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MLP1994-00005POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. d CIS % OF TG OREGON April 26, 1994 Mr. Kenneth Bauer Wash ington County Surveyor's Office Land Use and Transportation Dept 155 N. 1st Avenue Suite 350-15 Hillsboro, Oregon 97124 RE FINAL PLAT PARTITION PLAT FOR TOM KENYON Dear Mr. Bauer This is to acknowledge that the City has reviewed the attached partition drawing and has found it to be is compliance with the City's conditions of approval. The City hereby requests that the County complete their review of said partition plat drawing. Please transmit copies of you comments to both the project engineer \surveyor and the City Engineering Department. The original mylars will be delivered to your office after approval and signature of the City Engineer. Should you have any 'questions, please contact us at 639 -4171. Very truly, ILIA \pltapvl ltr 13125 SW Hall Blvd*, Tigard, OR 97223 (503) 639 -417'1 nDD (503) 684w2772 STATE OF OREGON County of Washington City of Tigard That I am a 4$V 6e,011417 for The City of Ti rd, Oregon That I served NOTICE OF PUBLIC HEARING FOR L-_ That I served NOTICE OF DECISION FOR City of Tigard Planning Director g Planning Commission Tigard Plannin Ti and Hearings Officer A copy (Public Hearin g /Notice of Decision) of Notice c 'c is at Exhibit "A') was mailed to each named per ans at the add ess attached list marked exhibit "B" on the, day of said notice NOTICE OF DECISION as her to Attached, was t p to on bulletin board on the - day of f0 , 19 " on n F h c TTn i which repared Notice OFFICIAL SEAL DIANE M. JELD R S NOTARY PUBLIC•OREGON T., COMMISSION NO 008977 MY COMMISSION EXPIRES SEPT 7, 1995 NOTICE OF DECISION MINOR LAND PARTITION 11/ILP 94 -0005 KENYON / GORDON' APPLICATION A request for a Minor Land Partition approval to divide one parcel of approximately 52,272 square feet into two parcels of approximately 10,253 and 40,973 square feet. ZONE: R -43 (Residential, 4.5 units per acre). LOCATION: 11230 SW North Dakota Street. (WCTI1 1S1 34DB, tax lot 2700). APPLICABLE LAW: Community Development Code Chapters 18.50, 18.88, 18.162.040, 18.162.050, 18.164.030, 18.164.090, 18.164.100. DECISION_ Notice is hereby given that the Planning Director's designee for the City of 't• 94-0005 SUBJECT TO CERTAIN Tigard has APPROVED Minor Land Partition T' 9 g. CONDITIONS as listed below. aECTION I. ONDMONS OF APPR YAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED PRIOR TO RECORDING THE FINAL PLAT. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSQN_, ENGINEERING DIVISION 1. Right- of-way shall be dedicated to the public along the frontage of SW North Dakota Street to increase the street easement to 30 feet. The legal description shrill be tied to the existing right-of-way centerline. As an alte rnative, the dedication may be shown on the partition plat. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) �. An agreement shall be executed by the applicant, on forms provided b y the City, property oppose or remonstrate against a future evh��h waives the r® ei owner's right improve SW North Dakota.. Street. Local. Improvement District formed to a p STAFF CONTACT: John Hagman, Engineering Department (639- 4171). 3. Final Plat Application Submission Requirements: A. Three copies of the be partition ,plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. E The partition plat and data or narrative shall be drawn to the minimum ..� forth y Oregon ` �s (ORS ) 'Washington standards set by the Revised Statutes OR 92. , County, and by the City of Tigard. WON / GORDON Page 1 l „l 4. A revised site plan shall be submitted which indicates some form of screening along the flag pole access along parcel 1, in accordance with section 18.100.080 and 18.100.090. Staff Contact: Will D Andrea. A p revised site plan shall be submitted which shows the provision of 15 foot �. driveways for each parcel. In addition, access drives in excess of 150 feet in length th shall provide for an emergency vehicle . • . shall g F turnaround This access s conform to the requirements of the Tualatin Valley Fire District. p A site plan shall be submitted to the Building Division which shows the existing 6. proposed g and ro osed house connecting to the s anitary sewer system. FOLLOWING CONDITION(S) SHOULD BE RE P THE FD �►UIRED PRIOR TO BUILDING PERMIT ISSUANCE 7. Provide the Engineering De P artment with a recorded mylar copy of the partition plat; or if not recorded with Washington C oun ty bu has approved b y the Ci ty of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. site submitted to the Building Division indicating that the roof A site plan. shall be submi g 8. = g private drainage proposed connected to a drains from the ro osed dwellui shall be conne ! rivat;e dr ,din by Building g approved b the system, designed by a professional engineer and Division. A fire hydrant shall be required on the east side of the private drive to provide e 2. portions of t fire protection to the proposed building on parcel 2 All fire o hydrant e . g of a proposed y proposed signs shall be posted Signs ro osed buildin must be within 50 o feet parking measured from accessible roadways.e _Tow - awe... � one - SRS 98 810-gI2" shall state "No F arkin Fire Lan y • ' approved by the Fire Marshal signs Fp Y Location of all si s shall be a r Marshal's office. SECTION II - FINDINGS OF FACT: . Vicinity Information The subject site is located east of SW 115th Avenue, west of SW 109th Avenue and north of SW Tigard J properties _ (Residential, 4.5 J no •g . Street. The adjacent ro ernes axe zoned -4 5 esidenti , units per acre). The surrounding area is zoned residential. Site Information and Proposal Description escrl NOTICE OF DECISION MAP 94-0005 ON GORDON Page 2 - N This site is approximately 1.2 acres in size. An existing single family house and accessory structure presently occupies the site, with access onto SW North Dakota Street. The applicant requests a Minor Land Partition approval to divide one parcel of approximately 52,272 square feet into two parcels of approximately 10,253 and 40,973 square feet. The City of Tigard Building Division has reviewed this proposal and has offered the following comments: The existing and proposed house shall connect to the sanitary sewer system. Roof drains from the proposed dwelling shall be connected to a private drainage system, designed by a professional engineer and approved by the Building Division. A revised site plan shall be submitted which reflects these conditions. Will easements be required for services or will the driveway suffice? The City of Tigard Water District has reviewed this proposal and has offered the reviewed he following comments: A fire hydrant is required on, the east side of the private drive to provide fire p rotection to the proposed building on parcel 2. All