway.- The-properties-were-originally part-of the-Frewing-Orchard-Tracts. Today the surrounding area consists of a mix of low-density residential,medium-density residential and commercial uses. Lot 1 has a single-family home built in 1952, and Lot 2 has a single-family home built in 1950. There have been no previous land use decisions related to either lot. . Proposal Description: The applicant proposes to adjust one (1) lot line,which will reconfigure two (2) different lots. Lot 1 is 25,723 square feet and will become 44,321 square feet; Lot 2 is 26,250 square feet will become 7,652 square feet. 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; An additional parcel is not created by the lot line adjustment. Two lots exist and two lots will remain. 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 2 will not cause either of the structures on Lot 1 or 2 to violate the site development or zoning regulations. 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 NOTICE OF TYPE I DECISION MIS2007-00002-JENSEN LOT LINE ADJUSTMENT PAGE 2 OF 4 • Setbacks shall bell/required by the applicable zoning act. The resulting parcels conform with the dimensional standards of the R-4.5 zoning district, as shown below: o The average width of the building envelope area for Lot 1 will be 93.31 feet and for Lot 2 will be 76.50 feet,both of which exceed the minimum of 50 feet. o Lot 1 will be 44,321 square feet and Lot 2 will be 7,652 square feet, both exceeding the minimum lot size of 7,500 square feet. o Lots 1 and 2 may have been created through the partition process. Lot 1 will have a frontage of 93.31 feet and Lot 2 will have a frontage of 76.50 feet,both of which exceed 15 feet. o Lot 1 will have setbacks as follows: 35.1-foot front and garage, 18.5- and 24.6-foot side and 210- foot rear. Lot 2 will have setbacks as follows: 35-foot front, 40-foot garage, 7.4- and 7.6-foot side and 34-foot rear. The minimum setbacks in the R-4.5 zone are 20-foot front and garage, 5-foot side and 15-foot rear. Therefore, the resulting parcels exceed the minimum setback requirements. 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-properne-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 of the lots are or will become flag lots. Therefore, 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. Each lot has its own 35 to 40-foot driveway. The length of these driveways will remain the same. 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 is not proposed or required. 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 applicant does not propose any new access ways. Therefore, this criterion 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. No floodplain, greenway or right-of-way dedication shall be required as a result of this lot line adjustment. 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 does not request a variance. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met for Lots 1 and 2. NOTICE OF TYPE I DECISION MI52007-00002-JENSEN LOT LINE ADJUSTMENT PAGE 3 OF 4 SECTION V. •PROCEDURE AND APPEAL FORMATION 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 MARCH 6, 2007, AND BECOMES EFFECTIVE ON MARCH 7, 2007. 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. 4IP Ale I i March 6, 2007 PREPARED BY: Emily Eng DATE Assistant Planner NOTICE OF TYPE I DECISION MIS2007-00002-JENSEN LOT LINE ADJUSTMENT PAGE 4 OF 4 r, 4 ,, v CITY of TIGARD `c 4,4,, p* GEOORAPHIO INFORMATION SYSTEM VICINITY MAP •I,LG� MIS2007-00002 ,v,'s, 4 . e JENSEN ,z4 41k5, T LINE 1z<, ADJUSTMENT i 2 2 r - , * 4 ‘V 41 0 rt C ST • ' RR. . /A °.#0r-t.� FEa w �s�, ... 4r1 6EHD RD DVRM �/0 e.4 ■tvrOA - uvarfflow.. ' . F■■tii,. Tgard Area Map ItSSA.W ill V • • *AI N • 0 100 200 300 400 Feet 1"=314 feet bkikl■ d I 111 a •e■sv■ASTAY‘‘ TIGARU J��. 'Aar Information on this 13125 SW Hall Blvd • ' Tigard,OR 97223 c (503)839.4171 O http://www.ci.tigard.or.us A161 •�ii‘ i \MAGIC03.APR Plot date:Mar 6,2007;C:\mag c Community Development • c 77 C, ;&-hs:: Q ,, WASHINGTON COUNTY SURVEYOR'S OFFICE y, r ACCEPTED FOR FILING Apps;,. .: ,'� . ..•26/ I( A D SITE / PLOT PLAN \ )e wor�'as described in: _ [ j OFA PROPERTY LINE ADJUSTMENT \ ''` -`r to: Follow ..._ ,, or a L :icribed in: E , A PORTION OF LOT 11,FREWING ORCHARD TRACTS \ Attach _...,I ( _ LOCATED IN THE S.W. 1/4 OF SECTION 2, ; [ i TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN: z:G, WASHINGTON COUNTY,OREGON \ FEBRUARY8.2007 - FOR:STEVE JENSEN \ NARRATIVE \ \ THE PURPOSE OF THIS SURVEY IS TO LOCATE AND MONUMENT THE BOUNDARY OF THOSE PARCELS OF LAND DESCRIBED IN DOCUMENT NO.97-88140&94-32742,WASHINGTON COUNTY DEED RECORDS \ AND TO ADJUST THE COMMON PROPERTY LINE THEREOF. `5/8'IR,HELD Z THE SOUTHEASTERLY LINE OF THE SUB.ECT PARCELS WAS ESTABLISHED BY HOLDING THE MONUMENTS \ FOUND IN SN 10.966 N FOUND AT EACH END PER SN 4.293. THE SOUTHWESTERLY UNE(ALSO THE NORTHEASTERLY RIGHT OF W WAY LINE OF SW.GARRETT STREET)WAS ESTABLISHED BY HOLDING THE MONUMNETS FOUND AS \ I 1�• > SHOWN. THE NORTHWESTERLY UNE WAS ESTABLISHED BY HOLDING THE FOUND MONUMENT AT E 5) i�,91• .T. o'- SOUTHWESTERLY END AND E DEED DISTANCE OF 951 FEET NORTHWESTERLY ALONG THE 'V1 Vi3�.0 f, I �� ESSTTABUSHED BY HNOLDING E THE COMMON MONUMENT CORNER D A E SOUR THE STERLY ENDH ND YCOMMON WAS TRACT CORNER, THEN PROJECRNG THAT LINE NORTHWESTERLY THE DEED DISTANCE AS PREVIOUSLY STATED. 