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LLA2011-00001 NOTICE OF TYPE I DECISION c j ® LOT LINE ADJUSTMENT (LLA) 2011-00001 & 2 MITCHELL LINE ADJUSTMENTS svcAR.D: 120 DAYS = December 8, 2011 SECTION I. APPLICATION SUMMARY FILE NAME: MITCHELL LOT LINE ADJUSTMENTS CASE NO.: Lot Line Adjustment (LLA) LLA2011 -00001 Lot Line Adjustment (LLA) LLA2011 -00002 PROPOSAL: The applicant is proposing to adjust two (2) lot lines, which will reconfigure three (3) different lots. The three lots are located within the City of Tigard's Incorporated Boundary in the R -3.5 zoning district. Lot #1 (Mitchell) is 49,905 square feet and will become 56,033 square feet, Lot #2 (Palm) is 51,725 square feet and will become 50,800 square feet, and Lot #3 (Frederick) is 61,071 square feet and will become 55,468 square feet. APPLICANT: Michael W. Mitchell 14325 SW 97 Tigard, Oregon 97224 OWNERS: Lot 1: Michael W. Mitchell Lot 2: Roy. D. Palm 14325 SW 97` Ave. 14405 SW 97 Ave. Tigard, OR 97224 Tigard, OR 97224 Lot 3: Scott & Kathleen Frederick 9755 SW Inez Street Tigard, OR 97224 LOCATIONS: LOT 1: WCTM 2S111BA, Tax Lot 01700 (14325 SW 97 Avenue) LOT 2: WCTM 2S111BA, Tax Lot 01600 (14405 SW 97 Avenue) LOT 3: WCTM 2S111BA, Tax Lot 01500 (9755 SW Inez Street) COMPREHENSIVE PLAN AND ZONING DESIGNATIONS: R -3.5: Low - Density Residential District. The R -12 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee APPROVES the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION PAGE 1 OF 5 LLA2011 -00001 & 2 LOT LINE ADJUSTMENTS CONDITION OF APPROVAL AFTER RECORDING THE LOT LINE ADJUSTMENTS, THE FOLLOWING CONDITION SHALL,BE SATISFIED: The staff contact shall be John Floyd in the planning division at 503 - 718 -2429. 1. The applicant shall submit a copy of the recorded lot line adjustment survey map to the City of Tigard planning division within 15 days of recording and within 18 months of this decision and shall be completed prior to the issuance of any building permits on the re- configured lots. THIS APPROVAL SHALL BE. VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The proposed lot line adjustments are for the common boundaries between three lots within the City of Tigard's incorporated boundary. Each lot is zoned R -3.5, contains a single - family dwelling, and is owned by a different party. Lots 1 (Tax Lot 1700) and 2 (Tax Lot 1600) have driveway entrances on SW 97 avenue, Lot 3 (Tax Lot 1500) has driveway access to SW Inez street. Proposal Description: As demonstrated in Exhibit "A" to this decision, the applicant is proposing to adjust two (2) lot lines, which will reconfigure three (3) different lots. The stated purpose of the adjustment is to realign common property lines with historical fence lines. Lot #1 (Tax Lot 1700) is 49,505 square feet and will become 56,033 square feet, Lot #2 (Tax Lot 1600) is 51,725 square feet and will become 50,800 square feet, and Lot #3 (Tax Lot 1500) is 61,071 square feet and will become 55,468 square feet. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the following standards for approval of a lot line adjustment request: Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No new lots will be created as part of this adjustment; three (3) lots exist and three (3) lots will remain after the proposed lot line adjustments. The minimum lot size in the R -3.5 zoning designation is 10,000 square feet per unit. This standard is satisfied. By reducing the lot size the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; Lots two and three will be reduced in size, and both will conform to minimum lot size requirements. The two lot lines being adjusted do not create a violation of setback standards. Therefore, this standard is satisfied. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: ♦ The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; NOTICE OF TYPE I DECISION PAGE 2 OF 5 LLA2011 -00001 & 2 LOT LINE ADJUSTMENTS ♦ The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; s Each lot created through the partition process shall front a public right -of -way by at least 15 feet or have a legally recorded minimum 15 -foot wide access easement; and o Setbacks shall be as required by the applicable zoning district. In the R -3.5 zoning district the minimum lot width is 65 feet, the minimum lot area is 10,000 square feet and setbacks of 20 feet for the front, 15 feet for the rear and 5 feet for the sides. The distance from the property line to the garage is a minimum of 20 feet. As demonstrated in Exhibit "A" to this decision, the adjustment will result in Lot 1 having an average lot width of 169.78 feet, Lot 2 will have an average lot width of 153.94 feet, and Lot 3 of having an average lot width of approximately 164 feet. All will exceed the minimum lot width requirements of the zone, and all lots front a public right -of -way to approximately the same width. The adjustment will result in three lots in excess of the minimum lot size requirement of 10,000 square feet. Lot 1 will become 56,033 square feet in size. Lot 2 will become 50,800 square feet in size. Lot 3 will become 55,468 square feet in size. The adjusted lines will not affect front and rear setbacks, and the structures located near the two adjusted lot lines will exceed the minimum setback requirement of 5 feet. The resulting parcels are, therefore, in conformance with the dimensional standards of the R -3.5 zoning district. With regard to flag lots: o When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. ♦ A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. There are no flag lots associated with this application. Therefore, this standard does not apply. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire- fighting capabilities. The existing lots all front on SW 97 Avenue. This standard does not apply. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. No common drives are proposed. This standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress and Circulation. Access ways to the affected lots remain unaffected. This standard does not apply. Exemptions from dedications: A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right -of -way dedication is required. Floodplain, greenway or right -of -way dedication is not required as part of this application because the proposed lot line is not considered a development action. The proposed lot line adjustment is exempt from any dedication requirements. Variances to development standards: An application for a variance to the standards prescribed in this chapter shall be made in NOTICE OF TYPE I DECISION PAGE 3 OF 5 LLA2011 -00001 & 2 LOT LINE ADJUSTMENTS accordance with Chapter 18.370, Variances and Adjustments. The applicant has not requested a variance or an adjustment with this application. This standard does not apply. FINDING: Based on the analysis above, staff finds that the proposed Lot Line Adjustments between Lots #1, #2 and #3 meet the applicable criteria. Section 18.410.050 Recording Lot Line Adjustments: A. Recording requirements. Upon the director's approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City of Tigard, to be incorporated into the record. B. Time limit. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City of Tigard within 15 days of recording and shall be completed prior to the issuance of any building permits on the re- configured lots. FINDING: A condition of approval will ensure that the lot line adjustments meet the recording and time requirements of this standard. The applicant shall submit a copy of the recorded lot line adjustment survey map to the city within 15 days of recording and within 18 months of this decision and shall be completed prior to the issuance of any building permits on the re- configured lots. SECTION V. PUBLIC COMMENT Three letters dated June 22, June 24, and August 5, 2011 were received from Paul Norr, an attorney representing James Evans who owns property at 14285 SW 9th Avenue (Tax Lot 1800), which adjoins the Mitchell property to the north. The comment letters relate to a boundary dispute between Mr. Mitchell and Mr. Evans. Mr. Mitchell has presented survey records that locate the property line in an alignment that places a portion of Mr. Evan's house and all of his driveway on the Mitchell property. Mr. Evans, through his attorney Mr. Non, strongly disagrees and objects to approval of a lot line adjustment that "accept[s] Mr. Mitchell's claim of ownership to a portion of the Evans house." Furthermore, Mr. Norr states that the lot line adjustment cannot be approved "because the applicant has not adequately demonstrated that he owns all of the property he claims to own." Staff response: The applicant has submitted a record -of- survey and revised legal descriptions for the affected properties. These documents were prepared by a registered professional land surveyor and verify the legal descriptions and location of the property line in dispute. Historical possession and duration of tenancy aside, the applicant has not submitted evidence that the record of survey is maccurate. Because the proposed lot line adjustment does not adjust or affect the northerly lot line in dispute, and because the large lot sizes involved enable Mr. Mitchell to satisfy all development standards regardless of where the northern boundary is determined to be, any future configuration of the parcel as a result of civil action or a subsequent lot line adjustment is expected to conform to current development standards. As a result, staff finds the basis for the objection to be not applicable to the proposed adjustment. SECTION VI. PROCEDURE AND APPEAL INFORMATION Notice was mailed to the applicant and owners Final Decision: A Lot Line Adjustment is a Type I procedure. As such, the director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The director's decision may not be appealed locally and is the final decision of the city. THIS DECISION IS FINAL ON AUGUST 10, 2011, AND BECOMES EFFECTIVE ON AUGUST 11, 2011. NOTICE OF TYPE I DECISION PAGE 4 OF 5 LLA2011 -00001 & 2 LOT LINE ADJUSTMENTS Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 718 -2429. August 10, 2011 PREP% ' D BY: John Floyd DATE / Associate Planner NOTICE OF TYPE I DECISION PAGE 5 OF 5 LLA2011 -00001 & 2 LOT LINE ADJUSTMENTS I PROPOSED PROPERTY LINE ADJUSTMENTS LOCATED IN A PORTION OF LOT 32, TIGARDVILLE HEIGHTS, I j AND IN THE NORTHWEST 1/4 OF SECTION 11, T2S, R1 W, W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON I j i co o c- X 13 11 §� i = -4<o 0 i R ZZ,.i PREPARED FOR: c O .-7 n A MIT D 11 1%.'42".. — N89 330.03' i 14325 EL SW 97TH CHELL AVE m ° "°� TIGARD, OR 97223 ? 0 „to a ..< i ova ® ± 14328 sir 07TH T 0 'n n 6 OlD1A II � Eat , MITCHELL $ I j ° 0 m. .1 i past 1 I P i 0 Cr! 0 0 I Q LEGEND: 3 D OLD AROPE7a1 L&IE 1 i MISTED PRVERIY !8E O // i 0 , 0 0 ___ -- _..__,_. —___. / N89'52'OO E ❑ 330.04' • I j 20.94' 0778 59fL 18.62'; I 1 SW VIEW TERRACE N89 330.05' _.._.T.. 14405 SA' FM AYE I i '\ 25 1 1181 7Ll600 ; CUT NM 4. =Ira PALM I 1 1 AQpAlED ARBL ' %'�'+; d seao PI". 2 I i h i I i OLD PROPERTY LAT . i PROFESSIONAL s / N89'52 I 330.05' I LAI40 SURVEYOR r� 19.34' DOD3S1ZE7. 14.61' . ' N8902 '46E 330.09 I � lo•. e,ea ss � 4st I r CO FREDERICK 4 i MU 1 - • .. �� & T LISC0 ' I i • OW Mt 4. 61071 o POW m AREA . 86400 S 90F T T AMSTED AREA a 3603 S UE. S t o N 11 6.20' li • 4 \ I 1 JOB NAME: NEWEL INT E71 PROM:77SUA1 =.?OPOGRAPHIO/SITE571M= .84' i SDSDNLSDONPIATS •ALTA SDRVSYS.GONS�Wt�ONSTARD 347 SW INEZ STREET N88'02'451 I d 08 LOCATION: 1104m ORE?70N i i P r U� f " V '—" I i 1 DRAWN BY: N8 DATE DRAYPN: a /lIt 21 ��L ' �T,�ryr��T��+ �p�.��1��•pp��,��••.� tp�71a�T� I0'4... _J 1 ' ! 01ECXEO 8Y: ACB DATE SURVEYED: 03/31/11 E Gi27.Cif1ReI G, . I I LICENSED INOAAND WA DESIGNED Br; REVISED: 07/22/11 P .O. BOX 100. SNLRIYDOD. OR 97140 DRAWING NO.: 4.311-6111061L SHEET I OF 1 PNoNL ($0.1) 605-6918 fAX: (50.7) 629 -1616 Washington County, Oregon 2011- 067218 09/28/2011 02:28:30 PM D -DBS Cnt =1 Stn =29 RECORDSI $40.00 $5.00 411.00 $15.00 - Total = $71.00 AFTER RECORDING RETURN TO: 111111 11111111111111111 016343362011006721 I, Richard Hobernlcht, Director of Assessment and ; ,r'°y.'y Michael G. Magnus, Esq. Taxation and Ex-Officlo County Clerk for Washington s Coun ty, Oregon, that the within .n y P g , do hereby certify In the :stiv Michael G. lvia gnus P.C. Instrument of writing was reeelved e d re orded �:,5 ; book of records of said cou cr.. > d 1 ; r , 10700 SW Beaverton - Hillsdale Hwy Richard Hobernlcht, Director of A ment and Taxation. Ex- Officio County Clerk Suite 450 Beaverton, OR 97005 SEND TAX STATEMENTS TO: NO CHANGE STATUTORY BARGAIN AND SALE DEED (For Lot Line Adjustment) GRANTOR: Roy D. Palm I I GRANTEE: Michael Mitchell and Patricia Mitchell, and Lucie Ramos TRUE AND ACTUAL CONSIDERATION: Other value given and received • DATE: September 5 2011 The purpose of this deed is to effect a Lot Line Adjustment as approved ivy the City of Tigard, File No. LLA 201 1 - 00001. Grantor acquired title to his property by deed recorded May 31, 2001 as Fee No. 2001 - 051569 and Grantee acquired title to its property by deed recorded July 9, 2010, as Fee No. 2010 - 052213, Official Records, Washington County, Oregon. Grantor conveys to Grantee the real property more particularly described as follows : See Exhibit A attached hereto and incorporated herein which describes the real property transferred by this deed to Grantee and describes the adjusted line and is made a part of the real property depicted on Exhibit .B in connection with a Lot Line Adjustment. See Exhibit C attached hereto and incorporated herein for the description of the real property following completion of the Lot Line Adjustment as set forth in this deed and the Lot Line Adjustment under Tigard File No. LLA 2011 -00002 from Scott G. Frederick and Kathleen R. Frederick to Roy D. Palm recorded concurrently with this deed. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO Page 1 - STATUTORY BARGAIN AND SALE DEED (' 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN MIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO TIIE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO D ETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS .DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. GRANTOR: Roy D. Palm ► GRANTF,E: i i ,64, xtee, A.AvULe e .,, s Mic ael Mitch Ail , irt — ' i' .47.