portions of the proposed buildin g must be within 500 feet of a proposed fire hydrant as measured from accessible roadways. The Tualatin Valley Fire District has reviewed this propos al and has offered the following comments: q approved. Depending to parcel 2 is inadequate and cannot be a roved. the type of ]De ending on occupancy in the structure shown on parcel 2, a hydrant will be required within 500 feet if one or two family residence. A 15 foot driveway width and 20 foot width on is required. No parking signs shall be posted. Signs turnaround is rt Si s shall stet 1'l�To parking - Fire Lane - Tow -away zone ORS 98.810-812. Location of all signs shall be approved by the Fire Marshal's office. The City of Tigard Public Works, General Telephone and Electronics, and Portland General Electric have reviewed this and have no objection to it. No other comments have proposal been received. SECTION Iii a FINDINGS AND CONCLUSIONS - Minor Land Partition Section 18.162.04 contains the contains � � ,� �� following general approval criteria for a Minor Land Partition; NOTICE OF DECISION MLA" 94 -0005 * KENYON / GORDON Page 3 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; All proposed lots conform to the size and dimensional requirements of this title; and S. All proposed improvements meet City and applicable agency standards (Ord. 89-06; Ord. 83-52). The proposal conforms with he City's comprehensive plan in that the newly created lot will continue to allow for residential development. This proposal therefore is not in conflict with the Low Density Comprehensive Plan designation. This proposed partition complies with all statutory and ordinance requiremen ts and regulations as demonstrated both by the analysis presented within this administrative decision and by this application and review process. Adequate public facilities are available to serve the proposal. Section 18.162.050 contains the following special provisions for lots created through the Partition Process: A. Lot Width: The minimum width of the .building envelope area shall meet the lot requirement of the applicable zoning district. B. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way ma y not be included in the lot area calculation. Lot Frontage: 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. ►. Setbacks: Setbacks shall be as required by the applicable zoning district. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may detern>D -ae 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. NOTICE OF 94 DECISIO�� �sr MU .. wOQUS - KENYON / GORDON Page • Scr. eeniag on Flag Lot. A screen shall be, provided along the property line of a lot of record where the paved drive in an access ay is located within ten feet of an abutting lot in accordance with Sections 8.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. a. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. • Reciprocal Easements: 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. • Accessway Any accessway shall comply w!ir the standards set forth in Chapter 18.108, Access, and Circulation. J. Where landfill and /or development is allowed within or adjacent to the one- hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the flood la1n. This area p shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the ado p ted pedestrian/ bicycle pathway plan. As indicated on the site P lan, both lots exceed the minimum 50 foot lot width requirement in the R -4.5 zone, thereby satisfying Criteria A. Criteria B is this p approximately 10,253 and 40,973 satisfied as this axtit�on would create lots of •t size requirement q are feet, exceeding the 7,500 square foot min um su The proposed lot frontages for parcel 1 and 2 are approximately 83 and 25 feet respectively, thereby exceeding the minimum 15 foot frontage requirement of Criteria C. The required setbacks in the R -4.5 'tone are as follows: front yard - 20 feet; side yard - 5 feet; rear yard - 15 fee' F , and 20 feet from the front of the garage to the property line from which access is obtained. As indicated oil the site 1 plan, the existing single family home on parcel 1 complies with the applicable zoning setbacks, satisfying Criteria D. Setbacks on parcel 2 will be reviewed when it is built upon. Criteria E and F are not applicable to parcel 1. Front yard determination on parcel 2 will be reviewed by the building department during building permit NOTICE OF DECISION MU 94 -0005 KEN YON / GORDON Page 5 review. The applicant has indicated the footprhit of the proposed dwelling on the preliminary site plan. As indicated on this site plan setbacks would comply with Criteria E, as well as those of Criteria D, Criteria F shall be satisfied as screening shall be provided along the flag pole driveway along parcel 1. Fire hydrants shall be consistent with Uniform Firs' Code standards thereby satisfying Criteria G. Criteria H is 1Lot applicable to these lots as they will not share a common drive. Criteria I shall be satisfied as the applicant is required to submit revised site plans which show provision of 15 foot driveways for each parcel. In addition, access d Ives in excess of 150 feet in length shall provide for an emergency vehicle turnaround. This access shall be a level, hammerhead configured, paved surface with each leg of the hammerhead having a minimum depth of 40 i eet and a minimum width of 20 feet. Criteria J is not applicable to these lots as they are not within the floodplain. Section 18.88.010(Solar Access) states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by providing for improved access to sunlight for residential dwellings. A lot meets the basic requirement if it has a north - south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east -west axis. As indicated on the site plan, both lots meet the orientation and yard dimension stands, 'as, thereby satisfying this requirement. Section v 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) have been addressed and are satisfied as specified below: • Streets: Access to the site provided by , which Y hick is classified feet is 20 feet Access Yte pis ro SW North Dakota Street w 1Vlinor Collector on the ang right-of-way Minor he City Comprehensive ompreaddlt oval street to 30 feet from centerline to and the applicant should dedicate comply with the minor collector street standards. ▪ Sanitary Sewer: Sanitary sewer service is provided by an eight p~ y i g ht inch lines in SW North Dakota Street and has sufficient capacity to serve the site . Storm Sewer: Th e property slopes in a southwesterly rl y dire ct io Ilat relatively g entle grade, ade, and any proposed development should avoid creating restrictions or obstructions to the overland surface flow of stormwater emanating from adjacent properties. The existin g NOTICE OF ]DECISION MLP 9440005 - KEN YON / CORDON Page 6 house at the front of the site (proposed Parcel 1) drains to the roadway ditch along the existing pavement in SW North Dakota Street. SECTION IV DECISION The Plannin g Division hereby APPROVES Minor Land Partition IVILP 94 -0005 subject to the conditions listed in Section I at the beginning of this decision. MONTHS OF THE THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN EFFECTIVE DATE OF THIS DECISION. 