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VAR2009-00010VAR2wO09 -000 to NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT (VAR) .2009 -00010 :,: MERCER REAR YARD SETBACK' 120 DAYS = 10/13/2009 SECTION I. APPLICATION SUMMARY FILE NAME: MERCER REAR YARD SETBACK CASE NO.: Development Adjustment (VAR) VAR2009 -00010 PROPOSAL: The applicant requests an adjustment to the rear yard setback to reduce the setback from 15 feet to 12 feet, a reduction -of 20 %, to accommodate construction of a sunroom addition. APPLICANT: Scott & Valerie Mercer OWNER: Same as applicant 11530 SW Gallo Avenue Tigard, OR 97223 ZONING: R -4.5: Low - Density Residential District. The R -4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 11530 SW Gallo Ave., WCTM 1S134DC, Tax Lot 11300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,18.390 and 18.510. SECTION II. DECISION Notice is. hereby given that, the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section IV. VAR2009 -00010 Mercer Rear Yard Adjustment Decision 061609 Page 1 CONDITIONS OF APPROVAL 1) The applicant shall obtain a permit for the addition from the Building Division. 2) The applicant shall provide tree protection for existing trees by placing a 5 foot fence at the drip line of the tree(s). THIS APPROVAL SHALL BE VALID FOR 18 MONTHS . FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information: The site is in the Cascadian Place Subdivision near the intersection of Gallo Avenue- and Tigard Street This lot, on the west side of Gallo Avenue, is irregular in shape and the home was constructed with an extended front yard setback when compared to other lots on this street. The lot is approximately 6,840 square feet in area. All the lots but one in this subdivision are slightly smaller than the R -4.5 minimum. Site History: The subject property was approved through review of a subdivision in 2002. This lot is on the perimeter of the subdivision with normal setbacks for Residential Zone R -4.5 and is irregular in shape due to the street running diagonally across the front. - Proposal Description: The proposal is to construct a sunroom addition on the west side (rear) of the home. The applicant requests an adjustment of 20 % of the rear yard setback in order to build the addition to maximize the sun exposure. No trees will be removed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: RESIDENTIAL ZONING DISTRICTS (18.510) The development standards that affect this property are as shown below. TABLE 18.510 — DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD — R -4.5 ZONE Standard Proposed Minimum Setbacks -Front yard 20 ft No change -Side facing street on comer & through lots 15 ft No change -Side yard 5 ft No change -Rear yard 15 ft 12 ft (20% reduction) - Distance between property line and front of garage 20 ft No change VAR2009 -00010 Mercer Rear Yard Adjustment Decision 061609 Page 2 r' DEVELOPMENT ADJUSTMENT — APPROVAL STANDARDS: Section 1$.370.020.B.1.b provides that up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant has requested a 20% reduction in the required rear yard setback of 15 feet. This would reduce the rear yard setback to 12 feet. All other setbacks will be adhered to. The adjustment is requested to be able to construct the addition in a manner to maximize sun exposure. b. The Adjustment will result in the preservation of trees, if trees are present in the development area; No trees will be removed as part of this addition. C. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. d. There is not a reasonable alternative to the Adjustment which achieves the desired effect. The placement of the addition is the most reasonable and least intrusive into setbacks. The addition as it is planned will not intrude into a side yard. Due to the placement of the home on a slightly irregular lot there is no other reasonable alternative to reach the desired effect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: The decision of the Director on Type I Procedure 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. THE DECISION IS FINAL ON JUNE 16, 2009 AND BECOMES EFFECTIVE ON JUNE 175 2009. Questions: VAR2009 -00010 Mercer Rear Yard Adjustment Decision 061609 Page 3 Questions.: If you have any questions, please call the City of Tigard Current Planning Division at (503) 639 -4171 or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223. 