LLA2012-00001 LLA2O 12-00001
BUTTERFIELD
LOT LINE
ADJUSTMENT
NOTICE OF TYPE I DECISION
•
LOT LINE ADJUSTMENT (LLA) 2012 -00001
BUTTERFIELD LOT LINE ADJUSTMENT TI G A R D
120 DAYS = 06 -21 -2012
SECTION I. APPLICATION SUMMARY
•
FILE NAME: BUTTERFIELD LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (LLA) LLA2012 -00001
PROPOSAL: The applicant is proposing a lot line adjustment that will change the lot line
between tax lots 2S111AA07500 (.63 acre) and 2S111AA01400 (6.08 acres) to
Parcel 1, 3.48 acres, and Parcel 2, 3.22 acres listed as Tract A and Tract B on the
survey respectively. An easement will be recorded for future extension of 89t
Avenue to serve the two parcels. No other development is proposed at this time.
APPLICANT: Charles T. Butterfield CO - OWNER Charles T. Butterfield
350 Circle Court PARCELS 1 & 2: 350 Circle Court
Tillamook, OR 97144 Tillamook, OR 97144
CO - OWNER Mark J. Butterfield
PARCELS 1 & 2: 8770 SW Mm. View Lane
Tigard, OR 97224
LOCATIONS: PARCEL 1: No Address; WCTM 25111AA, Tax Lot 07500
PARCEL 2: 8770 SW Mm. View Lane; WCTM 2S111AA, Tax Lot 01400
ZONING
DESIGNATION: R -4.5 Residential: 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.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section IV.
LLA2012 -00001 Butterfield Lot Line Adjustment Decision Page 1
CONDITION OF APPROVAL
THE FOLLOWING CONDITION SHALL BE SATISFIED
1. The applicant shall record the lot line adjustment with Washington County and submit a copy of
the recorded survey map to the City within fifteen days of recording, to be incorporated into the
record.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The property is comprised of two parcels of 6.08 acres and .63 acre between 91" Ave. to 87 Ave. It is
accessed by a private drive from the end of 88 Ave. off Greensward Lane. The two parcels are to be
combined and adjusted to approximately even parcels of 3.22 and 3.48 acres. No other development is
planned at this time. An accessory structure will be partially demolished to provide the minimum side
yard setback of 5 feet along the new property line. A stand -alone accessory structure on the parcel with
no residence will be demolished.
Proposal Description:
The applicant is proposing a lot line adjustment that will change the lot line between tax lots
2S111AA07500 (.63 acre) and 2S111AA01400 (6.08 acres) to Parcel 1, 3.48 acres, and Parcel 2, 3.22
acres listed as Tract A and Tract B on the survey respectively. An easement will be recorded for future
extension of 89 Avenue to serve the two parcels. No other development is proposed at this time.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL CRITERIA: Section 18.410.040 contains the
following criteria 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. Both lots will exceed the 7,500 sq. ft. minimum
for the R-4.5 zone. This criterion is met.
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;
Based on the plans and photos submitted, one accessory structure is partially demolished to provide for
the minimum 5 foot side yard setback. Another accessory structure on the proposed new parcel with no
residence is partially demolished and will be completed under a voluntary compliance agreement with
the owner of that lot. The signed agreement has been made part of this file, there ensuring that this
criterion will be met.
LLA2012 -00001 Butterfield Lot Line Adjustment Decision Page 2
The resulting parcels are in conformity with the dimensional standards of the zoning district,
including:
• The minimum width of the building envelope area shall meet the lot requirement of the
applicable zoning district;
• The lot area shall be as required by the applicable zoning district. In the case of a flag lot,
the access way may not be included in the lot area calculation;
♦ Each lot created through the partition process shall front a public right -of -way by at least 15
feet or have a legally recorded minimum 15 -foot wide access easement; and
♦ Setbacks shall be as required by the applicable zoning district.
The lots will satisfy the minimum lot width or building envelope area for the R -4.5 zone and the lot line
adjustment does not create a flag lot. Access is from 88 Ave. off Greensward Lane by private drive.
The plans show an easement for future development of 89t Ave. when the property is developed.
Setbacks conform to the R-4.5 zone. These criteria are met.
With regard to flag lots:
• When the partitioned lot is a flag lot, the developer may determine the location of the front
yard, provided that no side yard is less than 10 feet. Structures shall generally be located so
as to maximize separation from existing structures.
• A screen shall be provided along the property line of a lot of record where the paved drive in
an access way is located within ten feet of an abutting lot in accordance with Section
18.745.040. Screening may also be required to maintain privacy for abutting lots and to
provide usable outdoor recreation areas for proposed development.
The proposed lot line adjustment does not create a new flag lot. This criterion 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.
There is no new access associated with this Lot Line Adjustment. This criterion 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.
The new parcels are served by a reciprocal access and utility easement for future development of 89
Avenue. This criterion is met.
Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress,
and Circulation.
Access has not been changed. Only one parcel has a residence and the other is undeveloped with an access
easement provided on the plans. This criterion is met.
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.