1. Notice: Notice was posted at City Hall and mailed to: X The applicant and owners XX Owners of record within the required distance 1 • • .gi [ . Team The affected Citizen Involvement T Affected goverment agencies 2 Final Decision: THE DECISION SHALL BE FINAL ON -U) ° '1 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with P�. Y p tY Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder rder r th tice is given and sent. Appeal fee schedule and forms within 10 days after notice g . are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. Tic deadline for filing of an appeal is 3:30 p.m. 1 -1-0-e! uestions• If you questions, please have uestons, cease call City of ..Tigard Planning 4. Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. Date NOTICE OF DECISION . � � � � age 7 ' 94-0005 E' �►�i I GORDON �OOI� LEGIBILiTV STRIP 114TH 1S134DC -00200 ti�fi 'ry SCR , CONS III 11275 SW TTGAR.D ST TIGARD OR 9723 1S134DC-08800 .•ee.e.ere....ee SARRIE, WILLtkh N AND CYNTHIA C 11489 SW MUM PARK PL TIGARD OR 97223 15134DC -0 SCHNEIDER, CHARLES A DOLORES S 11195 SW TIGARD ST TXGAI OR 97223 1S134D0-08900 IWNDELL, REBECCA 5 11467 SW TWIN P'.RK PLACE TIGARD OR 97223 1513 000 ees•eae�yr�o'oreoea•••.o• GLENN , PATRICK A & SANDRA M 11445 SW TWIN PARK PL TIGARD OR 97223 1S134DB -00400 .•s.M•e..eos..ee.e.ov ELLSON, WALLACE C VIOLET 11225 SW ,:ORTH DAKOTA TIGARD OR 97223 1S134D8 0060® •eoa e•...ow...s.•ee. FEERMNBACHKR HEM:* 11685 SW NORTH DAKOTA ST TIGARD OR 97223 1S134D8 02500 .or.......a.••e...... SCOTT, SAM R a7R ERMA L 11370 SW NORTH DAKCD' . TIGARD CPR 9!7223 1S134!3-00300 ...._.e....o.. CORPORATION OF THE PR1 SIDING BISHOP/CHURCH OF MSC S CHRIST OF L D S 50 NORTH TEMPLE 22ND FL SALT LAKE CITY UT 84150 15134D8�00500 .. e• . • . eeee•.. KOENIG, RONALD M & PEARL D 11329 SW NORTH DAKOTA TIGARD OR 97223 1S134DB- 02400 SCOTT, SAM R 11370 SW NO TIGARD e o. o e•• e e e e e e e e e o e e e r ERMA L DAKOTA OR 97223 1S134DB -03100 CLARK r WARM 14 11140 SW FORTH DAKOTA TIGARD OR 0 o'er o•e..•. 97223 1S134D8 V 0520/^� ��� .. e. e e. a• .. • e o .. a A000,00 s. Z.:. ms VKR, JO it AL C9.l.1 tT ZEHNTBAUER, SYLVIA ELAINE 11240 SW NORTH DA "v►O ST TIGARD OR 97223 1S134D8145400 ..e..ree.•...ee SHIFFEaDEBRAii 11260 Stri NORTH DAKPTA TIGARb 1R 972 *3 15134DB•02800 0 ... . ..•. TORLA D, ARTHUR N & BESSIA U TRUSTIES 8520 SW AVERY ST TUALATIT OR 97062 15134D8 -03000 e•♦.se.•oe. a a..e TORLLAND, ARTHUR HESSIE H TRUS 8520 SW A c4 ..} ST TUALATIN OR 97062 1S134DB 03700 • .•• . • LIVINGSTON KAY W BESSIE 10970 SW NORTH , DAKOTA TIGARD OR. 97223 1S134D& -05300 . caw. ., NOROV, SERGE A 3.3. 0 SW NORTH DAKOTA TIGARD ' , - OR. 97223 iii • ill oil tip,;, , t. }'... P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Motice Advertising L7 Tearsheet Notice Cl Duplicate Affidavit City of Tigard 13125 SW Hall Blvd. ' gar d, Oregon 97223 % 0 • MINOR LAN M`14,,,, 't 1TI S LP •4 a f i B YeIV L,OC►,`1ON 1'0" Ierr�h' SO�i Cct TM 1 S 341►$, ix01 Y r , ' ans, a °MinorLa � ^�® yT '27(i0� "�i c..�J�rcirtc�� ��� a pa��c�►vad, j �otldit �'O ^ Partition approval i3O divi 0'2346- p1rcol or approximately 52,272 sgl.TY w' , �'� .� .. —.=a fi t. ce t + arcw a' 1°1'25'3'114d 4°75 square fee e � :44nlinClY :" k;A Conlmvrat4 D °velapm�ent L � S AFr'03?Ai/IT OF PUBL0CA1'iClill � `1�.,Ia:A►�3i,8 l�E�/t� �► Lions 1,84,0 18',K . 140� 1836 056, tad 18;164.'2 °N lt: STATE OF OR6�GON, , t�Td f t1�l c he 1 4.5 z ni esign tiot� i�d si 1c- p °a sidental� � � t �COl1NTY OF �fdASi-lilVGaTOi�, 'ss. ���ill �� ��a�littY t1t�i, ��is�su�ort�`�'ac�l��cs, ee T ath Snyder homes farming„ � i farnilyr day car; horneoecupauons, V' a�ut� e�i�rc+� �c�a1���, Y carp, E r ong sesa s, bung first duly swop depose and say that l am the �;; crtisiing �`' Director, or his principal clerk, of the 9liga.rd_Tr, ti.n it, f. a newspaper of general circulation as defined in C.. "93.010 ' and 193.020` publiui,ed ai T i n in the aforesaid county ad state; that th r w minor an a.rtitior a 4 -00 a .) Kenyon a printed cop, of whit ' -., hereto annexed, r+ras published in the `°; 1 h 0 141 entire issue GI said newspaper for ONE successive and consecutive in the following issues: My, Commission Expires: AFFIDAVIT MEMORANDUM CITY OF TIGARD TO Will D' Andz:ea April 4, 1994 FROM Michael Anderson, Development Review Engineer SUBJECT: MLP 94 -0005 KENYON Applicant is requesting approval to divide Tax 2700, a 1.2 acre p;;i cel located at 11230 SW North Dakota Street, into two parcels of approximately 10,253 sft and 40,973 sft respectively. The smaller parcel would retain the existing house that fronts onto SW North Dakota Street. Fincitrusi 1. Streets: Access to the site is provided by SW North Dakota Street which is classified,as a Minor Collector on the City Comprehensive Plan. The existing right -of -way is 20 feet and the applicant should dedicate additional street to 30 feet from centerline to comply with the minor collector street standards. . Sanitary Sewer' Sanitary Dakota sewer service is provided by an eight inch lines . Street and has sufficient capacity to serve the site. • Storm Sewer: The property slopes in a southwesterly direction, at a relatively entle grade; and any proposed development should avoid creating any restrictions or obstructions to the overland surface flow of s ormaaa er emanating from adjacent properties. The existing house at the front of the site (proposed Parcel 1) drains to the roadway ditch along the existing pavement in SW North D akota St reet,; Recommendations ING THE FINAL PLAT WITH WASHINGTON COUNTY. ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR, TO RECORDING 1. Right-of-way shall be dedicate p along SW orth Daota. Street to, ..d to the Public alon the frontage �i�' increase the street easement to 30 feet. The legal description shall be tied to the existing right- of -waye centerline. As an alternative the dedication may be shown on the partition plat. STAFF CONTACT: John Hagman, Engineering Department (639- 4171,) • An agreement shall be executed by the applicant, on forms prov by the. Cit y, which waives the property owner's right to oppos0 . remonstrate against a future Local Improvement p ovement District .forMed, improve SW North Dakota Street. ST a AFF' CONTACT: John Hman, Engineering Department +l" ENGINEERING COMMENTS MLP 94 -05 lENY'ON y, 4 ?. Final Plat Application Submission Requirements: A. Three copier of the partition plat rorepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City, of Tigard. PRIOR TAO T,_ „ HE :15SU2NCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: 1. Provide the Engineering Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. APPROVED Randall R. N; \ENGINEER \ML? 94 -05,m ja Wooley, ,.y Engineer ENGINEERING COMMENT8 MI,P 94-05 T EN' C ` PAGE RE OAK FOR COMMENTS .E 4W V • (�. DATE: March 16 1994 FROM Tigard Planning Department RE: MINOR LAND PARTITION MLP 94 -0005 KENYON LOCATION: 11230 SW North Dakota.