51 J Uv Approved by: Darrel "Hap" Watkins Assistant Planner June 16, 2009 Date VAR2009 -00010 Mercer Rear Yard Adjustment Decision 061609 Paee 4 fig'EM-D� JUN 1 2 2009 20zP,0� PLAI~dNt[. a NGIN, E111NG Lo1"A�:eA: GNI (3U t t,^�•I N�.� !� E��C� : 2052 1 m E r4 i OSAfr % q20 Sc? ��-iocte� KEYSTONE DEVELOPMENT P.O. Box 476 Lake Oswego, OR 97034 COT Y OF TImam® P ® �T� >✓T' TREES S IL;4�c k) G) T-0 izFMA, 15, \Al. Gf'A L, L,:::> �U I SCI Nfs �i•.�v E�.�?. 5 iLT'r- E.Ncr pf!�>s, F-f��i' 20o I c Approved ................................... V j ^onditionally Approved .................... f 1 Far only the, �r r,�c a d`escribe�l n PERMITPIGC See Letter to: Follow----- ---- --- ------ -- - -- { I Attach -- - - - �Job Add ss:,�_ D L0 r 2 GPt`�c^PIAIL A .1 • 1 111!59 VICINITY MAP VAR2009-00010 MERCER SETBACK ADJUSTMENT ® Subject Site t13 11GARD S*t Information on this map Is for general location LJ only and should be verified with the Development > > Services Division. 1f1AJ Scale 1:1,339 - 1 in = 112 ft 11E7.3 —J Map printed at 16-Jun-09 02:19 PM C7 i DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE q 1 j4i;s CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN, THE CITY OF TIGARD $HALL ASSUME NO LIAR ILITY FOR ANY ERRORS, OMISSIONS. OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED, 11 E15 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 11540 TIGARD PS A 503 639-4171 11 Jlt www.tigard-or.gov 0 0 44 AFFIDAVIT OF MAILING ELL P= 1HU 'ARD I, Patricia L. Lunsford, being first dulysworn/affirm, on oath depose and saythat I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: fCh ckAw� Box(s) Bebwl D NOTICE OF DECISION FOR VAR2009- 00010 /MERCER SETBACK ADJUSTMENT (File NoMam Reference) AMENDEDNOTICE ® City of 'Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "N', and by reference made a part hereof, was mailed to each named person(s) at the address (s) shown on the attached list(s), marked Exhibit "B" , and by reference made a part hereof, on Lune 162009, and deposited in the United States Mail on June 16, 2009, postage prepaid. . that STATE OF OREGON County of Washington City offFigard �, 2009. Subscribed and swom/affirmed before me on the 0 q day of .LV-t'J� A - NOTARY PUBLIC OF OREGON My Commission Expires: `f�aSl l- 0 EXHIBIT A_ 120 DAYS = 10/13/2009 SECTION I. APPLICATION SUMMARY FILE NAME: MERCER REAR YARD SETBACK CASE NO.: Development Adjustment (VAR) VAR2009 -00010 PROPOSAL: The applicant requests an adjustment to the rear yard setback to reduce the setback from 15 feet to 12 feet, a reduction -of 20 %, to accommodate construction of a sunroom addition. APPLICANT: Scott & Valerie Mercer OWNER: Same as applicant 11530 SW Gallo Avenue Tigard, OR 97223 ZONING: R -4.5: Low - Density Residential District. The R -4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 11530 SW Gallo Ave., WCTM 1S134DC, Tax Lot 11300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to.certa n conditions. The findings and conclusions on which the decision is based are noted in Section IV. VAR2009 -00010 Mercer Rear Yard Adjustment Decision 061609 Page 1 • • CONDITIONS OF APPROVAL 1) The applicant shall obtain a permit for the addition from the Building Division. 