84-010510 hYr
0 4010510
TIGARD WATER DISTRICT
8841 S. W. Commercial Street
Tigard, Oregon 97223
AGREEMENT OF TEMPORARY WATER CONNECT ION
We, the undersigned, Jack E. YOUNG and Meredith C.
YOUNG, husband and wife, deeded owners of the described
property herein, do hereby agree and consent that the
meter(s) to be installed to serve our property located
at 16880 S. W. Bull Mountain Road, Tigard, Oregon (Tax
Lots 1300 and 1301), are temporary connections only and
are for our immediate convenience.
It is further agreed that if and when a water main
extension is installed along any thoroughfare, public or
private, paralleling either the frontage or side of the
property described below, that we, the undersigned, will
pay our fair share of the cost of the pipeline extension
and the expense of meter relocation, if necessary (w /meter)".
This is a covenant running with the land.
Legal Description
Beginning at a point 485 feet west and 1,330
feet, more /less, south of the northeast corner of
Section 7, T2S, R1W, W. M., Washington County,
Oregon, which point is also located in the center-
line of S. W. Bull Mountain Road; thence south
900 feet to a point; thence west 820 feet, more
or less, to the centerline of S. W. Bend Road;
thence north along said centerline of S. W. Bend
Road 900 feet to the centerline of said S. W. Bull
Mountain Road; thence east along said centerline
of Bull Mountain Road 820 feet, more or less, to
the point of beginning.
Date: 2 P • , � ■
// 2441 (
f K E. YOU
«tea
MEREDITH C. YOUNG
Page 1 of 2 Pages
(::>?‘•
•
•
AGREEMENT OF TEMPORARY CONNECTION (Continued)
STATE OF OREGON )
ss
COUNTY OF WASHINGTON )
Be it remembered that on this " day of January,
1984, before me, .the undersigned, a Notary Public in and
foresaid County and State, personally appeared the within
named Jack E. Young and Meredith C. Young, known to me to
be the identical individuals described in and who executed
the within instrument and acknowledged to me that they
executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
,.,1; , t a e. ' r. .ffixed my official seal the day last above written.
. gri
� ' Notary P lic 7 % r Oregon
My comm expires : . ,f/ -) g',5
STATE OF OREGON
County of Washington SS
W;:
I, Donald r Assessment
and Taxation : andCEx - Officio Re cogder of Con-
veyances fo"r said county; do hereby certify that
the within instrurtie NCif {writing was ;received
and recorded- in, bookofrecords °of said'county.
Donald VNa.fvtaso Director of
C7 60
, Assessrrie .it and tt ation, Ex-
`% Officio t of %D'e u C
't'a l 4, ",rr. L
C ... I,.r
198411 R 2 I ru 9: 39
• Page 2 of 2 Pages
,.L.
E / " , y(p0
SeA ,
SEE MAP
6 5 2S 1 5 (
'91 i
2
,
i w - _ 'rv��'v��� S �r (CR. 821) �� ROSHA K ROAD
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PLAI
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1 ° m n
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BEGIN :R. 282V n / cri
/270 910 270 515 255
-- W r. S g BULL MOUNTAIN CR 7182 RD S.W. 7" "�""� BULLwls � (, -4 ;6; ? °
' 550 I I 242.5 _ 2302 30 2 650 i 2304 � ' 2300 I 2400
1301 1300 1302 1 303 . 9 04C `2301 % O. /4AC. 2.9 /AC. r //c /AC. II /8 . /4AC.
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, ,' (SEE C .S.10636)
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•
•
• TIGARD WATER DISTRICT. . 8841 S. W. COMMERCIAL ST.
TIGARD. OREGON 97223-6290
• PHONE (503) 639 -1554
December 24, 1987
•
Brent Curtis •
Department of Land Use and Transportation
Land Development Services Division
150 North First Avenue
Hillsboro, Oregon •97124
• Re: Issuance of Building Permit, Parcel "B ", •
Tax Lot 1301, Map 2S 1 7; Case of Jack Young •
Dear Mr. Curtis:
Evidently, a building permit from Washington County has been
issued to Mr. Jack Young to build a single family dwelling on the
subject lot in accordance with conditions imposed in Minor Land
Partition, Case File. No. 87- 81 -MP, Washington County. The land has
been cleared and a foundation is being 'laid. A building permit
sign is posted but without a number.
In a letter dated March 4, 1987, to your office (copy enclosed)
. • I expressed by reservations about the assumed, availability of water
. from Tigard Water District to the subject site.
In the Notice of Decision, dated March 1987, the applicant
was required to demonstrate, prior to issuance of a building permit,
that the parcel.of land is served water from (one of the following):
. a. Tigard Water District
b. The existing well on Parcel "A" •
• Q,* A new well which complies with State Order creating the
Cooper Mountain /Bull Mountain_ Critical Ground Water Area
It is noted that the applicant has already installed a service •
line to the existing TWD's 8 -inch main and, obviously, intends to
connect to this main with a temporary meter, contrary to the dis-
trict's position as stated in my letter of March 4th, a copy of which
he received. Further, the district is not authorized to serve the
property without the express approval of the boundary commission.
Please advise of how the applicant demonstrated that water was
•available on his application for a building permit and your acceptance
thereof. .
'Sing- ely yours,
• 4 ,5 v *-44.
Encl. •o•ert E. an
Administrator
P
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD. OREGON 97223-6290
PHONE (503) 639-1554
March 4, 1987
Jim Tice
Department of Land Use and Transportation
Land Development Services Division
150 North First Avenue
Hillsboro, Oregon 97124
Re: Your Case File #87- 81 -MP; Minor land partition of Tax
Lot 1301, Map 2S 1 7, Washington County, Oregon
Dear Jim:
By coincidence I happened to find out that Mr. Jack Young,
16880 SW Bull Mountain Road, has applied to your office to sub -
divide the subject-named property. The information was posted
on a telephone pole.
I think in matters such as this where water service is a
key element in whether a parcel of land will be approved for
subdivision it is the responsibility of your office to contact
this office directly for official information on water availa-
bility versus relying upon the applicant's word. Information
pertaining to water availability to serve this property is
grossly in error.
As you are aware, the property is located outside the Urban
Growth Boundary and is not within the boundaries of Tigard Water
District. The water district cannot nor is it obligated to serve
the property unless specifically authorized by the boundary com-
mission. '
In 1980, an application was submitted to the boundary commis-
sion to annex that area to Tigard Water District. It was denied.
Later in 1980, Mr. Jack Young requested permission from the
boundary commission to serve one house (to be constructed) on Tax
Lot 1302 via an extraterritorial extension of a 1 -inch service
line (See attached BC Proposal No W -252). Permission was
granted to serve this one house. Subsequently, Mr. and Mrs. Neil
Longfellow purchased both Tax Lots 1302 and 1303 and constructed
their home on Tax Lot 1302 utilizing the one service line authorized.
•
Jim Tice.
Re: Your Case File #87 -81 -MP
Page 2
In 1984, Mr. Jack Young, again, requested from the boundary
cOMmission.permission to serve an existing home (Jack Young's
home) on'Tax:Lot 1301 and one house to be constructed on Tax Lot
1300 via an extraterritorial extension of two 1 -inch service
lines to those properties. (See attached BC Proposal No..W -314).
. Permission was granted as submitted.
About a Month ago, an individual (I believe his name was
Patrick) inquired about water service to Tax Lot 1300. I advised •
•him that the water district was authorized to serve one new
house on that tax lot.
Thus, all three. approved water connections are accounted for
with no additional connections authorized. The statements made
in the'application for water service.to•the proposed subdivided
property are incorrect and water is not available.
There are several major obstacles to resolve prior to water
being available for any subdividing of the property, listed as
follows:
a. As noted above and the attached boundary commission
orders, only three. individual connections have been approved.
Any additional connections will have to be approved by that .
agency.
b. The water district will not continue to allow the.prolif-
eration of additional service lines to be installed in this manner
and will require that an 8 -inch main be extended to Beef Bend Road
at an estimated cost of $31,000, to be borne by the benefited
property owners. This, too, must be approved by the boundary
• commission. In this regard, the district has on file recorded
agreements from both Longfellow's and Young's to the effect that
they will pay their pro -rata share of this pipeline extension,
.when installed.
It is important to set the record straight before a real
crisis develops with the construction of new houses without water
• availability.
Please advise if I can be of further assistance.
Sincerely yours,
cc: Jack Young -Robert E. Santee
Neil Longfellow Administrator
Portland Boundary
Commission
F/44
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD, OREGON 97223-6290
PHONE (503) 639 -1554
December 28, 1987
Mr. and Mrs. Brian Patrick
16780 SW Bull Mountain Road
Tigard, Oregon 97224
Mr. and Mrs. Lary Evans C27- 7FLJ
16880 SW Bull Mountain Road
Tigard, Oregon 97224
(Mailing: 15450 SW Koll Parkway
Beaverton, Oregon 97006)
Re: Requirement to construct water main
Dear Ladies and Gentlemen:
This letter is to ensure that you are aware that when you
purchased your property from Mr. Jack Young you, also, incurred
an outstanding liability for your pro -rata share of a water main
extension in front of your property along SW Bull Mountain Road.
This fact should have been noted and included with the title in-
surance upon purchase of the property, or at least Mr. Jack Young
should have mentioned this liability to you.
Your homes are connected to the public water system on a
temporary basis as approved by both the Portland Boundary Commis-
sion and Tigard Water District. To acquire these temporary con-
nections, Mr. and Mrs. Jack Young executed an agreement ( #84010510
Washington County Records) to pay their fair share of a water main
extension at a future date (determined by the water district) across
property now owhed by you (See attached agreement dated January 26,
1984). Conditions of this agreement provide that it is " a covenant
running with the land" which obligates future property owners.
There are now three approved temporary connections on the
existing 8 -inch main which terminates at the easterly line of the
Longfellow's property. These three consist of both of you and the
Longfellow's. As stated in the attached correspondence the district
has reached its limits of temporary connections in this area and
will not continue serving new properties in this manner. A water
main must be extended to the far end of your property which is
applicable to those both inside and outside the water district.
Mr. and Mrs. Brian Patrick
Mr. and Mrs. Lary Evans
Page 2
Mr. Jack Young was made aware of the water district's require-
ment upon application for a minor land partition to Washington
County as he was provided a copy of my letter dated March 4, 1987.
(copy enclosed). In spite of the district's reservations, the
county authorized his property to be subdivided and, subsequently,
apparently issued a building permit on the subdivided parcel of
land. (See my letter dated December 24, 1987).
Mr. Jack Young has already installed a service line between
the existing water main and the house to be constructed. He has
not, as yet, requested water from Tigard Water District. However,
as indicated above, if he requests water from the water district,
construction of a new water main will be required, in which each
of you must participate. Estimated cost: $31,000 (total).
I should advise you, further, that he will not be allowed to
connect to either of your service lines. Such connections are
illegal and will result in termination of water service to anyone
who allows it.
It is unfortunate that I. have to bring this matter to your
attention, but I want everyone fully informed prior to the new
house being built and water service requested.
Please advise if I can provide additional information.
Sincerely yours,
TIGARD WATER DISTRICT
Robert E. Santee
Administrator
Encl.
•
84010510
TIGARD WATER DISTRICT
8841 S. W. Commercial Street
Tigard, Oregon 97223
AGREEMENT OF TEMPORARY WATER CONNECTION
We, the undersigned, Jack E. YOUNG and Meredith C.