This is a lot line adjustment. The above criteria do not apply.
Variances to development standards:
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments.
The applicant has not requested a variance or adjustment. This criterion does not apply.
LLA2012 -00001 Butterfield Lot Line Adjustment Decision Page 3
FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been
satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not
be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON FEBRUARY 22, 2012
AND BECOMES EFFECTIVE ON FEBRUARY 23, 2012
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639 -4171.
I , 44
February 22. 2012
l' �
APPROVED BY: Darrel op" Watkins DATE
Livability Compliance Specialist
503- 718 -2440
liap@tigard-or.gov
LLA2012 -00001 Butterfield Lot Line Adjustment Decision Page 4
VOLUNTARY COMPLIANCE AGREEMENT
V
r
February 7, 2012
RECEIVED TIGARD
Charles T. Butterfield
350 Circle Court FEB 2 1 2012
Tillamook, OR 97144 CITY OF TIGARD
PLANNING/ENGINEERING
RE: Land Use Proposal -Lot Line Adjustment- LLA2012 -00001
I, Charles T. Butterfield, as the persons responsible for Tract A of a proposed lot line adjustment regarding
8770 SW Mountain View Lane, Tigard, Oregon, Case Number LLA2012- 00001, agree to the terms,
conditions, and remedies set forth below and promise to comply fully with them.
Code Citation:
TMC18.230.020.A: No person shall erect, construct, alter, maintain or use any building or structure
or shall use, divide or transfer any land in violation of this title or any amendment thereto.
TDC18.410.040.A.2: `By reducing the lot size, the lot or structure(s) on the lot will not be in
violation of the site development or zoning district regulations for that district."
The lot line adjustment cannot be accepted if an accessory structure is shown on the plans to become the
only structure on the parcel, therefore:
I hereby agree to the following terms:
I will cause the accessory structure (barn/shed) shown on the plans to be on proposed Tract A of the lot line
adjustment LLA2012 -00001 to be demolished, including its foundation, and the debris removed from the site
and disposed of at an approved site no later than 5:00 p.m., May 7, 2012.
I also understand and agree that:
✓ If this agreement is not signed by the party listed above and a signed copy is not received by the
Planning Division, the lot line adjustment, LLA2012- 00001, will not be considered as complete and
will not be reviewed.
✓ This agreement is solely intended for the facilitation of the issue addressed above.
✓ The City is not obligated or bound to offer agreements for any other violations or circumstances.
✓ This agreement shall not be considered setting a precedent for any other case or matter.
13125 SW Hall Boulevard, Tigard Oregon 97223. 503 -639 -4171 • www.tigard- or.gov
Page 1 of 2
1' i �. i�� /; Date: z 1
'larles 4iei T. Bu erfield
Date: ,2 /��/ D
For City of Tigard `
City of Tigard Staff Contact: Darrel "Hap" Watkins
Phone: 503 - 718 -2440 Email: hap or.gov
13125 SW Hall Boulevard, Tigard Oregon 97223. 503- 639 -4171 • www.tigard- or.gov
Page 2 of 2
P h
11(,;\K
City of Tigard
February 6, 2012
Charles (Tom) Butterfield Mark Butterfield Scott Field, PLS
350 Circle Court 8770 SW Mt. View Lane 1815 NW 169 PL, #2090
Tillamook, OR 97144 Tigard, OR 97224 Beaverton, OR 97006
RE: Completeness Review SDR2011 -00003
Dear Mr. Sirs,
The city has received your application for Lot Line Adjustment (LLA2012- 00001) at 8770 SW Mt.
View Lane. Staff has completed a preliminary review of the submittal materials and has determined
that the following additional information is necessary before the application can be deemed
complete:
The proposed lot line adjustment creates a non - conforming land use. The accessory building
west of the new property line must be subordinate to a primary residential use or it must be
demolished.
Per email conversations with Scott Field, acting as agent for Tom Butterfield, a voluntary
compliance agreement has been drafted in which Mr. Butterfield will agree to have the accessory
structure demolished by May 7, 2012.
Upon receipt of the signed compliance agreement, I will consider the application complete and write
the staff report for the land use decision.
Please call if you have questions or contact me by email.
