MLP2002-00014 i
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% NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2002-00014
CITY OF TIGARD
KRASAUSK PARTITION Commumty�Dever�nt
ShapingA BetterCommuraty
120 DAYS (WITH EXTENSION) =8/3/03
SECTION I APPLICATION SUMMARY
FILE NAME KRASAUSK PARTITION
CASE NO Minor Land Partition (MLP) MLP2002-00014
PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing
15,579 square foot lot into finro (2) parcels for detached smgle-famdy residences
An existing single-famdy dwelling is located on the sub�ect parcel and is proposed
to remain on Parcel #1 in compliance with all setback requirements
APPLICANT Miles Schlesinger OWNER Paul Krasausk and Joe Marcharg Jr
11455 SW Shrope Court 15833 SW Misty Court
Tigard, OR 97223 Beaverton, OR 97007
ZONING
DESIGNATION R-4 5, The R-4 5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot
size of 7,500 square feet Duplexes and attached single-family units are permitted
conditionally Some civic and institutional uses are also permitted conditionally
LOCATION 10085 SW Kathenne Street WCTM 1S135CC Tax Lot, 03100
PROPOSED PARCEL 1 7,500 Square Feet
PROPOSED PARCEL 2 7,500 Square Feet
FLAG LOT ACCESS AREA 556 Square Feet
APPLICABLE
REVIEW
CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures),
18 420 (Land Partitions), 18 510 (Residential Zoning Distncts), 18 705 (Access
Egress and Circulation), 18 715 (Density Computations), 18 745 (Landscaping and
Screening), 18 765 (Off-Street parking and Loadmg Requirements), 18 790 (Tree
Removal), 18 795 (Visual Clearance Areas), and 18 810 (Street and Utility
Improvement Standards)
SECTION II DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request sub�ect to certain conditions The findings and conclusions on which the
decision is based are noted in Section V
NOTICE OF DECISION MLP2002-00014JKRASAUSK PARTITION PAGE 1 of 23
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CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT
u mit to t e ng�neering epartment rian ager, , ext or review an
approval
1 Prior to final plat approval, the applicanUowner shall ensure that the visual clearance area
including areas of existing fencing along the Tigard street frontage is not obstructed The
applicant shall also submit a report from a traffic engineer showing that sight distance standards
as enumerated by AASHTO are met, and if not, that any improvements required to meet the sight
distance standards have been completed
2 A Public Facdity Improvement (PFI) permit is required for this pro�ect to cover the public sewer
line, the new storm Ime m Katherme Street and any other work in the public right-of-way Six (6)
sets of detailed public improvement plans shall be submitted for review to the Engmeering
Department NOTE these plans are in addition to any drawmgs required by the Budding Division
and should only include sheets relevant to public improvements Public Facdity Improvement
(PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which
are avadable at City Hall and the City's web page (www ci tigard or us)
3 The PFI permit plan submittal shall mclude the exact legal name, address and telephone number
of the individual or corporate entity who will be designated as the "Permittee", and who will
provide the financial assurance for the public improvements For example, specify if the entity is
a corporation, limited partnership, LLC, etc Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person Failure to provide accurate
information to the Engineering Department wdl delay processing of pro�ect documents
4 Pnor to approval of the final plat, the applicant shall obtain a Site Permit from the Building
Department to cover all gradmg for the lot(s), all on-site private utdity installation (water, storm,
etc ) and all driveway construction NOTE this permit is separate from a Public Faality
Improvement permit issued by the Engineering Department for work in the public right-of-way
5 Pnor to approval of the final plat, the applicant shall pay an addressing fee in the amount of
$30 00 (STAFF CONTACT Shirley Treat, Engmeenng)
6 The final plat shall show a ROW dedication on Katherine Street to provide 27 feet from the
center(ine The resulting area of both parcels, excludmg the access easement area shall be a
minimum of 7,500 square feet
7 The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
m the future improvements of SW Katherine Street ad�acent to the sub�ect property, when any of
the following events occur
A when the improvements are part of a larger pro�ect to be financed or paid for by the
formation of a Local Improvement District,
B when the improvements are part of a larger pro�ect to be financed or paid for in whole or in
part by the City or other public agency,
C when the improvements are part of a larger pro�ect to be constructed by a third party and
involves the shanng of design and/or construction expenses by the third party owner(s) of
property m addition to the sub�ect property, or
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 2 of 23
D when construction of the improvements is deemed to be appropriate by the City Engineer
in con�unction with construction of improvements by others ad�acent to the sub�ect site
8 The final plat shall show a �oint ingress/egress easement to be shared between the three
properties involved in the three partitions (MLP 2002-00012, 2002-00013 and 2002-00014) and
shall also address maintenance responsibility of the shared access
9 The applicant shall either place the existmg overhead utdity Imes along SW Katherine Street
underground as a part of this pro�ect, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculated by the frontage of the site that is parallel to the utility lines and wdl be $ 27 50
per lineal foot If the fee option �s chosen, the amount will be $ 2,063 00 and it shall be paid prior
to approval of the final plat
10 The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22) These monuments
shall be on the same Ime and shall be of the same precision as required for the subdivision plat
boundary Along with the coordmates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north These coordinates
can be established by
• GPS tie networked to the City's GPS survey
• By random traverse using conventional surveying methods
11 Final Plat Application Submission Requirements
A Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative
B Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineermg Permit Technicians, at (503)639-4171, ext 426)
C The final 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
D The right-of-way dedication for Katherine Street shall be made on the final plat
E NOTE Washington County wdl not begin their review of the final plat untd they receive
notice from the Engmeenng Department indicating that the City has reviewed the final plat
and submitted comments to the applicant's sunreyor
F After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engmeer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions)
Submit to the Planning Department (Morgan Tracy, 639-4171, ext 2428) for review and approval
12 Prior to final plat approval, the applicant shall submit a landscape plan which shows
A Landscape or solid fence screening along the portion of the proposed accessway that is
visible from WCTM 1 S135CC lot 3300 and 2900 This screen shall compIy with one of
the three options for screenmg as prescnbed in TDC Section 18 745 050 (5
Installation of said screen shall occur pnor to final budding permit approval on Parcel #�
B A street tree plan for the proposed access drive m accordance with the size and spacmg
standards under TDC Section 18 745 040 C
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 3 of 23
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING
PERMITS
Submit to the Engineering Department (Brian Rager, 639-4171, ext 2471) for review and
approval
13 Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat
14 Prior to issuance of the buildmg permits, the public sewer line work for the three partitions shall be
completed and accepted by the City
15 Prior to issuance of building permits, the applicant shall provide the City with as-built drawmgs of
the public improvements as follows 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format,
if available, otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the
City's GPS network The applicant's engineer shall provide the City with an electronic file with
points for each structure (manholes, catch basins, water valves, hydrants and other water system
features) in the development, and their respective X and Y State Plane Coordinates, referenced
to NAD 83 (91)
16 Prior to issuance of the building permit for the new parcel, the applicant shall pay the standard
water quality and water quantity fees per lot (fee amounts wdl be the latest approved by CWS)
17 The applicant shall provide signage at the entrance of the �omt driveway that lists the addresses
that are served by the driveway
Submit to the Planning Department(Morgan Tracy, 639-4171, ext 2428)for review and approval
18 The applicant shall provide a tree protection plan for Parcel #2 and shared access dnve, prepared
by a certified arborist The applicanUowner shall install the required tree protection measures
prior to budding permit issuance The applicant shall further note that the protection plan shall
indicate that a certified arborist must be present during any excavation within the dnplines of any
trees to remove
19 The applicant shall submit a tree mitigation program that accounts for 19 caliper inches to be
planted on the site, planted off-site, or is a payment m lieu of replanting Street trees along the
driveway cannot be counted towards the mitigation requirement Such mitigation replanting or
payment shall occur prior to final budding inspection
Subm�t to the Building Department (Development Service Technicians, 639-4171, ext 2439) for
review and approval
20 Prior to issuance of any buildmg permits, the applicanUowner shali provide documentation that
Tualatin Valley Fire and Rescue has reviewed and approved the fire flow documentation for the
existing fire hydrant
21 The applicant/owner shall submit a site plan with the buddmg permit application for Parcel #2 that
meets the height and setback requirements as prescribed for flag lots, per TDC Sections
18 730 020(C) and 18 420 050(4)(e) The site plan shall also show access taken from the �oint
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 4 of 23
accessway The site plan shall also reflect the abandonment of one of the existing driveway
accesses serving the parcel on SW Tigard Street and�oint use of the shared drive
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF FINAL
BUILDING INSPECTION
Submit to the Planning Department (Morgan Tracy, 639-4171, ext 2428) for review and approval
22 Foilowing completion of the shared access drive but prior to issuance of any final budding
inspections, the applicant/owner shall provide evidence that the screening along the access
drive as required in the landscape plan has been installed, as well as the street trees along the
shared access drive
23 The applicant shall install the mitigation replanting or remit the payment in lieu as specified in
the applicanYs mitigation program
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18)
MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER
THE PROCESS AND APPEAL SECTION OF THIS DECISION
SECTION III BACKGROUND INFORMATION
Pro ert Histo
The su �ect parcel is located within the City of Tigard The �roperty is designated Low Density
Residential on the Tigard Comprehensive Plan Map The sub�ect lot was divided from Lot 10 of
Greenburg Heights Addition subdivision Apart from a lot Ime ad�ustment that was perFormed m order to
facilitate the current application, no other land use approvals were found to be on file
Site Information and Pro osal Descri tions
The applicant is reques ing a Minor Land Partition to partition one (1) existing 15,556 square foot lot
into two (2) parcels for detached single-family residences An existing single-famdy dwelling is located
on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback
requirements The ad�acent properties and surroundmg area are characterized by smgle-famdy homes
SECTION IV PUBLIC COMMENTS
The City maded notice to property owners within 500 feet of the sub�ect site providing them an
opportunity to comment A number of letters have been received from adJ acent property owners,
including Brooks Gaston, John Slagle, Margaret and Dewey Hamdton, and Gererdene Gibson The
concems were pnmardy focused on storm dramage issues as a number of the nearby yards have poor
dramage currently The Hamdton's also inquired about the depth of the proposed sewer to ensure that �t
would be adequate to serve the furthest lot These issues are discussed in greater detad under Chapter
18 810 (Street and Utdity Improvement Standards) later in this decision
SECTION V APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Partitions (18 420�
The proposed partition complies with all statutory and ordinance requirements and regulations,
The proposed partition complies or can be made to comply with all statutory and ordinance requirements
and regulations as demonstrated by the analysis contained withm this admmistrative decision and
through the imposition of conditions of development approval All necessary conditions must be satisfied
as part of the development and building process Therefore, this criterion is met
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 5 of 23
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There are adequate public facilities available to serve the proposal,
Public facilities are discussed in detail later in this decision under Chapter 18 810 (Street & Utdity
Improvement Standards) Based on the analysis provided herein, Staff finds that adequate public
facilities are avadable to serve the proposal Therefore, this criterion is met
All proposed improvements meet City and applicable agency standards, and
The public facdities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18 810 (Street & Utility Improvement Standards) Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority wdl ensure
that City and applicable agency standards are met Based on the analysis in this decision, Staff finds
that this criterion is met
All proposed lots conform to the specific requirements below
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district
The minimum lot width required for the R-4 5 zoning district is 50 feet for sin le-family detached units,
and 90 feet for duplex lots Both parcels are 75 feet in width Therefore, this s�andard has been met for
single-family dwelfings, no duplexes wiil be able to be constructed on any of these proposed lots
The lot area shall be as required by the applicable zoning district In the case of a flag lot, the
accessway may not be included in the lot area
The minimum lot area requirement in the R-4 5 zonmg district is 7,500 square feet for detached smgle-
famdy units and 10,000 square feet for duplex units The proposed partition creates finro (2) lots that are
both 7,500 square feet The remaining 556 square feet is utdized for the flag lot accessway Both
parcels meet the requirements for smgle-family residential development This critenon has been
satisfied
Each lot created through the partition process shali front a public nght-of-way by at least 15 feet
or have a legally recorded minimum 15-foot wide access easement
The proposed partition plat dlustrates Parcel #1 as having 75 feet of frontage and Parcel #2 as having 70
feet of frontage on the proposed 20' wide access easement which connects to SW Tigard Street This
critenon is met
Setbacks shall be as required by the applicable zoning district
Setbacks for the R-4 5 zonmg district are as follows front, 20 feet, side, 5 feet, and rear, 15 feet The
existin house on Parcel #1 is proposed to remam This structure is situated 29 feet from the front
prope� Ime, 43 feet to the proposed rear property line, 10 7 feet from the east side property line, and
9 4 fee from the west side property line As such, the existing dwelling may remain as part of this
partition application
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
Proposed Parcei #2 is a flag lot There is opportunity on this 7,500 square foot lot to provide suitable
separation from other nearby existmg structures However, at this time no home construction is
proposed Therefore, conformance with this standard wdl be ensured through the building permit review
process
A screen shall be provided along the property line of a lot of record where the paved drrve in an
accessway is located within ten feet of an abutting lot in accordance with Sections 18 745 040
Screening may also be required to maintain privacy for abuttmg lots and to prov�de usable
outdoor recreation areas for proposed development
The applicants plan calls for a 20 foot wide access drive to serve Parcel #2, m addition to serving two
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 6 of 23
other lots being proposed in separate partition applications These other lots wdl also be flag lots behind
the parent parcels that front on SW Katherine Street and SW Tigard Street Smce the access drive will
be utilized for the other finro flag lot parcels behind the homes on Katherine Street, a screen is not
appropriate along the shared property Imes of the sub�ect parcel and the parcels being created by
MLP2002-00012 and MLP 2002-000�3 However, the homes located at 10060 SW Tigard Street
(WCTM 1S135CC lot 3300) and 10145 SW Katherine Street (WCTM 1S135CC lot 2900) are not a part
of or associated with this application, and should be buffered from the visual impacts of the shared
driveway Therefore, landscaping or a solid fence shall be established along the boundary of the shared
drive where �t can be seen from tfiose parcels
FINDING The application fads to propose adequate screenmg for the area along the flag lot
accessway to satisfy this requirement
CONDITION Prior to issuance of building and or engineering permits to construct the proposed
access drive, the applicant/owner shall submit a landscape plan which shows landscape
or solid fence screening along the portion of the proposed accessway that is visible from
WCTM 1 S135CC lot 3300 and 2900 This screen shall comply with one of the three
options for screening as prescribed in TDC Section 18 745 050 5 Installation of said
screen shall occur prior to final building permit approval on Parce 2
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
The fire district (TVFR) has reviewed the proposal and has provided comments as outlined later in this
decision under Agency Comments It is likely that a fire hydrant wdl be required at the time of building
permit application due to the general lack of other hydrants near the intersection of the access drive and
SW Tigard Street Documentation of the fire flow level wdl be required to demonstrate that the minimum
1,000 gallon per minute flow is available
FINDING The length of the proposed accessway and distance to the future dwelling from the street
will have a detnmental effect on fire fighting capabdities should the existing hydrant not
