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MIS2008-00002
!OTICE OF TYPE I DECISION V LOT LINE ADJUSTMENT (MIS) 2008-00002 KRAST PARK LOT LINE ADJUSTMENT TIGARD 120 DAYS = 5/31/2008 SECTION I. APPLICATION SUMMARY FILE NAME: KRAST PARK LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2008-00002 PROPOSAL: The applicant is proposing to adjust one (1) property line which will reconfigure two (2) separate parcels. Parcel 1 (lot 3) of 9,048 will become 8,769 square feet. Parcel 2 (lot 4) of 6,486 will become 6,765 square feet. OWNER Stacey Schlesinger and OWNER Bret &Linda Swopes PARCEL 1: Bret &Linda Swopes PARCEL 2: 13440 SW Howard Dr. 4216 SW 4`h St. Tigard, OR 97223 Portland, OR 97225 APPLICANT: S. Miles Schlesinger 11455 SW Shrope Q. Tigard,OR 97223 LOCATIONS: 10142 SW Alyne Lane,WCTM 1S135CC,Tax Lot 4300 10134 SW Alyne Lane,WCTM 1S135CC,Tax Lot 4400 ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2008-00002-KRAST PARK LOT LINE ADJUSTMENT CONDITION OF APPROV THE FOLLOWING NDITION SHALL BE SATISFI . UNLESS .OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINES IN THE PLANNING DIVISION AT 503-639-4171. 1. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information & Proposal Description: The site is located within the Krast Park subdivision (SUB2006-10002), west of SW Tigard Street and north of SW Katherine Street. This five lot subdivision has an existing single-family home on lot 1, and a new home is being constructed on lot 5. Lots 2, 3, & 4 are vacant at this time. The applicant is proposing to adjust one property line, which will reconfigure two separate parcels (lots 3 & 4). This adjustment is to straighten the property line between the two lots. The line was originally configured to accommodate a water quality swale which has since been constructed in the park at the end of Katherine Street to the south. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the following standards for approval of a Lot Line Adjustment request: Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. The R-4.5 zone has a minimum lot size of 7,500 square feet. In any event, the lots will be 8,769 and 6,765 square feet after the adjustment. Lot 4 is currently 6,486 square feet and is less than the required 7,500. Lot size can be averaged within subdivisions, but no lot created can be less than 80% of the minimum allowed in the zone. Lot 4 will be 6,765 square feet which is 90% of the 7,500 minimum. Therefore, this standard is satisfied. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; The resulting lot sizes will remain above the minimum required in the R-4.5 zone. Both sites are currently vacant. Setbacks will be reviewed at the time of building permit application. Therefore, this standard has been satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2008-00002-KRAST PARK LOT LINE ADJUSTMENT • CONDITION OF APPROVAL• THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINES IN THE PLANNING DIVISION AT 503-639-4171. 1. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information &Proposal Description: The site is located within the Krast Park subdivision (SUB2006-10002), west of SW Tigard Street and north of SW Katherine Street. This five lot subdivision has an existing single-family home on lot 1, and a new home is being constructed on lot 5. Lots 2, 3, & 4 are vacant at this time. The applicant is proposing to adjust one property line, which will reconfigure two separate parcels (lots 3 & 4). This adjustment is to eliminate the bend I the property line between the two lots. The line was originally configured to accommodate a water quality swale which has since been constructed in the park at the end of Katherine Street to the south. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the following standards for approval of a Lot Line Adjustment request: Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. The R-4.5 zone has a minimum lot size of 7,500 square feet. In any event, the lots will be 8,769 and 6,765 square feet after the adjustment. Lot 4 is currently 6,486 square feet and is less than the required 7,500. Lot size can be averaged within subdivisions, but no lot created can be less than 80% of the minimum allowed in the zone. Lot 4 will be 6,765 square feet which is 90% of the 7,500 minimum. Therefore,this standard is satisfied. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; The resulting lot sizes will remain above the minimum required in the R-4.5 zone. Both sites are currently vacant. Setbacks will be reviewed at the time of building permit application. Therefore, this standard has been satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2008-00002-KRAST PARK LOT LINE ADJUSTMENT The resulting parcels are conformity with the dimensional�ndards 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. Lot 3 is reduced from 9,048 to 8,769 square feet but still provides adequate width and size to meet the dimensional requirements of the R-4.5 zoning district. Lot 4 is 6,486 square feet and is less than the required 7,500. As noted previously, this is allowed through lot averaging within subdivisions. The above standard requires lots created through the partition process to front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. The lots have been previously platted through the subdivision process, which requires at least 25 feet of street frontage. Lot 3 will have 25 feet and lot 4 will have 38 feet. Both lots 3 & 4 are vacant, and setbacks will be reviewed with the building permit submittal. Dimensional standards for the R-4.5 zone are met. With regard to flag lots: • When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. • A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed lot line adjustment does not involve flag lots. Therefore,this standard does not apply. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. Both parcels have direct access to a private street (Alyne Lane). This private street was approved by Tualatin Valley Fire and Rescue during the subdivision review. No new accessways are being created with this application. This criterion is met. 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. All five lots will access from the private street (Alyne Lane). Shared maintenance for the private street is outlined in the Codes, Covenants, and Restrictions (CC&Rs) for the Krast Park Subdivision. This criterion is met. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. No new accessways are proposed with this application. Each site will access SW Alyne Lane as approved during the subdivision. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2008-00002-KRAST PARK LOT LINE ADJUSTMENT r . • • Exemptions from dedications: A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required. Floodplain, greenway and right-of-way dedication is not required as part of this application. Therefore, this standard does not apply. Variances to development standards: An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. The applicant has not requested a variance or an adjustment with this application. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MARCH 3, 2008 AND BECOMES EFFECTIVE ON MARCH 4, 2008. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. March3,2008 APPROVED BY: Cheryl Gaines DATE Associate Planner NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2008-00002-KRAST PARK LOT LINE ADJUSTMENT r -- ----- ------ w{ --i� J �_.. / \ — -\\I- `/ \\ —\i^— — F(7. j " � j I_ Iwl �nm� CITY of T I G A R D \ 1 I GEOGRAPHIC INFORMATION SYSTEM I-- � ' /\/, �`- —____-- � i 'H- \ VICINITY MAP 1 / � MIS2008-00002 _ _ TIGARD ST C i I ---_-- J _ KRAST PARK o c l LOT LINE , ADJUSTMENT Q rill 111� � Z co SW PIHAS CT PIHAS ST • a* A sv4- �:� •.3 ,,m LEGEND: 4ur1 % SUBJECT j SITE MEADOW ST ri.....w.... .� �• : ::YLORS Fc^� ( • lb IN 7 \ _ cO� FtpFV. -I I,�i� J, KAT '4c ..,,,9,-.4 y _ I I'C1.IT HI ..P .. 1; U I.. _-.. 4 eGN1TFl 3n ildu l � _cEere�.r:oRO.✓,''I..DVRhMI• RD• Iii Tigard Area Map 1y7 Ir lirr . N 0 80 160 240 320 400 Feet P.316 feet,_.,„. :. 71. 4 110 . krc.,..,.;., _....„.„.,,,,..„ ,z: ip,A c O Is - "; Information on this map is for general location only and should be verified with the Development Services Division. yi . OM 13125 SW Hall Blvd Tigard,OR 97223 `f0/y — �� 639-4171 JOHNSON S ' ��'n _ htlp://www.ci.tigard.or.us NQ' Plot date:Mar 3,2008;C:\magiclMAGIC03.APR Community Development • • • NARRATIVE: RECORD OF SURVEY WASHINGTON COUNTY I.B THE PURPOSE OF THIS SURYCY IS TO 7-076601 THE SURVEYOR'S OR1R BOUNDARY ONES FOR DOCUMENT NO.2007-076681(LOT J 'KRAST PARK')AND DOCUMENT NO.2007-076679(LOT A PROPOSED PROPERTY UNE ADJUSTMENT ACCEPTED FOR FILING KRAST PARK')FORA PROPOSED PROPERTY UNE LOTS 3 AND 4, -KRAST PARK- LOCATED IN THE CONDITIONS IIIENT.THIS PROPERTY UNE EDJIN CASE IS PER THE CONDIDONS OF APPROVAL CONTAINED RI CASE DLE NUMBER S.W. 1/4 SECTION 35, T.1 S., R.1 W., W.M., ary a ncARD PLANNING DEPARTMENT. CITY OF TIGARD, WASHINGTON COUNTY, OREGON L BASS OF BEARINGS AND BOUNDARY DETERMINATION IS DATE: JANUARY 21, 2008 SCALE: 1'=20' 01CM'KRAST PARK',HOLDING THE FOUND MONUMENTS AT'A' SURVEY PERFORMED FOR: SM BUILDERS N� AND'8'. 3. I HELD ALL THE MONUMENTS SHORN THAT WERE SET OR \ HELD IN THE PUT OF'KRAST PARK'AND RESET THE \\\ 140NUMENTS DESTROYED BY CONSTRUCTION AT THE SOUTHWAST AND SOUTHEAST CORNERS Cr SAID LOT 4,BY �/ HOLDING PUT DISTANCES FROM THE FOUND MONUMENTS AT • ! Ck 'A'AND'B'ON THE UNE BETWEEN SAID'K AND'B'. CURVE TABLE //,5 r�Y n CURVE' LENGTH RADIUS S0'I DELTA 'CHORD BEARING' CHORD 31' /4��"I' -r 1s'�('`t.,,�y"'Y LOT 1 b�sl� ":,�j.1_ • LOT 2 PRA Fs e �i re. 91,l P ( (56•7YOYE 80.41(PT)) . S 88.27.02.E 80.41' N • 1 h6 S N:s O N gg ►'daq o-� �O LOT 3 oiI.S� '' S.W. ALT NE LANE 1S8575e47'E(Pips 615'29'47' A (sBJVa:7•L DI (PRIVATE STREET)_ \ LEGEND: G 4.96'(71)) ((5054189'W '49 / s '(3 9'7'( E)) (L-1J.55'(PI)) 0 SET 5/B'+30'IRON ROD W/RED PLASTIC J �K-tp91 F (10.00'(.4,)) (Po)5 05'21'48'W J '_/ •Ja 57'(39.}7(71)) '1•4 155' O CAP ARKED'CENTE0.LINE CONCEPTS INC.' 0 x•64 .-. 10.00' 97SJ •'� 16 Al' Cl • • FOUND MONUMENT AS NOTED �` ��C7 DIN n �29.BZ' _ • FOUND AND HELD 5/8'IRON NCE W/RED PUSRC _\ PROPOSED �`P O PROPERTY CAP MARKED'CENTERLINE CONCEPTS•INC.' EL G F4 TRACT 1 PROPERTY UNE PROPERTY UNE FROM ST 29,979 G \ O 6 p11 FOUND AND HELD 5/B IRON ROD W/RED PUSDC 4 ,`\ A BEFORE ADJUSTMENT JADJUSTMENT 9.018 S.F. O,�l \ \, g AFTER ADJUSTMENT 6.769 S.F. i /./, p InON FROM SNRIKIE3).25 N1 ERLINE CONCEPTS•INC. P•O O ^ 1//01 71, 0^. FOUND 5(6'IRON RII E w/2'TSL INC.'INUM CAP ()t L h `591 FRO,,,,,,ML:'KRAST PARK' \. W g n FOU 5/8'IRON ROU W/RED PLASDC — CAP ARKED CENTERLINE CONCEPTS.INC.' ,1 FROM'KRAST PARK' 5 `p., TRACT •2 R LOT 5 ()■RECORD DISTANCES 4 BEARINGS 5 79 0 1\ 3 r- P-IRON PIPE z 49,(A.L BEFORE ADJUSTMENT 6,486 S.F. g 9 P N FD-FOUND W/ NTH 2°7' AFTER ADJUSTMENT 6.765 S.F. R -SJR EY NUMBER M N. Mf" 0 pj- GONG WASHINGTON COUNTY SURVEY RECORDS y0 O P r'" a POT -PUBLISHED GRID FACTOR p N t.9_88 m 2008 51-94 29,979 �J P1■'KRAST PARK' LOT 4 W vat YC' S.F.-SOUARE FEET (28.50'(71)) / ~30 'Jr SERF-SEARCHED FOR,NOT FOUND (9.72'(Pi)) (^q;) 1„f 28.50' — 111,80' 011.801PIA — 9.72 S SIGNED ON: Z'OI-Og INIDAL_ice ` • 140.J6' � III POINT N 88'24'09'W (N66'24'09'w(P1)) 15002' (150.02'(P1)) ('o J) REGISTERED $ BASS OF BEARINGS SFNF PROFESSIONAL - = (LAND SURVEYOR 1 • ��� LAPP �L 1N' ry^ N1 8M(; y�O WADE C'DONOVAN R +°'°� a 4V 1P cP'�,,,,00` GIT G 79 01w' 0 /��'tE.