10 \ 6009 DOC NO.94-32742 A. THE BASIS OF BEARINGS IS THE NORTHWESTERLY UNE OF THE PLAT OF'BARNUM PARK-BETWEEN / E TWO MONUMENTS FOUND AS SHOWN. \ N V //5/8'IR,SN 4,293 o. -�. \ / 1 Z9i 9// LEGEND 1/2•IP,H . TL/6 51 ` SN84,293H� '--; FOUND IN SN . I6 j\�5... 0 DENOTES SET 5/8•X30•IRON ROD W11H YELLOW PLASTIC CAP UNKNOWN93.0. 1,15 MARKED'WflXIN ENINEERW0.PC" \ � TRACT B ' • DENOTES MONUMENT FOUND AS NOTED \-c. . / i DOD N5 97-88T40 IR DENOTES IRON ROD / 65 O.VL1 �-�- /d N IP DENOTES IRON PIPE \`/ f N3 561 / 10' N ca SN DENOTES RECORD SURREY NUMBER WASHINGTON COUNTY SURVEY RECORDS R0 �N I-• 104• ( P) DENOTES RECORD DATA PER PLAT OF"BARNUM PARK' �A\�` \;?:'� 61 ,� .({VA I $ ,�51 OR.t9 0 5 ( S) DENOTES RECORD DATA PER SN 4.293 ^C \v�'OS/. - i• ••t�a p1• �� j1., ,4,1 ��P ■ 1.0 (02) DENOTES RECORD DATA PER SN 10.988 G G� \ 621 0 �� R� 5 Of \ `pN-��- \ AREA TABLE • . 13 rN� 1 ('' , 0 B A R N U M ` \ ! 10461 3/B'IR ON LINE 1 5 ORIGINAL AREA AMSTED AREA \�` ) •BARNUM PARK• LO TRACT A 22,723 50.FT. 44,321 50.FT. �5/8•IR.HELD TRACT B 28,250 S0.FT. _7,65;-$0.,-F1.-r.'i^_ 1 J SN 4,293 1.01 5 • '. r i.s.R ky 4s,I: is N ....k\ . . \ OG°34G;1 10 PARK R K\ - , Y:.: \ .. SCALE: T._�. R E S M E R `' z5 li , . .,,.�.�{4'I?' ,.(.P {• .0 • \ • V' REGISTERED ENGINEERING u11 • u1 C1J° O PROFESSIONAL juiAimitmaii SURVEYING.PLANNING \ \ • P,� ,ND SURVEYOR / /��,��® 7185 SW Fh LOOP,SOln 2a OQ / Po1WnO,OR 97223 H I L L S {�• G1 I c,.li�'�'/J (�pT , T.L 593)599.,915W ��� \ V,01, •�'/ •EGON i• .1�� . . FaK(503)598-1888 JULY X01 5 G�is BRADLEY 13. J. GABRIEL 7._— InTo®aa�h engneelhq.nel• /�\ 5854.1 °�krr 3y' S•1• / RENEWS JULY 1,2007 Z2 iRy wA1.1 6.10 073040 hp.nel .be 9T�YLL07 m Wlc00.>nwti +/13/07 r . � AFFIDAVIT OF MAILING `lleARD I,Patricia L. Lunsford, being first duly sworn/affirm,on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard,Washington County,Oregon and that I served the following: {Ok B.d)B © NOTICE OF DECISION FOR MIS2007-00002/JENSEN 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 March 6,2007,and deposited in the United States Mail on March 6,2007,postage prepaid. Ii / / - - t i At / / ■ .A...4,,. ef70(_/ (Person that • eared NoticQ STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn affirmed before me on the day of L1/14(.21 ,2007. /(1.- .."'."�"'�"'�1���"'`�..��^v�1 ,.�, OFFICIAL SEAL ,:f:� � DWNE-M JEI,DERKS ) (} COMMISSION NO 373021 N 0 ....16 11 MY COMMISSION EXPIRES SEPT.25,2007() • NO ARY P LIC O AN My Commission Expires: - g 5 EXHIBIT A NOTICE OF TYPE I DECISION a LOT LINE ADJUSTMENT (MIS) 2007-00002 . JENSEN LOT LINE ADJUSTMENT TIGARD 120 DAYS = 6/27/2007 SECTION I. APPLICATION SUMMARY FILE NAME: JENSEN LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2007-00002 PROPOSAL: The applicant requests approval to adjust one (1) lot line, which will reconfigure two (2) different lots. Lot 1 is 25,723 square feet and will become 44,321 square feet;Lot 2 is 26,250 square feet and will become 7,652 square feet. APPLICANT/ AGENT: Jim Jacks Welkin Engineering,PC 7165 SW Fir Loop,Suite 204 Tigard, OR 97223 OWNER: LOT 1:Steven and Lori Jensen 9995 SW Garrett Street Tigard, OR 97223 LOT 2:Same as above LOCATIONS: LOT 1:WCTM 2S102CB,Tax Lot 3700, 9995 SW Garrett Street (25,723 square feet) LOT 2:WCTM 2S102CB,Tax Lot 3800, 9975 SW Garrett Street (26,250 square feet) 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 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 a condition of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION MIS2007-00002-JENSEN LOT LINE ADJUSTMENT PAGE 1 OF 4 . CONDITION OF APPROVAL ITHE FOLLOWING CONDITION SHALL BE SATISFIED BEFORE RECEIVING ANY. BUILDING PERMITS: Unless otherwise noted, the staff contact shall be Emily Eng in the Planning Division at (503) 718-2712. 1. The applicant shall record the lot line adjustment survey map with Washington County within 18 months of this decision. The applicant shall provide a copy of the recorded lot line adjustment survey map to the City within 15 days of recording. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: Lots 1 (Tax Lot 3700) and 2 (Tax Lot 3800) are located on SW Garrett Street, south of Pacific Highway. The properties were originally part of the Frewing Orchard Tracts. Today, the surrounding area consists of a mix of low-density residential, medium-density residential and commercial uses. Lot 1 has a single-family home built in 1952, and Lot 2 has a single-family home built in 1950. There have been no previous land use decisions related to either lot. Proposal Description: The applicant proposes to adjust one (1) lot line, which will reconfigure two (2) different lots. Lot 1 is 25,723 square feet and will become 44,321 square feet; Lot 2 is 26,250 square feet will become 7,652 square feet. 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; An additional parcel is not created by the lot line adjustment. Two lots exist and two lots will remain. 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 2 will not cause either of the structures on Lot 1 or 2 to violate the site development or zoning regulations. 