(WCTM 1S1 34DB, tax lot 2700) A request for approval for a Minor Land Partition approval to divide one parcel of approximately 52,272 square feet into two parcels of approxiwately 10,253 and 40,973 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18 88.040 (C)(1), 18.162.040, 18.162.050, and 18.164. ZONE: R -4.5 ( Residential, 4.5 units /acre) The R -4.5 zoning designation allows single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,; we need your comments by Mar. 28, 1994. You may use the space provided below or attach a separate letter to ret�rn your comments If_you are unable to respond by the above date, please phone the staff Contact noted below With your Comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171: STAt V CONTACT: Will D' Andre PLEASE CHECK THE FOLLOWINa ITEMS THAT APPLY: we have reviewed the proposal and have no objections to it:., Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting:� Phone Number: 0 - (7..41> oRCO 0 DATE: March 16 1994 FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94 -0005 KENYON LOCATION`; 11230 SW North Dakota I;WCTM 1S1 34DB, tax lot 2700) . A request .:or approval for a Minor Land Firtition approval to divide one parcel of approximately 52,272 square feet into two parcels of approximately 10,253 and 40,973 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50,050, 18.88.040 (C)(1), 18.162.040, 18.162.050, and 18.164. ZONE R -4.5 (Residential., 4.5 units /acre) The R-4.5 zoning designation allows single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our s :aff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Mar. 28, 1994. You may use the space provided below or attach a separate letter to return your comments. IEf you_ark unable to respond by the alive date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regardi ng this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: _Will D'AAndrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. Written Comments: of our office. Naite of Person Commenting: - --� -'rr- Phone Number: se', • TO: RE VEST FOR COQ,., DATE: March 16 1994 FROM: Tigar. Planning Department RE: MINOR LAND PARTITION MLA 94 -0005 KENYON LOCATION: 11230 SW North Dakota (WCTM 1S1 34DB, }ax lot 2700) A request for approval for a Minor Land Parttionta pfiwov arcelsa of as proximately ly 10� 253pan approximately 52,272 feet. APPLICABLE REVIEW CRITERIA PP Community Development Code? Sections square Sections 18.50.050, 18..88.040 (C)(1), 18.162.040, 18.162.050, and 18. 164. ZONE: R--4.5 (Residential, 4.5 units /acre) The R -4.5 zoning designation allows single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied, by various departments and agencies and from other information available; to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Mar. _28, 1994., _'ou may use the space provided below or attach a separate letter to return your cc nv vents If _you are unable to respond b the abo a date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW hall Blvd., Tigard, OR 972.23. PHONE: 539- 4171.' STAFF CONTACT: Will D' Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact' Please refer to the enclosed letter, Written Comments: of our office. rb P(4 (o rr. p _ °►. wl r' /iU 540 . /air OF e d) .�✓o&' :. ■ _0A �I • fro Name of Person Commentir•j: IT/ /44 ', ..: Phone t' t ben : jk 59 �.n T21„....6211Aud mgt's T FOR COMMENTS •- DATE: March 16 1994 RECEIVED PLANNING MAR 2 3 1994 FROM Tigard Planning Department RE : MINOR LAND PARTITION MLP 94-0005 KENYON LOCATION: 11230 SW North Dakota (WCTM 1S/ 34DB, tax lot 2700) . A request for approval for a Minor Land Partition approval to divide one parcel of approximately 52,272 square feet into two parcels of approximately 10,253 and 40,973 square feet. ,APPLICABLE REVIEW CRITERIA: Community Development Code Sections 1 5 1845.050, 18 t8.040 (C) (1), 18.162.040, 18.162.050, and 18 „16.4. ZONE: ( al, 4.5 units /acre) The R -4.5 zoning designation allows single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you .wish to comment can this application, we► need your comments by Mar. 28, 1994. You may use the space provided below or attach a separate letter to return your comments If ou are unab;Le to res and b the above date please phone the staff contact noted below with your comments and confirm your comments in waiting as soon as possib1e. If ou have any y► questions regarding this matter, contact the Tigard Planning Department, 1312.5 SW Hall Blvd., Tigard, OR 97223. PHONES 639- 4171, STAFF CONTACT: Will D'Aidrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY ow No We have reviewed the proposal and have no objections to it Please contact of our office. Please refer:. to the enclosed letter. Written Comments Name of Person 'Commenting: Phone Number: 2REE FOR CO NT3 TO: DATE: March 16 1994 FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94 -0005 KENYON LOCATION: 11230 SW North Dakota (WCTM 1S1 34DB, tax lot 2700). A request for approval for a Minor Land Partition approval to divide one parcel of approximately 52,272 square feet into two parcels of approximately 10,253 and 40,973 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.88.040 (C)(1), 18.162.040, 18.162•1050, and 18.164. ZONE: R -4.5 (Residential, 4.5 units /acre) The R-4.5 zoning designation allows single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by` Mar. 28, 1994. You may use the space provided below or attach a separate letter to return your comments � y date please phone the staff contact If you are to res and by the above da noted below with yrur comments and confirm your w ?mments in writing as soon as possible. If you "Ave any questions regarding thi: matter, contact the Tigard Planning Departmer , 13125 SW Hall Blvd., Tigaru, OR 97223. PHONE: 639- 417.1. STAFF CONTACT: Will D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: reviewed the proposal and have no t We have p o objections to i Please contact of our office. Please refer to the enclosed letter. Written Comments ~�`\ ►`�1�e. i1e* Garr• rni itiink ;al REQUEST' FOR COMMENTS DATE: March 16 1994 FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94-0005 KENYON LOCATION:, 11230 5h' Nc:th Dakota (WCTM 1S1 34DB, tax lot 2700 ) A request for approval for a Minor Land Partition approval to divide one parcel of approximately 52,272 square feet into two parcels of approximately 10,253 and 40,973 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.88.040 (C)(1), 18.162.040, 18.162.050, and 18.164. ZONE: R..4.5 (Residential, 