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MIS2007-00019
t• • • NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2007-00019 ja o At BESS LOT LINE ADJUSTMENT rf 120 DAYS = 4/8/2008 SECTION I. APPLICATION SUMMARY FILE NAME: BESS LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2007-00019 PROPOSAL: The applicant proposes to adjust three (3) lot lines which will reconfigure three (3) separate lots to correct an error in the onginal survey for the three properties. Lot 1 is 12,760 square feet and will become 15,343 square feet; Lot 2 is 12,770 square feet will become 15,359 square feet; Lot 3 is 42,486 square feet and will become 37,313 square feet. APPLICANT: Bob Bess 10595 SW 71st Avenue Tigard, OR 97223 OWNERS: LOT 1: Bob G. Bess and Eva Jo Bess LOT 2: M. Louise &Charles Burnett 10595 SW 71st Avenue 10565 SW 71"Avenue Tigard, OR 97223 Tigard, OR 97223 LOT 3: Betty J. Sittel 10560 SW 72nd Avenue Tigard, OR 97223 LOCATIONS: LOT 1: WCTM 1S136AC,Tax Lot 400, 10595 SW 71"Avenue (12,760 square feet) LOT 2: WCTM 1S136AC,Tax Lot 401, 10565 SW 71'Avenue (12,770 square feet) LOT 3: WCIIVI 1S136AC, Tax Lot 300, 10560 SW 72nd Avenue (42,486 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 ermitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.520. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION MIS2007-00019-BESS LOT LINE ADJUSTMENT PAGE 1 OF 4 • CONDITION OF APPROVAA 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) 718-2712. 1. The applicant shall record lot line adjustment survey map with Washington County Surveyor's within 18 months of this decision. The applicant shall submit a copy of the recorded survey map (showing County certification) to the City within 15 days of filing at the County. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information and History: The subject lots are located on the south half of SW Pine Street between SW 71"and SW 72nd Avenues. The subject properties are flat and a single family home exists on each. The homes on Lots 1, 2 and 3 were built in 1962, 1960 and 1930, respectively. The subject properties are in the R-4.5 zone in an area with similar lots significantly larger than the minimum lot size of 7,500 square feet. There have been no previous land use decisions for the subject properties. The rear property line of Lot 3 abuts against the rear properly lines of Lots 1 and 2. The owners are seeking a lot property adjustment because of an error in the on m survey that shows Lot 3's rear boundary 30 feet further than it should be. On September 7, 2007, a stipulated judgment by the Washington County Circuit Court ordered the subject property owners to apply for a lot line adjustment to correct the error (Case No. 007-1025 CV). Proposal Description: The applicant proposes to adjust three (3) lot lines, which will reconfigure three (3) separate lots to correct an error un the original survey for the three properties. Lot 1 is 12,760 square feet and will become 15,343 square feet; Lot 2 is 12,770 square feet will become 15,359 square feet; Lot 3 is 42,486 square feet and will become 37,313 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. Three lots exist and three lots will remain. Lots 1 and 2 exceed the muucnum lot size of 7,500 square feet and will increase in size. Lot 3 exceeds the minimum lot size and will be reduced to 37,313,well above the minimum lot size. By reducing the lot size the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; NOTICE OF TYPE I DECISION MIS2007-00019-BESS LOT LINE ADJUSTMENT PAGE 2 OF 4 Lot 3 will be reduced. Non f the homes will be in violation of sitevelopment or R-4.5 zoning district regulations. There is an existing garage on Lot 3 that will be brought into Lot 2 after the lot line adjustment. This garage will have a setback of 2 feet 6 inches from the rear property line. While accessory structures are required to be 5 feet from rear and side property lines, the subject structure would be considered a legal non-conforming structure. The owner indicates that a Washington County building permit from 1960 allowed the garage to be 2 feet 6 inches from what was thought to be the rear property line. In addition, the garage has always functioned as though it were on Lot 2. After correcting the error through this lot line adjustment, the garage will be on its intended lot. Therefore, no structures will be in violation of site development or zoning district 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 • Setbacks shall be as required by the applicable zoning district. The proposed lot line adjustment meets these criteria as shown below: • The widths of the building envelope area for Lots 1, 2 and 3 will continue to exceed the required minimum of 50 feet. The average widths of the building envelope area for the subject lots will be as follows:Lot 1- 88.00 feet;Lot 2- 88.07 feet; and Lot 3- 176.07 feet; • Lots 1, 2 and 3 will continue to exceed the minimum lot size of 7,500 square feet. Lot 1 will be 15,343 square feet, Lot 2 will be 15,359 square feet and Lot 3 will be 37,313 square feet. None of the lots are flag lots,therefore the flag lot provision does not apply. • Each lot fronts a public right-of-way by at least 15 feet. Lot 1 has-88 feet of frontage,Lot 2 has 88.07 feet and Lot 3 has 176.07 feet; and • The R-4.5 zoning district requires the following setbacks: 20 feet front, 5 feet side, 15 feet street side, 15 feet rear and 20 foot garage. Setbacks for Lot 1 are as follows: 40 feet front 8 ft 9 in side, 16 ft 4 in street side, 90 feet rear and 32 feet garage. Setbacks for Lot 2 are as follows: 36 feet front, 5 ft 3 in and 10 ft side, 95 feet rear and 30 feet garage. Therefore, setbacks will be as required by the zone. Lot 3 will continue to have front and side setbacks exceeding 50 feet and a rear setback exceeding 100 feet. 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. None of the lots are flag lots. Therefore,these criteria do 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 direct access to the street. The lengths of the existing driveways are not being changed and should not be of concern. 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. There are no common drives. Therefore,this criterion does not apply. NOTICE OF TYPE I DECISION MIS2007-00019-BESS LOT LINE ADJUSTMENT PAGE 3 OF 4 Any access way shall Illy with the standards set forth in Ililipter 18.705: Access, Egress, and Circulation. Each lot has direct access to the street. Existing accesses comply with Chapter 18.705 and will not change as a result of the lot line adjustment. Therefore,this critenon is met. 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 dedication is 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 has not requested a variance or adjustment. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met for Lots 1, 2 and 3. 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 DECEMBER 13, 2007 AND BECOMES EFFECTIVE ON DECEMBER 14, 2007. estions: Ie 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. 7 .4 . ■/Ld December 13 ,2007 PRE ' D B •.e DATE Assistant Planner NOTICE OF TYPE I DECISION MIS2007-00019-BESS LOT LINE ADJUSTMENT PAGE 4 OF 4 . _____ _ _— __— ! ---"H ''r i, i 1 `-' / CITY of TIGARD , - -________i i i - , -.. ;1 j' ' _ ;/ ') jr- ,.... ! I GEOGRAPHIC INFORMATION SYSTEM I I>7 ., __ I<I— 11 1 1 [ I _ 1-- I '-1 ..____J ci: 1 -----\ r 4, ' , 1 VICINITY MAP 1 __.1 U 1 - I J ,_ <„ ht LOCUS I - J t LOCUST _.L__J Hin 1 ST f—1 1------7 . 1 - _,__,s...- w <------- MIS2007-00019 r-- I 1 0 I- 2 . —I- —7— BESS LOT LINE , . . , --.. > • >: ‹ \ ADJUSTMENT MAPLELEAF; • ST ( ‹.____ , I i 1 L i — 1— ---1)--1 . cc. 1 .::d L :I •1 // —4 d all 11 1- L AI- C,1 ■ OAK ST , r•••: OAK ST I I CC LEGEND: • • ,---- • SUBJECT _ 01111141:..., i - . r . L. > sin A Lu ‹ 4 _ r-• . > '.-0111 '\111°1111111:1 . • . •ror < PINE . da , _ .1 1 - ST S . .: . .. . . • ;,:i ;;,''• . • • ; ,0 . . _ a ii ; •,,,..'s' EJ'--'-• • - 1::T,''-; Illp --.5 - .<9., -.i r.... 1 -. , ,,,, .:- -,9,--- - %F■CAN:TA4* tr: I,- . . Alma-, SPRUCE ST co ESI t=, S U.1 o = 0 C=1 =7 > A = = = N , 'Tigard Area MAP o 11111011, \14 I I 9 0 I?I I 11#A I= cg =I 0 0 80 160 240 320 400 Feet g o o o o o o r:::1 dimi.=■•■ Tn o o o o ZilliIlli. 11 1 1111101111.1111 • P . 1".308feet 1 ''Y amrofnl ltion on this era location only and should be verified with Development Services Division. '. ',-7h:ta!e!Deoregillool A . 13125 SW Hall Blvd Tigard,OR 97223 \ , ._ i (503)639-4171 http://www.ci.tigard.or.us/ Plot date:Dec 12,2007;C:\magic\MAGIC03.APR Community Development -4 LEGEND NOTES NARRATIVE PROPOSED PROPERTY LINE ''O—MONUMENT FOUND AS NOTED-IRONS FOUND I.REFERENCE MATERIAL; THE PURPOSE OF THIS SURVEY IS TO MONUMENT A PROPOSED PROPERTY LINE ADJUSTMENT SURVEY BENT WERE 57RAGHTEN[D. PLATS: 'METZGER ACRE TRACTS'.'PARTITION ADAJSTMENT BETWEEN TIC LAND AS DESCRIBED IN WASHINGTON COUNTY DEED BOWL 761 •--5/6 710 INCH IRON Kam SET WIN YELLOW • PAGE 502 AND DUD DOCUMENTS 36-040666 AND 2005-075551.THE HELD CREW FO0.BOB eE55 PLASTIC CAP INSCRIBED'HERTEL PLS 1696' PLAT 1991-001' CONSISTED Or BENUMM STACY PIS 57191 AND TOM'NERIEL.A 1WL0 1-1000 THEODOLITE IN LOTS T 4 AND 5, OF SE 46 5 T 15ER ACRE TRACTS" SURVEY NUMBERS:6906.30.01 IN THE NE 1/4 OF SEC.76,T.IS,R.lW.W.M. ( )—RECORD SCARING AND/OR DISTANCE BY AND A 0-1000 DISTANCE METER WAS USED FOR PRIMARY MEASUREMENTS, WASHINGTON COUNTY,OREGON SUBSET NUMBER. DEEDS:(BOOK/PAGE)765/502 TO ESTABLISH THE SOUTH LNC Of BOOT 46'VIEWER ACRE TRACTS'.■HELD SCALE:1"=30' DECEMBER%x,2006 ( )—PROBABLE ORIGIN OR FIRST RECORD OF MONUMENT (DOCUMENT NO.)66-0.0636,2005-75555 MONUMENTS C)AND 4G, EN SURAT NUYRCR. TO(SIMIAN IHE 610H1-Of-WAY OF 5.0. 7151 AVENUE,1 HELD RECORD ANGLE(PER SN Q—B'SUR[R PONT NUMBER. 6906)Al MONUMENT(I)BASED FROM THE ABOVE ESTABLISHED SDU1H LINE or BLOCK A6. 0 15 30 45 60 2.BASIS OF BEARNG:BETWEEN MONUMENTS CD AND AS BEND 0.11 FI—CENTERLINE 10 ESTABLISH THE WEST ONE Or BLOCK 46.•HELD MONUMENT t P—IRON PIPE ca).PER 54 6906. FEET WEST(PER SN 20431)ALONG W11H MONUMENT . Xi—IRON ROD 10 ESTABLISH THE NORTH LINE Of LOTS 4 HAS 5,I HELD A PARALLEL BEARING TO THE SM—SURVEY NUMBER.COUNTY SURVEY RECORDS, ABOVE ESTABLISHED SOWN BLOCA INC.BASED FR WI ERSE MONLATENT�, WhPC—MTH YELLOW PLASTIC CAP 10 ESTABLISH POINTS 19 , ®,©,INTERSECTED IRE ABOVE ESTABLISHED • PLAT —PLAT OF 1JETIGER ACRE TRACTS' LINES. —A—X—�lCNCC TO ESTABLISH THE NORM LINE OF DOCUMENT 86-040666,I HELD DEED DAI ISTGE TROY POINT(a)ALONG THE CENTERLINE Of SW 715T AVENUE ALONG WITH A PARALLEL BEARNG TO THE ABOVE ESTABLISHED SOUTH BLOCK LINE. THE PROPOSED ADJUSTED LINE WAS ESTABLISHED PER CLIENTS SPECtrtf.A IOTTyLIR',I 5.1.2 r gj B) ALL NEW MONUMENTS WERE SET ON DECEMBER 00.2006 K'x.JT i k U7 ', , y"' ()(1h �,��' II�) i)+'?' tY .,.ii;:CZ":al y Approved EX', only the work as described in: -. See L:iii:=•to: Follow _ f • Attach ')L'. iAddie s:_ / NERTELL _e:_____.__._ ._ l SURVEYORS INC. 1 !D 5/6'IRON ROO ,,..11.1, "6150 S.W. 1241H AVE. IC) I N75.2.-559/0.52' 30 b' SEAVERTON. OREGON 97008 !D RIFLE BARREL SN 6906) HELD PER 50 20.31 (501) 644-1119• )ISN. )1) 0.--•- 53756'OO� .15.78' ® --- .' Ne45e'00 0,11' Q.'" . 