VAR3-76 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
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400 t1ILBUR BISHOP , • •
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Variance (V 3-76)
12294-96 SW Main Street
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TIGARD
ITY OF TIG A RD
P. 0. Bost 23557
12420 S. W. Main
Tigard, Oregon 97223
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March 24, 1976
Mr. Wilbur Bishop
10590 S. W. Cook Lane
Tigard, Oregon 97223
Reference: File No. V 3-76
Dear Mr, Bishop:
Please be advised that the Tigard Planning Commission, at their
regular meeting of March 16, 1976, considered your request for an
exception to the Tigard Zoning Code to allow a reduced front yard
setback at 12294 SW Main St. and your proposal was approved.
Sincerely,
Dick Bolen
Planning Director
DB:pt
cc: Building Official
Note: The following acknowledgment must be received by the City of
Tigard within four-been (14) days from your 1,eceipt of thi8
letter. VailUre to return this acknowledgment May result in
action by the City of Tigard.
hereby acknowledge this letter documenting the action of the Tigard
Planning Commission. I have received and read this letter and I agree
to the decision here documented and to abide by any tern S and/or con-
ditions attached.
• signa ure
ZEle
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V 3 9
STAFF REPORT
Tigard Planning Commission
March 16, 1976
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V 3 76 (Bishop/front yard)
Agenda Item 5.5
VARIANCE
A request by Wilbur Bishop for an exception to the Tigard zoning
code to allow a reduced front yard setback.
STAFF FINDINGS �.
1. Applicant's front lot line is approximately 3' fi.
behind the
edge of the sidewalk -- which is customarily the front lot
line.
The front yard setback is measured from the property line
(lot line) . The result is that the applicant has a front
yard (from edge of sidewalk to front of building) of some 18'
instead of the customary 10' .
2. The primary purposes of a setback these days is to provide
adequate visual space adjacent the street, for adequate
light, air and open space, and to prevent one structure
from visually 'blanketing" or hiding another.
3. Tigard code (section 18.30.040 and 18.12.050) requires re ua.res a
10' Setback, but does permit a 2' projection into the front
yard area..
4. The 'building lines' in this area is established principally
,'. 1aya�.ticula.rl wall
sincef i thessthenonland loan bu�.ldirig adjacent
(p "' y !mix building adjacent) . The
savings and loan building apparently conforms to the setback
regulation subject of this request.
p
5� The aa�l�.cantrh�SoGbta�.ra.�oer��,o� prow' for adequate parking.
provide f
road right-of-way (for andunspecif�edalength grnofttime) fora hi
.• right-of-way p � ) is
off-street parking however, the long,
... narro.. w c
o
n
figura
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on of
the parking easement does no a allow enou g h room to turn
around, creating a problem with people attempting backing
movements into the street. The only F
solutions staff sees to
that
parking is for en. exit to �be provided at the rear of the
p g ar..a, or for a turnaround area to be notched-in'
to the building site.
6. This parcel predates p S he City}s zoning ordinance and
time of its creation the City code requirements we e at the
� im �� cat in
re n,
existence. The ado p tio n of the Caty t s zoning ordinance with
its parking and setback requirements therefore created certain
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page 2 ,°. ,
. PC Staff Repor 'r,,..
3/16/" 6
item 5.5
hardships for small parcels such as this.
7. Applicant's statement of hardship is attached; please
refer to section 18.76.020 TMC.
STAFF RECOMMENDATION L.
h To be advised
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Purpose of the Recillested Variance:
1. This is a request to vary the required front yard -10' setback
to a l'-6" setback. Such a variance would not be detrimental to
the purposes of the zoning ordinance, nor to the adjacent properties.
• If the variance request is granted, the feasibility of developing
the property as anticipated would be greatly enhanced.