� p1_(.�t NN., es VAUD THROUG DECEMBER 31,2009 FD 1/2'IP -MI��Ag`O l AN, "^' L••'TI'JII IF p�1AT S SURVEY WAS PREPARED N 01'35'51'E 1.13' I .¢'� USING a OOUC /51610A ON CONTINENTAL SN 6331 1 /JPCAM POLYESTER FILM �\ C��a i- III /;' S.W. KATHERINE STREET (40'R/W) L"— - --- DATE: 3 3 �nterlin Concepts Ins. FD 3-1/2'ALUMINUM DISC y �"�•' --cep •• /4?.? SOI)TH 1/1 CORNER OF SECTION 35 ��."=�.•..U58T BOOK 9,PAGES 514-516 ENTRY N0.170 700 MCLALLA AGUE,OREGON CITY,OREGON 97045 FD 3-1/2'ALUMINUM DISC NORTHING 652266.837 503 650-RIBS FAX 503 650-0189 USB CORNER 3,PAGES 34 35 �EASRNG 7618290.627 NORTHING BOOK 3,PACES 341-J13 ENTRY NO.1J9 S 8870'07'E ( )) GC-022-053 DRAWN BY.MSG CHECKED BY:WGWI ACCOUNT/1302-03 CASTING 652343.50] (S 88'20'07'E 2639.21'SI)(Pt (0.99990522(PGF)) 283921' M:\PROJCHECKED BUILDERS-03\SMB-PLA • • CASTING 7615652.7x9 CC-11-J7J 1S135CC-04300 SCHLESINGER STACEY& SWOPES BRET&LINDA S 11455 SW SHROPE CT G 3/34 �(i)LJ, TIGARD,OR 97223 0 w 1S135CC-04400 AQ-C6reL SWOPES BRET&LINDA S 13440 SW HOWARD DR TIGARD,OR 97223 • r • • • AFFIDAVIT OF MAILING : o Ul( hRD 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: (Ch.&APPmp+are MO&low) © NOTICE OF DECISION FOR MIS2008-00002/KRAST PARK LOT LINE ADJUSTMENT (File NoiNa ne Reference) ❑ AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on March 3,2008,and deposited in the United States ' on March 3,2008,postage prepaid. 4;kteedi V. , i j d7i--- (Person that repared .tice) STATE OF OREGON County of Washington ss. City of Tigard N" Subscribed and sworn/affirmed before me on the ° day of if-A 4 Ltt ,2008. OFFICIAL SEAL = cr,'= SHIRLEY L TREAT ` / NOTARY PUBUC-OREGON 4� COMMISSION NO.416777 I MY EXPIRES APRs 25'2011 N TARY P LIC OF OREGON My Commission Expires: 1-1-6.(111 EXHIBIT A NOTICE OF TYPE I DECISION _ V LOT LINE ADJUSTMENT (MIS) 2008-00002 MI as KRAST PARK LOT LINE ADJUSTMENT TIGARD 120 DAYS = 5/31/2008 SECTION I. APPLICATION SUMMARY FILE NAME: KRAST PARK LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2008-00002 PROPOSAL: The applicant is proposing to adjust one (1) property line which will reconfigure two (2) separate parcels. Parcel 1 (lot 3) of 9,048 will become 8,769 square feet. Parcel 2 (lot 4) of 6,486 will become 6,765 square feet. OWNER Stacey Schlesinger and OWNER Bret &Linda Swopes PARCEL 1: Bret &Linda Swopes PARCEL 2: 13440 SW Howard Dr. 4216 SW 4th St. Tigard, OR 97223 Portland, OR 97225 APPLICANT: S. Miles Schlesinger 11455 SW Shrope Ct. Tigard, OR 97223 LOCATIONS: 10142 SW Alyne Lane,WCTM 1S135CC,Tax Lot 4300 10134 SW Alyne Lane,WCTM 1S135CC,Tax Lot 4400 ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally.Some civic and institutional uses are also permitted. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2008-00002-KRAST PARK LOT LINE ADJUSTMENT • CONDITION OF APPROVAL", THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE1 NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINES IN THE PLANNING; 'DIVISION AT 503-639-4171. 1. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information & Proposal Description: The site is located within the Krast Park subdivision (SUB2006-10002), west of SW Tigard Street and north of SW Katherine Street. This five lot subdivision has an existing single-family home on lot 1, and a new home is being constructed on lot 5. Lots 2, 3, & 4 are vacant at this time. The applicant is proposing to adjust one property line, which will reconfigure two separate parcels (lots 3 & 4). This adjustment is to straighten the property line between the two lots. The line was originally configured to accommodate a water quality swale which has since been constructed in the park at the end of Katherine Street to the south. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the following standards for approval of a Lot Line Adjustment request: Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. The R-4.5 zone has a minimum lot size of 7,500 square feet. In any event, the lots will be 8,769 and 6,765 square feet after the adjustment. Lot 4 is currently 6,486 square feet and is less than the required 7,500. Lot size can be averaged within subdivisions, but no lot created can be less than 80% of the minimum allowed in the zone. Lot 4 will be 6,765 square feet which is 90% of the 7,500 minimum. Therefore, this standard is satisfied. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; The resulting lot sizes will remain above the minimum required in the R-4.5 zone. Both sites are currently vacant. Setbacks will be reviewed at the time of building permit application. Therefore, this standard has been satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2008-00002-KRAST PARK LOT LINE ADJUSTMENT • CONDITION OF APPROVAL• THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINES IN THE PLANNING DIVISION AT 503-639-4171. 1. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information &Proposal Description: The site is located within the Krast Park subdivision (SUB2006-10002), west of SW Tigard Street and north of SW Katherine Street. This five lot subdivision has an existing single-family home on lot 1, and a new home is being constructed on lot 5. Lots 2, 3, & 4 are vacant at this time. The applicant is proposing to adjust one property line, which will reconfigure two separate parcels (lots 3 & 4). This adjustment is to eliminate the bend I the property line between the two lots. The line was originally configured to accommodate a water quality swale which has since been constructed in the park at the end of Katherine Street to the south. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the following standards for approval of a Lot Line Adjustment request: Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. The R-4.5 zone has a minimum lot size of 7,500 square feet. In any event, the lots will be 8,769 and 6,765 square feet after the adjustment. Lot 4 is currently 6,486 square feet and is less than the required 7,500. Lot size can be averaged within subdivisions, but no lot created can be less than 80% of the minimum allowed in the zone. Lot 4 will be 6,765 square feet which is 90% of the 7,500 minimum. Therefore,this standard is satisfied. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; The resulting lot sizes will remain above the minimum required in the R-4.5 zone. Both sites are currently vacant. Setbacks will be reviewed at the time of building permit application. Therefore, this standard has been satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2008-00002-KRAST PARK LOT LINE ADJUSTMENT • • 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. Lot 3 is reduced from 9,048 to 8,769 square feet but still provides adequate width and size to meet the dimensional requirements of the R-4.5 zoning district. Lot 4 is 6,486 square feet and is less than the required 7,500. As noted previously,this is allowed through lot averaging within subdivisions. The above standard requires lots created through the partition process to front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. The lots have been previously latted through the subdivision process, which requires at least 25 feet of street frontage. Lot 3 will have 25 feet and lot 4 will have 38 feet. Both lots 3 & 4 are vacant, and setbacks will be reviewed with the building permit submittal. Dimensional standards for the R-4.5 zone are met. With regard to flag lots: • When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. • A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed lot line adjustment does not involve flag lots. Therefore,this standard does not apply. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. Both parcels have direct access to a private street (Alyne Lane). This private street was approved by Tualatin Valley Fire and Rescue during the subdivision review. No new accessways are being created with this application. This criterion is met. 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. All five lots will access from the private street (Alyne Lane). Shared maintenance for the private street is outlined in the Codes, Covenants, and Restrictions (CC&Rs) for the Krast Park Subdivision. This criterion is met. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. No new accessways are proposed with this application. Each site will access SW Alyne Lane as approved during the subdivision. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2008-00002-KRAST PARK LOT LINE ADJUSTMENT • • • Exemptions from dedications: A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required. Floodplain, greenway and right-of-way dedication is not required as part of this application. Therefore, this standard does not apply. Variances to development standards: An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. The applicant has not requested a variance or an adjustment with this application. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MARCH 3,2008 AND BECOMES EFFECTIVE ON MARCH 4, 2008. Questions: If you have any questions,please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon at (503) 639-4171. March3, 2008 APPROVED BY: Cheryl Caines DATE Associate Planner NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2008-00002-KRAST PARK LOT LINE ADJUSTMENT C / \ W CITY of TIGARD tll J. AIR 1111 GEOGRAPHIC INFORMATION SYSTEM w■ ' VICINITY MAP III 41 D IN Z d- MIS2008-00002 TIGARD ST KRAST PARK �°�CT_ 1� LOT LINE illtglir ) �J • US"TMENT C) � SW PIHAS CT PIHAS ST win e .._ ICJ-__LN Iwo ., LEGEND: A INII,�arpj 7/- - - SUBJECT 111:1)` i� 7 SITE a, , 2 A !• LO._ �• : 8� MEADOW ST �� ) 44.RSFER- i syk . '. : RG r:i —\ THE-INE � ST MT 1 q �° �� )-U y Q BONRA _ . BEEF BEND RD• DUR • HAM ) 1.. ��t pr=. Tigard Area Map 41 I r? woo N o 80 160A 240 32400 Feet 1 17! 1'=316 feet • CLY` P ' Nr. P �OGAR1�' .• (:)\I L Information on this map is for general location only and should be verified with the Development Services Division. .47) %ilt.c‘---, 13125 SW 639-4171 Hall Blvd Tigard.OR 97223 _,,r k (503)639-4171 JOHNSON S F' ��'pn httpaAvww.ci.tigard.or.us Plot date:Mar 3,2008;C:\magic\MAGIC03.APR Community Development • • NARRATIVE: RECORD OF SURVEY 1, ME PURPOSE OF THIS SURVEY IS TO ESTABUSH THE WASHINGTON COUNTY BOUNDARY LINES FOR DOCUMENT NO.2007-076681(10T 3 9NMEYOR'S ORICC 'KRAST PARK')AND DOCUMENT NO.2007-078679(LOT 4 PROPOSED PROPERTY UNE ADJUSTMENT ACCEPTED FOR FUND 'KRAST PARK' FOR A PROPOSED PROPERTY UNE ADJUSTMENT.THIS PROPERTY UNE ADJUSTMENT IS PER THE LOTS 3 AND 4, KRAST PARK' LOCATED IN CONDITIONS OF APPROVAL CONTAINED IN CASE FILE NUMBER S.W. 1/4 SECTION 35, T.1S., R.1W., W.M.. .CITY OF TIGARD PLANNING DEPARTMENT, • CITY OF TIGARD, WASHINGTON COUNTY, OREGON 1 2. BASS OF BEARINGS AND BOUNDARY DETERMINATION IS DATE: JANUARY 21, 2008 SCALE: 1'=20' - 1ROM'KRAST PARR,HOLDING THE FOUND MONUMENTS AT'A' AND'B'. SURVEY PERFORMED FOR: SM BUILDERS Tv6 A I HELD Al P. T MONUMENTS SHOWN THAT WERE SET OR \ HELD H THE PLAT OF'KRAST PARR AND RESET THE MONUMENTS DESTROYED BY CONSTRICTION AT THE SOUTHWEST AND SOUTHEAST CORNERS OF SAID LOT 4•BY HOLDING PLAT DISTANCES FROM THE FOUND MONUMENTS AT •7/ �1- n , 'A'AND'B'ON THE LINE BETWEEN SAID'A'AND'B'. "!L• CURVE TABLE �� CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD q C7 ' ��".'9® 8856.44'. 