204,43' . TRW 515.00-0 111.55' 19.41' •,i` 145.00' -•'-♦ 10.00'-=•�® . 24 0.711' 17s.00 4' © I RECORDED ON«E 10681.2 POLYESTER FILM USING SO' SD' E. I 2.6' — I^o EXISTING HEWLETT-PAcAARO PROOUCT 0 • b I S PROPERTY I 110.516454 y I ^ou CHARLES BURNETT , _ ^ 9 d N Ir DOC.2005-75555 yF� a REGISTERED \ W EXISTING AREA TV g ' PROFESSIONAL PROPOSED I g 4`' w LAND SURVEYOR BETTY SITTER PROPERTY LINEN a 12,770 SQ.FT.(NET) AND OCCUPATpN TRANSFER I g PROPOSED AREA ¢ �/ BOOK)83 PAGE 502 �'� PARCEL m TO 1/11RON PIPE �,/ I g EXISTING AREA LINE 1 2.569 50.FT.I 15,359 SQ.F7.(001) N24•3e'451 0.1 J' PI /� H U N a 42,486 SQ.FT. c I Ii RECORD) cn 3 OEREK�� 0 - PROPOSED AREA - S6756'001 a �N 1896 z f 29.18' 145.00' 37,313 SQ.FT. I f ••, woo' EXPIRES 6/30/2007 f`' 116756'00^*204.16' )" 3 _n Si • ® 8i 1 a BOB BESS I � • 8 1j I DOC.86-040686 EXISTING AREA y g u I 12,760 SQ.FT.(NET) t' g PROPOSED AREA AY* $ t I G 'tg3 I$ 15,343 SQ.FT.(NET) a R r. I EXISTING - 4 PROPERTY Fr)1/('IRON PPE O I I/UN[ I Ne75e'oo1X 0.11' • FD 5/61RON ROD (4U.3, --- Ism 6906( N7724'05'0 0.51' 53758'001 241.63• (SN 6906] a �. C(.. . 29.1!' �'•1,_•-- 145.00' ( 1-,• 30.00' 293°.135°°' • ___ 212.50' S69'56'601 254.33' I ' 'anew*.115.66'C:, �I FO 1/419011 PIPE R (446.7'-ISN 6906) '&11 HELD(SN 4473) BASIS(1!BEARING — _ _ _ — _ _L fl 5.W.PINE STREET al R $I 9 z JOB NUMBER 735e WASHINGTON COUNTY SURVEYOR'S OFFICE FD 1/4IRON PIPE HELD(PUT) ACCEPTED FOR FILING • 1 S 136AC-00400 • BESS BOB G AND EVA JO 10595 SW 71ST AVE PORTLAND,OR 97223 1 -00401 BURNS URNETT M LOUISE&CHARLES 10565 SW 71ST AVE TIGARD,OR 97223 1S136AC-00300 SITTEL RALPH A BETTY J 10560 SW 72ND AVE PORTLAND, OR 97223 Washington County,Oregon 2007_128639 BARGAIN/SALE DEED-STATUAMBY FORM 2007 11:20:41 AM FOR PROPERTY LINE ADJUSNT Cnt=1 Stn=29 RECORD81 $2 .00$5.00$11.00-Total=$38.00 BETTY J. SITTEL --GRANTOR BOB & EVA JO BESS E --GRANTEES / rlCf 1 , 01197299200701286390040049 ST ',Richard Hobemlcht,Director of merit and 10595 SW 71 AVENUE Taxation and Ex-Officio County Clerk for Washington TIGARD, OR 97223 FEB `6• LVijd County,Oregon,do hereby certify that the within zyyj instrument of wilting was received and recorded In the book of records of said cou .��.;. After recording return to: crry " Richard Hobemicht,Director of A men ��° a Taxation,Exdmeio County Clerk '`C EVA JO BESS ��A 199 1=41�a�o� �P/ ATP/RING y 10595 SW 71ST AVENUE TIGARD, OR 97223 Until a change is requested, all tax statements shall be sent to the following address : BOB G. BESS EVA JO BESS 10595 SW 71ST AVENUE TIGARD, OR 97223 INDIVIDUAL GRANTOR BETTY J. SITTEL, Grantor, conveys to BOB G. BESS and EVA JO BESS , husband and wife, Grantees, the following real property situated in Washington County, Oregon, to-wit: SEE EXHIBIT "A" GRANTOR'S RECENT DEED- RECORDED IN DEED BOOK 783 , PAGE 502 GRANTEE' S RECENT DEED- RECORDED AS DOCUMENT NUMBER 86-040686 The intent of this deed is to adjust the property line between Grantor ' s and Grantee' s property, creating two new property descriptions which are described on Exhibit "B" - Grantor' s new description, and Exhibit "C" - Grantee ' s new description. The true consideration for this conveyance is 1, 600000 Dated this /(*h day of "( 1r`..,bC-'N" , 200 7 . • BEFORE SIGNING OR ACCEPTING THIS I•MENT, THE PERSON • TRANSFERRING FEE TITLE SHOULD INQUIRZ�ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT /mil /) MEASURE 37 (2004)). THIS INSTRUMENT DOES NOT ALLOW USE OF i '; / ° THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF �`T"'��� — — /_l-72Z7,77 i APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR -BETTY, J. TT E L 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 O B G. BESS PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). ` 1 t AM 46. * t EVA JO 1 SS STATE OF OREGON, County of W$616 \∎v ) ss 9 This instrument was acknowledged bec re me on oe*C ,o€X 1 LX , 2001 , by BETTY J. SITTEL. (.•� .- =,=... ti. �---�, OFFICIAL SEAL ((`J By I ti� 1 TRUDY FLORES ';∎ 444 NOTARY PUBLIC-OREGON ) Notary Publi or ATE OF OREGON, County of ' • Ilk t V !:t is • MISSION NO. � 7 O This instrum� a was acknowledged before me on '� /! Y !_. ISSIONEX' • AY 1472011 (�, 0� ' /A 10- it. • . 4.by :�B G. BE AND EVA • BESS . ` ""—1�1~~v a y Pub is for Oregon 0».,, " OFFICIAL SEAL -• 4 ERIN-L BOEHME n.;: ; \.:�../ NOTARY PUBLIC-OREGON �� COMMISSION NO.405792 MY COMMISSION EXPIRES MAY 8,2010 ***************************************************************************** EXHIBIT "A" TRANSFER TRACT A Tract of land in lot 5 , block 46 of "Metzger Acre Tracts" , a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Commencing at a 3/4 inch iron pipe at the southwest corner of lot 4, block 46, "Metzger Acre Tracts" , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89°58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 .50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL .PLS 1896" being the true POINT OF BEGINNING; thence, continuing along the north right-of-way of SW Pine Street, a distance of 29 . 33 feet; thence N00°04 ' 00"W a distance of 88 . 00 feet to the northwest corner of deed document number 86-040686; thence N89°58 ' 00"W a distance of 29 . 38 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" ; thence SOO°05 ' 54 "E a distance of 88 . 00 feet to the POINT OF BEGINNING, containing 2 , 583 square feet, more or less . • • Grantor acknowledges that she is adjusting her east property line with two adjacent land owners resulting in the following legal description . ************************************************************************ EXHIBIT "B" GRANTOR'S NEW DESCRIPTION A Tract of land being all of lot 4 and a portion of lot 5, block 46 of "Metzger Acre Tracts" , a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Beginning at. a 3/4 inch iron pipe at the southwest corner of said lot 4 , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89°58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 . 50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" ; thence N00°05 ' 54 "W a distance of 176 . 07 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896 " on the north line of said lot 5; thence N89°58 ' 00"W, along the north line of said lots 5 and 4 , a distance of 211 .35 feet to the northwest corner of said lot 4, from which a rifle barrel bears N89°58 ' 00"W 0 . 11 feet; thence S00°16 ' 22 "W, along the west line of said lot 4 and the east right- of-way of SW 72nd Avenue, a distance of 176 . 07 feet to the POINT OF BEGINNING, containing 37, 313 square feet, more or less . ************************************************************************* • • EXHIBIT "C" GRANTEE ' S NEW DESCRIPTION A Tract of land being a portion of lot 5, block 46 of "Metzger Acre Tracts " , a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Commencing at a 3/4 inch iron pipe at the southwest corner of lot 4 , block 46, "Metzger Acre Tracts" , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89°58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 .50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" being the true POINT OF BEGINNING; thence, continuing along the north right-of-way of SW Pine Street, a distance of 204 . 33 feet to the centerline of SW 71st Avenue, said point also being the southeast corner of deed document number 86-040686, from which a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" bears N89°58 ' 00"W 30 . 00 feet; thence N00°04 ' 00"W, along the centerline of SW 71St Avenue, a distance of 88 .00 feet to the northeast corner of deed document number 86-040686 ; thence N89°58 ' 00"W a distance of 204 . 38 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896 " ; thence S00°05 ' 54 "E a distance of 88 . 00 feet to the POINT OF BEGINNING, containing 15, 343 square feet, more or less, excluding that area within S.W. 71st Avenue, with the portion of said tract that lies within SW 71st Avenue being subject to the rights of the public . •± 4. County,Oregon BZ RGAIN/SALE DEED-STAY Y FORM 9/2007 09:57:17 AM 2007-129400 FOR PROPERTY LINE ADJU NT Øhlngton s Cnt=1 Stn=2g RECORD81 BETTY J. SITTEL --GRANTOR $20.00$5.00$11.00-Total=$36.00 REuttypD J M. LOUISE BURNETT &CHARLES BURNETT --GRANTEES 01198149200701294000040045 10565 SW 71ST AVENUE !1 I,Richard Hobsmicht,Director of Asseumint and ;) Taxation and Ex-Officio County Clerk for Washington ��.rt TIGARD, OR 97223 T county,Oregon,do hereby certify that the within � , � , C1TV instrument of wiling was received and recorded In the �L 99 �'��� book of records of said cou� � n ,n." After recording return to: PLAN Mi "�' C �� �'' g �.�l.._-,!P'�4nitjgr�' � RichardHobemlcht,DirectorofAssessmentand ''.'3 .00 M M. LOUISE BURNETT �!�" Taxation,Ex.Ofncio County Clerk CHARLES BURNETT 10565 SW 71ST AVENUE TIGARD, OR 97223 Until a change is requested, all tax statements shall be sent to the following address : M. LOUISE BURNETT CHARLES BURNETT 10565 SW 71ST AVENUE TIGARD, OR 97223 INDIVIDUAL GRANTOR BETTY J. SITTEL, Grantor, conveys to M. LOUISE BURNETT AND CHARLES BURNETT , husband and wife, Grantees, the following real property situated in Washington County, Oregon, to-wit: SEE EXHIBIT "A" GRANTOR'S RECENT DEED- RECORDED IN DEED BOOK 783, PAGE 502 GRANTEE'S RECENT DEED- RECORDED AS DOCUMENT NUMBER 2005-75555 The intent of this deed is to adjust the property line between Grantor' s and Grantee' s property, creating two new property descriptions which are described on Exhibit "B" - Grantor' s new description, and Exhibit "C" - Grantee ' s new description. The true consideration for this conveyance is LW,�ll,'. Dated this 1ty," day of Oc.shber , 200 s 7 . BEFORE SIGNING OR ACCEPTING THIS I•MENT, THE PERSON • TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR B S I TTE L 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 )�1� I 'v`�-i?i DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST jvj• �� I S E URN 1XT RIGHTICOF AS GHBIRIN IN ORS 30.930 AND TO INQUIRE ABOUT THE OWNERS, RIGHTS OF NEIGHBORING PROPERTY OWNERS,, IF ANYY,, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). CHARLES BURNETT ©218b7Z 16 STATE OF OREGON, County of i�14S • P;y OFFICIAL SEAL JJ Oeip� ,�, r . 1 ..__,.,, ": •• TRULY FL• 'ES I) This instrument was acknowledged be of e me on( c t g ���i�� �I[ ;r�i ':- PUBLI• •R�GON , , 200q , by BETTY J. S ITTEL. �` 't` U ' • - MY COMMISSION EXPIRES MAY 14,2011 By . �©MM;cS/OiAV. 'fi7567 Notary Publi. for STATE OF OREGON, County of W14 5 14/677. ./ ) ss . This instrume • ' was acknowledged before me on bg-L ,(4/54, 3 , 200 7 , by M. LOUISE BURNETT AND CHARLES BURNETT. By ,11 N. Publi for Ore.on OFFICIAL SEAL 4 = SHIRLEY L TREAT . 7;): NOTARY PUBLIC-O1 i COMMISSION NO.416777 MY OMISSION EXPIRES APRIL 25,2011 ***************************************************************************** EXHIBIT "A" TRANSFER TRACT A Tract of land in lot 5 , block 46 of "Metzger Acre Tracts" , a duly recorded Subdivision in the Northeast 1/4 of Section 36 , Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Commencing at a 3/4 inch iron pipe at the southwest corner of lot 4 , block 46, "Metzger Acre Tracts" , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89°58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 .50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" ; thence N00°05 ' 54 "W a distance of 88 . 