have adequate fire fighting flow
CONDITION Prior to issuance of any building permits, the applicant/owner shall provide documentation
that Tualatin Valley Fire and Rescue has reviewed and approved the fire flow
documentation for the existmg fire hydrant
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
This proposed partition would require that the accessway be shared Parcel #2 wdl Jointly be responsible
for the accessway with the other lots that are served by it, with the exact stipulations for mamtenance to
be established by the applicant in the reciprocal easement
FINDING The access drive will serve Parcels #2, m addition to finro other parcels, part of separate
applications
CONDITION The final plat shall show the proposed 20-foot wide �omt access easement to be shared
between Parcel 2 as well as the finro other parcels on the ad�oming lots and shall also
address mamtenance responsibdity
Any access way shall comply w�th the standards set forth in Chapter 18 705, Access, Egress and
Circulation
This standard is addressed under 18 705 (Access, Egress and Circulation) later in this decision
Where landfill and/or development is allowed within or ad�acent to the one-hundred year
floodplain, the city shali require cons�deration of the dedication of sufficient open land area for
greenway ad�oining and w�thin the floodplain This area shall include portions at a suitable
elevation for the construction of a pedestnan/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 7 of 23
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The partitioned lots are not within nor ad�acent to a one-hundred-year floodplain Therefore, this
standard does not apply
An application for a variance to the standards prescribed m this chapter shall be made in
accordance with Chapter 18 370, Variances and Ad�ustments The applications for the part�tion
and variance(s)/ad�ustment(s)will be processed concurrently
No variances or adJustments have been submitted with this application Therefore, this standard does
not apply
Residential Zoning Districts (18 510�
Development standards in residential zoning districts are conta�ned in Table 18 510 2 below
TABLE 18 510 2 - (Cont'd )
DEVELOPMENT STANDARDS If�f RESIDENTIAL ZONES
STANDARD x < s , � �- „R-4 5=< �'�� Parcel 1� �Parcel 2s �
Minimum Lot Size
Detached unit 7 500 sq ft 7 500 sq ft 7 500 sq ft
Duplexes 10 000 sq ft
Average Mmimum Lot Width
Detached unit lots 50 ft 75 ft 75 ft
-Du lex lots 90 ft
Maximum Lot Coverage --
Minimum Setbacks
-Front yard 20 ft 29 ft Can be met
-Side facing street on comer&through lots 15 ft N/A N/A
Side yard 5 ft 10 9ft/9 7 ft Can be met
-Rear yard 15 ft 43 ft Can be met
-Side or rear yard abutUng more restncUve zonmg distnct — N/A N/A
-Distance beiween property line and front of garage 20 ft 29 ft Can be met
-Side Yard Setbacks for Flag Lots[fDC 18 420 050(A)(4)(e)]* 10 ft N/A Can be met
Maximum Height 30 ft *' 14 Can be met'*
Minimum Landscape Requirement -- N/A N/A
Not a part of this table but has been InGuded for reference
"The maximum he�ght on a Flag Lot is 1 Y=stones or 25 feet whichever is less or as otherwise provided for in TDC 18 730 020(C)(2)
A minimum lot size of 7,500 square feet is required for each lot The proposed lot sizes of 7,500
square feet meet this standard Parcel #1 contains a smgle-family dwelling and is in compliance with
the required R-4 5 setbacks Parcels #2 is currently vacant Future development of these parcels will
be reviewed through the building permit process to ensure compliance with the
R-4 5 development standards Setback standards, required by Table 18 510 2 will apply to all future
development of the proposed lots It should be noted that the setbacks and height limifs for the flag
lot (Parcel #2) are different than the underlying zone, as required by Sections 18 730 020(C) and
18 �120 050(4)(e)
FINDING Based on the analysis above, the Residential Zoning Distnct Standards for Parcels #1 and
#2 wdl be met with the imposition of the followmg conditions
CONDITION The applicant/owner shail submit a site plan with the budding permit application for Parcel
#2 that meets the hei ht and setback requirements as prescnbed for flag lots, per TDC
Sections 18 730 020(G� and 18 420 050(4)(e)
Access, Egress and Circulation (18 705�
Continuing obligation of property owner (Sect�on 18 705 030 A) The provisions and
maintenance of access and egress stipulated in this title are continuing requirements for the use
of any structure or parcel of real property �n the City
There are reciprocal access agreements necessary for adequate access to proposed Parcel #2 Owners
of this parcel wdl be under the obligation to provide and maintain access to their own property Specific
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 8 of 23
maintenance provisions wdl be specified in the access easement agreement to be recorded with the
partition plat This provision has been met
Access Plan requirements (Section 18 705 030 B) No building or other permit shall be �ssued
until scaled plans are presented and approved as provided by this chapter that show how
access, egress and circulation requirements are to be fulfilled The applicant shall submit a site
plan The Director shall provide the applicant with detailed information about this submission
requirement
The applicant has provided a site plan showing a 20-foot-wide accessway for access, egress and
circulation for Parcel #2 To reduce the number of driveways entering SW Tigard Street, the applicant
will be required to consolidate the driveways serving the sub�ect flag lot with fhe driveways on the two
ad�oming flag lots as well as the existing driveway serving the ronting parcel on SW Tigard Street
Joint Access (Section 18 705 030 C) Owners of finro or more uses, structures, or parcels of land
may agree to utilize �ointly the same access and egress when the combined access and egress
of both uses, structures, or parcels of land satisfies the combined requirements as designafed in
this title, provided Satisfactory legal evidence shall be presented in the form of deeds,
easements, leases or contracts to establish the �oint use, and copies of the deeds, easements,
leases or contracts are placed on permanent file with the City
Joint access to Parcel #2 is proposed, therefore, an access easement wdl be required to be recorded
with Washington County and filed with the City
Public street access (Section 18 705 030 D� All vehicular access and egress as required in
Sect�ons 18 705 030H and 18 705 0301 sha I connect directly with a public or private street
approved by the City for public use and shall be ma�nta�ned at the required standards on a
continuous basis
All proposed parcels wdl have access to the shared driveway which wdl connect directly with SW Tigard
Street, a public street The 20-foot-wide accessway satisfies the 20-foot access width w�th a minimum of
20 feet of pavement required for up to 6 dwelling units per the dimensional standards in TDC Table
187051
Access Management (Section 18 705 030 H)
Section 18 705 030 H 1 states that an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washington County, the City
and AASHTO
The location of the new private driveway to serve this development and two other proposed partitions
ad�acent to this site, should have adequate sight distance, based upon its location along Tigard Street
However, the applicant has not yet submitted a report showmg the sight distance is met Staff
recommends the applicant submit a preliminary sight distance certification from their engineer pnor to
approval of the final plat Any improvements that may be needed m order to ensure adequate sight
distance shall be completed pnor to approval of the final plat as well
Section 18 705 030 H 2 states that dr�veways shall not be permitted to be placed in the influence
area of collector or arterial street intersections Influence area of intersect�ons is that area where
queues of traffic commonly form on approach to an intersection The minimum dr�veway
setback from a collector or arterial street intersection shall be150 feet, measured from the right-
of-way line of the intersecting street to the throat of the proposed driveway The setback may be
greater depend�ng upon the influence area, as determined from City Engmeer review of a traffic
�mpact report subm�tted by the appl�cant's traffic engineer In a case where a pro�ect has less
than 150 feet of street frontage, the applicant must explore any option for shared access with the
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 9 of 23
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ad�acent parcel If shared access is not possible or practical, the dr�veway shall be placed as far
from the intersection as possible
The �oint private driveway location will not be in the influence area of a collector or arterial street
intersection
Section 18 705 030 H 3 and 4 states that the minimum spacing of driveways and streets along a
collector shall be 200 feet The minimum spac�ng of driveways and streets along an arterial shall
be 600 feet The minimum spacing of local streets along a local street shall be 125 feet
SW Tigard Street is classified as a neighborhood route, which most closely relates to a local street The
new private driveway wdl be over 400 feet away from the Kathenne Street intersection, and over 1,000
feet away from the Tiedeman Street intersection Therefore, this critenon is met
Minimum access requ�rements for residential use (Section 18 705 030 I) Private residential
access drives shall be provided and maintained in accordance with the provisions of the Uniform
Fire Code
This standard wdl be addressed under the Agency Comments' section on page 21 of this decision
Access drives in excess of 150 feet in length shall be Provided with approved provisions for the
turning around of fire apparatus by one of the following a) A circular, paved surface having a
minimum turn radius measured from center point to outside edge of 35 feet, b) A hammerhead-
configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet
and a min�mum width of 20 feet, c)The maximum cross slope of a required turnaround is 5%
The site plan shows that the accessway is approximately 120 feet in length Since the dnve wdl not
exceed the 150 foot length limitation, no turnaround will be required
FINDING Based on the analysis above, Staff finds the Access, Egress and Circulation Standards
have not been met Demonstration of compliance wdl be assured through the budding
permit review
CONDITIONS
♦ Prior to final plat approval, the applicant/owner shall submit a reciprocal access
easement and mamtenance agreement for the �omt access servmg Parcel #2 for
review The easement shall be recorded with the plat
♦ Prior to issuance of budding permits for Parcel #2 or any other parcel bemg served
by the shared driveway, the applicant/owner shall abandon one of the existmg
driveway access points on SW Tigard Street
Density Computations (18 715�
A Defin�t�on of net development area Net development area, in acres, shall be determmed by
subtracting the following land area(s) from the gross acres, which is all of the land �ncluded
in the legal descnption of the property to be developed
1 All sensitive land areas
2 All land dedicated to the publ�c for park purposes,
3 All land dedicated for public rights�f-way
4 All land proposed for private streets, and
5 A lot of at least the s�ze re9uired by the appl�cable base zonmg district, if an ex�sting
dwelling is to remain on the site
B Calculating max�mum number of residential units To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning distr�ct
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 10 of 23
C Calculating minimum number of residential units As required by Section 18 510 040, the
minimum number of residential units per net acre shall be calculated by multiplying the
maximum number of units determined in Subsection B above by 80% (0 8)
The standards for Density computation address the intensity of residential land uses, typically
expressed as the number of housing units per acre The total square footage of the sub�ect property
is 15,811 square feet There are no sensitive land areas, public dedications, or private streets within
the sub1 ect proposal However, to determine the net developable area, the square footage of Parcel
#1 (7,500 square feet) is subtracted from the calculation because it has a pre-existing single-family
dwelling Additionally, the area of the accesswa (556 square feet) is subtracted as it is excluded
from the lot area per TDC Section 18 120 089( � This results in a net developable area of 7,500
square feet As the minimum lot size for the R-�5 zone is 7,500 square feet (10,000 square feet for
duplexes), the maximum number of additional residential units (single-family or duplex) is one The
proposed partition creates 2 separate lots in conformance with the density requirements
FINDING Based on the analysis above, the Density Computation Standards have been met
Landscaping and Screening (18 745)
Street trees Section 18 745 040
Section 18 745 040 A All development pro�ects fronting on a public street, private street or a
private driveway more than 100 feet in length approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18 745 040C
This proposed pro�ect has frontage on SW Katherine Street The access drive serving the proposed lot
wdl be approximately 120 feet in length Therefore, street trees are required alon� the access drive and
shall be planted in accordance with the standards for size and spacing m this title, under Section
18 745 040 C Since SW Katherine is unimproved and since the street improvement wdl not occur as
part of this application, planting of street trees will be deferred until the street improvements occur The
remainin� landscape standards are deferred until the time of development, except for screening of the
private drive which is addressed in this decision under Section 18 420 050
FINDING The requirement for planting street trees along the access drive is not met In order to
meet this requirement the applicant shall satisfy the following condition
CONDITION The applicant shall provide a street tree plan for the proposed access drive in accordance
with the size and spacing standards under TDC Section 18 745 040 C
Tree Removal �8 790)
A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„ parcel or combination of lots or parcels for which a development
applicat�on for a subdrvision, partition site development rev�ew, planned development or
conditional use �s filed Protection is pre�erred over removal wherever possible
The applicant has not specified the trees that wdl require removal, but has included an arborist's
assessment of the trees This assessment notes that there are several trees that wdl require removal to
accommodate the shared driveway, however, several of these trees are on seParate properties from the
sub�ect site On the sub�ect site, there are four trees that are greater than 12' in diameter Only one of
these trees requires removal due to the construction of the shared access drive Since this removal
represents removal of 25% of the trees on the site, 50% of the removed caliper mches requires
�eplacement through a mitigation program The tree proposed for removal is a 38' cottonwood, so the
applicant will need to submit a mitigation plan that accounts for planting 19 caliper mches apart from
those trees required as street trees along the shared accessway The remainmg trees on site wdl be
required to be protected through the construction phase per the City Forester's recommendations noted
later in this decision and the applicant's arborist report
FINDING Based on the analysis above, the Tree Removal Standards have not been met In order
to meet the standard the applicant shall satisfy the following conditions
CONDITIONS
Submit a tree protection plan with the budding permit application for Parcel #2, shared
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 11 of 23
,
�
access drive, and utili installation prepared by a certified arborist The applicanUowner
shall install the require�tree protection measures prior to budding permit issuance
Submit a tree mitigation program that accounts for 19 caliper mches to be planted on the
site, planted off-site, or is a payment m lieu of replanting Street trees along the driveway
cannot be counted towards the miti�ation requirement Such mitigation replanting or
payment shall occur prior to final budding mspection
Visual Clearance Areas (18 795)
TFiis ap er require�ha a c ear vision area shall be maintained on the corners of all property
ad�acent to intersecting right-of-ways or the intersection of a public street and a private
driveway A clear vision area shall contain no vehicle hedge� plantin , fence, wall structure or
temporary or permanent obstruction exceeding three �3) feet in heigh� The code provides t'�at
obstructions fl�at ma be located in this area shall be visually clear between three 3 and ei ht
(8) feet in he�ght Trees may be placed within this area provided that all branches be�ow eight�8)
teet are removed A visuaf clearance area is the trian�ular area formed b measuring from t e
corner, 30-feet along the right of way and along the driveway and connec�ing these �inro points
with a straight line
Apart from the large oak trees on SW Katherine Street, which are exempt from the visual clearance
requirements, there are no obstructions to the visual clearance area for the egress from Parcel #1 The
site plan shows a wood fence along SW Tigard Street that exceeds the height allowed for pro�ections
into the visual clearance area The portion of the fence that encroaches mto this area wdl be required to
be removed in order to comply with the visual clearance area for the egress for Parcel #2
FINDING Based on the analysis above, Staff finds that the Vision Clearance Standards are not
presently met
CONDITION The applicant/owner shall ensure that the visual clearance area on SW Tigard Street is not
obstructed prior to approval of the final plat
Impact Studv (18 390�
Section 18 60 090 states, "The Director shall make a finding with respect to each of the
follow�ng criteria when approv�ng, approving with conditions or deny�ng an application "
Section 18 390 040 states that the apQlicant shall provide an impact study to quantify the
effect of development on public facilities and services For each public facility system and
type of im pact, the study shall propose improvements necessary to meet C�t� standard, and to
minimize the impact of the development on the public at large, public fac�lities systems, and
affected private property users
In situations where the Community Development Code requires the dedicat�on of real properiy
interests, the applicant shall either specifically concur with a requirement for public nght-of-way
dedication, or prov�de evidence that supports that the real prope� dedication �s not roughly
proportional to the pro�ected �mpacts of the development Section 1 390 040 states that when a
condition of apProval requires the transfer to the publ�c of an �nterest in real property, the
approval authonty shall adopt findings which support the conclusion that the interest in real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public