YOUNG, husband and wife, deeded owners of the described
property herein, do hereby agree and consent that the •
,meter(s) to be installed to__serve our property located
at 16880 S. W. Bull Mountain Road, Tigard, Oregon (Tax
Lots 1300 and 1301), are temporary connections only and
are for our immediate convenience.
It is further agreed that if and when a water main
extension is installed along any thoroughfare, public or
• private, paralleling either the frontage or side of the
property described below, that we, the undersigned, will
pay our fair share of the cost of the pipeline extension
and the expense of meter relocation, if necessary (w /meter).
• This is a covenant running with the land.
Legal Description.
Beginning at a point .485 feet•west and 1,330
feet, more /less, south of the northeast corner of
Section 7, T2S, R1W, W. M., Washington County,
Oregon, which point is also located in the center-
line of S. W. Bull Mountain Road; thence south
900 feet to a point; thence west 820 feet, more
-or less, to 'the centerline of S. W. Bend Road; •
thence north.along said centerline of S. W. Bend
Road 900 feet to the centerline of said S. W. Bull
Mountain Road; thence Oast along said centerline
of Bull Mountain Road 820 feet, more or less, to
the point of beginning.
a
Date: .//2Z/e1 .
4 00prK E . You►
/
1 . eLl.CLCZ. CY
MEREDITH C. YOUNG
•
Page 1 of 2 Pages
AGREEMENT OF TEMPORARY CONNECTION (Continued)
STATE OF OREGON
) ss
COUNTY OF WASHINGTON )
, ?1
Be it remembered that on this -- day of January,
1984, before me, the undersigned, a Notary Public in and
foresaid County and State, personally appeared the within
named Jack E. Young and Meredith C. Young, known to me to
be the identical individuals described in and who executed
the within instrument and acknowledged to me that they
executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
.•. -,,affixed my official seal the day last above written.•
`te 4-
Notary P,tiblic for Oregon •
I My commission 'expires:
r C'
STATE OF OREGON .
County of Washington SS
• I, Donald W. Mason, Director of Assessment
and Taxation and Ex- Officio Recorder of Con -
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
• • Donald W. Mason, Director of
U U Assessment and Taxation, Ex-
./ Officio Chief Deputy Clerk
1984 1 118 2I Qty 9: 39
•
•
Page 2 of 2 Pages
•
•
•
•
•
S In, leo
._ SEE MAP
6 I 5 2S 5 c,
s
i
,
_ l•!�.�r -rvv _ S ® ( CR. 021) ROSH I ROAD ` S�
660 - -, �" \ w
• . 660 W
285 100 w
10 4Ac- M 5..19 At. 6.04 At 7 Q SY,, RHUS L.
• . t a
265 , - PLACE
4 N
• NQ 810 iO
104 102 105 N a
rn 5.22 Ac. 164 At. 5.64 Ac. 106 101 COLO
of Ac. 1 OJ At. Q� ti�X9
( SI8BBfl SW .
19 °14'W 34 .
CBE ° i m°, 0 �
v o O1 a oS S'W coLG••.r DR ,
co o ° ;..c
•
/BEGIN :R, 28 2
270 810 270 S 255
N
— ''. SW $ BULL MOUNTAIN CR 2162 RD 0 y ... ` '' BULL ydm !∎ - R :6: ; M
1.30 130 353' 247 50
' sso . 24 ? ' s 2302 2303 65c 1 2304 ' 2300 2400
M 130'1 1300 1302 _1303 .904c 'x2301 , /O./4 AC. 29/ AC /'/ Ac I 1 /s' /4 ac.
9.37 Ac. 6.91 At, 4. Bt Ac. 4.84 AC- 1 5' 87AC.
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14 ,Cs
° 2 / a- 125 rr
• ° 230 :'
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Z
IAA_ S F 320
I
CO (lJ 48} • i 23-80
N
1200 k
• i t...
G ?� /2.53 r _
I II
''��' (SEE C.S.10636)
1/4 CDR. 26a
1000 1 319.15
I
_ -.- 33(1.
.
. __33.0:.__ 7 14 0 0 _ --
120 C'S
• 1400' . • . •" • ' 1/4 SEC COR N69 ° 5T09'E `19 `="'L 2800
//s,/.3Aa, _ 2900
• . /9 0 AC. ' 8 290181 40 .: • _ r! /C.c?AC.rJ •
• . , — 218' . I
( 11.11∎,.
I 3000 1
• /00C AC W I
- ,,'m oi
, � ,0
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•
I
•
•
TILE
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARO. OREGON 97223-6290
'PHONE (5031 639-1554
•
March 4, 1987
Jim Tice
Department of Land Use and Transportation
Land. Development Services Division
150 North First Avenue
Hillsboro, Oregon 97124
Re: Your Case File #87- 81 -MP; Minor land partition of Tax
Lot 1301, Map 2S 1 7, Washington County, Oregon
Dear Jim:
By coincidence I happened to find out that Mr. Jack Young,
16880 SW Bull Mountain Road, has applied to your office to sub-
divide the subject -named property. The information was posted
on a telephone pole. •
I think in matters such as this where water service is a
key element in whether a parcel'of land will be approved for
subdivision it is the responsibility of your office to contact
this office directly for official information on water availa-
bility versus relying upon the applicant's word. Information
pertaining to water availability to serve this property is
grossly in error.
As you are aware, the property is located outside the Urban
Growth'Boundary and is not within the boundaries .of Tigard Water
District. The water district cannot nor is it obligated to serve
the unless specifically authorized by the boundary com-
mi
In 1980, an application was submitted to the boundary commis-
sion to'annex that area to Tigard Water District. It was denied.
Later in 1980, Mr. Jack Young requested permission from the
boundary commission to serve one house (to be constructed) on Tax
Lot 1302 via an extraterritorial extension of a 1 -inch service
line. (See attached BC Proposal No. W -252). Permission was
granted to serve this.oiie house. • Subsequently, Mr. and Mrs. Neil
•
Longfellow purchased both Tax Lots 1302 and 1303 and constructed
their home on Tax Lot 1302 utilizing the one service line authorized.
•
•
•
•
Jim Tice
Re: Your Case File #87 -81 -MP
Page 2
In 1984, Mr. Jack Young, again, requested from the boundary
commission permission to serve an existing home (Jack Young's
home) on Tax Lot 1301 and one house to be constructed on Tax Lot
1300 via an extraterritorial extension of two 1 -inch service
lines to those properties. (See attached BC Proposal No. W -314).
Permission was granted as submitted.
About a month ago, an individual (I believe his name was
Patrick) inquired about water service to Tax Lot 1300. I advised
him that the water district was authorized to serve one new
house on that tax lot.
Thus, all three approved water connections are accounted for
with no additional connections authorized. The statements made
in the application for water service to the proposed subdivided
property are incorrect and water is not available.
There are several major obstacles to resolve prior to water
being available for any subdividing of the property, listed as
follows:
a. As noted above and the attached boundary commission
orders, only three individual connections have been approved.
Any additional connections will have to be approved by that
agency.
b. The water district will not continue to allow the prolif-
eration of additional service lines to be installed in this manner
and will require that an 8 -inch main be extended to Beef Bend Road
at an estimated cost of $31,000, to be borne by the benefited
property owners. This, too, must be approved by the boundary
commission. In this regard, the district has on file recorded
agreements from both Longfellow's and Young's to . the effect that
they will pay their pro -rata share of this pipeline extension,
when installed.
It is important to set the record straight before a real
crisis develops with the construction of new houses without water
availability.
Please advise if I can be of further assistance.
Sincerely yours,
cc: Jack Young Robert E. Santee
Neil Longfellow Administrator
Portland Boundary
Commission
N.fte,
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TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD. OREGON 97223-6290
PHONE (503) 639 -1554
December 24, 1987
•
Brent Curtis
Department of Land Use and Transportation
Land Development Services Division
150 North First Avenue
Hillsboro, Oregon 97124
Re: Issuance of Building Permit, Parcel "B ",
Tax Lot 1301, Map 2S 1 7; Case of Jack Young
Dear Mr. Curtis:
Evidently, a building permit from Washington County has been
issued to Mr. Jack Young to build a single family dwelling on the
subject lot in accordance with conditions imposed in Minor Land
Partition, Case File No. 87- 81 -MP, Washington County. The land has
been cleared and a foundation is being laid.. A building permit
sign is posted but without a number.
In a letter dated March 4, 1987, to your office (copy enclosed)
I expressed by reservations about the assumed availability of water
• from Tigard Water District to the subject site.
In the Notice of Decision; dated March 25, 1987, the applicant
was required to demonstrate, prior to issuance of a building permit,
that the parcel of land is served water from (one of the following):
a. Tigard Water District
b.. The existing well on Parcel "4"
c. A new well which complies with State Order .creating the
Cooper Mountain /Bull Mountain Critical Ground Water Area
It is noted that the applicant has already installed a service
. line to the existing TWD's 8 -inch main and, obviously, intends to
connect to this main with a temporary meter, contrary to the dis-
trict's position as stated in my letter of March 4th, a copy of which
he received. Further, the district is not authorized to serve the
property without the express approval. of the boundary. commission.
• Please advise ,of how the applicant demonstrated that water was
available on his application for' a building permit and your acceptance
thereof.
• Sinc- ely yours,
.
Encl. 'o.ert E. - antee. •
Administrator
•
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD, OREGON 97223-6290
PHONE (503) 639 -1554
December 30, 1987
MEMORANDUM
From: Administrator
To: TWD File
Subj: Temporary Connection; Case of Lary Evans
Mr. Evans called this date in response to my letter of
December 28, 1987. He advised that this was the first he had
heard about being on a temporary meter and such fact was not
noted on the title insurance policy. Nor did Mr. Jack Young
advise him of the fact that he had incurred such a liability.
Mr. Evans stated that he would confront the title insur-
ance company and Jack Young about this issue.
He noted, further, that he had signed a document authoriz-
ing Jack Young to utilize the well on his property to serve the
new house.
A 114/44—
Robert E. Santee
January 7, 1988
Mr. Rod Adams, attorney for Lary Evans, called this date
to inquire about this matter. I gave him a complete history of
the case. He advised that Jack Young "thinks" he has a contract
to utilize the well on his client's property but that he, Rod
Adams, does not interpret the contract that way.
.;,'3..
. , .
1 1-1 -..'
, .F f TIGARD WATER DISTRICT
4 8777 S.W. BURNHAM ST.
P.O. BOX 230000
TIGARD, OREGON 97223 -9917
PHONE (503) 639 -1554
July 10, 1989
Jack E. Young
10620 SW'Reusser Road
Aloha, Oregon 97007
Re: Water Service to Tax Lot 1300, Map 2S 1 7
Dear Mr. Young: -_,
Receipt is acknowledged of your letter of June 30, 1989 in which you request . .
that the subject parcel of land be served by Tigard Water District. (Our latest
county map indicates that this parcel of land has 6.91 acres, not 3 acres, unless
you have recently subdivided the property).
As you are well aware, the subject parcel is outside both the Urban Growth
Boundary and boundaries of Tigard Water District. The water district has no
legal responsibility to serve the property.
I believe past correspondence and documents describe the situation accurately
and delineates the position of the water district. (See attached letter dated
March 4, 1987 to Jim Tice, Washington County, of which you were provided a copy).
Your specific case was brought before the Board of Commissioners on January 12,
1988 at which time they unanimously agreed, by resolution, to require the extension .
of an 8 -inch main to the terminus of SW Bull Mountain Road, at Beef Bend Road, prior
to serving additional homes in this vicinity outside the boundaries of the water -
district.