4.5 units /acre) The R =4,5 zoning designation allows single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and acc.lessory structure r'mong other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Mar 28, 1994. You may use the space provided below or attach a separate Letter to return your comments. Lfyouu are unable to res and �� the above date please phone the staff contact . noted below with your Comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Will D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY.: We have reviewed the proposal and have no objections to Please contact of our office. Please refer to the enclosed letter. Written Comment 6.111,401, PROPOSAL DESCRIPTION APPLICANT: Tom Aenyon PO Box 2016 Lake Grove, OR 97035 OWNER: Donald Gordon 2665 SW 107th Portland, OR Q72225 REQUEST: A request for approval for a Minor Land Partition approval to divide one parcel of approximately 52,272 square feet into two parcels of approximately 10,253 and 40,973 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.50.050, 18.88.040(C)(1), 18.162.040, 18.162.050, 18.164 LOCATION: 11230 SW North Dakota Street. (WCTM 1S1 34DB, tax lot 2700) ZONE R-4,5 (Residential, 4.5 units per acre) The R -4.5 zone allows si: ig:Le family residential units, public, support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. CIT Central CIT REPRESENTATIVE: Gerald Swank PHONE NUMBER: 639 -6607 CHECK ALL WHICH APPLY: X STAFF DECISION COMIENT3. DUE BACK TO STAFF ON _ 1993 PLANNING COMMISSION DATE OF HEARING: TIME :7.30 HEARINGS OFFICER DATE OF HEARING: TIME :7 :00; CITY COUNCIL DATE OF HEARING: TIME :7 :30 ATTACHMENTS X VICINITY RAP S LANDSCAPING PLA:.N NARRATIVE ARCHITECTURAL PLAN .X SITE PLAN OTHER: STAFF CONTACT: Will D' Andrea 639 -4171 CITY OF TIGARD, REGON PARTITION APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 1. GENERAL INFORMATION PROPERTY ADDRESS /LOCATION TAX MAP AND TAX LOT NO. 2-? / ' :7PZ7 SITE SIZE PROPERTY OWNER /DEED HOLDER* b2" ADDRESS ��i.: Str✓ ,J 2 1' CITY PorTi- -v∎, APPLICANT* ADDRESS o / PHONE r-- CITY,,or'µe . G-�- ZIP PHONE Z P 1Z � ozow et OTHER CASE NO'S: RECEIPT NO. 14/ APPLICATION ACCEPTED BY: V rT DATE —Co Application elements submitted: . ✓ (A) Application form , (1) (B) /written authorization (C) Title transfer instrument (1) L,-""ZD) Assessor's map (1) �E) Plot plan (pre-app check list) (F) Applicant's statement (pre -,app check list) lr. add` e ) (H) Filin g fee (235) *When the owner and the applicant are different people, the applicant must be the p rehaser of record or a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this pp a space provided on page two or submit aiwrittenhauthorization with this application. 2. PROPOSAL SUMMARY The owners of record of the sub ect property request permission to divide total area into 1, containing /';/1/46 (No. of parcels) /0,a1-1513 and:. feet each). FINAL DECISION DEADLINE: COMP. PLAN /ZONE DESIGNATION: X16+ WIT P'O:- ? r Planning Director Approval Date: a ee- (or square Final Approval Date: Planning Engineering Recordation Date and Number 3. List any variance, conditional uses, or other hand use actions to be considered as park: of this application: ts • ,App licant' To have a complete application you will need to submit su tachmenis described in the attached information: sheet at the time you S. THE APPLICANT(S) SHALL CERTIFY TUA A. The above re.uest does not violate any deed restrictions that may be attached to or imposed upon the subject xoperty• B. If the application is granted, the app licant 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, transmitted herewith, are treae; and the applicants -so acknowledge based on this and exhibits g that. any permit issued, pp statements are application, may be revoked if it is found that such s false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving policies denying the application. DATED this `Q 19 day of - - - _J_.______ SIGNATURES of each owner (eg. husband and wife) o subject property. March 31, 1994 Cty of Tigard 13125 SW Hall Blvd P.O. Box 23397 Tigard, OR 97223 Attn: W i l z; D ° Andr a Subj. Property at 11230 SW North Dakota, Tigard, 97223 Dear Mr. D'Andrea: This refers to the planned development of the subject property by Mr. Tom Kenyon. As you know, Tom Kenyon is purchasing the property from me on an installment Sales Contract. My understanding is that he intends to divide the property into two lots with the existing structure remaining on one lot He plans to build a new house on the second lot and build a driveway along the east side of the property to provide access to the new house. According to our sales contract, any alterations or improvements to the Property must be approved by the Seller in writing before any work can be started. Also all conditions of paragraph 5.2 Improvements of the Sales Contract shall apply to the planned improvements menus and alterations. T4 tNR. CoRDo0 yr Des- 3`��n`65 ' - $4q-`r 17'115 45* ./ �,g- gTiTIQ, Based on the plans Tom Kenyon has shown me,� I give my consent for him to proceed with the planned lot line adjustment, building of a driveway along the east side of the property, building a new house on the second lot, and removing any trees, plants and shrubs that may be necessary to accommodate the alterations and improvements Sincerely, D. K. Gordon 2665 SW 107th Ave Portland, OR, 97225 a 7 N ' "rL)N FEn dFiX PT r M t AYMEN T :0-0.1 . � i V • d `MM7:F�� g. D ,,% Ott) (1114 0,,ASI 4 P X T) »' Nut nikrr p io FORM No. 18 0 /990 Stevens•Ness lor,v Publishing Co. Portland, Oregsn 97204 NE OWNER'S LE AGREEMENT AND EARNEST r2- EC RECEIVED OF Pamela A. Bell January hereinafter called purchaser, ,$100.00 money and in part payment for the following described real estate situated i.n the City of Tigard County of .Washington , State of .Orman , described as follows, to -wit: 11230 SW North Dakota St., Tigard Or. 97223 as earnest which we have this day sold to the purchaser for the sum of ... E19hty Thousand plus contemplated improvements Dollars $ on the following terms, to -wit: The earnest money hereinabove receipted for $ upon acceptance of title and delivery of deed or delivery of contract Dol acs $ balance of • payable es. follows: Dollars $ , Contract for X80, 000.00 _plus contemplated impreveme:dtse remnants of 5550.00 a r at-h/ until inprovemants are crirpleted theca o si—B be re..finirid or 9 seller ,.�ycr�ats re- calwlat�ec7,� int. rate shat.]. be 8••��.