13,54 '�C9�O lie 4Q,� LOT 1 Ob.fb -'1'1T LOT 2 r. sTn� IAN,/ ,r Q P S )(938'27'02"E 80.41'(PI)) c M�i. S 88'27'02'E 80.41' a • ( 1PNJ O ng V LOT 3 N�V1.VI/i (( ', S o 1 (496(otjj�(PI))S 9529'47'E—/A SBSY9�7'E(PI)) RIVATE STREET) i \ LEGEND: G , 4.69' $83 16'47"E O SET 5/8'•30'IRON ROD W/RED PLASDC ((50521'IB'W 3.57'(39,5 o CAP MARKED'CENTERLINE CONCEPTS INC.' v R 169ti Iv (lo.00'(Plp (Pl))$0.521'46•W (Pt)) J 6.11 V S ite ^ 10.00' 9.7,�' ��.92, • FOUND MONUMENT AS NOTED V. s • FOUND AND MELD 5/13'IRON ROD NJ RED PLASTIC _\ PROPOSED �E1a5TIR CAP MARKED'CENTERLINE CONCEPTS.INC,' EL` G \_ TRACT 1 PROPERTY UNE /�, PROPERTY UNE FROM SN 29,979 G `\ \O BEFORE ADJUSTMENT 9,003 S.F. ./. 60'll A FOUND AND HELD 5/8'IRON ROD 6/RED PLASTIC o\ \, 41 AFTER ADJUSTMENT 8,769 S.F. �, 44 ND. CAP MARKED'CENTERLINE CONCEPTS.INC.lig FROM SN 30,258 P 0 ^ns ,`y 7n:5tiA - MARKED D 50'IRON ROO CCENTERUNE CONCEPTS IS INC.'NUM CAP O v n 15�ti n FROM'KRAST PARK' \' W S g •FOUND 5/8'IRON ROO W/RED PLASTIC ^ , o CAP MARKED'CENTERUNE CONCEPTS.INC FROM'KRAST PARK' L,Iir • 3 LOT 5 �J. RECORD DISTANCES&BEARINGS 5 �yA�p'' TRACT 2 '4 , () xD-1l 3 r= I. IP-IRON PIPE Z ti$ .L BEFORE ADJUSTMENT 8.188 S.F. o g Q N FD-FOUND W/-WITH �l p`4' AFTER ADJUSTMENT 6,765 SF.F. „ F�wS ROT NUMBER AY j r CONE. WASHINGTON COUNTY SURVEY RECORDS •i' $ P,S ?�' fol PGF-PUBLISHED GRID FACTOR b LOT 4 N T` E988OI,IN _02 51-SN 29,979 L W P1■'KRAST PARK' ? SF,-SOUARE FEET (28.50•(PI)) 7 3O O SFNF-SEARCHED FOR,NOT FOUND • 28.50' - (9.72yP1» 2.0�2-01'02 POINT<"A"� • 111.80' (III,80TAIR 9J2' INITI ALA • `110.J0' SIGNED ON:• POINT g N 88'24'09°W (N88'21'09'W(P7)) \ 15002• (150,07(Pl)) (_B-) ' PROFESSIONAL REGISTERED 1 BASS OF BEARINGS OW PROFESSIONAL SURVEYOR 8 In `"} FIB L APppq I.G0la1 It 1 en r 1.04" r Oat'O A A WADE 1• OHAN D[ 3� t.0 CITY •' IAF#�? Pi.�, �f►riq n1�`i VAUD THRDUG',D DECEMBER 31,2009 Oc l...Ag5V0 J' FD 1/2'IP T IF y71AT S SURVEY WAS PREPARED Z N 01'35'51'E 1.13' ,LC(��` USING AP PRODUC /S16s0A ON CONTINENTAL SN 8331 /JPGU POLYESTER FILM 3 F B`; C. etR,L 4;q. S.W. KATHERINE STREET (WO'R/W) L....... .-------......„........-1"---------- DATE 3 3 0 8. III SdFD 3-1/2'ALUMINUM lx Centerlin> Concepts Inc. y SOUTH 1/4 CORNER OF SEXTON 35 �"�"�+_s„`rT FD 3-1/2'ALUMINUM DISC USBT BOOK 9.PAGES 514-516 ENTRY NO.170 700 MOLALLA AVENUE.OREGON OTY,OREGON 97045 SW.CORNER OF SECTION 35�_ NORTHING 852286.837 503 650-0188 FAG 503 850-0189 PACES 341-343 ENTRY NO.139 �EASRNG 7818290,827 NORTHING BOOK 3, GC-022-053 CORTHING 652311507 S 8870'07'E (5 88'20'07'E 2639.2/'(50(Pl)) (0.99990522(PCF)) 2539,24' DRAWN 1311:1/SG CHECKED BY:WGDIII ACCOUNT/1302-03 CASTING 7815852749 M:\PROJECTS\SMBUILOERS-03\SORB-PLA GC-I1-373 • EXHIBIT �� Stacey Schlesinger and Bret &Linda Swopes MI S2008-00002 4216 SW 4`h St. KRAST PARK LOT LINE ADJUSTMENT Portland, OR 97225 Bret&Linda Swopes 13440 SW Howard Dr. Tigard, OR 97223 S.Miles Schlesinger 11455 SW Shrope Ct. Tigard, OR 97223 Stacey Schlesinger and Bret &Linda Swopes 11455 SW Shrope Ct. Tigard, OR 97223 r ,• IppilLOT LINE ADJUSTMENT TYPE I APPLICATIONn. City of Tigani Permit Center 13125 SW Hall Blvd, Tigarc4 Ti 0.13 23,E WED Phone 503.639.4171 Fax:503.598.1960 FEB 0 1 2008 GENERAL INFORMATION , - CITY OF 6 SGARD .e.A 2. -pea s,k plan PLANN9 '°i-AlPIRltarnlNC PAR L 7 -poci Property Address/Location(s): 10134" s iv. A/yilet-ay.- 7 a-►-c�, 0I�Oil FOR STAFF USE ONLY Tax NSp&Tax Lot#(s): 1....01-- 4 /.O ,k�PA-g. k Su►ocjiVi srori 15135-.x.- 04-14 0-0 Site Size: (04'ice ' Case No.(s): /4(.S a'en "L 61)711%01 Property Owner/Deed Holder(s)':.: (Attach list if more than one) 011=f o pes U Receipt No No.(s): i 0 Address: ,F +& SVV. 1OWaYCI St: c�-�gU 34/.8' f City/State: Ti q a i O Zip: - 9'7 22,3 Application A c ( bt By *S-2/�'I Primary Contact: ✓8rr t # LI� ci sW c pe Date: a Phone(503) /020--2 L7& Fax: PareErr Qa�el ` pe. 5;k. p14.,-, Date Determined Complete: d��/pv Rev.7/1/07 ba re vi.SI o n3 C.18, a?oZg'08 Property Address/Location(s): /0/42W S. IA/. AI,(/fr,c., Lai f is\curpin\masters\land use applications\lot line adjustment app.doc 7 4 / d, Olt Tax 1GIap&Tax Lot#(s): Lit'0 3 1 eaIt s T l34112X c5'cc,cIiVi.S,Or) 15t3-u---o 0-0 Site Size: c(U`I 5 1 Property Owner/Deed Holder(sr: (Attach list if more than one) see c ied REQUIRED SUBMITTAL ELEMENTS Address: t J to S.U✓. *112 St• (Note: applications will not be accepted City/State: 7:1Pr-rt'/a -I qi j Q/ Zip: 9'72? without the required submittal elements) Primary Contact: s-111 & h/e s:n e r Phone::3) q57-002.037 Fax: 3)243 —7 2C ❑ Application Form ❑ Owner's Signature/Written Authorization • Applicant's/Agent: / //ll�������� ❑ Title Transfer Instrument or Deed Address: I 1 455 5.V, SAYT)X COUP ❑ Preliminary Map(2 copies) City/State:T AQ. , OR Zip: '7a23 ❑ Site/Plot Plan(2 copies) Primary Contact: S.10;11 es 5 1 - 1, - , Phone: ti 0 i ,.:- •54 • Fax;(.T1,. s 8—■ • ❑ Site/Plot Plan(reduced 8/z 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 $478.00 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 of Line Adjustment permission to adjust: i i L fQ�t7/ p 1.`Ji - of LIT"�' and 10 (number) (acreage or square footage) I: into L� - L Teasels of 4-5g and (.'