-. Patricia Mitchell Luci amos STATE OF OREGON ) WN ^�; County ofr... :et _ This instrument was acknowledged before on _CULL, 2011, by Roy D. Palm, r tty •ViciALSEA. i 1 N(�7Ar?Y FJBL:C -CJt E�sa'7 Notat Public for re On • t),..[_) `'�� ar�r�I : �� a3��a� � y � MY COMMISSION EXPIRES MY 11, 201 "e My Commission Expires: -) /, [Acknowledgments Continue on Following Page] Page 2 - STATUTORY BARGAIN AND SALE DEED STATE OF OREGON ) , County WiltiAtal/) ) This instrument was acknowledged before me on ( 11 1 511 ) , 2011, by Michael Mitchell and Patricia Mitchell. m - - .,„ OFFIC,1AL SEAL Ai. 0 ' , ..0 , . : NANEril:F. i ESTE.V r ,, ,.- . i-,' NOTAMP PUBLIG Notary Public for 0 - gon , -- hrff - , COMMiSS1ON NO, 430038 I MY COMMiSSION EXPillES JOEY 11, 2.0.12_1 My Commission Expires: E .. I (4..,. , STATE OF OREGON ) ) ss. County of _ ) This instrument was acknowledged before me on .c. -2,,LS t 1 f,i; i ) , 2011, by Lucie Ramos. rihaNdl"f SUNI TA SINGH 6 It j Commission # 1919169 z Ni.0 PA i''. i 1 rA WrA ,t.:..e.-:.: • . ,,,,,. 4 ( " ttt'l ; Notary Public - California z Notary Public for Oregon 7: ?..: , ,---; Santa Clare County 4 My Commission. Expires: NC V‘ L ie. ::::_ iv. my Comm. Expires Nov 1E1. 2612 ' . 423\001 palm - mitchell bsd tot hoe adjustment.wpd State of Califonf County of ct741144 (- • dkilli Pss. before n1e t4 , Notary P Ilc, personally appeared " ..."....t 4..1 -4. , f il o , r., A4,1-,.. who proved to me on the basis of satisfactory evidence to be the person(*) whose nerne(s) Ware subscribed to the within instrument and ectmettledged to me that halsheithey executed bre same in hialherietair authorized capacity(les). and that by his/her/their signature(s) on the instrument the parson (s), or the entity upon behalf of which the persen(s) acted. executed the Instrument. I certify under PENALTY OF PERJURY i, under the taws of the State of California that the foregoing pa graph is bare and correct WITNESS my hand and official sea : " -__:----- . Page 3- STATUTORY BARGAIN AND SALE DEED • 1 1 1 BENTHIN Phone: (503) 62 5-6918 Fax: (503) 62, -16x6 P.O. Box 100 Sherwood OR 97140 . .ENGINEERING .INC. www.benthfneng.eom Licensed in OR and WA Property Surveys • Topographic /Site Surveys • Subdivision Plats • ALTA Surveys • Construction Staking Oregon Emerging Small Business Cert. #3209 • Federal Small Disadvantaged Business SBA Cert. #P1176057 • LEGAL DESCRIPTION ADJUSTMENT BETWEEN MITCHELI.,IPALM (TL# 1700/TL# 1600) A parcel of land located in a portion of Lot 32, Tigardville Heights, and in the Northeast one - quarter of the Northwest one - quarter of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, said parcel of land being more specifically described as follows: Beginning at the Northeast corner of said Lot 32, Tigardville Heights, said point being located on the centerline of SW 97 Avenue, thence S00 ° 07'30 "E 303.00 feet along the easterly boundary line of said Lot 32; thence 889 ° 52'00 "W 25.00 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHHN ENGR" located on the westerly right -of- way line of said SW 97 Avenue, said point being the TRUE POINT OF BEGINNING; thence S00 ° 07'30 "B 1 8.62 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTlI1N ENGR, "; thence S89 ° 27'48 "W 330.05 feet to a 5 /8" iron rod with a yellow plastic cap marked "BEN }UN ENGR" located on the westerly boundary line of said Lot 32; thence N00 ° 07' 13 "W 20.94 feet along said westerly boundary line of said Lot 32 to a 5/8" iron rod with a yellow plastic cap marked "BENT IIN ENGR."; thence N89 ° 52'00 "E 330.04 feet to the TRUE POINT OF .BEGINNING, The above described parcel of land contains 6,528 sq,f., more or less, • f i EXHIBIT A -- PAGE 1 OF 1 1 ._ EXHIBIT CITY GF TIGARD tM 8(4. , A a grt. � Conditio ally Approved i K l a f For only the wo .a desoribed M: � •i PERMIT NO. � �Il� t 1 �__ r 1 S oo Le et to Follow l I • i'i _ () Attach p< ' b ._ Job Ad C1 z e By: Date: _ `, . I ....,_ Ni45 .1 g Ell@ . 1 i .•- 1. S; ( E 7t Q 9 'c4 It gl 1 R g R.d . dll 1 1 ' ' i ' I I 31H3kY NIL&' MS _....� ,sx t►t tt PR 1 r—I-177--- - ° 1 , W lid' x octiE 1 ell l'' i " ' a m tim ... : A ohtill Iltv 1 , t,,,a 1 -491 1 , . ,,., 1--,, 1- , , ... . x ,vt stt ., . 0Y011 . . — _ ....___ ___ ' __. _. z�+EOOVS vtiokes— .......... __...._......_...._ R W 1 EXHIBIT B -- PAG 1 OF 1 t '_ PROPOSED PROPERTY LINE ADJUSTMENTS LOCATED IN A PORTION OF LOT 32, TIGARDVILLE HEIGHTS, AND IN THE NORTHWEST 1/4 OF SECTION 11, T2S, R1 W, V.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON } PREPARED FOR: MICHAEL MITCHELL 14325 SW 97TH AVE 71GARD, OR 97223 LEGEND: pawn PI OFfR1Y Lets h` pawn Os o MICE • LAND SURVEYOR SE 1 •• 50 1+75'8'1• ,M111111 - ,101 .010,1111117011M0 - 0.0■1 '"'1114, Dom .:. . . 1 • _ s PROPAQTYSI?RVR2 •TOPOGRAPSIC/S TESVRISTS JOB NAME: NOM. 1100511. IW SIONPLATS •AGTA SURVEYS •G10NSl�EUC170NSrUD JOB LOCATION: iron, C 09! DATE DRAWN: 04 1 BE ORAxnv BY: AC8 " �T CHEOCED SY: AC73 DATE SURVEYED: 03 t 1 � _;. ENGINEERING , iNC. LICENSED IN MIND WA DESIGNC0 BY REVISED: 07/22/I1 P.O. 8t7X WO. $NCR OU, OR 97140 F DRAWING NO.: 439-taltfial SHEET 1 of 1 PHONE (5503) 625 -6918 FAX:_ (5a3) 625 -1616 F. 3fN3AY R128 MS ... ..r -.. .... ..r...ua••11.a.• al a ..— .• ∎•• ∎.•au ∎.•ru ••S•.O.•AS, .. ■i, ■45 lu.W.4 ,1 ■11v..•Ir......./".. M'• • 4 I .1 - - _.r.... ..........� in. .won -+so. • �. ...� .e.— 411.04=1•1•4411D -� ^fir~ • .OU l IN ,Q Z V£ E F r o z algi ._ c;:: 6 @ a . ' ' al Ing J._ffixa m J Q Q e¢ . Eri gili . _ 5, z 55 . 1 ii§t1 �i _ r co rc � `,r a • , i;lIl g 1,,, 1 g Ig.41 . . z .z 11111 1 m 1 : lit§/4 !alai § . twos' ry .argri 1 ,1 i 3.S1 LO.00S 1 1 ��l,to \ I 1 il 0 1 3 Phon BE1VTHIN e, (503) 625 -6918 Fax; (503) 625 - 1616 P .O. B ox 100, Sherwood, OR 97140 ENGINEERING INC. www.benihineng.com Licensed in OR and WA . ,• Property Surveys • Topographic /Site Surveys • Subdivision Plats • ALTA Surveys • Construction Staking Oregon Emerging Small Business Cert. #3299 • Federal Small Disadvantaged Business SBA. Cert. #P1176067 LEGAL DESCRIPTION NEW "PALM", TL #1600 A parcel of land located in a portion of Lot 32, Tigardville Heights, and in the Northeast one - quarter of the Northwest one - quarter of Section 11, Township 2 South, Range 1 West of the Willainette Meridian, City of Tigard, Washington County, said parcel of land being more specifically described as follows: Beginning at the Northeast corner of said Lot 32, Tigardville Heights, said point being located on the centerline of SW 97 Avenue, thence S00 ° 07'30 "E 303.00 feet along the easterly boundary line of said Lot 32; thence S89 ° 52'00 "W 25.00 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR." located on the westerly right -of- way line of said SW 97m Avenue; thence S00 ° 07'30 "E 18.62 feet to a 5/8" iron rod with a yellow plastic cap marked `BENTHIN ENGR. ", said point being the TRUE POINT OF BEGINNING; thence S00 ° 07'30 "E 152.71 feet along said westerly right -of -way line to a 5/8" iron rod with a yellow plastic cap marked `BENTHIN ENGR."; thence S89 ° 02'46 "W 330.09 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR." located on the westerly boundary line of said Lot 32; thence • N00 ° 07' 13 "W 155.12 feet to a 5/8" iron rod with a yellow plastic cap marked 'BENTHIN ENGR.'; thence N89 ° 27'48 "E 330.05 feet to the TRUE.POINT OF BEGINNING. The above described parcel of land contnins 50,800 sq.& (1.17 acres), more or less. • • • • • i i EXHIBIT C -- PAGE 1 OF 1 Washington County, Oregon 2011- 067219 09/28/2011 02:28 :30 PM D -D8S Cnt =1 Stn =29 RECORDSI $40.00 $5,00 $11.00 $15.00 - Total = $71,00 • AFTER RECORDING RETURN TO: 0 I, Rlc Hobsrnic Dlre etor of Aeesesmant end Taxation end Ex- Officio County Clerk for Washington ,� , 111 County, Oregon. do hereby curtly that the within v Michael G. Magnus, Esq. Instrument of wrltlnp w as scelved a d re ZId In • the * • Michael G. Magnus, P.C. book of records of said cou °^^' 'r Hwy Hobsrnleht, Director of Assessment ' �C; . 10700 SW Beaverton-Hillsdale r1Wy smen Taxation, Ex- Officio County Clerk Suite 450 Beaverton, OR 97005 SEND TAX STATEMENTS TO: NO CHANGE STATUTORY BARGAIN AND SALE DEED (For Lot Line Adjustment) GRANTOR: Scott G. Frederick and Kathleen R. Frederick, husband wife • GRANTEE: Roy D. Palm TRUE AND ACTUAL CONSIDERATION: Other value given and received • DATE: September �, 2011 The purpose of this deed is to effect a Lot Line Adjustment as approved by the City of Tigard, File No. LLA 2011-00002. Grantor acquired title to their property by deed .recorded April 23, 1996, Fee No. 96035775, and Grantee acquired title by deed recorded May 31, 2001 as Fee No. 2001 - 051569. Grantor conveys to Grantee the real property more particularly described as follows : { See Exhibit A attached hereto and incorporated herein which describes the real property transferred by this deed to Grantee and describes the adjusted line and is made a part of the real property depicted on Exhibit B in connection with the Lot Line Adjustment. See Exhibit C attached hereto and incorporated herein for the description of the real property following completion of the Lot Line Adjustment set forth in this deed and the Lot Line Adjustment under Tigard File No. LLA 2011 -00001 as evidenced by a deed from Roy D. Palm to Michael D. Mitchell et al recorded concurrently with this deed. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO Page 1 - STATUTORY BARGAIN AND SALE DEED 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING ' DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. GRANTOR: • GRANTEE: i .(6 / Scott G. re Roy D. Pain/ :414 Kathleen R. Freder ck OFFICIAL SEAL .4 BRIAN S STEWART 110TAF1Y PUBUC-OREGON S'fATE OF OREGON COMMISSION NO. 454936 ) SS. MY COMMISSION EXPIRES JANUARY 04, 2015 County of ) This instrument was acknowledged before me on Se-0 cA"? 31 2011, by Scott G. Frederick and Kathleen R. Frederick. Notary Public for Oregon , My Commission Expires: CA Cel / STATE OF OREGON ) ss. County oi Likekitrirtu3 ) This instrument was acknowledged before me on 1 ) 2011, by Roy D. Pahn, OFFICIAL SEAL - NANETTE .1 ESTEY ( BLI .1, AU 41: / NOTARY PUC-OREGON - -Iv COMMISSION NO. 430038 Notary Public for 0 gon ' „,) MY COMMISSION WIRES JULY 11, 2012 My Commission Expires:'7 I 4231001 frederick • palm bsd lot line adjustmentwpd Page 2 - STATUTORY BARGAIN AND SALE DEED • BENTHIN Phone: (50,3) 625 -6918 Fax: (303) 6 25-1616 P .O, Box Ioo Sher wood, O.R 97140 ENGINEERING, INC. w ba t in g d . CO = Property Surveys • Topographic /Site Surveys • Subdivision Plats • ALTA Surveys • Construction Staking Oregon Emerging Small Business Carl #3299 • Federal Small Disadvantaged Business SBA Cert. #P1176067 LEGAL DESCRIPTION ADJUSTMENT BETWEEN FREDERICK/PALM (TL# 1500/T 1600) A parcel of land located in a portion of Lot 32, Tigardville Heights, and in the Northeast one - quarter of the Northwest one - quarter of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, said parcel of land being • more specifically described as follows: Beginning at the Northeast corner of said Lot 32, Tigardville Heights, said point being located an the centerline of SW 97 Avenue, thence S00 ° 07'30 "E 459.72 feet along the easterly boundary line of said Lot 32; thence S89 ° 52'00 "W 25.00 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN I3NGR." located on the westerly right -of way line of said SW 97m Avenue, said point being the TRUE POINT OF BEGINNING; thence S00 ° 07'30 "B 14.61 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR. "; thence S89 ° 02'46 "W 330.09 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTT-IIN MGR," located on the westerly boundary line of said Lot 32; thence N00 ° 07' 13 "W 19,34 feet along said westerly boundary line of said Lot 32 to a 5/8" iron rod with a yellow plastic cap marked `BENTHIN ENGR.'; thence N89 ° 52'00 "E 330,05 feet to the TRUE POINT OF BEGINNING. The above described parcel of .land contains 5,603 sq.•3., more or less, • e EXHIBIT A --- PAGE 1 OF 1 • EKN1B IT " CITY OF TIGARD AFPfoved t teo a, a ii i Condl�onally Approved I)() ra a z For only the wo , as described ln: • d , c6 . PERMIT NO. /4 air1i- boo ll,� '�t � ___— n e x See Letter to: Follow i 1 • u 1 1 n Atlaoh I X ) 1 M } w •• Job Ad k h o By: Date: v __ I d 0 zQ ' a „„., ,c, %o 0ra I i ''-- , 1 V 6 , 8 ti 0 _ i _ 3IW3l1Y HOLE' M$ ai.accMoou Sri, I ..1 e 1 i.5 • . ii 1 6 ° E -4 .,-...........: .1 g 54 tz 0 ._f , N Rig. 'i- _....r„ i , 8411 55 , 1 GM i g i assD I zom • treBB I V WIP 1 1 I i 091 1 i II I i , . I n a1 ` .' . ' g a , 00101 ' � o t § 1 �bS1 ' ,ot Ssl , f ---4 i __..._._ _�_ _ ._._.._.___. IMM I .-__3,rJ„10.D IS ---. 1 I 1 . I PROPOSED PROPERTY LINE ADJUSTMENTS LOCATED IN A PORTION OF LOT 32, 77GARDVILLE HEIGHTS, AND IN THE NORTHWEST 1/4 OF SECTION 11, T2S, R 1 W, W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON PREPARED FOR: 3 MICHAEL. MITCHELL 14325 SW 97TH AVE. TIGARD, OR 97223 r uJ LEGEND: A = pRo ERW ME ; ti 0 0 FENCE F r t ' A 7 1: fi L i kit) a f % t q t PROFESSIONAL < rt LAND SURVEYOR , =ALE Yus aoMIT C r 4 F 1 J BN AME: SOP& NOM PROPIsRT�'SURVbT5 0IOPOGRAPffiC/SUBSf12tVBYS i I S(ND1VSIONPL115.ALTA$WZVE S.A N RUCITONSTAA7 JOB LOCATION: 'DARD, 03d ,r1 ,, , DRAWN BY; ACE GATE DRAwN: 04/07/11 +,�rr ' INC. oleo BY: 103 OATS SURVEYED: 03/31/11 . , GINEERI G, INC. UOSNSED INORANDWA DESIGNED BY REVISED: /Tf - P.O. BOX 100. SHCRIV000, DR 97140 DRAWING NO.: 4394I1DUj. 'SHEET 1 OF 1 PHONE (503) 625 -69W tAX (503) 625 -106 x I i i 1 I 1. S0 7' 13'E j S00'07' 13'E 167.84' . Fn 135.78' c ` 150.00 y y 41.. if...%:,.......... g illr . 11011 1$ 1 - 4 :1 w ! 6 i k .2 1 F z i 1.. d i i 1 elth ii 1 . • I • • co ■ i l ii ` 11 1 O rt RIM I f kit ( g elte-ii - • . I M., 1"; z 1 1 1 .,.... -- Thn i Nom I t g o 1, ...r. of A tig . W . ° o o N 2 p., 2 ; . . G A f �0 a. 138.10 ° � ' . 150.00 -- - -- r.....- - --O- s...�. ®. ® . -- - -. •• �0”••.�. ....i.. ....�- -- .. 4 , NO0 M ,. •••••.••••••••• • •..+rte .. �,,r••�•• �M�•. r.•...•—•.—..—•.—•• ru. r.. b...► �1.....— N— ..— ..— ..�..�.,�.. It ..a.. •• �.. —.. —.. —ate• SW 97TH AVENUE e: 3) ~69 F (5os) (50 625 625 1616 � T BENTHIN �1 TAT �+ �r T�7 INC. 0. Bo xioo, Sherwood, OR 9 7140 ENGINEERING, GI V L' ltll Y t�T� ll Y l.