Sin rely,
il 1 10 / ' 4t
Darrel "Hap atkins
Livability Compliance Specialist
Encl: Voluntary Compliance Agreement for Charles (Tom) Butterfield
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard- or.gov
1 III City of Tigard
C
Lot Line Adjustment — Typ r . 5 ' • n
TIGARD _,1 1 .1
GENERAL INFORMATION JAN 13 2012
PARCEL 1 + , / a CITY OF TIGARD
Property Address/Location(s): S770 '3 M-r V I r l.J l>� PLANNING/ENGINEERING
�
� ra I O Fz... caZZ FOR STAFF USE ONLY
Tax Map & Tax Lot #(s):
25 — I — 1IAA rc.,xLor 1400
I Site Size: Cfl , O h / G fcs {' Case No.(s): Zj 1 a' - 0 000/
Property Owner /Deed Holder(s)*: (Attach list if more than one)
� 51
Address:
$37c S
It V - r 1 Gl .) L Gt 1(1L Other Case No.(s):
Receipt No.: ��
- r' 7ZZ A Accepted By: S•T 'T
( t'
City/State: t C�. f d 12 Zip: t Il .5h y
Primary Contact: n. MG.( t s r e t , Li Date: (
Phonc:L1 Lj'a�j t O L /7Y( LtinAI: YNJ il cIC. �e/k1a / /
�'� �"' Date Determined Complete:
PARCEL 2
� L Rev. � i7/1/11 Property Address / Location(s): N AG .18.4"65.S 0 is \ cur* \ masters \land use applications \lot fi ne adjustment app.doc
1 reACr4 ' D 1 7 &r ec nsto6 ecl Park Igo . 2 0�� 4 /0
Tax Map & Tax Lot #(s): t
23 -- I — 1) o A- i 3 Le, 1-- - 7 sit_ Gl� /5�, 41.) 4f M " I " e Site Size: 0 , (P 3 /�'C e&S t MI#W €1 C�iAi' �lYr �f'► fl '
k MMIMMIP Property Owner /Deed Holder(s) *: (Attach list if more than one)
Address: SO t CLE G G� r.4^ REQUIRED SUBMITTAL ELEMENTS
City/State: l'\ 1 `!1 AA Of) k 1 (71~ Zip: 17 1144
(Note: applications will not be accepted
without the required submittal elements)
Primary Contact: � ha. r k - 5 ( 1O ►M PL.) 1+Crr 6 -18.
Phone: 1 5'c> 3) Q. - $ 7 Fax: [Application Form
Applicant* /Agent: wner's Signature /Written Authorization
Address: 3 5o 11rC.� C( ) 4_ [' Ti tle Transfer Instrument or Deed
City/State: 'L, ilf l 6Ar, b LC. lx Zip: CO 1 LI Er Preliminary Map (2 copies)
Primary Contact: C C4J' le_s ( Tit i\ a v C!'A G ta rte /Plot Plan (2 copies)
Phone: t '''b. ISM 2. - iS 3e)3 Fax: ite /Plot Plan (reduced 81/2" x 11 ")
E -Mail: nO'nP-, Et/ Applicant's Statement (2 copies)
*When the owner and the applicant are different people, the applicant must be ddress Criteria in TDC 18.410.040)
the purchaser of record or a lessee in possession with written authorization 134iling Fee $605.00
from the owner or an agent of the owner. The owner(s) must sign this -
application in the space provided on the back of this form or submit a written
I `� jG e y o, 4 11 Co f e4SPOncfie✓1Ce.
authorization with this application. �f
PROPOSAL SUMMARY S Fti `�) M S
The owners of record of the subject property request Lot Line Adjustment / "Or �r S+ S ry ' , 1nL
permission to adjust: /S t c N w /699 ,., P /4(4.- i
parcels of 0 • b3 &nand e .08 /4U /
(number) (acreage or square footage) u ` �� ` 1 Q 7o��G
into 2- parcels of 3 • 2-7- 1- and 3 .4e tip ( So3 8. 2 1 2 7
(number) (acreage or square footage)
6cam' Cr nos r >/y . Go w1.
City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard- or.gov I Page 1 of2
List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part
of this application:
/V0 b a lcc ,td USc_ acho.n 14, 9 r? yvcs Jr ci 1
Cb 0 i 4 [ -,`i v,. (.o i /v. hi 1 S
L. ap p/Ic_.4...1)6,---,
v
_ -
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:
♦ T1- ., iv- r-,u-st•s-• 1.t '.at- ., -: • '.,: O. is. • •a . 1 .. • P..s ,.. the sub'ect.ro .
• 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.
ff /i"41 ?
Applic t Signatur a te
iz.44- ...A. -- , - • , e l 7 3 er 's Signature / Date
` AA O k_g.. I`3 / / ct ( f z .
Owner's Signature Date
Authorized Agent's Signature Date
Print Name Title Date
SIGNATURES of each owner of the subject property are required
City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard - or.gov I Page 2 oft
111 ORTIIWEST RESIDENTIAL - COMMERCIAL - INDUSTRIAL
Licensed in OR , WA & ID
URVEYING, INC. "Providing a Solid Foundation for your Development Project"
1815 NW 169 Place, Suite 2090 Telephone: 503- 848 -2127
Beaverton, OR 97006 Fax: 503- 848 -2179
December 22, 2011
City of Tigard Planning Department
13125 SW Hall Blvd.
Tigard, OR 99223
Re: Butterfield Property Line Adjustment
NWS Project No. 564
Dear Staff:
Mark Butterfield and Tom Butterfield are the owners of two, adjoining properties and they wish to adjust the common line , .
between them. The two properties are recognized as individual properties of record with one of them being a platted tract.
Presently both of the properties are in common ownership and it is their desire to adjust them into roughly equal areas with
each of them eventually having sole ownership of a single property.