00 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" being the true POINT OF BEGINNING; thence, continuing N00°05 ' 54 "W a distance of 88 . 07 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" on the north line of said lot 5 ; thence S89°58 ' 00"E, along the north line of said lot 5 ; a distance of 29 .43 feet to the northwest corner of deed document number 2005-75555; thence S00°04 ' 00"E a distance of 88 . 07 feet to the southwest corner of last said deed; thence N89°58 ' 00"W a distance of 29 . 38 feet to the POINT OF BEGINNING, containing 2 , 589. square feet, more or less . • Grantor acknowledges that she is adjusting her east property line with two adjacent land owners resulting in the following legal description. ****************************************************.********************* EXHIBIT "B" GRANTOR'S NEW DESCRIPTION A Tract of land being all of lot 4 and a portion of lot 5 , block 46 of "Metzger Acre Tracts" , a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Beginning at a 3/4 inch iron pipe at the southwest corner of said lot 4 , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89 °58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 . 50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" ; thence N00°05 ' 54"W a distance of 176 . 07 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" on the north line of said lot 5; thence N89 °58 ' 00"W, along the north line of said lots 5 and 4 , a distance of 211 . 35 feet to the northwest corner of said lot 4 , from which a rifle barrel bears N89°58 ' 00"W 0 . 11 feet; thence S00°16 ' 22 "W, along the west line of said lot 4 and the east right- of-way of SW 72nd Avenue, a distance of 176 . 07 feet to the POINT OF BEGINNING, containing 37, 313 square feet, more or less . • • ************************************************************************* EXHIBIT "C" GRANTEE ' S NEW DESCRIPTION A Tract of land being a portion of lot 5 , block 46 of "Metzger Acre Tracts" , a duly recorded Subdivision in the Northeast 1/4 of Section 36 , Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : • Commencing at a 3/4 inch iron pipe at the southwest corner of lot 4 , block 46, "Metzger Acre Tracts " , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72"a Avenue; thence S89°58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 .50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" ;thence N00°05 ' 54 "W a distance of 88 . 00 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" being the true POINT OF BEGINNING; thence, continuing N00°05 ' 54 "W a distance of 88 .07 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" on the north line of said lot 5 ; thence S89°58 ' 00"E, along the north line of said lot 5 , a distance of 204 . 43 feet to the centerline of SW 71st Avenue, also being the northeast corner of deed document number 2005-75555 , from which a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" bears N89°58 ' 00"W 30 . 00 feet; thence SO0°04 ' 00"E, along the centerline of SW 71st Avenue, a distance of 88 .07 feet to the southeast corner of last said deed; thence N89°58 ' 00"W a distance of 204 .38 feet to the POINT OF BEGINNING, containing 15 , 359 square feet, more or less, excluding that portion within SW 71st Avenue, with the portion of said tract that lies within SW 71st Avenue being subject to the rights of the public. • • 11 AFFIDAVIT OF MAILING • = 7)lC AIZD I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County,Oregon and that I served the following: {chckApp.priaie Box(s)a bal © NOTICE OF DECISION FOR MIS2007-00019/BESS LOT LINE ADJUSTMENT (File NoJNarne 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 December 13,2007,and deposited in the United States Mail on December 13,2007,postage prepaid. 0 , . _Ai aii . .41. A t(e4 _ (Person that - .-• No• ' STATE OF OREGON County of Washington ss. City of Tigard d Subscribed and sworn/affirmed before me on the /i" day of J 17QLL ,2097 D .-2..7,,, OFCICIAL SEAL �71... SHIRLEY L TREAT D� NOTARY PUBUC-OREGON COMMISSION NO.418777 1) N TARY P C OF OREGON COMMISSION EXPIRES APRIL 28,2011 0 My Commission Expires: 444-Vii • • EXHIBIT A NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2007-00019 BESS LOT LINE ADJUSTMENT fingARD 120 DAYS = 4/8/2008 SECTION I. APPLICATION SUMMARY FILE NAME: BESS LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2007-00019 PROPOSAL: The applicant proposes to adjust three (3) lot lines which will reconfigure three (3) separate lots to correct an error in the onginal survey for the three properties. Lot 1 is 12,760 square feet and will become 15,343 square feet; Lot 2 is 12,770 square feet will become 15,359 square feet; Lot 3 is 42,486 square feet and will become 37,313 square feet. APPLICANT: Bob Bess 10595 SW 71st Avenue Tigard,OR 97223 OWNERS: LOT 1: Bob G.Bess and Eva Jo Bess LOT 2: M. Louise &Charles Burnett 10595 SW 71st Avenue 10565 SW 71S`Avenue Tigard, OR 97223 Tigard, OR 97223 LOT 3: Betty J. Sittel 10560 SW 72nd Avenue Tigard, OR 97223 LOCATIONS: LOT 1: WCTM 1S136AC,Tax Lot 400, 10595 SW 71S`Avenue (12,760 square feet) LOT 2: WCTM 1S136AC,Tax Lot 401, 10565 SW 71'Avenue (12,770 square feet) LOT 3: WCTM 1S136AC,Tax Lot 300, 10560 SW 72nd Avenue (42,486 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 ermitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.520. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION M1S2007-00019-BESS 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) 718-2712. 1. The applicant shall record lot line adjustment survey map with Washington County Surveyor's within 18 months of this decision. The applicant shall submit a copy of the recorded survey map (showing County certification) to the City within 15 days of filing at the County. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information and History: The subject lots are located on the south half of SW Pine Street between SW 71S` and SW 72°d Avenues. The subject properties are flat and a single family home exists on each. The homes on Lots 1, 2 and 3 were built in 1962, 1960 and 1930, respectively. The subject properties are in the R-4.5 zone in an area with similar lots significantly larger than the minimum lot size of 7,500 square feet. There have been no previous land use decisions for the subject properties. The rear property line of Lot 3 abuts against the rear property lines of Lots 1 and 2. The owners are seeking alot line adjustment because of an error in the ongmal survey that shows Lot 3's rear boundary 30 feet further than it should be. On September 7, 2007, a stipulated judgment by the Washington County Circuit Court ordered the subject property owners to apply for a lot line adjustment to correct the error (Case No. C07-1025 CV). Proposal Description: The applicant proposes to adjust three (3) lot lines, which will reconfigure three (3) separate lots to correct an error in the original survey for the three properties. Lot 1 is 12,760 square feet and will become 15,343 square feet; Lot 2 is 12,770 square feet will become 15,359 square feet; Lot 3 is 42,486 square feet and will become 37,313 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. Three lots exist and three lots will remain. Lots 1 and 2 exceed the minimum lot size of 7,500 square feet and will increase in size. Lot 3 exceeds the minimum lot size and will be reduced to 37,313,well above the minimum lot size. By reducing the lot size the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; NOTICE OF TYPE I DECISION MIS2007-00019-BESS LOT LINE ADJUSTMENT PAGE 2 OF 4 Lot 3 will be reduced. Nonif the homes will be in violation of si kevelo ment or R-4.5 zonin district regulations. There is an existing garage on Lot 3 that will be brought into Lot 2 after the lot line adjustment. This garage will have a setback of 2 feet 6 inches from the rear property line. While accessory structures are required to be 5 feet from rear and side property lines, the subject structure would be considered a legal non-conforming structure. The owner indicates that a Washington County building permit from 1960 allowed the garage to be 2 feet 6 inches from what was thought to be the rear property line. In addition, the garage has always functioned as though it were on Lot 2. After correcting the error through this lot line adjustment, the garage will be on its intended lot. Therefore, no structures will be in violation of site development or zoning district 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 • Setbacks shall be as required by the applicable zoning district. The proposed lot line adjustment meets these criteria as shown below: • The widths of the building envelope area for Lots 1,. 2 and 3 will continue to exceed the required minimum of 50 feet. The average widths of the building envelope area for the subject lots will be as follows: Lot 1- 88.00 feet;Lot 2- 88.07 feet;and Lot 3- 176.07 feet; • Lots 1, 2 and 3 will continue to exceed the minimum lot size of 7,500 square feet. Lot 1 will be 15,343 square feet, Lot 2 will be 15,359 square feet and Lot 3 will be 37,313 square feet. None of the lots are flag lots,therefore the flag lot provision does not apply. • Each lot fronts a public right-of-way by at least 15 feet. Lot 1 has 88 feet of frontage, Lot 2 has 88.07 feet and Lot 3 has 176.07 feet; and • The R-4.5 zoning district requires the following setbacks: 20 feet front, 5 feet side, 15 feet street side, 15 feet rear and 20 foot garage. Setbacks for Lot 1 are as follows: 40 feet front 8 ft 9 in side, 16 ft 4 in street side, 90 feet rear and 32 feet garage. Setbacks for Lot 2 are as follows: 36 feet front, 5 ft 3 in and 10 ft side, 95 feet rear and 30 feet garage. Therefore, setbacks will be as required by the zone. Lot 3 will continue to have front and side setbacks exceeding 50 feet and a rear setback exceeding 100 feet. 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. None of the lots are flag lots. Therefore,these criteria do 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 direct access to the street. The lengths of the existing driveways are not being changed and should not be of concern. 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. There are no common drives. Therefore,this criterion does not apply. NOTICE OF TYPE I DECISION MIS2007-00019-BESS LOT LINE ADJUSTMENT PAGE 3 OF 4 • An access way shall com with the standards set forth in Ch!ter 18.705: Access, Egress, Any Y � P � and Circulation. Each lot has direct access to the street. Existing accesses comply with Chapter 18.705 and will not change as a result of the lot line adjustment. Therefore,this critenon is met. 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 dedication is 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 has not requested a variance or adjustment. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met for Lots 1,2 and 3. 