• Purchaser agrees to serer retaining a porti:onof the property for access I� Y Purchase aiues.a:t.i.Ue.. insurance Purchaser . • ees•ta_co• •-o p r ate. w�ta••.sellei • -for .lot- • le -- aj-ustme, nt..aems rements If this applicable law, rior to losing. (Delete dwelling p and seller certify that a v,�ar.:ing smoke detector shall be instskled in each unit according to p Acti i� -�eem � _ _ ,. - , .. ; • jai- la-s.t . . .. all hey r,� ncluaive� evidenre as to .status of seller's record tale• r.s ram � -:�y'4 ti41n rPnnrt ehnt,_tim,g +`ta • agreed be made so within thirty rt3' days of r a written notice of defects is deliveredIt aselle , the earnest ltmoney herein receipted shall marketable, the title to the said premises is marketable, and the . purchaser set forth, then the earnest comply herein receipted for shall be forfeited . , :... days and to make payments promptly, as hereinabove of this sale within seller as liti" fated da►neges, and this contract shall thereupon be of neglects or refuses to com 1 with any of the conditions no further binding effect money P d t 0 The mroperty is to be conveyed by and payable for the current tax year, reservations in federal of all liens and encumbrances except zoning ordinances, building restrictions taxes due patents and state deeds, easements of record and All irrigation, ventilating, cooling, . g , g, ng, plumbing and heating fixtures and equipment (including stoker and oil tanks but excluding fire place fixtures and equipment), water heaters, electric light and bathroom fixtures, light bulbs and fluorescent lamps, venetian blinds, wall -to -wall carpeting, awn- ings, except and door screens, storm doors and windows, attached floor coverings, attached television antenna, all plants, shrubs and trees and all fix- tures window and doors are to be left upon the premises as part of the property purchased. T clodo i property • ed as part of the property sold for said price: JLL.._.4..: The foil . - .4.....a:_ - _ •-- _... following personal is also included g pro rate the tares which become due and payable for the current tax fiscal year 'o crest purchaser existing pro on a fiscal interest premiums for existing insurance and other matters shall be ro rated on year basis.. Rents, including oil in tank, any, a gee ter r a calendar year bans. Purchaser agrees to pay for fuel on hand ng , and, at closing, shall reimburse seller for gums, if any held in any reserve account relating to any encumbrances on said property. Adjustments are to be made as of the date of the constunmation of the sale herein or delivery ypossession, which ever first occurs. Possession of said premises is to be delivered to purchases' on or before ..h.. ,1.91r`- s C-0-(6.4. ., 19 of Time is of the essence hereof. This L assignable without written consent successors and assigns purchaser However, the purchaser's rights here- in are not reasonable le attorney's t of seller. n any suit or action brought on this co • losing contract is binding upon } gns of the • is cosec ^ ct,ft teller. l party agrees to pay the prevailing party's a ey's fees to be fixed by the trial court, and on appeal th p e appellate court, prevailing p : a reasonable ottorne to be fixed by the Further conditions _.L.4ul..._...i . i...a. ................c :c �_�__� r.__...a.ii.}...a. :' :a.:.44:... .4.4...4.4.44.4444.44444.444.4444 .. FIR IECT TO IOND USE CTWS AND r STRUCTURES. �a4 ES THE`yROPE aI,.,....,: yN T E PROPERTY DESCRIBED IN THIS INSTRUi'AENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTUR PROPERTY IS REGULATIONS WHICH; IN FARM OR FOREST ZONES. MAY N t.i" AUTHORIZE CONSTRUCTIO,V OR SITING OF A RESIDENCE. BEFORE SIGNING OR ACCEPTING THIS INS1?UMENT, THE PER- SON APPROPRIATE CITY FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE, 50RI CQUIRING Ft OR COUNTY PLANNING ,DEPARTMENT TO VERIFY AP- PROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURED. : :...4 »M }.w+...Y.:44.444.4444 ,.44.4.4.:.4.44 .. "..»....w..�_ par . . I hereby agree to purchase the above property and to pay e Price of • -" " 41 ..ry rr_4.: rirrr4l..yLl�Yil ::l Yw.rar.r.a4I.i.{ .Address ..� w Ctrs I yr.. Puicchaset+ .4 44rr.Lr }}4aa1•a_.4} .ril} :�Yia.. ..a..4._.}L..L :L ... ._-La. .a_. a4{µ. ...J.LX.yiy..aLrya.G._4arr_L4_4 Phone, 1 SO''04 4444. 44 Daliars as' specified: Bove. :ly_4..irry4. w.r.........y.i4 444 44ryr41}.44r K4ii4444L44..y4L444 4L4:4L 4.}i 44iiyt: 444444y444444rr1Y} Y.'i1 44 4444 S E n M E a/ ' ti First Aterican Title Insurance pant' ©f Oregon December 9, 1993 An :,uumcd b,,lneu of TITLE INSURANCE COMPANY OF OREGON 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201 -5512 (503) 222 -3851 FAX (503) 790 -7865 or (503) 790 -7853 Preliminary Title Report ALTA Owners Stand. Coy. $100,000.00 Premium $455.00 ALTA Owners Ext. Coy. $ Premium $ ALTA Lenders Stand. Co v . $ Frornium $ ALTA Lenders Ext.Cov. $75,000.00 Premium $135.00 Order No 749598 Indorsement - 100, 116 & 8.1 Premium $ 40.00 Escrow No 93042369 Other Cost $ Re Gordon /Kenyon Govt. Sere, Charge Cost $ 25.00 ted statement. of all charges and advances in con- nection A consolidated 9 n- nection with this order will be provided at closing. First American Title Insurance Company of Oregon 4650 SW Griffith Dr. Beaverton, OR 97005 Attention: Lori Tubbs Telephone No 641 -7000 We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: Beginning at the Northwest corner of the John L. Hicklin Donation Land Claim; and running thence East 9 chains and 861h links to a place of beginning; and running thence South a darns and 58 links, thence East 1 cha. and 68% links; thence North 7 chains and 57% links; thence West 1 i'hain and 646/e links to the place of beginning, in the County of Washington and State of Oregon; and as of November 26, 1993 at 8:00 a.m., titlo vested in RUIN F. GORDON and DONALD K. GORDON, as tenants in common; Subject to the exceptions, exclusions and ordinarily part Policy J p nd stipulations the are ordmanl art'of such Polio form an . sti ulation� which ar following. 1. The rights of the public in and to that portion of the premises herein described lying within fit a limits of roads, streets or highways. 2 A g reement including the terms and provisions thereof, September 28, 1963 in Book 496, page 285 Between Alfred S. Gordon and Ruth F. Gordon, Husband and wife 3 The following matters pertain to Lenders Extended coverage only (a) Parties in possession, or claiming to be in possession, other than the Vestees shown herein, (b) Statutory liens for labor and/or materialS, including liens for contributions due to tho State of no Oregon compensation, or art rights thereto, where for employment compensation and for workman's �;or�ip y g no tPze of such liens or rights appears of record, report Is frr the exclusive use of the parties herein shown and is ptelirrlinary to the issuance of a title insurance policy and shall become void unless a policy is issued, end me full premium paid, Page 2 Order No. 749598 NOTE: The address of the property described herein is: 11230 SW North Dakota Street Tigard, OR 97223 NOTE: Taxes for the year 1993 -94 paid in. full. Original Amount : $1,589.23 Tax Amount $1,58923 Code No 023.74 - Account No. 1S134DE -02700 Key No 269435 NOTE: We find no judgments against TOM KENYON. FIRST AMERICANTTI..E INSURANCE COMPANY OF OREGON