The applicant has submitted an impact study The applicant will not be required to physically improve
the street due to the limited extent of frontage on this street However, the applicant w�l be required to
submit a waiver of remonstrance for future participation in a Local Improvement District (LID) for street
improvements to mitigate for the addition of 20 vehicle trips from the site The applicant wdl be
extendmg storm drainage to account for the additional impervious area being added to the site Sewer is
already avadable and has sufficient capacity to senre the develo ment Other impacts to public facdities
are offset by the collection of Systems Development Charges �SDC's) collected at the time of buddmg
permit issuance Therefore, this standard can be satisfied through meeting the conditions of approval in
this decision
The Washmgton County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
development Based on a transportation impact study prepared by Mr David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 12 of 23
new development on the Collector and Artenal Street system The applicant will be required to pay TIF's
of approximately $2,260 per new dwellmg unit
Based on the estimate that total TIF fees cover 32 percent of the impact on maJor street improvements
cit�rwide, a fee that would cover 100 percent of this pro1 ects tra�c impact is $7,063 ($2,260 times one
unit divided by 32) The difference between the TIF paid, and the full impact, is considered the
unmiti ated impact on the street system The unmitigated impact of this ro ect on the transportation
system is $4,803 The applicant wdl be required to dedicate additional right of�way along SW Katherine
Street The approximate value of these exactions is $1,575 (75'X7'X$3 00 s f) As the value of this
dedication is less than the unmitigated impact, this exaction is clearly proportionate
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18 810�
ChaQter 18 810 provides construction stan ar s for t e implementation of public and private
facilities and utilities such as streets, sewers, and drainage The applicable standards are
addressed below
Streets
Improvements
Section 18 810 030 A 1 states that streets w�thin a development and streets ad�acent shall be
improved in accordance with the TDC standards
Section 18 810 030 A 2 states that any new street or add�tional street w�dth planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC
Minimum Rights-of-Way and Street Widths Sect�on 18 810 030 E requires a local residential
street to have a 42 to 50-foot nght-of-way width and a 24 to � -foot �aved section Other
improvements required may include on-street parking, sidewalks and bikeways, underground
ut�lities, street lighting, storm drainage, and street trees
This site lies ad�acent to SW Kathenne Street, which is classfied as a local residential street on the City
of Tigard Transportation Plan Map At present, there is approximately 20 feet of ROW from centerline,
according to the most recent tax assessor's map The applicant should dedicate additional ROW on the
final plat to provide 27 feet from the centerline
SW Katherine Street is paved but not fully improved to City standards TMC 18 810 030(A)(1) states
that streets within a development and streets ad�acent shall be improved in accordance with City
standards However, 18 810 030(A)(5) states that the City may accept a future improvement guarantee
in lieu of street improvements if the improvement assoaated with the pro�ect does not, by itself, provide
a significant improvement to the street safety or capacity Although this development wdl mcrementally
increase the amount of traffic on the roadway, the increase wdl not substantially degrade the level of
service on the street A street improvement ad�acent to this site, therefore, will not significantly improve
the safety or capacity of the street In addition, 18 810 030(A)(5)(e) states that a guarantee in lieu of
street improvements is acceptable if the proposal is a land partition on property zoned residential and
the partition does not create any new streets This partition wdl not create a new street Based on these
code provisions, Staff therefore recommends that the applicant be required to enter into an agreement
with the City whereby the owner agrees to participate in any future widenmg pro�ect for the street carried
out by the City, a third party, or through a local improvement district This agreement must be executed
pnor to approval of the final plat
This partition is being proposed m con�unction with two others (MLP 2002-00012 and MLP 2002-00013)
The net result of all three partitions is three additional budding lots According to the applicant's plan,
the three new parcels wdl each share a common driveway that wdl access SW Tigard Street The
applicant wdl be required to show a�oint ingress/egress easement on the final plat to clarify that the three
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 13 of 23
properties have access nghts The applicant wdl also be required to execute a �oint maintenance
agreement to clarify maintenance responsibdities between the three parcels
Cul-de-sacs 18 810 030 K states that a cul-de-sac shall be no more than 200 feet long, shall not
provide access to greater than 20 dwelling units, and shall only be used when environmental or
topo�raphical constraints, existin� development pattern, or strict adherence to other standards
in this code preclude street extension and through circulation
. All cul-de-sacs shall terminate with a turnaround Use of turnaround configurations other
than circular, shall be approved by the City Eng�neer, and
. The length of the cul�e-sac shall be measured along the centerline of the roadway from
the near side of the intersecting street to the farthest point of the cul-de-sac
. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an ad�acent street
may be required to be provided and dedicated to the City
The applicant's plan does not mclude a proposed cul-de-sac, therefore this standard is not applicable
Street Alignment and Connections Section 18 810 030(G) re4uires all local streets which abut
a development site shall be extended within the site to provide through circulation when not
precluded by environmental or topographical constraints, existing development patterns or
strict adherence to other standards in this code A street connection or extension is
precluded when it is not poss�ble to redesign, or reconfigure the street pattern to provide
required extensions In the case of environmental or topographical constraints, the mere
presence of a constraint is not sufficient to show that a street connection is not possible The
applicant must show why the constra�nt precludes some reasonable street connection
There are no existmg public streets that stub into this site
Access to Arterials and Ma�or Collectors Section 18 810 030 P states that where a development
abuts or is traversed by an existing or proposed arterial or ma�or collector street, the
development design shall provide adequate protection for residential �roperties and shall
separate residential access and through traffic, or if separation is not feasible, the design shall
minimize the traffic conflicts The design shall include any of the following
• A parallel access street along the artenal or ma�or collector,
• Lots of suitable depth abutting the arterial or ma�or collector to provide adequate buffering
with frontage along another street,
• Screen �lanting at the rear or side properly line to be contained in a nonaccess
reservation along the arterial or maJor collector, or
• Other treatment suitable to meet the ob�ectives of this subsection,
. If a lot has access to two streets with different classifications, primary access shouid be
from the lower classification street
The proposed development is neither abutting nor traversed by existing or proposed arterial or collector
streets Therefore, this standard is not applicable
Private Streets Sect�on 18 810 030 S states that design standards for private streets shall be
establ�shed by the City Engineer The City shall require legal assurances for the continued
maintenance of private streets, such as a recorded maintenance agreement Private streets
serving more than six dwelling units are perm�tted only within planned developments, mobile
home parks, and multi-fam�ly residential developments
No private streets are proposed with this development Therefore this standard is not applicable
Block Designs - Section 18 810 040 A states that the length, width and shape of blocks shall be
desi�ned with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulat�on, control and safety of street traffic and
recognition of limitations and opportunities of topography
Block Sizes Section 18 810 040 B 1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 14 of 23
. Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or,
. For blocks ad�acent to arterial streets, limited access highways, ma�or collectors or
railroads
• For non-residential blocks in which internal public circulation provides equivalent access
This proposal is not creating any additional streets and therefore this standard is not applicable
Section 18 810 040 B 2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible Spacing between
connections shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code
The existmg development pattem precludes the practical application of this standard, as there is no
logical connection to make via a pedestrian connection
Lots - Size and Shape Section 18 810 060(A) prohibits lot depth from bein� more than 2 5 times
the average lot width, unless the parcel is less than 1 5 times the minimum lot size of the
applicable zoning district
Both parcels are less than 1 5 times the 7,500 square foot minimum lot size Therefore, this standard is
met
Lot Frontage Section 18 810 060(B) requires that lots have at least 25 feet of frontage on public
or pr�vate streets, other than an alley In the case of a land partition, 18 420 050 A 4 c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot w�de
recorded access easement In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet
Each of the proposed lots meets the 15-foot minimum frontage requirement onto either SW Katherine
Street, a public street, or the shared accessway Therefore, this standard is met
Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet C�ty design
standards and be located on both sides of arterial, collector and local resident�al streets
By entenng into the restnctive covenant for Katherine Street, this critenon wdl be met
Sanitary Sewers
Sewers Required Section 18 810 090 A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan
Over-sizin� Sect�on 18 810 090 C states that proposed sewer systems shall include
consideration of additional development within the area as pro�ected by the Comprehensive
Plan
There is an existing 8-inch sewer line in Katherine Street that has adequate capacity for this
development The plan shows that a new main line wdl be extended northerly from Kathenne Street
befinreen the three properties involved in the partitions to serve the new parcels This plan is acceptable
provided the three partition applicants work together and the utility improvements are installed under one
permrt
Storm Drainage
General Provisions Section 18 810 100 A states requires developers to make adequate
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 15 of 23
provisions for storm water and flood water runoff
Accommodation of U pstream Dramage Section 18 810 100 C states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or oufside the development The City Engineer shall approve the
necessary s�ze of the facility, based on the provisions of Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and
including any future revisions or amendments)
There are no upstream drainageways that affect this site
Effect on Downstream Drainage Section 18 810 100 D states that where it �s anticipated by the
City Engineer that the additional runoff resulting from the development will overload an existing
draina�e facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potent�al condition or until prov�s�ons have
been made for storage of add�tionai runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and SurFace Water Management (as adopted by
Clean Water Serv�ces in 2000 and including any future revisions or amendments)
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Management Plan Section V of that plan includes a recommendation that local
governments institute a stormwater detention/effective impenrious area reduction program resultmg m no
net increase in storm peak flows up to the 25-year event The City wdl require that all new developments
resulting in an increase of impervious surfaces provide onsite detention facilities, unless the
development is located ad�acent to Fanno Creek For those developments ad�acent to Fanno Creek, the
storm water runoff will be permitted to discharge without detention
The applicant's original application showed a plan for directmg the dramage from the three properties out
to the ditch in Katherme Street However, dunng the review period, it became apparent that the ditch
system m Katherme Street is not adequate to accommodate the flows from the three partition
developments The applicant's engmeer perFormed a thorough downstream analysis and concurred with
Staffs concern The engmeer is now proposing that a new public main line be mstalled in the street and
extended westerly to a point where it can be safely discharged mto a very defined ditch at the end of the
Katherine Street improvements From there, the ditch travels over City park land to Fanno Creek Staff
concurs with this solution and is comfortable that it wdl adequately accommodate the dramage from
these developments All existing rain drains that may discharge mto the ditch system in Kathenne
Street, where the new main will be installed, will be tied mto the new line The existing ditch and culvert
system wdl be removed and backfilled Existing dnveways wdl be restored once the culverts are
removed
One neighbor (Brooks Gaston) submitted a letter, dated March 14, 2003 Mr Gaston lives in the home
at 10272 SW Meadow Street, which backs up to a relatively vacant property (Webb property, 1 S1 35CC,
#600) befinreen his home and the applicant's proposed Parcel 6 (as shown on the plan) Mr Gaston's
property is approximately 230 feet to the west of Parcel 6 Mr Gaston indicates that the overland sheet
flows behmd his home have worsened over the years and causes his back yard to flood each winter
Mr Gaston was concerned about the original storm drainage plan shown by the applicant, as it may not
be deep enough to collect all of the water from Parcel 6 Mr Gaston is hoping that a storm drainage
solution could be developed that would alleviate his back yard flooding issue
The applicant's representative (Miles Schlesinger) met with a representative from the Webb parcel, Mr
Gaston and another neighbor south of Gaston along Meadow Street separately to discuss the potential
of one common storm line that would run westerly across the Webb parcel, then south along the east
boundaries of Gaston and the neighbor to the south to get to the ditch m Kathenne Street At this point,
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 16 of 23
the ditch in the street is more defined That solution was not agreed to by all parties, so the applicant
could not carry it forward
However, the current plan wdl ensure that the overland sheet flows expenenced by Mr Gaston will not
become worse If anything, they will improve because all of Parcel 6 will be able to be dramed toward
the new Ime This is due to the fact that a storm line will be installed, which wdl have a depth of
approximately three feet With the old plan, the applicant was attempting to tie into a ditch, which would
only have a few mches of depth The plan shows a common private storm line extending north from
Katherine Street along the west boundary of Tax Lot 3000 (Swopes, MLP 2002-00013) with laterals to
reach all new parcels Staff is confident that this new plan wdl adequately address the storm water
runoff from this development
Bikeways and Pedestrian Pathways
Bikeway Extension Section 18 810 110 A states that developments ad�oining Proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way
SW Katherine Street is not classified as a bike facdity
Cost of Construction Section 18 810 110 B states that development perm�ts issued for planned
unit developments, conditional use permits, subdivisions, and other developments wh�ch will
princ�pally benefit from such bikeways shall be conditioned to include the cost or construction
of bikeway improvements
Not applicable
Minimum Width Section 18 810 110 C states that the minimum width for bikeways within the
roadway �s five feet per bicycle travel lane Minimum width for two-way bikeways separated from
the road is eight feet
Not applicable
Utilities
Section 18 810 120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilit�es shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above round, temporary utility service facilities dunng
construction, high capacity electric lines opera�ing at 50,000 volts or above, and
• The developer shall make all necessary arrangements with the serving ut�lity to provide
the underground services,
• The City reserves the right to approve location of all surFace mounted facilities,
. All uncferground utilities, including sanitary sewers and storm drains �nstalled in streets
by the developer, shall be constructed prior to the surFacing of the streets, and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made
Exception to Under-Grounding Requirement Section 18 810 120 C states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underg round will serve the development and the
approval authority determines that the cost and technical difficulty of under-g rounding the
utilities outweighs the benefit of under-grounding in con�unction with the deve�opment The
determination shall be on a case-by-case basis The most common, but not the only, such
s�tuation is a short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground utilities facilities An
applicant for a development which �s served by util�t�es wh�ch are not underground and which
are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of
under-grounding
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 17 of 23
There are existing overhead utdity lines along the frontage of SW Katherine Street If the fee in-lieu is
proposed, it is equal to $ 27 50 per lineal foot of street frontage that contains the overhead lines The
frontage along this site is 75 Imeal feet, therefore the fee would be $ 2,063 00
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDS
Public Water System
This site is served from the City's water system The plan shows that three new meters wdl be set at the
private driveway entrance onto Tigard Street Three new water services will need to be run westerly to
reach the new parcels This work will require a plumbing permit from the City
Storm Water Qualit
The City has agree to enforce Surface Water Management (SWM) regulations established by
Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No 00-7) which require the construction of on-site water quality facilities The facilities
shall be designed to remove 65 percent of the phosphorus conta�ned in 100 percent of the storm
water runoff generated from newly created impervious surFaces In addition, a maintenance plan
shall be submitted ind�cating the frequency and method to be used in keeping the facility
maintained through the year
The CWS standards mclude a provision that would exclude small pro�ects such as residential land
partitions It would be impractical to require an on-site water quality facility to accommodate treatment of
the storm water from the new parcel Rather, the CWS standards provide that applicants should pay a
fee in-lieu of constructing a facdity if deemed appropriate Staff recommends payment of the fee in-lieu
on this application
Grading and Erosion Control
CWS Design and Construction Standards also regulate erosion control to reduce the amount of
sediment and other pollutants reaching the public storm and surface water system resulting
from development, construction, grading, excavating, clear�n�, and any other activity whicfi
accelerates erosion Per CWS regulations, the applicant is required to submit an erosion control
plan for City review and approvai prior to issuance of City permits
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES)
erosion control permit be issued for any development that wdl disturb five or more acres of land Since
this site is not over five acres, the developer wdl not be required to obtain an NPDES permit from the
City prior to construction
The site plan for the subsequent home wdl need to include a grading and erosion control plan that wdl be
reviewed and approved by the Buddmg Division
Site Permit Required
The applicant is required to obtain a Site Permit from the Budding Division to cover all on-site pnvate
utility installations (water, storm, etc ) and driveway construction This permit shall be obtamed prior to
approval of the final plat
Address Assi nments
The City o Tigard �s respons�ble for assigning addresses for parcels within the City of Tigard
and within the Urban Service Boundary (USB)
An addressmg fee in the amount of $30 00 per address shall be assessed This fee shall be paid to the
City prior to approval of the final plat For this pro�ect, the addressing fee wdl be $30 00 The developer
wdl also be required to provide signage at the entrance of shared driveway that lists the addresses that
are served by the dnveway This wdl assist emergency services personnel to more easdy find a
particular home
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 18 of 23
Survey Requirements
The applicant's final plat shall contam State Plane Coordinates [NAD 83 (91)] on finro monuments with a
tie to the City's global positionmg system (GPS) geodetic control network (GC 22) These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary Along with the coordmates, the plat shall contam the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north These coordinates can be
established by
• GPS tie nefinrorked to the City's GPS survey
• By random traverse using conventional surveying methods
In addition, the applicanYs as-budt drawings shall be tied to the GPS nefinrork The applicant's engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basms, water
valves, hydrants and other water system features) in the development, and their respective X and Y
State Plane Coordmates, referenced to NAD 83 (91)
SECTION VI OTHER STAFF COMMENTS
City of Tigard Police Department has reviewed the proposal and requested that the address for the
Parcels #'f and 2 be posted at the front of the driveway near the street in order to speed delivery of
emergency life/safety services
RESPONSE This wdl be required as a condition of approval
City of Tigard Forester has reviewed the proposal and offered the following comments
1 18 745 030, TREE PROTECTION DEVICES
E PROTECTION OF EXISTING VEGETATION Existing vegetation on a site shall be
protected as much as possible
1 The developer shall provide methods for the protection of existing vegetation to
remain during the construction process, and
2 The plants to be saved shall be noted on the landscape plans (e g , areas not to be
disturbed can be fenced, as in snow fencing which can be placed around the
individual trees)
1 1 All tree protection devices shall be located on the Tree Protection Plan Any tree that will
not be removed onsite that is within the limits of disturbance of this pro�ect must be
protected Any tree that is located on property ad�acent to the construction proJect that wdl
have more than 15% of its root system disturbed by construction actiwties shall also be
protected
1 2 Details and specifications are required as to how the trees wdl be protected on site
1 3 Provide a construction sequence including installation and removal of tree protection
devices, clearmg, grading, or installation of sediment and erosion control measures, and
other activities that may be required to implement the tree protection measures
1 4 Include in the notes on the final set of plans that equipment, vehicles, machmery, dumping
or storage, or other construction activities, burial, burnmg, or other disposal of construction
matenals must not be located inside of any tree protection device or outside of the limits of
disturbance where trees are being protected No grading, fillmg or any other construction
activity may occur within the tree protection devices at any time or outside of the limits of
disturbance where trees are being protected unless approved by the City Forester
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 19 of 23
1 5 All tree protection devices shall be
■ Visible
■ Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O D steel
posts Each post shall be no less than four feet high from the top of grade Each post
shall be driven into the ground to a depth of no less than finro and a half feet below
grade Each post shall be spaced no further apart than four feet
■ Between each post, securely attached to the cham-link fencing, shall be a sign
indicating that the area behind the fencing is protected and no construction activity,
including material storage, may occur behind the fencing
■ Approved in the field prior to cleanng, grading, or the beginning of construction
■ Remain m place and maintained untd all construction is completed and a final
inspection is conducted
1 6 To determme the size of the tree protection zone follow the guidelmes listed below
■ For individual trees follow the trunk diameter method For every one-inch of diameter
at breast height (DBH), or 4 '/Z feet above the ground, allow 12 inches of space from
the trunk of the tree For example, a tree that is 15" at DBH must have at least 12' of
tree protection zone around the entire canopy of the tree
■ For groups of trees the tree protection zone must be outside of the dripline of the trees
on the edge of the stand if there are conifers with narrow crowns on the edge of the
stand follow the trunk diameter method or the dripline method, whichever is greater
1 7 Identify, on the Tree Protection Plan, the location of the stockpile area and the stagmg
area (if different from the stockpde area)
1 8 All of this information must be included in the final plan's notes or drawmgs
1 9 If it is necessary to enter the tree protection zone at any time with equipment(trucks,
bulldozers, etc )the City Forester must be notified before any entry occurs Before
entering the protection zone a layer of at least five (5) inches of wood chips or mulch must
be placed over the root zone where the vehicles wdl be driven This method wdl minimize
the adverse impacts of compaction from the equipment When access to this area is no
longer needed the wood chips or mulch must then be dispersed (somewhere onsite is
okay) down to a level of not more than four (4) inches deep
1 10 Specific to this pro�ect
• All trees on the neighboring properties must receive the same protection guidelines
as the trees on the applicant's site
• If the tree protection guidelines outlined in the conditions of approval are not
followed, moved after being approved in the field, knocked down during
construction or are removed prior to the end of construction the pro�ect wdl be
o Immediately shut down untd the fencing is reinstalled according to the
conditions of approval
o Each impacted tree shall be bonded for seven years m the amount of
$5,000 00 per tree
o Corrective action wdl taken by the applicant to address the damage done to
the Critical Root Zones of each tree Corrective action may include, but not
limited to, loosenmg compacted sod, replacing graded soil or removing filled
soil
o A fine of$250 00 per day shall be assessed to the applicant for each day
that the fencing is down
• Tree #25 should be preserved at any cost and the sanitary line should be moved to
the eastern side of 10085 SW Katherine or the westem side of 10135 SW
Katherine
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 20 of 23
2 ILLEGAL TREE REMOVAL, 18 790 060 C 2
Payment of an additional civd penalty representing the estimated value of any unlawfully removed
or damaged tree, as determined using the most current Intemational Society of Arboriculture's
Guide for Plant Appraisal
3 TREE SPECIES SELECTION & PLANTING, 18 745 030
C INSTALLATION REQUIREMENTS The mstailation of all landscaping shall be as follows
1 All landscaping shall be installed according to accepted planting procedures
2 The plant matenal shall be of high grade, and shall meet the size and grading
standards of the Amencan Standards for Nurberg Stock (ANSI Z-60, 1-1986, and
any other future revisions), and
3 Landscaping shall be installed in accordance with the provisions of this title
G CONDITIONS OF APPROVAL OF EXISTING VEGETATION The review procedures and
standards for required landscaping and screening shall be specified in the conditions of
approval during development review and m no instance shall be less than that required for
conventional development
3 1 It is recommended that all tree planting follow the guidelines set forth by the International
Society of Arboriculture's tree planting guidelines as well as the standards set forth in the
American Institute of Architects' Architectural Graphic Standards, 10�' edition In the
Architectural Graphic Standards there are guidelines for selecting and planting trees based
on the sod volume and size at maturitv Additionally, there are directions for sod
amendments and modifications I recommend that these guidelines be followed and
adhered to at all times
3 2 In order to develop tree species diversity onsite it is recommended that the following
guidelines be followed
■ No more than 30% of any one famdy be planted onsite
■ No more than 20% of any one genus be planted onsite
■ No more than 10% of any one species be planted onsite
3 3 I recommend that all of this mformation be mcluded m the final plan's notes or drawings
City of Tigard Operations Department has reviewed the proposal and has no ob�ections to it
City of Tigard Public Works Department has reviewed the proposal and has no ob�ections to it
SECTION VII AGENCY COMMENTS
Clean Water Services comments have been discussed above under Public Facdity Concerns
Tualatin Valley Water District has reviewed the proposal and has no ob�ections to it
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments
�� FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS
Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the
budding as measured by an approved route around the exterior of the building An approved
tumaround is required if the remainmg distance to an approved mtersectmg roadway, as
measured along the fire apparatus access road, is greater than 150 feet (UFC Sec 902 2 1)
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 21 of 23
z> DEAD END ROADS Dead end fire apparatus access roads in excess of 150 feet m length shall
be provided with an approved turnaround Diagrams of approved tumarounds are avadable from
the fire distnct (UFC Sec 902 2 2 4)
3> FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER
PROTECTION When buddings are completely protected with an approved automatic fire
sprinkler system, the requirements for fire apparatus access may be modified as approved by the
Chief (UFC Sec 902 2 1 Exception 1)
a� FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE Fire apparatus
access roads shall have an unobstructed width of not less than 20 feet (15 feet for one or two
dwelling units and out buildmgs), and an unobstructed vertical clearance of not less than 13 feet 6
inches (UFC Sec 902 2 2 1) Where fire apparatus roadways are less than 28 feet wide, "NO
PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed
Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO
PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed
Where fire apparatus roadways are 32 feet wide or more, parking is not restricted (UFC Sec
90224)
s� SURFACE AND LOAD CAPACITIES Fire apparatus access roads shall be of an all-weather
surface that is easdy distinguishable from the surrounding area and is capable of supporting not
less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle
weight) You may need to provide documentation from a registered engineer that the design will
be capable of supporting such loading Documentation from a registered engineer that the
finished construction is in accordance with the approved plans or the requirements of the Fire
Code may be requested (Design critena on back) (UFC Sec 902 2 2)
s� TURNING RADIUS The inside tuming radius and outside turning radius shall be not less than
25 feet and 45 feet respectively, measured from the same center pomt (UFC Sec 902 2 2 3)
�� GRADE Pnvate fire apparatus access roadway grades shall not exceed an average grade of 10
percent with a maximum grade of 15 percent for lengths of no more than 200 feet Intersections
and tumarounds shall be level (maximum 5%)with the exception of crowning for water run-off
Public streets shall have a maximum grade of 15% (UFC Sec 902 2 2 6)
s� SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS Fire hydrants for single
famdy dwellings, duplexes and sub-divisions, shall be placed at each mtersection Intermediate
fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an
intersection as measured in an approved manner around the outside of the structure and along
approved fire apparatus access roadways Placement of additional fire hydrants shall be as
approved by the Chief (UFC Sec 903 4 2 2)
s� FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD Fire hydrants shall be located not
more than 15 feet from an approved fire apparatus access roadway (UFC Sec 903 4 2 4)
�o► REFLECTIVE HYDRANT MARKERS Fire hydrant_locations shall be identified by the mstallation
of reflective markers The markers shall be blue They shall be located ad�acent and to the side
of the centerline of the access road way that the fire hydrant is located on In case that there is
no center line, then assume a centerline, and place the reflectors accordingly (UFC Sec
901 4 3)
��� SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW The minimum avadable fire flow for
single famdy dwellings and duplexes shall be 1,000 gailons per minute If the structure(s) is(are)
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 22 of 23
3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix
Table A-III-A-1 (UFC Appendix III-A, Sec 5)
�2� ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION Approved fire
apparatus access roadways and fire fighting water supplies shall be installed and operational
prior to any other construction on the site or subdivision (UFC Sec 8704)
SECTION VIII PROCEDURE AND APPEAL INFORMATION
Notice Notice was maded to
X The applicant and owners
X Owner of record within the required distance
X Affected govemment agencies
F�nal Decision
THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES
EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED
�A e�al
TF�e Director's Decision is final on the date that it is mailed All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may
appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the IVotice of Decision was maded The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223
Unless the applicant is the appellant, the heanng on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal heanng, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body
THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON June 3, 2003
Questions
If you have any questions, please call the City of Tigard Plannmg Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639-4171
May 19, 2003
PREPAR BY Morgan racy DATE
Associate Planner
/� ���
'"� �°'��/G�-�`� Ma 19 2003
APPROVED BY Richard Bewer orff DATE
Planning Mana er
i\curpinUnorgan\workspaceUnlpUnlp2002 00014(krasausk)MIp2002 00014 deGSion draft u doc
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 23 of 23
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,, NO�ICESOF TYPE II�DECISION
A {�
, �' � MINOR LAND PARTITIONN�(ML'P,),2002-00014r � � ' ,
r � , � CITY OF TIOARD i
� ' K�SAUSK PART��T��N a Commuraty�DeveCapment
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120 DAYS (WITH EXTENSION) =8/3/2003
SECTION I APPLICATION SUMMARY
FILE NAME KRASAUSK PARTITION
CASE NO Minor Land Partition (MLP) MLP2002-00014
PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing
15,579 square foot lot into finro (2) parcels for detached single-family residences
An existing single-family dwelling is located on the sub�ect parcel and is proposed
to remain on Parcel #1 m compliance with all setback requirements
APPLICANT Mdes Schlesinger OWNER Paul Krasausk & Joe Macharg Jr
11455 SW Shrope Court 15833 SW Misty Court
Tigard, OR 97223 Beaverton, OR 97007
ZONING
DESIGNATION R-4 5, The R-4 5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot
size of 7,500 square feet Duplexes and attached single-family units are
permitted conditionally Some civic and institutional uses are also permitted
conditionally
LOCATION 10085 SW Katherine Street, WCTM 1 S135CC, Tax Lot 3100
PROPOSED PARCEL 1 7,500 Square Feet
PROPOSED PARCEL 2 7,500 Square Feet
FLAG LOT ACCESS AREA 556 Square Feet
APPLICABLE
REVIEW
CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures),
18 420 (Land Partitions), 18 510 (Residential Zoning Districts), 18 705 (Access
Egress and Circulation), 18 715 (Density Computations), 18 745 (Landscaping and
Screening), 18 765 (Off-Street parking and Loading Requirements), 18 790 (Tree
Removal), 18 795 (Visual Clearance Areas), and 18 810 (Street and Utility
Improvement Standards)
SECTION II DECISION
Notice is hereby given that the City �of� Tigard Community Development� Director's designee has
APPROVED the above request The findings and conclusions on which the decision is based are noted
in the full decision, avadable at CityrHall '
� r
' THIS APPROVAL SHALL BE V,ALID�FOR 18 MONTHS `
FROM THE EFFECTIVE�DATE OF`THIS DECISION
All documents and ap licable critena in the above-noted file are available for inspection at no cost or
copies can be obtaine�for fi�renty-fve cents (2��) Ner page, or the current r�te charged for cop�es at+he
time of the request
SECTION III PROCEDURE AND APPEAL INFORMATION