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 NOTICE OF TYPE I DECISION M1S2007-00002-JENSEN LOT LINE ADJUSTMENT PAGE 2 OF 4 • • Setbacks shall be squired by the applicable zoning diet. The resulting parcels conform with the dimensional standards of the R-4.5 zoning district, as shown below: o The average width of the building envelope area for Lot 1 will be 93.31 feet and for Lot 2 will be 76.50 feet, both of which exceed the minimum of 50 feet. o Lot 1 will be 44,321 square feet and Lot 2 will be 7,652 square feet, both exceeding the minimum lot size of 7,500 square feet. o Lots 1 and 2 may have been created through the partition process. Lot 1 will have a frontage of 93.31 feet and Lot 2 will have a frontage of 76.50 feet, both of which exceed 15 feet. o Lot 1 will have setbacks as follows: 35.1-foot front and garage, 18.5- and 24.6-foot side and 210- foot rear. Lot 2 will have setbacks as follows: 35-foot front, 40-foot garage, 7.4- and 7.6-foot side and 34-foot rear. The minimum setbacks in the R-4.5 zone are 20-foot front and garage, 5-foot side and 15-foot rear. Therefore, the resulting parcels exceed the minimum setback requirements. With regard to flag lots: o 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 of the lots are or will become flag lots. Therefore, 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. Each lot has its own 35 to 40-foot driveway. The length of these driveways will remain the same. 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 is not proposed or required. 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 applicant does not propose any new access ways. Therefore, this criterion 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. No floodplain, greenway or right-of-way dedication shall be required as a result of this lot line adjustment. 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 does not request a variance. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met for Lots 1 and 2. NOTICE OF TYPE I DECISION M1S2007-00002-JENSEN LOT LINE ADJUSTMENT PAGE 3 OF 4 SECTION V. 10DCEDURE AND APPEAL INFQMATION 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 MARCH 6, 2007, AND BECOMES EFFECTIVE ON MARCH 7, 2007. 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. 40-11P 40, - March 6, 2007 PREPARED BY: Emily Eng DATE Assistant Planner • NOTICE OF TYPE I DECISION MIS2007-00002-JENSEN LOT LINE ADJUSTMENT PAGE 4 OF 4 CITY of TIGARD <- A x�l i4 SITF A •<_ • j.''f`v ' '' CI ''r A WASHINGTON COUNTY SURVEYOR'S OFFICE 42# ACCEPTED FOR FILING 4'DF1Y�,1,^,j A `° SITE / PLOT PLAN \ s..),, e work as described in: • - µ 0. OF A PROPERTY LINE ADJUSTMENT \ to: Follow -._.. -.4,or a:[ :scribed in: [ I A PORTION OF LOT 11,FREWING ORCHARD TRACTS \ Attach. ( I —_ LOCATED IN THE S.W. 1/4 OF SECTION 2, � -- --- `C' Follo= TOWNSHIP2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN, \ - - — " att?r-- -- t 7 WASHINGTON COUNTY,OREGON L 1 \ . FEBRUARY8,2007 FOR STEVE JENSEN ---• • • NARRATIVE THE PURPOSE OF THIS SURREY IS TO LOCATE AND MONUNENT THE BOUNDARY OF THOSE PARCELS OF LAND DESCRIBED IN DOCUMENT ND.97-88140&94-32742,WASHINGTON COUNTY DEED RECORDS AND TO ADJUST THE COMMON PROPERTY LINE THEREOF. 110 `5/8•IR,HELD y THE SOUTHEASTERLY LINE OF THE SUBJECT PARCELS WAS ESTABLISHED BY HOLDING THE MONUMENTS \ FOUND IN SN 10,966 �'� NO• FOUND AT EACH END PER SN 4.291 THE SOUTHWESTERLY UNE(ALSO THE NORTHEASTERLY RIGHT OF \ \'I' WAY LINE OF SW.GARRETT S7REET)WAS ESTABLISHED BY HOLDING THE MONUMNE75 FWND AS 1 1p�51 Z9\• J 31. SHOWN. THE NORTHWESTERLY UNE WAS ESTABLISHED BY HOLDING 1HE FOUND MONUMENT AT THE SOUTHWESTERLY END AND THE DEED DISTANCE OF 901 FEET NORTHWESTERLY ALONG THE li NORTHEASTERLY UNE FROM THE COMMON CORNER OF THE PARCELS THE NORTHEASTERLY UNE WAS l• O• ESTABLISHED BY HOLDING THE MONUMENT FOUND AT THE SOUTHEASTERLY END AND THE COMMON V' 31 TRACT ,� CORNER THEN PROJECTING THAT LINE NORTHWESTERLY THE DEED DISTANCE AS PREVIOUSLY STATED. 0 \ 4 _`6009 DOG.NQ 9l-32712 / THE BASIS OF BEARINGS IS THE NORTHWESTERLY LINE OF THE PLAT OF'BARNUM PARK"BETWEEN \ N \- V / THE iW0 MONUMENTS FOUND AS SHOWN. N 2p C) Pa��Sl ///5/B•SN 4.293 �p. CP. \ i 29 j9// $. LEGEND • I/2'IP,H • E/•51 N. S/8'IR.HELD �1 FOUND IN SN .966 �.5\�\31�\8 SN 4'293 0 DENOTES SET 5/8'X 30'IRON ROD WITH YELLOW PLASTIC CAP \ ` A UNKNOWN 4.291 0�GIN b;,IS MARKED-WELKIN ENGINEERING,PC- piM1 / TRACT B . • DENOTES MONUMENT FOUND AS NOTED VI. / DOC.NO.97-88140 IR DENOTES IRON ROD•25 u , / /0 N IP DENOTES IRON PIPE O. RO N \N a 2p.p9 SN DENOTES RECORD SURREY NUMBER,WASHINGTON COUNTY SURREY RECORDS �T •��-. /bq J�� $ ( P) DENOTES RECORD DATA PER PUT OF"BARNUM PARK' GVV1 \.... • .+ 5)94:44 G S + ( 5) DENOTES RECORD DATA PER SN 4,293 V� 1. '•BJ6' 1•R 51L5 a ED1 GR ,�G\ • �d PR' �. j2W�5Dr 6 \P R\ (S2) DENOTES RECORD DATA PER SN 10,968 /A 4-1 F \\\ N65 O 0 N• :`S `�.0. Pl P s\ B ARN U M AREA TABLE + ,051��0 B \• ) + ('BARNUM PARK E LOt 3 ORIGINAL AREA_ADJUSTED AREA TRACT A 23.723 SO.FT. 44.321 SO.FT. �5/8'IR,HELD TRACT B 26.230 50.Fi. 7,63250.-FT.-= SN 4,283 - N \ FEB q 2ao7 Q \*d P A R K� �Tr G:'l©EU ��: ."a SCALE: I-40' 25 .t. Z.��'•iln '1 C R E S M E R vOt, 17'1,,\,w,;,0• °I�, A. i Vlr, OFFS ION �� ENGINEERING■VI / PROFESSIONAL Y ND SURVEYOR S HURVEYING•PLANNING 0 / 7165 SW FO Loop,SlAte 204 H I L L S �]J�/� ��/// /�1�1 i'��\ GG���' \ 0S 1 0.1 �:i1Ll //i/ ► l, Td 150031598-12886 • `pt 3 C�V // "EGON ,�_�__, Feo.