JAMES GOODEAUDY - Title Officer (503) 790 -7866 JG:cp cc: Donald Gordon cc: Torn Kenyon CO A'SI.k/ C • • First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY (10/17/92) The following matters are expressly excluded from the coverage of this policy and the Company wit not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances. or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use a enjoyment of the land; (u) the character, dimensions or location of any improvement now or hereafter erected on the land; (in) a separation in ownership or a change in the dimensions a area of the land or any parcel of which the land is or was apart; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the . extent t hat a notice of the enforcement thereof or a notice eta defect, ken or encumbrance reaulting from a violation or alleged violation affecting the and has been recorded in the public wows at Date of Policy. (b) Any governmental by exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation mmental police power not excluded (a) above, except to the extent a notice of the exerci or alleged violation affecting the land has been recorded in the public records at Date of Policy. Date of Policy which would be binding on the rights of a rchaser for value without knowledge. �' any taking which has occurred prior to 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at Date of Policy, but not excluding from cove wy n9 n9 f� 3. Defects, dens, encumbrances, adverse claims or other matters (a) created, suffered. assumed or agreed to by the insured claimant; (b) by claimant prior to the b) not known to the Company, not recorded in the public records at Dated Policy, but known m the insured claimant and not disclosed in writing to the Company the insured clad date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant Policy); or or services, labor ormatenai (d) or extent insurance is afforded herein as to assessments for street improvements under oe trruction or completed at Date of lien f or created subsequent to Date of Policy except b the extent that this des the priority of the lien of the insured mortgage over any statutory (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. With applicable ' business laws of the mortgage which the lh is ai d, c. �y any subsequent owner of the indebtedness, to =near 4: lJnenf� I' doing business lien of the insured ono a because cd the inability or failure of the instmed at Date of Poli or the inabi or failure of qty ' dy lending mortgage, or claim thereof, which arises by mortgage upon usury a any consumer credit 5 Inw.!'di or unenforceakml' of the lien of the insured - out of the transaction evidenced the insured nwrt a and is based 6. Any statutory lien for services, labor or materials (or tua claim of priority of any statutory Tien for seances, labor or materials over the lien of the insured Mortgage) arising from an red moor Policy part by proceeds secured by mortgage related to the land which is contracted for and commenced � aril to Date of Pol and is not financed in whole or m f of indebtedness sect. which at Date of � the insured has advanced or is to advance. Any creating by opera lvency, rights 7, laws, hat�is based out of transaction aeatin the interest of the mortgagee insured by this poi'icy, reason of the tier of federal p cy, , or similar creditors' ngh (i) the transaction creating the interest of the insured rib: gagee being deemed a fraudiaant conveyance or fraudulent transfer, or or iii the transaction creating the interest of the insured as being deemed a preferential transfer except where the preferential transfer results from the i 4 i7 � � mortgagee n9 Pre except f� failure: (a) to timely record the instillment of transfer, or fo) of such recordation to impart notice to a purchaser for vake or a jud9ement or Gen ciedta ALTA OWNER'S POLICY (10117192) The following matters are expressly excluded from the coverage of thin policy andthe Company will not pay doss or damage, casts, attorneys' fees or expenses which arise by reason of t use a of the land; (it) the relating to th the occupancy, c (a) 1oY t of which the land is or was a or ia envuor�menttai refection, or the tiled of any violation of these taws, otcfinances or governmmenta change a the , ektrtpt to e a) Any law, ordinance or governmental regulation character, a location of any v meow or hereafter erected ttte tared• f �jroa separa�h'on�`tngao�rsft a a � regulations, except to the area of m any parcel p�• extent that a notice of the enfan;emant thereof or a notice of a defect, ken or encurnmbrance resulting front a vtx,tation or alleged violation affecting the land has been recorded in the public records at Date of Potty. rig (b) Any alleged over governmental affecting po police the land has been by (a) a m vne except to t e x t extent th t idre. of the exercise thereof or a nniice of a defect, lien or enrumbrance resutti front a vioiabo n on emmeritat polcee power not exclnx,ed (a) above except to the . extent that a lKtuch has ocainr to Policy i rig rights puttlic icy, erage any taking prior 2:• Right of eminent domain unless notice of the exercise thereof has been recorded in the teC rc� at Data of Poi' ' txit not esduclrxi from coo Date of Which would ba binding on the ' hts of a purchaser for Value withotd knowled9e. 3. Detects, hens, eritieribrances, adverse clams or other matters (a) created suffered, assn med or agreed to the insured d inrant; a _. (b) net ivrown do the Company, not recorded in the ptib5c Y the iis;aed Claimant and not in to the Company by the insured claimant prior the date the insured, claimant bourne an ktsured tinder of Portal, but known to (c) rresultmg m no loss or damage to.the insixed dam (e) in loss ardal a wfnx;h Weald not have been suss led ii the or t suixsequsnt l i Date of Policy; or . , irrsitred ctaicnatni had paid vane roc tie instated nrtortgage. a. pro; claim, With arms out of the transaction vesting in the 'reedited the estate or merest insured by this policy, by r elk operatiOrt at federal baniut y, tita insofvenq, di, OMBar croutons* i the transaction cseatung the estate or interest insured rights fawno that is based on: tra by this Ply g downed a e ire t or (i) the transaction creating the estate or aitecest insured this downed a preferential transfer where the w ct transfer rnsuks from the failure: (a) 6i timely record the uirslniment of tran§fer or (b) of such reitordatiort to Irrnpali notice to a purdiaser for vak* era judgen>erit or Heir SCHEDULE Or STANDARD EXCEPTIONS The ALTA standard policy torrn Will contain In Schedule 13 the � e arms tit taxes cc assessmerti3s on r� ar bythe pt�c rtrcx�zis prxse�'gs by 1, Taxis or assess n !rte Mich are rid shown as eidsting records et any taxing a Y that levie ► t�PiV . . ... :. b; . reoads. �rdy orassessmerrts,:orrnotices of p��, whether or rna(shawn by the records d aoi�t or prttsltc t trot . 