An adjacent property owner, Neil Longfellow, has requested. to subdivide his
property and desires additional water service. Property owners on the west side
of Beef Bend Road also desire water service. There is no end to the number of
.requests for water service in this area and the district will'not.continue to
allow water service via a "spaghetti" system of 1 -inch service lines with no fire .
• protection.
In summary, the water district's position has not changed. If you desire that
the water district serve your property, your course of action is to,make application .
to the boundary'commission for approval of an extraterritorial extension of an
inch water main to serve the subject property.
Sincerely yours, . •
TIGARD W TER DISTRICT
John P. Miller .
Administrator
cc: Boundary Commission •
. Neil Longfellow
r.
June 30, 1989
Mr. John Miller
Administrator
Tigard Water District
Tigard, Oregon 97223
Dear Mr. Miller:
We are the owners of three acres on the west end of
Bull Mt. Road near Beef Bend Road (legal: 2817-01300). The
property lies immediately west of the metro boundary line.
Properties on either side of us plus one more to the
east are presently served by extra - territorial water meters
from the Tigard District. We presently do not have water and
no means of obtaining water because of the Bull Mt- Cooper Mt
critical water restrictions against drilling wells on less
than ten acres. We would like to be served by the Tigard
Water District and do now ask you and your board to please
act favorably on our request.
The parcel is zoned AF -5 and can legally only be used
for a single family residence.
Preliminary conversation with Kevin Martin at
Washington County and Marcia Gwynne at the Metro Boundary •
Commission appear favorable for their approval, providing, of
course, Tigard Water District approves. In late May, Kevin •
Martin said he did not feel he would oppose a single 1'•- or 2
inch extension and meter to serve a single family residence.
He was, however, opposed to a main water line extension.
• Marcia Gwynne recently said she felt if both Tigard Water and
Washington County approved, she felt the Boundary Commission
would probably approve also.
My wife joins me in asking for your approval for water
*extension and . a meter to serve our property. Thank you.
Ja k E. ■
• 1620 -usser Road
Aloha_ ■ egon 97007
Tel: -'2 -7779
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TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD, OREGON 97223 -6290
PHONE (503) 639-1554
March 4, 1987
Jim Tice
Department of Land Use and Transportation
Land Development Services Division
150 North First Avenue
Hillsboro, Oregon 97124
Re: Your Case File #87- 81 -MP; Minor land partition of Tax
Lot 1301, Map 2S 1 7, Washington County, Oregon
Dear Jim:
By coincidence I happened to find out that Mr. Jack Young,
16880 SW Bull Mountain Road, has applied to your office to sub-
divide the subject -named property. The information was posted
on a telephone pole.
I think in matters such as this where water service is a
key element in whether a parcel of land will be approved for
subdivision it is the responsibility of your office to contact
this office directly for official information on water availa-
bility versus relying upon the applicant's word. Information
pertaining to water availability to serve this property is
grossly in error.
As you, are aware, the property is, located outside the Urban
Growth Boundary and is not within the boundaries of Tigard Water
District. The water district cannot nor is it obligated to serve
the property unless specifically authorized by the boundary com-
mission.
In 1980, an application was submitted to the boundary commis-
sion to annex that area to Tigard Water District. It was denied.
Later in 1980, Mr. Jack Young requested permission from the
boundary commission to serve one house (to be constructed) on Tax
Lot 1302 via an extraterritorial extension of a 1 -inch service
line. (See attached BC Proposal No. W -252). Permission was
granted to serve this one house. Subsequently, Mr. and Mrs. Neil
Longfellow purchased both Tax Lots 1302 and 1303 and constructed
their home on Tax Lot 1302 utilizing the one service line authorized.
Jim Tice
Re: Your Case File #87 -81 -MP
Page 2
in 1984, Mr. Jack Young, again, requested from the boundary
commission permission to serve an existing home (Jack Young's
home) on Tax Lot 1301 and one house to be constructed on Tax Lot
1300 via an extraterritorial extension of two 1 -inch service
lines to those properties. (See attached BC Proposal No. W -314).
Permission was granted as submitted.
About a month ago, an individual (I. believe his name was
Patrick) inquired about water service to Tax Lot 1300 I advised
him that the water district was authorized to serve one new
house on that tax lot.
Thus, all three approved water connections are accounted for
with no additional connections authorized. The statements made
in the application . for water service to the proposed subdivided
property are incorrect and water is not available.
There are several major obstacles to resolve prior to water
being available for any subdividing of the property, listed as
follows:
a. As noted above and the attached boundary commission
orders, only three individual connections have been approved.
Any additional connections will have to be approved by that
agency.
b. The water district will not continue to allow the prolif-
eration of additional service lines to be installed in this manner
and will require that an 8 -inch main be extended to. Beef Bend Road
at an estimated cost of $31,000, to be borne by the benefited
property owners. This, too, must be approved by the boundary
commission. In this regard, the district has on file recorded
agreements from both Longfellow's and Young's to the effect that
they will pay their pro -rata share of this pipeline extension,
when installed.
It is important to set the record straight before a real
crisis develops with the construction of new houses without water
availability.
Please advise if I can be of further assistance.
Sincerely yours,
cc: Jack Young Robert E. Santee
Neil Longfellow . Administrator
Portland Boundary
Commission
June 30, 1989
. Mr. John Miller
Administrator
Tigard Water District
.Tigard, Oregon 97223 . . •
Dear Mr. Miller:
•
We are the owners of three .acres on the west end of
Bull Mt. Road near Beef Bend Road (legal: 2S17- 01300). The
•
property lies immediately west of the metro boundary line.
Properties on either side of us plus one more to the
east are presently served by extra- territorial water meters .
from the Tigard District. We presently do not have water and
no means of obtaining water because of the Bull Mt- Cooper Mt
critical water restrictions against drilling wells on less
than ten acres. We would like to be served by the Tigard
Water District and do now ask you and your board to please
act favorably on our request.
The parcel. is zoned AF -5 and can legally only be used
for a single family residence.
Preliminary conversation with Kevin Martin at
Washington County and Marcia Gwynne at the Metro Boundary
Commission appear favorable for their approval, providing, of
course, Tigard Water District approves., In late May, Kevin
Martin said he did not feel he would oppose a single 1=: or 2
inch extension and meter to serve . a single family residence.
He was, however, opposed to a main water line extension. .
. Marcia Gwynne recently said she felt_if both Tigard Water and
Washington County approved, she felt the Boundary Commission
would probably approve also. • .
My wife joins me in n asking for your approval for water,
extension and a meter to serve our property. Thank you.
C
Ja k E. .
)620 - usser- Road .
. • Aloha ■ egon 97007 •
. Te'l:' -'2 -7779
:
Water Resources Department
: - 4
NEIL GOLOSCHMIOT 3850 PORTLAND ROAD NE, SALEM, OREGON 97310 PHONE 378 -8456
GOVERNOR
January 4, 1989
To Interested Parties:
A serious water supply problem developed in the Cooper Mtn. /Bull Mtn.
area in the late 1960's and early 1970's. Ground water levels were
declining an average of seven feet per year. Many damestic wells
went dry and had to be deepened. Scare well owners connected to
municipal supplies rather than deepen their well. In response, the
State conducted a study of the ground water reservoir. A p
hearing was held and the State issued an order declaring the area to
be a Critical Ground Water Area on May 17, 1974.
The order prevented any further ground water rights from being issued
from the basalt aquifer. The control order included several
provisions. It restricted additional wells to single family domestic
and stock wate p urposes to tracts greater than 10 acres. The volume
of water pumped from wells owned by the City of Beaverton, Tigard
Water District, and Wolf Creek Highway Water District was limited
during 1974, 1975, and 1976. The total amount of water pumped from
the aquifer annually was limited to 2,900 acre feet. The order
required an annual review of ground water conditions in the Cooper
Mtn. /Bull Mtn. Critical Ground Water Area to determine the
effectiveness of the order.
Since 1974, ground water levels have been rising over much of the
Cooper Mtn. /Bull Mtn. Critical Ground Water Area. The Department has
received several inquires from the public concerning the limitations
of the order in light of improved ground water conditions. The
Department recently started an extensive review of the order and
current ground water conditions. The study is expected to be
completed during the summer of 1989. If the results of the study
indicate that the order should be modified, a hearing could be held
on that issue late in the year.
If you have any questions or concerns about the study, please contact
Marc Norton at 378 -8456.
Sincerely,
William H. Young •
Director
•
•
WASHINGTON
COUNTY,
o ` OREGON
February 8, 1988
Robert E. Santee
Administrator
Tigard Water District
8841 SW Commercial Street
Tigard, Oregon 97223 -6290
RE: CASEFILE 87 -81 -MP
This letter is in response to your letter dated December 24, 1987, regarding
issuance of a building permit on Parcel B of Casefile 87- 81 -MP.
A building permit on Parcel B was issue based on demonstration of compliance
with the conditions of approval of Casefile 87- 81 -MP. A copy of a recorded
water easement to use the existing well on Parcel A was present with the
building permit. The Water Resources Department has approved the use of the
well for the new dwelling provided the old dwelling is disconnected from the
well. The Boundary Commission has approved water service to the existing
dwelling.
I ho.e this explanation answers your questions.
Ar
1
Br- t Curtis
Ac ing Land Development Manager
robsanjt
c: Casefile 87 -81 -MP
Department of Land Use And Transportation, Land Development Services Division
150 North First Avenue Hillsboro, Oregon 97124 Phone:503 / 648 -8761
*OREGON*
� r
034
TuaIat/a
jewitiet
4 P.O. BOX 127 • TUALATIN, OREGON 97062 • PHONE 682 -2601
�G a P
January 19, 1988
Mr. Robert Santee
Administrator
Tigard Water District
8841 SW Commercial
Tigard, OR 97223
RE: Fire Prevention Requirements, Single Family Dwelling
Dear Bob,
The situation you have outlined regarding the development at
SW Bull Mountain Road causes the Tualatin Fire District some
concern.
It is obvious that a one at a time development is taking
place, and this removes the fire district from any control over
water requirements for fire protection. Homes constructed in this
area are usually large and expensive. The one proposed, well over
1000 feet from a fire hydrant, will not be adequately served from
the fire department's point of view.
We strongly support your plan for the extension of the 8 inch
water main. A hydrant within 500 feet of a dwelling can have an
impact on insurance rates, but most importantly, will allow the
fire department to respond to a. fire emergency with all the
necessary resources.
Please advise if we can be of assistance in this matter.
Sincerely,
Floyd L. Pittard
Fire Chief
FLP /nd
cc: Fire Prevention Division
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD. OREGON 97223 -6290
PHONE (503) 639-1554
•
•
January 11, 1988
Chief Floyd Pittard
Tualatin Fire District
P. 0. Box 127 •
Tualatin, Oregon 97062
Re: Fire prevention requirements for single family home
Dear Floyd:
Periodically, Gene Birchill calls me pertaining to the installa-
tion of a fire hydrant within 500 feet of a. proposed single family
dwelling, particularly those inside the Urban Growth Boundary, but
outside an incorporated city.
Now we have a situation where the .county has approved the
construction a new house, outside the UGB, but which, apparently,
has not been coordinated with either the fire district or water dis-
trict. Please read my attached Administrator's Report as well as
other correspondence enclosed.
One member.of the Board of Commissioners has requested that I
contact you for your views on this matter. It appears that our
system of checks and balances is not working and that the county
is approving these new developments (although only one house) with-
out the appropriate review by other interested governmental entities.