>5031508-1888 G��i-7/ \ \ /i JUIr - BRADLEY J. GABRIEL �� IInf Nmu^eem9.net $�• ses43 vn.e9meemaneT RFNL'YIS JULY 1,2007 ■ 424•7.67 80 973408 LAW F 94107 • Steve &Lori Jensen EXHIBIT 9975 SW Garrett Street MIS2007-00002 Tigard,OR 97223 JENSEN LOT LINE ADJUSTMENT Steven A. and Lori A.Jensen 9995 SW Garrett Street Tigard, OR 97223 Welkin Engineering,PC Attn:Jim Jacks 7165 SW Fir Loop, Suite 204 Tigard, OR 97223 2S102CB-03800 • • "" ` D-7 oI tof.5 JENSEN STEVE&LORI �n� /� 9975 SW GARRETT ST c CCC///ILL�// TIGARD,OR 97223 2S102CB-03700 JENSEN STEVEN A AND LORI A 9995 SW GARRETT ST TIGARD,OR 97223 02/01/2007 09:21 FAX 5035981960 CITY OF TIGARD IJ 002 Er ' LOT LINE ADJUSTMENT Ill TYPE I APPLICATION 7" P ,.. �''ti-- - . Cary�' error Gbger 13125 S Il�lYall BM, T OR 97223" f��,�_- ,� ,�� :::1----,,, ' . Phme 503439.4171 Fax:503.598.1960 FEB 2 7 GENERAL INFORMATION y�J11 PARCEL 1 �� !�!N/f�i( �!�f)!E f Property Address/Location(s): 99qS SLO-�0.rr�Ak t, Tax Map&Tax Lot#(s): ,2S) d2 G T,j 3-700 P_OR STAFF USE ONLY Site Size:;3723 " 0' S` ocil ,91111 ►:._y Ot S(o ac) Case N'o,(s): fVtt'S avc37 - 0 O 00.E Property Owner/Deed IRolder(s)*: Attach list if more than one) Other Case No.(s): Address:79 ci 5 S .0 MT-Q. S�-, Receipt No.: Kg() Oity/State:1 I3 c r n k Zip: I i A a3 Application Accepted By: C-A , P r i m a r y Contact: S �'v Q v 1 'S'2 h S 42 A Date: a/ rl i s Ov—! Phone:S O 6g,0--S S 73 Fax:S03 620- 9X4'9 0 PARCEL Date Determined Complete: a i.a p°- n( } 9 q?S S l v G o.:r. r R.,-Ai' ' i , rt.Zisios Property Address/Location(s):s • i\cvapl��uumnuagdtue \ot lime striustosent app.doe Tax Map&Tax Lot#(s):aZ S l' ,'Z C is goo . • Site Size:d26 25Ql'41 O d.G ► _. A,A. UL' .„_.. , 6c) Property Owner/DeedHo�der(s)*: (Attach list if more than one) REQUIRED SUBMII'TALELEMENTS Address: SA W■Q as 0. 01(.x2 . . (Note: applications will nit be accepted ' Oty/State: Zip: without the required submittal elements) Primary Contact: Phone: Fax liAapliCation Form Owner's Signature/Written Authorization Applicant*'/Agent: J) \kt vN E V\ ) \'e z r 1►'\ ) 1'C � �' 10 . rule Transfer Instrument or Deed Address: 7/6 S S Ui F►r (_ , S y c._____te m10 L►.1' rrevminarYMaP(2 copies) • City/State:Ti y a yr c O,Z Zip: 9?2p.3 Site/Plot Plan(2 copies} PrimaryO)ntact .. 1 Y4 So, .ks a ou RY , Phone:Sb3 S98-186(2 -�- 3! Fax:SQ3 59 lg(z8 0_ Ri°t '( � - �_-•- ') �' .Applicant's Statemenr(2 copies) *When the owner and the applicant are different people,the applicant must be F� 8 iess C titeria in IOC 18.410-040)' the purchaser of record or a lessee in possession with written authorization r,/ . from the owner or an agent of the owner. The owner(s) must sins this application in the space provided on the back of this form or submit a written i . authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: °2 parcels of ;25/79s3 and�6i.25 O (number) (acreage or square footage) into parcels of`(4i 3a) and 7,6.5.a.efr (number) (acreage or square footage) 02/01./2007, 09:22 FAX 5035981960 CITY OF TIGARD 16003 • 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 desca'bed on the front ofapplication 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 eoornsed upon the sulljest 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 anypermit issued,based on this application,maybe revolted if it is found that any such stag ate false. • The applicant has read the entire contents of the application, inckuding 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 G 6 'dayof �' LTA_w .. . ` 001 Apo-if .nil• •i .d Agent's Signature Owner's Signature Owner's Signature Owner's , -. .tore • CITY OF TIGARD 2/27/2007 C 13125 SW Hall Blvd. 2.41.32PM. - Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200700000000000880 ' Date: 02/27/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2007-00002 [LANDUS]Lot Line Adjustment 100-0000-438000 407.00 MIS2007-00002 [LRPF]LR Planning Surcharge 100-0000-438050 61.00 Line Item Total: $468.00 Payments: • Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check STEVEN&LORI JENSEN CAC 1001 In Person 468.00 Payment Total: $468.00 • -4' ; w i:',1.4,6 �v:;tti`iai%'' 'H:ptixdfgr . �?< -s:�"": o `'�•.. :.rnE��trr�i - STEVEN A. JENSEN -• ° '" i. 1001 r'• LORI A.JENSEN r, .. E O a i,t: 9995 SW GARRETT `.`.*1.:,'!.;_`:...,.: .,., ,,,-�., / •;- .....,:..';(fr• 30-7426/3140 TIGARD,OR 97223-5025 1'�,„.,,,F r.". .'1•`'gg D A'. 2. 0 F. to the :; ,,, n Order o� t, fit/ '';• •,'. 0: . 1',,$ f` ::>,: (.42(2.,- 4 f l i f +j'$ Sollars 6 .I,. ` ,I SAA FEDERAL'SAVINGS"BAN <:?t ",;,;•2'--:,. ."-: ■ .,+i0 `::i��;'.y%X10750'McDERMOTi FWV:r.....�,r.!;� ;,,;t'';.::.. ,�� '':':.'t�' .14 �;`SAN ANTONIO.TEXAS 78288.0544 �; f7,::,:,,,..... . 9 c A A r.(210)4,.9-BQ00.{-800.812 3724' + r.. cReceipt.rpt ;f.'! U 7M ". '',,'; ti . _f.. f. • • W E L K I N• ,_ � S72007 /E)i) • E N G I N E E R I N G, P. C . PI IkN(q!NG!E!\k-IINEE K..7 AUTHORIZATION I hereby authorize Welkin Engineering P.C. to act as my agent on my behalf to prepare and submit an application for a Lot Line Adjustment to the City of • d for properties at 9995 and 9997 SW Garrett Street, Tigard, OR. 0 Property owner/Deed holder Signature: �, , Date: Z/Z..1/o' -. Property owner/Deed holder Signature: IA ���. Date: a) 2-� 107 •7165 SW FIR LOOP, SUITE 204, TIGARD, OR 97223 (503) 598-1866, FAX (503) 598-1868 • • SECURITY TITLE GUARANTY CO. 10121 SE Sunnvside Rd. I Suite 265 I Portland,OR 97015 \ 0: 503.659.5881 F: 503.549.7928 . PRELIMINARY REPORT FOR TITLE INSURANCE Security Title Guaranty Co. Order No.P0002002 522 NW 23rd Street February 12, 2007 2nd Floor Portland, OR 97210 Attn: Georgina Perkins Phone No.: (503) 241-7100 Fax No.: (503) 241-5139 Email: gperkins @stgco.com PROPERTY ADDRESS: 9995 and 9975 