While not a specific criteria for a property line adjustment, it is their desire to adjust the common line so that each of the
properties can be developed individually. Aside from a single older home and several outbuildings this property is currently
undeveloped. Surrounding uses on all sides are single family residences and it is inevitable that at some point these
properties will be built out in a similar manner. Streets and utilities are stubbed to the property and will eventually be
connected.
The new adjusted line will run northerly along the extension of the centerline of SW 89 Avenue and then run westerly along
the centerline for the through connection of SW Inez Street before turning north again. A reciprocal easement for future
rights -of -way and utilities will be granted between the two owners as shown on the exhibit map. If either of the properties is
developed, the easement will allow SW Inez Street to be extended and connected to an extension of SW 89 Avenue.
There is an existing shop building that the new adjusted line will be run through in its current location. This building will
either be demolished or a substantial section removed so that it meets the five foot setback requirement. This will occur prior
to completion of the property line adjustment. If necessary, documentation stamped and sealed by a licensed professional
land survey can be provided showing that there are no setback violations at the time the adjustment is finalized.
Power to the main house is by an underground feed from SW 88 Avenue to the pole north of the house. The power to the
barn will be disconnected prior to the adjustment being finalized so no easement will be needed.
In summary, the adjusted property line will meet all zoning and setback requirements, all provisions of Chapter 18.410 of the
City of Tigard Development Code, and will facilitate the future development of the properties regardless of whether this
occurs individually or together.
Sincerely,
Northwest Surveying, Inc.
Gam . e(' (
Scott Field, PLS
CITY OF TIGARD RECEIPT
q
13125 SW Hall Blvd , Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 185173 - 01/13/2012
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
LLA2012 -00001 Lot Line Adjustment 100 - 0000 -43116 $527.00
LLA2012 -00001 Lot Line Adjustment - LRP 100- 0000 -43117 $78.00
Total: $605.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 3576 STREAT 01/13/2012 $605.00
Payor: Charles T Butterfield
Total Payments: $605.00
Balance Due: $0 00
1
Page 1 of 1
Washington County, Oregon 2012-001179
01/10/2012 04 :00:35 PM
D•D135 Cnt =1 Stn =29 RECORDS1
$25.00 $5.00 $11.00 $15.00 - Total = $56.00
Charles T. Butterfield, Jr. and Mark J. Butterfield, Successor I IIIIII IIII IIIIIIIIIIIIIIIIIII I1111111IIIIIII
Co- Trustees of the Butterfield Living Trust, dated May 8, 1992, 01664694201200011790050057
I, Richard Hobernlcht, Director of A ment and
Grantors. Texatlon Ofn Cle for ashington
County, Oregon end Ex. do h ereby lor tar County tly th atthe W within
Instrument of writing was received e d re orded In the .'
Mark J. Butterfield and Charles T. Butterfield, Jr., book of records of said cou
Richard Hobernlcht, Director of ment and
Grantees. Taxation, Ex-Officio County Clerk
AFTER RECORDING RETURN TO:
Ericka M. Langone
Boutin & Associates, PC
5005 Meadows Road, Suite 405
Lake Oswego, Oregon 97035
SEND TAX STATEMENTS TO:
Mark Butterfield
8770 SW Mountain View Lane
Tigard, Oregon 97224
— COVER SHEET —
Information necessary to comply with SB 382:
1. TITLE OF TRANSACTION: Bargain and Sale Deed
2. GRANTOR:
Charles T. Butterfield, Jr. and Mark J. Butterfield, Successor Co- Trustees of the
Butterfield Living Trust, dated May 8, 1992
The Butterfield Living Trust
8770 SW Mountain View Lane
Tigard, Oregon 97224
3. GRANTEES:
Charles T. Butterfield, Jr.
350 Circle Court
Tillamook, Oregon 97141
Mark J. Butterfield
8770 SW Mountain View Lane
Tigard, Oregon 97224
4. TRUE AND ACTUAL CONSIDERATION: The true and actual consideration for this
conveyance consists of value given other than money.
3 . •
Charles T. Butterfield, Jr. and Mark J. Butterfield, Successor
Co- Trustees of the Butterfield Living Trust, dated May 8, 1992,
Grantors.
Mark'J. Butterfield and Charles T. Butterfield, Jr.,
Grantees.
AFTER RECORDING RETURN TO:
Er M. Langone
Boutin & Associates, PC
5005 Meadows Road, Suite 405
Lake Oswego, Oregon 97035
/ SEND TAX STATEMENTS TO:
Mark Butterfield
8770 SW Mountain View Lane
Tigard, Oregon 97224
— BARGAIN AND SALE DEED —
Mark J. Butterfield and Charles T. Butterfield, Jr., Successor Co- Trustees of The Butterfield
Living Trust, dated May 8, 1992, Grantors, bargain, sell and convey to Mark J. Butterfield and Charles
T. Butterfield, Jr., Grantees, as tenants in common, to have and to hold the same unto the said Grantees
and Grantees' heirs, successors and assigns forever, the following described real property situated in
Washington County, Oregon, free of encumbrances except as specifically set forth herein:
See Exhibit A.