• To date I have not received a response to' my, letter of December
•
24, 1987 to the Planning Department, Washington County, as to why
a building permit was issued. I think the public,, and particularly
the water district, is entitled to know this information. • My next
step, after a response from you, is to 'advise the Administrator,
Washington County, - with copy to Roy Rogers, of this matter.
- Thanks, Floyd.
•
Sin. erely yours,
• / / i i -•.
Robert E. Santee
Administrator
•
•
•
TIG ARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD. OREGON 97223 -6290
PHONE (503) 639 -1554
January 22, 1988
Charles D. Cameron
Administrator, Washington County
. 150 No. First Avenue, Rm 418
Hillsboro, Oregon 97124 .
Re: Issuance of Building Permit, Parcel "B ",
Tax Lot 1301, Map '2S 1 7; Case of, Jack Young
Dear Mr. Cameron:
Enclosed are copies of past correspondence pertaining to the
issuance of a building'permit to the applicant, Mr. Jack Young.
The Department of Land Use and Transportation was requested on
December 24, 1987 to respond to my inquiry about water availability
to serve the subject named site. To date no'response has been
received.
It should be noted, further, that the chairman of the CPO has
made inquiries to the planning department as to what authority the
county used in issuing a building permit. Representatives of the
county state that they will respond to the inquiry after investiga
tion but never do so.
The affected fire district was also requested to comment on
this Situation .and the chiefs response is shown in the attached
letter dated 'January 19, 1988. •
So, we have a situation where a new house has been approved
for construction by the county, outside the urban growth boundary,
without sanitary sewer, without assurances of water availability,
. and which cannot be adequately served. by the fire district.
Most of all, I believe it is the duty of public officials to
respond to official correspondence in a timely manner.
Your assistance In this matter would be appreciated.
Sincerely yours,
TIGARD WATER DIS ST TRICT
Robert E. Santee
Administrator •
cc: Commissioner Roy Rogers
Fire Chief Floyd Pittard .
•
•
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD. OREGON 97223-6290
•
PHONE (503) 639 -1554
December 24, 1987
•
Brent Curtis
Department of Land Use and Transportation
Land Development Services Division
150 North First Avenue
Hillsboro, Oregon 97124
Re: Issuance of Building Permit, Parcel "B ",
Tax Lot 1301, Map 2S 1 7; Case of Jack Young
Dear Mr. Curtis:
Evidently, a building permit from Washington County has been
issued to Mr. Jack Young to build a single family dwelling on the
subject lot in accordance with conditions imposed in Minor Land
Partition, Case File No. 87- 81 41P, Washington County. The land has
been cleared and a foundation is being .laid.. A building permit
sign is posted but without a number.
In a letter dated March 4, 1987, to your office (copy enclosed)
I expressed by reservations about the assumed availability of water
from Tigard Water District'to the subject site.
In the Notice of Decision, dated March 25, 1987, the applicant
was required to demonstrate, prior to issuance of a building permit,
that the parcel of land is served water from (one of the following):
a. Tigard Water District
b. The existing wellon.Parcel "A"
c. A new well which complies with State Order creating the
Cooper Mountain /Bull Mountain Critical Ground Water Area
It is noted that the applicant has already installed a service
line to the existing TWD's 8 -inch main and, obviously, intends to
connect to this main with a temporary meter, contrary to the dis-
trict's position as stated in my letter of March 4th, .a copy of which
he received. Further, the district is not authorized to serve the
property without the express approval of the boundary commission.
Please advise of how the applicant demonstrated that water was
available on his application for a building permit and your acceptance
thereof.
Sing ely yours,
•
Encl.
•o •ert E tee
Administrator
•
FILE
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD. OREGON 97223-6290
PHONE (503) 639-1554
March 4, 1987
Jim Tice
Department of Land Use and Transportation
Land Development Services Division
150 North First Avenue
Hillsboro, Oregon 97124
Re: Your Case File #87- 81 -MP; Minor land partition of Tax
Lot 1301, Map 2S 1 7, Washington County, Oregon
Dear Jim:
By coincidence I happened to find out that Mr. Jack Young,
16880 SW Bull Mountain Road, has applied to your office to sub -
divide the subject -named property. The information was posted
on a telephone pole.
I think in matters such as this where water service is a
key element in whether a parcel of land will be approved for
subdivision it is the responsibility of your office to contact
•
this office directly for official information on water availa-
bility versus relying upon the applicant's word. Information
pertaining to water availability to serve this property is
grossly in error.
As you are aware, the property is located outside the Urban
Growth Boundary and is not within the boundaries of Tigard Water
District. The water district cannot nor is it obligated to serve
the property unless specifically authorized by the boundary com-
mission.
In 1980, an application was submitted to the boundary commis-
sion to annex that area to Tigard Water District. It was denied.
Later in 1980, Mr. Jack Young requested permission from the
boundary commission to serve one house (to be constructed) on Tax
Lot 1302 via an extraterritorial extension of a 1 -inch service
line. (See attached BC Proposal No. W -252)• Permission was
granted to serve this one house. Subsequently, Mr. and Mrs. Neil
Longfellow purchased both Tax Lots 13 and 1303 and constructed
their home on Tax Lot 1302 utilizing the one service line authorized.
Jim Tice
Re: Your Case File #87 -81 -MP
Page 2
In 1984, Mr. Jack Young, again, requested from the boundary
commission permission to serve an existing home. (Jack Young's
home) on Tax Lot 1301 and one house to be constructed on Tax Lot
1300 via an extraterritorial extension of two 1-inch service
lines to those properties. (See attached BC Proposal No. W -314).
Permission was granted as submitted.
About a month ago, an individual (I believe his name. was
Patrick) inquired about water service to Tax Lot 1300. I advised
him that the water district was authorized to serve one new
house on that tax lot.
Thus, all three approved water connections are accounted for
with no additional connections authorized. The statements made
in the application for water service to-the proposed subdivided
property are incorrect and water is not available.
There are several major obstacles to resolve prior to water
being available for any subdividing of the property, listed as
follows:
a. As noted above and the attached boundary commission
orders, only three individual connections have been approved.
Any additional connections will have to be approved by that
agency.
b. The water district will not continue to allow the prolif-
eration of additional service lines to be installed in this manner
and will require that an 8 -inch main be extended to Beef Bend Road
at an estimated cost of $31,000, to be borne by the benefited
property owners. This, too, must be approved by the boundary
commission. In this regard, the district has on file recorded
agreements from both Longfellow's and Young's to the effect that
they will pay their pro -rata share of this pipeline extension,
when installed.
It is important to set the record straight before a real
crisis develops with the construction of new houses without water
availability.
Please advise if I can be of further assistance.
Sincerely yours,
, 1:4/1 - 411
cc Jack Young Robert E. Santee
Neil Longfellow .Administrator
Portland Boundary
Commission
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PROPOSAL. NO. W-314
TIGARD WATER DISTRICT
EXTRATERRITORIAL WATER LINE
EXTENSION �-
FIGURE 2
Ai OREGON *_
10
TaaI&iij
,,,� „ P.O. BOX 127 • TUALATIN, OREGON 97062 • PHONE 682 - 2601
January 19, 1988
Mr. Robert Santee
Administrator
Tigard Water District
8841 SW Commercial
Tigard, OR 97223
RE: Fire Prevention Requirements, Single Family Dwelling
Dear Bob,
The situation you have outlined regarding the development at
SW Bull Mountain Road causes the Tualatin Fire District some
concern.
It is obvious that a one at a time development is taking
place, and this removes the fire district from any control over
water requirements for fire protection. Homes constructed in this
area are usually large and expensive. The one proposed, well over
1000 feet from a fire hydrant, will not be adequately served from
the fire department's point of view.
We strongly support your plan for the extension of the 8 inch
water main. A hydrant within 500 feet of a dwelling can have an
impact on insurance rates, but most importantly, will allow the
fire department to respond to a fire emergency with all the
necessary resources.
Please advise if we can be of assistance in this matter.
Sincerely,
=77 — 7 7- „
Floyd L. Pittard
Fire Chief
FLP /nd
cc: Fire Prevention Division
•
PILE
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD, OREGON 97223-6290
PHONE (503) 639-1554
March 4, 1987
Jim Tice
Department of Land Use and Transportation
Land Development Services Division
150 North First Avenue
Hillsboro, Oregon 97124
Re: Your Case File #87- 81 -MP; Minor land partition of Tax
Lot 1301, Map 2S 1 7, Washington County, Oregon
Dear Jim:
By coincidence I happened to find out that Mr. Jack Young,
16880 SW Bull Mountain Road, has: applied to your office to sub-
divide the subject -named property. The information was posted
on a telephone pole.
I think in matters such as this where water service is a
key element in whether a parcel of land will_be approved for
subdivision it is the responsibility of your office to contact
this office directly for official information on water availa-
bility versus relying upon the applicant's word. Information
pertaining to water availability to serve this property is
grossly in error.
As you are aware, the property is located outside the Urban
Growth Boundary and is not within the boundaries of Tigard Water
District. The water district cannot nor is it obligated to serve
the property unless specifically authorized by the boundary com-
mission.
In 1980, an application was submitted to the boundary commis-
sion to annex that area to Tigard Water District. It was denied.
Later in 1980, Mr. Jack Young requested permission from the
boundary commission to serve one house (to be constructed) on Tax
Lot 1302 via an extraterritorial extension of a 1 - inch service
line. (See attached BC Proposal No. W -252). Permission was
granted to serve this one house. Subsequently, Mr. and Mrs. Neil
Longfellow purchased both Tax Lots 1302 and 1303 and constructed
their home on Tax Lot 1302 utilizing the one service line authorized.
Jim Tice
Re: Your Case File #87 -81 -MP
Page 2
In 1984, Mr. Jack Young, again, requested from the boundary
commission permission t� serve an existing home (Jack Young's
home) on Tax Lot 1301 and one house to be constructed on Tax Lot
1300 via an extraterritorial extension of two 1 -inch service
lines to those properties. (See attached BC Proposal No. W -314).
. Permission was granted as submitted.
About a month ago, an individual (I. believe his name was
Patrick) inquired about water service to Tax Lot 1300. I advised
him that the water district was authorized to serve one new
house on that tax lot
Thus, all three approved water connections are accounted for
with no additional connections authorized. The statements made
in the application for water service to-the proposed subdivided
• property are incorrect and water is not available.
There are several major obstacles to resolve prior to water
being available for any subdividing of the property, listed as
follows:
a. As noted above and the attached boundary commission
orders, only three individual connections have been approved.
Any additional connections will have to be approved by that
agency.
b. The water district will not continue to allow the prolif-
eration of additional service lines to be installed in this manner
and will require that an 8 -inch main be extended to Beef Bend Road
at an estimated cost of $31,000, to be borne by the benefited
property owners. This, too, must be approved by the boundary
•commission.. In this regard, the district has on file recorded
'agreements from both Longfellow's and Young's to the effect that
they will their pro -rata share of this pipeline extension,
when installed.
It is important to set the record straight before a real
crisis develops with the construction of new houses without water
availability.
Please advise if I can be of further assistance.