SW Garrett St. Tigard, OR 97223 ALTA Owners Standard Coverage Liability $TBD Premium $TBD STR ALTA Lenders Extended Coverage Liability $TBD Premium $TBD Endorsements 9, 116 & 8.1 Cost $100.00 Govt Service Charge Cost $70.00 PROPOSED INSURED: TO BE DETERMINED We are prepared to issue Title Policy or Policies on request and upon recording of the appropriate documents, in the form and amount shown above, and as of 02/01/2007 at 8:00 a.m. title to the property herein described is vested in: PARCEL I: Steven A. Jensen and Lori A. Jensen, as tenants by the entirety PARCEL II Steve Jensen, also known as Steven Jensen and Lori Jensen, as tenants by the entirety Subject only to the exceptions shown herein and exclusions and stipulations which are contained in the policy form. No liability is assumed until the full premium has been paid LEGAL DESCRIPTION: See Exhibit A attached hereto and made a part hereof. • • SCHEDULE A Order No.: 00-926075-28 Policy No.: 27-041-92 1016762 Amount of Insurance: $ 122,045.00 Premium Amount: $ 667.00 Date of Policy: January 22, 2004 at 02:41 p.m. 1. Name of Insured: USAA Federal Savings Bank, its successors and/or assigns 2. The estate or interest in the land which is encumbered by the insured deed of trust is: A Fee 3. Title to the estate or interest in the land is vested in: Steven A. Jensen and Lori A. Jensen, as tenants by the entirety 4. The insured deed of trust and assignments thereof, if any, are described as follows: A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $122,045.00 Dated: January 16, 2004 Grantor: Steven A. Jensen and Lori A. Jensen, as tenants by the entirety Trustee: Fidelity National Title Insurance Company Beneficiary: USAA Federal Savings Bank Recorded: January 22, 2004, Recorder's No. 2004-006289 5. The land referred to in this policy is situated in the County of Washington, State of Oregon, and is described as follows: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED Page 1 Preliminary Report • 1 Page 2 of 6 Order Number: P0002002 Exhibit A PARCEL I: A part of Lot 11, FREWING'S ORCHARD TRACTS, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the most Northerly corner of said Lot 11; thence South 59°55' West 310.00 feet; thence South 24°27' East 84.4 feet; thence North 61°02' East along the North line of that certain tract described in Mortgage recorded May 5, 1952 in Book 282, Page 93, Mortgage Records of Washington County, Oregon, 317.16 feet; thence North 29°22' West 90.1 feet to the place of beginning. PARCEL I1: A part of Lot 11, FREWING'S ORCHARD TRACTS, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at an iron rod on the Northeasterly line of Lot 11, FREWING'S ORCHARD TRACTS, in the City of Tigard, County of Washington and State of Oregon, and which iron rod is North 29°22' West 230.0 feet from the most Easterly corner of said Lot 11; thence along the Northeasterly line of said Lot 11, North 29°22' West 90.1 feet to an iron rod; thence South 61°02' West 317.16 feet to a point on the Southwesterly line of said Lot 11, from which point an iron rod bears North 61°02' East 20.06 feet; thence along said Lot line, South 24°27' East 84.40 feet to a point from which an iron rod bears North 62°05' East 20.04 feet; thence North 62°05' East 324.5 feet to the point of beginning. TI 149 Rev. 5-99 Preliminary Report • • Page 3 of 6 Order Number: P0002002 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments or real property or by public records; proceeding by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not whom by the records of such agency or by the public records. 2. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims or easement or encumbrances which are not shown by the public records, unpatented mining claims, reservation or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. 6. City liens, if any, of the City of Tigard. Note: There are no liens as of February 1, 2007. 7. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. THE FOLLOWING AFFECTS PARCEL I 8. Deed of Trust and the teens and conditions thereof. Grantor: Steven A. Jensen and Lori A. Jensen Beneficiary: Mortgage Electronic Registration Systems, Inc. (MERS) Lender: USAA Federal Savings Bank Trustee: Fidelity National Company Amount: $122,045.00 Dated: January 16, 2004 Recorded: January 22, 2004 Fee No: 2004006289 Loan No.: Not disclosed MIN No.: 100105600014706302 9. Line of Credit Trust Deed, including the terms and provisions thereof, given to secure an indebtedness of up to $125,000.00. Grantor: Steven A. Jensen and Lori A. Jensen Trustee: Michael G. Magnus, Esq. Beneficiary:. USAA Federal Savings Bank ("USAA FSB") Dated: October 19, 2006 Recorded: November 13, 2006 Fee No. 2006134728 Tl 149 Rev. 5-99 Preliminary Report • • Page 4 of 6 • Order Number: P0002002 THE FOLLOWING AFFECTS PARCEL II: 10. Recordable Notice of Covenant, including terms and provisions thereof. Recorded: September 9, 1976 in Book 1111, Page 382 • 11. Deed of Trust and the terms and conditions thereof. Grantor: Steven Jensen and Lori Jensen Beneficiary: Mortgage Electronic Registration Systems, Inc.(MERS) Lender: Nexstar Financial Corporation Trustee: Fidelity National Title Insurance Company Amount: $157,000.00 Dated: March 18, 2003 Recorded: March 24, 2003 Fee No: 2003043426 Loan No.: 0012696902 MIN No.: 100051700126969022 13. 