? ,‘ (number)* , (acreage or square footage) �7 Wi List any VARIANCE,CONDITIONAL USE,SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval • . All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,maybe 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'requireinehts for approving or denying the application. • SIGNATURES of each owner of the subject property. DATED this day of ,20 Applicant/Authorized Agent's Signature er's Signature a s.A4;le-6 SCh tee,)-,ger l' Owner's Signature �� Owner's Signature .5-1-uc.9 5h IieSin9er CITY OF TIGARD 2/4/2008 1312;SW Ilan Blvd. 10:25:46AM • Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200800000000000348 Date: 02/04/2008 Line Items: Case No "Tan Code Description Revenue Account No Amount Paid MIS2008-00002 [LANDUS] Lot Line Adjustment 100-0000-438000 416.00 MIS200S-00002 [LRPF] LR Planning Surcharge 100-0000-438050 62.00 Line Item Total: $478.00 Payments: Method Paver User II) Acct./Check No. Approval No. How Received Ainount Paid Check SM BUILDERS INC ST 4987 In Person 478.00 Payment Total: $478.00 S cReccipl.rpt Page 1 of I • • LOT LINE ADJUSTMENT APPROVAL CRITERIA - 18.410.040 A. 1. Lot number 3 is only sf less than it was on the original plat filed during the summer of 2007 which showed that Lot 3 far exceeded the 7500 sf minimum average that a lot was required in a 4.5 lot subdivision. This lot line adjustment is to remove the bend in the original plat in the lot line between lot 4 and lot 3 which was originally made to accommodate the water quality facility that was not built there but constructed in the park at the end of Katherine Street with the City of Tigard's approval. 2. The reduction of lot 3 by sf is insignificant and does not change the character of Krast Park and only serves to make it a cleaner division between lot 3 and lot 4. 3. The resulting parcels are in conformity with dimensional requirements for subdivisions within the 4.5 zone for all 5 lots. The house plan for lot 4 which is being submitted at the same time as this Lot Line Adjustment meets all of the setback requirements without needing any variances. 4. The Krast Park subdivision does not have any Flag lots. 5. The fire district is not involved because this adjustment does not affect the access to either lot 4 or lot 3. 6. This provision does not apply to Krast Park because there are no common drives. 7. Accessways will comply as they did in the original application. • • Parcel 2 Property Address: 10142 S.W. Alyne Lane, Tigard, OR Tax Map/Tax Lot#: Lot #3 KRAST Park Subdivision Additional Property Owner/Deed Holder: Bret Swopes & Linda Swopes 13340 S.W. Howard St. Tigard, OR 97223 (503) 620-2676 FORM No.961—BARGAIN AND SALE DEED—STATUTORY FORM. 'Washington C nty,Oregon 200'T„076679 ESO NO PARTY STEVENS-NESS FORM MAY BE REPRODUCED IN 07/11/2007 :46 PM 0-013S .=1 Stn=21 RECORDSI $5.00$5.00$11.00-Total=$21.00 Stace_y Schlesinger S lllUll1IUhIlIiUlllU III I I I I I i4394 SW 170th Ave Alohar OR. 97007 01139689200700786790010016 Grantor's Name and Address re 1,Richard ndbemlchc Director Assessment end i, Bret Swo es.and Linda Swopes --Taxation and Ex-Officio County Cle rk for Was hington -,1� , 13440 SW Howard Dr. at County,Oregon.do hereby certify that the within Fy°Yk y,` Instrument of writing was received and recorded In the �s.,..n Ti and OR. 97223 b(bookofrecordsofsaidcou Grantee's Name and Address SPACE RESERVED aL Richard MobernlcM,Director of Assessment and After recording,return to(Name,Address,Zip): FOR N� Taxation,Ex-omaco County Cork Bret and Linda Swopes RECORDER'S USE 13440 SW Howard Dr. Witness my hand and seal of County affixed.• Tigard, OR . 97223 Until requested otherwise,send ell tax statements to(Name,Address,Zip): NAME TITLE Bret and Linda Swopes 13440 SW Howard DR. By ,Deputy. Tigard, OR. 97223 BARGAIN AND SALE DEED—STATUTORY FORM Stacey Schlsinger • ,Grantor, conveys to Bret Swopes and Linda S. Swopes*,. Husband arid.Wife , Grantee, the following real property situated in Washington County,Oregon,to-wit: Lot 4 Krast Park, City of Tigard, Washington County, Oregon (IF SPACE INSUFFICIENT,CONTINUE DESCRIPTION ON REVERSE) The true consideration for this conveyance is$ "0—` . (Here,comply with the requirements of ORS 93.030.) DATED 14 : 2007 ;if a corporate grantor, it has caused its name to be signed and its seal,if any,affixed by an offs er or other person duly authorized to do so by order of its board of directors. BEFORE ING RESIGNING SHOR OULD ULD INQUIRE RE THIS INSTRUMENT,UTH PE THE PERSON T, IF ANY,, -_ RING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF AN UNDER ORS 197.352.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROP- ERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND Stacy Sch esinger USE LAWS AND REGULATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRU- cy' g MENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERI- FY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST ' • FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. x- . STATE OF OREGON,County of__L.QS�!Llita TT ss. This'instrument was acknowledged before me on Sl_l( ,20117 by Slaty__achlasingnr T is instrument was acknowledged before me on by $'t _L•te*Lor as of 1 fir., OFFICIAL SEAL JOHN A TAYLOR a •• Public for Or on l ," 'j' NOTARY PUBLIC-OREGON { `:''' COMMISSION NO.382098 r A` y conunission expires _ ...e_4? _?z4`$� • MY COMMISSION EXPIRES JUNE 23, 2008 1 r/ ■ FORM No.961-BARGAIN AND SALE DEED-STATUTORY FORM. 'Washington County,Oregon 2007-076681 0711112:03:48 PM ESO NO PAF NY STEVENS-NESS FORM MAY BE REPRODUCED IN At'D-CBS Cnt=1 Stna21 RECORDSI $5.00$5.00$11.00-Total=$21.00 Stacey Schlesinger STi IlII1 Cot 11II1I 1 111 W 1 0th Ave. III1I I11 4394 S 7 I1I1�11Ii III IIIIII 111111111 Aloha, OR. 97007 01139691200700766810010018 Grantor's Name end Address I,Richard Hobernicht,Director of Assessment and ••Ar, Taxation and Es-0Riclo County Clerk for Washington 111)P.,...3,74,._,. Bret Swopes and Linda S. Swopes and rest county,Oregon,do hereby certify that the within s Stacy .Schlesinger .instrument of writing was received and recorded In th(e�., ,r�. :, y at -book of records of said counifL . n /71 n't ;f' 1 4394 SW 170th Aloha, OR. 97007 �X•clp��X 9 v''. Ave,> , . boo Richard Hoberntcht,Director of Assessment and ,-.i 1 Grantee's Name and Address SPACE RESERVED and, Taxation,Ex-Officio County Clerk Alter recording,plum to(Name,Address,Zip): FOR NO. ,Records of this County. 