2. The site in question is extremely small and difficult to develop.
There is an 8'-6' strip of land between the sidewalk and the property
line which could be utilitzed as a partial substitute for the re-
quired 10' setback. If the variance, were not allowed, the required
distance from the sidewalk to the building would be 18 '-6". This
• is a tremendous amount of land to set aside for such a small site,
(almost 1/3 of the site) .
3. Although some other properties in the vicinity have the same
requirements, neither the savings and loan or the market on this
side of Main street are faced with the size restriction of this
site. The variance requested will, if granted, anable an attractive
development of the property,
4. This variance would not be detrimental or contrary to the pur-
pose of the zoning ordinance. in fact, it would enable the owner
to upgrade the property to enhance the City' s desired improved
appearance of Main Street. The one problem created by virtue of
the granting of the variance is that the freestanding savings and
loan sign may not be as Visible to northbound traffic. However,
• the view of the building sign would not be obstructed.
5. In light of the 8 '-6" strip between the sidewalk and the property
line, this request would seem to be in keeping with the intent of
the zoning setback requirement. Because of the small Size of the
site the variance requested iS necessary.
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MINUTES 1, V
Tigard Planning Commission
March 16, 1976 - 7:30 p.m.
Twality Junior High School - lecture room
14650 SW 97th Ave. , Tigard, Oregon
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1. CALL TO ORDER: The meeting was called to order at 7:40 p.m. by
Commissioner Popp in the absence of Chairman Porter.
1 2. ROLL CALL: Present: Moore, Nicoli, Popp, Sakata, Wakem, Goldbach;
staff: Bolen and Laws
Absent: Porter and Ems
3. APPROVAL OF MINUTES: The minutes of 3/2/76 were approved as read.
4. COMMUNICATIONS: None.
5. PUBLIC HEARINGS
5.1 CONDITIONAL USE CU 10-76 (Scherr)
A request by Michael Scherr for permission to operate a
billiard parlor and equipment sales establishment at 12760
SW Pacific Hwy.
• (continued from March 2, 1976, meeting)
Staff Report: read by Bolen - reiteration of the staff
findings of the 3/2/76 meeting
B. Applicant Presentation:
o Mr. Scherr stated that he had made a parking lot
survey at the hours of 12:00, 3:00 and 6:30 p.m.
at which time he stated that at no time was there
fewer than 30 vacant spaces during the weekdays
and during the weekend there were a minimum of 15
spaces available.
o Mr. Jim Sutton, speaking on behalf of Mr. Schen-,
pointed out to the Commission that an additional 14
spaces were available on the adjoining tax lot for
the proposed use.
C. Public Testimony: None.
D. Staff Recommendation: DENIAL, bused on findings stated
in the staff recommendation of
3/2/76.
E. Rebuttal:
o Sutton stated that with the additional 14 parking
stalls sufficient parking needs would be met for
the proposed facility.
L .
page 2
PC Minutes
March 16, 1976
F. Commission Discussion and Action:
o Nicoli stated that he felt that staff was saying
that any owner of the subject property could not use
the site because there would be insufficient parking
to meet the off-street parking requirements of the
Code.
o Sakata stated that the proposed use would generate
• more parking needs than were available on the site.
o Wakem asked staff that, given the 14 additional parking
spaces, how much short would off-street parking needs
be?
o Popp stated that, upon his observation of this site,
he saw that at no time would there be a parking
problem and that he could not deny a request based
on lack of parking.
o Nicoli moved for approval on the findings that there
was a community need, that sufficient parking existed
on the site, that no adverse traffic effects would,be
created on Pacific Hwy. and that the applicant had
shown that there were no other suitable sites available
to operate his business.
o Seconded (Popp) .
o Motion failed by a 4-2 count - Nicoli and Popp, aye ;
Sakata, Goldbach, Wakem and Moore, no.
o Mr, Schorr was informed of his right to appeal the
Planning Commission decision toe City Council.
5.2 ZONE CHANGE ZC 8-75 (NPO #3)
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Request for approval of rezoning of lands within the boundaries
of NPO #2 Plan for Derry Dell-Foot of Bull Mountain Area to
conform with the adopted Comprehensive Plan, as amended.