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: A judgment search should be ordered when the buyers' names are known. NOTE: According to the public record, the following Deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE NOTE: Taxes for the year 2006-2007, paid in full. Tax Amount $2,208.29 Code No.: 023.74 Map &Tax Lot No.: 2S12CB-03700 Property ID No.: R466141 Affects Parcel I NOTE: Taxes for the year 2006-2007, paid in full. Tax Amount $2,240.10 Code No.: 023.74 Map &Tax Lot No.: 2S 12CB-03800 Property ID No.: R466150 Affects Parcel II 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. T1 149 Rev. 5-99 Preliminary Report • • Page 5 of 6 Order Number: P0002002 Should you have any questions concerning this report or your escrow, please contact Georgina Perkins at (503) 241-7100. • Security Title Guaranty Co. Deanna Wright, Sr. Examiner Phone: 503-659-5881 Fax: 503-549-7928 Email: dwright @stgco.com DW/ad cc: Steven A. Jensen Lori A. Jensen TI 149 Rev. 5-99 Preliminary Report • • Page 6 of 6 .Order Number: P0002002 • Security Title Guaranty Co. SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY (10/17/92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: I. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of thesela«s,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land 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,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records of Date of Policy; 2. Rights of eminent 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 binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy:or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability of failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the line of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising form an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency, or similar creditors'rights laws,that is based on: (i)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer;or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA OWNER'S POLICY(10/17/92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(t)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)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,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; 2. (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,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records of Date of Policy;Rights of eminent 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 binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights 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; (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or its of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. SCHEDULE OF STANDARD EXCEPTION The ALTA standard policy fonts will contain in schedule B the following standard exceptions to coverage: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceeding by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not whom by the records of such agency or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements.claims or easement or encumbrances which are not shown by the public records,unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 4. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 5. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose. NOTE:A SPECIMEN COPY OF THE POLICY FORM ICR FORMS,WILL B EFURNISED UPON REQUEST I Ti 149 Rc,5-99 TI 149 Rev. 5-99 SECURITY itrLE GUARANTY O. r... Closing The American Dream Since 1946 '�-.`.t This sketch is furnished as a courtesy only and is solely for the purpose of assisting in locating the premises and Security Title Guaranty Co. expressly disclaims any liability which may result from reliance made upon it. 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L\ //., 4900 002:-0 • • Lender's Extended Order No.: 00-926075-28 Policy No.: 27-041-92 1016762 SCHEDULE B PART I This policy does not insure against loss or damage land the Company will not pay costs, attorneys'fees or expenses) which arise by reason of: 1. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of streets, roads and highways. Page 3 • • • Lender's Extended Order No.: 00-926075-28 Policy No.: 27-041-92 1016762 SCHEDULE B PART H In addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the land described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures that these matters are subordinate to the lien or charge of the insured deed of trust upon the estate or interest: NONE Page 4 • • • Lender's Extended Order No.: 00-926075-28 Policy No.: 27-041-92 1016762 EXHIBIT "ONE" A part of Lot 11, FREWING ORCHARD TRACTS, in the City of Tigard, Washington County, Oregon described as follows: . Beginning at the most Northerly corner of said Lot 11; thence South 58°55' West 310.0 feet; thence South 24°27' East 84.4 feet; thence North 61°02' East along the North line of that certain tract described in mortgage recorded May 5, 1952, in Book 282, Page 93, Mortgage Records of Washington County, Oregon, 317.16 feet; thence North 29°22' West 90.1 feet to the place of beginning. • Page 2 • • / W E L K I N . .�E /ENGINEERING IN , P. C Lot Line Adjustment Application — Applicant's Statement Addressing TDC 18.410.040 9995 and 9997 SW Garrett Street Assessor's Map T2S, R1 W, 02CB, Tax Lots 3700 and 3800 Each section of TDC 18.410.040 is listed below with an explanation of how the proposed adjusted lot lines meet the R-4.5 Zone requirements and the Tigard Development Code. 18.410.040 Approval Criteria — Lot Line Adjustment. 