Notice
Not ci e mailed to
X The applicant and owners
—� Owner of record within the required distance
—� Affected government agencies
/
Final Decision �
THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES
EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED
Appeal
The Director's Decision is final on the date that it is mailed All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may
appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon 97223
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period Additional evidence concerning issues properiy raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body
THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON JUNE 3, 2003
Questions
For further information please contact the Planning Division Staff Planner, Margan Tracv at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223
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Ma la not to eale
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER
HOTICE OF PENDING LAND USE APPLICATION
MINOR LAND PARTITIOH CITYOFTIGARD
Communrty�DeveCopment
S(iaprngA BetterCommunity
DATE OF NOTICE March 21, 2003
FILE NUMBER MINOR LAND PARTITION (MLP) 2002-00014
FILE NAME KRASAUSK PARTITION
PROPOSAL A request for a Minor Land Partition to partition one (1) existing 15,579 square foot lot into
two (2) parcels for detached sing�e-famdy residences An existing single-famdy dwelling
exists on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all
setback requirements
ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district �s designed to
accommodate detached single-family homes with or without accessory residential un�ts 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,
18 420, 18 510, 18 705, 18 715, 18 745, 18 765 18 790, 18 795 and 18 810
LOCATION 10085 SW Kathenne Street WCTM 1 S135CC Tax Lot, 03100
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS
Pnor to the City making any decision on the Application, you are hereby provided a fourteen (14) day penod to
submit written comments on the application to the City THE FOURTEEN (14) DAY PERIOD ENDS AT
5 00=PM ON�APRIL��4,200 Ali comments should be directed to Morgan Tracy, Associate Planner in the Planning
Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223 You may reach the City of Tigard
by telephone at (503) 639-4171
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5 00 PM ON TNE DATE SPECIfIED
ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT COMMENTS
WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION A DECISION ON THIS ISSUE
IS TENTATIVELY SCHEDULED FOR i4PRIL�25;2003� IF YOU PROVIDE COMMENTS YOU WILL BE SENT A
COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN
THE FOLLOWING INFORMATION
. Address the specific "Applicable Review Criteria" described in the section above or any other critena
believed to be applicable to this proposal,
. Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to
provide a response,
. Comments that provide the basis for an appeal to the Tigard Heanngs Officer must address the relevant
approval cnteria with sufficient specificity on that issue
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or C�rcuit Court on that issue Spec�fic findings
directed at the relevant approval criteria are what constitute relevant evidence
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION THE
DIRECTOR�S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA BASED
UPON THE CR�TERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION
SUMMARY OF THE DECISION-MAKING PROCESS
. The application is accepted by the City
. Notice is sent to property owners of record withm 500 feet of the proposed development area allowing a 14-
day written comment period
. The application is reviewed by City Staff and affected agencies
. City Staff issues a written decision
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site, all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll, any City-recognized neighborhood group whose boundaries include the site, and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Commurnty Development
Department Copies of these items may be obtained at a cost of$ 25 per page or the current rate charged for this
service Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments "
YICINITY MAP
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MEMORANDUM
CITY OF TIGARD, OREGON
DATE May 8, 2003
TO Morgan Tracy, Associate Planner
FROM Brian Rager, Development Review Engineer �
RE MLP 2002-00014, Krasausk Partition
Access Management (Section 18 705 030 H�
Section 18 705 030 H 1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO
The location of the new pnvate driveway to serve this development and two other
proposed partitions adJacent to this site, should have adequate sight distance,
based upon its location along Tigard Street However, the applicant has not yet
submitted a report showing the sight distance is met Staff recommends the
applicant submit a preliminary sight distance certification from their engineer prior
to approval of the final plat Any improvements that may be needed in order to
ensure adequate sight distance shall be completed prior to approval of the final
plat as well
Section 18 705 030 H 2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection The minimum drrveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant's traffic engineer In a case where a
pro�ect has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the ad�acent parcel If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible
The�oint private dnveway location will not be in the influence area of a collector
or arterial street intersection
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 1
Section 18 705 030 H 3 and 4 states that the minimum spacing of drrveways
and streets along a collector shall be 200 feet The minimum spacing of
driveways and streets along an arterial shall be 600 feet The minimum
spacing of local streets along a local street shall be 125 feet
SW Tigard Street is classified as a neighborhood route, which most closely
relates to a local street The new private driveway will be over 400 feet away
from the Katherine Street intersection, and over 1,000 feet away from the
Tiedeman Street intersection Therefore, this critenon is met
Street And Utility Improvements Standards (Section 18 810�
Chapter 18 810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage The applicable standards are addressed below
�
Streets
Improvements
Section 18 810 030 A 1 states that streets within a development and streets
ad�acent shall be improved in accordance with the TDC standards
Sect�on 18 810 030 A 2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC
Minimum Rights-of-Way and Street Widths Section 18 810 030 E requires a
neighborhood route to have a 54-foot right-of-way width and a 32-foot paved
section Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees
This site lies ad�acent to SW Katherine Street, which is classified as a local
residential street on the City of Tigard Transportation Plan Map At present,
there is approximately 20 feet of ROW from centerline, according to the most
recent tax assessor's map The applicant should dedicate additional ROW on
the final plat to provide 27 feet from the centerline
SW Katherine Street is paved but not fully improved to City standards TMC
18 810 030(A)(1) states that streets within a development and streets ad�acent
shall be improved in accordance with City standards However, 18 810 030(A)(5)
states that the City may accept a future improvement guarantee in lieu of street
improvements if the improvement associated with the pro�ect does not, by itself,
provide a significant improvement to the street safety or capacity Although this
development will incrementally increase the amount of traffic on the roadway, the
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 2
increase will not substantially degrade the level of service on the street A street
improvement ad�acent to this site, therefore, will not significantly improve the
safety or capacity of the street In addition, 18 810 030(A)(5)(e) states that a
guarantee in lieu of street improvements is acceptable if the proposal is a land
partition on property zoned residential and the partition does not create any new
streets This partition will not create a new street Based on these code
provisions, Staff therefore recommends that the applicant be required to enter
into an agreement with the City whereby the owner agrees to participate in any
future widening pro�ect for the street carried out by the City, a third party, or
through a local improvement district This agreement must be executed prior to
approval of the final plat
This partition is being proposed in con�unction with two others (MLP 2002-00012
and MLP 2002-00013) The net result of all three partitions is three additional
building lots According to the applicant's plan, the three new parcels will each
share a common driveway that will access SW Tigard Street The applicant will
be required to show a�oint ingress/egress easement on the final plat to clarify
that the three properties have access rights The applicant will also be required
to execute a �oint maintenance agreement to clarify maintenance responsibilities
between the three parcels
Block Designs - Section 18 810 040 A states that the length, width and shape
of blocks shall be designed with due regard to providing adequate building
sites for the use contemplated, consideration of needs for convenient
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography
Block Sizes Section 18 810 040 B 1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except
• Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or,
• For blocks ad�acent to arterial streets, limited access highways, ma�or
collectors or railroads
• For non-residential blocks in which internal public circulation provides
equivalent access
PLANNING
Section 18 810 040 B 2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 3
PLANNING
Lots - Size and Shape Section 18 810 060(A) prohibits lot depth from being
more than 2 5 times the average lot width, unless the parcel is less than 1 5
times the minimum lot size of the applicable zoning district
PLANNING
Lot Frontage Section 18 810 060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley In the case of a land
partition, 18 420 050 A 4 c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet
PLANNING
Sidewalks Section 18 810 070 A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets Private streets and industrial streets
shall have sidewalks on at least one side
By entenng into the restrictive covenant for Katherine Street, this critenon will be
met
Sanitary Sewers
Sewers Required Section 18 810 090 A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan
Over-sizing Section 18 810 090 C states that proposed sewer systems
shall include consideration of additional development within the area as
pro�ected by the Comprehensive Plan
There is an existing 8-inch sewer line in Katherine Street that has adequate
capacity for this development The plan shows that a new main line will be
extended northerly from Katherine Street befinreen the three properties involved
in the partitions to serve the new parcels This plan is acceptable provided the
three partition applicants work together and the utility improvements are installed
under one permit
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 4
Storm Drainage
General Provisions Section 18 810 100 A states requires developers to
make adequate provisions for storm water and flood water runoff
Accommodation of Upstream Drainage Section 18 810 100 C states that a
culvert or other drainage fac�lity shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments)
There are no upstream drainageways that affect this site
Effect on Downstream Drainage Section 18 810 100 D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 2000 and including any future revisions or amendments)
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek
and adopted the Fanno Creek Watershed Management Plan Section V of that
plan includes a recommendation that local governments institute a stormwater
detention/effective impervious area reduction program resulting in no net
increase in storm peak flows up to the 25-year event The City will require that
all new developments resulting in an increase of impervious surfaces provide
onsite detention facilities, unless the development is located ad�acent to Fanno
Creek For those developments ad�acent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention
The applicant's original application showed a plan for directing the drainage from
the three properties out to the ditch in Kathenne Street However, dunng the
review period, it became apparent that the ditch system in Kathenne Street is not
adequate to accommodate the flows from the three partition developments The
applicant's engineer performed a thorough downstream analysis and concurred
with Staff's concern The engineer is now proposing that a new public main line
be installed in the street and extended westeriy to a point where it can be safely
discharged into a very defined ditch at the end of the Katherine Street
improvements From there, the ditch travels over City park land to Fanno Creek
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 5
Staff concurs with this solution and is comfortable that it will adequately
accommodate the drainage from these developments All existing rain drains
that may discharge into the ditch system in Kathenne Street, where the new main
will be installed, will be tied into the new line The existing ditch and culvert
system will be removed and backfilled Existing dnveways will be restored once
the culverts are removed
One neighbor (Brooks Gaston) submitted a letter, dated March 14, 2003 Mr
Gaston lives in the home at 10272 SW Meadow Street, which backs up to a
relatively vacant property (Webb property, 1 S1 35CC, #600) between his home
and the applicant's proposed Parcel 6 (as shown on the plan) Mr Gaston's
property is approximately 230 feet to the west of Parcel 6 Mr Gaston indicates
that the overland sheet flows behind his home have worsened over the years and
causes his back yard to flood each winter Mr Gaston was concerned about the
original storm drainage plan shown by the applicant, as it may not be deep
enough to collect all of the water from Parcel 6 Mr Gaston is hoping that a
storm drainage solution could be developed that would alleviate his back yard
flooding issue
The applicant's representative (Miles Schlesinger) met with a representative from
the Webb parcel, Mr Gaston and another neighbor south of Gaston along
Meadow Street separately to discuss the potential of one common storm line that
would run westerly across the Webb parcel, then south along the east
boundaries of Gaston and the neighbor to the south to get to the ditch in
Katherine Street At this point, the ditch in the street is more defined That
solution was not agreed to by all parties, so the applicant could not carry it
forward
However, the current plan will ensure that the overland sheet flows experienced
by Mr Gaston will not become worse If anything, they will improve because all
of Parcel 6 will be able to be drained toward the new line This is due to the fact
that a storm line will be installed, which will have a depth of approximately three
feet With the old plan, the applicant was attempting to tie into a ditch, which
would only have a few inches of depth The plan shows a common private storm
line extending north from Katherine Street along the west boundary of Tax Lot
3000 (Swopes, MLP 2002-00013) with laterals to reach all new parcels Staff is
confident that this new plan will adequately address the storm water runoff from
this development
Bikeways and Pedestrian Pathways
Bikeway Extension Section 18 810 110 A states that developments
ad�oining proposed bikeways identified on the C�ty's adopted
pedestrian/bikeway plan shall include provisions for the future extension of
such bikeways through the dedication of easements or right-of-way
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 6
SW Kathenne Street is not classified as a bike facility
Utilities
Section 18 810 120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services,
• The City reserves the right to approve location of all surface mounted
facilities,
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets, and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made
Exception to Under-Grounding Requirement Section 18 810 120 C states
that a developer shall pay a fee in-I�eu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
grounding the utilities outweighs the benefit of under-grounding in
con�unction with the development The determination shall be on a case-
by-case basis The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
ut�lities facilities An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant's property shall pay a fee in-lieu of under-
grounding
There are existing overhead utility lines along the frontage of SW Katherine
Street If the fee in-lieu is proposed, it is equal to $ 27 50 per lineal foot of street
frontage that contains the overhead lines The frontage along this site is 75 lineal
feet, therefore the fee would be $ 2,063 00
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 7
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS
Public Water Svstem
This site is served from the City's water system The plan shows that three new
meters will be set at the private driveway entrance onto Tigard Street Three
new water services will need to be run westerly to reach the new parcels This
work will require a plumbing permit from the City
Storm Water Qualitv
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No 00-7) which
require the construction of on-site water quality facilities The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
surfaces In addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year
The CWS standards include a provision that would exclude small pro�ects such
as residential land partitions It would be impractical to require an on-site water
quality facility to accommodate treatment of the storm water from the new parcel
Rather, the CWS standards provide that applicants should pay a fee in-lieu of
constructing a facility if deemed appropnate Staff recommends payment of the
fee in-lieu on this application
Site Permit Required
The applicant is required to obtain a Site Permit from the Building Division to
cover all on-site pnvate utility installations (water, storm, etc ) and driveway
construction This permit shall be obtained prior to approval of the final plat
Address Assignments
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard and within the Urban Service Boundary (USB) An addressing fee
in the amount of$ 30 00 per address shall be assessed This fee shall be paid to
the City prior to approval of the final plat
For this pro�ect, the addressing fee will be $30 00
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 8
The developer will also be required to provide signage at the entrance of shared
driveway that lists the addresses that are served by the driveway This will assist