The true and actual consideration for this conveyance consists of value given other than money.
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 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.
Dated this 3r day of January, 2012.
-)-m -
By: Mark J. Butterfield, Successor Co- Trustee 4%.,4-.`,16,Aa5P41!?(/- Charles T. Butterfield
B .
Y ,
Successor Co- Trustee
STATE OF OREGON }
} SS.
County of Clackamas }
Before me personally appeared the above -named Mark J. Butterfield, Successor Co- Trustee of The
Butterfield Living Trust, dated May 8, 1992, who acknowledged the foregoing to be his own voluntary
act and deed as Trustee on this 3r day of January, 2012.
_ OFFICIAL SEAL
- ' • = JOAN L HALVORSON.ION:
7 " ,; ' NOTARY PUBUC • OREGON
�;;,' COMMISSION NO.45102 V-/_! J..tti ¶1 _. Li /L i A,LVI LI
MY COMMISSION EXPIRES JULY 26,2014 ARY PUB IC FOR OREGON i
STATE OF OREGON }
} SS.
County of %%)lam rot )
Before me personally appeared the above -named Charles T. Butterfield, Jr., Successor Co- Trustee
of The Butterfield Living Trust, dated Ma 8 1992, who acknowledged the foregoing to be his own
voluntary act and deed as Trustee on this day of January, 2012.
I .,s,.' , . OFFICIAL SEAL
L ORI L HOPKES ///���
i _ " . ; -NOTARY PUBUC•OREGON ^ , 7 1,
` � COMMISSION NO. 449419 I/ l/l 0 MY COMMISSION EXPIRES JUNE 18, 2014 NOTARY PUBLIC FOR OREGON
— CERTIFICATION AND MEMORANDUM OF TRUST —
We, Mark J. Butterfield and Charles T. Butterfield, Jr., Successor Co- Trustees of The Butterfield
• Living Trust dated May 8, 1992, make this certification pursuant to ORS Chapter 130.
1. Trust. The trust is presently in existence. It was executed on May 8, 1992.
2. Trustors and Trustees. The trustor and the initial trustee was Irma D. Butterfield. The
successor co- trustees are Mark J. Butterfield and Charles T. Butterfield, Jr.
3. Trust Powers. Under the terms of the Trust Agreement, the Trustee is given power
granted a Trustee under the Uniform Trust Code set forth in ORS 130.650- 130.730, including the right
to sell, exchange, assign, lease, encumber or otherwise alienate all or any part of the trust estate on such
terms as the Trustee shall determine.
4. Trust Revocable. The trust is revocable. Only the trustor can revoke the trust.
5. Modification of Trust. The trust can be modified, amended, or revoked by the trustor
only.
6. Two Trustees Only. We alone are acting as successor co- trustees, and we alone have
authority to exercise trust powers.
7. No Change in Trust. The trust has not been revoked, modified, or amended in any manner
that would cause the warranties and representations contained in this certification to be incorrect.
Dated this "T day of January, 2012.
`1/vi cut-kg - +SI/MtiL2r. 4 ,(. Ala
By: Mark J. Butterfield, Successor Co- Trustee .':- Charles . Butterfield, r.,
Successor Co- Trustee
STATE OF OREGON }
} SS.
County of Clackamas }
Before me personally appeared the above -named Mark J. Butterfield, Successor Co- Trustee of The
Butterfield Living Trust, dated May 8, 1992, who acknowledged the foregoing to be his own voluntary
act and deed as Trustee on this 3 day of January, 2012.
OFFICIAL SEAL
JOAN L HALVORSONJONES /
NOTARY BLIC - OREGON 1,1 t JI i %∎JL i/ -
COMMISSION NO.451027 f TARY PUBLIC FOR OREGON
MY COMMISSION EXPIRES JULY 28, 2014
STATE OF OREGON }
SS.
County of / / MAW }
Before me personally appeared the above -named Charles T. Butterfield, Jr., Successor Co- Trustee
of The Butterfield Living Trust, dated Ma 8, 1992, who acknowledged the foregoing to be his own
voluntary act and deed as Trustee on this day of January, 2012.
OFFICIAL SEAL alktot*/&
LORI L HOPKES
J� NOTARY PUBLIC -OREGON NOTARY PUBLIC FOR OREGON
,; COMMISSION NO. 449419
MY COMMISSION EXPIRES JUNE 18.2014
EXHIBIT A
Beginning at an Iron Stake in the center of the County Road in the East line of Section Eleven (11),
Township Two (2), South, Range One (1) West of the Willamette Meridian, which stake is Twenty -One
and 35/100 (21.35) Chains South of the Northeast Corner of said Section, running thence North 89
degrees 58 min. West Seven hundred Six and 35/100 (706.35) feet to the starting point; thence North 89
degrees, 58 min. West Eight Hundred Six and 50/100 (806.50) feet; thence North no degrees 22 min. East
Three Hundred Twenty Four and Two Tenths (324.2) feet; thence South Eighty Nine degrees 58 min.