2) The applicant shall provide tree protection for existing trees by placing a 5 foot fence at the drip line of the tree(s). THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information: The site is in the Cascadian Place Subdivision near the intersection of Gallo Avenue and Tigard Street. This lot, on the west side of Gallo Avenue, is irregular in shape and the home was constructed with an extended front yard setback when compared to other lots on this street. The lot is approximately 6,840 square feet in area. All the lots but one in this subdivision are slightly smaller than the R -4.5 minimum. Site History: The subject property was approved through review of a subdivision in 2002. This lot is on the perimeter of the subdivision with normal setbacks for Residential Zone R -4.5 and is irregular in shape due to the street running diagonally across the front. Proposal Description: The proposal is to construct a sunroom addition on the west side (rear) of the home. The applicant requests an adjustment of 20 % of the rear yard setback in order to build the addition to maximize the sun exposure. No trees will be removed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: RESIDENTIAL ZONING DISTRICTS (18.510) The development standards that affect this property are as shown below. TABLE 18.510 — DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD — R -4.5 ZONE Standard Proposed Minimum Setbacks -Front yard 20 ft No change -Side facing street on corner & through lots 15 ft No change -Side yard 5 ft No change -Rear yard 15 ft 12 ft (20% reduction) - Distance between property line and front of garage 20 ft No change VAR2009 -00010 Mercer Rear Yard Adjustment Decision 061609 Page 2 • • DEVELOPMENT ADJUSTMENT — APPROVAL STANDARDS: Section 18.370.020.B.1.b provides that up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant has requested a 20% reduction in the required rear yard setback of 15 feet. This would reduce the rear yard setback to 12 feet. All other setbacks will be adhered to. The adjustment is requested to be able to construct the addition in a manner to maximize sun exposure. b. The Adjustment will result in the preservation of trees, if trees are present in the development area; No trees will be removed as part of this addition. C. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. d. There is not a reasonable alternative to the Adjustment which achieves the desired effect. The placement of the addition is the most reasonable and least intrusive into setbacks. The addition as it is planned will not intrude into a side yard. Due to the placement of the home on a slightly irregular lot there is no other reasonable alternative to reach the desired effect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: The decision of the Director on Type I Procedure 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. THE DECISION IS FINAL ON JUNE 16, 2009 AND BECOMES EFFECTIVE ON JUNE 173, 2009. Questions: VAR2009 -00010 Mercer Rear Yard Adjustment Decision 061609 Page 3 • LJ Questions: If you have any questions, please call the City of Tigard Current Planning Division at (503) 639 -4171 or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223. it r t Approved by: Darrel "Hap" Watkins Assistant Planner June 16, 2009 Date VAR2009 -00010 Mercer Rear Yard Adjustment Decision 061609 Page 4 Keystone Di Eve 46- -7741. peme Gss 6r-r RECENED (yroy,05ej 12 SeEck\ > 12� JUN 12 2009 SO4 T-0 R W/VAI CITY OF TIGARD 101:5 IL OD . 1 (n5 PLANNffNYGfENU11-'qr- 4i> 2052 4> 7- �zo v �Eg- 30 % 1 OS,Af �EjS Ctlofk �rr'Dp� ts' 4c - Xxz f WATE f - Mr-l-'sf- .... 205'01.. KEYSTONE DEVELOPMENT P.O. Box 476 Lake OsWego, OR 97034 c0TV (DIP TOOMB Approved ................................... ('onditionally Approved... ................ For only th PERMIT W See Lefler to: Follow ....................... Job h,, — Date: T— LZZ 20% � 1 1 eo 2oo A\j t F 11 a -1-- F L, A H > LL > P • 0. a VICINITY MAP VAR2009 -00010 MERCER SETBACK ADJUSTMENT ® Subject Site TIGARD ST J d W Q Information on this map Is for general location only and should be verified with the Development Services Division. 11378 1— 11338 11340 11318 O 11606 J 11240 ' 11288, Scale 1:1,339 - 1 in = 112 it Map printed at 16- JUn•09 02:19 PM ,Q v U F'o WILY MS DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO LMSILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. 