2 � rights, rntere:;;Es. or cia,ms wh` . of sand tared or by tnalang iniquity d pt:f3ens in po3on wit r. putrHc +i~ay es fads, rig xln are riotshown by pub records but ooced be �d �y an irsp�on . artit�eb e Eny 'Ito; s, services, tabor, or material, heaesofdc of hereafter furnished s led by! iaW and `net shown by the pubic ter rids. 3, ere r , or dorms thereof, notshWaRt by ihtf pu'biic iecords; reservations c r exceptions an patents or at ads to issuamae theredt water rigt�, claim d .. �� or rigtnf . , 5. Discrepancies; conflicts in boundary lilies. shortage in area; erxxoas htnier ts; or any other tarts wheh t3 wired survey would disc ore. NOTE! A SPECIMEN COPY OE THE POLICY'PORk.4 (OR FORMS) WILL BE FURNISHED UPON REQUEST, TIi49(iOI4 • THIS MAP IS FURNISFIPi� AS A CONVENIENCE IN LOCATING PROPERTY 1D THE COMPANY „ a: ASSUMES NO LIABILI Te .: • R ANY VARIATIONS AS MAY BE DISCLOSED CTUAL SURVEY C First American Title Insurance Company of Oregon on essumej business name of TITLE INSURANCE COMPANY OF OREGON 1 700 S.W. FC'' "JRTH AVE.. PORTLAND. OR 972.01 -5512 (503) 222-3651 z IS I0L' 176 144 108.41 2400 2500 19 A. 120 AC 108.64 108.90 2800 .6/ AC 41E T T `" T DAKOT4T- 95 /02.96 3100 j /6 AC. 0 0 95 m N C 0 143 1S13,4DC- 00200 i SCHUBKEGEL, CONRAD III & KAREN 11275 SW TIGARD ST TIGARD OR 972/3 1S134DC_00 00 .... SCHNEIDER, CHARLES A DOLORES S 11195 SW TIGARD ST TIGARD OR 97223 1S134DC -08800 . .•.. BARRIE, WILLIAM NAND CYNTHIA C 11489 SW TWINN PARK PL TIGART1 OR 97223 15134DC- 09000 •.•....•..... GL,Eiib'N, PATRICK A & SANDRA 'M 11645 'SW TWIN NARK PL TIGARD OR 97223 1S134DC- 08900 .............. ... MUNDELL, REBECCA S 11467 SW TWINN PARK PLACE TIGARD OR 97223 15134DB -00400 ......w..ec e........ ELLSON, WALLACE C VIOLET K 11225 SW NORTH, DAKOTA TIGARD OR 97223 1S134DB -00600 ................ FENBACHER, HELEN 11685 SW NORTH_ DAKOTA ST TIGARD OR 97223 1S134DB -00300 .b ................... CORPORATION OF THE PRESIDING BISHOP/CHURCH OF JESUS CHRIST OF L D S 50 E NORTH TEMPLE 22ND FL SALT LAKE CITY UT 84150 1S134DB -00500 ...e..... ... ...... .e. KOENIG, RONALD M & PEARL D 11329 SW NORTH DAKOTA TIGARD OR 97223 18134DB -02500 ........ .. ... SCOTT, SAM R J'R ERMA L 11370 SW NORTH DAKOTA TIGARD OR 97223 1S134DB- -02900 ....•.... . •.4,..... STROM, BORGHILD M PD BOX 983 TIGARD OR 97223 1S134DB- 03100 e.e....e..•...•.. CLARK, MARIE NI 11140 SW NORTH DAKOTA TIGARD DR 97223 15134Di -05200 4141... 410 4141.. it ZEHNTBAUER, JOHN ALAN ZEHNTBAUER, SYLVIA ELAINE 11240 SW NORTH DAKOTA ST TIGARD OR 97223 1S134DB, -05400 a 4141: ". • : I;, . e SHIPPER, DEBRA. L 11280 SW NORTH DAKOTA TIGARD OR 97223 15134DB -02400 r•...••.il•...e...•.ee SCOTT, SAM R QTR ERMA L 11370 SW NORTH DAKOTA IGARD OA 97223 1S134DB -02800 .. .... ...... ...•.. TORLAND, ARTHUR N & BESSIE M TRUSTEES 8520 SW AVERY ST TUALATIN OR 97062 1S134DB- 03000 .,...••0410, 4,41.0..•.. TORLAND, ARTHUR N & BESSIE M TRUSTEES 8520 SW AVERY ST TUALATIN OR 97062 1S134DB-03700 ..................... LIVINGSTON, KAY W BESSIE' 10970 SW NORTH DAKOTA TIGARD OR 97223 1S134DBti45300 .....•.....,ti.eis. e..... NIKONOROV, SERGEI A 11260 SW NORTH DAKOTA TIGARD OR 97223 [Page Too Large for OCR Processing] REQUEST FOR COMMENTS' DATE: March 16 1994 FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94 -0005 KENYON LOCATION: 11230 SW North Dakota (WCTM 1S1 34DB, tax lot 2700) A request for approval for a Minor Land Partition approval to divide one parcel of approximately 52,272 square fee into two parcels of approximately 10,253 and 40,973 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18 50 X050, 18.88.040 (C)(1), 18.162.040, 18.162.050, and 18.164. ZONE: R- 4.5r'Residential, 4.5 units /acre) The R -4.5 zoning deFignation allows single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. • departments s and. agencies Your review. From Attached supplied by nvar various applicant's a statement gencies and from other supplied available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Mar. 28, 1994. You may use the space provided below or attach a separate letter to return your comments I f you are _ unable to respond by _above date, please phone the staff contact no'ed below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Will D'Andrpa___ PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to i Please contact of our office. Please refer to the enclosed letter. Written Comments 4111NOTIFICATION LIST FOR ALL APPLICATIONS 1. 4' CIT(2) copies 2. CITY DEPARTMENTS Vcuilding Official/Dave S. City Recorder a^ Engineering /Michael A. Permits Facilitator/Viola G. 3. SPECIAL DISTRICTS fare District - spick -up box) V Tigard Water Department 8777 SW Burnhaa St. Tigard, OR 97223 Tualatin Valley Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. AFFECTED JURISDICTIONS Wash. Co. Land Use & Trans p., 150 N. First Aver Hillsboro, OR 97124 Brent Curtin ..- Kevin Martin Alike Borreson Scott Ring` Fred Eberle City of Beaverton Jim Hendryx - Principal Planner PO Box 4755 Beaverton, OR 97076 City of Zing City - City Manager 15300 SW 116th Zing City, OR 97224 City of Lake Oswego City Manager 380 SW A Lake Oswego, OR 97034 State Highway Divi ®ion - Bob Doran PO Box 25412 Portland, OR 97225 -0412 • SPECIAL AGENCIES -' eneral Telephone Engineering Office PO Box 23416 Tigard, OR 97281 -3416 NW Nature? Gas Scott Palmer 220 N4 Mecond Ave. Pvr land,, OR 97209 TCI Cablevision of Oregon Linda Peterson 3500 SW Bond St. Portland, OR 37201 Columbia Cable (Frank Stone) 14200 SW Brigadoon Ct. Beaverton, OR 97005 6. STATE - AGENCIES Aeronautics Div. (ODOT) Division of State Lands C ^ t M.B. rk otGiIlE3rCe D ®�{�• - 6'i i Fish s wildlife PDC ... -pt. of Environ. Quality 7. FEDERAL AGENCIES' Corps. Of Engineers Post office • OTHER Southern Pacific Transportaition Company Duane. M., Forney, PLS - Project Engineer 800 YVW 6th Avenue, R. 324, Union Station Portland, OR 97209 • CPO NO. -- Parks & Recreation Board - Police wield Operations Unified sewerage Agency /BUM Program -'-° 155 N. First St. Hillsboro, OR 97124 Boundary Commission - 320 SW Stark Room 530 Portland, OR 97204 METRO - GREENSPACES PROGRAM Mel Buie (CPA's /ZOA's) 600 NE Grand Portland, OR 97232 -2736 DLCD (CPA's/EOM's) 1175 Court St. NE Salem, OA 97310 -0590 Other City of Durham City Manager PO Box 23483-3483 Tigard,' OR 97224 City of Portland Planning Director 1120 SW 5th Portland, OR 97204 ODOT Lidwien 9002 SE KcLo hlin Blvd. Milwaukie, OR 97222 City of Tualatin - PO Box 369 Tualatin, OR 97062 Portland General Elec. Brian Moore 14655 SW Old Scholl. Fry. Beaverton, OR 97007 Metro Area Communications Jason Hewitt. Twin oaks Technology Center 1815 NW 169th Place S -6020 Beaverton, OR 97006 -4886 US 'West Pate Nelson 421 SW Oak St. Portland, CR 97204 Tri -Mat Tra nSit Dem. Kim Knox 4012 SE 17th Ave. Portland, Cl 97202: DOGAdai; [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]