East Eight Hundred Six and 50 /100 (806.50) feet; thence South no degrees 22 min. West Three Hundred
Twenty Four and Two Tenth (324.2) feet to the starting point, containing six acres of land more or less,
together with a right of way over and across the following described real property to be used with and in
connection with the above described six acre tract of land; Beginning at the Southeast corner of a certain
6.75 acre Tract of land described in that certain deed from Oscar Peuker and Bertha Peuker, husband and
wife to James Webb Hill and Louise Hill, husband and wife, dated February 16, 1927, recorded February
25, 1927 in book 135, page 179, Deed Records for Washington County Oregon; thence westerly along
the South line of said Tract 20 feet; thence Northerly parallel to the Easterly line of said Tract 368.8 feet
more or less to the Northerly line of said Tract of land; thence Easterly along the North line of a Tract
of land described in deed from
Adeline O. Brown and Thomas P. Brown, her husband, to Oscar Peuker and Bertha Peuker, husband and
wife, dated April 17, 1926 and recorded April 19, 1926 in Book 132, at Page 552B, Deed records for
Washington County, Oregon 594.94 feet more or less to the center of the County Road; thence South
along the center of the County Road 20 feet; thence West 574.94 feet more or less parallel with the North
line of the tract conveyed by Brown to Peuker, to the Eastline of a Tract of land conveyed by deed to
James Webb Hill and Louise Hill, husband and wife, by Oscar Peuker and Bertha Peuker, husband and
wife, and recorded in Book 135 at Page 179, deed records for Washington County, Oregon; thence South
along the East side line of the James Webb Hill and Louise Hill tract of land 348.8 feet more or less to
the place of beginning. The right of way to be used for and in connection with the tract of land containing
six acres more or less conveyed by Adeline O. Brown and Thomas P. Brown, her husband, to H. E.
Gralow, his heirs or assigns. All in said County and State.
And
Tract D, GREENSWARD PARK NO. 2, City of Tigard, Washington County, Oregon.
EXHIBIT MAP
FOR A PROPOSED PROPERTY LINE ADJUSTMENT RECEIVED
LOCATED IN THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 2 SOUTH,
RANGE 1 WEST, W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON FEB 15 2012
DATE: DECEMBER 22, 2011
CITY OF TIGARD
PLANNING /E GINEERING
GREENSWARD PARK NO. 2 j
• 4eorEo21DOt • $ ISION
130.04' 13014'
< HEAVILY WOODED AREA
PROPOSED NEW INN MATURE TIMBER 3
-
g
PROPERTY UIE TAX LOT 7500
I , r MAP 2S- 1 -11AA
` ` \ PROPER UNE PAAN4 NO. Y APPROX. LOG OF
PP VAC
` 210.4' Y — — 3O c -- — f I1A]ER(7i0110 POWER 211.95
I w NW4R051 511.01 � �—
J N99S1Y17 d
< EDGE -t / ,- r DR01110 0.14'
K
ce C g o
3 W HEAVILY NOOOED AREA
WITH MATURE 7N1BUL POWER TOE \ 00 / /
} OSCd11ECIED PRIOR TO I LAG �1 � r , ///
1 re ti PLA ENG P1NAIJIID _ Z V
j p BUILLOO TO E . •. TREES w
= I T O Y' m
iTH I a 1 TRACT A TAX LOT 1400 W „ 1S A P TO TRACT B 1
ADJUSTED TAX LOT 7500 MAP 2S- 1 -11AA / ADJUSTED TAX LOT 1400 J I
ORIGINA AREA: 0.63 ACRES t Jl fi/ ORIGINAL AREA: 6.08 ACRES ±
L — - — - — ADJUSTED AREA 148 ACRES f / ' " ° ADJUSTED AREA: 3.22 ACRES ± _ - — _ — _ _
SW INEZ STREET n. / / SW NEZ STREET
PROPOSED NEW f RECPIKICAL EASEMENT FOR
,y PROPERTY LINE /� ., mot R1W15� -MY AND
PENMAR TERRACE wTMw� WOODED i10 LI GREENSWARD PARK
eiv ..,27 21"
47187 (4 / ` 342.57 -
59000'00'W 610.47 I � \ I �
U ,�INFR$�O n K TERRACE I�
PINE
\OOK TERRACE
n�{�6I
I_
Appnmed Conditionally Approved I , "I OWNER /APPLICANT For only the %vodkas d
in: PROPFFAIY CdeEn CHARLES BUTTERFIELD JR.
ZONING INFORMATI MC). , LGi'.2p rre / 0 PRCFERTY CORNER 10 E 5E7 MARK BUTTERFIELD
ZONING R4.5 See Letter t Follow �n., - PAW:x ME 350 CIRCLE COURT
WAWA LOT 925 7,500 Sv. i SETBA ucaaRaRlo MIER U E TILLAMOOK, OR 97144
L49iRN LOT 60)91 50' y
PENT SETBACK: 20' �j'I // . / i 1 a�, �1t7',_ — — OWE DO
/ U mimeo 111E SEE SETBACK: S' /j Date: NAME: BUTTERFIELD PLA BOUN T C CADAS/RAI.