+ Licensed m OR and - Property Surveys • Topographic/Site Surveys • Subdivision Plats • ALTA Surveys • Construction Staking Oregon Emerging Small Business Cert, #3299 • Federal Small Disadvantaged Business SBA Cert. #P1[78057 LEGAL DESCRIPTION 1 • NEW "FREDERICK ", TLC 500 --- ; P A parcel of land located in a portion of Lot 32, Tigardville Heights, and in the Northeast one - quarter of the Northwest one - quarter of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, said parcel of Land being more specifically described as follows: . Beginning at the Northeast corner of said Lot 32, Tigardville Heights, said point being located on the centerline of SW 97' Avenue, thence S00 ° 07'30 "E 459.72 feet along the easterly boundary line of said Lot 32; thence S89 ° 52'00 "W 25.00 feet to a 5/8" iron rod with a yellow plastic cap marked °BENTHIN ENGR." located on the westerly right -of- way line of said SW 97 Avenue; thence S00 ° 07'30 "E 14.61 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR. ", said point being the TRUE POINT OF BEGINNING; thence 889 "W 330.09 feet to a 518" iron rod with a yellow plastic cap marked "BENTIEN ENGR." located on the westerly boundary line of said Lot 32; thence S00 ° 07' 13 "E 167.84 feet to the Southwest corner of said Lot 32; thence . N88 "E 347.84 feet along the southerly boundary line of said Lot 32 to a point on - the westerly right -of -way line of SW 97 Avenue; thence northerly along said westerly right -of -way line through a non-tangent curve to the left whose radius is 452.46 feet, whose length is 43.05 feet, whose delta is 5 ", and whose chord bears N08 ° 47' 14 "W 43.04 feet to a point located on said westerly right-of-way line; thence NI 1 ° 30'47 "W 6.20 feet to a point located on said westerly right -of -way line; thence along a curve to the right whose radius is 502.46 feet, whose length is 99.87 feet, whose delta is 11 and whose chord bears N05 ° 49'09 "W 99.70 feet to a point located on said westerly right -of -way line; thence N00 ° 07'30 "W 13.68 feet to the TRUE POINT OF • ' BEGINNING. The above described parcel of land contains 55,468 sq.ft. (1.27 acres), more or less. EXHIBIT C -- PAGE 1 OF 1 n0,3) day -6918 I .1F'axPho ; e: (503 625 - x6 16 r� BENTHIN fir n �� T��1 P.O. Box zoo, Sherwood, QR 9 7140 • E V GI VEER,(YG INC. C. Licensed w.be t in OR and • • Property Surveys • Topographic /Site Surveys • Subdivision Plots • ALTA Surveys • Construction Staking Oregon Emerging SmaU Business Cert. #9900 • Federal Small Disadvantaged Business BBA Cert. iP1178067 ' LEGAL DESCRIPTION NEW "PALM ", TL#1600 A parcel of land located in a portion of Lot 32, Tigardville Heights, and in the Northeast one - quarter of the Northwest one - quarter of Section 11, Township 2 South, Range 1 West • of the Willainette Meridian, City of Tigard, Washington County, said parcel of land being more specifically described as follows: Beginning at the Northeast comer of said Lot 32, Tigardville Heights, said point being located an the centerline of SW 97 Avenue, thence S00 ° 07'30 "E 303.00 feet along the easterly boundary line of said Lot 32; thence S89 ° 52'00 "W 25.00 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR." located an the westerly right-of- way line of said SW 9r Avenue; thence S00 ° 07'30 "E 18,62 feet to a 5/8" iron rod with a yellow plastic cap marked'BENTI-IIN ENOR.", said point being the TRUE POINT OF BEGINNING; thence S00 ° 07'30 "E 152,71 feet along said westerly right -of -way line to a 5/8" iron rod with a yellow plastic cap marked "BENTIIIN MGR."; thence S89 ° 02' 46 "W 330.09 feet to a 5/8" iron rod with a yellow plastic cap marked "BENT}IIN ENOR." located on the westerly boundary line of said Lot 32; thence N00 ° 07' 13 "W 155.12 feet to a 5/8" iron rod with a yellow plastic cap marked • `BENTHIN ENOR,"; thence N89 "E 330.05 feet to the TRUEPOINT OF BEGINNING. The above described parcel of land contains 50,800 sq.f1. (1.17 acres), more or less. • I • ` I i EXHIBIT C -- PAGE 1 OF 1 Washington County, Oregon 2011- 067218 09/28/2011 02:28:30 PM D -DBS Cnt =1 Stn =29 RECORDSt $40.00 $5.00 $11.00 $15.00 • Total = $71.00 AFTER .RECORDING RETURN TO: 111111111 01634336201100672180080083 I, Richard Mobernlcht. Director of Assessment and , y' a Taxation and Ex.Ofncio County Clerk for Washington Michael G. Ma nus g s Fs q . County, Oregon, do hereby certify that the within w , . e Michael G. Magnus, P.C. • Instrument of writing was re ei a d re ord , / book of records of said coupty. , 10700 SW Beaverton - Hillsdale H ' Hwy Richard Mobernlcht, Director of A mart and r,t:s Suite 450 Taxation, Ex •fflelo County Clerk Beaverton, OR 97005 SEND TAX STATEMENTS TO: NO CHANGE STATUTORY BARGAIN AND SALE DEED (For Lot Line Adjustment) GRANTOR: Roy D. Palm GRANTEE: Michael Mitchell and Patricia Mitchell, and .Lucie Ramos TRUE AND ACTUAL CONSIDERATION: Other value given and received DATE: September j 2011 The purpose of this deed is to effect a Lot Line Adjustment as approved by the City of Tigard, File No. LLA 2011- 00001. Grantor acquired title to his property by deed recorded May 31, 2001 as Fee No. 2001 - 051569 and Grantee acquired title to its property by deed recorded July 9, 2010, as Fee No. 2010 - 052213, Official Records, Washington County, Oregon. Grantor conveys to Grantee the real property more particularly described as follows : See Exhibit A attached hereto and incorporated herein which describes the real property transferred by this deed to Grantee and describes the adjusted line and is made a part of the real property depicted on Exhibit B in connection with a Lot Line Adjustment. See Exhibit C attached hereto and incorporated herein for the description of the real property :following completion of the Lot Line Adjustment as set forth in this deed and the Lot Line Adjustment under Tigard File No. LLA 2011 -00002 from Scott G. Frederick and Kathleen R. Frederick to Roy D. Palm recorded concurrently with this deed. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO • Page 1 - STATUTORY BARGAIN AND SALE DEED 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TIIIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, TIIE PERSON ACQUIRING FEE TITLE TO TIIE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY TIIAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, .195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. GRANTOR: , ` J Roy D. Palm GRANTEE: jj, ( 4 , iLoltiA 4 i e (, Mie, ael Mitchel Patricia Mitchell "..4 / Lucie amos STATE. OF OREGON ) ) ss. County of . Q 1 � This instrument was acknowledged before on (1 2011, by Roy D. Palm. L _ - l (-) V 0."I''IcIAL SEAL qACL ZA N OTARY PUBLIC - REGON ' COMMISSION LNG. 430030 Notary Public fo regon t } `! COMMISSION EXPIRES S iUIY 11, 2012 j My Commission Expires:_ � {_....._l_„ [Acknowledgments Continue on Following Page] Page 2 - STATUTORY BARGAIN AND SALE DEED STATE OF OREGON ) County ok\Dt,ik A, '�ltj, ) ss. This instrument was acknowledged before me on t 1 1 511.) , 2011, by Michael Mitchell and Patricia Mitchell. , . u.. 1 cutat � FIC;I Se '�i " 1 rC�c"pt C`?ls , A : M c , ctT�� i�, �?Rt_r �i Notary Public for Ot COhlbliSSi(i:i NO. k3 Q3r3 M Commission Ex nes• - � r MY COMMISSION EXPIRES ,ktjl'f 11, 2012 My P L STATE OF OREGON ) ) ss. County of ) This instrument was acknowledged before me on - ./ rt -- ; i ! , 2011, by Lucie Ramos. rh."4-di SUNITA SINCN ' ft._ , ,,Attp iP11 rA (�, Commission # 181916 'e - , Notary Public California N otary P u bl ic for Oregon x v > . Santa Clara County My CommissionExpires: /c V 1 '. t I i ,,, 1 0. � , Y y Comm, Expires Nov 18. 2612 • 423 \901 palm - mitchell bsd tot line adjustment.wpd State �alifom County of (f'j1114 ( • )ss. On before - t. Notary P UC, personally appeared ' ' I C_ . . . rt ,c. who proved to me on the basis of satisfactory evidence to be the parson(s) whose name(s) isfare subscribed to the within instrument and edam/ledged to me that hW$herywy executed the same in hi$RherMeir authorized capactty(Iee). and that by Ms/her/their signature(s) on the instrumentthe psnion(s). orthe entityr upon behalf of which the person(s) Wed, executed the Instrument. 1 certify under PENALTY OF PERJURY under the tsars of the State of California that the foregoing pa graph Is true and o0rred. tMTNESSmy hand and official seal. - :l ' Page 3 - STATUTORY BARGAIN AND SALE DEED ) . City of Tigard RECEIVED 1 1. : . 'C Lot Line Adjustment Type I Application JUN 5 2011 CARD J r CITY OF TIGARD L DI 4Aaaaaea+�r. r�awaa f! rTP: a. V .t ..I a iki 17T� i GENERAL INFORMATION PARCEL 1 - Property Address /Location(s): 14405 S.W. 97th Ave, Tigard Or Tax Map & Tax Lot #(s): Tax ID: 2S111 BA01600 FOR STAFF USE ONLY Site Size: 51,836.4 sq. ft. Case No.(s): Lli JOH- a) Property Owner /Deed Holder(s) *: (Attach list if more than one) Other Case No.(s): LA-A ‘200 - 0000 Address: 14405 S.W. 97th Ave. Receipt No.: itX City/State: Tigard, Oregon Zip: 97224 Application Accepted By: ' T 47 Primary Contact: Roy D. Palm Date: (0 ( t/ Phone: 503 620 6809 Fax: Date Determined Complete: PARCEL 2 Rev 7/1/10 Property Address / Location(s): 9755 SW IN EZ ST, TIGARD lAcurpin \maeters \land use apphcanons \lot line adjustment app.doc Tax Map & Tax Lot #(s): Tax ID #: 2S111BA01500 Site Size: 57,499.2 sq. ft Property Owner /Deed Holder(s) *: (Attach list if more than one) Address: 9755 SW INEZ ST. REQUIRED SUBMITTAL ELEMENTS City /State: Tigard, Oregon Zip: 97224 (Note: applications will not be accepted Primary Contact: Scott and Kathleen R Frederick without the required submittal elements) Phone: Fax: ❑ Application Form Applicant* /Agent: Cl Owner's Signature /Written Authorization Address: 14325 SW 97th ❑ Title Transfer Instrument or Deed City/State: Tigard, OR Zi 97224 ❑ Preliminary Map (2 copies) Primary Contact: Michael W. Mitchell ❑ Site /Plot Plan (2 copies) Phone: 503 620 3203 Fax: ❑ Site /Plot Plan (reduced 81/2" x 11 ") *When the owner and the applicant are different people, the applicant must be ❑ Applicant's Statement (2 copies) the purchaser of record or a lessee in possession with written authorization (Address Cnteria in TDC 18.410.040) from the owner or an agent of the owner. The owner(s) must sign this ❑ Filing Fee $599.00 application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: 2 parcels of 61,071 an d 51,725 pre - adjustment sq ft updated by (number) (acreage or square footage) Benthin Engineering Survey (3/31/11, into 2 parcels of 55,468 and 57,328 seed ing no. 439 - Mitchell) (number) creage or square footage) v„.1 City of Tigard REC ei w .. Lot Line Adjustment JUN 1 5 2011 Typ I Application c: .AR.D CITY OF TIGARD P I 'jirr- fi 1 GENERAL INFORMATION PARCEL 1 Property Address /Location(s): 14405 S.W. 97th Ave, Tigard Or Tax Map & Tax Lot #(s): Tax ID: 2S111BA01600 FOR STAFF USE ONLY Site Size: 51,836.4 sq. ft. Case No.(s): Li. P c 1 (' 0 Pat Y Other Case No.(s): -10 a -AXO Property Owner /Deed Holder(s) *: (Attach list if more than one) Address: 14405 S.W. 97th Ave. Receipt No.: f 5 City/State: Tigard, Oregon Zip: 97224 Application Accepted By: S.1 Primary Contact: Roy D. Palm Date: ( off 0V Phone: 503 620 6809 Fax: Date Determined Complete: PARCEL 2 Rev. 7/1/10 Property Address / Location(s): 14325 SW 97th Ave. i. \curpin \ masters \land use applications \lot line adjustment app.doc Tigard, Oregon 97224 /I laj Tax Map & Tax Lot #(s): Tax ID #: 2S111BA03.5'00 Site Size: 49,222.8 sq. ft Property Owner /Deed Holder(s) *: (Attach list if more than one) Address: 14325 SW 97th Ave. REQUIRED SUBMITTAL ELEMENTS City/State: Tigard, Oregon Zip: 97224 (Note: applications will not be accepted Primary Contact: Michael Mitchell without the required submittal elements) Phone: 503 620 3203 Fax: ❑ Application Form Applicant* /Agent: ❑ Owner's Signature /Written Authorization Address: 14325 SW 97th ❑ Title Transfer Instrument or Deed City/State: Tigard, OR Zi 97224 ❑ Preliminary Map (2 copies) Primary Contact: Michael W. Mitchell ❑ Site /Plot Plan (2 copies) Phone: 503 620 3203 Fax: ❑ Site /Plot Plan (reduced 81/2" x 11 ") *When the owner and the applicant are different people, the applicant must be ❑ Applicant's Statement (2 copies) the purchaser of record or a lessee in possession with written authorization (Address Criteria in TDC 18.410.040) from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written El Filing Fee $599.00 authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: 2 parcels of 51,725 and 49,505 pre - adjustment sq ft updated by (number) (acreage or square footage) Benthin Engineering Survey (3/31/11, into 2 parcels of 57,328 and � 5 � 6,,03 � 33 see drawing no. 439 - Mitchell) (number) a or square foo "" t— � ,List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as par of this application: N/A APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: e The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. e The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this 6th day of June , 2011 ' r.` Applicant /A . orized Agent's S' ature Owner's Signature Ro D. Palm Micha-1 W. Mitchell , Vs = • r er's Signature ' cott Frederick Owner's Signature Kathleen R Frederick City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 718-2421 I www.tigard- or.gov I Page 2 of 2 List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: N/A - APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this 8th day of June , 2011 / ((/( ' 41. ( 1/ /1 Applicant /Autho ed Agent's Signa Owner's Signature RO ' . Palm Michael W. Mitch //% Owner's S' . Michael . Mitchell Owner's Signature Patricial T. Mitchell • City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov I Page 2 of 2 1 4". CITY OF TIGARD RECEIPT I1 13125 SW Hall Blvd ,Tigard OR 97223 • • - 503.639 4171 T I;GAR.D Receipt Number: 182881 - 06/15/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID LLA2011 -00001 Lot Line Adjustment 1003100 -43116 $522 00 LLA2011 -00001 Lot Line Adjustment - LRP 1003100 -43117 $77 00 Total: $599.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2362 STREAT 06/15/2011 $599 00 Payor: Michael Mitchell Total Payments: $599.00 Balance Due: $0 00 Page 1 of 1 CITY OF TIGARD RECEIPT 4 z : _ 13125 SW Hall Blvd , Tigard OR 97223 503.639 4171 TIGAR:D Receipt Number: 182882 - 06/15/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID LLA2011 -00002 Lot Line Adjustment 1003100 -43116 $522.00 LLA2011 -00002 Lot Line Adjustment - LRP 1003100 -43117 $77 00 Total: $599.