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 DECEMBER 13, 2007 AND BECOMES EFFECTIVE ON DECEMBER 14, 2007. estions: Ie 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. December 13 ,2007 PRE D B 41111111 c+7x► DATE Assistant Planner NOTICE OF TYPE I DECISION - MIS2007-00019-BESS LOT LINE ADJUSTMENT PAGE 4 OF 4 I i I 1 _ ]1 vv CITY of TIGARD W alf— GEOGRAPHIC INFORMATION SYSTEM w VICINITY MAP Q Q— it a i it i 6, u) o LOCUS W LOCUST ST S Q --( MIS2007-00019 JW\S- r BESS LOT LINE > Q ADJUSTMENT MAPLE LEAF _ ST ( ¢I a) l‘cosAl 1— co coirlk, • W Q — z 1PLLEA1cr— OAK ST w - oAK - - ST = 1---4= LEGEND: - - SUBJECT w (� SITE _ r Q� s� , 1 L.,_ry . - .__ r _ 4 Zj A> z .1 sAti01011 Q > 001:, .. I .:,.. RS FE!)ST ST aD r• 11111 ■ °,4.‘ . .. ," g 400 .: mt. ": , _ i_�_ ' i1.1T Ro'c• Q t RONlT, D,_ .. • . .•__ . SPR. C ST 6EEF BEND OURH„ ,�• - Tigard Area Map 1 o p a O i p p O • O ; Q °o Ilik .. N ° o 0 80 160 240 320 400 Feet 1 , A tAll . .. 0 0 0 0 0 o 1"=308 feet 7 1 if u..4 io Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd m Tigard,OR 97223 (503)639-4171 http://www.ci.tigard.or.us Plot date:Dec 12,2007;C:\magic\MAGIC03.APR Community Development LEGEND NOTES NARRATIVE PROPOSED PROPERTY LINE O—MONUMENT FOUND AS NOTED-IRONS FOUND I.REFERENCE MATERIAL: THE PURPOSE OF THIS SURVEY IS TO MONUMENT•PROPOSED PROPERTY LINE ADJUSTMENT SURVEY BENT WERE STRAIGHTENED. PLATS: 6IETZGER ACRE TRACTS',"PARTITION AWUSTMENT BETWEEN THE LAM)AS DESCRIBED N WASHINGTON COUNTY DEED BOOK 783 •—5/8 X 30 RICH IRON ROAR SET WITH YELLOW PAGE 502 AND DUD DOCUMENTS 86-040666 END 2005-075555.THE FIELD CREW FOR BOB BESS PLASTC CAP INSCRIBED-KRIEL PS 1896' PAT ,99,-OOZ' CONSISTED OF BENJAMIN STACY PLS 57191 ANO TONY HERTEL.A NKD 1-1000 THEODOLITE IN LOTS 4 AND 5,BLOCK 46"METZGE0.ACRE TRACTS" 1 I--RECORD BEARING AND/OR DISTANCE BY SURVEY NUMBERS:6906.2281 AND A 0-1000 DISTANCE METER WAS USED FOR PRIMAR't MEASUREMENTS, IN THE NE 1/4 OF SEC.36,T.IS.R.1W.W.M, SURVCr NUMBER. DEEDS:(BDOKJPAGE)763/502 TO ESTABLISH THE SOUTH LIVE OF BLOCK 46 11Ef1G[R ACRE TRACTS'.I HELD WASHINGTON COUNTY,OREGON —PROBABLE ORIGIN OR FIRST RECORD OF MONWENT (DOCUMENT)7 /5 20666.1005-75533 MONUMENTS IO AND Q, SCALE:1"=30' DECEMBER XX,2006 BY SURVEY NUMBER, TO ESTABLISH THE RIGHT-OF-WAY OP S.W. 71ST AVENUE,I HELD RECORD ANGLE(PER SN Q—COMPUTER POINT NUMBER. 6906)AT MONUMENT(Dana)B FROM THE ABOVE ESTABLISHED SOUTH LINE OF BLOCK 46. 0 15 30 45 60 F—CENTERLINE 2.BASIS OF BEANNGI BETWEEN MONUMENTS AQAND TO ESTABLISH THE WEST LINE OF BLOCK 46,I HELD LKINUMER% AS BENG 0.11 P--IRON PIPE CID.PER SN 6906. FEET WEST(PER SN 20481)ALOND WITH MONUMENT - m—IRON BOO TO ESTABLISH TILE NORTH LINE OF LOTS 4 AND 5,I HELD A PARALLEL BEARING TO THE SN--SURVEY NUMBER.COUNTY SURVEY RECORDS. ABOVE OSTABD$MED sown BLOCK LINE.BASED FROM yOAIYENT I� w/YPC—KITH YELLOW PLASTIC W TO ESTABLISH PORTS 19 , ®.©.I INTERSECTED THE ABOVE ESTABLISHED - PLAT —PLAIT OF'LETZGER ACRE TRACTS- LINES. —1-1—FENCE TO ESTABLISH THE NORTH LINE OF DOCUMENT 86-20666.I HELD DEED DISTANCE FROM POINT®AL0N0 THE CENTERLINE OF SW 71ST AVENUE ALONG WITH A PARALLEL BEARING TO THE ABOVE ESTABLISHED SOUTH BLOCK LINE. THE PROPOSED ADJUSTED LINE WAS ESTABLISHED PER CLIENT'S SPECIFICATI IISTWI(1y OF TO An�AL NEW MONUMENTS WERE SET ON DECEMBER RE.2006 uu Approved , [ I Conditionally Approved [)/.i For only the work as described in: PERMIT NO. See Letter to: Follow _�._-..._. i .l Attach I j I'I)`�Add_ress:. _ caswELL/ / / HERTEL QB H.._ - -� _D :� /.l T-U7,,,,SURVEYORS INC. • n w ED 5/6180/4 ROp �, �, 6150 S.W. 1241Y. AVE. 6 N7524'SS'M 0.51' BEAVERTON, OREGON 97008 ED RIFLE BARREL 6906) (503) 641-}179 HELD PER SN 2281 a ESN 4473j O -. SBrsEro E 415.78• 12..3' --- N89'58'00 0.11' a•'• ., .• N89'30'OOIY 211.35' 29.43' , - 240.78' Q •-✓'i:;; . 145.00• - �' 175.00 �'• { RECORDED ON OCE 1666342 POLYESTER FILM USING I 2.6' -- I^ EXISTING HENLCTI-PACKARD PRODUCT SO I 50' 0 V - y I S P•RIOPERTY I No.51645, V N I c CHARLES BURNETT _ 0 $ : I/r DOC.2005-75555 yP� o REGISTERED l W I EXISTING AREA Aria 2 g . PROFESSIONAL S W LAND SURVEYOR PROPOSED a 12,770 SQ.FT.(NET) BETTY SUTTEE PROPERTY LAME • st AID OCCUPET TRANSFER I PROPOSED AREA ¢ E BOOK 783 PAGE 502 1� PARCEL N - ED 1/I1RON RPE �,� �� '� j C LINE 7.589 50.ELI 15,359 SQ.FT.(NET) N24'SB'45-E 0.13' EXISTING AREA w o W I (yD RECORD) n OREGON a d 42,486 SQ.FT, n 'al u'P 3, *Levu 1896 KU n 0 PROPOSED AREA - 589.56'ODt II n P I 37,313 SQ.FT. I f �•�• 143.00' n 30.00' I EXPIRES 6/30/2007 a f f N89'5100'8 204.SW •• g< ®I 1 . s a_ ui I 4 a I BOB BESS ,p • �1 g I DOC.B6-040686 X` I I EXISTING AREA L� 8 t 12,760 SQ.FT.(NET) ,:F $ A gdg i 8 PROPOSED AREA �¢°' g I c W I B 15,343 SQ.FT.(NET) �' g 13 EXISTING LNE { FD 3/.IRON PPE ' 0 I I/ N89•58001Y 0.14' ED 5/61RON ROD f ESN 6906) NTS29'08'6 0.51• Sy.7v �. 569'S6'DO'E 241.87• ESN 6906)I ®29.3!`--'.ice ,43.00• (W.�' 3o.0, _ 2985 • • _/ 212.50' SBY58'O01 204.33' ry 1 1 /_ Q N(446. .58 446.66•Q ® FO 33/41RON PIPE St BA%a NG . I St HELD ESN 4473) • _ - — _ - p I R S.W.PINE STREET 'a' I • $I R JOB NUMBER 7358 l WASHINGTON COUNTY SO• 30' 9J4IRON PvE SURVEYOR'S OFFICE HELD(PLAT) ACCEPTED FOR FILING • • EXHIBITC/ Bob G. Bess and Eva Jo Bess MIS2007-00019 10595 SW 71st Avenue Tigard, OR 97223 BESS LOT LINE ADJUSTMENT M. Louise &Charles Burnett 10565 SW 71ST Avenue Tigard, OR 97223 Betty J. Sittel 10560 SW 72nd Avenue Tigard, OR 97223 S M _ LOT LINE ADJUSTMENT TYPE I APPLICATION City of Tiga-rd Permit Center 13125 SW Hall Blzzl, Tigard, OR 97223 Phone 503.639.4171 Fax:503.598.1960 �O�j 4' X00, GENERAL INFORMATION PARCEL 1 Property Address/Location(s): 10595 SW 71st Ave Tigard, OR 97223 Tax Map&Tax Lot#(s): 1S1W36AC 00400 FOR STAFF USE ONLY Case s (7A1701-0070 Site Size:; 12, 760 square feet /u/ Property Owner/Deed Holder(s)"': (Attach list if more than one) Other Case No.(s): Address: 10595 SW 71st Ave Receipt No.: A(..TV1.57 7v City/State: Tigard , OR Zip: 97223 Application Accepted By 5--7724'T PrimaryContact: Bob G. Bess and Eva Jo Bess Date: II (a-(6)(01 Phone: 503-246-0742 Fax: PARCEL Date Determined Complete: I-2--P c7/2"°�7 J 10560 SW 72nd Ave • Rev.7/5/06 Property Address/Location(s): c\cvrpin\masters\land use applications\lot line adjustment app.doc Tigard, OR 97223 Tax Map&Tax Lot#(s): 1S1W36AC 00300 • SiteSize: , 42 ,486 square, feet Property Owner/Deed Holder(s)*: (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS Address: 10560 SW 72nd Ave (Note: applications will not be accepted City/State: Tigard , OR Zip: 9 7 2 2 3 without the required submittal elements) Primary Contact Betty J. S i t t e l Phone: Fax Application Form S Owner's Signature/Written Authorization Applicant's/Agent: ® Title Transfer Instrument or Deed Address: 1059 5 SW 71st Ave ® Preliminary Map(2 copies) City/State: Tigard, OR Zip: 97223 PrimaryContact: Bob G. Bess and Eva Jo Bess Site/Plot Plan(2 copies) Phone: 503-246-0742 Fax: ® Site/Plot Plan(reduced 81/2"x 11") Applicant's Statement(2 copies) *When the owner and the applicant are different people,the applicant must be (Address Criteria in TDC 18.410.040) the purchaser of record or a lessee in possession with written authorization Filing Fee $468.00 from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: 2 parcels of 12 , 760 and 42 ,486 (number) (acreage or square footage) into 2 parcels of 15 , 343 and 37 , 313 (number) (acreage or square footage) ■ 41116 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. (Derailed 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 maybe 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 anypermit 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 day of ,20 Applicant/Authorized Agent's Signature •• e • Owner's Signature Owner' rgnature . ,.---, ,;,,,....----,--,-, IS IIII 71_ LOT LINE ADJUSTMENT S - TYPE I PLIC TI®hT Ciiy gr Tigud Perris t Center 13125 S WHall Blul, Tigard OR 97223 Phone. 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION PARCEL/ d , Property Address/Location(s): 10565 SW 71st Ave Tigard, OR 97223 Tax Map&Tax Lot#(s): 1. 1 S1W36AC 0040 FOR STAFF USE ONLY Site Size: 12 ,770 square feet Case No.(s): evt C--PZc)t- ( — O 1c (CleaQ.k Property Owner/Deed Holder(s)*: (Attach list if more than one) Other Case No.(s): inA-a) Address: 10565 SW 71st Ave ReceiptNo.: 2,00- 51 7 tD City/State: Tigard, OR Zip: 97223 Application Accepted By: EAE PrimaryContact M. Louise and Charles Burnett Date: Ulf 311...vo . Phone: 503-246-0514 Fax: Date Determined Complete: PARCELX S i Property Address/Locations : 10560 SW 72nd 'Ave • �pis/oa p ny ( ) i:tevrpin\roasters land use applicatians\lot line adjustment app.doc Tigard , OR 97223 TaxMap&TazLot#(s): 1S1W36AC 00300 SiteSize: , 42 ,486 square feet Property Owner/Deed Holders)°': (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS Address: 10560 SW 72nd Ave (Note: applications will not be accepted City/State: Tigard, OR Zip: 97223 Without the required submittal elements) Primary Contact Betty J. Sittel Ki Application Form Phone: Fax: ® Owner's Signature/Written Authorization Applicant^-/Agent: • ® Title Transfer Instrument or Deed Address: 10565 SW 71st . Ave City/State: Tigard, OR Zip: 97223 Preliminary Map(2 copies) Primary Contact: M. Louise and Charles Burnett El Site/Plot Plan (2 copies) Phone: 503-246-0514 Fa El Site/PlotPlan(reduced 8'1/2z"x 11") ❑ Applicant's Statement(2 copies) ;When the owner and the applicant are different people,the applicant must be (Address Criteria in TDC 18.410.040) the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners) must sign this from Fee $468.00 application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY - The owners of record of the subject property request Lot Line Adjustment • permission to adjust: 2 parcels of 12 , 770 and 42 ,486 (number) (acreage or square footage) into 2 parcels of 15, 359 and 37 , 313 (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 tents and subject to all the conditions and liumitations of the approval + All of the above statements and the statements in the plot plan,attar limFnts,and exhibits transmitted herewith,are true;and the applicants sd acknowledge that a.nypemsit issued,based on this application,may be revoked if it is found that anysuch statements are false. + The applicant has read the entire contents of the application, inclurring the policies and criteria, and understands the requirements for approving or denying the application. • SIGNATURES of each owner of the subject property. DATED this - day of Pt'b E& ,200 Applicant/AuthdrizedAgent's Signature O ierz :'.lure Owner's Signature Owne s Sign:. - '°:r`5':7103 CITY OF TIGARD 11/26/2007'',.:is.i. 13125 sw Hail 131�d. 9:49:56AM Tigard,OR 97223 503.639.4171 .TIGARD, Receipt #: 27200700000000005170 Date: 11/26/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2007-00019 [LANDUS] Lot Line Adjustment 100-0000-438000 416.00 MIS2007-00019 [LRPF] LR Planning Surcharge 100-0000-438050 62.00 Line Item Total: $478.00 Payments: Or Method Payer User ID Acct./Check No. Approval No. Flow Received Amount Paid Check • BOB G BESS ST 1429 In Person 478.00 Payment Total: $478.00 • • • • • cReceip i'p1 Page I of I TiCOR TITLE INS URANCE J1*ORTITLEINSURIS10E 6 6 0 068 6 INS STATUTORY WARRANTY DEED ARTHUR J . POULIN Grantor, \ , conveys and warrants to BOB G . BESS and EVA JO BESS , husband and wife Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in Washington County, Oregon, to wit: i,- The South 88 feet of the East 175 feet of Lot 5, Block 46 , METZGER ACRE TRACTS THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLI- CABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIR- ING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. The said property is free from encumbrances except Statutory powers of Unified Sewerage Agency of Washington County, Oregon . Rights of the public in streets , roads and highways . Conditions , restrictions and reservations of record. Easement for permanent roadway of record . The true consideration for this conveyance is $ 85 , 000 . 