511E sE18AOL (o(corm LOT): 15• By: r Date: . 7 /? 2 // 2_
REM SETBACK: 15'
NOTE GRAPHIC SCALE JOB NUMBER: 56 OR T H WES T
o a e �a w BY: SFF 16 15 NW 169TH PLACE. SUITE 2090
BE EDGE OF TREES AS 91011M IS BASED ON AERIAL PHOTOGRAPHY ` BEAVERTON, O R 97006
AND IS APPRO0IAIE PHON (503) 648 -2127 FAX: (503) 848 -2179
(a 9'Q) CHECKED BY: CHS
I truth 4. 7 60 EL URVEYING INC.
DRAWING NO: 564PLA- AP2.DWG 1
STATE OF OREGON }
} SS.
County of Clackamas }
Before me personally appeared the above -named Mark J. Butterfield, Successor Co- Trustee of The
Butterfield Living Trust, dated May 8, 1992, who acknowledged the foregoing to be his own voluntary
act and deed as Trustee on this 3` day of January, 2012.
.4.4.-',':"- OFFICIAL SEAL
JOAN L HALVORSON -JONES
r' NOTARY PUBLIC - OREGON
'4 r,; � COMMISSION N0.45102 //, J ..0. 1 4 . , 1 LAU.' NitA,,,vt L.
MY COMMISSION EXPIRES JULY 26, 2014 ARY PUB IC FOR OREGON
STATE OF OREGON }
_ } Ss. r.
County of 1( 1 / WV (1k_ }
Before me personally appeared the above -named Charles T. Butterfield, Jr., Successor Co- Trustee
of The Butterfield Living Trust, dated Ma 8 1992, who acknowledged the foregoing to be his own
voluntary act and deed as Trustee on this day of January, 2012.
OFFICIAL SEAL
•
�?
ti LO RI L HOPKES n
J NOTARY PUBLIC OREGON
u " ^ , 7 I //
COMMISSION NO. 449419 & �/�' �/
M
1/1*,- -
Y COMMISSION EXPIRES JUNE 18, 2014 NOTARY PUBLIC FOR OREGON
— CERTIFICATION AND MEMORANDUM OF TRUST —
We, Mark J. Butterfield and Charles T. Butterfield, Jr., Successor Co- Trustees of The Butterfield
Living Trust dated May 8, 1992, make this certification pursuant to ORS Chapter 130.
1. Trust. The trust is presently in existence. It was executed on May 8, 1992.
2. Trustors and Trustees. The trustor and the initial trustee was Irma D. Butterfield. The
successor co- trustees are Mark J. Butterfield and Charles T. Butterfield, Jr.
3. Trust Powers. Under the terms of the Trust Agreement, the Trustee is given power
granted a Trustee under the Uniform Trust Code set forth in ORS 130.650- 130.730, including the right
to sell, exchange, assign, lease, encumber or otherwise alienate all or any part of the trust estate on such
terms as the Trustee shall determine.
4. Trust Revocable. The trust is revocable. Only the trustor can revoke the trust.
5. Modification of Trust. The trust can be modified, amended, or revoked by the trustor
only.
6. Two Trustees Only. We alone are acting as successor co- trustees, and we alone have
authority to exercise trust powers.
Washington County, Oregon 2012- 031893
Charles T. Butterfield, Jr. 04/20/1012 02:49:56 PM
D•DBS Cnt -1 Stn -29 RECORDSI
350 Circle Court $20,00 $5.00 $11.00 $15.00 - Total • $51.00
Tillamook, Oregon 97141,
111111
and
Mark 11111 II
111
8770 SW Mountain View Lane T :rino : a-0i ` ` f Asereewent end
9 J ,,',
Tigard, Oregon 97224, County, Oregon, do hereby certify that the wrthln 4/ .
Instrument of awning wee received a re orchid In the , �,
Grantors. book of records of uld cos �� •
Richard Nebernleht, Dlrefkof of Aeenament end �
Tatutlon, Ex-Off9c o County Clerk
Charles T. Butterfield, Grantee.
AFTER RECORDING RETURN TO: FILE COP Y
Charles T. Butterfield, Jr.
350 Circle Court 1 /1 / 4 / D1 �'}
Tillamook, Oregon 97141 L (� �/ / (/ v
SEND TAX STATEMENTS TO:
Charles T. Butterfield, Jr.
350 Circle Court
Tillamook, Oregon 97141
- BARGAIN AND SALE DEED -
In conjunction with City of Tigard Case File No. LLA2012 -00001 for the Butterfield Lot Line
Adjustment, which was approved on February 22, 2012, and recorded as Survey No. 31,785, Washington
County Survey Records, Mark J. Butterfield and Charles T. Butterfield, Jr., as tenants in common
pursuant to the Deed recorded as Washington County Deed Records Document No. 2012 - 001179,
Grantors, bargain, sell and convey to Charles T. Butterfield, Grantee, to have and to hold the same unto
the said Grantee and Grantee's heirs, successors and assigns forever, the following described real property
situated in Washington County, Oregon:
See Exhibit A.