17655 15658 19615 Gity of Tigard 11648 T,GAR M 1 MAPS OR 97223 503 639 -4171 t i C9 — .tigardor.gov 11675 IL 11111660 UUCaYA1l3[) 1S134DC11300 MERCER, SCOTT D & MERCER, VALERIE GAY 11530 SW GALLO AVE PORTLAND, OR 97223 � � EXHIBIT c$ ADJUSTMENT Q TYPE I APPLICATION�� City of Tigard Pemzt Center 13125 SWHa11 Bluff, Tiga� OR �7223� 0 2009 Phones 503.639.4171 Fax: 503.598.1960 /1/y `°��9P�,il IVIppG GgFiD GENERAL INFORMATION r J61S'11VG Property Address /Location(s): 11530 S. W . CQtto hyey1Ue T � !RardXR q-I tZS Tax Map & Tax Lot # (s): Ito :Lb 4UG' C ms cad: ah ?ka.ce - Lot I Site Size: , 1(p pkGreS Applicant--: SGO++ 'D. av�& Valerie. G. tAefCer Address: 11, BO nnS.W. GQllp kift IE City/State: ; iQatrd . ()r Moy\ Zip: 0110223 Primary Contact: Se-.+* .2r- Va\er1 f.1[Y arcer Phone: 5105- Sg5-4,,1-13 Fax: Property Owner/ Deed Holder(s)'--: (Attach list if more than one) S co*-4 �0 . av4.d V alee,e, CA MP -CCOr Address: 11530 S.W. Gallo JeNd'hone: 5 - Sg.$•(o"j'j3 City/State: T .5 ;ard , fA Zip: q-1225 When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. FOR STAFF USE ONLY Case No. QAQ- ;;�W-OMD Other Case No(s).: Receipt No.: 1 '? 3 13 1 Application Accepted By. Date: Vl p t 6 q Date Determined To Be Complete: Comp Plan/Zone Designation: Rev. 711107 is \curpin \masters \land use applications \adjustment -Type 1 App.doc REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY ✓ Application Elements Submitted: The owners of record of the subject property request permission for an Application Form Administrative Adjustment to the following provision(s) of the Community RK Owner's Signature /Written Authorization Development Code (please circle one only): ltle Transfer Instrument or Deed ➢Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage ➢Special Adjustments: Site /Plot Plan (2 copies) ♦ Adjustments to a Subdivision ite /Plot Plan (reduced 8%2'x 11') ♦ Reduction of Minimum Residential Density ♦ Landscaping Adjustments - Existing /New Street Trees Applicant's Statement ♦ Parking Adjustments - Reduction in Stacking Lane Length /(Addressing Criteria Under Section 18.370.020) ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. rUr// Filing Fee ♦ Setback Adjustments - Setbacks to Reduce Tree Removal ♦ Wireless Communication Facility Adjustments - Distance From Another Tower Washington Square Reg. Center Detuity Adjustments JJ 1.L,�_w is Q,tA K7�`��`Q�� 1S �Q Please state the reason for the Ad•ustment request: CY�'%('S Suht�p5 1\101 c &S W 1 L VJt�'�l °/o vc. ' 5111 A h2. L ad&,�,-Ovk of Vt e -45J S a Lmroo 1iLe 0c6\1&sAV * *W( V V\0Ir % p¢,ot¢, -1'�a. hAam e - N emk" S i !APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described or he 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 reauest does not violate anv deed restrictions that'may be`attachedto orimposed upon the subiect nrope ♦ If the application is granted, the applicant will exercise the rights granted in accordance 'with the terms and subject to all the conditions and limitations of the approval ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith,"are . true; and the applicants so acknowledge that any permit issued, based, on this application, maybe revgked if it is found - (that any such statements are false. 4: o ♦ The applicant has read the entire contents of the application; including the policies and criteria, and understands thi requirements for approving or denying the application h C } n SIGNATURES of each owner of the subject property.., DATED this day oflt�YlQ� Applicant/Authorized Agent Signature Owner's Signature ees Signature Owner's Signature , v ♦ r� " i w b R 4 r, r i � a 1 • a CITY OF TIGARDO - • 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Receipt Number: 173931 - 06/10/2009 RECEIPT CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2009 -00010 Development Adjust 100- 0000 - 438000 $236.00 VAR2009 -00010 Development Adjust - LRP 100 - 0000 - 438050 $35.00 Total: $271.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 05506C STREAT 06/10/2009 $271.00 Payor: Scott D Mercer Total Payments: $271.00 Balance Due: $0.00 Page 1 of 1 fe Waahingtona _ nty, Oregon 2004- 006864 • 1 01/23/20048:49 PM RECORDING REQUESTED BY D•OW, Cnt ■1 Stn ■7 K ORUNEWALO FIDELITY NATIONAL TITLE COMPANY OF OREGON S5.00 $.00 $11.00 $750.00 •Total ■ 1772.00 I 6 GRANTOR'S Keystone Development, Inc. 00522699200400068640010018 ?; I, Jerry Hanson, Director of Assessment and Taxation GRANTEES NAME i and Ex -O leloCountyClerkforWashingtonCounty, Oregon, do hereby certify that the within Instrument of . 