00 (Here comply with the requirements of ORS 93.030) Dated this day of August 19 86 ru , :Q WASHINGTON COUNTY cti_ L �s REAL PROPERTY TRANSFER TAX Ar h u r J . ' o u l i n .,. 96.0�a 9 -/C) - iN. dl tom► <� • FEE PAID DATE State of Oregon, County of Washington State of Oregon, County of . foregoing instrument was acknowledged before me this The foregoing instrument was acknowledged before me this ti day of August , 193_6— by day of , 19 by Arthur J_ Poulin President and • Secretary of a corporation, (C- . /) -1 ors-b on behalf of the corporation. Notary Pub tc for Oregon My,commission expires: 6/29/89 Notary Public for Oregon My commission expires: WARRANTY DEED Thy`' STATE OF OREGON l Arthur J . Poulin GRANTOR County of Washington ) SS Bob G. Bess and Eva Jo Bess GRANTEE I,Donald W. Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- Until a change is requested, all tax statements shall be veyances for said county, do hereby certify that sent to the following address: the within instrument of writing was received Mr. and Mrs . Bob Bess and recorded in book of records of said county. 10595 S .W. 71st Donald W. Mason, Director of Portland, Oregon 97223 Assessment and Taxation, Ex- Escrow No. 314-131994 Title No3 4—1319 9 4 Officio County Clerk • • After recording return to: Mr. and Mrs Bob Bess 10595 S .W. 71st Portland, Oregon 97223 1466 Si.P i 0 riti 9: 34 Ticor Form No. 137 Statutory Warranty Deed 8/85 . . rota N. 673—WAIRANTY REID. • CCCCC IIS•NEW LAW P.M.CO..POPTL•HO.UPS . ' ...=:.7:7---= 3 8 8 3 ..••• . .. ,. . .•. .. .. ...• .... . . . ,. KNOW.-ALL-MEN BY E PRESENTS That Elzie Y Campbell a 1e..man,,... .........•-,-,,,;,. .. .,;17.--r.",..,,.!:::71;;.7.,,...;—..... k,.:,:i..:, :.........:.,.:....:::,.:,,.......„:.,...,.....-..:..„.,..,:„......„._.........:.:.................., hereinafter called the grantor,for the consideration hereinafter stated,: 49-,grantor:oaier by•.1140,1-pb:4,::Sittel.anci..Betty...1....Sittel,..husbanti:nnd.:wife,. • ..--..•-::1.-:fis-•:‘,;_•- - - " : .: ,:':1'4'• •. .. , hereinafter called the.grantee; ..---...- • :- does'hereby,.grant,rfurgaiii,:eall,and convey unto the said grantee and grantees heirs, successors and assiens that , :-.•1.::-2,■'':::''"' '-- cerfemrear proPartY, With.:thetensments,hereditaments and appurtenances thereunto belonging or appertaining,sit ': '::.!...::":...:61'•:,:. ' , uated itilhe'Coantr of'.:'-Wil. 011 and State of Oregon,described as follows,to-Wit: . • ." r--- ''-''-',"1.77.--'''--- • - " . '. --• : . -..: ... . . _ :-.----. -, '••--': ':--•-,-..----•';''. 7" : ., . • Lat:5,. except the East 175 feet thereof and • - •-...:t. r.:::,......,.....,,,.... • .- - all•of Lat.4, Block 46, METZGER ACRE TRACTS, • - ' :-•-f:-!..!,:,-...,•-..-• -. . - :• .•' :1:•-:::.'..:.•--,,,:.•--:,•:.- - - • • :•- -. . --.• Washington County, Oregon. - -: 1:: ,.•':•';•.-:'::-: 747:- - -• :.:.--: •,..'"':-:;:-.,?,•_P„:•.~-:.- . . . . ..,..,..,_ . . . .• ••,- ,:„.,.:-:-.:::,:i..,••-,.4.,',.,•:.- . . i • I ! . . . ......... . _ i ' ! .:.,:•.,-,•.....-•-L. : .. - .. l'.••:.1.:T.:T.,:•,-• - • .. :. '. ...::.: :;:t.'1. . . ' - .", ;-'.".'-i, ,:1;-2,:,--.••'•::' • • ' ''. ,.;.::.::••. To Have and to Hold the same unto the said grantee and grantee's heirs,successors and assigns forever. : • .. ..' ',::-...,-.`,.,.'...." II And said grantor hereby covenants to and with said grantee and grantee's heirs,successors and assigns, that II grantor is lawfully seised in lee simple of the above granted premises,free from all encumbrances except such' • - • --...';••:.-Y-.-1:.:'2.'1•2' .' as may have been incurred by grantee since July 15, 1958, the date of the contract of • ,. . •••i•,;19,-,,,,;,: .• 1j sale# in pursuance of which this conveyance is executed. . • ..:. . '•!,--;.;;:-21:v.;:-!!•-.-.: • • 11 ' '• ' '-.:'•. ::': -..;`,:..;:•_•1 .,•:.,:;,.:-..cm;-••:•.••-.' , : -. — :'', -•;'.t:-,','''.',..,::''.r - . - -'•-•• '1,;:7,7.,..t'; '.. i . . ' .• : • ••i 1 .,::':•":"74.1. 11.,, . , . .. . .. ._ .. ... . . . - ...— . • , rind.that.-:.: ,'•-r:::.'•....-:;::,.;41---";."--': • i 11 grantor will warrant and forever defend the above granted premises and every part and parcel thereof against the lam ': • :::-:',77,7.-.1-77t77, II. ful claims and demands of all persons whomsoever,except those claiming under the above described encumbrances.. - .,.,..i,:.4„,,L.„,.„ II The true and actual consideration paid for this transfer, stated in terms of dollars, is$..17,500.00 : - :.... -:'• '-,--• - II aligeweereer-ehst-esetwa4-aeeseiderealiew-esereasie-ee-ep•ineterder•onter-property--or-rafere-greerr-rm-prarrrised.which's-ii• I pereereestur consideration(i - . ,..-:-•:.! 1--::,:„:,;::-,, y,''.,,.:-'' ,•' - seeffessee eJsie-sls-)J, • ' 1 In construing this deed and where the context so requires, the singular includes the plural. WITNESS grantor's hand this 6th day of Jume 1970 . .•,.. .,. . , . . . . .. . ... .... . . . . . . 4 '71 :- •-'',.. '1'. ..!..•::.:,. -• sr Are..0,- 'OR AGON, County oi.Multnomah ) ss. June 6, -, i9....• •* :--.--•;•-• i.:1.:7-,.-.--.--,: •--, ......., . :•''...,Strtoiiill1ippeared the above named Elzi.e..Y...Campbell,...3...ailig1e.man, '`. . : :•• "••••'.'lt::=7''.. ' . . . .. .. n.srinoycngreleaged the foregoing instrument to be his . . vol ntary act and deed. : • . : -. ;: --:*;:;L::::'!-: .- • . :, ;.•:.:::;;:,T.::.E.7,--.;:i;, ., r • - - • -.:,.1::-.k..r. .' ..' Before me:.. ... .. . .. . - 1- t,t ' :..... : . totriisciat,SEAL) /C:':' Notary Public f,r regon .. - . ' • ,. ' :-'..:r•t:.;.:-'i..:i4:::...:-!,1: . 1 -,.....ise................. .. My commission' pires „Warch..22,...1973 • . ::'•;;;FF-.;':,-.,:.:.,..: ''•,: 11.1:7TirrNR 11•Iiiniwti*Nram Ms symbols 0.If not applItobls,should b.deNesel.Se.Chapter 462,Orogen Laws 1067,ers es6.6d.d'Irt Ow 1967 Special kuloa. •• -,...'INE05r:/......•I':,` , - - :,: •• .,,q,"ei,, ...`;',: ,.:.-.:'''; . •• •Irt-'4,•?'.'I'''•';.'2.• 0 • l'..1.:34',:'. ..g ' • . • o WARRANTY DEED .. , : . . . .. :Ii.A.-',.:,--i.:4-..:, t:';• Elzia Y. Campbell STATE OF OREGON ' / .. County of Washington i s'I. staa,„-.-:: "::if.],"•`'''..i.;;'&71;:i'?,;--. ... IN,-,,,, _. . -.. •.,..:..-::;,:V.15,,:7•A''; ■..,--f-i't.:?::::'''',.-. : TO I, Roger Thornsiea, Direetor'-of-12eCaids•-•• • (DON USE and Elections and Ex-Officio Recorder'S.F.:Cc:1.; . • ,. THIS P • • Ralph A. Sittel II/PAM RESERVED . veyances for said county;-do hereby taftlf.Y. ,...•4z.,!•.4,,,-:::::r.:....:;, Betty J. Sittel FOR RECORDINII • L•SEL IIP COUN. that the within instrument of writing-was . , ::'..,',7,..--.._-__"":-...: received and recorded In book of records,— . . --,..:,'“.• in.t....,--- , !I • I.! es 3 1; AFTER RECORDING RETURN TO . . COMTE Er KOBIMAN COMPANY 11908 S.E. DIVISION ST. PORTLAND, OREGON 97266 _r1,71.•::: - ' - . :* -::. • - . • .. ir ROC:K 7 3 FAGE50 •T,IES WHERE USCO 2., No. of sold.Coursty _ - • ., ,. ,...., .,_.,..., Witness my hand and seal affixed. 744'3': . .. :-.:41•.:•Ii'718:47.-4.,:::: •P '-"--‘,-.' ROGER THOMSSEN, Director of . Records &Electin 1.4gMiiAi .. ja. 15 9 04/.6:1:r.puty . im..:.%.1140.,3i • • - . . ' • , ,.....,,agat • ,--152,-,sotot.N • ,,,-,.„...,4_,.1.4.-...,,,, •i ABfg.:4‘ • JAY.-7&.--.7-*..:i „— :s.,....,',1--,P4 '',•. •• • • •.: , ,:,H,.,,r,07-7,iip',!:,1.7.4C:‘,-01;;±.:, . .:• • -:.••,.':'•::".''Zi.,ff". 1.?E'.7..t r4.-1,.F4:,,,'0•,1:1 . - . ••:':...:,:;:.i.'i',::.:•.7:,-..hT.I.:TiE.,. ..i.,::C.:',4.',1: 0 Wastn County,Oregon 2005.075555 0613 510:46:03 AM BARGAIN AND SALE DEED - STATUTORY FORM D-DBS Cnt=1 Stn=7 K GRUNEWALO ( $5.00$8.00$11.00•Total=$22.00 • a THIS SF Grantor: M.Louise Burnett I 1 Grantee: M.Louise Burnett and Charles Burnett as tenants by the 11111111 II IIIII 1111 11111111 1111 entirety 00794065200500755550010018 I,Jerry Hanson,Director of Assessment and Taxation Until a change is requested,all tax statements shall be sent to the and Ex-Officio County Clerk for Washington County, r Oregon,do hereby certify that the within Instrument of ;° , ..`' _ following address: writing was received and recorded in the book of ; , , � M. Louise Burnett records of said county. ssees lJP„,q p Charles Burnett • Jerry R.Hanson,Director ment and Taxation, r 2 10565 SW 71st Avenue Exdfncio County Clerk Tigard OR 97223 After Recording return to: /3 M. Louise Burnett 9 Charles Burnett 10565 SW 71st Avenue 7° Tigard OR 97223 3 Escrow No. 846848 DIA Title No. 846848 9° Ili M. LOUISE BURNETT, Grantor, conveys to M. LOUISE BURNETT AND CHARLES BURNETT, AS TENANTS CCBY THE ENTIRETY, Grantee, the following described real property situated in Washington County, Oregon, to wit: The East 175 feet of Lot 5, Block 46, METZGER ACRE TRACTS, County of Washington, State of Oregon. EXCEPTING THEREFROM the South 88 feet. Kla THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR r4 FOREST PRACTICES AS DEFINED IN ORS 30.930. 0 • The true consideration for this conveyance is$0.00. (Here comply with the requirements of ORS 93.030). Dated this 45 day of , 2005. • ,de. M. Lo ' urnett State: OR County: Clackamas The foregoing instrument was acknowledged before me this day of di,oe_e_ , 20 < by: M. Louise Burnett i/a/z/_,&— Notary Public My Commission Expires: d OFFICIAL SEAL ° CATE BARRETT' �cas"-• NOTARY PUBLIC-OREGON , 9 COMMISSION NO.A363854 • MY COMMISSION EXPIRES JANUARY 23,2007 TICOR TITLE INSURANCE COMPANY • BARGAIN AND SALE DEED-STATUTORY FORM(CL06) PAGE 1 • BARGAIN/SALE DEED-STATUT FORM FOR PROPERTY LINE ADJUSTIT BETTY J. SITTEL --GRANTOR • BOB G . BESS & EVA JO BESS --GRANTEES • 10595 SW 71ST AVENUE TIGARD, OR 97223 • After recording return to: BOB G. BESS EVA JO BESS • 10595 SW 71ST AVENUE TIGARD, OR 97223 Until a change is requested, all tax statements. shall be sent to the following address : BOB G. BESS EVA JO BESS 10595 ' SW 71ST AVENUE TIGARD, OR 97223 INDIVIDUAL GRANTOR BETTY J. SITTEL, Grantor, conveys to BOB G. BESS and EVA JO BESS , husband and wife, Grantees, the following real property situated in Washington County, Oregon, to-wit: SEE EXHIBIT "A" GRANTOR'S RECENT DEED- RECORDED IN DEED BOOK 783, PAGE 502 • GRANTEE 'S RECENT DEED- RECORDED AS DOCUMENT NUMBER 86-040686 The intent of this deed is to adjust the property line between Grantor ' s and Grantee ' s property, creating two new property descriptions which are described on Exhibit "B" - Grantor ' s new description, and Exhibit "C " - Grantee ' s new description. The true consideration for this conveyance is i, i3OL2CL. Dated this /041 day of cYr'-.1P0," , 2007 . • • ,i BEFORE SIGNING OR ACCEPTING THIS INS ENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIR OUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT /) j �` MEASURE 37 (2004)). THIS INSTRUMENT DOES NOT ALLOW USE OF 9 ./7 - 1� _ , ' THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF �fr� APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR B E TT P/J. rtT E L 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 t/lfre. ..