A. Staff eport: read by Bolen. Bolen gave a brief explanation .
of the intent of the zoning proposals to
bring lands into conformance with the
adopted NPO #3 land use plan,
B. Public Testimony
o Attorney Lou Fasano, speaking on behalf of property
• owner Dan Pollock, stated that his client had not
received notice of the rezoning hearing. •
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page 3
PC Minutes
March 16, 1976
o Wakem asked Fasano if his client was opposed to the
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• rezoning.
o Fasano responded affirmatively, because his client
was losing a unit per acre under the proposed re-
, zoning and it becomes a matter of economics.
C. Staff Recommendation
o Staff recommended APPROVAL on the condition that the
rezoning not be sent along to the City Council until
an R-10 zone has been .acted upon by the Planning
Commission.
• o Nicoli recommended tabling this item.
• Sakata motioned to postpone until the Commission can
act on the R-10 zoning ordinance amendment.
o Seconded (Nicoll) .
o Approved unanimously.
5.3 CONDITIONAL USE CU 11-76 (Tigard Community Youth Services)
A request by Tigard Community Youth Services, Inc. to oper-
ate a youth counseling center in a C-3 (general commercial)
zone at 13400 SW Pacific Hwy. (Wash. Co. tax map 251 2CC,
tax lot 100) .
A. Staff Report: read by Laws.
B. Applicant Presentation
o Pat Furrer, attorney for the applicant, presented
the request for the youth counseling center, pointing
out the established community need for such a facility.
o Mike Pieracci, counselor for the proposed center,
stated the program hours of operation would be from
noon until 800 p.m.
C. Public Testimony
o Larry Shannon, the Board Chairman of the Tigard Youth
Services, thanked the people of Tigard for their
assistance in the proposed youth counseling center.
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Di Staff
Recommendation: h
endation: APPROVAL with the following conditions
1. That a conditional use permit be granted for a
period of one (1) year.
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k page 4
PC Minutes
3/16/76
2. That if the applicant desires an extension of the
permit at the end of the 1 year limit, the site
would be subject to full site improvements, to
include landscaping and paved parking areas to be
approved by the Design Review Board.
E. Rebuttal: None.
F. Commission Discussion and Action
o Nicoll stated that he disagreed with staff's one
year conditional use proposal on the basis that it
would be dictating the Commission's action at which
time this conditional use proposal would be subject
to review and subsequent renewal.
% I o Wake m moved for approval with staff recommendations.
0 Nicoli seconded.
o Unanimously approved.
5.4 VARIANCE V 2-76 (Hakola)
•
A request by Jerry Hakola to grant an exception to the TMC
Section 18.30.040 - Front Yard Setback Requirements and
Section 18. 60.120 - Minimum Space Requirements for Off-
street Parking in a C-3M (General Commercial Main St. ) zone
at 12380 SW Main St. (Wash. Co. tax map 2S1 2AB, tax lot 4000) .
o Mr. Nicoll excused himself from sitting in on this item,
stating that he had had exparte contact with the applicant.
A. Staff Report read by Bolen.
• B. Applicant Presentation
o Charlotte Olson o designer for the proposed project,
stated the reasons for the variance request and
answered verbally the hardship questions as they
pertained to Section 18,76.020 of the TMC.
• C. Public Testimony: None.
D. Staff Recommendation: APPROVAL, subject to the condition
that, contingent upon the construction of a municipal
parking lot on the present feed store property at
Main and Tigard Streets, Mr. Hakola would agree to
provide his share of the construction costs of such
a project. Hi 8 share of the 008'b would be for the
construction of 4 parking stalls.
page 5
PC Minutes q,
3/16/76
E. Rebuttal
0 Staff read into the record a letter from Charles
McClure, (Main St. property owner) in favor of the
proposed project. In addition to Mr. McClure 's
approval, staff informed the Commission that Mr.