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2362 STREAT 06/15/2011 $599 00 Payor. Michael Mitchell Total Payments: $599 00 Balance Due: $0 00 Page 1 of 1 City 0 f Tigard I-44' a.0 �b'— pow 71 , Lot Line Adjustment x T F m Type I Application Due to the absence of a modern land survey, the cyclone fences surrounding 14325 SW 97th, Tigard, Oregon were constructed at a time when the exact property boundaries were uncertain. My father took initial steps toward a survey but this wasn't completed. Placement of the fences, therefore, were not intended to define the boundaries between properties, especially to the north and south. This was known to all surrounding neighbors at the time. The northern most fence was placed well within the generally understood property line as a matter of convenience. As an element of the contract to sell 14325 SW 97th to Michael Mitchell, I agreed to accept the existing fence separating that property with my neighboring property, 14405 S.W. 97th Ave., Tigard OR. This application for Lot Line Adjustment is to update the property descriptions by mutual consent. , ) All/ j a j oy • a m P1 cnaei Mitchell ,2 L4/f aoil -col Cit of Tigard : " T,ot Line A ��4 .. Type I Application For several decades a fence has separated 14405 SW 97th Ave. and 9755 SW Inez St. Due to the absence of a modern land survey, the exact property lines have long been uncertain. The existing fence separating these two properties was constructed without a precise knowledge of the legal property lines. While the fence was not intended to define the property, it has, however, served as the defacto boudary for decades. This application for Lot Line Adjustment intends to use a professional, modern survey to update the property descriptions to reflect the facts on the ground. City of Tigard Lot Line Adjustment l Type I Application 4�GARD � p�j For several decades a fence has separated 14405 SW 97th Ave. and 9755 SW Inez St. Due to the absence of a modern land survey, the exact property lines have long been uncertain. The existing fence separating these two properties was constructed without a precise knowledge of the legal property lines. While the fence was not intended to define the property, it has, however, served as the defacto boudary for decades. This application for Lot Line Adjustment intends to use a professional, modern survey to update the property descriptions to reflect the facts on the ground. 3 Phon ..,.. __:_. e: (503) 625 -6918 " Fax (503) 625 -1616 ENGINEERIN " - P.O. Box ioo, Sherwood, OR 97140 9 INC www.benthineng.com Licensed in OR and WA Property Surveys 0 Topographic /Site Surveys 0 Subdivision Plats 0 ALTA Surveys ® Construction Staking Oregon Emerging Small Business Cert. #3299 • Federal Small Disadvantaged Business SBA Cert. #P1176057 LEGAL DESCRIPTION ADJUSTMENT BETWEEN MITCHELL /PALM (TL# 1700/TL# 1600) A parcel of land located in a portion of Lot 32, Tigardville Heights, and in the Northeast one - quarter of the Northwest one - quarter of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, said parcel of land being more specifically described as follows: Beginning at the Northeast corner of said Lot 32, Tigardville Heights, said point being located on the centerline of SW 97 Avenue, thence S00 ° 07'30 "E 303.00 feet along the easterly boundary line of said Lot 32; thence S89 ° 52'00 "W 25.00 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR." located on the westerly right -of- way line of said SW 97'' Avenue, said point being the TRUE POINT OF BEGINNING; thence S00 ° 07'30 "E 18.62 feet to a 5/8" iron rod with a yellow plastic cap marked " BENTHIN ENGR. "; thence S89 ° 27'48 "W 330.05 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR." located on the westerly boundary line of said Lot 32; thence NO0 ° 07' 13 "W 20.94 feet along said westerly boundary line of said Lot 32 to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR. "; thence N89 ° 52'00 "E 330.04 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 6,528 sq.ft., more or less. R C W D JUL 2 5 2011 CITY OF TIGARD PLANN1NcA"NGINEERING ' BENT .. Iry , Phone; (503) 625 -6918 NG INC _ ° Fur: (503) 625 -1616 3 P.O. Box100, Sherwood, OR 97140 ENGINEE vyR www.benthineng.corn Licensed in OR and WA Property Surveys ® Topographic /Site Surveys ® Subdivision Plats O ALTA Surveys • Construction Staking Oregon Emerging Small Business Cert. #3299 • Federal Small Disadvantaged Business SBA Cert. #P1176057 LEGAL DESCRIPTION ADJUSTMENT BETWEEN FREDERICK/PALM (TL# 1500 /TL# 1600) A parcel of land located in a portion of Lot 32, Tigardville Heights, and in the Northeast one - quarter of the Northwest one - quarter of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, said parcel of land being more specifically described as follows: Beginning at the Northeast corner of said Lot 32, Tigardville Heights, said point being located on the centerline of SW 97 Avenue, thence S00 ° 07'30 "E 459.72 feet along the easterly boundary line of said Lot 32; thence S89 ° 52'00 "W 25.00 feet to a 5/8" iron rod with a yellow plastic cap marked `BENTHIN ENGR." located on the westerly right -of- way line of said SW 97 Avenue, said point being the TRUE POINT OF BEGINNING; thence S00 ° 07'30 "E 14.61 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR.'; thence S89 ° 02'46 "W 330.09 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR." located on the westerly boundary line of said Lot 32; thence N00 ° 07' 13 "W 19.34 feet along said westerly boundary line of said Lot 32 to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR."; thence N89 ° 52'00 "E 330.05 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 5,603 sq.ft., more or less. RECEIVED JUL 2 5 2011 Cm? OF TIGARD Ps.AN 11NG /E,NGINEERING a,- Phone: (503) 625 -6918 Fax: (5 625 - 16 1 6 P.O. Box ioo, Sherwood, OR 97140 .3 9 www.benthineng.com ® Licensed in OR and WA - Property Surveys ® Topographic /Site Surveys e Subdivision Plats ® ALTA Surveys d Construction Staking Oregon Emerging Small Business Cert. #3299 0 Federal Small Disadvantaged Business SBA Cert, #P1176057 LEGAL DESCRIPTION NEW "MITCHELL ", TL #1700 A parcel of land located in a portion of Lot 32, Tigardville Heights, and in the Northeast one - quarter of the Northwest one - quarter of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, said parcel of land being more specifically described as follows: Beginning at the Northeast corner of said Lot 32, Tigardville Heights, said point being located on the centerline of SW 97 Avenue, thence SO0 ° 07'30 "E 303.00 feet along the easterly boundary line of said Lot 32; thence S89 ° 52'00 "W 25.00 feet to a 5/8" iron rod with a yellow plastic cap marked `BENTHIN ENGR." located on the westerly right -of- way line of said SW 97 Avenue, said point being the TRUE POINT OF BEGINNING; thence N00 ° 07'30 "W 150.00 feet along said westerly right -of -way line to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR.' ; thence S89 ° 52'00 "W 330.03 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR." located on the westerly boundary line of said Lot 32; thence S00 ° 07' 13 "E 170.94 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR."; thence N89 ° 27'48 "E 330.05 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR." located on said westerly right -of -way line of SW 97 Avenue; thence N00 ° 07'30 "W 18.62 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 56,033 sq.ft. (1.29 acres), more or less. • RECEIVED JUL 2 5 2011 CITY OF T!GARD PLANNING /PNGINEERINC BEN.THIN Phone: (503) 625 -6918 : (5 62 6 P.O. Box Fax zoo, Sherwood -161 , OR 97140 ENGINEERING 9 ' ww w.benthineng.com ® Licensed in OR and WA Property Surveys e Topographic /Site Surveys ® Subdivision PIats ® ALTA Surveys 0 Construction Staking Oregon Emerging Small Business Cert. #3299 • Federal Small Disadvantaged Business SBA Cert. #P1176057 LEGAL DESCRIPTION NEW "PALM ", TL #1600 A parcel of land located in a portion of Lot 32, Tigardville Heights, and in the Northeast one - quarter of the Northwest one - quarter of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, said parcel of land being more specifically described as follows: Beginning at the Northeast corner of said Lot 32, Tigardville Heights, said point being located on the centerline of SW 97 Avenue, thence S00 ° 07'30 "E 303.00 feet along the easterly boundary line of said Lot 32; thence S89 ° 52'00 "W 25.00 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR." located on the westerly right -of- way line of said SW 97 Avenue; thence S00 ° 07'30 "E 18.62 feet to a 5/8" iron rod with a yellow plastic cap marked " BENTHIN ENGR. ", said point being the TRUE POINT OF BEGINNING; thence S00 ° 07'30 "E 152.71 feet along said westerly right -of -way line to a 5/8" iron rod with a yellow plastic cap marked " BENTHIN ENGR "; thence S89 ° 02'46 "W 330.09 feet to a 5/8" iron rod with a yellow plastic cap marked " BENTHIN ENGR." located on the westerly boundary line of said Lot 32; thence N00 ° 07'13 "W 155.12 feet to a 5/8" iron rod with a yellow plastic cap marked " BENTHIN ENGR. "; thence N89 ° 27'48 "E 330.05 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 50,800 sq.ft. (1.17 acres), more or less. i RECEIVED JUL 2 5 2011 CITY OF TIGARD P! ANNIIh .3ir=NGINFEPIING BENTHIN Phone: (5o3) 625 -6918 5 116 3 P.O. Box Far: loo, Sh (5o3) erw , OR 97140 ENGINEERING, w ww.benthineng.com Licensed in OR and WA Property Surveys ® Topographic /Site Surveys ® Subdivision Plats ® ALTA Surveys ® Construction Staking Oregon Emerging Small Business Cert. #3299 a Federal Small Disadvantaged Business SBA Cert #P1176057 LEGAL DESCRIPTION NEW "FREDERICK ", TL #1500 A parcel of land located in a portion of Lot 32, Tigardville Heights, and in the Northeast one - quarter of the Northwest one - quarter of Section 11, Township 2 South, Range I West of the Willamette Meridian, City of Tigard, Washington County, said parcel of land being more specifically described as follows: Beginning at the Northeast corner of said Lot 32, Tigardville Heights, said point being located on the centerline of SW 97 Avenue, thence S00 ° 07'30 "E 459.72 feet along the easterly boundary line of said Lot 32; thence S89 ° 52'00 "W 25.00 feet to a 5/8" iron rod with a yellow plastic cap marked " BENTHIN ENGR." located on the westerly right -of- way line of said SW 97 Avenue; thence S00 ° 07'30 "E 14.61 feet to a 5/8" iron rod with a yellow plastic cap marked "BENTHIN ENGR. ", said point being the TRUE POINT OF BEGINNING; thence S89 ° 02'46 "W 330.09 feet to a 5/8" iron rod with a yellow plastic cap marked " BENTHIN ENGR." located on the westerly boundary line of said Lot 32; thence S00 ° 07' 13 "E 167.84 feet to the Southwest corner of said Lot 32; thence N88 ° 02'45 "E 347.84 feet along the southerly boundary line of said Lot 32 to a point on the westerly right-of-way line of SW 97 Avenue; thence northerly along said westerly right -of -way line through a non - tangent curve to the left whose radius is 452.46 feet, whose length is 43.05 feet, whose delta is 5 ° 27'06 ", and whose chord bears N08 ° 47' 14 "W 43.04 feet to a point located on said westerly right -of -way line; thence N11 ° 30'47 "W 6.20 feet to a point located on said westerly right -of -way line; thence along a curve to the right whose radius is 502.46 feet, whose length is 99.87 feet, whose delta is 11 ° 23'17 ", and whose chord bears N05 ° 49'09 "W 99.70 feet to a point located on said westerly right -of -way line; thence N00 ° 07'30 "W 13.68 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 55,468 sq.ft. (1.27 acres), more or less. I I RECEWED J 2 5 20fl C IT OF Tlt�ARD 1 .� E�I €l h/'��'l1rC�IPI P $ORlavaim o O 00 0 0 O p 0 0® O i i 8 1 1 �" 111111 61 Ihih S' 25 slid i 66 it 6 A% $ $ m 1 1 4 : ; 5 i 111 d d ill 0 140707 , 131! 63,384' M I 1 (001'46'30'E s 63580 li 9 E q : © o 0 0 k3 / C N00 .707.83' it -_ ((N01'46'30t 307,90')] - �' % 0 t U 0 0 at O 500 156.72' 500'07 150.00' NOO'07'131, 136.94' p+ (I56.727 1190.00't/ -1 ' 4 g 0 O 11 El dg it �. a / p , AL., M ■ 24, N p z 0 oT T f, c, _ c t ° El N pp � ` SSTJ fry 4 L �O 4.7 2 V1 y -^11 - 156.72' 150.00' __ 147.25' 1 ROW ... ti 1150145'551, 14 7.60'1( .- ..-- �.._- ...--' -- - -•' •- -$ - - - - - - - - `' - C m _. -. -. -- 500'07'30'E ! 47.60' - - - 77.........7.. 1 00 150.00'1 — (5000730'E 750.00') _ ....... d , r4 . r-` O N00 '0 7'30 v. 156 -72' N00'07'J01Y 150.00' 500'07'30 E 153.00' p �j { ^ ' I (MOO 7 156.727 • - -- _07',707: J03.00 M SW 97TH AVENUE ( 7 gco z 54007'JO E 48&02' b S ,.• 5 01'45 . 001T 488.10' PER CRS ` 1 r- b / 1 45A f ig Q n 111 lip l 1 kiti 0;1_11 A 1 ! 3 E. • a I 9- .....- col ffi oici R wil .: ,,,;: Z5 „ .< II - il! 15 MN g R1 -- r 1 11i 4 �� _ AIRIR10M . 115 g:Ilmlit0 11 11 _ 1,11111 4 308 ROUE: kRCHSL. PROPSRIYSURVEIS •70PCORAPMC/SIIESURVEY& 4 i Mi 8 0 LI T10.+ SUBDIVBIONPL4TS.AL SURVEYS•OONSIRUCIIONSTAIM r+ JOB LOCATION: C% MOON DRAWN BY: ACB DATE DRAWN: 07 /14/11 B � H �� 11 1 1 1 1 1:;;ililli 1111 ! CHECKED BY: ADO DATE SOR7E7•E0: 08/20/11 ENGINEERING, INC. 11°11;1111111 ' DESN;NEO BY; 8E61$1O: LCENSEM OR AND WA j ( q �$ i P.O. 00X 100, 51#171t020, ON 97140 - $i fj DRAWING NO: 459 - PIA I SHEET 1 OF 1 PNOYE (503) 625 -6918 FAX• (303) 625 -1616 I 1 1 , PROPOSED PROPERTY LINE ADJUSTMENTS 1 - � ; . 1 LOCATED IN A PORTION OF LOT 32, TIGARDVILLE HEIGHTS, I L I AND IN THE NORTHWEST 1/4 OF SECTION 11, T2S, R1 W, i W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON i i N I 1 I 1 1 i PREPARED FOR: oti I i MICHAEL MITCHELL 7 Ne9 •52 00'E 330.03' I i 14325 SW 97TH AVE i TIGARD, OR 97223 toms sm gm, AVE OaSD1A 5 ( MITCHELL 5 4... I Al • b000S� j ,� I 1 $ !g Q LEGEND: '� OLD PROFERPY LIE i ' I Z j . MASTED PROPERTY LOE I Q, _.._ _..- . 0 o PENCE ❑ R EC EVE D �__ 20.94' _ OM ORFT. _ - 0 78.62' I 4i SW VIEW TERRACE N89 330.05' / ' '.—.'. 