• Sincerely yours,,
.4 r°411-0 e 14--
cc: Jack Young Robert E. Santee
Neil Longfellow. Administrator
Portland Boundary
Commission
•
; t
/Y rF
DEPARTMENT OF LAND USE 150 ”NORTH FIRST
. HILLSBORO, OREGON 97124 648 -8761
�.��{'�'
'4<" gi AND TRANSPORTATION
DATE: c2'26) �8
RE: Casefile # -ri
Dear CPO Leader,
Enclosed is a copy of a recently submitted application. If you
wish to comment on this application, please submit comments by
the closing date listed on the forthcoming Public Notice. All
comments must be submitted in writing. This request is not a
public hearing item. = _ ,
5
CASE FILE NO:
N WASHINGTON COUNTY
. -
DEPARTMENT OF LAND USE AND TRANSPORTATION APPLICANT NAME AND ADDRESS:
. Pf LAND DEVELOPMENT SERVICES DIVISION L / L. /Q� l
.
,.5,,: 1 HILL 50 NORTH SBORO, FIRST OREGON AVEN 97 1UE
2 4 848 -8761 16 92n ski f,3L -4- (7--‘
Ti L.44- t r1 x.E,r c n A.) '17 2. x.4t
DEVELOPMENT NAME AND ADDRESS:
APPLICATION
.� ,,�,i, var.
PROCEDURE TYPE: 1 PROPERTY DESCRIPTION:
COMMUNITY
CPO: PLAN: .d /A/ / 4.066+ -4-4._ ASSESSOR MAP NO: 2,S'/ - '7 -
TAX LOT NO(S): J/.3.,„/
LAND LAND USE SITE SIZE: / 7. ZP ..4. s_
DISTRICT(S): ,Br s" ADDRESS: /G rib .ii.I /7.e."-eto'f/Lw.e.
LOCATION: Q7a /d rx....,..L.r.: ..i- /re."'
1.•. -.N! A.-p.-4,
PROPOSED DEVELOPMENT ACTION: Nt,a/i c_ 41 r; .. Gcc.K, a- 4/ /j -f a - 41-e....4 4-s- / .-^
./34 -1" ®M' c T2- /.712/ /
DATE OF PRE - APPLICATION CONFERENCE: / ///'/ N APPLICANT PHONE: it 'r 6 39 - .P7/L
(ATTACH COPY OF SUMMARY) OWNER PHONE: /4.-• L.Tf -6 9fce
STAFF MEMBER: !j,,e, Tee-
ALSO NOTIFY:
EXISTING USE OF SITE: 14e-re- P.I.ec .e6 .
LIST ASSESSOR MAP AND TAX LOT NUMBERS OF ALL
CONTIGUOUS LOTS OR PARCELS //..U jR IDENTICAL OWNERSHP: �i di e's 441.4.06~ � �.. 7L/ 7o 1 A
/3.0 • i`,�,/e •. . AM� / / -/ 7 -Pt. , .sw,. -Q 7rao.- AP - Z -
LIST ALL PREVIOUS DEVELOPMENT REQUESTS. LAND USE ACTIONS
AND DATES OF PREVIOUS ACTIONS RELATING TO THE SUB.E;CT PROPERTY :
7
WASHINGTON COUNTY
LIST ALL ATTACHMENTS TO THIS APPLICATION: LAND 11.0 • ( 1r J „ ., _, _
/ COPIES OF ALL INFORMATION , ". ,.j: :2 ��,11ATION
77,10 /*Ali 2 .r/ - Z FRE' ,LS lop
/'U T FR
f A w.04,
WE, THE UNDERSIGNED HEREBY AUTHORIZE THE FILING OF THIS APPLICATION AND CERTIFY THAT THE INFORMATION
CONTAINED IN T IS APPLICATION IS COMPLETE AND CORRECT TOT EST F OUR KNOWLEDGE.
x �� 74v4i x L` Ai • NER , -'• NTR o PURCHASER DATE (CANT de-- DATE
O OWNER 0 CONTRACT PURCHASER DATE APPLICANT DATE
NOTES: •THE APPLICANT OR A REPRESENTATIVE SHOULD BE PRESENT AT ALL
•THIS APPLICATION MUST BE SIGNED BY ALL THE OWNERS OR adj. PUBLIC HEARINGS.
THE CONTRACT PURCHASERS OF THE SUBJECT PROPERTY. •NO APPROVAL WILL BE EFFECTIVE UNTIL THE APPEAL PERIOD •
• IF THIS APPLICATION IS SIGNED BY THE CONTRACT PURCHASERS) . HAS EXPIRED.
THE CONTRACT PURCHASER IS ALSO CERTIFYING THAT THE •AN APPROVAL OR DENIAL OF THIS REQUEST MAY BE OVERTURNED
CONTRACT VENDER HAS BE' 1N NOTFED OF THE APPLICATION. ON APPEAL .............. .»...»...._.................... - M . : a.
FOR OFFICIAL USE OHL 1 _ ..._ ... ..... .
RECEIPT DATE DATE 's
>: FEE NUMBER RECEIVED ACCEPTED ,:;4,
Ni.
$U« r „--t- /tDAD
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PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION
320 S. W. Stark ( #530) - Portland, Ore, 97204 - Tel: 229 -5307
FINAL ORDER •
RE: PROPOSAL NO. W -252 - TIGARD WATER DISTRICT - Extraterritorial Water
Line Extension
Proceedings on Proposal No. W -252 commenced upon receipt by the Boundary
Commission of preliminary plans from the water district on August 18, 1980.
The plans meet the requirements for initiating this action as provided by
ORS 199.464.
Upon receipt of the plans the Boundary Commission published and posted notice
of the public hearing in accordance with ORS 199.463 and conducted public hear-
ings on the proposal on September 18 and October 16, 1980. The Commission also
caused a study to be made on this proposal which considered economic, demographic •
and sociological trends and projections and physical development of the land.
FINDINGS
On the basis of the public hearings and the study the Boundary Commission found
that: (See Findings in Exhibit "A" attached hereto),
REASONS FOR DECISION
On the basis of the findings the Commission determined that: (See Reasons for
Decision in Exhibit "A" attached hereto).
ORDER
NOW THEREFORE IT IS ORDERED THAT on the basis of the Findings and Reasons listed '
above, the Boundary Commission approved PROPOSAL NO. W -252, the proposed Extension
of the Tigard Water District water system to service the area, more particularly
described in Exhibit "C" and depicted on the map attached hereto. The Boundary
Commission took this action on October 16, 1980, which is the effective date of
this order.
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
• BOUNDARY COMMISSION
Date: /Z/647.g4 By :
ames L. (Jamie Mater
Chairman
•
Attest: — ice_, • ILAV,_ Ili
Page 1 - FINAL ORDER
•
EXHIBIT "A"
Proposal No. W -252
FINDINGS
On the basis of its investigation the staff found that:
1. The territory to be served contains 9.68 acres, is vacant, and is assessed
at approximately $3,400. The assessment is "farm value" since the property
is under the agricultural lands deferral program,
2. The proposal involves the extension of 400' of 1" line from the district's
existing 8" main in Bull Mountain Road.
3. The petitioner desires the extension to facilitate the construction of one
single family residence.
4. Current zoning is RS -1 which could allow development of one single family
residence per 40,000 sq. ft. The county framework plan designates the area
in the Natural Resource category. The plan indicates that development
should be discouraged in such areas and that agricultural lands which are
predominantly Class I, II and III should be preserved. The Soil Conservation
Service (SCS) classification of this areas's soils is Class II. The plan
further notes that urban services should not be extended into Natural
Resource areas such as this.
5. The territory is located outside the Metro boundary and outside the regional.
Urban Growth Boundary. Metro plan policies allow water service outside the
• UGB if the level of service is in conformance with local plans and if. the
extension will not create pressure for urbanization on additional expenditures
of public funds. The extension is sized to serve only one residence and
meets the requirements of the regional policies.
6. Washington County staff has prepared the Natural Resource and Rural portions
of the County Comprehensive Plan for LCDC compliance. The staff recommenda-
tion is to zone the property AF -5. The staff has proposed this rural zoning
based on an exceptions statement of a 229 -acre area in which the territory
lies (Sub -area No. 057). This exception statement is attached as Exhibit
"B".
7. The extension is a single service connection which will not make water
available to any other lands.
• REASONS FOR DECISION
•
On the basis of the Findings the Commission determined that:
1. The property owner desires the extension of 400' of 1" pipe to obtain a
domestic water supply for a single family residence.
2. The proposal complies with county and regional planning and LCDC
goals.
Page 2 - FINAL ORDER
# W -252
. 3. The extension will not make water service available to any other parcels
as it is sized for a single service.
4. The extension to this parcel is preferable to service by a well because
the area is in a critical groundwater area.
•
•
•
•
•
Page 3 - FINAL ORDER. • •
•
No. 2,5 1 7
Proposal
4.
. SECTION 7 T2S RI.W WM.
M/ASNINGTON COUNTY OREGON
[ Ma• 8 S .\,,
;ITT I s _ - -. 1 •
307 u• • 3C0 ' 100 - >i _ ..,
Cl WI '•
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r w , 4.^.9,. l
�« • TI GARD WATER DISTRICT 184. 4
T AM If 1� / .sl f` i e
.au. ew. 1•,.
300
. 5 1
un .•r a. 6UCl_ MOUNT IAN RD. •l ,...- " 1 2Ivft '
GO 1100 �' at1 k° �•' Y TI -iti ,
'C ann. •r.«. 1301 1300 = is;';fu _ 2 i w ! ?� .. l ..r i 1 c r .. I .n•
I. _ 4rr.;. IJ 7401 3` 23 a
•..• .�.�,1. 1 c. 1 1'1 y •
f. i vita , 1 I 1
e
1000 4 „: >: .; :.. :.: I 1.4.44r4 •
en 31 i 1 Jai 23' I ) ! ;
BO.. • a
1700 _ , -
1::.'%.' ow C1104341 •r rn . •.
1 1600
1 11 24:3 { .. r 1
11 a.• I
...•.r. 1400 v. u. tai w •.11 2900 . - . .. . ,M•..
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, «.. •. 15C0 - Z. I 7 901:. n.ar
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•
3000 1 r •
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°N. LEGEND ^- I I
I EXISTING 8 c.l. MAIN • • . ' • • •1111 ■ 1=11 v ■a e ■
I PROPOSED 400' OF I "UNE • • • •'ri''r'r`ra`rr` 23 -4
AREA TO li ++ + �i u +.�ilg I .... a.. OMAN. SERVED • �. > ;:> s•: > > <ti:;:::::
l tili •irfe .
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•
PROPOSAL NO. W -252..
TIGARD WATER DISTRICT
WATER LINE EXTENSION . .
FI I )0F
• 1
•
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COM'1ISSION
320 S. W. Stark ( #530) - Portland, Oregon 97204 - Tel: 229 -5307
FINAL ORDER
Re: PROPOSAL NO. W -314 Tigard Water District Extraterritorial Water
Line Extension
Proceedings on Proposal No. W -314 commenced upon receipt by the Boundary
Commission of preliminary plans from the Tigard Water District on January
31, 1984. The plans meet the requirements for initiating this action as
provided by ORS 199.464.
Upon receipt of the plans the Boundary Commission published and posted
notice of the public hearing in accordance with ORS 199.463 and conducted
a public hearing on the proposal on March 8, 1984. The Commission also
caused a study to be made on this proposal which considered economic, demo-
graphic and sociological trends and projections and physical development
of the land.
The Commission reviewed this proposal in light of the following statutory
guidance:
"199.410 Policy. (1) The Legislative Assembly find that:
(a) A fragmented approach has developed to public services provided
by local government and such an approach has limited the orderly develop-
ment and growth of Oregon's urban areas to the detriment of the citizens
of this state.