Ralph Peters (Main St. property owner) had stated
his approval of the project as well,
• F. Commission Discussion and Action
A
o Wakem made a motion for approval of the front yard
setback variance of 2i ft. , waivering the parking
lot requirements and subject to the condition as
stated by staff.
' t o Seconded (Moore) .
o Unanimously approved.
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5.'5 VARIANCE V 3-76 (Bishop)
A request by Wilbur Bishop to grant an exception to the
Tigard Municipal Code, Section 18.30.040 - Front Yard Set-
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back Requirements in a CS-3M zone (general commercial Main
St. ) , located at 12296 SW Main St. (Wash. Co. tax map
2S1 2AA, tax lot 5000) .
A. Staff Report: read by Bolen
B. Applicant Presentation:
o Tom Whittaker, architect for the project, commented
on items in the staff report and stated the intent
of the variance, mentioning the reason 6 for the
hardships on the subject property. He further stated
• that there was room to maneuver cars in the area
shown on the submitted site plan without backing out
onto Main St. This would require, however) approxi-
niately 4 maneuvers to accomplish the turn. Whittaker
further stated that this was a request for a setback
variance and not a parking variance, although a problem
with parking does exist.
o Wilbur ishop, the applicant, explained to the Com-
missioners the setbacks from the property lines to
the existing buildings (both tishopis property and
Washington Federal Savings & Loan) .
O. Public Testimony
o Staff read into the record a letter from Charles
page 6
PC Minutes
3/16/76
McClure' (Main St. property owner) stating his
• . approval of the proposed project.
D. Staff Recommendation: APPROVAL
E. Rebuttal: None
F. Commission Discussion and Action
o Wakem moved for approval of the variance to encroach
8i ft. into the right-of-way on the basis that the
proposed project was highly desirable.
o Seconded (Sakata) .
o Unanimously approved.
5. 6 SIGN CODE REVISION SCR 1-76
A proposal to amend the Tigard Sign Code (Chapter 16, TMC)
. to establish free-standing sign size standards according
to traffic speed and number of travel lanes and to eliminate
free-standing sign size restrictions based on lot frontage;
also to reduce the maximum permisiible height to 25 ft.
A. Staff Report
o Bolen explained to the Commissioners the intent of
the proposed revisions as they pertain to
1. free-standing signs
2. wall signs
3. signing in shopping centers and commercial plazas
4. window display signs
5. awning, canopy and marque signs
6. incidental signs
• Public Testimony: None
• C. Staff Recommendation:
Staff recommended that the comments made by the Com-
missioners during the course of discussion on the sign
code be taken and incorporated within a redrafting of
the sign code.
• D. Rebuttal: None
E. Commission Discussion and Action
P
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page 7
PC Minutes
3/16/76
o Sakata motioned to continue the hearing on the sign
code revision at a later Planning Commission hearing.
o Seconded (Goldbach) .
o Unanimously approved.
5.7 ZONING ORDINANCE AMENDMENT ZOA 2-76
A proposed amendment of the Tigard Zoning Code to amend
chapter 18.20 to include a new zoning classification for
3 dwelling units per acre (R-10) .
Staff informed the Commission that a public hearing notice
had not been given in the local newspaper and therefore
• should not be heard at this time and that this item should
be heard concurrently with the NPO #3 rezoning at the next
Planning Commission meeting of 4/6/76.
6. OTHER BUSINESS
, 6.1 CONDITIONAL USE REVIEW Cu 21-75
Conditional use review of Georgia-Pacific Corporation's
bake-out oven.
o Laws informed the Commission that a condition of the
permit for a bake-out oven on the Georgia-Pacific site
was that it be subject to review within 90 dayS after
operation had begun. Providing that no deleterious
effects had been generated from the use of this oven,
• the conditional use permit would remain in effect.
o The Commission chose to postpone action on this matter
until Commissioner Ems was present to comment on this
item.