14400 Ay 871H ME 110 v�or xn I I JUL 2 5 2011 7S 1 /IRA 51000 ■ i KW 81773 :' . PALM I -. ADIUSIE0 AIM ' 1 - /.. o I i CITY OF TIGARD P.. ADJUSTED AREA gi I i PLANHle GF:-NGINEERING I OLD PROPERTY LIE I 1 / SI' - N89'52 1 L I 330.05' I 1 ! LAND SURVEYOR { 19.34' 0003 Ft 14.61' , i S= N89'02'46t !EA PRar R71f UK 330.09 I 1 is s FREDERICK I i 17095 1 STREET "' 2S 1 TIM 111 1 i v NEW AR£A D0403 :,E t 2 ADJUSTED AREA ■ 5 109 am I j to N1 162 0' i • \ 1 JOB NAME: NaE4FL AlitNEU. PROPS YSORV8Y5.70POQWUDC /97SSURVEIS l JOB LOCATION: WARD. S ORD1VSSUONPL47S .ALTASORVEYS.00NSlRUGT7ONSTARII 347.84 SW INEZ STREET N88 ` k , - --" -- 1 l { 1 DRAWN BY: ACD DATE DRAWN: 04/07/11 �� .7pp�� /rgg }}�� > ? �� // ,. ► g ��, ry ,ry I ' i CHECKED BY: AC8 DATE SURVEYED: 03/31/11 .E Tt G.ThT ',a:RIAG, ..N . _________________i 1 I I DESIGNED BY REVISED:, 07/62/11 LICENSED 'NORANDWA l P. BOX 100, SHERWOOD. OR 972 DRAWING NO 43240TCU 11. 'SHEET 1 OF 1 PHONE (503) 625 -6918 FAX: (503) 625 -1616 _.., ,........■....r IA 048° - 1"900"1 aEi1lPJeprAT T:9 DEE 4r_ SPP?*_a!L _.-- _— — — r STATE OF ORE GON Aa NM County of W aahl.gton Frank L. Palm Personal Re Si I, Jer ry,: O �'�.� 3 1 1 4 3 25 SW 97th P' mart and, + County Tigard,__ OR 97224 t �t � !�,• that 14r.1 rent. Nemo end AOb.as 8nd .. �'O r ~ •. • r, - , . \) aeltt Ro D. P alm re. county' I �, ".r%. :-' • : l 2Q630 NE. 8.ig _Fix._Lase - , . ' � . r Dund-ge.._0_R 971.15 ' . i.oeN Myr N..,,. NM d.e. SP.CE RESErWEO an \s, ' ti I rOCtOr of I S woa�nS, return w (rala), Atkins.. DOT FOR NI rotation, Ex- R0y__A _ ['aim RECORDERSUSE . 4 /AAN ;lark 2(18.30_ -NF _ Lig F.1r_ Lane D 11un.d.e.e.-.Oil 971.15 Rect: 2001051569 WYw.w.sd aMwwww.wtl..m YiminunM b(Mo.. MMN)As. W __ Rest: 279908 22.00 Roy D. Pa lm 05/31/2001 01:18:18pm 20830 NE Big Fir _Lane . .. By Dundee, - OR 97115 PERSONAL REPRESENTATIVE'S DEED THIS INDENTURE dated Has 1001 , by and between Frank L, Palm the duly appointed, qualified and acting personal representative of the estate of Terry Lee Palm..._- W$J9h1.Lt$.t52A County Circuit Court Probate No, C000 440 P _ - deceased, hereinafter called the first party, and Roy D, Palm hereinafter called the second party; WITNESSETH: For value received and the consideration hereinafter stated, the first party has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the second party and second party's heirs, successors and assigns all the estate, nght and 'merest of the estate of the deceased, whether acquired by operation of the law or otherwise, in that certain real prop- erty situated in the County of Wash i n g> on , State of Oregon, described as follows, to-wit: 1 A part of Lot 32, TIGARDVILLE HEIGHTS, in the City of Tigard, filed December 30, 1907 in Plat Book 2, Page 38, Records of the County of Washington and State of Oregon, described as follows: Beginning at a point in the center line of County Road No. 696, said point being South 0° 07' 30" East 303.0 feet from the Northeast corner of said Lot 2; thence South 89° 52' West 357.82 feet, more or less, to the West line of said Lot 32; thence along the West line of said Lot 32, South 156 72 feet; thence North 89° 52' East 358.15 feet, more or less, to the East line of said Lot 32 and the center line of County Road No. 696; thence along the East line of said Lot 32, North 0° 07' 30" West 156.72 feet to the point of beginning. * This personal representative's deed is given and delivered to Roy D. Palm pursuant to the order approving final account in the within noted estate. (IF SPACE INSUFFICIENT CONTINUE DESCRIPTION ON REVERSE) TO HAVE AND TO HOLD the same unto the second party, and second party's heirs, successors-in- interest and assigns forever The true and actual consideration paid for this transfer, stated in tents of dollars, is S * °However, the actual consideration consists of or includes other property or value given or promised which is ❑ part of the ❑ the whole (indicate which) consideration .° (The sentence between the symbols °, if nor applicable, should be deleted See ORS 93 030.) IN WITNESS WHEREOF, the first party has executed this instrument; if t party is a corporation, it has caused its name to be signed and its seal, if any, affixed by an officer or other person duly auto; ed to do so by order of its board of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN ra k L. Palm THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REG- ULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACOUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO- PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 Personal Representative STATE OF OREGON, County of ..Nu 11 n_4.Aah ) ss. This instrument was acknowledged before me on by _ This instrument was acknowledged before me on ....Ma y'Z' trill , by _F rank L., Palm _ . as __Personal Representative _ -_ of ___the _Estate of _-T_ Try Lae ��... OFF+LIAL REAL_ `. . RORMAN L LINOSYF.Di Nola Public for Oregon .t NOTARY PUBLIC OFIEGON 6 �:, COMMISSION NO 317R3a Al commission expire _. I -- MY COMMIS ON EXPIPES JAN 3. 2003 __J • l • DATED: July 6, 2010 Franklin L. Palm Revocable Living Trust dated December 27, 2007 4/41t) re 5 T EE John •. Palm T stee State of OREGON COUNTY of , NIL/11+n QYY101In This instrument was acknowledged before me on 2 IN! $ , 20 1 D by John F. Palm, Trustee of the Franklin L Palm Revocable Living Trust. Notary Public — Oregon My commission expires: raw ROOD 1s. WO - PERSONAL ReraeSEprami' oe[O_esv l et kw -- _ — — -- — — r STATE OF OREGON SS County of Waahlogton Frank L. Palm, Personal Rep. Sl 1.Jen), ,: ppn.__► . • of - I 14325 S W 9 7th Cle for • ""f y '*"• • qy County • Tigard, OR 97224 thewd "'! •' • � \ Ran RMr%Nadia and edswe and - "• • said Roy D ., Palm re county : ! ; , • 2Qa30__N15. B_ig .Ftr._Laae at * IIII� �1 i ?..1' Dststd.ee. - O.R 37 15 ai be aOr A wnr tend a06"' SPICE RESERD an I FOR N/ \4' t. \ • 4 , • a t ion, f s - Rfly. J?.. -Palm . RECORDERS USE ` 11 axatkm, 2518.3.0- .HL..81g Fix. Lane ..- i Ilulades._.0Ji 97.1.15 Doc 2001052569 UM p m „ u , anteeonotee,sandNI , ato(Me %awit es. __ Root: 279908 22.00 Roy D. Palm 05/31/2001 01:18:18pm 20830 NE Big Fir Lane , By Dundee OR 97115 • PERSONAL REPRESENTATIVE'S DEED THIS INDENTURE dated - __ /'lay 2001___ . , by and between Frank L, Palm the duly appointed, qualified and acting personal representative of the estate of Terry Leg__ pa_ 1.m... __W_a_shj tLILto.11 County Circuit Court Probate No, f000 440 P.E , deceased, hereinafter c a l l e d the first party, and Roy D, Palm , hereinafter called the second pally; W 1TNESSETH. For value received and the consideration hereinafter stated, the first party has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the second party and second party's heirs, successors and assigns all the estate, right and interest of the estate of the deceased, whether acquired by operation of the law or otherwise, in that certain real prop- erty situated in the County of Washington , State of Oregon, described as follows, to-wit: , A part of Lot 32, TIGARDVILLE HEIGHTS, in the City of Tigard, filed December 30, 1907 in Plat Book 2, Page 38, Records of the County of • Washington and State of Oregon, described as follows: 1 Beginning at a point in the center line of County Road No. 696, said point being South 0° 07 30" East 303.0 feet from the Northeast corner of said Lot 2; thence South 89 52' West 357.82 feet, more or less, to the West line of said Lot 32; thence along the West line of said Lot 32, South 156.72 feet; thence North 89° 52' East 358.15 feet, more or less, to the East line of said Lot 32 and the center line of County Road No. 696; thence along the East line of said Lot 32, North 0° 07' 30" West 156.72 feet to the point of beginning. * This personal representative's deed is given and delivered to Roy D. Palm pursuant to the order approving final account in the within noted estate. OF SPACE INSUFFICIENT CONTINUE DESCRIPTION ON REVERSE) • ! TO HAVE AND TO HOLD the same unto the second party, and second party's heirs, successors-in- interest and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, is $ * 5 However, the actual consideration consists of or includes other property or value given or promised which is ❑ part of the ❑ the whole (indicate which) Consideration.` (The sentence between the symbols d, if not applicable, should be deleted. See ORS 93 030 ) IN WITNESS WHEREOF, the first party has executed this instrument; if t party is a corporation, it has caused its name to be signed and its seal, if any, affixed by an officer or other person duly aut ed to do so by order of its board of directors. 7. • , THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN ra k L . Palm THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REG- ULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO- PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 Personal Representative STATE OF OREGON. County of _Mul.t_nomah __. ) ss. by This instrument was acknowledged before me on _ This instrument was acknowledged before me on - ._slay - `j1_ by _Frank L. Palm _. as __Personal Represaatativ -e of __the - Estate.1)f - .T_exry _ .- OFF•CIAI SEAL_ �� ` N ORMANLLINOS7EDi !!!- - - - -- -- - Nola Public for Ore •on I' L18UO b — ' �� '•,, COMMISSION NC- OREGU 3t7R3a N M11 commission exp I ire �_ MY COMMISSION EXPIRES JAN 3, 2003 I,; r Washington County, Gnaw$ 2010 -052213 • 07108/2010 02:22:24 PM i ,17 D'OW Cnta1 Stno7 K GRUNEWALD '9 $10.00 $5.00 $11.00 $15.001850.00 - Total • $381.00 k) 11111 IJIJU iLEIJJLiIliIJ1IIII I, Rkd,an! Hob.mlchl Dlnetor of Asaesanuint and Taxation and Eo.Onkq County Clark for Woohi„yton GRANTOR'S NAME. Co ody. onion, do n,noy unify that a within k .. y Franldin L. Palm Revocable Living Trust dated batman r. of wrlh was w ha"rd r�Q' d dr book or mortb o/WdedurlAt /1 ,,.'�. December 27, 2007 RlRichard IawrrdcM, D ncwr Y An.w aa x�" " "a y, te ° 4 . Taxation, Eo-0dklo County Clark GRANTEE'S NAME. CC Michael Mitchell, Patricia Mitchell, and Lucre q Ramos SEND TAX STATEMENTS TO: Michael Mitchell, Patricia Mitchell. and Lucie 14325 SW 97th Avenue Tigard, OR 97224 AFTER RECORDING RETURN TO: Michael Mitchell and Patricia Mitchell 14325 SW 97th Avenue Tigard, OR 97224 E scrow No: 3626028307NHE- TTPOR45 °._' 1 : •�. WASHINGTON COUNTY PROPERTY REAL 1AANR( $2.512-8-61 EE f , 14325 SW 97th Avenue ��;��• JO Tigard, OR 97224 SPACE ABOVE THIS UNE FOR RECORDER'S USE 9 STATUTORY WARRANTY DEED K John F. Palm, Trustee of the Franklin L. Palm Revocable Living Trust dated December 27, 2007, Grantor, conveys and warrants to Michael and clear en encumbrances except Lucie pt as specifically set forth below, situated In the County of property, ashington, State of Oregon: A portion of Lot 32, TIGARDVILLE HEIGHTS, in the County of Washington and State of Oregon, described as follows: BEGINNING at the Northeast corner of that certain tract conveyed in deed from Ray G. Lucas to Henry J. Rattay and Lana L. Rattay, dated October 28, 1948 and recorded In Book 291, Page 305, Deed Records, Washington County, Oregon: thence Northerly along an extension of the East line of said Rattay tract 150 feet to a point; thence Westerly parallel with the North line of said Rattay tract 357.82 feet more or less to the West line of Lot 32; thence Southerly along the West line of said Lot 32 a distance of 150 feet more or less to the Northwest corner s d Rattay Tract excepting thence Easterly along the North line of said Rattay property point of therefrom the Easterly 20 feet lying In County Road #898. Subject to and excepting: 2010/2011 Taxes a lien due, but not yet payable. Covenants, Conditions, Restrictions, Reservations, set back lines. Power of Special Districts, and easements of Record, if any. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED ORS UNDER AND TO INQUIRE ABOUT THE RIGHTS ORS 195.300, 195.301 AND 195.305 TO 1 EC PROPERTY 98.338 AND SECTIONS TIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $350,000.00. (See ORS 93.030) • DATED: July 8, 2010 Franklin L Palm Revocable Living Trust dated December 27, 2007 / BY: �' Tres TEE Joh 1 . Palm T .stee State of OREGON COUNTY of 01/1140 O VvtO1 k This instrument was acknowledged before me on _ U tA ki $ , 20 I L) by John F. Palm, Trustee of the Franklin L Palm Revocable Living Trust. Notary Public - Oregon My commission expires: woo , +:r1 1 _Bo.< 18 - Paye 3/ D E D I CA T 10 N I ly l... VB R SA 1V ® HEIGHTS KNOW ALL MEN BY THESE PRESENTS rho/ we, Leonora? F, /ngebrand and .4/ma M• /ngebrand, husband 4:2/70' w / /e, ore /he A RESUBDIVISION OF LOT 31 AND PORTIONS OF LOTS 29 81 30 TIGARDVILLE HEIGHTS Owners o/ the /ands ,n sec /ion //, 725, RI W, WM., Wash/hp/on Cour,/y, Oregon, as shown IN SECTION I I T2S RIW W.M. - WASHINGTON COUNTY OREGON on the annexed ,o/of ond /wore /oarf /or /y descr /bed in the .Surveyor:- Cer /,fco% hereunto o /taehed ond hove caused /he some /o be surveyed ond p /o/ /ed ,nfo /o /s ond scree /5 as shown on /he hereunto attached oho", ond /o be hereby dad/Ca/ea " /NGEBRANO ME/GMrs; o,-,of /ha/ eve do hereby medico% a// s /reefs as SCALE I' 0 100 / SEPTEMBER 1958 shown thereon ((jj�� " to the pub /,c for the pub /ec use forever. , ^ �� /% �� Z ✓ - -- 4. A.. 47 /i V_._ _ `• _.._... �0 :r o - _ - R[GIST E RE ED Q E D PROFESSIONAL ENGINEER IJ JJii�SCl Y�< .a.< I _. L 'NG9'31k _ 1920,99 ____,./A A A C K N O W L E D G M E N T L NORTHWEST CORNER OF SECTION II �. STATE OF OREGON S.S _ eI . ° ' • . COUNTY 0/ WASHINGTON NORTH LINK O/ LOTS a O 3 '° INITIAL POINT . 53' W 298.45 _ N • STATE OF CREGON .� 8 7 7 - _ _ _ _ _ _ _ -- N 89 NSao nt�ovutt ROWS r( County of �i ash rnKtonl I '74_ 19J95 7s oo This ,s /o cer/ fy that on /hi.,_ day of fffltk. _ /958, ' I, ROGER zho11SSE , de hereby cot* that the i before me, o /1 pub /<c ,n and for .tea +� Count and ,5 /ate, " "'•� �•" ► persono//y oppea -ed Leonora/ P, /n ebro/ �' ond A /ma M . • '' " l,'l L. - af'erh<dl r:cemcdjorrecord j�y" - N R 3 ��;_ 7 /n b /0 me kno to be /he it'd/ v }'' ... • day J - -- �-' ' "• 1°58' °` 0 tt = 2 3 4 g duo /s named ond ��r - describe'd ,,, ono/ who executed /he forego /n9 Instrument .�M. °>rdrrcord <d0" /'ov < 3 .L. sn 800k_L.II --- W - and they ac kno w /edq ea' to me /hot they exe cu /ed the of t•<ro•r,L. �:r°te. / * °cd e,oNxey. - � , iW me free /9 0,7 vo /untar, /y, • • . ' w,,,, r „,,,., °•: °nc G a • e R aue<aaxd, <°tc , j /jk° aylred Q - J to w //ness whereof .t have h ereunto se f my ` - � - - -' RO v - T - ry a so cJn 1 R ,�' _�u hand ond offc / / sea/ b . � FOF: THG.L'SJEN Gawnt Clerk 3 ° W day and year /n thi m 1 d O eer // f cafe wriffen. By y am _ ,.�`'_7�� Cr � o e W _ `trot4/F�� 14 -•z l D<ety F y o , I fr 5 r . • >A _•\ Notor Stole of Oregon - n ■ • I v My Commis Jion Expires _ /O�I?l2 /_ _ _ _ _ __ ; N 89 ° 56'30 " 271 25 . 