5° Scott D. Mercer writing was rocelvsd and scorded In the book of records of said county: SEND TAX STATEMENTS T0: Jerry R. Hanson, Director saeslmentandTaxation, ): 1 Ex -Offlclo County Clerk Scott D. Mercer , 11530 SW Gallo _Ave Portland, OR 97223 AFTER RECORDING RETURN TO: Scott D. Mercer 11530 SW Gallo Ave Portland, OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S I , STATUTORY WARRANTY DEED Keystone Development, Inc., a Oregon Corporation, Grantor, conveys and warrants. to �} Scott D. Mercer, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon, Lot 2, Cascadian Place, in the City of Tigard, County of Washington and State of Oregon. •t Subject to and excepting: r LEasements, covenants, conditions and restrictions as shown on the recorded plat; Constrictions, restritions easement t.:..l and setback lines as recorded December 20, 2002 as fee no, 2002 - 156883. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $349,900.00 (See ORS 93.030) DATED: January 19, 2004 Keystone evelop ent, Inc a Oregon corporation By: ames P ak, President STATE OF GREG , COUNTY OF' %'���y,�,z.� This instrument was acknowledged before me on by as of NOTARY PUBLIC— OREGON MY COMMISSION EXPIRES: FORD -313 (Rev 2/96) 7`" WASHINGTON COUNTY REAL pROPERTY TRANSFER TAX S 0 0� FEE PAID DATE • ':OFFICIAL SEAL CAROL L 3RUDA NOTARY PUQLIC COAi1MISSION N0. 348887- * MY COMAIMION EXPIRES SEAT. 19, 2005 , STATUTORY WARRANTY DEED er° Wast> County, Oregon 2008 -068174 08104 8 02:45:44 PM 13-088 Cnt =1 Stn =12 $ PFEIFER • $10.00 $5.00 $11.00 • Total ■ $28.00 After recording, return to: t� 111IIIIII Hill 1111111111111111111111111 i Nancy L. Cowgill 01278082200800881740020023 Stoel Rives LLP 1, Richard Hobemicht, Director of Assessment and Taxation and Ex- Offtclo County Clark for Washington 900 SW Fifth Avenue County. Crew, do hereby certify that the within • Instrument ofwdting was received and rec rd ad In tne Suite 2.600 book of records of add cour7tt Portland, OR 97204 Richard Hobemlcht, Dlrei'ct�or,off+ACsXuumentAan - Taxation, Ex -0Rtclo County Clerk Mail all tax statements to: Scott D. Mercer and Valerie Gay Mercer 11530 SW Gallo Avenue Portland, OR 97223 Tax Account No. 82116934 STATUTORY BARGAIN AND SALE DEED SCOTT D. MERCER, Grantor, conveys to SCOTT D. MERCER and VALERIE GAY MERCER, Grantees, as tenants by the entirety, the following real property located in Washington County, Oregon: Lot 2, Cascadian Place, in the City of Tigard, County of Washington and State of ' Oregon. The true consideration for this conveyance is $0.00. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS 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. 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 THETROPERTY 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. DATED this day of )2008. t; Scott D. Mercer POjtlnd I -24 t 2424.1 0049628 -00001 V STATE OF OREGON SS. County of This instrument was acknowledged before me , 2008, by SCOTT D. MERCER. OFFICIAL SEAL SHAWNA FOX- ANDERSON Notary Pu lic for Oregon NOTARY PUBLN - OREGON My Commission Expires: COMMISSION 0.397768 MY COMMISSION EXPIRES SPTEMBER 28, 2009 Portlnd1- 2412424.1 0049628 - 00001 2 I sieve 1 Opem'ent =I nc "503` =699 -7741 AAL 3 Mortgage L oan Ins ection COUNTY OF WASHINGTON STATE OF OREGON LEGAL DESCRIPTION: LOT 2 BLK. - -' SUBDIVISION: CASCADIAN PLACE CLIENT: KEYSTONE DEVELOPMENT LN - /JOB NO. ATTN.: JIM POLAK DATE: MARCH 25. 2003 SCALE: 1' = 20' ENGINEERS SURVEYORSso�a�es s T MEI T -o d ld, Gam\ 2� , 9 LOT 2 KEYST6NE DEVELOPMENT 11530 S.W. GALLO AVE. TIGARD 'COVE DESCRIBED PROPERTY TO BE SITUATE THEREON AS SHOWN. PROPERTY IN OUESTION. EXCEPT AS SHOWN. THIS LOCATION IS ON EIS MADE TAT HE- REOUESTMNDUFORT HE EXCLUSIVE LIABILITY THE SED FOR CONSTRUCTION PURPOSES. FUTURE TRANSACTIONS. CO 117.03' 35.0 a "' 15.0 ^11.5 o RESIDENCE co FOUNDATION 6.5 ONLY o cn M rn o Lr,j GARAGE 2.0 0 21.0 24.7' o ° 22.0 w 0 ti 88.71' 4230 N.E. FREMONT STREET. PORTLAND OREGON 97213 (503) 284 -5896 FILE NO U -8518