7. ADJOURNMENT: 11t00 p.m.
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CHARLES J. IVIrCLUR.E RECEIVED
ATTORNEY AT LAW
12425 S.W.MAIN STREET MAK 113 1976
POST OFFICE Box 23215
TIGARD, OREGON 97223 CITY OE TIGARD
TELEPHONE (603)639-4108
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March 16, 1976
s7
kfr!
Planning Commission
City of Tigard
Tigard, Oregon 97223
Re: Hearing - March 16, 1976, on
Variance V 3-76 (Bishop)
Lady and Gentlemen;
I am the owner of the building at 12425 S. W. Main Street.
This is to advise you that I am in favor of the variance requested by
Mr. Wilbur Bishop, and that I believe the granting of the same and
his construction of a building on the property site will be a welcome
addition to the Main Street area. Further, it is my personal feeling
that spocial consideration should be given to the owners of small
sized oil' odd shaped commercial lots in this area to make them
buildable if at all possible.
Very truly yours,
4.42442>M4,111,44.1.---/_,f7
Charles j, IVIC(04,ure cir
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AFFIDAVIT OF MAILING
STATE OF OREGON )
4. , County of Washington. ss.
City of Tigard .
. ..
I, Patricia A. Trachsel , being first duly sworn, on
1 oath depose and say:
. (
,
That I am Secretary for the Planning Department
for the City of Tigard, Oregon.
That I served notice of hearing of the Tigard
Planning Commission
of which the attached is a copy (Marked Exhibit A) upon each
of "he following named persons on the ___ te day of
1/ 4/.. , 197L , by mailing to each of them at the
address shown on the attached list (Marked Exhibit B) , said
notice as hereto attached, deposied in the United States
Mail on the qft day of
. ,
• • postage prepaid-
. .
4 I
, Subscribed and sworn to before me on this '" day of
. ,
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My coruni8sion expires:
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NOTICE OF PUBLIC HEARING
AGENDA
Tigard Planning Commission
March 16, 1976 - 7:30 p.m.
Twality Junior High School - Lecture Room
14650 SW 97th Avenue, Tigard, Oregon
1. CALL TO ORDER:
2. ROLL CALL:
3. APPROVAL OF MINUTES: ,
4. COMMUNICATIONS:
5. PUBLIC HEARINGS:
5.1 ZONE CHANGE ZC 3-76 (NPO #3)
Request for approval of rezoning of lands within the boundaries
of IINPO #3 Plan for Derry Dell-Foot of Bull Mountain Area" to
conform with the adopted Comprehensive Plan as amended.
5 VARIANCE V 2-76 (HAKOLA)
A request by Jerry Hakola to grant an exception to the Tigard
Municipal Code Section 18.30.040 - Front yard setback require-
ments and Section 18.60.120 - Minimum Space Requirements for
Off-Street Parking in a C-3M zone (general commercial Main St. )
at 12380 SW Main St. (Wash. Co. tax map 251 2AB, tax lot 4000) .
5. CONDITIONAL USE PERMIT CU 11-76 (Tigard Community Youth Services)
A request by Tigard Community Youth Services, Inc. to operate
a youth counseling center in a C-3 (general commercial) zone
at 13400 SW Pacific Hwy. (Wash. Co. tax map 2S1 2CC, tax lot 100) .
• 5.4 VARIANCE V 3-76 (BiShoP)
A request by Wilbur Bishop uo grant an exception to the Tigard
Municipal Code, Section 18.30.040 - Front Yard Setbaok Require-
ments - in a C-3M zone (general commercial Main St. ) , located
at 12296 SW Math St. (Wash. Co. tax map 251 2AA, tax lot 500) .