58 a � 3 U � 4 o G. .i � ° '.r`� , c A// taxes or po/o' from _ I -y _ _ /us o ° S.W. R V I 5899 56 30 -E ° TERRACE • y` " : "�•' to _ ilc i ve y •5 89 ° 5630'E l400 10750 IOTA • i• =.. x = /_%2 k/ `S Q .'•.,...,• °•. 10730 IOT 35 • � _ TOx Deputy Q C°wuoJ o 0 9 8 o ; o I Q RWN 396, NNW SW n 7 6 i 1 S,9 S U R V E Y O R S C E R T I F I C A T E 07 50 0750 0700 0793 L. • „A .G ; .. M. /ME 411 2 5, - STATE OF OREGON H 10 II - 12 13 COUNTY OF W *101NOTON S.S. _ - - - vi 10750 107.50 107.50 10750 Merbert A. Mohr; o Re5,13 /erect P•ofessjono/ engineer in the . Stofe of Oregon, hereby certify that do rin 5a embe,- /958, I accurate/ SOUTHWEST CORNER LOT 30 I 'STREET on / P /affect /,, /ofd ,,,,„/ ./.,-...1.s /he fo / %win, describ tract of / /'and, 01. / 9GdtDTI "E `1EI6"n` - - � S.W. s (N E Z EAST A3000 _ R_ � . resubd /vision of /of 3/ ond loortions of /01 29 and 30 of 7?9,7rdw//e Heights wurREUT CORNER for 51 in S n W Section /1, //, T25 R /W, M., Wosh /n9 ton Coc,nty, Ora qon• T¢AR NORMS ER be gin' , /n o/ /he Ini/,a/ .P wh,ch ,s o/ the northeast corner of /ot 3/ of T,9or / //e &eights, a _sube/ivis.on of record ,n iYash /nyton County Oregon, a/-so be//7 /he northeast corner of hot 4 of /ngebranr/ Ile/91/27S,' '° ApprovedrC�.�C�fPSIwashm- on Coun /y /W0/717 Gomm /ss/on thence N 89 53'W 298.45 feet o /ong• the north /,roe of /0/.5 3/ and 2S /o a ,b - -/� ,' , thence 5 0/°40' ' w 28,9. Z feet' thence N e9 °56'30 "W 27/..." feet to o Pont m .. I Q EO PROF By_ _ �f _ _ _ _ - _/le['Picsident the ce,7fer of .5.W /001h Avenue, also be /n the west be /,7dory /,,,e of said -. `- ; • Z g1E' GINS , /V 50.02 feet o /on the c enter /,,,e oat Ave 9 �, , ;, W v 6h F9 4, � App 1L S �1/as ,ny ton Cocn Court /o/ 2 9; /hence 5 0/•4 to o ,0a/;•77‘; thence 589 °SG'30 "E /40.00 feet to the northeast corner of a A c Ca ,jt. .' j tract of /and conveyed to G _/ Edwards, os recorded i Bk 3 n Deed oo 96 v _• � /� n _ - - _ Pogo 565 , Wash n /q Cot..., Co- /y Or n S ego; the O / °48 W ' 303.5 feet V/ / �' C . ORE Judge ,,CD „CD to the .soc,theost• corner of a tract of //oho' conveyed to N, L. Wordr /,o, os ,. , _ ;, 1 I � ,, ∎' , < y 'y, 4 y 1 .1 y\ ° ' /� recorded in Deco' Boo/ 389, Page 466 /n .Woshin9/on county, Oragon, o /so be /'i9 . ?: ' / a n o,nt /n fhthe- center of S.W. Inez street; /hence East 430.00 feet, o/on9 /he "-,.. Ir. tc e - eta A. Camm /s- /onerL y _ ✓__ / /2dj/!�"� ce/er //ne of so /b/ Avenue, to the sou/I corner of /o/ 3/ of 7,9ordvi //e ? nC <(A9GN.7o Heights; thence N 0/•46'30 ”. 695.6 feet a/on9 the cost Ana of so.d tot 3/ . - - ,00/ to the ,�0 of beg /i7n /i/9• C0/71/771.5.110 _ , 7 / St/bscr/bed ond .swo n 10 before rho,' the lir hill Po /i,f is a 2 " +3G" 90 /vonizeo/ .ran ,c,/,be O' - iven 6 /i?ches m /hfo_2 ?^_'O_ _day of ,oz dir. /958. Appro ved.441.14d/- 3 414-5-g- . -� below the surface oP the ground of /he northeast corner of /of 4, 457/70" 1 Yr se - beors N 3 89' /920.99 feet; /hence 5 0/ °96'W 6 /2 feet from /he northwest ' ° per k corn t, er of Sec on /; T 2S, /2/W, W. /le, Wosf7/ng/on C04/17/6,,, Oregon. .Vofor I ub/ o f 4.1.• of Orey•an Approved '� /yr8 ✓vim y yS r •...�. • 'I . --~- -- -' co ;Te y t Thal the affachod moo is 0 true repr•sentofion of C My onsmiision £r pres_..eloci /_d 1959 d .s/reets os sfoed . - uoon the ground w///7 �,��--pQ•• p� � t 5/8 ",e 36' /ion rod_- o7 o// /of corn8rs ond curve ,00in/s Attest lhis_, day of 1 7v!+" _ _ / 958 t.`>,r , � l '' the tots an un /ass otherw nofeo/ i ■ ■ • • 1 1 1 m A RETRACEMENT SURVEY OF A PARCEL OF LAND , (0 BEING A PORTION OF LOT 36 "TIGARDVILLE HEIGHTS" m Nn N o LOCATED IN THE NW 1/4 SECTION 11, T2S, R1W, W.M. 1 N WASHINGTON COUNTY, OREGON CITY OF TIGARD CURVE DATA NARRATIVE NO DELTA RADIUS LENGTH CHORD BEARING CHORD TAN THE EXISTING POSITIONS IDENTIFIED ON THE SUBJECT MAP WERE TIED FROM A RANDOM A 11 ° 25'17" 475.90 94.87 S 03 94.71 47.59 CONTROL SURVEY WITH THE ESTABLISHMENT OF AN ASSUMED COORDINATE BASE TO RELATE THE FIELD POSITIONS. ON SW 97 TH AVENUE. WASHINGTON COUNTY HAD COMPLETED A PLAT SURVEY B 11 ° 23'22" 476. 94.69 SO3 ° 57'41" E 94.53 47.50 IN 1964 OF COUNTY ROAD 1982. MONUMENTS IDENTIFIED AS 28 AND 33 WERE HELD FOR THE BASIS OF BEARING FOR THE SUBJECT SURVEY. THE EXISTING MONUMENTS AND THE CURVE C 05 °55'03" 451.34 46.61 S 01 46.59 23.33 TANGENT DISTANCES WERE HELD TO DETERMINE THE CURVE GEOMETRY AND THE ROAD RIGHT - OF - WAY OF SW 97 TH AVENUE (SEE SUBJECT MAP POSITIONS 21,22,23,24,28,33,AND 34). DURING THE COMPLETION OF THE COUNTY'S ROAD PLAT SURVEY THE NORTHEAST CORNER OF G y - LOT 36 WAS RECOVERED AND TIED FROM POSITION 22 OF THE SUBJECT MAP. OUR SURVEY REESTABLISHED THIS POSITION AS NOTED ON THE ROAD PLAT SURVEY AND FOUND THAT THE MONUMENT HAD BEEN REMOVED. THIS MONUMENT WAS RESET. THE NORTH LINE OF LOT 36 WAS 0 0 ESTABLISHED BY RETRACEMENT OF THE JENSON SURVEY (NO. 4723 DATED 1953) WHICH FOUND THE NORTHWEST CORNER OF LOT 36. FIELD RESEARCH RECOVERED THIS MONUMENT AND IT IS Q IDENTIFIED AS POSITION 43. AT THE SOUTHWEST CORNER OF LOT 36, POSITION 42, A 2 r �� MONUMENT WAS RECOVERED WHICH WAS CALLED FOR ON THE COUNTY SURVEY OF ROAD 1982 AND THE McMONAGLE SURVEY (NO. 16766) OF MARCH 1977. THIS POSITION WAS HELD FOR THE / y CLIENT: HERBERT H. KNEBEL JR, EAST /WEST LOCATION OF THE WEST LINE OF LOT 36. THE EAST LINE OF LOT 36 WAS 1 ■21 14525 SW 97 TH AVE. I ESTABLISHED AS A LINE PARALLEL TO MONUMENTS 28 AND 33 AS REFLECTED ON THE McMONAGLE 1 i 14525 TIGARD. OREGON 97223 SURVEY. THE SUBJECT SITE WAS THEN SURVEYED AS SHOWN ON THE ADJACENT MAP. ' , m ,PHONE: 639 -3606 in 0 m , 1 N 25 25 q o ke' . b 2i )- / r < �5 g "I I� 0 33 3 N (I l � { S9 °39'22 "E 1 : I 6 ( .y -i A'S � ' T I G A R D3 V I L L E F0 3/4 IP \ o6 SCALE 1" = 40' IA • I3o 3 2 NE COR LOT 36 •iI ' FD 5/8'IR FD 5 /8 "IR 2 +1954 Lr0.43 SET� /8"IR U� 4 +97.09RTO07 (355.74 PLAT) L FD 5 /8 "IR S.W. N E - - - - '135571 SP - 4723 r -- _ -- - I _ I 4 +94.20 LT 0.46 Pr. ►VG _ S 89 ° 55' 49" W (22u.o D) 0 355.25 ° ED OLDI /2 "IP l 219 51 N _ - 135.74 (D 8M) - m F N 89 ° 51'08" E 537.23 - .1 NW COR LOT37 q S O UMS STREET VACATED BY 941/680 / ' 128.39 I Si , FD 3/8" IP 12' GRAVEL DRIVE I ,C ASSUME -� - f HELD) / _ O+Op EASEMENT 938/787 D � - - - - - - - a SET RRS w. I � 23' PARCEL • q FD 5/8 "IR 3 A d- 1169 39 LTO 16 ¢ N 6' WOOD 15450 d FENCE Q [O TL 10O n E TL 101 B10 - • - _ _ , - z In ._, I -, 37 LL m • .1 rte 1 '4 0 I HSE I ``�� EA LINE LOT 36 'C 1 452 5 N co w 0 'IT' LEGEND V ` a : 6' WOOD FENCE I. I .--1 �- +/ ON CONC. RET WALL `! ti I I p - HELD FOUND 3/4" IP IN MON. BOX. ' , !� ' S 89 °17'32" E I o - FOUND MONUMENT AS NOTED. ('l ? 4' 1_ 130.75 " __ e' • !I ,, • - SET 5/8 "X 30" IRON ROD KITH A YELLOW + CAP SCRIBED "DRINKWATER PLS 926 ". i � (.1._.) O DECORATIVE FENCE I ® - SET 5/8"X30" IRON ROD WITH A RED CAP ° SCRIBED ''DRINKWATER TRAVERSE" 0 35 36 6 , P ARCEL v B 0 I - UNLESS NOTED. Z o 10458 0 I� D - DEED DISTANCE. I Z .0D1 m M - MEASURED DISTANCE. FD 5/8'12 I N S - RECORD SURVEY. 6 'WOOD FENCE (HELD) 219.44 I NO26 130.75 1D 7 I INSIDE 2 "IP 9 _._, ® Q • CC x2 - DENOTES FIELD POSITION : I __ _ _ COORDINATE NUMBER • FD9 /8 "IR "' p ct N 3 50. 19 S 2.91 I ASSUME % °IQ I o S 89 ° 17'32" E o o .. . • W REFERENCE SURVEYS 8, RECORD PLATS . � W 0.5T 0 +00 ro O ro to - - N' 2005 25 4.95 ct ( • '- N O O +k w o '`R a w , 25 , 25 r t TIGARDVILLE HEIGHTS DEC 1907 ' o e m o = PEMBROOK HEIGHTS X CLOUD CAP JUL 1960 I-- O o O N I AUG 1977 3 c,_ O O O I COUNTY ROAD NO. 1982 FEB 1964 W 0 � 1 , i i / SIP 4723 BY JENSON JUL 1953 LLi N N `= - I S6 16766 BY McMONAGLE MAR 1977 l) p -+ S9 18970 BY CARLILE JUN 1980 O D z V' co CE z 1 FD 5/8" Sr � RECEIVED • - FO PK b FEB1 1983 I w S. W PEMBROOK N I , l 0 z H(L1SIOlO, OREGON H Z m SURVEYED JANUARY 27, 1983 I N l' 0 SURVEYED BY. Y I FD BENT 5/13 to H < DRINKWATER ENGINEERING INC. 0 9205 SW BURNHAM ST. • m T" PHONE 639 -1155 97223 a H E I G H T S PLANNING' ENGINEERING - PLANNING' - ;I-RVEYINP I Fo 5/815 - FIELD CONTROL: WD . .' EQUIPMENT: W I L D T RED I FD / A l LOT 36 r © ' " l I ! RODS SET BY: ND HD 3/8"IP 4 N 89 ° 1729 W i 3 00.27 - 11 HELD FQR E•W LIN 1 �(�L/�l�!�,° f , �m ° ll W I xILD i16 ® y/ X 579 3 61 W SW MURDOCK S7, "� v I EQUIPMENT: LiEiz pED� FD I /2 "IR 76. CALCULATIONS: RLD / S 79 • 28'26 "W 1.90 DRAWN: KG CHECKED: RLD c JOB 82 -46 ' I PROPOSED PROPERTY LINE ADJUSTMENTS LOCATED IN A PORTION OF LOT 32, TIGARDVILLE HEIGHTS, I AND IN THE NORTHWEST 1/4 OF SECTION 11, T2S, R 1 W, S88'04'391W 330.18' i W M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON I to i - }'l ± I z ! 2 I Q I u� b j a ! I PREPARED FOR: N89'52'001 329.69' MICHAEL MITCHELL N j 14325 SW 97TH AVE. 0 0 i i TIGARD, OR 97223 i • 14325 SW 97TH AVE i • 2S 1 118A 71.1700 I i OLD AREA = 49505 San �! MITCHELL NEW AREA = 56033 San. ' A i ADJUSTED AREA (SOUTH) .. 6528 SQ.FT o i INi _ t, LEGEND: N OLD PROPERTY LINE z I' LI N \ Y ADJUSTED PROPERTY — .._.._.._.._.._.._.._.._..� N89•52'00 ° E ■ 330.04' � 0 0 • SW VIEW TERRACE 6528 SQ.Fr. I N S �.._.. .._.._.._.. .._.._ NEW • - • 'ERN LINE 14485 SW 97tH AVE i 2 O ID I A REA A 517 ,FT. I NEW AREA ft 50800 FI PALM i tj ADJUSTED AREA NORTH m 8528 SQ.FT. ADJUSTED AREA (SO "' "'�''J = 5603 SQ.FT I. n 1 I O In to I OLD PROPERTY UNE i REGISTERED ' ' I PROFESSIONAL. i N89S2'00 "E 1 330.05' ( I LAND SURVEYOR 5683 SQ.FT . .._ cd I l ‘ 'r SCALE 1` 60 FEET N I OR G . N � :F' NEW P - • - 4- LINE >Vw FREDERICK ` a >a 8 DOMES 12/31 11 o3 I 9755 SW INEZ STREET i II 610 W N NE EW f AREA 55488 SQ.FFT 1 ;,� = ADJUSTED AREA m 5603 son 2 ' NIf'30`30'W ` r ' 0 1. 6.20 \.1 I 1 j t ` 1 ! JOB NAME: MICHAEL TIRCHELL PROPERTY SURVEYS o TOPOGRAPHIC/SITE SURVEYS — ..- ..- ..- ..- .._..- .._.._...... I 1 SUBDIVISION PLATS. ALTA SURVEYS . CONSTRUCTION STAKING SW IIYEZ STREET N88'O2'45 "E 347.85' ` I JOB LOCATION: TIGARD, OREGON I 1 I CHECKED BY: AC9 DATE SURVEYED: 03/31/11 DRAWN BY: AIM DRAWN: 04/07/11 i ENGINEERING, INC. — ••- ••- ••- ••- ••- ••- ••- •• -••-� I ! LICENSED IN ORAND WA DESIGNED BY: REVISED: 08/23/11 P.O. BOX 100, SHERWOOD, OR 97140 DRAWING NO.: 439 - MITCHELL SHEET 1 OF I PHONE: (503) 625 -6918 FAX: (503) 625 -1616 John Floyd From: John Floyd Sent: Wednesday, August 10, 2011 10:10 AM To: iceink1@gmail.com Subject: Decision Attachments: John Floyd vcf; Mitchell LLA 2011- 00001and2 Final Decision.pdf Mr. Mitchell, Attached is the final decision for Lot Line Adjustments LLA2011 -00001 & 2. Please note the condition of approval requiring you to submit a copy of the recorded adjustment within 18 months of this decision, and within 15 days of recording. Hard copies will be mailed to you and the other two affected land owners. If you have any questions, please do not hesitate to contact me. Regards, John Floyd R John Floyd '' r City of Tigard Assooate Planner , ' Communit Development 1. '"*' (503) 718 -2429 johnfl@tigard- or.gov a 13125 SW Hall Blvd, . � ; ;Cf Tigard, OR 97223 ettli:42 A. 1 1. 152in Floyd From: John Floyd Sent: Wednesday, August 10, 2011 10.34 AM To: paulnorr @ipns corn . Subject: Mitchell Lot Line Adjustment Attachments: John Floyd vcf; Mitchell LLA 2011- 00001and2 Final Decision.pdf Paul, Attached is the City's decision on the Mitchell Lot Line Adjustment. I addressed your comments in Section V (Public Comments), located on page 4 of 5 of the decision. If you have any questions, please don't hesitate to contact me. Regards and best of luck, John Jahn Floyd Iii City of Tigard Associate Planner Community Development fi (5003) 718 -2429 johnfl tigard r.gov 13125 SW Hall Bled, h: Tigard, oR 97223 4 0 1 Received: Aug 5 2011 11:31am ' Aug. 5. 2011 11:24AM LAW OFFICES No, 1835 P. 1 PAUL, NO ATTORNEY AND COUNSELOR AT LAW 5550 S,W, MACADAM AvENUE, SUITE 330 PORTLAND, OREGON 97239 PHONE: 503- 228 -3982 FAX; 503 225-1028 E PAULNOpa®IPNS -COM WEB' WWW,PAULNORRLAW,COM SENT VIA FAX TO NO. 503- 684 -7297 and VIA E -MAIL TO Johnfl @tigard- or.gov August 5, 2011 John Floyd, Associate Planner Department of Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Lot Line Adjustment Application LLA #2011 -0002 3 10.D Letter of Continuing Objections of Neighbor James Evans to Mitchell Lot Line Adjustment Dear City of Tigard: I represent James Evans, owner and resident of 14285 SW 97" Avenue. This letter is in response to yet another revised map and more legal descriptions submitted by the applicant. The latest revised "Proposed Property Line Adjustments" map is dated revised 07/22/11. This letter is a supplement to my letters dated June 22, 2011, and June 24, 2011. The facts set out in those letters are incorporated herein. The location of the north lot line of the Mitchell property as shown on the latest revised map is still incorrect, Received: Aug 5 2011 11:31am Aug. 5. 2011 11:24AM LAW OFFICES No. 1835 P. 2 John Floyd (RE: LLA #2011 -0002) Associate Planner August 5, 2011 page 2 Attached is a copy of the "Proposed Property Line Adjustments" map revised 06/23/11 (Exhibit A hereto), and a copy of the latest "Proposed Property Line Adjustments" map revised 07/22/11 (Exhibit B hereto), While there are slight differences in some dimensions on the two maps (Exhibits A and B hereto), the primary difference is that on the latest revised map (Exhibit B) the applicant simply erased the existing fence line between the Mitchell and Evans properties, erased the Evans driveway, and erased the outline of the Evans house. This appears to be a further attempt by the applicant to pretend that the applicant owns Mr. Evans' fence, Mr. Evans' driveway, and a portion of Mr. Evans' home. Erasing the fence, the driveway, and the house from Exhibit A to Exhibit B does not mean that the fence, the driveway, and the house no longer exist. The applicants have already admitted (see Exhibit A hereto) that the line claimed by the applicants to be their north property line really does run through the middle of Mr. Evans' house. The materials previously submitted by me on behalf of Mr. Evans document that the Evans house, driveway, and fence line have existed since prior to 1961_ The deed submitted by the applicants, Washington County Document No. 2010- 052213, shows that the Mitchells took title to their property on July 8, 2010. In other words, the Mitchells came to the property about 50 years after the property line was established at the fence line shown on Exhibit A hereto_ Regardless of what the Mitchell deed might say, Mr. Evans owns the property north of the fence line as shown on Exhibit A. Given the historical reality, the Mitchells have not adequately proved that they own all of the property described in their most recently submitted legal descriptions and on the "Proposed Property Line Adjustments" map revised 07/22/11. Received: Aug 5 2011 11:31am ' Aug. 5. 