emergency services personnel to more easily find a particular home
Survey Requirements
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on
two monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22) These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to gnd north These coordinates
can be established by
• GPS tie networked to the City's GPS survey
• By random traverse using conventional surveying methods
In addition, the applicant's as-built drawings shall be tied to the GPS network
The applicant's engineer shall provide the City with an electronic file with points
for each structure (manholes, catch basins, water valves, hydrants and other
water system features) in the development, and their respective X and Y State
Plane Coordinates, referenced to NAD 83 (91)
Recommendations
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT
Submit to the Engineering Department (Br�an Rager, 639-4171, ext 318) for
review and approval
A Public Facility Improvement (PFI) permit is required for this pro�ect to
cover the public sewer line work, the new storm line in Katherine Street and
any other work in the public nght-of-way Six (6) sets of detailed public
improvement plans shall be submitted for review to the Engineenng
Department NOTE these plans are in addition to any drawings required by
the Building Division and should only mclude sheets relevant to public
improvements Public Facility Improvement (PFI) permit plans shall conform
to City of Tigard Public Improvement Design Standards, which are available
at City Hall and the City's web page (www ci tigard or us)
The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 9
designated as the "Permittee", and who will provide the financial assurance
for the public improvements For example, specify if the entity is a
corporation, limited partnership, LLC, etc Also specify the state withm which
the entity is incorporated and provide the name of the corporate contact
person Failure to provide accurate information to the Engineering
Department will delay processing of pro�ect documents
Prior to approval of the final plat, the applicant shall obtain a Site Permit from
the Building Department to cover all grading for the lot(s), all on-site private
utility installation (water, storm, etc ) and all driveway construction NOTE
this permit is separate from a Public Facility Improvement permit issued by
the Engineering Department for work in the public right-of-way
Prior to approval of the final plat, the applicant shall pay an addressing fee in
the amount of$30 00 (STAFF CONTACT Shirtey Treat, Engineering)
The final plat shall show a ROW dedication along Katherine Street to
provide 27 feet from the centerline
The applicant shall execute a Restnctive Covenant whereby they agree to
complete or participate in the future improvements of SW Katherine Street
ad�acent to the sub�ect property, when any of the following e�[ents occur
A when the improvements are part of a larger pro�ect to be financed or
paid for by the formation of a Local Improvement Distnct,
B when the improvements are part of a larger pro�ect to be financed or
paid for in whole or in part by the City or other public agency,
C when the improvements are part of a larger pro�ect to be constructed
by a third party and involves the sharing of design and/or construction
expenses by the third party owner(s) of property in addition to the
sub�ect property, or
D when construction of the improvements is deemed to be appropriate
by the City Engineer in con�unction with construction of improvements
by others ad�acent to the sub�ect site
The final plat shall show a �oint ingress/egress easement to be shared
befinreen the three properties involved in the three partitions (MLP 2002-
00012, 2002-00013 and 2002-00014)
The applicant shall provide signage at the entrance of the�oint driveway
that lists the addresses that are served by the driveway
The applicant shall either place the existing overhead utility lines along SW
Kathenne Street underground as a part of this proJect, or they shall pay the
fee in-lieu of undergrounding The fee shall be calculated by the frontage of
the site that is parallel to the utility lines and will be $ 27 50 per lineal foot If
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 10
the fee option is chosen, the amount will be $ 2,063 00 and it shall be paid
prior to approval of the final plat
The applicant's final plat shali contain State Plane Coordinates on two
monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22) These monuments shall be on the same line and
shall be of the same precision as required for the subdivision plat boundary
Along with the coordinates, the plat shall contain the scale factor to convert
ground measurements to gnd measurements and the angle from north to
grid north These coordinates can be established by
� GPS tie networked to the City's GPS survey
• By random traverse using conventional surveying methods
Final Plat Application Submission Requirements
A Submit for City review four (4) paper copies of the final plat prepared
by a land surveyor licensed to practice in Oregon, and necessary data or
narrative
B Attach a check in the amount of the current final plat review fee
(Contact Planning/Engineering Permit Technicians at (503) 639-4171, ext
426)
C The final 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
D The right-of-way dedication for Katherine Street shall be made on the
final plat
E NOTE Washington County will not begin their review of the final plat
until they receive notice from the Engineering Department indicating that the
City has reviewed the final plat and submitted comments to the applicant's
surveyor
F After the City and County have reviewed the final plat, submit two
mylar copies of the final plat for City Engineer signature (for partitions), or
City Engineer and Community Development Director signatures (for
subdivisions)
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 11
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS
Submit to the Engineering Department (Brian Rager, 639-4171, ext 318) for
review and approval
Prior to issuance of building permits, the applicant shall provide the
Engineering Department with a "photomylar" copy of the recorded final plat
Prior to issuance of the building permits, the public sewer line work for the
three partitions shall be completed and accepted by the City
Prior to issuance of building permits, the applicant shall provide the City with
as-built drawings of the public improvements as follows 1) 3 mil mylar, 2) a
diskette of the as-buiits in "DWG" format, if availabie, otherwise "DXF" will be
acceptable, and 3) the as-built drawings shall be tied to the City's GPS
network The applicant's engineer shall provide the City with an electronic
file with points for each structure (manholes, catch basins, water valves,
hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91)
Prior to issuance of the building permit for the new parcel, the applicant shall
pay the standard water quality and water quantity fees per lot (fee amounts
will be the latest approved by CWS)
i\eng\brianr\land use commentslmip\mIp2002 00013 doc
ENGINEERING COMMENTS MLP 2002-00014 Krasausk Partition PAGE 12
�
� i
. �
REQUEST FOR COMMENTS CITYOFTIGARD
Commuraty�DeveCopment
S(zapmgA�etter Commumty
DATE March 21,2003
TO Dennis Koellermeier,Operauons Manager/Water Deparrnnnent
REC�IVED PLANNING
FROM CitY of�i9ard Plannin9 Diuision
STAFF CONTACT Mor9an TracY,Associate Planner[x24281 MAR 2 8 2003
Phone [5031639-4111/Fax [5031684-1297 CITY OF TIGARD
MINOR LAND PARTITION[MLPD 2002-00014
➢ KRASAUSH PARTITIOH Q
REQUEST A request for a Minor Land Partition to partition one (1) existing 15,579 square foot lot into
finro (2) parcels for detached single-family residences An existing single-family dwelling exists on the
sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements
LOCATION 10085 SW Katherine Street WCTM 1S135CC Tax Lot, 03100 ZONE R-4 5 Low-Density
Residential District The R-4 5 zoning district is designed to accommodate detached single-family
homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes
and attached single-family units are permitted conditionally Some civic and institutional uses are also
permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters
18 390, 18 420, 18 510, 18 705, 18 715, 18 745, 18 765, 18 790, 18 795 and 18 810
Attached are the Site Plan, Vicinity Map and ApplicanYs Information 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 BACK BY APRIL 4 2003' You may use the space provided
below or attach a separate letter to return your comments If you are unable to respond by the above date, please
phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If
you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd , Tigard, OR 97223
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY
_ We have reviewed the proposal and have no ob�ections to it
Please contact of our office
Please refer to the enclosed letter
_ Written comments provided below
IName 8� Number of Person Commenting I
\
i 1 A � �
REQUEST FOR COMMENTS CITYOFTIGARD
Commumty�DeveCopment
ShapmgA Better Communzty
DATE March 21,2003
TO PER ATTACHED
FROM City of f9ard Planning Diu�sion
STAFF CONTACT Morgan TracY,Associate Planner�x24281
Phone [5031639-4111/Fax [5031684-7291
MINOR LAND PARTITION[MLPI 2002-00014
➢ KRASAUSK PARTITION Q
REQUEST A request for a Minor Land Partition to partition one (1) existing 15,579 square foot lot into
two (2) parcels for detached single-family residences An existing single-famdy dwelling exists on the
sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements
LOCATION 10085 SW Kathenne Street WCTM 1S135CC Tax Lot, 03100 ZONE R-4 5 Low-Density
Residential District The R-4 5 zoning district is designed to accommodate detached single-family
homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes
and attached single-family units are permitted conditionally Some civic and institutional uses are also
permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters
18 390, 18 420, 18 510, 18 705, 18 715, 18 745, 18 765, 18 790, 18 795 and 18 810
Attached are the Site Plan, Vicinity Map and Applicant's Information 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 COMMEIVTS BACK BY APRIL 4, 20034 You may use the space provided
below or attach a separate letter to return your comments If you are unable to respond by the above date, please
phone the staff contact noted above with your comments and confirm your comments in wnting as soon as possible If
you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd , Tigard, OR 97223
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY
_ We have reviewed the proposal and have no ob�ections to it
Please contact of our office
Please refer to the enclosed letter
_ Written comments provided below
I Name�Number of Person Commenting I
l
, w CITY �, TIGARD REQUEST FOR C0�' _NTS
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CITY ADMINISTRATION/Cathy Wheatley Cily Recorder PUBLIC WORKS/John Roy Property Manager UBLIC WORKS/Matt Shne Urban Forester
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Planning Manager Fre Marshall Administratrve Office Lee Walker/SWM Program
75707 SW Walker Road Washington County Fire Distnct PO Box 745 755 N Fusl Avenue
Beaverton OR 97006 (place in pick up box) Beaverton OR 97075 Hdlsboro OR 97124
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_ Planning Manager Planning Manager 2501 SW First Avenue Jenrnfer Goodndge
_ Insh Bunnell Develapmenl Services 18880 SW MaRina�Avenue PO Box 59 775 Summer Street NE
PO Box 4755 Tualatin OR 97062 PoRland OR 97207 Salem OR 97301 1279
Beaverton OR 97076
_ OR PUB UTILITIES COMM
METRO LAND USE 8 PLANNING � OR DEPT OF GEO 8 MINERAL IND 550 Capitol SVeet NE
_ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street Swte 5 Salem OR 97310 1380
City Manager PoRland.OR 97232 2736 PorUand OR 97232
PO BOx 23483 BOb K�l�ght DataResourceCerrter(ZCA) US ARMY CORPS OF ENG
Durham OR 97281 3483 Paulette Allen Grow�h Manapement Cooidinatar OR DEPT OF LAND CONSERV&DVLP Kathryn Harns
_ Mel Hwe GreenSpacesCooidinaWr(CPA20A) La�ry F�ef1Ch lcomp r�annme�memson�y) Routmg CENWP OP G
CITY OF KING CITY� Jennifer Budhabhatti ReponalPlanne�(WeUands) 635 Capitol Street NE Swte 150 PO Box 2946
City Manager _ C D Manager Giowth ManapemeM Services Salem OR 97301 2540 Portiand OR 97208 2946
15300 SW 116th Avenue
King City OR 97224 WASHINGTON COUNTY �
OR DEPT OF ENERGY�POwenines in nrea� _OR DEPT OF AVIATION�MonoPO�e Towe�sl Dept of Land Use&Transp
Bonnevdle Power AdmirnstraGon Tom Highland a�aM�� 155 N First Avenue
_CITY OF LAKE OSWEGO� Routing TTRC—Attn Renae Ferrera 3040 25th Street SE Sude 350 MS 13
Planning Director PO Box 3621 Salem OR 97310 Hdlsboro.OR 97124
PO Box 369 Portland OR 97208 3621 _Brent Curtis ccPn�
Lake Oswego OR 97034 Gregg Leion�can�
_ OR DEPT OF ENVIRON QUALITY(DEQ) ODOT REGION 1 # Anne LaMountain pc.vuRe�
CIIY�F P�RTLAND (NOUfy(or Wetlantls and Poterit�al Environmeinal Impact5) _M8�8I1 D8n1eISOf1 DeveloOmeM Review CooNinator Phd Healy ncwuae�
David Knowles Wannmp Bureau Dir Reg�onal Administrator Carl Toland Right-of Way Section Na�b�� S�@V8 COf1W3y(General Apps)
Portland Bwiding 106 Rm 1002 2020 SW Fourth Avenue Swte 400 123 NW Flanders Sr Cartographer�cPazcA�MS�<
1120 SW Fifth Avenue PoRland OR 97201-4987 Portland OR 97209-4037 Jim Nims�zcn�MS,s
Portland OR 97204 _Dona Mate�a tzcn�MS,s
ODOT REGION 1 DISTRICT 2A�
WA CO CONSOLIDATED COMMUNIC AGENCY(WCCCA) `971�(MOnopole ToweB) Jane Estes Pe�m�Speaalist
Dave Austin 5440 SW Westgate Dnve Swte 350
PO Box 6375 Portland OR 97221 2414
Beaverton OR 97007 0375
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Robert I Melbo President&General Manager
110 W 10th Avenue
Albany OR 97321 �
SOUTHERN PACIFIC TRANS CO R/R METRO AREA COMMUNICATIONS V ATBT CABLE _TRI MET TRANSIT DVLPMT
Clifford C Cabe Construction Engineer Debra Palmer�n��xa�o�o��r� Pat McGann (If P,otec7 s WM n/M le o!A Transit Route)
5424 SE McLoughlin Boulevard Twnn Oaks Technology Center 14200 SW Bngadoon Court Ben Bald�nnn Pro�ect Planner
Portland OR 97232 1815 NW 169th Place S-6020 Beaverton OR 97005 710 NE Holladay Street
��eaverton OR 97006-4886 Portland OR 97232
�PORTLAND GENERAL ELECTRIC Y NW NATURAL GAS COMPANY VERIZON �QWEST COMMUNICATIONS
Ken Gutierrez Svc Design Consultant Scott Palmer Engineenng Coord Ken Perdue Engineenng Jen Cella Engineenng
9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hdl Rd Rm 110
Wdsonv�lle OR 97070 Portland OR 97209 3991 Beaverton OR 97075 1100 Portland OR 97219
TIGARDlTUALATIN SCHOOL DIST #23J BEAVERTON SCHOOL DIST #48 ATB�T CABLE w,,•eawivr+�9ew�
Marsha Butler Admmistrative OKces Jan Youngqwst Demographics&Planning Dept Diana Carpenter
6960 SW Sandburg Street 16550 SW Merlo Road 3500 SW Bond SVeet
Tigard OR 97223 8039 Beaverton OR 97006 5152 Portland OR 97232
� INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITN INTERGOVERNMENTAL AGREEMENT IF WITHIN 500 OF THE SUBJECT PROPERTY FOR ANT/ALL
CITY PROJECTS(Pro�ect Planner Is Responsible For Indicatmg Parties To Notdy) h�patty�masters\Requesl For Camments Notificauon List 2 doc (Rewsed �r�ios�
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10175 SW Katherine
Tigard, Oregon 97223
March 24, 2003
`�sV
Planning Division, City of Tigard ��
13125 SW Hall Boulevard �?.,'n�
�: ,._
Tigard, Oregon 97223 �rv'` `'r � ' `--� �,UAR
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Dear Morgan Tracy '`-�
We are Dewey& Margaret Hamilton and we live at 10175 SW Katherine St. Tigard,
Oregon. This is a response to your letter notifying us of the development plans on lots
abutting or near our property. Our property abuts the 10120 SW Tigard St. property
[ SCHLESINGER PARTITION] on its Southwest corner and is separated from the 10135
SW Katherine St. property [SWOPES PARTITtON] by one lot to the East. The property
at 10085 SW Katherine [[KRASAUSK PARTITION] is two lots to the East of our
property.
We have lived on our property for the last 40 years and we have concerns about the
placement of homes on the rear of each of these properties, particularly the Tigard st.
property.
When we moved into this home in June of 1963 we had a septic tank sewer system.
Over the next few years we had constant problems with this system during the wet months
of the winter. Back flow of groundwater through the drain field overwhelmed the septic tank.
Our problem became so acute that in 1970, during a sewer connection moratorium, we
had the Washington County Health Department condemn our system so we could be
connected to the newly installed sewer line on Karol Ct. Fiaw sewage from our septic
system was surfacing in standing water at the rear of our lot. We know the former owner of
the Tigard St. property had similar problems until she recently sold the property to the
present owner. That house is now vacant.
Surface runoff during the winter is a problem for most of the homes along Tigard and
Katherine streets and that is why we are concerned about the addition of three new houses
on these properties. Many present homes must have sump pumps to keep water from
pooling in their crawl spaces in the winter. Mowing lawns in the winter months is limited
because the water table is so high that the weight of a lawnmower cause the wheels to sink
into the soil until the deck of the mower is touching the ground. During periods of heavy rain
we have also experienced sheet runoff two to three inches deep from East to West across
the rear half of our property. We believe this runoff will be a serious problem for the
�
proposed new houses especially the one at the rear of the Tigard St. property.
We assume any development on these properties will not be allowed to add additional fill
to those lots to alleviate known winter surface water problems. Any addition of fill to theSe
lots will most certainly force addi�onal winter runoff on to surrounding properties such as
ours.
An additional problem we can foresee is the length of sewer line needed to reach the rear
of the Tigard St. property. The only available sewer connection is through either of the
Katherine St. properties. We are not certain of the depth of the sewer line in front of the
Katherine properties but we know it is not deeply buried. Given the minimum rate of fall
required for a sewer line we question if there is enough fall to adequately serve this
proposed dwelling. If there is not enough fall will a sewage pumping setup be required? If
there is enough minimum fall to reach this dwelting will a long sewer line of minimum fall be
an invitation for future trouble?
We believe we have lived here long enough to know very well what kind for water and soil
conditions exist on and near these properties. We question the wisdom of placing homes
on these properties especially the Tigard St. property. We also have concerns about any
alteration of these properties that will change existing groundwater flow patterns.
We hope your office will consider our observations and opinions as valid and will apply
them in your decision making process granting development permission on these
properties. If you need to reach us by phone about any further ir�formation you may
contact us at[503] 639-6332.
R spectfully '�
'�, � `,_'�c ` ,� F�Lo,
/ W �.�.