•
6. OTHER BUSINESS
7. ADJOURNMENT:
t
•
Meetings of the Tigard Planning Commission are governed by provisions pf Title 2
of the Tigard Municipal Code prid QRS chapter 2?7. Under thoSe statutes, certain
standards are established for the conduct of public meetings,
It is the policy of the Planning Commission to adhere to a format in the Public
Hearing process that is designed to affovd the applicant and any objectors an
opportunity to be had and to allow the Plapnin& coMMission the opportunity to -
obtain sufficient factual and subjective inforMatioll Qr Which to has their
decision. Accbrdingly, the following format will be f9llowe0
Public HearitigAggned
A. Staff Report
B. Applicant's Presentation
C. Public Testimony
D. Staff Recommendations
E. Rebuttal/Cross Examination
Public Hearing_plosed
F. Commission Discussion and Action
•
A recorded transcript is kept of all Planning Commission meetings and a transcribed
text can be made from that record, should anyone so depire, but at their own time & cost.
All testimony offered in a public hearing must b identifiAle,so, befOre testifying,
please address the president of the Planning Commission and identify yourself.
Any testimony offered is subject to cross exaMlnatlon and/or rebUttal, so be Pre-
• pared to defend your position.
All actions of the Planning Commission MVst be based on findings under provision
of ORS Chapter 215,055, Generally those findings will be made with respect to
particular conditions or circumstances of the site and the proposal and will
address the following points:
1. Comprehensive Plan conforMance;
2. Changes in local condition Or prtVious error supporting 4PPli"Int°8
request;
3, impact on adjacent properties and on the community;
• 4. Availability of other suitable locations;
5. Impact on public services and facilities;
6, Community need
•
•
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ZONE CHANGE -- CONDITIONAL uSE - VARIANCE TEMPORARY ..JE. NON7CONFORMING
USE REQUESTS .
• APPLICATION File `
• Fee Rec 'd,' ,/.:2 -; °=--
Tigard Planning Commission 639-4171 . Receipt # 3 7< /
12420 SW Main St: , ,Tigard, Oregon 97223 •.-•�- --��- ------
Date Rec 'd: ' 3 - 37 '7,
, •
PLEASE PRINT. zl INK OR TYPE
Action Requested ' VARIANCE BuildinSback `
1 , . Applicant's Name WILBUR A. & MARTHA E. BISHOP Phone 639-1052 • .
\; r
Applicant's Address 10590 S.W. Cook Lane. Ti:ard Ore!.on 97223' " • .. `
, •,` scree , city t
sate zip
• owner's Name WILBUR A.& MARTHA. E. BISHOP , . Phone' 639--1052,
./ '
Owner's Address 10590 S„W. Cook Lane, Tigard, Oregon • 97223 2 '
cr
see city state zip
Applicant is:. Owner X Contract Purchaser Developer Agent
Other •
Owner Recognition of application: • ��i,�-fit ,� _ J - ' �� .
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• 'a re, o owners i
f
Person res p onsible for ap p lice tion
WILBUR 'BISHOP' �;•
10590 S.W.-Cook Lane, Tigard, Oregon 97223
wtree state zi
... — — -
,_.'
PROPERTY INVOLVED: Tai Ma p # 2812 AA Tax Lot C0...
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Addre s s, ,,12294.& 12296 .11. ria.n.�Street_ igarc a won Area b 04.
(acres)war. ..:�.,_ .
`existing Buildings (# and type), 5 rues
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Current
• zonin g CbMr { ' Current en
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Applicant's Applicant's: No Change Proposed Zoning
Proposed Use apit. r , ssioNAB 1
SUBMISSION REQUI* D+ I ...T8 Title Report ' ' -tr t • Agits
liegal Description Vibinity Map
•
Tax Map site DeVe1opinent Plan
e,"- Site Plea
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„ ' '. Paling Bureau for Tille insurance Companies In()Jerson
Standard Coverage Policy Form Revised 7-74 FORM NO 0-4000
Policy of Title Insurance ,
issued by
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, iransamermaIiIo I Compaiiy
. .