2011 11:24AM LAW OFFICES No, 1835 P. 3 John Floyd (RE: LLA #2011 -0002) Associate Planner August 5, 2011 page 3 The City should not ignore Exhibit A hereto. The Mitchells have not proved with credible, substantial evidence that the Mitchells own part of Mr. Evans' house. Therefore, this application should be denied. If the City approves the lot line adjustment application, I request that the City make specific findings in the City's written decision, explaining what the City determined the facts to be regarding the location of the Mitchells' north property line relative to Mr. Evans' house, and how the City arrived at the conclusion that for purposes of this lot line adjustment application, the City believes that the Mitchells own part of the Evans house. Resp tfully, c 1/ Paul Norr PN /2 c: James Evans Michael G. Magnus, attorney for Michael Mitchell a c LT • 1 I I PROPOSED PROPERTY LINE ADJUSTMENTS ° I l I LOCATED IN A PORTION OF LOT 32, TIGARDV/LLE HQGHTS, AND IN THE NORTHWEST 1/4 OF SECTION 11, T2S, R1W, Saaoisaw 330.1.6' WM., CITY OF TIGARD, WASHINGTON COUNTY, OREGON ;_, Dr.. I al tO r W� I Ce � — i I PREPARED FOR: ,,�� 529.69 i o SY R7111 at MICHAEL MITCHELL T 14325 SW 97TH AVE o _ o o c _ i 17GARD, OR 97223 n c _ twos I , m = i . 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John Floyd From: John Floyd Sent: Wednesday, July 13, 2011 3:27 PM To: iceink1@gmail.com Subject: Lot Line Adjustment Letter Attachments: John Floyd.vcf; Mitchell LLA Inc Ltr 7- 13- 11.pdf Hello Mr. & Mrs. Mitchell, Attached is a letter regarding the two lot line adjustments you submitted on June 15, 2011. A hard copy will follow by USPS. Please take a moment and review our determination. If you have any questions about the additional information we are requiring, please do not hesitate to contact me. I'm happy to discuss them. Regards, John Floyd ' John Floyd City a fT i g ar d Associate Planner Community Development .., (503) 71 -2429 �`° ',; 13125 SW Hall Blvd. Tigard, OR 97223 11440'41.41y1 if23 1 11'11 1 a n tGARD July 13, 2011 City of Tigard Michael W. Mitchell 14325 SW 97th Avenue Tigard, OR 97224 RE: Lot Line Adjustment Completeness Review File Number 2011 -00001 & 2 Dear Mr. Mitchell: The City of Tigard has received your applications for Lot Line Adjustments LLA2011 -00001 (Palm /Frederick) & LLA2011 -00002 (Mitchell /Palm). The stated purpose of these adjustments is to move two property boundary lines to correspond to historical fence lines. Staff has completed a preliminary review of your applications and found them incomplete pending additional information necessary to make a decision. In order to deem your applications complete, please submit the following information: 1./Preliminary Map: Please submit four paper copies of the preliminary parcel map that V excludes the Evans property. Copies must be printed to scale, and should correspond to any revised boundaries that result from Item #3 below. 2. Revised Legal Descriptions: Please submit legal descriptions for each affected parcel as • / they exist, as they are proposed, and the areas to be transferred. At present we only have the legal descriptions provided on the deeds submitted with your original application, one of which does not correspond to the parcel map provided (see below). 3. Record of Survey: The preliminary map submitted does not indicate how the original property 'corners were derived. In addition, the City Surveyor found a discrepancy between the legal description contained in the Frederick deed and the represented property boundaries on the preliminary map. This also calls into question the represented boundaries of the Palm, Mitchell, and 'Evans parcels and makes determinations of compliance with zoning standards difficult. As such, please submit four copies of a Record of Survey to clarify the true positions of the existing and proposed boundaries. In addition to these required materials, comments and suggestions from Development Engineering are attached for your review. Should you have any questions, please feel free to contact me at 503 - 718 -2429 or johnfl(a,tigard- or.gov. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov Sincerely, John Floy• Associate Planner Cc: Scott & Kathleen Frederick Roy D. Palm File j ' I �. 1 J ' { I I i. 11111 , MEMORANDUM TI GARD TO: John Floyd Associate Planner FROM: Gus Duenas Development Engineer RE: Engineering Comments — Mitchell Lot Line Adjustment DATE: July 12, 2011 The applicant proposes to perform lot line adjustments affecting three properties north of SW 97 Avenue. There are no public infrastructure requirements for the proposed lot line adjustments. However, if the applicant intends to develop his property at some time in the future, it would be prudent to obtain a boundary survey of his property in conjunction with the lot line adjustments. The drawing submitted for the lot line adjustments do not show how the original property corners were derived. Received Jun 24 2011 01 :17vm - Jun. 24. 2011 1:10PM LAW OFFICES No, 1110 P. 1 PAUL NORR ATTORNEY AND COUNSELOR AT LAW 5550 SW. MACADAM AVENUE, SUITE 330 PORTLAND, OREGON 97239 PHONE: 503.2283862 FAx: 503 225 -1028 PAULNORR ®IPN5.COM WEO: WWW.PAULNORRLAW,COM SENT VIA FAX TO NO. 503 - 684 --7297 and VIA E -MAIL TO Johnfl @ tigard- -or.gov June 24, 2011 John Floyd, Associate Planner Department of Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Lot Line Adjustment Application LLA #2011 -0002 CONTINUING Objections of Neighbor James Evans Dear City of Tigard: I represent James Evans, owner and resident of 14285 SW 97' Avenue. This letter is in response to a revised map submitted by the applicant. The revised map was prepared by Benthin Engineering, Inc., and is dated "Revised 6/23/11 ". This letter is a supplement to my letter dated June 22, 2011. The location of the north lot line of the Mitchell property as shown on the revised map is still incorrect. In summary, the applicant's revised map still shows the north property line of the Mitchell property line as running through Mr. Evans' house. Mr. Mitchell incorrectly claims to own a portion of the Evans house and all of the Evans driveway. Received. Jun 24 2011 01 :17pm Jun. 24, 2011 1:10PM LAW OFFICES No, 1110 P, 2 John Floyd (RE: LLA #2011 -0002) Associate Planner June 24, 2011 page 2 The applicant is asking the City to blindly accept that the Evans house, which has been in existence since 1945, is partially owned by Mr, Mitchell. I acknowledge that a local jurisdiction should not be involved in settling a private boundary line dispute, and I am not asking the City to declare who owns the disputed property. The applicant is, however, asking the City to settle a boundary line dispute by requesting that the City ignore reality and accept Mr. Mitchell's claim of ownership to a portion of the Evans house. My claim is that as a land use matter, Lot Line Adjustment Application #2011 -0002 cannot be approved because the applicant has not adequately demonstrated that he owns all of the property he claims to own_ The applicant has not demonstrated that the information contained in the application is correct. R pect ully, Paul Norr PN /2 c: James Evans Michael G. Magnus, attorney for Michael Mitchell John Floyd From: Michael Mitchell <iceink1 @gmail.com> Sent: Friday, June 24, 2011 4 PM To: John Floyd Subject: Re: Revised Map My filing, as indicated on the individual lot line applications, seeks to establish long- confused lot lines, by mutual consent, with my neighbors, and does not cover the lot line with Mr. Evans. The Evans boundary represented is the product of a professional surveyor researching all existing deeds and records to, as accurately as possible, represent the existing legal lot line between Mitchell /Evans. A surveyor, as you know, can not unilaterally establish or change a boundary; he provides his professional opinion regarding what exists. Should Mr. Norr provide a professional survey that indicates an error with Benthin's work, I would take it under advisement. From my initial conversations with Evans, I have maintained that the cost of legally revising the Mitchell /Evans boundary is in excess of the value of the land involved. My deed, the legal description of 14325 SW 97th, Tigard., in my sales contract, on my mortgage and my mortgage holder's liens includes the current legal lot line represented by Benthin's work. Changing this situation is not a simple or inexpensive matter. I couldn't unilaterally agree to revise this lot line even if I thought it was warranted. It could be changed by a successful Evans adverse possession suit which, it is my understanding, a bank is obligated to accept. I do not accept that an Evans' adverse possession suit has merit. Short of a successful adverse possession action, no lot line other than that which is the product of a professional survey of the existing legal record can be represented or honored. I have, however, attempted to reach a common sense and mutually agreeable resolution with Mr. Evans. I have offered both land and a right of way for the road. Of the four neighbors impacted by a hundred - plus - year -old survey, Evans is the only neighbor who refuses to participate in the cost of clearing the matter up; Evans is the only property owner gaining land on net (should his demands be met). But none of this is relevant to the current lot line applications. Mr. Evans and his attorney have no standing regarding the lot lines of Mitchell /Palm /Frederick. His objections in the current matter are, therefore, irrelevant. If after reading this you cannot proceed with the two current lot lines while the disputed Evans lot line is represented, I'm willing (though not agreeable) to proceed without showing this lot line. Michael Mitchell 503 620 3203 On Fri, Jun 24, 2011 at 2:13 PM, John Floyd <Johnfl @tigard- or.gov> wrote: Hello Michael, Mr. Norr (the attorney for your neighbor) asked for copies of all new documents related to your file. 1 sent him a copy of the revised map, attached is his reply. I am doing my best to keep you both in the loop regarding the documentation I am receiving. If you have any questions, please feel free to contact me. t Regards, John From: Michael Mitchell [no ho:iccinkl@gmaiiomn] Sent: Thursday June 23, 2011 11:10 PM To: John Floyd Subject: Fwd: Revised Map Forwarded message From: Tony Benthin <tony ncng.com> Date: Thu, Jun 23, 2011 at 5:15 PM Subject: Revised Map To: Michael Mitobc1l<iocioklagruai[corn> Michael: Original being mailed. [ox■ }ioxhin |`| , PLS 8co/hm Lngi/wx,iog. Inc. (503) 625-6918 p (5U3)625'\6|6[ DISCLAIMER. E-mails sent or received by City of Tigard employees are subject to public record laws If requeshed, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedu|e.^ 2 C. t 1. -. • l racer ws . ea•: . - ' ' ° ° M - rfieUTORY, varoe_tb! _ k__ _ ___ _ •• r_wn nytet yet n+nrrwa m "'rural o. gees t om ; NA BARGAIN AND SALE DEED — STATUTORY FORM M r INDIVIDUAL GRANTOR o f I, _..... __QT.T._ Sz.t__._F nix RI.K t. Trustee .— ._ __. _. _ ..__. . �..._ ......_.._ _. ._....... _ __._. I ti 1 conveys to . SCOTT G FREDERICK and KATHLEEN R •. . „ FREDERICK, husband andwife . .. '... , Grantor. I - --.. ... ._._ __..___..... .•._.... •..........•.._.._ _....__..__ ... ............. ..._ .._._... »»..........__•_..., Grantee, the following real property sitc:ated in ...._wa — ,. -- i County, Oregon, to -wit: • • ■ A part of Lot 32, T1GARDVILLE HEIGHTS, in the County of Washington, State of Oregon, more particularly described as follows: Beginning at the Southeast corner of Lot 32, TIGARDVILLE HEIGHTS, and running thence North . . 0 Degrees 07' 30" West along the East line of said Lot 32, a distance of 177.18 feet, more or less, to the Southeast corner of that certain tract conveyed to Henry J. Rattay, et ux, by deed recorded December 6, 1948, in Book 291, page 305, Deed Records; thence South 89 Degrees 52' West along the South line of said Rattay tract, 358.15 feet, more or less, to a point on the West line of said Lot 32; thence South along the West line of said Lot 32, a distance of 177.18 feet, more or less, to the Southwest corner of said lot; thence East along the South line of said Lot 32, 358.57 1 feet, more or less, to the place of beginning; IIF SPACE INSUFFICIENT. CONTINUE DESCRIPTION ON REVERSE 5109 . The true consideration for this conveyance is $ . None .., .. .. (Here comply with the requirements of ORS 93.030) THIS Dated this �.2.e ! day of .. April ......... ....... . ., 19...9.6 O ' INSTRUMENT IN VIOLATION LPL B E OF THE PROPERTY DESCRIBED IN THIS L / co Scott G . r c rick LE LAND USE LAWS AND REGULATIONS. , Trustee BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIRING FEE ' PLANNING THE EPAR MENTIDVERIFY APPROVED USES 10 DE ERMINNE OMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN DRS 3093C1 STATE OF OREGON, County of . W.G hijigt .Q.0 ) ss. This instrument was acknowledged before me on April Wit, , 19 96 by SGQT.T...G....__ p.r.RIcK • -, a C NARLENE C. OFFICIAL SEAL STANSBURY .- ei...i.6a..,c.t , J 4 t1.._,L.6 .. ` � _ PUBLIC Pub of for Oregon • ' NOTARY PUBLIC-OREGON :: j COMMISSION NO. 031103 My commission expires 3 ` / 1 • MYCOMMISSION EAPIRESMARCH 18. 1533 p BARGAIN AND SALE DEED • Scott G. Frederick, Trustee STATE OF OREGON, Scott G. 5 Kathleen R. FfEid ti k ss. ; • 9755 S.W. Inez aw•NTtr, County of Tigard, Oregon 97223 I certify that the within instru- 4.• . •nervy• s..• ment was received for record on the ' r'' Alter recording elute for . - - -- _. day of.... .. , 19 , - Scott C. & Kathleen R. Frederi k ,,,.. ,,,, at ...... .... o'clock M., and recorded 9 755 S.W. Inez ra in boor /reel /volume No...... on * ; Tigard, Oregon 97223 .cr:o.ac., u,t page . ... ..... or as fee /file /instru- ment /microfilm /reception No , ..