The real property described in Exhibit A is subject to the Reciprocal Right(s) -of -Way and Utility
Easement between Charles T. Butterfield, Jr., and his heirs, successors and assigns, and Mark J.
Butterfield and his heirs, successors and assigns, which is described in Exhibit B attached hereto.
The true and actual consideration for this conveyance consists of value given other than money.
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, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON
LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 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, SECTIONS 2 TO 9AND 17, CHAPTER 855, OREGON LAWS 2009, AND
SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
Dated this day of (Cit April, 2012.
4, E -
A _ < s v f a
Mark J. Butterfield rles T. Bu erfield, Jr.
STATE OF OREGON }
} ss.
County of C.{atfu MASS }
Before me personally appeared the above -named Mark J. Butterfield, who acknowledged the
foregoing to be his own voluntary act and deed on this /,' day of ir 2012.
OFFICIAL SEAL /
'' JOAN L HALVORSON.IONES Sig /4 I .% tom. 21 FOR OREGON
NOTARY PUBIC • OREGON
`"...%; /ITARY PUBLIC
�•• COMMISSION N NO. 451027
MY COMMISSION EXPIRES JULY 28, 2014 4
STATE OF OREGON }
} ss.
County of Cl,YrOCit-
}
Before me personally appeared the above -named Charles T. Butterfield, Jr. who acknowledged
the foregoing to be his own voluntary act and deed on this I Ui day of April, 2012.
()- - OFFICIAL SEAL ,� t,'.' O *a ; � NICOLE M TROXEL 11 � 1
i . e' NOTARY PUBLIC - OREGON
( ' COMMISSION Na. 442672 9 NOTARY ' BLI' FOR OREGON
W GOINTSSION EXPIRES N ,.,.., ■R 01, 2
EXHIBIT A
A tract of land being located in the northeast one - quarter of Section 11, Township 2 South, Range 1 West,
Willamette Meridian, City of Tigard, Washington County, Oregon being more particularly described as
follows:
Beginning at a 5/8 inch iron rod located at the northwest corner of Tract `D', Greensward Park No. 2;
thence along the northerly line of said Tract `D', North 89°48'05" East a distance of 130.04 feet to a 5/8
inch iron rod; thence departing said northerly line South 00°20'31" West a distance of 302.77 feet to a
5/8 inch iron rod; thence South 90°00'00" East a distance of 77.77 feet to a 5/8 inch iron rod located on
the northerly extension of the centerline of SW 89t Avenue; thence along said northerly extension South
00°01'15" East a distance of 125.67 feet to a 5/8 inch iron rod located on the north line of Pinebrook
Terrace at the northerly terminus of the centerline of SW 89 Avenue; thence along the northerly line of
Pinebrook Terrace, South 90°00'00" West a distance of 473.87 feet, more or less, to the southeast corner
of Penmar Terrace; thence along the easterly line of Penmar Terrace, North 00 °19'44" West a distance
of 322.02 feet, more or less, to the southwest corner of Greensward Park No. 2; thence along the
southerly line of Greensward Park No. 2, North 89 °48'05" East a distance of 269.04 feet to the southwest
corner of said Tract `D'; thence along the westerly line of said Tract `D', North 00°20'31" East a distance
of 105.04 feet to the Point of Beginning.
Said described tract of land contains 3.48 acres, more or less.
EXHIBIT B
A tract of land being located in the northeast one - quarter of Section 11, Township 2 South, Range 1 West,
Willamette Meridian, City of Tigard, Washington County, Oregon being more particularly described as
follows:
Beginning at a 5/8 inch iron rod located at the northerly terminus of SW 89 Avenue, that bears North
90 °00'00" East a distance of 25.00 feet from the northwest corner of-Lot 28, Pinebrook Terrace and being
on the north line of said plat; thence along the north line of said plat South 90°00'00" West a distance of
27.00 feet to a point; thence departing said north line, parallel with and 27.00 feet westerly of, when
measured at right angles, the northerly extension of the centerline of SW 89 Avenue, North 00°01'15"
West a distance of 78.68 feet to a point; thence 31.41 feet through the arc of a 20.00 foot radius circular
curve to the left, said curve having a central angle of 89 °58'45 ", a chord bearing North 45°00'38" West
and a chord length of 28.28 feet to a point of tangency; thence South 90°00'00" West a distance of 30.95
feet to a point; thence North 00°20'31" East a distance of 27.00 feet to a 5/8 inch iron rod; thence
continuing North 00°20'31" East a distance of 27.00 feet to a point; thence North 90°00'00" East a
distance of 104.60 feet to a point that is 27.00 feet easterly of the northerly extension of the centerline of
SW 89i Avenue, when measured at right angles; thence parallel with said centerline, South 00°01'15"
East a distance of 152.67 feet to a point on the north line of Pinebrook Terrace; thence along the north
line of Pinebrook Terrace, South 90°00'00" West a distance of 27.00 feet to the Point of Beginning.
Said described tract of land contains 11,071 square feet, more or less.