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•
a California corporation, hereinafter called the Company, for a valuable consideration paid for this policy
r of title insurance, the number, date, and amount of which are shown in Schedule At does hereby insure
the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured,
or if a corporation, its successors by dissolution, merger or consolidation, against direct loss or damage
not exceeding the amount stated in Schedule A, together with costs, attorney's fees and expenses which
the Company may be obligated to pay as provided in the Conditions and Stipulations hereof, which the
Insured.shall sustain by reason of:
, f
; 1, Title to the land described in Schedule A being vested,at the date hereof,otherwise than as herein stated;or
•
•
2, Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarket=
•
ability exists because of defects, liens, encumbrances,or other matters shown or referred to in Schedule B; or
3, Any defect in, or lien or ehcumbrance on, said title existing at the date hereof, not shown or referred to in
Schedule B, or excluded from coverage in the Schedule of Exclusions from Coverage; or
4, Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, the
owner of which is insured by this policy,but only insofar as such defect affects the lien or charge of such mortgage
or deed of trust upon said land;or
5, Priority,at the date hereof,over any such mortgage or deed of trust, of any lied or encumbrance upon said land, ,
except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority,
Exclusions from Coverage and the Conditions and 5
• , all sub ect however,to the Schedule of E. g Conditions Stipulations hereto annexed,
' ) t t ,,
which,together with Schedules A and B are hereby made a part of this policy,
hi iWttness Whereof,f, the Company l
an " has caused its corporate name to be hereunto affixed by its duly
authorised ()liken on the date shown in Schedule A, '
,
iansameiica h u e Insurance Cen pany
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Prenident r.
. . .
Secretary •
. .
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•
FORM NO, 0.4000.1
RATING BUREAU FOR TITLE INSURANCE COMPANIES IN OREGON
STANDARD COVERAGE POLICY FORM REVISED 7+74
SCHEDULE A
,Amount ,$ , Premium $ 7 0, 00 Policy No, 21-0248 .
Effective Date September 23, 1975 at 5 : 00 P. M,
INSURED
'r.
MARTHA E. BISHOP and WILBUR A. BISHOP
u '
The fee.simple title to said land is,at the date hereof,vested in
MARTHA E. BISHOP and WILBUR A. BISHOP,
The land referred to in this policy is described as
See en6losed Exhibit "A" .
sk
•
1
Order No. 21-0248
EXHIBIT "A "
Beginning at the most Westerly corner of MORIN'S ADDITION, (now
• vacated) , to the City of Tigard, Washington County, Oregon, said
point also being the common point of the centerline of Pacific
Highway West and the Northerly right of way line of the Southern
Pacific Railroad in Section 2, Township 2 SoUth, Range 1 Weet, of
the Willamette Meridian, Washington Coanty, Oregon; thence from
said point of beginning in a SoUtheasterly direction along said
Northerly railroad right of way 100.36 feet, more or less to a point
which is also the most Westerly point, along the said railroad
right of way, deeded to Washington Federal Savings and Loan Assoc-
iation, recorded May 20, 1968, in Book 695 at page 170, Washington
County, Oregon, Deed Record, thence in a Northeasterly direction
perpendicular to said railroad right of way line a distance of
• 35 feet, more or less, to a point on the Southerly line of Lot. 2,
MORINS ADDITION to the City of Tigard (noo vacated) ; thence North7
westerly along the South line of said Lot 2 to a point in the
center of Pacific Highway West when said Southerly line of Lot
• 2 is extended; thence Soullh 47° 55 West along said center line to
the point of beginning.
-*•.>:w..._;-to-•..:.:+'::C-:.....,..._.-,...x=,.::..:..•:..::u..L!:...�:.._e4 ,a.r...:s,::,;,,:-. ._.:-a+a.-:x•F:Kx.hi:.:;;..::J";.�:;o-7w.'...;r9,t;E',i::ti &;nLie3vi2 r.:c:':.Z':.,�..;::r.:,tti,:ro[ux...:.-.at'rrox:':i'e-..7-.,..x..�Y«,._..era::ac:-=:.a::...,s.:j°�:;,..:m•:w„G:...:...r�:r.�
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• FORM NO., 0-400042M ...