1(\ ) 3 RECORDER'S USE e__—m55 so) Witness my hand and seal of County affixed. -7"."- a :34_6Z 4/ ra . Untl Auestautthenepek send aU tax statements to(Name,.Address,Zip): NAME TITLE if ill e-r-5 _ AC; ',�s` P I. ... By ,Deputy. - l . z >_� ' BARGAIN AND SALE DEED—STATUTORY FORM Stacey Schlesinger Grantor, conveys toBl^et Swopes and Linda S. Swopes, Husband and Wife, a 50% undivided interest and__ Sta.cy--S-chle-auger-,_a--50X--undivided_i eses . , Grantee, the following real property situated in __Washington County,Oregon,to-wit: Lot 3 Krast Park, City of Tigard, Washington County, Oregon. • (IF SPACE INSUFFICIENT,CONTINUE DESCRIPTION ON REVERSE) The true consideration for this conveyance is$ ---0"— . (Here,comply with the requirements of ORS 93.030.) DATED 12007 __;if a corporate grantor,it has caused its name.to be signed and its seal,if any,affixed by an officer or other person duly authorized to do so bAirder of its board of directors. . BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFER- 4 RING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, ko,) . UNDER ORS 197.352.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROP- ERTY çOL4/1/ � DESCRIBED IN THIS INSTRUMENT iN VIOLATION OF APPLICABLE LAND Sta Sch in er USE LAWS AND REGULATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRU- y g MENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERI- FY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER , ORS 197.352. STATE OF OREGON,County of Washington ___________ -_T_ ).ss. _ This instrument was acknowledged before me on ____ l 14_ . 2007 by Stacy Schlesing_er . by S•This instrutpegt yvas acknowledged before me on __S�iw� __1�2407 w c v.� 'u;"leire" as of __--_. • _y�+, OFFICIAL SEAL �) - () .:F JOHN A TAYLOR (1 Public for 11W_ egon I NOTARY PUBUC-OREGON ? a, OO Y ( `.�.∎- COMMISSION NO.382098 1 y commission expires __ _ _ MY COMMISSION EXPIRES JUNE 23, 20081 • • assessor.txt Assessor Information Tax Lot Number: 1S135CC04300 )0 14--( 5c.) Alc, ,-te Lvi . Property Address: 0 Mailing Information: SCHLESINGER, STACEY & 11455 SW SHROPE CT TIGARD 97223 Assessor Taxlot Size: 0.21 (Acres) Building Square Footage: 0 (Square Feet) Assessed Land value: $135600 Assessed Building value: $0 Total Assessed value: $135600 Last Sale Date: Sale Price: $0 **** ASSESSOR INFORMATION **** Multiple Taxlots Tax Lot Number: 151350004400 /pi 3-4 L-1• Property Address: 0 Mailing Information: SWOPES, BRET & LINDA S 13440 SW HOWARD DR TIGARD 97223 Assessor Taxlot Size: 0.15 (Acres) Building Square Footage: 0 (Square Feet) Assessed Land Value: $135600 Assessed Building value: $0 Total Assessed value: $135600 Last Sale Date: sale Price: $0 Page 1 • ` . Centerline Concepts, Inc_ ; TRACT 1'' January 22, 2008 - SM Builders = Part of Lot 3, "Krast Park", in the SW'1/4 of Section 35, T.1 S.,,R.1 W., W.M., City of Tigard,Washington County, Oregon, being more particularly,describedas,follows: - BEGINNING.-at the angle point in the line between said Lot 3 and Lot 4, "Krast Park"; thence N42°09'59"E a distance of 51:35 feet to the south line of SW Alyne-Lane (being 10.00 feet southerly of centerline); thence N83°49'47"W on.the south right of `way. line of said SW Alyne:Lane (private street); `a distance of 9.75 ,feet to the'' southwest Corner'of said private street; thence N05°21'49"E on the west right of way line of said private:street, a distance of 10.00 feet to the most easterly northeast"corner of said Lot 3; thence N85°29'47"W on the north line of said Lot 3, a distance of 4.96 feet to an angle point in-said north line; thence N21°26'00"W continuing on said north line a distance of 24.23 feet.to an angle point in said north line,_thence.N88°27'02"W . . continuing on said north line a distance of.80.41 feet to the northwest,corner of said Lot 3; thence S01°35'48"W on the west line of said Lot 3, a distance of 121.30.feet to, the southwest .corner thereof; thence S88°24'09"E on the south line of said Lot 4, a. . distance•of 28.50 feet to the southwest corner of said Lot 4; thence N42°09'59"E on the west line of said Lot 4, a distance of 64.58 feet to the POINT OF BEGINNING. Said tract of land contains 8,769 square feet more of less.; Subject to easements of record-. - - .- REGISTERED PROFESSIONAL LARD S =VEYOR JULY 16,1.587 - - WADE G. DO -GOVAN!I1- - `J M:\PROJECTS\SMBUILDERS-03\DOCUMENTS\Iegals.doc . - - 700 Molalla Avenue Oregon City,Oregon 97045 503650-0188 fax 503 650-0189 • • • Centerline Concepts, Inc. TRACT 2 January 22, 2008 SM Builders • Lot 4 and part of Lot 3, "Krast Park", in the SW 1/4 of Section 35, T.i S., R.1 W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: • BEGINNING at the angle point in the line between said Lots 3 and 4; thence N42°09'59"E a distance of 51.35 feet to the south line of SW Alyne Lane (being 10.00 feet southerly of centerline); thence S83°49'47"E in said SW Alyne Lane (private street), a distance of 29.82 feet to the start of a 170.00 foot radius curve concave northerly; thence on said curve through a central angle of 04°33'55" (which chord bears S86°06'44"E a distance of 13.54 feet), an arc distance of 13.55 feet to the northeast corner of said Lot 4; thence S06°11 '50"W on the east line of said Lot 4, a distance of 85.42 feet to the