(b) The programs and growth of each unit of local government affect
not only that particular unit but also the activities and programs of a
variety of other units within each urban area.
(c) As local programs become increasingly intergovernmental, the
state has a responsibility to insure orderly determination and adjustment
of local government boundaries to best meet the needs of the people.
(d) Local comprehensive plans define local land uses but may not
specify which units of local government are to provide public services
when those services are required.
(2) The purposes of ORS 199.410 to 199.519 are to:
(a) Provide a method for guiding the creation and growth of cities
and special service districts in Oregon in order to prevent illogical
extensions of local government boundaries;
(b) Assure adequate quality and quantity of public services and the
•
financial integrity of each unit of local government;
•
Page 1 - FINAL ORDER
•
#W -314
(c) Provide an impartial forum for the resolution of local government
jurisdictional questions; and
(d) Provide that boundary determinations are consistent with local
comprehensive planning, in conformance with state -wide planning goals.
However, when the proposed boundary commission action is within an acknow-
ledged urban growth boundary, the state -wide planning goals shall not be
applied. The commission shall consider the timing, phasing and availability
of services in making a boundary determination.
199.462 Standards for review of changes; territory which may not be
included in certain changes. (1) In order to carry out the purposes de-
scribed by ORS 199.410 when reviewing a petition for a boundary change, a
boundary commission shall consider economic, demographic and sociological
trends and projections pertinent to the proposal, past and prospective
physical development of land that would directly or indirectly be affected
by the proposed boundary change and the goals adopted under ORS 197.225."
The Commission also considered its policies adopted under the Administrative
Procedures Act (specifically 193 -05 -000 to 193 -05 -015), historical trends of
boundary commission operations and decisions, and past direct and indirect
instructions of the State Legislature in arriving at its decision.
FINDINGS
(See Findings in Exhibit "A" attached hereto).
REASONS FOR DECISION
(See Reasons for Decision in Exhibit "A" attached hereto).
ORDER
NOW THEREFORE IT IS ORDERED THAT on the basis of the Findings and Reasons
for Decision listed in Exhibit "A ", the Boundary Commission approved
PROPOSAL NO. W -314, the proposed Line Extension from the Tigard Water District
to service the area, more particularly described in Exhibit "B" and depicted
on the map attached hereto. The Boundary Commission took this action on
March 8, 1984, which is the effective date of this Order.
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
BOUNDARY COMMISSION
Date: �i9 BY:
Caro Steele
Chairman
Attest: ,G64
Page 2 - FINAL ORDER
EXHIBIT "A"
Proposal No. W -314
FINDINGS
•
On the basis of the investigations and the public hearing the Commission found that:
1. The proposal involves the extension of 700 feet of 1" line, and 110(.1 feet of
1" line west from the district's existing 8" main in Bull Mtn, Rd. onto the 2
parcels to be served. The territory to be served consists of two tax lots
containing 6,91 and 9.37 acres. Tax lot 1301 contains•1 single family residence,
an estimated population of 3 and is evaluated at -$151,100; tax lot 1300 is
vacant and is evaluated at $ 2,100.
2. The petitioners desire public water to serve one proposed dwelling on TL .1300
and an existing dwelling on TL 1301,
3. In September 1980, the Boundary Commission approved two water line extensions
for these applicants to serve the two parcels immediately east of the subject
parcels, •
4, The territory is located outside of METRO and outside of the acknowledged
regional Urban Growth Boundary,
5. The territory is designated Rural on the Washington County Comprehensive Plan,
Current County zoning is AF.S, The zoning would not allow further partitioning
of this property with the availability of these proposed water extensions.
6. The district has an 8 -inch line in Bull Mtn, Rd, from which the single service
connections would be extended at the expense of the property owner., This
system is adequate to provide the desired service,
7. The territory is within area of Critical Groundwater Concern as declared by
the State Water Resources Department, and wells for individual houses cannot
he drilled on sites less than 10 acres in size,
8, The extensions are single service connections to serve one residence on each
Tax Lot, The extension will not make water available to any other land,.
'REASONS FOR DECISION
On the basis of the Finding the Commission determined that;
1. The property owner desires the extensions to obtain domestic water supply for
an existing residence on. TL 1301 and a proposed residence on TL 1300
2, The proposal complies with County and Regional planning,
3. The district has an 8 -:inch line in Bull Mtn, Rd, from which the single service
connections would be extended at the expense of the property owner This system
is adequate to provide the desired service,
Page 3 - FINAL ORDER
EXHIBIT "B"
Proposal No. W -314
EXTRATERRITORIAL WATER LINE EXTENSION
Tigard Water District
Description of Plan and Service Area
The Plan provides for the extensions of 700 feet of 1 -inch water line
and 1100 feet of 1 -inch water line from the District's existing 8 -inch
water line in Bull Mt. Road west to the parcels to be served.
The parcels to be served are: Tax Lots 1300 and 1301 of Section 7,
T.2S., R.1W., W.M., Washington County, Oregon.
•
Page 4 - FINAL ORDER
,..
• . .•
Proposal No. tv-314
. _ . 8 • _ '3 , �N. \
0.17 tcttszest rat SEE
1 4 1 ...
h 0,.
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ay 104 1^v2 103 t • jnJ ry 1 • l � ,` >�♦
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• 11• � ...... tN r 00 2
° 302 VOIN/11.1
y
303 , . 'IL
300 _
,aor • t ut a at • � , � i s � '
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ta.t . ,., r: u 'n PS
, aat, . � I � 24
s s d T 'n ni "a' " . i / 30 - 22 �. . I _
!too `` k•¢», 4 , i ,a `6 s " f v a•a. 1302 1303 23 0 3 ' ? a.... I 1 .••• r e a�a ..w • 70 I rg 220•24 ,
° q. t wo . �*Y , .: 7 CS KM
e ° ' s n E h ' +" 2�p1 v 2401 S - is
re - l Lf;; Y. 14:,�n ri ro ♦.ii I '• , •a".
fi AREA To BE ;
SERVED R 1CS mesa I t •
' Tri ' .::'.v.,,,..- ...4 i 23-646: . , ,..
lilt zsox 26a ' 1200 _ , 502 00 .• ,eaJ - 26 I a.
4 1. , .5000 a .° -at •:
• .t.
Legit+ 2900 .I 2800 /
n.•edt 1400 ' Va eel , • MOM el ea 0 J• - a °
- - • ) i3.3.13 •
/ Ju.ra,. 2901:
au•aa'•e'+ �.
3000 :SQ4 1
. . • 'am.. il;
0 d= 1 a /
N SEC.7 T25 RIW W M. = I 5 EC. e 12.S RIW 'N.M. 1sc1
WA5H 1 NGTON CO. � • �►�•• _
y 0.1 SI • •.e...' �. / ` �t•
• 3100 . •1 •10 0 I.
/0.04 IN. pq o � ' 1.03 1
•2 1 03 • I
3200 3300 / . * at• + a
1100
PROPOSAL NO. W -314
TIGARD WATER DISTRICT
EXTRATERRITORIAL WATER LINE
EXTENSION
FIGURE 2 2/
•
ato=y> 31 -MP
CASE FILE NO:
WASHINGTON COUNTY
DEPARTMENT OF LAND USE AND TRANSPORTATION
LAND DEVELOPMENT SERVICES DIVISION APPUCANT:
160 NORTH FOIST AVENUE Jack. Young
HILLSBORO, OREGON $7124 845-5761 . .
16880 SW Bull Mountain Road
Tigard, OR 97224
OWNER:
STAFF REPORT , ` Applicant
DECISION
PROCEDURE TYPE: I I PROPERTY DESCRIPTION:
COMMUNITY
CPO: 4 PLAtt Rural /Natural. Resources ASSESSOR MAP NO: 2S1 7
TAX LOT NO(8) : ' 1300 , 1301
wit SIZE: - 13.28 Acres -
LAND USE
DLSTRICT(8?: AF -5., District ADDRESS: ' 16680.SW Bull Mountain Road
,(Agri & Forest) LOCATIOtt On the southeast corner of the
intersect ion of SW Bull Mountain Road and
SW Beef Bend Road.
PROPOSED DEVELOPMENT ACTION: Minor Land Partition to Create Two Parcels,
Parcel "A" being approximately 8.28 acres in size and Parcel "B" being
approximately 5.0 acres in size, as depicted on Page 2 of this report.
March 25, 1987
I. APPLICABLE REGULATIONS:
A. 1986 Washington County Comprehensive Framework Plan (Rural- Natural
Resource Plan Element)
B. 1986 Washington County Community Development Code:
1. Article II, Procedures:
Section'202 - 2 (Type II Procedure
Section 207 -6 (Conditions of Approval)
2. Article III, Land Use Districts:
Section 348 (AF -5 District Standards)
3. Article IV, Development Standards:
Section 410 (Slopes and Grading)
4. Article V, Public Facilities and Services:.
Section 501 -7 (Limited Application of the Public
Facilities and Services Standards
outside the UGB)
5. Article VI, Land Divisions:
Section 610 (Land Divisions Outside the UGB)
Section 610 -2 (Minor Land Partition)
II. AFFECTED JURISDICTIONS:
A. Washington County Department of Public Health
B. Tigard Water District
C. Oregon Department of Water Resources
Page 2
2S1 7/ T.L. 1301, 1300 CASE FILE NUMBER: -bi -MP
X MAP/LOT NUMBER
."\
AF-5
, 04 102 105 106
• 303
300
. A : oAn
1100
1302
13.58
EFU qmgommgmgimmmm
Parcel 'A' Parcel 'B'
•
A
1000
• . • .•
- • , • • •
1200 Approved
• Lot Line Adjustment
Proposed Partition (86-560-LLA)
EFLJ
Ak.
u=n..r: Ell AREA OF CONSIDERATION SCALE: 1" to 400' NORTH
r-
PPLICABLE LAND USE DISTRICTS: APPLICABLE REVIEW STANDARDS:
AF -5 DISTRICT (AGRICULTURE AND FOREST)
EFU DISTRICT (EXCLUSIVE FARM USE)
•
87 -81 -MP
.Page 3
III. FINDINGS:
A. General:
1. The site is in the Cooper Mountain /Bull Mountain Critical
Ground Water Area. The State limits the density in this area
to one new well per ten acres. Parcel "A" 'supports one
dwelling and is served by an existing well. Parcel "B" is
vacant and does not have a water source.
2. The site is near Tigard Water District. The District has
submitted a letter regarding this application. The District
can provide water to Parcel "B" provided the Boundary
Commission approves an annexation request to add the site into
the District. The Boundary Commission has approved via an
extraterritorial extension, two one -inch service lines to the
existing dwelling on Tax Lot 1300 (Parcel "A ") and Tax Lot
1300. No water service has been approved by Parcel "B ".
•
3. The District indicates that they will not support additional
. one -inch lines. An eight -inch main will be required to serve
additional parcels as well as Parcel "B ".
•
4. The partition can be approved without. water service from the
District provided no building permit is issued on Parcel "B"
without a source of water. The source of water can be either
water from the Tigard Water District or well water supplied in
conformance with the Oregon Department of Water Resources
requirements.
5. The May 17, 1974 Order creating the Critical Ground Water Area
exempts from regulation existing wells which are used for
"single or group domestic purposes in the amount not exceeding
15,000 gallons a day ". Therefore the applicant can use the
existing well for parcels. There is a Tigard Water
District hook -up for Parcel "A ", therefore the applicant could
also have the existing dwelling on Parcel "A" on Tigard Water
and use the well only for Parcel "B ". T.he applicant could
also drill a.new well for Parcel "B" if there is compliance
with the State requirements (no penetration of the basaltic
aquifer) .