1. An additional parcel shall not be created by the adjustment and the parcels shall continue to meet the minimum lot size of 7,500 square feet in the R-4.5 Zone. Response: Currently, there are two lots and no new lots are proposed. 2. The lot and structures on the lots shall not violate the site development or zoning regulations for the R-4.5 Zone. Response: One house exists on each lot. The proposed adjusted lot lines will not violate the TDC requirements. 9995 SW Garrett(Tract A). The existing home's location on the new lot will be: Minimum Lot Size of 7,500sf: Proposed Tract A is 44,321 sf. Average Minimum Lot Width of 50ft: 136.59 ft. (93.31 + 179.88 /2 = 136.59ft). Maximum Lot Coverage: Not applicable as there is none in the R-4.5 Zone. Minimum Front Setback of 20 ft.: 35.1 ft. (no change). Minimum east Side Setback of 5 ft.: Proposed 18.5 ft. Minimum west Side Setback of 5 ft.: Proposed 24.6 ft. Minimum Rear Setback of 15 ft.: Proposed 210+ft. Side or Rear Yard abutting more restrictive zone: Not applicable. Distance between property line and front of garage of 20 ft.: 35.1ft. (no change). 9975 SW Garrett. The existing home's location on the new lot will be: Minimum Lot Size of 7,500sf: Proposed Tract B is 7,652 sf. Average Minimum Lot Width of 50ft: Proposed 76.5 ft. (76.5+76.5/2 = 76.5). Maximum Lot Coverage: Not applicable as there is none in the R-4.5 Zone. Minimum Front Setback of 20 ft.: Proposed 35.0 (no change). Minimum east Side Setback of 5 ft.: Proposed 7.4 ft. Minimum west Side Setback of 5 ft.: Proposed 7.6 ft. Minimum Rear Setback of 15 ft.: Proposed 34+ft. Side or Rear Yard abutting more restrictive zone: Not applicable. Distance between property line and front of garage of 20 ft.: 40+ ft. (no change). Lot Line Adjustment • 9995/9975 SW Garrett Street Page 2 3. The resulting parcels shall conform to the dimensional standards of the R-4.5 Zone: a. The minimum width of the building envelope area shall meet the lot requirement of the R-4.5 Zone. Response: The R-4.5 Zone does not have a Lot Coverage requirement. b. The lot area shall be as required in the R-4.5 Zone (7,500 sf). Response: The adjusted lot at 9995 SW Garrett(Tract A) is proposed to be 44,321 sf. The adjusted lot at 9975 SW Garrett(Tract B) is proposed to be 7,652 sf. c. Each lot shall front on a public right-of-way by at least 15 feet. Response: As shown on the site/plot plan Tract A is proposed to have 93.31 ft. of frontage and Tract B is proposed to have 76.50 ft. of frontage. d. Setbacks shall be as required by the R-4.5 Zone. Response: See p. 1, No. 2. The lot setbacks will meet or exceed the required setbacks. 4. Criterion 4 addresses flag lots. Response: The proposed lots will not be flag lots, thus Criterion 4 does not apply. Tract A does not meet the definition of"Flag Lot"(TDC 18.120.030, A, 89, c)which says a flag lot must have "...a strip of land out to the street for an access drive." Tract A does not have a strip for an access drive because the "strip" is too wide and the existing house rests on that portion of the lot. Additionally, Tract A is proposed to have a 93.31 foot frontage on SW Garrett Street which is too wide to be considered, "...a strip of land." Finally, the definition says a flag lot"...results from the subdivision or partitioning..." and Tract A does not result from a subdivision or partition — it results from this lot line adjustment. The frontage for Tract A is now 84.96 ft. and it is proposed to be 93.31 ft. The frontage for Tract B is now 84.85 ft.and it is proposed to be 76.50 ft. 5. A fire hydrant may be required when accessway length detrimentally affects fire- fighting. Response: The accessways to the two existing homes are their existing driveways which are 35 to 40 feet in length. There will be no change to the existing accessway lengths (driveway lengths), thus 5 does not apply. 6. This addresses common drives. Response: The proposed lots will not include common drives (each lot has its own driveway and no change is proposed), thus 6 does not apply. 7. This addresses accessways. 7165 SW Fir Loop, Suite 204 • Tigard, OR • 97223 (503) 598- 1866, fox(503) 598- 1868 info @welkinengineering.net Lot Line Adjustment • 9995/9975 SW Garrett Street Page 3 Response: The proposed lot line adjustment will not include a new accessway and the existing accessways (driveways)are not proposed to change. The driveway for each of the existing houses will not change. End. • 7165 SW Fir Loop, Suite 204 • Tigard, OR • 97223 (503) 598- 1866, fox(503) 598- 1868 info @welkinengineering.net WASHINGTON COUNTY SURVEYOR'S OFFICE ACCEPTED FOR FILING PRELIMINARY MAP OF A PROPERTY LINE ADJUSTMENT \ A PORTION OF LOT 11, FREWING ORCHARD TRACTS LOCATED IN THE S.W. 1/4 OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE I WEST, WILLAMETTE MERIDIAN, \ WASHINGTON COUNTY, OREGON FEBRUARY 8, 2007 FOR: STEVE JENSEN \ NARRATIVE THE PURPOSE OF THIS SURVEY IS TO LOCATE AND MONUMENT THE BOUNDARY OF THOSE PARCELS OF LAND DESCRIBED IN DOCUMENT NO. 97-88140 & 94-32742, WASHINGTON COUNTY DEED RECORDS 0 AND TO ADJUST THE COMMON PROPERTY LINE THEREOF.