-.e.pe--91"---- DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST OB G. BESS PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). ` j r '- �_ _. EVA JO A SS STATE OF OREGON, County of W61.6\AV ) ss , This instrument was acknowledged bere re me on Qc:-p\ppe - 114 , 2001 , by BETTY J. S I TTEL. ��.��������-.� OFFICIAL SEAL (() By _I. A. �j� ( TRUDY FLORES �'i r� NOTARY PUBLIC-OREGON ] Notary Publi l or ATE OF OREGON, County of ' _ ;(y.;% i!`:,;,�'DO;� .MMISSION NO, �' � O This instrum:n . was acknowledged before me on °V.�!F 'v ! :,ISSIONEX AY 14,2.....01 by ::B G. BE ,aND EVA • BESS. it- 13 , '/i/Ad∎AM �j� � . o . a y Pub is for Oregon 0 OFFICIAL SEAL ERIN L BOEHME NOTARY PUBUC-OREGON COMMISSION NO 405792 MY COMMISSION EXPIRES MAY 8, 2010 ***************************************************************************** EXHIBIT "A" TRANSFER TRACT A Tract of land in lot 5, block 46 of "Metzger Acre Tracts" , a duly recorded Subdivision in the Northeast 1/4 of Section 36 , Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Commencing at a 3/4 inch iron pipe at the southwest corner of lot 4 , block 46, "Metzger Acre Tracts" , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89°58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 . 50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" being the true POINT OF BEGINNING; thence, continuing along the north right-of-way of SW Pine Street, a distance of 29 . 33 feet; thence N00°04 ' 00"W a distance of 88 . 00 feet to the northwest corner of deed document number 86-040686; thence N89°58 ' 00"W a distance of 29 .38 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" ; thence S00°05 ' 54"E a distance of 88 . 00 feet to the POINT OF BEGINNING, containing 2 , 583 square feet, more or less . Grantor acknowledges that she is adjusting her east property line with two adjacent land owners resulting in the following legal description . ************************************************************************ EXHIBIT "B" GRANTOR'S NEW DESCRIPTION A Tract of land being all of lot 4 and a portion of lot 5 , block 46 of "Metzger Acre Tracts" , a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Beginning at. a 3/4 inch iron pipe at the southwest corner of said lot 4, said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89 °58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 . 50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896 " ; thence N00°05 ' 54 "W a distance of 176 . 07 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" on the north line of said lot 5 ; thence N89°58 ' 00"W, along the north line of said lots 5 and 4, a distance of 211 . 35 feet to the northwest corner of said lot 4, from which a rifle barrel bears N89°58 ' 00"W 0 . 11 feet; thence S00°16 '22 "W, along the west line of said lot 4 and the east right- of-way of SW 72nd Avenue, a distance of 176 . 07 feet to the POINT OF BEGINNING, containing 37, 313 square feet, more or less . ************************************************************************* • • EXHIBIT "C" GRANTEE ' S NEW DESCRIPTION A Tract of land being a portion of lot 5, block 46 of "Metzger Acre Tracts " , a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Commencing at a 3/4 inch iron pipe at the southwest corner of lot 4 , block 46, "Metzger Acre Tracts" , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89°58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 .50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" being the true POINT OF BEGINNING; thence, continuing along the north right-of-way of SW Pine Street, a distance of 204 . 33 feet to the centerline of SW 71St Avenue, said point also being the southeast corner of deed document number ,86-040686, from which a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" bears N89°58 ' 00"W 30 . 00 feet; thence N00°04 ' 00"W, along the centerline of SW 71st Avenue, a distance of 88 . 00 feet to the northeast corner of deed document number 86-040686; thence N89 °58 ' 00"W a distance of 204 . 38 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896 " ; thence S00°05 ' 54"E a distance of 88 . 00 feet to the POINT OF BEGINNING, containing 15, 343 square feet, more or less, excluding that area within S.W. 71st Avenue, with the portion of said tract that lies within SW 71st Avenue being subject to the rights of the public . BARGAIN/SALE DEED-STATUTORY FORM - FOR PROPERTY LINE ADJUSTIaT BETTY J. SITTEL --GRANTO ' - M. LOUISE BURNETT & CHARLES BURNETT --GRANTEES . 10565 SW 71ST AVENUE TIGARD, OR 97223 After recording return to: M. LOUISE BURNETT CHARLES BURNETT 10565 SW 71ST AVENUE TIGARD, OR 97223 Until a change is requested, all tax statements shall be sent to the following address : M. LOUISE BURNETT CHARLES BURNETT 10565 SW 71ST AVENUE TIGARD, OR 97223 INDIVIDUAL GRANTOR BETTY J: SITTEL, Grantor, conveys to M. LOUISE BURNETT AND CHARLES BURNETT , husband and wife, Grantees, the following real property situated in Washington County, Oregon, to-wit: SEE EXHIBIT "A" GRANTOR'S RECENT DEED- RECORDED IN DEED BOOK 783, PAGE 502 GRANTEE'S RECENT DEED- RECORDED AS DOCUMENT NUMBER 2005-75555 The intent of this deed is to adjust the property line between Grantor ' s and Grantee' s property, creating two new property descriptions which are described on Exhibit "B" - Grantor' s new description, and Exhibit "C" - Grantee ' s new description. f_ The true consideration for th ' s conveyance is LQ��€OO. Dated this I �h day of (?red)er , 2007 . • BEFORE SIGNING OR ACCEPTING THIS INSTP NT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE UT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREG AWS 2005 (BALLOT /n - MEASURE 37 (2004)). THIS INSTRUMENT DOES NOT ALLOW USE OF - ,/.r.>1 --re .r THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF - APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR B 41. SITTEL ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO r THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR ' C COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST M. • I S E :7/1.44/ ' PRACTICES AS DEFINED IN ORS 30.930 OWNERS, TO INQUIRE ERECT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER /� 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). �/r CHARLES BURNETT STATE OF OREGON, County of V{4.4, . • i �, ,0iv �_ OFFICIAL SEAL J Y l� (I ,-,.6, ' TRUDY FL• "ES ` This instrument was acknowledged befog e me on()ker ;,t. ':' •PUBLI• •R; ON ? , 200'7 , by BETTY J. SITTEL. ) '4'3W T• " • �/ MY COMMISSION EXPIRES MAY 14,2011 By toziL, � • Notary Publi. bor STATE OF OREGON, County of Wk4 501LJCC rb ) ss . This instrume • ' was acknowledged before me on b6egx.ti ,jr 3 , 200 '7 , by M. LOUISE BURNETT AND CHARLES BURNETT. By Y d AJ . N Publi for Ore.on (' !; �^ OFFICIAL SEAL SHIRLEY L TREAT ) ®` NOTARY PUBLIC-OREGON I COMMISSION NO.41877? MY COMMISSION EXPIRES APRIL 25 2011 /� ***************************************************************************** EXHIBIT "A" TRANSFER TRACT A Tract of land in lot 5 , block 46 of "Metzger Acre Tracts" , a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Commencing at a 3/4 inch iron pipe at the southwest corner of lot 4 , block 46, "Metzger Acre Tracts" , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89°58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 .50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" ; thence N00°05 ' 54 "W a distance of 88 . 00 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896 " being the true POINT OF BEGINNING; thence, continuing N00°05 ' 54 "W a distance of 88 . 07 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" on the north line of said lot 5; thence S89°58 ' 00"E, along the north line of said lot 5, a distance of 29 . 43 feet to the northwest corner of deed document number 2005-75555 ; thence S00°04 ' 00"E a distance of 88 . 07 feet to the southwest corner of last said deed; thence N89°58 ' 00"W a distance of 29 . 38 feet to the POINT OF BEGINNING, containing 2 , 589 square feet, more or less . • Grantor acknowledges that she is adjusting her east property line with two adjacent land owners resulting in the following legal description . ************************************************************************* EXHIBIT "B" - GRANTOR'S NEW DESCRIPTION A Tract of land being all of lot 4 and a portion of lot 5, block 46 of "Metzger Acre Tracts" , a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Beginning at a 3/4 inch iron pipe at the southwest corner of said lot 4 , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89 °58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 . 50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" ; thence N00°05 ' 54 "W a distance of 176 . 07 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" on the north line of said lot 5 ; thence N89°58 ' 00"W, along the north line of said lots 5 and 4 , a distance of 211 . 35 feet to the northwest corner of said lot 4, from which a rifle barrel bears N89°58 ' 00"W 0 . 11 feet; thence S00°16 ' 22 "W, along the west line of said lot 4 and the east right- of-way of SW 72nd Avenue, a distance of 176 . 07 feet to the POINT OF BEGINNING, containing 37, 313 square feet, more or less . ************************************************************************* EXHIBIT "C" GRANTEE ' S NEW DESCRIPTION A Tract of land being a portion of lot 5 , block 46 of "Metzger Acre Tracts" , a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Commencing at a 3/4 inch iron pipe at the southwest corner of lot 4 , block 46 , "Metzger Acre Tracts" , said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72nd Avenue; thence S89°58 ' 00"E, along the north right-of-way of SW Pine Street, a distance of 212 .50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" ;thence N00°05 ' 54 "W a distance of 88 . 00 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" being the true POINT OF BEGINNING; thence, continuing N00°05 ' 54 "W a distance of 88 . 07 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" on the north line of said lot 5 ; thence S89°58 ' 00"E, along the north line of said lot 5 , a distance of 204 . 43 feet to the centerline of SW 71st Avenue, also being the northeast corner of deed document number 2005-75555 , from which a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" bears N89°58 ' 00"W 30 . 00 feet; thence S00°04 ' 00"E, along the centerline of SW 71St Avenue, a distance of 88 . 