•MT •oo•t*s t.. Record of Deeds of said county. Until o thong* Is tegoetted. oil toe ttotsmenle Witness my hand and Seal of ii ,hall be sent to the following address, County affixed. Scott G. S Kathleen R. Frederi k 9755 S.W. Inez ...AMC flrLt ' Tigard, Oregon 97223 r. • ` r.► By Deputy g p•••••• Aaawsws zi• • :•,r r r. T ;','dritrnr;fn r, 4 ,r,.. r n STATE OF OREGON } SS County of Washington Jerry 1i�Ffansvq!4 r of Aaaeas- ment and Nitta for :1104 E[,, to C ounty Clerk forriadd'c • ' • • a grew rtify that calved the within ins • • and recOrdad: • . , 6o>!d of aail county.; • � 1 ^ .TA's . k arty t# a&i irector of ` %l'AOeaaiif Dinah p¢laxadon, Ex- pplaisigi tf Clerk Doc : 96035775 Rect: 163034 38.00 04/23/1996 12:54:14PM 0 John Floyd From: Michael Mitchell <iceink1 @gmail corn> Sent: Thursday, June 23, 2011 1110 PM To: John Floyd Subject: Fwd: Revised Map Attachments: 20110623171544532.pdf Forwarded message From: Tony Benthin <tony cz,benthineng.com> Date: Thu, Jun 23, 2011 at 5:15 PM Subject: Revised Map To: Michael Mitchell <iceinklggmail.com> Michael. Original being mailed Tony Benthin PE, PLS Bent Engineering, Inc. (503) 625 -6918 p (503) 625 -1616 f 1 O. ■ j I PROPOSED PROPERTY LINE ADJUSTMENTS � I LOCATED IN A PORTION OF LOT 32, TIGARDVILLE HEIGHTS, j AND IN THE NORTHWEST 1/4 OF SECTION 11, T2S, R 1 W, W.M. CITY OF TIGARD, WASHINGTON COUNTY, S88'04'39°W 330.18' W.M., , OREGON . ECE ol in I I w JUN 9, 4 2011 }`' + z I CITE' OF TIGARD b in a PLANNING/ENGINEERING PREPARED FOR: i MICHAEL MITCHELL „ _.- I y i 14.325 SW 97TH AVE. O o 0 0 0 0 i TIGARD, OR 97223 8 14325 SW 971N AVE • 2S 1 119A T11700 I 1 OLD AREA a 49505 SQ.FT. I MITCHELL NEW AREA = 56033 SQ.FT. ' 1 • ADJUSTED AREA (SOUTH) to 6528 SIFT. 0 N — § 0 o I g R i o LEGEND: cg OLD PROPERLY LINE I i z n3 ADJUSTED PROPERTY LINE tn o II f 0 0 - FENCE N895200 E _.._....._.._.._..� ''" —' -"- 330.04 SW VIEW TERRACE 6528 SQ.FT S - NEW •'#• LINE I I 2 OLD I A RE A - 51728 .FT. I NEW AREA = 50800 FT PALM . ADJUSTED AREA (NORTH m 6528 SOFT. ' 2 ADJUSTED AREA ,SO = 5603 SOFT. 0 • I I cri OLD PROPERTY LINE ._ 0 tti I i REGISTERED 1 N89 "E 330.05' i LANDFSURVEYOR • 5803 SQ.FT ......_ .,. ..,...... ..& , • _ .: w. II N S �!� B CAIS 1" 60 RaEf NEW P' LINE f 00 B1358 FREDERICK I oars 1 . i ~ 9755 1 8 11.1500 7 \ I PI NEW ADJUSTED AREA in 5603 SO.FT. z 1 1. N11'30'30"W ' -•, ' 0 6.20' �'' ,j \ i• JOB NAME: A1H:F0EI_ MITCHELL PROPERTY SURVEYS .TOPOGRAPHIC/SITE SURVEYS j SUBDIVISION HATS . ALTA SURVEYS . CONSTRUCTION STARING SW INEZ STREET N88'02'45 "E 347.85' 1 j JOB LOCATION: TIGARD, OREGON 1 l I DRAWN BY ACS DATE DRAWN: 04 /07/11 I ' I ACS DATE SURVEYED: 03/31/11 E, INC. I } I DESIGNED BY: REVISED: 08/23/11 — .._.._.._.._.._.._.._.._..J � CHECKED BY: ENGINEERING I LICENSSD P.O. BOX 10O, SHERWOOD, OR 97140 DRAWING NO.: 439- MITCHELL ISHEET 1 OF 1 _ PHONE: (503) 625 -6918 FAX: (503) 625 -1616 I PAUL NORR ATTORNEY AND COUNSELOR AT LAW 5550 S W MACADAM AVENUE, SUITE 330 PORTLAND, OREGON 97239 PHONE 503- 228 -3862 FAx 503 225-1028 E -MAIL PAULNORR @IPNS COM WEB: WWW PAULNORRLAW COM SENT VIA FAX NO. 503 - 684 -7297 and RECEIVED PLANNING REGULAR U.S. MAIL June 22, 2011 JUN 2 3 2011 CITY OF TIGARD Current Planning Section Department of Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Lot Line Adjustment Application LLA #2011 -0002 Objections of Neighbor James Evans at 14285 SW 97 Avenue Dear City of Tigard: I represent James Evans, who owns and lives at 14285 SW 97 Avenue. Mr. Evans has owned his property since 1961. The Evans property is adjacent to and north of the Michael Mitchell property at 14325 SW 97t Avenue. The Mitchell property is one of the properties subject to Lot Line Adjustment LLA #2011 -0002. On behalf of James Evans, I object to approval of LLA #2011- 0002. The Mitchell property is Parcel 2 of LLA #2011 -0002. The square footage shown on the LLA application for the "old" Mitchell property (49,505 sq. ft.) is not accurate. The square footage shown on the map accompanying the LLA application (49,505 sq. ft.) for the Mitchell property is also incorrect. Also, the location of both the "Old Property Line" and the "New Property Line" for the north property line of the Mitchell property is incorrectly depicted on the applicant's map. City of Tigard (RE: LLA #2011 -0002) June 22, 2011 page 2 Further, the Lot Line Adjustment application requests that the City of Tigard declare a new location for the joint property line between the Mitchell and Evans properties at an arbitrary location unilaterally selected by the applicant, and without the approval of James Evans. The basic facts are: 1. Mr. Evans confirms that the house and concrete pad (carport) have been in existence at the location shown on the applicant's map since Mr. Evans purchased in 1961 (over 50 years). The enclosed printout from the Washington County Assessment & Taxation website shows that the house on the Evans property was constructed in 1945, or 16 years before Mr. Evans purchased in 1961. 2. Mr. Evans confirms that the driveway for the Evans property has been in existence at the location shown on the applicant's map since Mr. Evans purchased his property in 1961 (over 50 years). Presumably the driveway has been in existence since the house was constructed 1945. 3. Mr. Evans confirms that the existing fence has been at the location shown on the applicant's map since before 1986 (over 25 years), and at the same location as a pre- existing hedge line that had existed at least since 1961 (over 50 years). 4. Mr. Evans confirms that by agreement with the prior owner of the Mitchell property, the property line between the Mitchell property and the Evans property has been the existing fence line (as shown on the applicant's map), extending from the west property line in a straight line all the way to the east property line (SW 79 right -of -way), since 1961. City of Tigard (RE: LLA #2011 -0002) June 22, 2011 page 3 There is a property line dispute between Mr. Mitchell and Mr. Evans. It is not the City's job, nor within the City's authority, to resolve property line disputes between neighbors such as Mr. Evans and Mr. Mitchell. It is, however, the City's obligation, before approving a Lot Line Adjustment (which is a land use application), to specifically find that the applicant actually owns the property claimed to be owned in the application. Without such a finding, the application cannot be approved, as the City has no authority over land for which the true property owner has not consented to the application. Given the length of time that the Evans house, driveway, and hedge -fence line have been in existence, with Mr. Evans' confirmation of that history, and the A &T printout confirming the existence of the Evans house since 1945, Mr. Mitchell has not demonstrated with competent evidence that he is the owner of the land he claims to own up to the "old" property line as shown on the application map. Please specifically note that Mr. Mitchell, in his application, is claiming to own Mr. Evans' driveway. As stated above, that driveway has been in existence and used by Mr. Evans and his predecessor since 1945. The application map shows the "old" square footage of the Evans property to be 46,893 square feet. However, the enclosed A &T printout for the Evans property shows the property to be 1.16 acres, or at 43,560 square feet per acre, to be 50,529.6 square feet. The application and application map show the "old" square footage of the Mitchell property to be 49,505 square feet. However, the enclosed A &T printout for the Evans property shows the property to be 1.13 acres, or at 43,560 square feet per acre, to be 49,222.80 square feet. City of Tigard (RE: LLA #2011 -0002) June 22, 2011 page 4 The information provided by Mr. Mitchell is incorrect, and not reliable. In spite of what old deed records might say, through adverse possession and boundary by agreement, Mr. Evans owns the property up to and including the existing fence line, as that fence line extends eastward to SW 79t''. In the face of the historical evidence (as documented by Mr. Evans, by the Division of Assessment & Taxation, and as acknowledged on the application map) Mr. Mitchell has not adequately demonstrated otherwise. Without Mr. Evans' approval, the City cannot approve a land use action that recognizes a change to Mr. Evan's property line. The applicant is attempting to have the City resolve a property line dispute between neighbors by having the City "bless" the applicant's unilateral declaration of the new location of a disputed line, which includes the creation of a previously non- existent jog in the property line. Please contact me with any questions. Please place a copy of this letter in the file for LLA #2011 -0002 and include it in the record for this case. Please also add my name and address to the official mailing list for any notices or decisions related to this matter. I can also be reached via E -mail or FAX. Re fully, Ati1i Paul Norr PN /2 c: James Evans Michael G. Magnus, attorney for Michael Mitchell y G eog� - phc I , fo, aton ys ter -0 Navigation: Washington County » GIS » Reports: A &T Report 2S111BA01800 1 General Information s Assessment & Taxation Report e �� j�' /Di interactive maps ._ �.:;.:�_ _ ma a lter ;General Property Informatio P9 Y . Site Address: 14285 SW 97TH AVE. TIGARD OR, 97224 I data catalog .. _ _ __ _ __ _ .° . Tax Lot ID: 2S111BA01800 contacts ----__ ___ _____ ____ _ ._ _ _ ., ._ = Property Account ID: = R501683, _ _ other gis links Property Classification: 1010 - RESIDENTIAL IMPROVED - See full list of Codes gis introduction - - ----- -. __ _.. - _ _ _ . �__� _ ____ ,.. ._ 'Neighborhood Code: ;ETIG frequently asked questions ;Latitude /Longitude: ;45.4166630 / 122.777004 Property Search Sales / Deed Information property / taxlot -Sale Date `Sale Instrument Deed Type Sale Price tax maps $ Survey Search ., , , ,......... __ ... .... ....... .. Land Services Assessed Values for Account R501683 Building Services , Roll Date: '09/17/2010 Taxcode: 023.74 , 'Market Land Value: 226,680 ` _._.... ___,_ ..............._ ......_._ ....._. Market Bldg Value: $73,670 'Special Market Value: 1$0 Market Total Value: $300,350 Taxable Assessed Value: x$158 620 iLegal: 'No Legal Found Lot Size: ,A &T Acres: 1.16 1 Bldg Sq Ft: 1206 Year Built: 1945 1 Improvement Information Total Improvement Value: =$73,670 Plumbing BATH =02 __.._. Bedrooms ;Improvement Details =Description j Value :Square Feet CARPORT ATTACHED '$7,460 1576 ! MAIN AREA $64,210 €1206 PATIO CONCRETE 1$2,000 840 __ _^ _, mm © 2000 - 2011 Washington County. All rights reserved. Links to external sites do not constitute endorsements by Washington County. By visiting this and other Washington County web pages, you expressly agree to be bound by the terms and conditions of the site. For questions regarding information privacy, liability, accessibility, and public records policies, please review the statements document. This page maintained by Washington County Technology Services. Need assistance with this page? email us okc 4441°,'Y C dpi ': , , i C4 <a Geographic Irl fQrrr ati9 1 ,ms, .. , Navigation: Washington County » GIS » Reports: A &T Report 2S111BA01700 General Information p � � � Assessment & Taxation Report �� w /f/ �G /� interacave maps - - - - ---- ter, .,:" - -- - map gallery roper General Property Information data catalog - Site Address: 14325 SW 97TH AVE. TIGARD OR, 97224 - ° - ___,,, ;Tax Lot ID: 12S111BA01700 contacts !- -- _ - - -_ _ _. __ ___. _ - — !Property Account ID: R501674, other gis links Property Classification: 1010 - RESIDENTIAL IMPROVED - See full list of Codes gis introduction - .. - ._ _ _ . _. __ _ __ - -_- - .. ---_ -- — _.Neighborhood Code: ETIG _ frequently asked questions Latitude / Longitude: 1 122.777009 Property Search Sales / Deed Information property / taxlot Sale Date Sale Instrument ;Deed Type Sale Price tax maps ;07/06/2010 2010052213 [WARRANTY DEED ;$350,000 Survey Search '// ... _._ $0 $0 Land Services �..:,:..,,..,.. ,:. 9,,,,.... �,,,, ..,..h......y. ;Assessed Values for Account R501674 Building Services ___._ _ .................... . ._.. _....... . Roll Date: 109 /17/2010 Taxcode: 023.74 Market Land Value: , $224,030 Market Bldg Value: '$227,370 Special Market Value: $0 Market Total Value: 1$451,400 ;Taxable Assessed Value: $346,320 ;Legal: No Legal Found Lot Size: 'A &T Acres: 1.13 !Bldg Sq Ft: 3804 Year Built: ;1953 Improvement Information !Total Improvement Value $227,370 Plumbing €BATH =03_ i _ _ _ Bedrooms - - __ __ _ ......._ ..,,,........ ,.., , ,x, ... ;Improvement Details ! (Description Value Square Feet !BASEMT FINISHED $35,940 1076 DRIVEWAY ASPHALT 1$6,320 4020 GENERAL PURPOSE 1$1,470 x 215 'SHED GARAGE FINISHED 3$24,500 736 MAIN AREA 1$151,620 12728 iPATIO AGGREGATE ;$4,730 11572 (ROOF FIBERGLASS ;$2 444 , © 2000 - 2011 Washington County. All rights reserved. Links to external sites do not constitute endorsements by Washington County. By visiting this and other Washington County web pages, you expressly agree to be bound by the terms and conditions of the site. For questions regarding information privacy, liability, accessibility, and public records policies, please review the statements document. This page maintained by Washington County Technology Services. Need assistance with this page? email us John Floyd From: John Floyd Sent: Wednesday, June 22, 2011 4:31 PM To: 'iceinkl ©gmail.com' Subject: Letter from Paul Norr Attachments: John Floyd.vcf; Paul Norr Letter June 22 2011.pdf Thank you for calling me back. As requested, I am forwarding a letter submitted by your neighbor's attorney. As we discussed on the phone this afternoon, the City has only received applications for 3 of the 4 affected lots demonstrated on the proposed site plan. To approve this project, the City will require either (1) a change in the map to remove the Evans property, or (2) an application bearing a signature from the Evans. Either is satisfactory from our perspective. Other comments and requests may be forthcoming, but this is the one issue in the application that should be addressed sooner rather than later. Regards, John Floyd ; John Floyd iiii City of Tigard , Associate Planner ` Community Development ' - (503) 718 -2429 johnfl ©Tgard -or .go 13125 SW Hall Blvd, f i 6; Tigard, OR 97223 i r,),:is;,...:cliv..114„..4:4 Please consider the environment before printing this email . 1