\\ \ 0 \\,_5/8" IR, HELD o. 2 THE SOUTHEASTERLY LINE OF THE SUBJECT PARCELS WAS ESTABLISHED BY HOLDING THE MONUMENTS \ FOUND IN SN 10,966 V3 FOUND AT EACH END PER SN 4,293. THE SOUTHWESTERLY LINE (ALSO THE NORTHEASTERLY RIGHT OF rdi o (A. WAY LINE OF S.W. GARRETT STREET) WAS ESTABLISHED BY HOLDING THE MONUMENTS FOUND AS s) 0 '' 3? SHOWN. THE NORTHWESTERLY LINE WAS ESTABLISHED BY HOLDING THE FOUND MONUMENT AT THE 0 29 N �-. SOUTHWESTERLY END AND THE DEED DISTANCE OF 90.1 FEET NORTHWESTERLY ALONG THE i)co X 10' % NORTHEASTERLY LINE FROM THE COMMON CORNER OF THE PARCELS THE NORTHEASTERLY LINE WAS + �0 TRACT A �� ESTABLISHED BY HOLDING THE MONUMENT FOUND AT THE SOUTHEASTERLY END AND THE COMMON 1 rn 511 ,-'I �. CORNER, THEN PROJECTING THAT LINE NORTHWESTERLY THE DEED DISTANCE AS PREVIOUSLY STATED. \ �, Q•Qg DOC. NO. 94-32742 ; THE BASIS OF BEARINGS IS THE NORTHWESTERLY LINE OF THE PLAT OF "BARNUM PARK" BETWEEN ZO o 6 / THE TWO MONUMENTS FOUND AS SHOWN. �pPER / 5/8" II?, ELD 0'P •CA p�1p,� / \ g .. LEGEND / 5/8" IR, HELD l 1/2" IP, HEW '' �/ 5� , SN 4,293 FOUND IN SN 10,966 •�'J'11'31�.N6 \ O DENOTES SET 5/8" X 30" IRON ROD WITH YELLOW PLASTIC CAP & SN 4,293, ORIGIN >6i 1/ 5+ MARKED "WELKIN ENGINEERING, PC" \ UNKNOWN 51� TRACT B j • DENOTES MONUMENT FOUND AS NOTED 10, —S--. DOC. NO. 97-88140 IR DENOTES IRON ROD 25 �`o 0 .' / IP DENOTES IRON PIPE 0 vp 0\/ Njp.� 09- �. Og SN DENOTES RECORD SURVEY NUMBER, WASHINGTON COUNTY SURVEY RECORDS sc,0 Ni ''• < '115 ° , O 62 �`�� o. 2g ( P) DENOTES RECORD DATA PER PLAT OF "BARNUM PARK" 0. �, S� 4• G ( 5) DENOTES RECORD DATA PER SN 4,293 Q .� P • :. i ••8.35' PR0? �, `g2 Lp ( 52) DENOTES RECORD DATA PER SN 10,966 LPG Sao �`ro 24�2�� � P`Sal o�'3 . � s 0 2 F \ cS.9 7 o cr, •� �cp c ° 7 ``'� 'o Zo , Q� 5 AREA TABLE ,� p0 96 P` 173 1 o4. e• BARNUM 1 �• 10 (5/8" IR, ON LINE o 3 ORIGINAL AREA ADJUSTED AREA "BARNUM PARK" ‘,01 TRACT A 25,723 SQ. FT. 44,321 SQ. FT. '-' �5/8" IR, HELD TRACT B 26,250 SQ. FT. 7,652 SQ. FT. SN 4,293 5 ‘,01 (i) 0001‘\ \ \ Zo P A R K REMr1 SCALE: r=40' 1 \ Lp�C R E S M E R � 2 0�• , \ Lp `- i 2 � REGISTERED ENGINEERING �p'� PROFESSIONAL -a SURVEYING .PLANNING LAND SURVEYOR °!�� 7165 SW Fir Loop,Suite 204 sr?) J HILLS Portland,OR 97223 AM''1 1=li 1 _ .,,.I i%LA:Js Tel:(503)598-1866 �� \ Lp� • EGON Fax:((503)598-1868 Lp ¢�S� JULY 13, 1••• - - ( ) BRADLEY J. GABRIEL infoQwelkinengneering.net• G 58543 �/ � 5 \ www.welkinengineering.net Cam, RENEWS: .JULY 1, 2007 Job 07-500.03 eJG 0750 03PLA.dwg 218A7 0415 Abd 7 4. 1)46°6 WASHINGTON COUNTY SURVEYOR'S OFFICE ACCEPTED FOR FILING SITE / PLOT PLAN OF A PROPERTY LINE ADJUSTMENT \ A PORTION OF LOT 11, FREWING ORCHARD TRACTS LOCATED IN THE S.W. 1/4 OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE I WEST, WILLAMETTE MERIDIAN, \ WASHINGTON COUNTY, OREGON FEBRUARY 8, 2007 FOR: STEVE JENSEN \ NARRATIVE t THE PURPOSE OF THIS SURVEY IS TO LOCATE AND MONUMENT THE BOUNDARY OF THOSE PARCELS OF LAND DESCRIBED IN DOCUMENT NO. 97-88140 & 94-32742, WASHINGTON COUNTY DEED RECORDS s, AND TO ADJUST THE COMMON PROPERTY LINE THEREOF. 0 \ 5/8" IR, HELD ©. Z THE SOUTHEASTERLY LINE OF THE SUBJECT PARCELS WAS ESTABLISHED BY HOLDING THE MONUMENTS FOUND IN SN 10,966 4,293. THE SOUTHWESTERLY LINE (ALSO THE NORTHEASTERLY RIGHT OF ca V3 FOUND AT EACH\ o WAY LINE OF S.W EGARRETT STREET) WAS ESTABLISHED BY HOLDING THE MONUMENTS FOUND AS 1 11 '- �" SHOWN. THE NORTHWESTERLY LINE WAS ESTABLISHED BY HOLDING THE FOUND MONUMENT AT THE p 51 (P . N �.. SOUTHWESTERLY END AND THE DEED DISTANCE OF 90.1 FEET NORTHWESTERLY ALONG THE �� �, ��10' �O.. NORTHEASTERLY LINE FROM THE COMMON CORNER OF 7HE PARCELS. THE NORTHEASTERLY LINE WAS 1 TRACT A ESTABUSHED BY HOLDING THE MONUMENT FOUND AT THE SOUTHEASTERLY END AND THE COMMON '`y' '511• + 51 �,,\ �L CORNER, THEN PROJECTING THAT LINE NORTHWESTERLY THE DEED DISTANCE AS PREVIOUSLY STATED. \ c„ 0.00 DOC. NO. 94-32742 ; THE BASIS OF BEARINGS IS THE NORTHWESTERLY ' LY LINE OF THE PLAT OF "BARNUM PARK BETWEEN 20 'o '� „> THE TWO MONUMENTS FOUND AS SHOWN.N <Q__.., HELD �� QROQE / 5/8 SN,4,293 ACA. 0' 2 �`G,aPL / o \ i 9 / LEGEND 2 �\ g 2" '' /69:9.51 ' S� SN84,293HELD . • D IN SN 1,966 ,,�1 1:c- • �i 0 DENOTES SET 5/8" X 30" IRON ROD WITH YELLOW PLASTIC CAP t & SN4,293, 0: GIN ,\ MARKED "WELKIN ENGINEERING, PC" \ UNKNOWN > ' / -5 - TRACT B • DENOTES MONUMENT FOUND AS NOTED o\ o / DOC. NO. 97-88140 S'' IR DENOTES IRON ROD 25 'a,LA / • CP N 1' 0 20 N IP DENOTES IRON PIPE 0 P. �P• '. 1 .., 09 SN DENOTES RECORD SURVEY NUMBER, WASHINGTON COUNTY SURVEY RECORDS 0\‘ ' \ N O. .� 20 �Q .. / / 5 0 , ( P) DENOTES RECORD DATA PER PLAT OF "BARNUM PARK" cos 62 ��E o: 9 � ':� r\ s) 0 4. G 5 5) DENOTES RECORD DATA PER SN 4,293 eA. 2�`5 01 ( ) 9652°!: GA ..'e\ p P rn 2 \ ( S2) DENOTES RECORD DATA PER SN 10,966 ik 0\ c; ,y1,- 0 \ crn P ' 62�� X. �, •� OF -�' �. sir. �.N" �o �© 0,_______ 5 � AREA TABLE 13 `.1/' ,P 00 g6 Q� o�. � B A R l� C1 � \ \ 10�52 5/8" IR, ON LINE ORIGINAL AREA ADJUSTED AREA "BARNUM PARK" L TRACT A 25,723 SQ. FT. 44,321 SQ. FT. ...A ....: N.....--.--. \ 5/8" IR, HELD TRACT B 26,250 SQ. FT. 7,652 SQ. FT. SN 4,293 5 %.01 rte \ ..•k\ \ \ Z .. V' • PARK\ o SCALE: 1"=40' 25, C R E S M E R 2 0 tC >'7 `\ '' REGISTERED 1 c 2 `I ENGINEERING ,,o PROFESSIONAL -:rte LAND SURVEYOR SURVEYING •PLANNING v 7165 SW � ° Fir Loop,Suite 204 H I L L c'.a 1 Portland,OR 97223 �� \ �0� J •`EGON A Tel: and, R 97266 0� °� • Fax:(503)598-1888 JULY 13. 1999 ENGINEERING, P.C. �' BRADLEY J. GABRIEL M IS A00 . 7 OW02-- 38543 J info @v�telkiner►gneecing.net www.welkinengineering.net s � RENEWS: JULY 1, 2007 "' .bb o7-soaos e,IG o7S0oa LA.dwg 2/8/07