07 feet to the southeast corner of last said deed; thence N89°58 ' 00"W a distance of 204 .38 feet to the POINT OF BEGINNING, containing 15 , 359 square feet, more or less, excluding that portion within SW 71st Avenue, with the portion of said tract that lies within SW 71st Avenue being subject to the rights of the public. q./ CASWEL L / ERTEL SURVEYORS, INC. Professional Land Surveyors 6150 S.W. 124th Avenue Telephone 503/644-3179 • caswellhertel @msn.com • Beaverton, Oregon 97008-4724 Fax 503/644-3190 THE PURPOSE OF THIS SURVEY WAS TO RESOLVE A PROBLEM WITH THE DEED DESCRIPTIONS INVOLVING THE BOUNDARY BETWEEN THE PROPERTY DESCRIBED IN DEED DOCUMENTS 2005-75555 AND 86-040686 WITH THE PROPERTY DESCRIBED IN DEED BOOK 783,PAGE 502.WE ARE PROPOSING THAT THE PROPERTY LINE SHOULD BE ALONG LINE 29 - 31 ON THE ATTACHED PROPERTY LINE ADJUSTMENT SURVEY,AS IT WAS MONUMENTED IN SURVEY NUMBER 6906,WASHINGTON COUNTY SURVEY RECORDS,AND AS THE LINE OF OCCUPATION REFLECTS. • • • 1 • 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF WASHINGTON 6 BOB G. BESS, EVA JO BESS, ) 7 CHARLES BURNETT and ) M. LOUISE BURNETT, ) 8 ) Plaintiffs, ) NO. C07-1025 CV 9 ) 10 v. ) STIPULATED GENERAL JUDGMENT 11 BETTY J. SITTEL, ) 12 • Defendant. ) 13 This matter came before the court on September 10, 2007 for mediation 14 before The Honorable Mark Gardner, plaintiffs appearing with Attorney C. 15 Thomas Davis, and defendant appearing with Attorney Glenn A. Leier, and the 16 17 parties having negotiated a settlement and reported the settlement to the 18 • court; NOW THEREFORE, 19. • IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS: 20 1. Plaintiffs Bob G. Bess and Eva Jo Bess are the owners of real 21 property in Washington County, State of Oregon, identified as 10595 SW 71st 22 Avenue, Tigard, Oregon 97223, and legally described as the South 88 feet of 23 24 the East 175 feet of Lot 5, Block 46, METZGER ACRE TRACTS, County of 25 Washington, State of Oregon. 26 2. Plaintiffs Charles Burnett and M. Louise Burnett are the owners Page 1 STIPULATED GENERAL JUDGMENT C.THOMAS DAVIS [mb.re.bess.burnett.sittel.judgment] ATTORNEY AT LAW 12220 S.W.FIRST STREET BEAVERTON,OREGON 97005 OFFICE(503)644-9000 • FAX(503)644-9050 EMAIL tom @davislawfirm.net • i 1 of real property in Washington County, State of Oregon, identified as 10565 2 SW 71st Avenue, Tigard, Oregon 97223, and legally described as the East 3 175 feet of Lot . 5, Block 46, METZGER ACRE TRACTS, County of 4 Washington, State of Oregon, excepting therefrom the South 88 feet. 5 6 3. Defendant Betty J. Sittel is the owner of real property in 7 Washington County, State of Oregon, commonly known as 10560 SW 72nd 8 Avenue, Tigard, Oregon 97223, and legally described as Lot 5, except the 9 East 175 feet thereof and all of Lot 4, Block 46, METZGER ACRE TRACTS, 10 Washington County, Oregon. 11 4. Plaintiffs have filed these legal proceedings, claiming ownership . 12 13 of the easterly 29.33 feet and 29.43 feet of Sittel's property by adverse 14 possession. The property claimed by Plaintiffs Bess is described in Exhibit A 15 attached hereto. The property claimed by Plaintiffs Burnett is described in 16 Exhibit B attached hereto. 17 5. Ownership of the real property described in Exhibit A is awarded 18 to Bob G. Bess and Eva Jo Bess. 19 20 6. Ownership of the real property described in Exhibit B is awarded 21 to Charles Burnett and M. Louise Burnett. 22 7. Betty J. Sittel retains the remaining interest of the property 23 described in Paragraph 3 above. 24 8. The parties will cooperate by signing all documents necessary to 25 enforce the spirit and terms of this agreement, including but not limited to 26 Page 2 STIPULATED GENERAL JUDGMENT C.THOMAS DAVIS [mb.re.bess.bumett.sittel.judgment] ATTORNEY AT LAW 12220 S.W.FIRST STREET BEAVERTON,OREGON 97005 OFFICE(503)644-9000 • FAX(503)644-9050 EMAIL tom @davislawfirm.net • • • 1 lot line adjustment documents to be filed with Washington County. 2 9. The court will retain jurisdiction to enforce the terms of the 3 settlement agreement. 4 10. No costs or attorney fees are awarded to any party. 5 6 DATED: • 8 Judge 9 IT IS SO STIPULATED: 10 11 C. Thomas Davis, OSB #81203 12 Attorney for Plaintiffs 13 14 Glenn A. Leier, OSB #89075 15 Of Attorneys for Defendant 16 17 ORDER PREPARED BY: • 18 C. Thomas Davis, OSB #8 1203 19 Attorney for Plaintiff 20 21 22 23 24 25 • 26 Page 3 STIPULATED GENERAL JUDGMENT C.THOMAS DAMS ]mb.re.bess.bumett.sittel.judgment] ATTORNEY AT LAW 12220 S.W.FIRST STREET BEAVERTON,OREGON 97005 OFFICE(503)644-9000 • FAx(503)644-9050 EMAIL tom@davislawfirm.net • • • EXHIBIT "A" TRANSFER TRACT A Tract of land in lot 5, block 46 of "Metzger Acre Tracts", a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Commencing at a 3/4 inch iron pipe at the southwest corner of lot 4, block 46, "Metzger Acre Tracts", said point also being at the intersection of the north right-of-way of SW Pine Street and the east right-of-way of SW 72' Avenue; thence S89.58'00"E, along the north right-of-way of SW Pine Street, a distance of 212.50 feet to a 5/B inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" being the true POINT OF BEGINNING; thence, continuing along the north right-of-way of SW Pine Street, a distance of 29.33 feet; thence N00'04'00"W a distance of 88.00 feet to the northwest corner of deed document number 86-040686; thence N89.58'00"W a distance of 29.38 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896"; thence 500'05'54"E a distance of 88.00 feet to the POINT OF BEGINNING, containing 2,583 square feet, more or less. • EXHIBIT ,Q TRANSFER TRACT A Tract of land in lot 5, block 46 of "Metzger Acre Tracts", a duly recorded Subdivision in the Northeast 1/4 of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Commencing at a 3/4 inch iron pipe at the southwest corner of lot 4, block 46, "Metzger Acre Tracts", said point also being at the intersection of the north right-of-way of SW Pine Street end the east right-of-way of SW 72rd Avenue; thence S89.58'00"E, along the north right-of-way of SW Pine Street, a distance of 212.50 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896"; thence N00'05'54"W a distance of 88.00 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" being the true POINT OF - BEGINNING; thence, continuing N00.05'54"W a distance of 88.07 feet to a 5/8 inch iron rod with yellow plastic cap inscribed "HERTEL PLS 1896" on the north line of said lot 5; thence S89.58'00"E, along the north line of said lot 5, a distance of 29.43 feet to the northwest corner of deed document number 2005-75555; thence S00.04'00"E a distance of 88.07 feet to the southwest corner of last said deed; thence N89.58'00"W a distance of 29.38 feet to the POINT OF BEGINNING, containing 2,589 square feet, more or less. • • C. THOMAS DAVIS Attorney at Law 12220 SW First Street Beaverton, Oregon 97005 Tel: (503) 644-9000 Fax: (503) 644-9050 tom@davislawfirm.net September 19, 2007 Glenn A. Le' r Attorney t Law One N)ain Place 101/SW Main Street, Suite 950 Portland OR 97204 Dear Glenn: RE: Bess and Burnett v. Sittel Enclosed are documents for your review. If all meets with your approval, please obtain your client's signature on the deeds and lot line adjustment documents for return to me. Please also sign and return the stipulated judgment to me. I will file all of the documents. As far as I am concerned, our stipulation is a mutual release of all parties. If you prefer to have a formal mutual release, I will have my clients sign and return it to you. Under separate cover, I will forward to you the settlement payment of $3,200. Thank you. Very truly yours, C. Thomas Davis mb: re.bess.burnett.14 enclosures cc: Mr. and Mrs. Bess Mr. and Mrs. Burnett • • 36-1:31--69 6906 • SUaV?Y I N BLOCK 46 of _^ ; any_ rn JG_,R A',.3.•. TilJ TS ur. ,: ! sTF O OREGON IN S2.0'.'ICti 36, iris, a1s, ",:. . LAND SURVEYOR 7IP1 }TI NCTON COU:;TYZ 0112(:0N . Made for Mr. E. Y . Campbell • June 28 1958 ov• 7. 1947 H. P. BARROWS Scale 1 — 100' H. ' J ENSEN J R. w�. Omit/con Omit/NNW 223 RECEIVED JUN 3 01958 HILLS60RO1 OREGON • X5'14/ 7', ' r:71/. 7 - ,o d ;11 / 75-9 G4.•-, bons/ 0 k) : o \ � � o 1 1 (kJ tt, N. ()) • > :: p ■ I kt, . i k k , /76./ k \ t`); \\ \ \ o■ . 1 "1 gN) tl) o h 51 Cl"\. .6 N 4‘ / 76./ -• / 76/ 60 / 1 w ' 1 , -,Q��084 0 p / T6./ o ; 1 —_mbN " °oct o S� 7/5/ .7i . o I 3 \ 6.4 s. G . .Fd� zo7zs . .:4 Ti s ■ T 1.-ZZ....0 GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP 10560 SW 72nd/10595 SW 71st Community Development Plot date N 0 100 200 300 Feet Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 http://www.ci.tigard.or.uS Nov 26,2007;C:\magic\MAGIC03.APR .J / M%.• 190.3 226.09 f I 4 6 cc, 401 03 .29 AC 1 ei 00 17 .fir 175' r r CO 4 .98 AC CO 5 400 ��� . .29 AC 0- 190.3 226.33 \j) -,.., • • ta )17,-4/7 17-7y 4115% 840.4/0194,-- 79,0°07- S ,�-fis s 5 b? • • Lot Line Adjustment Narrative DEC . n 2007 This lot line adjustment application is a result of a stipulated judgment ordered by the dreuit;corirt of the state of_. Oregon on September 10th,2007.This case of adverse possession rectified the intent ofaheeongiriallot divisions;''3'• which were erroneous. The original lot divisions did not take into account the 30 foot fronting SW 71st avenue being subject to the rights of the public. 18.410.040 Approval Criteria 1. An additional parcel is not being created. The"Sittel" lot(tax lot#1S1 W36AC 00300)will be reduced from 42,486 sq ft to 37,313 sq ft. This lot size is not below the minimum lot size established by the zoning district. 2. The reduction of the"Sittel" lot, will not be in violation of the site development or zoning district regulations. 3. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a. As evidenced by the attached"Proposed Property Line Adjustment Survey", showing the square footage and existing house, the"Sittel"conforms with the dimensional standards of the zoning district Tax lots 400 (Bess) and 401(Burnett) are both 88 feet wide b. Tax lot 400 (Bess) has 15,343 sq ft Tax lot 401 (Burnett) has 15,359 sq ft Tax lot 300(Sittel) has 37,313 sq ft c. No new parcels created. Tax lots 400 and 401 each have a 20 foot wide access and over the required minimum 15 foot front of public right-of-way. d. Setbacks Lot 400 Lot 401 Front Yard 40 feet 36 feet Side 8 ft 9 in, 16ft 4 in (corner lot) 5 ft 3 in, 10 ft Rear 90 feet 95 feet Property Line/Garage 32 feet 30 feet A legal but non-conforming set back of 2 feet 6 inches exists on the west side of the detached garage/shop on lot 401(Burnett). The previous owner of tax lot 401 built the garage/shop in 1960 and was issued a building permit by Washington County in 1960. 4. Flag Lots not Applicable 5. The length of accessways are not being affected by this lot line adjustment. 6. Common drive is not applicable. B&C. Not applicable l-° LEGEND NOTES NARRATIVE PROPOSED PROPERTY LINE O—MONUMENT FOUND AS NOTED-IRONS FOUND I.REFERENCE MATERIAL: IRE PURPOSE OF THIS SURVEY IS TO MONUMENT A PROPOSED PROPERTY LINE ADJUSTMENT SURVEY BENT WERE STRAIGHTENED. PLATS: "METZGER ACRE TRACTS-."'MORON ADJUSTMENT BETWEEN THE LAND AS DESCRIBED IN WASHINGTON COUNTY DEED BOOK 783 •-5/8 A b INCH IRON REBAR SET WITH YELLOW PAGE 502 AND DEED DOCUMENTS 66-0•0686 AND 2005-075555.THE f1EL0 CREW FOR BOB BESS PLASTIC CAP NSCRRED-HERTEL PLS 1896" PLAT 1991-002' CONSISTED OF BENJAMIN STACY PLS 57191 AND TOY HERTEL.A WILD 1-1000 THEODOLITE IN LOTS 4 AND 5, OF SE 46 6,1.IS, ACRE TRACTS" 1 (—RECORD BEARING AND/OR DISTANCE BY SURVEY NUMBERS:6906.20481 AND A D-1000 DISTANCE METER WAS USED FOR PRIMARY MEASUREMENTS. IN THE NE 1/4 OF SEC.36,T.15,R.IW.W.M. SURVEY NUMBER. DEEDS:(6006/PAGE)783/502 TO ESTABLISH THE SOUTH LINE OF BLOCK 46"METZGER ACRE TRACTS',I HELD WASHINGTON COUNTY,OREGON ---PROBABLE ORRAN OR FIRST RECORD OF MONUMENT (DOCUMENT NO.)86-040686.2005-75555 MONUMENTS ISH AND©. SCALE:1"•30' DECEMBER XX,2006 BY SURVEY NUMBER. TO ESTABLISH THE RIGHT-OF-IIWY OF SW, 71ST AVENUE.I HELD RECORD ANGLE(PER SN Q I —COMPUTER POINT NUMBER. 