RATING BUREAU FOR TITLE-INSURANCE COMPANIES IN OREGON
STANDARD COVERAGE POLICY FORM REVISED 7-74 - -
STANDARD LEASEHOLD'POLICY FORM REVISED 9-74
SCIIE[;)ULI ,I.
This policy does not insure against loss or damage, nor against costs, attorney's fees or expenses, any or •
all of which arise by reason of the matters shown or referred to in this ,Schedule except to the extent that
the owner of any mortgage or deed of trust is expressly ihsuresi on page 1: of this policy.
Part 1
1, Taxes or assessments which sire not she►wh As existing liens by.the records of any taxing authority that
levies taxes or 11Aties5111(tnts on real property'or by the public:records; proceedings by a public agency which
may result in taxes Or assessineuts,or notices of such proceedings, whether or not shown by the records of
• . such agency or by the public records.
2, Any facts, rights, interests, or claims which are not shown by tire public records btu which could be
ascertained by arr inspection of Said latni Or by rh:tk lag inquiry of persons in possession thereof,
3, Easements liens or encumbrances, or claims thereof,which itiC not shown by the public records; trnl►itt-
i , by public 1 .
'' enteel Mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof;
water rights,claims or title to water,
4. Discrepancies, conflicts irr boundary lines, shortage in area, encroachments or any other facts which a
correct survey would disclose.
• PART II; Liens, encu►itbrances, defects and other matters affecting title to said land or to which said title
is sub,je t, as hereinafter sot forth:
The rights of the public in and to that portion of the above
property ptOpOrty lying within. the limits of S ,w: Main
Street
Policy No , 21-0248/sk -
1 •
•
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•
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HOMEOAA ' ER'S ADDITIONAL PROTECTION INtrORSEMENT
. Issued By
Transamerica Me Insurance Company .
The Company, recognizing the current effect of inflation on real property valuation
and intending to provide additional monetary protection to the Insured Owner named
in said Policy, hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said Policy td the contrary, the amount
of insurance provided by said Policy, as stated in Schedule A thereof, is
subject to cumulative annual upward adjustments in the manner and to the extent
hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01
a.m. on the first January 1 which occurs more than six months after the Date
of Policy, as shown in Schedule A of the Policy to which this Indorsement is
attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined
above, by increasing the maximum of insurance provided by said Policy
(as said amount may have been increased theretofore under the terms of this
the same percentage,. any, by which the United
1Stagy s Depart-
ment of Commerce Composite Construction Cost Index (base period 967)ef the
Indorsement) by
m mp '
.
• month of September in preceding the highest Index number for
month September immediately previous year which is subsequent to Date of
Policy; provided, however, that the maximum amount of insurance in force shall
never exceed 150% of the amount of insurance stated `
` in Schedule A of said Policy,
less the amount of any claim paid under said Policy which, under the terms of
the Conditions and Stipulations, reduces the amount of insurance in force.
There shall be no annual adjustment in the amount of insurance for years in
which there is no increase in said Construction Cost Index.
settlement of any the Company under said Policy, the
4. In the fan claim against
amount of insurance in force shall be deemed to be the amount which is in
force as of the date on which the claimant aimant first learned of the
insured
or possible assertion of such claim, or as of the date of receipt by
the Company of the first notice of such claim, whichever shall first occur.
g g . .. .
•
Nothing contained shal:L.be construed as extend or changing the effective,
date of said Policy.
This indorsement is made a part of saidP Policy to the schedules, con-
ditions
This licy and is subject
and stipulations therein, except as modified by the provisions hereof:
lnnsamericabfle Insurance Company
\W. Ns& h
tlt
der
Preetden
; th A
T/A indorsement Form No. 0 T/A-2 144;4140110.49'
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