southeast corner thereof; thence N88°24'09"W on the south line of said Lot 4, a distance of 111.80 feet to the southwest corner thereof; thence N42°09'59"E on the west line of said Lot 4, a distance of 64.58 feet to the POINT OF BEGINNING. Said tract of land contains 6,765 square feet more of less. REGISTERED PROFESSIONAL Subject to easements of record. LAND S -VEYOR OREGON JULY 16, 1987 WADE G. DONOVAN III 2276 J M:\PROJECTS\SMBUILDERS-03\DOCUMENTSUegals.doc 700 Molalla Avenue Oregon City,Oregon 97045 503 650-0188 fax 503 650-0189 • Centerline Concepts, Inc. AREA FROM LOT 3 TO TRACT 2 January 22, 2008 SM Builders Part of Lot 3, "Krast Park", in the SW 1/4 of Section 35, T.1 S., R.1 W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: BEGINNING at the angle point in the line between said Lots 3 and 4, "Krast Park"; thence N42°09'59"E -a distance of 51.35 feet to the south line of SW Alyne Lane(private street), (being 10.00 feet southerly of centerline); thence S83°49'47"E on said south line, a distance of 13.41 feet to the northwest corner of said Lot 4; thence S52°32'47"W on the west line of said Lot 4, a distance of.60.21 feet to the POINT OF BEGINNING. Said tract of land contains 279 square feet more of less. Subject to easements of record. REGISTERED PROFESSIONAL LAND - RVEYOR OREGON JULY 18,1987 • WADE G. DONOVAN III . 2276 1 M:\PROJECTS\SMBU ILDERS-03\DOCUMENTS\Iegals.doc 700 Molalla Avenue Oregon City,Oregon 97045 503 650-0188 fax 503 650-0189 lvi is 2OOOO Z MAP NARRATIVE: RECORD OF SURVEY 1. THE PURPOSE OF THIS SURVEY IS TO ESTABLISH THE BOUNDARY LINES FOR DOCUMENT N0. 2007-076681 (LOT 3 WASHINGTON COUNTY, ,,„ ,,,,,,,:i j,,,,,,, "KRAST PARK") AND DOCUMENT NO. 2007-076679 (LOT 4 PROPOSED PROPERTY LINE ADJUSTMENT SURVEYOR'S OFFICE KRAST PARK ) FORA PROPOSED PROPERTY LINE "ADJUSTMENT, THIS PROPERTY LINE ADJUSTMENT IS PER THE LOTS 3 AND 4, "KRAST PARK" LOCATED IN THE ACCEPTED FOR FiuNc CONDITIONS OF APPROVAL CONTAINED IN CASE FILE NUMBER ___��__� CITY OF TIGARD PLANNING DEPARTMENT. S.W. 1/4 SECTION 35, T.1 S., R.1 W., W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON 2. BASIS OF BEARINGS AND BOUNDARY DETERMINATION IS „ ,� DATE: JANUARY 21, 2008 SCALE: 1"=20' , FROM "KRAST PARK", HOLDING THE FOUND MONUMENTS AT A AND "B". SURVEY PERFORMED FOR SM BUILDERS �� sN ,. 3. I HELD ALL THE MONUMENTS SHOWN THAT WERE SET OR HELD IN THE PLAT OF "KRAST PARK" AND RESET THE A-�` ~, MONUMENTS DESTROYED BY CONSTRUCTION AT THE SOUTHWEST AND SOUTHEAST CORNERS OF SAID LOT 4, BY 01 , f„. `_ ' _ , HOLDING PLAT DISTANCES FROM THE FOUND MONUMENTS AT "A” AND "B" ON THE LINE BETWEEN SAID "A" AND "B". 4 �w`0 c*? q CURVE TABLE �. �►C�j/� CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD �'p �^ "Ii Cl 13.55' 170.00' 4'33'55" S 86'06'44" E 13.54' G4�t)",,, 9/jj Q � � S,oF�o LOT 1 Oq. � 0q'Q LOT 2 '' 'Lp �� P ' sj` 4/ Q 'A %ti, F ti -\ S F), P'' IX' c4. S (S8827'02"E 80.41'(P1)) , 8827'02" E 80.41' N �� �p fl! N 1 0 � tJ cp.a °o N� tN \. 0 N N LOT 3 \-3 .7i• O �O •\ ✓ S.W. ALYNE LANE CD I &.96'(PID 85'29'47"E (P1)) S 85 9'47" E—.� (S83'49 47 PRIVATE STREET)G — LEGEND: . 83'49'47 E (L=13E.5. ( 1)) X89 0 00FO5'21'49"W (P1)) S 052 4.96 39.57' (39.57 P - , o 0 SET hRKED "CENTERUNE)) '4'9 w 15 1)) �L-�3'55 CONCEPTS INC." \� 0Q PG 10.00 16.41' , '` ii W0 Z 24.57'-`' Cl • FOUND MONUMENT AS NOTED G \� r°? PROPOSED Z--------EXISTING ■ FOUND AND HELD 5/8" IRON ROD W/ RED PLASTIC G \ 0 N TRACT 7 PROPERTY LINE- z,: PROPERTY' Lik CAP MARKED "CENTERLINE CONCEPTS, INC." C` \ ■ BEFORE ADJUSTMENT 9,048 S.F. ti 7 6�,`Q'�11 FROM SN 29,979 \ w AFTER ADJUSTMENT 8,878 S.F. ,/�. 601, A FOUND AND HELD 5/8" IRON ROD W/ RED PLASTIC Q ,� 1 �'rJ ,�,�•� N CAP MARKED "CENTERLINE CONCEPTS, INC." Q M .�� �1 .a. FROM SN 30,258 6 _ h •'��' FOUND 5/8" IRON R00 W 2" ALUMINUM CAP 0 M �jG' �� a MARKED "CENTERLINE CONCEPTS INC." W Go `�' FROM "KRAST PARK" I 2 03 • FOUND 5/8" IRON ROD W/ RED PLASTIC ,�1 CAP MARKED "CENTERLINE CONCEPTS, INC." In M h1 ,L 3 FROM "KRAST PARK" b LOT 5 o t) TRACT 2 3 ( ) = RECORD DISTANCES & BEARINGS Z BEFORE ADJUSTMENT 6,486 S.F. o P IP = IRON PIPE -1 AFTER ADJUSTMENT 6,656 S.F. Q ED = FOUND W/ = WITH • Q R/W = RIGHT OF WAY 'h� •'' CO S CON SN = SURVEY ASHINGTON COUNTY SURVEY RECORDS c�.c ,mac 0 P CON PGF = PUBLISHED GRID FACTOR o� \f 1988 O 2008 S1 = SN 29,979 " + �� LOT 4 `� YEARS ,! P1 = KRAST PARK ' I (28.50(P1)) S.F. = SQUARE FEET .13 '0` SFNF = SEARCHED FOR, NOT FOUND ("A"2) 28.50' 111.80' (111.80'(P1)) (9.72'031)) • '{ )) 9.72 INITIAL _ 140.30' SIGNED ON: Z•-Z(p-QA POINT N 88'24'09" w (N88'24'09'W (P1)) 150.02' (150.02'(P1)) ';____ , o BASIS OF BEARINGS SFNF (�-B---) REGISTERED 0 PROFESSIONAL GRAPHIC SCALE LAND SURVEYOR 20 0 20 40 t\� 1. 1. ' -11 lit lit. II W'''' r ‘4'\ 1\ ORE • � cJ� 1�6 JULY DONOVAN � ( IN FEET ) M 0- p6' ,�o WADE G. 1 INCH = 20 FEET 6 \- • 2276 z ∎- 6�No VALID THROUGH DECEMBER 31, 2009 FD 1/2" IP ‘\•\ 0C,\� N t` N01'35'S1" E1.13' 0 p6 I CERTIFY THAT THIS SURVEY WAS PREPARED 9 �\ P- SN 8331 1� USING HP PRODUCT C4M2 POLYESTER NFILMNTINENTAL . ./. /A)0 S.W. KATHERINE STREET (40' R/W) 40'`� �' FD 3-1/2" ALUMINUM DISC Centerline Concepts Inc. FD 3-1/2" A DISC SOUTH 1/4 CORNER OF SECTION 35 SECTION 35 USBT BOOK 9, PAGES 514-516 ENTRY NO. 170 S.W. CORNER ALUMINUM OF '---y NORTHING 652266.837 700 MOLALLA AVENUE, OREGON CITY, OREGON 97045 USBT BOOK 3, PAGES 341-343 ENTRY NO. 139 NORTHING 652343.507 S 88'20'07" E S 88'20' :FASTING 7618290.627 650-0188 FAX 503 650-0189 ( 07 E 2639.24 S1 ( )) GC-022-053 FASTING 7615652.749 { )(P1)) (0.99990522 PGF 2639.24 DRAWN BY:MSG CHECKED BY:WGDIII ACCOUNT #1302-03 GC-14-373 M:\PROJECTS\SMBUILDERS-03\SMB-PLA )1S6OO 0 6 A-