•
B. 1986 Comprehensive Plan (Rural /Natural Resource Plan
Element:
STAFF: The goals and policies which relate to the development of
land are implemented by the Code. The applicant is not
•
required to address, consider or implement any goal,
policy or strategy of the Plan except where required by
•
the Code.
•
87 -81 -MP -
Page 4
C. 1986 Washington County Community Development Code:
1. Article II, Procedure:
Section 202 -2 Type II
§202 -2.1 Type II land use actions are presumed to be
appropriate in the District. They generally
involve uses or development for which review
criteria are reasonably objective, requiring
only limited discretion. Impacts on nearby
properties may be associated with these uses
which may necessitate imposition of specific
conditions of approval to minimize those
impacts or ensure compliance with this Code.
STAFF: The Minor Partition application is being
processed in compliance with standards and
procedural process of the Type II Land Use
Action of the Community Development Code.
Section 207 -6 Conditions of Approval
§207 -6.1 The Review Authority may impose conditions on
any Type II or III development approval. Such
conditions shall be designed to protect the
public from potential adverse impacts of the
proposed use or development or to fulfill an .
identified need for public services within the
impact area of the proposed development.
Conditions shall not restrict densities to less
than that authorized by the development
standards of this Code.
STAFF: The applicant will be required to comply with
all of the applicable Code regulations and
Departmental conditions.
2. Article III, Land Use Districts:
Section 348 AF -5 District Standards:
§348 -1 Intent and Purpose
STAFF: The proposed parcel size conforms to the
minimum lot size of the District (AF -5 acres).
The proposed parcels also conform to the
minimum lot width at street requirements (30
feet) and the access requirement of abutting a
public road.
' 37 -81 -MP
Page 5
3. , Article IV, Development Standards:
Section 410 Slopes and Grading:
STAFF: The applicant has addressed Section 410 -1.4
which relates to geologic study requirements.
The applicant is required to identify the 20%
slopes. If construction will occur on 20%
slopes, then a geologic study is required. The
applicant's site plan shows that there is ample
room on Parcel "B" to accommodate construction
of a dwelling on slopes less than 20% slope.
The geologic study is not required for the
dwellings.
4. Article V, Public Facilities and Services:
Section 501 -7 Limited Application of the Public Facilities
and Service Standards Outside the UGB
501 -7.1 For the purpose of determining the
impact and adequacy of public facili-
ties and service outside the UGB only
this Section of Article V applies.
501 -7.2 For all Type II and Type III applica-
tions, impact on the following public
facilities, including adequacy of
school, fire, and police protection
and public roads shall be considered.
501 -7.3 For the purpose of determining impact
and adequacy of public roads, Section
501 -5.3.D (Sight Distance), 501 -5.3E
(Road Standards), and 501 -9
(Dedication of Right -of -Way) of this
article shall apply.
501 -7.4 Where partitions create less than
four (4) parcels or there is a
request for a Special Use for a
dwelling, the applicant shall not be
required to obtain service letters.
However, in all cases, traffic safety
issues should be addressed by the
County.
STAFF: One additional dwelling will not have an impact
on public facilities and services, except to
public roads.
The impact to public roads is discussed on
Attachment "A ".
87 -81 -MP
Page 6
5. Article VI Land Divisions
Section 610 Land Divisions Outside the UGB
610 -2 Minor Land Partition
Minor Land Partition means a partition of land
subject to approval by the County under this
Article and which does not include the creation
of a street or a road.
STAFF: The applicant has submitted the necessary
material in order to comply with the
preliminary review standards. The request is
subject to the final review procedures listed
in Section 610 -2.3.
IV. CONCLUSION:
The proposed partition conforms to the approval standards as outlined in
Section III.A through C. Parcel sizes which equal or exceed the minimum
lot size of the district are presumed to appropriate.
V. DECISION:
Based on the conclusion above, preliminary approval of the partition is
hereby granted, subject to the following Code regulations and Department
conditions:
A. Prior to Final Partition Approval:
1. Submit (within two years of preliminary approval) two copies
of the following:
a. A subsurface sewage disposal system permit from the
appropriate agency for all the preliminary approved
partitioned lots, or within a recorded instrument
creating the partitioned lot or lots, a statement that
the allowance of the partition does not warrant that
sewer or septic tank approval is or will be available.
b. Where the gross acreage of any parcel proposed for
creation is more than two (2) acres, the applicant shall
cause the necessary copies of metes and bounds legal
descriptions, prepared by a registered professional land
surveyor, of all parcels of the property proposed for
partitioning and proposed to be dedicated to the County
to be submitted . to the County Surveyor, together with any
applicable review and filing fees. The legal descrip-
tions will be approved by the County Surveyor who will
then forward the necessary approved copies to the Land
Development Division. If it is determined that there has
not been full compliance with all applicable require-
ments, the applicant shall be, notified and afforded the
opportunity to make corrections.
87 -81 -MP
Page 7
2. Dedicate additional right -of -way to provide 33 feet from
centerline of SW Bull Mountain Road along frontage.
3. Dedicate additional right -of -way to provide 37 feet from
centerline of SW Beef Bend Road frontage, including adequate
corner radius.
B. Prior to the Issuance of a Building Permit:
1. Obtain an access permit for the new driveway on Parcel "B"
onto SW Bull Mountain Road.
2. Demonstrate that Parcel "B" is served by water from:
a. Tigard Water District - --
b. The existing well on Parcel "A "-
c. A new well which complies with State Order creating the
Cooper Mountain /Bull Mountain Critical Ground Water Area.
C. Miscellaneous Conditions:
1. Access to the site from SW Bull Mountain Road shall be located
at least 50 feet from the corner intersection. There shall be
no access onto SW Beef Bend Road.
2. Any additional dwellings using the existing well on Parcel "A"
shall only use water for domestic purposes and shall not use
any more than necessary with the amount not to exceed 15,000
gallons per day total for all dwellings using the well.
VI. ACTION:
Approval Approval with Conditions Denial
Signature l.�i" C ���L - � `'
Date .1/"A�
William E. Schlecht, Land Development Manager
NOTE: Appeal Information is attached to this report as Attachment "B
87- 81 -MP'
Page 8
VII. ADDITIONAL INFORMATION:
A. The access approved herein meets County development standards
including site distance. This approval does not imply that a legal
right to use the access exists. The question of legal access
involves a determination of private property rights and is a matter
for the courts.
B. In addition to the Ordinance requirements and Conditions listed
above, the applicant must also obtain all building permits and pay
all associated fees including the Traffic Impact Fee as may be
required prior to any development on the subject property,
including but not limited to construction, change of occupancy or
placement of mobile homes on the site.
C. Within thirty (30) days after completion of grading, all surfaces
disturbed by vegetation removal, grading, haul roads, or other
construction activity that alters natural vegetative cover, are to
be revegetated to control erosion, unless covered with impervious
or other improved surfaces. Areas requiring vegetative measures
should be seeded and fertilized by September 1 of each year. If
vegetative measures cannot be adequately established by that date,
erosion devices must keep the sediment on the site and out of
drainageways, streams and other water carrying systems.
D. Section 201 -4 Expiration:
Except as otherwise specifically provided in this
Code, a Development Permit shall expire
automatically two (2) years from the date of
issuance unless one of the following occurs first:
201 -4.1 The Development Permit is revoked as
provided for in Section 201 -7 or as
otherwise invalidated by a body of
competent jurisdiction; or
201 -4.2 An application for an extension is filed
pursuant to Section 201 -5; or
201 -4.3 The development has commenced as provided
in Section 201 -6.
E. If any of the following is required please see: (Telephone No.
648 -8761)
Waiver - Daisy Reed
Right of Way
Dedication - Daisy Reed
Driveway Permit - Receptionist (Permit Counter)
Assurances for: - Scott King
Sidewalks
Road Improvements
Signals, etc.
Facility Permit - Bill Ihly (Operations - River Road)
Drainage - Rick Raetz (Engineering Division)
Construction Plans - Ron Aase (Engineering Division)
for: Sidewalks
Road Improvements
jjt:ss
ATTACHMENT "A"
WASHINGTON COUNTY
Inter— Department Correspondence
Date March 23, 1987
To . 87 -81 -MP
From Paula Calvin, Associate Planner i`C
Subject TRANSPORTATION REPORT - JACK YOUNG SW BEEF BEND ROAD /SW BULL MTN. ROAD
Staff has reviewed the above referenced casefile, viewed the site
for adequacy of transportation facilities and services, and submits
the following findings and recommendations.
FINDINGS OF FACT
1. SW Beef Bend Road is a County major arterial street. Existing
right of way is 20 feet from centerline; required right of way
is 37 feet from centerline.
2. SW Bull Mtn. Road is a County major collector street. Existing
right of way is 30 feet from centerline; required right of way
is 33 feet from centerline.
3. Section 501- 5.1.B.2.(e) of the Community Development Code requires
additional road right of way to be dedicated when the existing
right of way is deficient.
4. Sight distance is restricted on SW Beef Bend Road due to vertical
curves in the road.
5. Section 501- 5.1.B.2.d of the Code requires that adequate inter-
section sight distance be provided at access point.
6. The surface condition of both roads is acceptable.
7. The frontage roads for this site are currently being adequately
maintained by the County.
8. SW Beef Bend Road is a major arterial. No access will be allowed
onto this road.
RECOMMENDATION
1. Prior to Final Partition Approval:
a. Dedicate additional right of way to provide 37 feet from center-
line of SW Beef Bend Road frontage, including adequate corner
radius.
b. Dedicate additional right of way to provide 33 feet from center-
line of SW Bull Mtn. Road frontage.
Transportation Report
March 23, 1987
Page 2
2. Prior to the issuance of a building permit:
a. Obtain an access permit for the new driveways onto SW Bull
Mtn. Road.
3. Access to the site from SW Bull Mtn. Road shall be located at
least 50 feet from the corner intersection. No access onto SW
Beef Bend Road.
JD
�'S
c;:f1. .:r ^ - : WASHINGTON COUNTY ATTACHMENT "B"
} A, DEPARTMENT OF LAND USE AND TRANSPORTATION
p s LAND DEVELOPMENT SERVICES DIVISION CASEFILE #: 87 -81 -MP
' ""`�Y 150 NORTH FIRST AVENUE
`z- W HILLSBORO, OREGON, 97124 648 -8761
APPEAL PERIOD:
������ 3/26/87 TO 5 PM 4/9/87
Mailed Date Appeal Due Date
INFORMATION
Attached is a copy of the Land Use and Transportation Department's Review
Authority decision on your request for .a Development Action.
This decision or a portion thereof (i.e. condition(s)) may be appealed and
a public hearing held by filing a petition for review (appeal) within 14
calendar days of the date written notice of the decision is provided. Only
those persons who made an appearance of record are entitled to file a petition
for review (appeal) of the decision. A motion for Reconsideration also may be
filed (Article II, Section 208) but does not stop the appeal period from
running and is available only as an extraordinary remedy for when a mistake
of law or fact has occurred.
This decision will be final if no appeal is filed by the due date, and a
motion for reconsideration is not granted by the Review Authority.
The Complete file is available at the County Department of Land Use and Trans-
portation for review.