�
Dewey R. Hamilton �
� � .� _�C��-��Z � � �.'-. . ���/1���.'-�`�"V
Margaret C. Hamilton
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March 31, 2003
W l� lb3
10270 S W Meadow St
Tigard
OR 97223
Mr Morgan Tracey
Associate Planner
City of Tigard
13125 S W Hall Blvd
Tigard, OR 97223
Dear Mr Tracey
I'm wnting to you concerrung a proposed six-lot minor land partition in the azea of the
intersechon of Tigard Street and Kathenne Street I'm very concerned about the drainage
repercussions that my neighbours and I may face if tlus land partihon and the subsequent
development proceeds
I believe that if the land to our east is developed without senous consideration of run-of,
my yard and home as well as my neighbours' yards and homes, could be damaged and
devalued by water damage
We ask that you work with Mile Schlesmger—who plans the six-lot subdivision—to
make an mvestment in water-diverting systems to dram water away If we can work
together,perhaps we can come up with a win-wui situation
Please look mto tlus situation as soon as possible, and work with us as we try to find a
solution that meets the needs of the crty, the citizens and new development Feel free to
call me or my husband,Denms O'Doherty, at 503-624-7067
Thank you
Kmd regards, �
�-,t��
Gererdene Gibbons
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Brooks and Knstin Gaston
10272 SW Meadow Street
Tigard, OR 97223
March 31, 2003
Morgan Tracy
Associate Planner
Crty of Tigard
13125 SW Hall Blvd
T�gard, OR 97223
Mr Tracy,
I'm writing to you concernmg a proposed six-lot rrvnor land partitions, 2002-00012,
2002-00013, 2002-00014, in the area of the mtersection of Tigard Street and Katherine
StreP+ I'm ���ry con�Prned about the dra�^aa� repercussions that �ny neiahbcrs ard I ma}�
face if ttus land partition and the subsequent development proceeds
Since I moved into my home, I've mvested approximately $5,000 dollars m dratnage to
keep water out from under my home, and to help water flow from my backyard onto
Meadow Street If you were to look over my back fence -- toward the east -- you would
be able to see that Kathenne Street's properties and the deep lots ad�acent to Tigard
Street are graded to dram onto my property and my neighbor's property My neighbors,
especially those on the north side of Meadow, have also mvested heavily to repair damage
from water, and to install dramage systems
� -
I believe that if the land to our east is developed without senous consideration of run-off,
my yard and home -- which is about 75% m the flood plane-- as well as my ne�ghbors'
yards and homes, could be damaged and devalued by water damage
I've recently met with Mr Schlesinger, the developer of the partition He expressed
tnteresting m meeting our needs by adding a swale on the western end of lus property and
draimng storm water south to Kathenne Street He and I both agree, however, that if this
solution is pursued, the ditch along Kathenne Street may have to be improved I also
reques� that t�ie city of Tigard i equire sto�m water clramage system on ihe access ruad that
will extend south from Tigard Street to the new development
Please work w�th us as we try to find a solution that meets the needs of the city, the
c�tizens, and new development Feel free to call me at 503-968-6011
�han�k�your K I���-���1�/l�t--
'-�fi
Brooks and Kristm Gaston
�
BETTY J. NELSON
10275 SW Meadow St Email b�nelson@hevanet com
Tigard,OR 97223-5212
503-639-0573
RECEIVED PLANNING
Apri13, 2003 qPR 0 7 2003
Mr Morgan Tracy CITY OF TIGARD
Associate Planner, Planrung Division
13125 SW Hall Blvd
Tigard, OR 97223
Dear Mr Tracy
I am submittmg this written comment in regards to the request for a Mmor Land Partition
at the following locations 10120 SW Tigard St WCTM 1 S 135CC, Tax Lot 3400—
File Name Schlesinger Partition
10135 SW Kathenne St WCTM 1S135CC, Tax lot 3000—
File Name Swopes Partition
10085 SW Katherine St WCTM 1S135CC, Tax lot 03100-
File Name Krasausk Partrtion
My concern has to do with storm/rain/water drainage My property is located at the end
of Meadow St on the cul-de-sac and it, along v�nth the properties on either side, the
Gaston's at 10272 SW Meadow and the Slagle's at 10305 SW Meadow, are mundated
with water run-off each year and we each have mvested considerable time and funds into
drainage systems to protect our property and prevent water standmg under our homes
According to maps in your office this area is a flood plam and water flows through our
property on its way to Fanno Creek The fields surrounding the back of our properties
are graded in our direction so that water from those fields dram directly onto our
properties, therefore, any further development that might add to our drainage problem is
of great concern to us the amount of water already running through here is phenomenal
as can be seen by the stream of water continually flovv�ng down Meadow St to the storm
drams wluch are located at the opposite end of the street
What assurances can you give us� What requirements can you place on the developers
to eliminate any further impact on our properties� We need assurances from the City that
the developers will be required to provide adequate dramage away from our properties so
as to not further impact us who live downstream
Thank you for your careful consideration of our concerns I look forward to heanng from
you as to proposed solutions to this problem
Sincer
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Morgan Tracy
Associate Planner
13125 SW Hall Blvd '
Tigard OR, 97223
�
Steve Valdez '
10360 SW Meadow st
Tigard, OR 97223
Apnl 1, 2003
I am a resident of SW_Meadow Street My house backs up to the pazk area off of
Kathenne Street My concern of the mmor 1`and partition 2002-00012, 2002-00013, and �
2002-00014 is that the'increase of water flow m the ditch that runs parallel down �
F
Kathenne Street, belurid the houses of Meadow Street and empties mto Fanno Creek '
� would mcrease sigruficantly if these lots were developed I would be afraid that the way
the ditch is now it would not sufficiently let tlie water flow easily mto the creek wrthout �
gettmg backed up, because the drtch is not maintamed
,
Please consider that if water is going to be diverted to the ditch along Kathenne Street it
may easily get backed up and flood the yazds and or houses on the south side of Meadow
Street Thank you for takmg the time to read my letter and takmg rt mto consideration
,
Steve Valdez
V C.t�
�
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
'vlarch 14, 2003
Bnan D Rager, P E p � � � � � �
Development Review E-�g�neer �1 �
J
C�ty of Tigard MAR 2 ' 2003 T
13125 SW Hall Blvd
Tigard, OR 97223 f,� i �' 4F TIGAR�
Mr Rager,
I'm wnting to you concerrung a proposed six-lot rrunor land partition in the area of the
�ntersect�on of Tigard Street and Kathenne Street I'm very concerned about the dra�nage
repercussions that my nei�hbors and I may face if ttus land partition and the subsequent
development proceeds
Since I moved into my home, I've invested approximately $5,000 dollars in drainage to
keep water out from under my home, and to help water flow from my backyard onto
Meadow Street If you were to look over my back fence -- toward the east -- you would
be able to see that Kathenne Street's properties and the deep lots ad�acent to Tigard
Street are graded to drain onto my property and my neighbor's property My neighbors,
especially those on tlie north side of Meadow have also �nvested heavily to repair damage
from water, and to install drainage systems
I believe that �f the land to our east is developed without ser�ous consideration of run-off,
my yard and home -- wlvch is about 75% in the flood plane -- as well as my neighbors'
yards and homes, could be damaged and devalued by water damage
We ask that you work with 1VLles Schlesinger -- who plans the six-lot subdivision -- to
make an mvestment in water-diverting systems to drain water away If we can work
together, perhaps we can come up with a win-win situation
I've recently met w��h�ir Schlesinger ile expressed �nteresting in meeting our needs by
adding a swale to the western end of his property and draining storm water out to
Katherine Street He and I both agree, however, that tf this solution is pursued, the ditch
along Kather�ne Street may have to be improved
Please look mto this s�tuat�on as soon as possible, and work with us as we try to find a
solution that meets the needs of the c�ty, the c�t�zens, and new development Feel free to
call me at 503-968-601 1
Thank you,
'L, �'�-
Brooks Gaston
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Thi� creen is sl�wlv er�ding the sin�le-familv residential character nfi the�e
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ne estaniisr�eci an i�atneri►�e we wiii soon see more'�usinesses trying to est.ai�iisn
them�eive� in and arrnind these nei�hhnrh��d� in similar fashi�n.
) wrnilci ask the a�iesti�n� l� thi� in the interest �f these nei�hh�rh��ds`? And m�re
+l,.,Y. rl.�r ;t :., tl,.. :..�„�.,.,+ ,��+1.,. C`:r.. ..�'T:....r.7� 1 �.,., «.., L':r..+ �.. +1,,, .-....�,..,�
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i've aireaay stateat and secona for tne investment we iiave aii made. why wouid tne
f'itv want t� er�de the�e nei�hh�rh�c�ci.� with h�L�iness interests when the C'itv g�v-
.�w�rr�c�.-.� �.s1. �.�+�� n i.� � r.a.i�-�i.� ���. i.� • �. 41..�n.� v.i+.R{���r�i...�n • s�tl+ �.n
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ger ana uetter parKS, niKe and waiKing patns, nature ennancement aiong �ranno i..reeic
and imnmved nlavQmzin�.� f�r the children in thi� area? And at c�n�iderahle cnst nnt
�t�, �;..,.,,n., �.,,+ r�i;�.,.,.tt�,
v�aiy ��avu..y ciu� Yv��a�vuu>.
�1Vhile 1 understand this "husine�� creen" will nr�hahlv n�t imna.ct me ner��nallv in
+L.., 1,....� ♦.,..... ,,:rl. *1,., ..�.f;,..�, � � .,...,.. .,,..- tl,.., .,{�(�'l.i ,«,.F� F r..,-.,
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water into tny �roperty, t'r�e ia�ig tercn ramirications ui aiiowi��g tii�se partirio��s couid
clamage the wh�le �f this re�idential are�. IS it w�rth the chance? 1 wrnild ar�ie that
.s ; ..+ A..,a T L,,,+�.� . ,��:n„ .,,:11 1..,�1r 1.,.,.� .>,,.7 1,..«,-i l�.,F,-., „..,.,+:.,.. +1.....f,1�,A:«....-
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L.�t7Q t'illYlil011 t'e(�UeStS IO ttl� tJCV�IOp�f ([iiZt'eSiS.
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MAILING
RECORDS
1 • �
AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL
IMPORTANT N4TICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE
NOTICE THAT WAS POSTED ON THE SITE.
In the Matter of the Proposed Land Use Applications for:
Land Use File Nos.: MLP2002-00014
Land Use File Name: KRASAUSK PARTITION
I, Morgan Tracy, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use
proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax
lot(s) currently registered) 100��s�..r K,,f��rrn�. Sfr��-
and did personally post notice of the proposed land use application(s) by means of weatherproof
posting in the general vicinity of the affected territory, a copy of said notice being hereto attached
and by reference made a part hereof, on the 2O'f'� day of�,•r,I� , 2003.
�_
Signature of Person Who Perfor ed Posting
(In the presence of the Notary)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE)
STATE OF OREGON )
County of Washington ) ss.
Subscribed and sworn/a#'iune.d before me on the �day of �J(� �� , 20 �� .
* p�PICIAL SEAL
' J 9EN(�TSON �"�t1 �,�''�� � l, `l�
l NOTARY PUBUC-OREGON �,v
COMMISSION NO.368086
MY COMMISSION E�XPIRES APR.27,200� NOT Y PU BLIC F OREGON
My Commission Expires: '
� ( �� o�
h:Uoginlpatty\masterslaffidavit of posting for staff to post a site.doc
Y
1
�
M I NOR LAN D PARTITI OIV (M LP) 2002-000 I 4
REQUEST: A request for a Minor Land Partition to partition one (1 )
existing 15,579 square foot lot ento two (2) parcels for detached single-
family residences An existing single-family dwelling exists on the sub�ect
parcel and is proposed to remain on Parcel #1 in compliance with all
setback requ�rements LOCATIOIV: 10085 SW Katherine Street WCTM
1 S135CC Tax Lot, 03100 ZONE: R-4 5 Low-Density Residential District
The R-4 5 zoning district is designed to accommodate detached single-
family homes with or without accessory residential units at a minimum lot
size of 7,500 square feet Duplexes and attached single-family units are
permitted conditionally Some civic and institutional uses are also
permitted conditionally APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715,
18 745, 18 765, 18 790, 18 795 and 18 810
Further information may be obtained from the Planning Division �staff contact:
Morqan Tracy) at 13125 SW Hall Blvd , Tigard, Oregon 97223, or by calling 503-
639-4171 A copy of the application and all documents and evidence submitted by or
on behalf of the applicant and the applicable criteria are available for inspection at no
cost and copies for all items can also be provided at a reasonable cost
II
AFFIDAVIT OF MAILING CITYOFTIGARD
Carnmuntty�Development
SFwp1ngA BetterCommuraty
I, �atr�cra L Gu�f or� being first duly sworn/affirm, on oath depose and say that I am a SenzorAdmanutratzve SpecraCrst for
the �'cty of7'�gard, `Was(zzngton County, Oregon and that I served the following
{Chetic Appmpnate Box(s)Bebw�
❑x NOTICE OF DECISION FOR MLP2002 00014/KRASAUSK ET ALL PARTITION
� AMENDED NOTICE (File NoJName Reterence)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked EIIhhlblt"A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt"B",and by reference made a part
hereof, on MaY19,2003,and deposited in the United States Mail on M8Y19,2003,postage prepaid
,
G�����LJ d�
(Person tha repa otic
,S7,A2tE O�F O�GON )
County of`Was zngton �ss
C�ty of 7igard )
Subscribed and sworn/affirmed before me on the � � day of , 2003
OFFICIAL SEAL
,� J BENGTSON
NOTARY PUBLIC OREGON
COMMISSION NO 368088
MY COMMISSION E�XPIRES APR 27 2007
My Commission Expires �
��
� EXHIBIT �
,
� NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2002-00014
CITY OF TIGARD
KRASAUSK PARTITION Commuraty�DeveCopment
S(u�ptngA BetterCommuraty
120 DAYS (WITH EXTENSION) =8/3/03
SECTION I APPLICATION SUMMARY
FILE NAME KRASAUSK PARTITION
CASE NO Minor Land Partition (MLP) MLP2002-00014
PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing
15,579 square foot lot into two (2) parcels for detached single-family residences
An existing single-family dwelling is located on the sub�ect parcel and is proposed
to remain on Parcel #1 in compliance with all setback requirements
APPLICANT Miles Schlesinger OWNER Paul Krasausk and Joe Marcharg Jr
11455 SW Shrope Court 15833 SW Misty Court
Tigard, OR 97223 Beaverton, OR 97007
ZONING
DESIGNATION R-4 5, The R-4 5 zoning distnct 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
conditiona�ly Some civic and institutional uses are also permitted conditionally
LOCATION 10085 SW Katherine Street WCTM 1S135CC Tax Lot, 03100
PROPOSED PARCEL 1 7,500 Square Feet
PROPOSED PARCEL 2 7,500 Square Feet
FLAG LOT ACCESS AREA 556 Square Feet
APPLICABLE
REVIEW
CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures),
18 420 (Land Partitions), 18 510 (Residential Zoning Districts), 18 705 (Access
Egress and Circulation), 18 715 (Density Computations), 18 745 (Landscaping and
Screening), 18 765 (Off-Street parking and Loading Requirements), 18 790 (Tree
Removal), 18 795 (Visual Clearance Areas), and 18 810 (Street and Utility
Improvement Standards)
SECTION II DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request sub�ect to certain conditions The findings and conclusions on which the
decision is based are noted in Section V
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 1 of 23
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT
u mit to t e ngineering epartment rian ager, , ext or review an
approval
1 Prior to final plat approval, the applicant/owner shall ensure that the visual clearance area
including areas of existing fencing along the Tigard street frontage is not obstructed The
applicant shall also submit a report from a traffic engineer showmg tFiat sight distance standards
as enumerated by AASHTO are met, and if not, that any improvements required to meet the sight
distance standards have been completed
2 A Public Facility Improvement (PFI) permit is required for this pro�ect to cover the public sewer
line, the new storm line in Katherine Street and any other work in the public right-of-way Six (6)
sets of detailed public improvement plans shall be submitted for review to the Engineering
Department NOTE these plans are in addition to any drawings required by the Building Division
and should only include sheets relevant to public improvements Public Facility Improvement
(PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which
are available at City Hall and the City's web page (www ci tigard or us)
3 The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will be designated as the "Permittee", and who will
provide the financial assurance for the public improvements For example, specify if the entity is
a corporation, limited partnership, LLC, etc Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person Failure to provide accurate
information to the Engineering Department will delay processing of pro�ect documents
4 Prior to approval of the final plat, the applicant shall obtain a Site Permit from the Building
Department to cover all grading for the lot(s), all on-site private utility installation (water, storm,
etc ) and all driveway construction NOTE this permit is separate from a Public Facility
Improvement permit issued by the Engineering Department for work in the public right-of-way
5 Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of
$30 00 (STAFF CONTACT Shirley Treat, Engineering)
6 The final plat shall show a ROW dedication on Katherine Street to provide 27 feet from the
centerline The resulting area of both parcels, excluding the access easement area shall be a
minimum of 7,500 square feet
7 The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW Katherine Street ad�acent to the sub�ect property, when any of
the following events occur
A when the improvements are part of a larger pro�ect to be financed or paid for by the
formation of a Local Improvement District,
� B when the improvements are part of a larger pro�ect to be financed or paid for in whole or in
part by the City or other public agency,
C when the improvements are part of a larger pro�ect to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the sub�ect property, or
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 2 of 23
D when construction of the improvements is deemed to be appropriate by the City Engineer
in con�unction with construction of improvements by others ad�acent to the sub�ect site
8 The final plat shall show a �oint ingress/egress easement to be shared between the three
properties involved in the three partitions (MLP 2002-00012, 2002-00013 and 2002-00014) and
shall also address maintenance responsibility of the shared access
9 The applicant shall either place the existing overhead utility lines along SW Katherine Street
underground as a part of this pro�ect, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27 50
per lineal foot If the fee option is chosen, the amount will be $ 2,063 00 and it shall be paid pnor
to approval of the final plat
10 The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22) These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north These coordinates
can be established by
• GPS tie networked to the City's GPS survey
• By random traverse using conventional surveying methods
11 Final Plat Application Submission Requirements
A Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative
B Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineering Permit Technicians, at (503) 639-4171, ext 426)
C The final 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
D The right-of-way dedication for Katherine Street shall be made on the final plat