6906)AT MONUMENT®BASED FROM THE ABOVE ESTABLISHED SOUTH LINE OF BLOCK 46. 0 15 30 45 60 —CENTERLINE 2.BASE OF BEARING:BETWEEN MONUMENTS CD AND TO ESTABLISH THE WEST UNE OF BLOCK 46.I HELD MONUMENT �AS BUNG ELI I W--NON PIPE CID.PER SH 6906- FEET WEST(PER SN 20491)ALONG NTH MONUMENT . a---IRON ROD TO ESTABLISH THE NORTH LINE OF LOTS•AND 5.I HELD A PARALLEL BEARING TO THE. SN-SURVEY NUMBER•COUNTY SURVEY RECORDS. ABOVE ESTABLISHED SOUTH BLOCK LINE,BASED FROM MONUMENT . W/YPC—WITH YELLOW PLASTIC CAP TO ESTABLISH POINTS , ••©,I INTERSECTED THE ABOVE ESTABLISHED PLAT —PLAT OF 1ETZGER ACRE TRACTS' LINES. TO FENCE TO ESTABLISH THE NORTH LINE OF DOCUMENT 66-040666.I HELD DEED DISTANCE FROM POINT(ID ALONG THE CENTERLINE OF SW 7151 AVENUE ALONG WITH A PARALLEL BEARING TO THE ABOVE ESTABLISHED SOUTH BLOCK LINE. THE PROPOSED ADJUSTED LINE WAS ESTABLISHED PER CLIENT'S SPECIFICATIONS ALL NEW MONUMENTS WERE SET ON DECEMBER XT,2006 I • • • CASWELL/ / HERTEL . SURVEYORS INC. ., r FD 5/eTRON Roo b, 30' 6150 S.W. 124TH AVE. CID N75'24'5514 0.52' BEAVERTON, OREGON 97008 1:1FD RIFLE BARREL FISH 6906)�^( r.115.78.J (501) 644-3179 V 849058.1071:N0.210.1.81,\. 5er5e oo£ a•• f:-• 24...3' wnrse'oo'//211.35' + 29.43' :r us.00' " 240.78' 175 4D b.00'_- I RECORDED aN OCE /956342 POLYESTER FILM USING I 2.6'–I_ I''6,1 EXISTING HEWLETT-PACKARD PRODUCT b 50' K. PR Rh I NO.51645*. I v • ` c I LINE CHARLES BURNETT I§ REGISTERED 9 $x I),, DOC.2045-75555 Ae ° o /PROFESSIONAL I BETTY SITTEL PROPERTY PROPOSED LINE 13 EXISTING AREA 4-0�`3 LAND SURVEYOR 12,770 SQ.FT.(NET) p AND OCCWATION TRANSFER I PROPOSED AREA ¢ • D 5 BOOK 783 PAGE 502 LINE _� PARCEL 15,359 SQ.FT.(NET FD 1/21RON PIPE I.. .. rM iI N 14 2,589$O.FT,I N24•SB'45T 0.13' UI•i EXISTING AREA I c I (NO RECORD) ....g. ,^, OREGON a4 2,4 86 SQ.FT. sI e° ALBCRI i¢er¢ 3 1896 p I - PROPOSED AREA - sawse•OD'[,0 vi . Z 37,313 SQ.FT. 29.36 145.00' moo' f I __ p EXPIRES 6/30/2007 r N8r58'0016 204,36' _ MI� `i I E I BOB BESS I 4e y$ I DOC.86-040686 EXISTING AREA I $ G I 12,760 SQ.FT.(NET) 4A g 2 �„�,9•, I g PROPOSED AREA �� a 8 I 14 0 VR I S 15,343 SQ.FT.(NET) .a ' PROPERTY O I I� I NODS'0"w 0 .14' FD 5/91R0W ROD I /,�eo�� (SN 691161 N7724'051,0.51' >, serse'D0E 241,er (SN 1906) ® crib b.00 a.•• I 2933•~•.j --• I45.0O' ( �_.• 3000 29.85'_ I _ 212.50' serse'oot 204.33' I - -- O Nersebrw -446.66'0 ® 1446,7'45N-6906) I cL3/f 160W PIPE R BASIS OF BEARING •I Si Sl 1 I PI I •R S.W.PINE STREET a 1 JOB NUMBER 7356 • WASHINGTON COUNTY b' b' I FD 3/41RON PIPE if b• b' SURVEYOR'S OFFICE HELD(PLAT) ACCEPTED FOR FILING LEGEND NOTES NARRATIVE PROPOSED PROPERTY LINE Q - MONUMENT FOUND AS NO TED-IRONS FOUND 1. REFERENCE MATERIAL: THE PURPOSE OF THIS SURVEY IS TO MONUMENT A PROPOSED PROPERTY LINE ADJUSTMENT SURVEY BENT WERE STRAIGHTENED "METZGER ACRE TRACTS", "PARTITION ADJUSTMENT BETWEEN THE LAND AS DESCRIBED IN WASHINGTON COUNTY DEED BOOK 783 FOR BOB BESS • 5/8 X 30 INCH IRON REBAR SET WITH YELLOW PLAT 1991_002.. PAGE 502 AND DEED DOCUMENTS 86-040686 AND 2005-075555. THE FIELD CREW IN LOTS 4 AND 5, BLOCK 46 "METZGER ACRE TRACTS" PLASTIC CAP INSCRIBED HER TEL PLS 1896" CONSISTED OF BENJAMIN STACY PLS 57191 AND 1ONY HERTEL. A WILD T-1000 THEODOLITE IN THE NE 1/4 OF SEC. 36, T. 1S, R. 1W. W.M. ( ) RECORD BEARING AND/OR DISTANCE BY SURVEY NUMBERS: 6906, 20481 AND A D-1000 DISTANCE METER WAS USED FOR PRIMARY MEASUREMENTS. SURVEY NUMBER. DEEDS: (BOOK/PAGE) 783/502 TO ESTABLISH THE SOUTH LINE OF BLOCK 46 "METZGER ACRE TRACTS", I HELD WASHINGTON COUNTY, OREGON PROBABLE ORIGIN OR FIRST RECORD OF MONUMENT MONUMENTS 10 AND 4 SCALE: 1"=30' JANUARY 18, 2008 [. ]- {DOCUMENT NO.) 86-040686, 2005-75555 �---.--� � • � � .Y__� BY SURVEY NUMBER. TO ESTABLISH THE RIGHT-OF-WAY OF S.W. 71ST AVENUE, I HELD RECORD ANGLE (PER SN iii.■ ?,0,9 COMPUTER POINT NUMBER. 6906) AI CORNER 25 , HOLDING MONUMENT BASED FROM THE ABOVE ESTABLISHED 0 1 5 30 45 60 v21) CENTERLINE 2. BASIS OF BEARING: BETWEEN MONUMENTS AND SOUTH LINE OF BLOCK 46. IP- -IRON PIPE 10 , PER SN 6906. TO ESTABLISH THE WEST LINE OF BLOCK 46, I HELD MONUMENT 18 AS BEING 0.11 IR IRON ROD FEET WEST (PER SN 20481) ALONG WITH MONUMENT 10 . SN SURVEY NUMBER, COUNTY SURVEY RECORDS. TO ESTABLISH THE NORTH LINE OF LOTS 4 AND 5, I HELD A PARALLEL BEARING TO THE W/YPC WITH YELLOW PLASTIC CAP ABOVE ESTABLISHED SOUTH BLOCK LINE, BASED FROM MONUMENT (18 . PLAT PLAT OF "METZGER ACRE TRACTS" TO ESTABLISH POINTS 19 , �0) , 21 , I INTERSECTED THE ABOVE ESTABLISHED X X FENCE LINES. TO ESTABLISH THE NORTH LINE OF DOCUMENT 86-040686, I HELD DEED DISTANCE FROM POINT QA) ALONG THE CENTERLINE OF SW 71ST AVENUE ALONG WITH A PARALLEL BEARING TO THE ABOVE ESTABLISHED SOUTH BLOCK LINE. THE PROPOSED ADJUSTED LINE WAS ESTABLISHED PER CLIENT'S SPECIFICATIONS. ALL NEW MONUMENTS WERE SET ON JANUARY 18, 2008 -ti 1iiEt pi r\' M ' ,,ARC., l CASWELL/ HE.RTEL co CD 6150 SURVEYORS W 112 th AVE. en csa p, FD 5/8"IRON ROD 30' 30' BEAVERTON, OREGON 97008 1 g E.,, E,., N75'24'55"W 0.52' FD RIFLE BARREL a 2 [SN 6906] (503) 644-3179 HELD PER SN 20481 f-----[SN 4473] \ S89'58'00"E 415.78'N89'S8`00"W 0.1 1' ' ! -'" 204.43' N89'58'00"W 211.35' --' 29.43`_,4;7 145.00' --'�� 30.00' / �� 240.78 • „� 175.00' i' G 3 I 0' 30' 2.6' ,0 EXISTING 4 Sri PROPERTY I ti E., ?W LINE CHARLES BURNETT k, �' ° I f ,�z`'�v 0 REGISTERED W Doc. 2005-75555 o� m w PROFESSIONAL o EXISTING AREA }�� a° co z CLAND SURVEYOR PROPOSED o 12,770 SQ. FT.(NET) > 'BETTY SITTEL PROPERTY LINE TRANSFER ° PROPOSED AREA >z AND ©CCUPATIOU---_�� 0 FD 1/2"IRON PIPE Noketii- _ p w f=w BOOK 783 PAGE 502 LINE PARCEL t!) 15 359 S . FT.(NET) ra 0 j 2,589 SQ. FT. Q N24 38 45 E 0.13 OREGON J W o W= EXISTING AREA ( [NO RECORD] O JULY 18. 1980 > © 42,486 SQ. FT. o �, ALBERT TEL . < CI I PROPOSED AREA - S89'58'00"E - It)cn Z - 37,313 SQ. FT. I 29.38 r 145.00' -, 7 30.00 II EXPIRES 6/30/2009 N �D-- 3 N89'S8'O0"W 204.38' o -CD p �lr� do a � d- II ui I d ° $ z .°° BOB BESS $cn o o 0 DOC. 86-040686 0 ° EXISTING AREA ° co 03 t 12,760 SQ. FT.(NET) �(l c, b 00 u-a IV,: a o PROPOSED AREA _ *4/ co 0 o I o z to 0°D° 15,343 SQ. FT.(NET) �q" t° -,°4 Q�OO o v°0� a N EXISTING 00 CD PROPERTY Z I FD 3/4"IRON PIPE Z LINE N89'58'00"W 0.14' FD 5/8"IRON ROD r-(99, --,�-- [SN 6906] N72*24105"W 0.51' S4/ t v, S89`58'00"E 241.83' [SN 6906] ryn, _`-\ (% 2:# 30.00' , , I I 29.33 .L_-- 145.00 --,+ 30.00 29.85 212.50' .r��- „/'� *~',. S89'S8'00"E 204.33' j_ 1 O N89'S8 00 W 446.68 CD e �� _.. 10 o �� (446.7'=SN 6906) o FD 3/4 IRON PIPE M BASIS OF BEARING _ "n HELD [SN 4473] rn 6 In 0 o I S.W. PINE STREET o 0 1 ro 0 JOB NUMBER 7358 z ..) WASHINGTON COUNTY SURVEYOR'S OFFICE 30' 30' FD 3/4"IRON PIPE © 30' 30' HELD [PLAT ACCEPTED FOR FILING 2 - 2I - 08 LEGEND NOTES NARRATIVE PROPOSED PROPERTY LINE 0 MONUMENT FOUND AS NOTED-IRONS FOUND 1. REFERENCE MATERIAL: THE PURPOSE OF THIS SURVEY IS TO MONUMENT A PROPOSED PROPERTY LINE ADJUSTMENT SURVEY BENT WERE STRAIGHTENED. PLATS: "METZGER ACRE TRACTS", "PARTITION ADJUSTMENT BETWEEN THE LAND AS DESCRIBED IN WASHINGTON COUNTY DEED BOOK 783 FOR BOB BESS • 5/8 X 30 INCH IRON REBAR SET WITH YELLOW PLAT 1991-002 PAGE 502 AND DEED DOCUMENTS 86-040686 AND 2005-075555. THE FIELD CREW IN LOTS 4 AND 5, BLOCK 46 "METZGER ACRE TRACTS" PLASTIC CAP INSCRIBED "HERTEL PLS 1896" CONSISTED OF BENJAMIN STACY PLS 57191 AND TONY HERTEL. A WILD T-1000 THEODOLITE IN THE NE 1/4 OF SEC. 36, T. 1S, R. 1W. W.M. SURVEY NUMBERS: 6906, 20481 AND A D-1000 DISTANCE METER WAS USED FOR PRIMARY MEASUREMENTS. ( RECORD NUMBER. AND/OR DtSTANCE BY DEEDS: (BOOK/PAGE) 783/502 TO ESTABLISH THE SOUTH LINE OF BLOCK 46 "METZGER ACRE TRACTS", I HELD WASHINGTON COUNTY, OREGON SURVEY SCALE: 1 =30 DECEMBER XX, 2006 [ ] PROBABLE ORIGIN OR FIRST RECORD OF MONUMENT (DOCUMENT NO.) 86-040686, 2005-75555 MONUMENTS 10 AND «. - BY SURVEY NUMBER. TO ESTABLISH THE RIGHT-OF-WAY OF S.W. 71ST AVENUE, I HELD RECORD ANGLE (PER SN moo Nom aim mos immoon Q1 COMPUTER POINT NUMBER. 6906) AT MONUMENT C5 BASED FROM THE ABOVE ESTABLISHED SOUTH LINE OF BLOCK 46. 0 15 30 45 60 CENTERLINE 2. BASIS OF BEARING: BETWEEN MONUMENTS CO AND TO ESTABLISH THE WEST LINE OF BLOCK 46, I HELD MONUMENT 18 AS BEING 0.11 IP IRON PIPE 10 , PER SN 6906. FEET WEST (PER SN 20481) ALONG WITH MONUMENT 10 . IR IRON ROD TO ESTABLISH THE NORTH LINE OF LOTS 4 AND 5, I HELD A PARALLEL BEARING TO THE SN SURVEY NUMBER, COUNTY SURVEY RECORDS. ABOVE ESTABLISHED SOUTH BLOCK LINE, BASED FROM MONUMENT 18 . W/YPC-WITH YELLOW PLASTIC CAP TO ESTABLISH POINTS . , 20 , 21 , I INTERSECTED THE ABOVE ESTABLISHED PLAT PLAT OF "METZGER ACRE TRACTS" LINES. TO ESTABLISH THE NORTH LINE OF DOCUMENT 86-040686, I HELD DEED DISTANCE FROM X x FENCE POINT CD ALONG THE CENTERLINE OF SW 71ST AVENUE ALONG WITH A PARALLEL BEARING TO THE ABOVE ESTABLISHED SOUTH BLOCK LINE. THE PROPOSED ADJUSTED LINE WAS ESTABLISHED PER CLIENT'S SPECIFICATIONS. ALL NEW MONUMENTS WERE SET ON DECEMBER XX, 2006 ;i CASWELL/ i HERTEL SURVEYORS 6150 W INC. 2 h AVE. , FD 5/8 IRON ROD 30' 30' CD E. E.. N75'24'55"W 0.52' BEAVERTON, OREGON t 97008 M p FD RIFLE BARREL 2 2 [SN 6906] (503) 644-3179 HELD PER SN 20481 [SN 4473] o - -- S89'58'00"E 415.78' 2 ' ', 204.43' N89'58'00"W 0.11 ; N89'S8'00"W 211.35' -D 29.43' -- 145.00' ___ ♦ .. 30.00 , % - 240.78' 175.00' 4. RECORDED ON OCE #868342 POLYESTER FILM USING I 2.6' j r` EXISTING HEWLETT-PACKARD PRODUCT N0. 51645A. PROPERTY _ 30' 30' O a `O 0 a00 Y`o LINE I y o '?� CHARLES BURNETT c) �w I "'g .� DOC. A ' 0 o REGISTERED co W o 03 o w PROFESSIONAL o EXISTING AREA w}�� 00 °0 LAND SURVEYOR PROPOSED o 12,770 SQ. FT.(NET) > BETTY SITTEL PROPERTY LINE TRANSFER ° PROPOSED AREA " 71/-all(Z-‘-'0‘.. AND OCCUPATIO --- PARCEL c°n FD 1/2 IRON PIPE Li BOOK 783 PAGE 502 LINE 15,359 SQ. FT.(NET) N24-38'45"E 0.13' cn OREGON w n v, o w° EXISTING AREA 2,589 SQ. FT. [NO RECORD] o JULY 18, 1980 w 0 = 42,486 SQ. FT. I o Cr) ' ALBERT HERTEL ALBERT HE '`� PROPOSED AREA - S89'58'00"E 'p Z °z 37 313 SQ. F . 29.38 - 145.00 -,,,,D 30.00 a EXPIRES 6/30/2007 N 3 Q• N 1 71-10 �;`-- N89'S8'00"W 204.38' --;,� o w lo - O o �n 0 1 0-n•0 1 ui ° 1 ° ° BOB BESS ° °°co cn 0 b - v1 N ID Z DOC. 86-040686 0 — 0 003 EXISTING AREA w _ ai a) t 12,760 SQ. FT.(NET) �2w$' ° 00 W I � W ci o PROPOSED AREA w4W 1 n z v"' 0000 15,343 SQ. FT.(NET) `r 00 0 o I-a N EXISTING b q. PROPERTY z I FDD33/4"IRON PIPE C ( LINE N89'58'00"W 0.14' F "IR R Z cp [SN 6906] D 5/8 ON OD �s .9. /-'- N72'24'05"W 0.51' 4/,<,6;,„ [SN 6906] o69� .II -- 145.00 „ 30.00' 29.85_ • ___- I / ;1 212.50' -' S89'S8'00"E 204.33' 0 2 - 10 N89'58'00"W 446.68' C--) ry O - (10) (446.7'=SN 6906) o FD 3/4"IRON PIPE M BASIS OF BEARING - re) HELD [SN 4473] '<n - o; L_ . 0 0 o S.W. PINE STREET o 0 I M bb M Z JOB NUMBER 7358 WASHINGTON COUNTY SURVEYOR'S OFFICE 30' 30' FD 3/4"IRON PIPE 30' 30' HELD [PLAT] ACCEPTED FOR FILING r - "t(-)x'/67