A petition for review (appeal) must contain the following:
1. The name of the applicant and the County case file number;
2. The name of the petitioner filing the petition for review
(appeal);
3. A statement of the interest of the petitioner;
4. The date the notice of decision was sent as specified in
the notice;
5. The nature of the decision and the specific grounds for appeal
(the appeal is limited to the specific issues raised in the
petition for review unless in the case of Board review the
petitioner requests a full or a partial de novo hearing); and
6. The fee of $225.00 for Type II Actions or
the fee of $265.00 for Type III Actions plus the cost of
the completed transcript.
For further appeal information contact APPEAL SECRETARY at the Washington
County Department of Land Use and Transportation. Phone 648-8761.
APPR ED Ae T P FORM
1/87 Assis ent County Counsel
for Washington County, Oregon
CLA. CK)M:AS
MULTNOMAH
WASHINGTON
T
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POR LAND METROAOLITAN, , A ;GO�IERN `it ..8.Q 'tN`QAitr CbI fiRISSµ10
J t tvr f t,rt :�i •
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A .
320 S.W. STARK STREET (SUITE 530) PORTLAND, Of1CCaUN 9120; PI C)fv(' ';'L")-E; 307
April 4, 1984
Tigard Water District
Enclosed please find copy of the Final Order(s) adopted
by the PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY
COMMISSION ON:
•
March 8, 1984
FINAL ORDER NO. (s) : W -314
Sincerely,
Kenneth S. Martin
Executive Officer
KSM/ j k
Enc.
•
•
STAFF: COMMISSIONERS'
KENNETH S MARTIN. Executive Officer CAROL STEELE, Chairman PAMELA RAGSDAL F
GENIE CE WON. Executive Assistant WAYNE ATTEBFRRY, Vice Chairman KATHY SCOTT
CAROL I.UMB. Executive Assistant GREGORY FRANK BARBARA TREvVE
BOB WENL
ANNE NICKEL BOB WIGGIN
SUSAN QUICK
•
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMvIISSION
320 S. W. Stark ( #530) - Portland, Oregon 97204 - Tel: 229 -5307
FINAL ORDER
Re: PROPOSAL NO. W -314 - Tigard Water District Extraterritorial Water
Line Extension
Proceedings on Proposal No. W -314 commenced upon receipt by the Boundary
Commission of preliminary plans from the Tigard Water District on January
31, 1984. The . plans meet the requirements for initiating this action as
provided by ORS 199.464.
Upon receipt of the plans the Boundary Commission published and posted
notice of the public hearing in accordance with ORS 199.463 and conducted
a public hearing on the proposal on March 8, 1984. The Commission also
caused a study to be made on this•proposal which considered economic, demo-
graphic and sociological trends and projections and physical development
of the land.
The Commission reviewed this proposal in light of the following statutory
guidance:
"199.410 Policy. (1) The Legislative Assembly find that:
(a) A fragmented approach has developed to public services provided
by local government and such an approach has limited the orderly develop-
ment and growth of Oregon's urban areas to the detriment of the citizens
of this state.
(b) The programs and growth of each unit of local government affect
not only that particular unit but also the activities and programs of a
variety of other units within each urban area.
(c) As local programs become increasingly intergovernmental, the
state has a responsibility to insure orderly determination and adjustment
of local government boundaries to best meet the needs of the people.
(d) Local comprehensive plans define local land uses but may not
specify which units of local government are to provide public services
when those services are required.
(2) The purposes of ORS 199.410 to 199.519 are to:
(a) Provide a method for guiding the creation and growth of cities
and special service districts in Oregon in order to prevent illogical
extensions of local government boundaries;
(b) Assure adequate quality and quantity of public services and the
financial integrity of each unit of local government;
•
Page 1 - FINAL ORDER
#W -314
(c) Provide an impartial forum for the resolution of local government
jurisdictional questions; and
(d) Provide that boundary determinations are consistent with local
comprehensive planning, in conformance with state -wide planning goals. .
However, when the proposed boundary commission action is within an acknow-
ledged urban growth boundary, the state -wide planning goals shall not be
applied. The commission shall consider the timing,. phasing and availability
of services in making a boundary determination.
199.462 Standards for review of changes; territory which may not be
included in certain changes. (1) In order to carry out the purposes de-
scribed by ORS 199.410 when reviewing a petition for a boundary change, a
boundary commission shall consider economic, demographic and sociological
trends and projections pertinent to the proposal, past and prospective
physical development of land that would directly or indirectly be affected
by the proposed :boundary change and the goals adopted under ORS 197.225."
•
The Commission also considered its policies adopted under the Administrative
Procedures Act (specifically 193 -05 -000 to 193 -05 -015), historical trends of
boundary commission operations and decisions, and past direct and indirect
instructions of the State Legislature in arriving at its decision. •
FINDINGS
(See Findings in Exhibit "A" attached hereto).
REASONS FOR DECISION
(See Reasons for Decision in Exhibit "A" attached hereto).
ORDER
NOW THEREFORE IT IS ORDERED THAT on the basis of the Findings and Reasons
for Decision listed in Exhibit "A ", the Boundary Commission approved
PROPOSAL NO. W -314, the proposed Line Extension from the Tigard Water District
to service the area, more particularly described in Exhibit "B" and depicted
on the map attached hereto. The Boundary Commission took this action on
March 8, 1984, which is the effective date of this Order.
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
BOUNDARY COMMISSION
Date: S 2/— �y By: �e�/eti-e--k� (7_,
Carol Steele
Chairman
Attest: /i ,1
Page 2 - FINAL ORDER
EXHIBIT "A"
Proposal No. W -314
• FINDINGS
•
On the basis of the investigations and the public hearing the Commission found that:
1. The proposal involves the extension of 700 feet of 1" line, and 11U(.) feet of
1" line west from the district's existing 8" main in Bull Mtn, Rd. onto the 2
parcels to be served, The territory to be served consists of two tax lots
containing 6,91 and 9.37 acres. Tax lot 1301 contains..1 single family residence,
an estimated population of 3 and is evaluated at -;$151,100; tax lot 1300 is
vacant and is evaluated at $ 2,100.
2. The petitioners desire public water to serve one proposed dwelling on TL 130()
and an existing dwelling on TL 1301,
3. In September 1980, the Boundary Commission approved two water line extensions
for these applicants to serve the two parcels immediately east of the subject.
parcels, •
4, The territory is located outside of METRO and outside of the acknowledged
regional Urban Growth Boundary,
5, The territory is designated Rural on the Washington County Comprehensive Plan,
Current. County zoning is AF -.5, The zoning would not allow further partitioning
of this property with the availability of these proposed water extensions.
6. The district has an 8ninch line in Bull Mtn, Rd, from which the single service
connections would be extended at the expense of the property owner This
system is adequate to provide the desired service,
7.. The territory is within area of Critical Groundwater Concern as declared by
the State Water Resources Department, and wells for individual houses cannot
be drilled on sites less than 10 acres in size,
8.. The extensions are single service connections to serve'one residence on each
Tax Lot, The extension will not,make water available to any other land,
REASONS FOR DECISION
On the basis of the Finding the Commission determined that;
1, The property owner desires the extensions to obtain domestic water supply for
an existing residence on TL 1301 and a proposed residence on TL 130G,
2. The proposal complies with Corm ty Regional planning,
3.. The district has an 8 -:inch line in Bull Mtn, Rd, from which the single service
connections would be extended at the expense of the property- owner This system
is adequate to provide the desired service,
Page 3 - FINAL ORDER
EXHIBIT "B"
Proposal No. W -314
EXTRATERRITORIAL WATER LINE EXTENSION
Tigard Water District
Description of Plan and Service Area
The Plan provides for the extensions of 700 feet of 1 -inch water line
and 1100 feet of 1 -inch water line from the District's existing 8 -inch
water line in Bull Mt. Road west to the parcels to be served.
The parcels to be served are: Tax Lots 1300 and 1301 of Section 7,
T.2S., R.IW., W.M., Washington County, Oregon.
•
Page 4 FINAL ORDER
. .
, .
•
•
Pro N W - 314
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PROPOSAL NO. W -314
TIGARD WATER DISTRICT
EXTRATERRITORIAL WATER LINE
. EXTENSION
FIGURE 2 2/7 /B4
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD, OREGON 97223 -6290
PHONE (503) 639-1554
January 17, 1984
Jack:
Enclosed are the required forms to submit to the
Boundary Commission. Also, for the water district, you
must agree to a temporary connection.
Please sign the documents and return to me. Also,
there is a fee to the Boundary Commission of $120 that
must accompany the application.
If the application is submitted by February 5th,
the date of the hearing will be either March 8th or 15th.
Please review the application for accuracy. I think
our best shot would be to make application for both lots.
If you recall, Neil Longfellow's application was approved
(for a new house), but that the staff (at boundary commis-
sion) opposed it. We may have trouble again for your new
house.
I think you can get the connection approved for your
existing dwelling. You must give an indication of well
problems, such as pump expense, water quality, water
quantity, etc. The commission has an obligation to ensure
that you get public water if you have any health problem
as a result of the water you are now drinking.
Of paramount importance is whether the county will
approve a building permit. If so, you have them on your
side to begin with.
Anyway, let's give it a try.
I am suggesting 1 -inch meters in both cases. They cost
slightly more ($1,050 each), but you can get more water for
the distance you desire. Also, you may want to put in
slightly larger service lines, but the boundary commission
need not know that. You would want to put 2 lines in the
same ditch.
Good luck.
Bob S.
. • ,
• , 27
k j e-e--LZ 1 77/ 7 7 L ' -
C j 7- SW
TIGARD.WATER DISTRICT
8841 S. W. Commercial Street
Tigard, Oregon 97223
AGREEMENT OF TEMPORARY WATER CONNECTION
• We, the undersigned, Jack E. YOUNG and Meredith C.
YOUNG, husband and wife, deeded owners of the described
property herein, do hereby agree and consent that the
meter(s) to be installed to serve our property located
at 16880 S. W. Bull Mountain Road, Tigard, Oregon (Tax
Lots 1300 and 1301), are temporary connections only and
are for our immediate convenience.
It is further agreed that if and when a water main
extension is installed along any thoroughfare, public or
private, paralleling either the frontage or side of the
property described below, that we, the . undersigned, will
pay our fair share of the cost of the pipeline extension
and the expense of meter relocation, if necessary (w /meter).
This is a covenant running with the land.
Legal Description
Beginning at a point 485.feet• west and 1,330
feet, more /less,.south of the northeast corner of
Section 7, T2S, R1W, W. M., Washington County,
Oregon, which point is also located in the center-
line of S. W. Bull Mountain Road; thence south
900 feet to a point; thence west 820 feet, more
or less, to the centerline of S. W. Bend Road;
thence north along said centerline of S. W. Bend
Road 900 feet to the centerline of said S. W. Bull
Mountain Road; thence east along said centerline
of Bull Mountain Road 820 feet, more or less, to
the point of beginning.
Date:
JACK E. YOUNG
MEREDITH C. YOUNG
Page 1 of 2 Pages
•
•
AGREEMENT OF TEMPORARY CONNECTION (Continued)
STATE OF OREGON
ss
COUNTY OF WASHINGTON )
Be it remembered that on this - day of January,
1984, before me, the. undersigned, a Notary Public in and
foresaid County and..State, personally appeared the within
•named Jack E. Young and Meredith C. Young, known to me. to
be the identical individuals described in and who executed
the within instrument and acknowledged to me that they
executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day last above written.
•
Notary Public for Oregon
My commission expires:
•
Page 2 of 2 Pages
Se 4g ; / 11 ' 4104'
:._ SEE MAP
• • 6 5 2s I 5 ,
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