E NOTE Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicatmg that the City has reviewed the final plat
and submitted comments to the applicant's surveyor
F After the City and County have reviewed the final plat, submit finro mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions)
Submit to the Planning Department (Morgan Tracy, 639-4171, ext 2428) for review and approval
12 Prior to final plat approval, the applicant shall submit a landscape plan which shows
A Landscape or solid fence screening along the portion of the proposed accessway that is
visible from WCTM 1 S135CC lot 3300 and 2900 This screen shall compIy with one of
the three options for screening as prescribed in TDC Section 18 745 050 (5
Installation of said screen shall occur prior to final building permit approval on Parcel #�
B A street tree plan for the proposed access dnve in accordance with the size and spacing
standards under TDC Section 18 745 040 C
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 3 of 23
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING
PERMITS
Submit to the Engineering Department (Brian Rager, 639-4171, ext 2471) for review and
approval
13 Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat
14 Prior to issuance of the building permits, the public sewer line work for the three partitions shall be
completed and accepted by the City
15 Prior to issuance of budding permits, the applicant shall provide the City with as-built drawings of
the public improvements as follows 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format,
if available, otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the
City's GPS network The applicant's engineer shall provide the City with an electronic file with
points for each structure (manholes, catch basins, water valves, hydrants and other water system
features) in the development, and their respective X and Y State Plane Coordinates, referenced
to NAD 83 (91)
16 Pnor to issuance of the building permit for the new parcel, the applicant shall pay the standard
water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS)
17 The applicant shall provide signage at the entrance of the �oint driveway that lists the addresses
that are served by the driveway
Submit to the Planning Department (Morgan Tracy, 639-4171, ext 2428) for review and approval
18 The applicant shall provide a tree protection plan for Parcel #2 and shared access drive, prepared
by a certified arborist The applicant/owner shall install the required tree protection measures
prior to building permit issuance The applicant shall further note that the protection plan shall
indicate that a certified arborist must be present during any excavation within the driplines of any
trees to remove
19 The applicant shall submit a tree mitigation program that accounts for 19 caliper inches to be
planted on the site, planted off-site, or is a payment in lieu of replanting Street trees along the
driveway cannot be counted towards the mitigation requirement Such mitigation replanting or
payment shall occur prior to final building inspection
Submit to the Building Department (Development Service Technicians, 639-4171, ext 2439) for
review and approval
20 Prior to issuance of any building permits, the applicant/owner shall provide documentation that
Tualatin Valley Fire and Rescue has reviewed and approved the fire flow documentation for the
existing fire hydrant
21 The applicant/owner shall submit a site plan with the budding permit application for Parcel #2 that
meets the height and setback requirements as prescribed for flag lots, per TDC Sections
18 730 020(C) and 18 420 050(4)(e) The site plan shall also show access taken from the �oint
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 4 of 23
accessway The site plan shall also reflect the abandonment of one of the existing driveway
accesses serving the parcel on SW Tigard Street and�oint use of the shared drive
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF FINAL
BUILDING INSPECTION
Submit to the Planning Department (Morgan Tracy, 639-4171, ext 2428) for review and approval
22 Following completion of the shared access drive but prior to issuance of any final building
inspections, the applicant/owner shall provide evidence that the screening along the access
drive as required in the landscape plan has been installed, as well as the street trees along the
shared access drive
23 The applicant shall install the mitigation replanting or remit the payment in lieu as specified in
the applicant s mitigation program
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18)
MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER
THE PROCESS AND APPEAL SECTION OF THIS DECISION
SECTION III BACKGROUND INFORMATION
Pro ert Histo
The su �ect parcel is located within the City of Tigard The Qroperty is desi�nated Low Density
Residential on the Tigard Comprehensive Plan Map The sub�ect lot was divided from Lot 10 of
Greenburg Heights Addition subdivision Apart from a lot line ad�ustment that was perFormed in order to
facilitate the current application, no other land use approvals were found to be on file
Site Information and Pro osal Descri tions
The applicant is reques ing a Minor Land Partition to partition one (1) existing 15,556 square foot lot
into two (2) parcels for detached single-family residences An existing single-family dwelling is located
on the sub�ect parcel and is pro�osed to remain on Parcel #1 in compliance with all setback
requirements The ad�acent properties and surrounding area are characterized by single-famdy homes
SECTION IV PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the sub�ect site providing them an
opportunity to comment A number of letters have been received from adJacent proper�y owners,
including Brooks Gaston, John Slagle, Margaret and Dewey Hamilton, and Gererdene Gibson The
concerns were primarily focused on storm drainage issues as a number of the nearby yards have poor
drainage currently The Hamilton's also inquired about the depth of the proposed sewer to ensure that it
would be adequate to serve the furthest lot These issues are discussed in greater detail under Chapter
18 810 (Street and Utility Improvement Standards) later in this decision
SECTION V APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Partitions (18 420�
The proposed partition complies with all statutory and ordinance requirements and regulations,
The proposed partition complies or can be made to comply with all statutory and ordinance requirements
and regulations as demonstrated b the analysis contained within this administrative decision and
through the imposition of conditions o�development approval All necessary conditions must be satisfied
as part of the development and building process Therefore, this criterion is met
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 5 of 23
There are adequate public facilities available to serve the proposal,
Public facilities are discussed in detail later in this decision under Chapter 18 810 (Street & Utility
Improvement Standards) Based on the analysis provided herein, Staff finds that adequate public
facilities are avadable to serve the proposal Therefore, this criterion is met
All proposed improvements meet City and applicable agency standards, and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18 810 (Street & Utility Improvement Standards) Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority wi�l ensure
that City and applicable agency standards are met Based on the analysis in this decision, Staff finds
that this criterion is met
All proposed lots conform to the specific requirements below
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district
The minimum lot width required for the R-4 5 zoning district is 50 feet for sin le-family detached units,
and 90 feet for duplex lots Both parcels are 75 feet in width Therefore, this s�andard has been met for
single-family dwellings, no duplexes will be able to be constructed on any of these proposed lots
The lot area shall be as required by the applicable zoning district In the case of a flag lot, the
accessway may not be included in fhe lot area
The minimum lot area requirement in the R� 5 zoning district is 7,500 square feet for detached single-
family units and 10,000 square feet for duplex units The proposed partition creates finro (2) lots that are
both 7,500 square feet The remaining 556 square feet is utilized for the flag lot accessway Both
parcels meet the requirements for single-family residential development This criterion has been
satisfied
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
The proposed partition plat illustrates Parcel #1 as having 75 feet of frontage and Parcel #2 as having 70
feet of frontage on the proposed 20' wide access easement which connects to SW Tigard Street This
criterion is met
Setbacks shall be as required by the applicable zoning district
Setbacks for the R-4 5 zoning district are as follows front, 20 feet, side, 5 feet, and rear, 15 feet The
existing house on Parcel #1 is proposed to remain This structure is situated 29 feet from the front
property line, 43 feet to the proposed rear property line, 10 7 feet from the east side property line, and
9 4 feet from the west side property line As such, the existing dwelling may remain as part of this
partition application
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
Proposed Parcel #2 is a flag lot There is opportunity on this 7,500 square foot lot to provide suitable
separation from other nearby existing structures Nowever, at this time no home construction is
proposed Therefore, conformance with this standard will be ensured through the building permit review
process
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance with Sections 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 appiicants plan calls for a 20 foot wide access drive to serve Parcel #2, in addition to serving finro
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 6 of 23
other lots being proposed in separate partition applications These other lots will also be flag lots behmd
the parent parcels that front on SW Katherine Street and SW Tigard Street Since the access drive will
be utilized for the other finro flag lot parcels behind the homes on Katherine Street, a screen is not
appropriate along the shared property lines of the sub�ect parcel and the parcels being created by
MLP2002-00012 and MLP 2002-00013 However, the homes located at 10060 SW Tigard Street
(WCTM 1 S135CC lot 3300) and 10145 SW Katherine Street (WCTM 1 S135CC lot 2900) are not a part
of or associated with this application, and should be buffered from the visual impacts of the shared
driveway Therefore, landscaping or a solid fence shall be established along the boundary of the shared
drive where it can be seen from tFiose parcels
FINDING The application fails to propose adequate screening for the area along the flag lot
accessway to satisfy this requirement
CONDITION Prior to issuance of building and or engineering permits to construct the proposed
access drive, the applicant/owner shall submit a landscape plan which shows landscape
or solid fence screening along the portion of the proposed accessway that is visibie from
WCTM 1 S135CC lot 3300 and 2900 This screen shall comply with one of the three
options for screening as prescribed in TDC Section 18 745 050 (5) Installation of said
screen shall occur prior to final building permit approval on Parcel #2
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
The fire district (TVFR) has reviewed the proposal and has provided comments as outlined later in this
decision under Agency Comments It is likely that a fire hydrant will be required at the time of building
permit application due to the general lack of other hydrants near the intersection of the access drive and
SW Tigard Street Documentation of the fire flow level will be required to demonstrate that the minimum
1,000 gallon per mmute flow is available
FINDING The length of the proposed accessway and distance to the future dwelling from the street
will have a detrimental effect on fire fighting capabilities should the existing hydrant not
have adequate fire fighting flow
CONDITION Prior to issuance of any building permits, the applicant/owner shall provide documentation
that Tualatin Valley Fire and Rescue has reviewed and approved the fire flow
documentation for the existing fire hydrant
Where a common drrve 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
This proposed partition would require that the accessway be shared Parcel #2 will�ointly be responsible
for the accessway with the other lots that are served by it, with the exact stipulations for maintenance to
be established by the applicant in the reciprocal easement
FINDING The access drive will serve Parcels #2, in addition to finro other parcels, part of separate
applications
CONDITION The final plat shall show the proposed 20-foot wide �oint access easement to be shared
befinreen Parcel 2 as well as the two other parcels on the ad�oining lots and shall also
address maintenance responsibility
Any access way shall comply with the standards set forth in Chapter 18 705, Access, Egress and
Circulation
This standard is addressed under 18 705 (Access, Egress and Circulation) later in this decision
Where landfill and/or development is allowed within or ad�acent to the one-hundred year
floodplain, the city shall rec�uire consideration of the dedication of sufficient open land area for
greenway ad�oining and within the floodplain This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 7 of 23
The partitioned lots are not within nor ad�acent to a one-hundred-year floodplain Therefore, this
standard does not apply
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18 370, Variances and Ad�ustments The applications for the partition
and variance(s)/ad�ustment(s) will be processed concurrently
No vanances or adJustments have been submitted with this application Therefore, this standard does
not apply
Residential Zoning Districts (18 510�
Development standards in residential zoning districts are conta�ned in Table 18 510 2 below
TABLE T8 510 2 - (Cont'd )
DEVELOPMENT STANDARDS Il�f RESIDENTIAL ZONES
STANDARD R-4 5 Parcel 1 Parcel 2
Mmimum Lot Size
-Detached unit 7 500 sq ft 7 500 sq ft 7 500 sq ft
-Duplexes 10 000 sq ft
Average Minimum Lot Width
-Detached unit lots 50 ft 75 ft 75 ft
-Duplex lots 90 ft
Maximum Lot Coverage
Minimum Setbacks
-Front yard 20 ft 29 ft Can be met
-Side facing street on comer&through lots 15 ft N/A N/A
-Side yard 5 ft 10 9ft/9 7 ft Can be met
-Rear yard 15 ft 43 ft Can be met
-Side or rear yard abutting more restnctive zoning district N/A N/A
-Distance between property line and front of garage 20 ft 29 ft Can be met
-Side Yard Setbacks for Flag Lots DC 18 420 050(A)(4)(e)]' 10 ft N/A Can be met
Maximum Height 30 ft " 14 Can be met`"'
Mmimum Landscape Reqwrement - N/A N/A
•Not a part of this table but has been Included for reference
`*The maximum height on a Flag Lot is 1 Yz stones or 25 feet whichever is less or as otherwise prowded for in TDC 18 730 020(C)(2)
A minimum lot size of 7,500 square feet is required for each lot The proposed lot sizes of 7,500
square feet meet this standard Parcel #1 contains a single-family dwelling and is in compliance with
the required R-4 5 setbacks Parcels #2 is currently vacant Future development of these parcels will
be reviewed through the building permit process to ensure compliance with the
R-4 5 development standards Setback standards, required by Table 18 510 2 will apply to all future
development of the proposed lots It should be noted that the setbacks and height limifs for the flag
lot Parcel #2) are different than the underlying zone, as required by Sections 18 730 020(C) and
18 �20 050(4)(e)
FINDING Based on the analysis above, the Residential Zoning District Standards for Parcels #1 and
#2 will be met with the imposition of the following conditions
CONDITION The applicant/owner shall submit a site plan with the buildmg permit application for Parcel
#2 that meets the hei ht and setback requirements as prescribed for flag lots, per TDC
Sections 18 730 020(G� and 18 420 050(4)(e)
Access, Egress and Circulation (18 705�
Continuing obligation of property owner (Section 18 705 030 A) The provisions and
maintenance of access and egress stipulated in this title are continuing requirements for the use
of any structure or parcel of real property in the City
There are reciprocal access agreements necessary for adequate access to proposed Parcel #2 Owners
of this parcel will be under the obligation to prov�de and maintain access to their own property Specific
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 8 of 23
maintenance provisions will be specified in the access easement agreement to be recorded with the
partition plat This provision has been met
Access Plan requirements (Section 18 705 030 B) No building or other permit shall be issued
until scaled plans are presented and approved as prov�ded by this chapter that show how
access, egress and circulation requirements are to be fulfilled The applicant shall submit a site
plan The Director shall provide the applicant with detailed information about this submission
requirement
The applicant has provided a site plan showing a 20-foot-wide accessway for access, egress and
circulation for Parcel #2 To reduce the number of driveways entering SW Tigard Street, the applicant
will be required to consolidate the driveways serving the subJect flag 1ot with fhe driveways on the two
ad�oining flag lots as well as the existing driveway serving the fronting parcel on SW Tigard Street
Joint Access (Section 18 705 030 C) Owners of two or more uses, structures, or parcels of land
may agree to utilize Jointly the same access and egress when the combined access and egress
of both uses, structures, or parcels of land satisfies the combined requirements as designafed in
this title, provided Satisfacto legal evidence shall be presented in the form of deeds,
easements, leases or contracts�o establish the �oint use, and copies of the deeds, easements,
leases or contracts are placed on permanent file with the City
Joint access to Parcel #2 is proposed, therefore, an access easement will be required to be recorded
with Washington County and filed with the City
Public street access (Section 18 705 030 D) All vehicular access and egress as required in
Sections 18 705 030H and 18 705 0301 shall connect directly with a public or prrvate street
approved by the City for public use and shall be maintained at the required standards on a
continuous basis
All proposed parcels will have access to the shared driveway which will connect directly with SW Tigard
Street, a public street The 20-foot-wide accessway satisfies the 20-foot access width with a minimum of
20 feet of pavement required for up to 6 dwelling units per the dimensional standards in TDC Table
18 705 1
Access Management (Section 18 705 030 H�
Section 18 705 030 H 1 states that an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washington County, the City
and AASHTO
The location of the new private driveway to serve this development and finro other proposed partitions
ad�acent to this site, should have adequate sight distance, based upon its location along Tigard Street
However, the applicant has not yet submitted a report showing the sight distance is met Staff
recommends the applicant subm�t a preliminary sight distance certification from their engineer prior to
approval of the final plat Any improvements that may be needed in order to ensure adequate sight
distance shall be completed prior to approval of the final plat as well
Section 18 705 030 H 2 states that driveways shall not be permitted to be placed in the influence
area of collector or arterial street intersections Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection The minimum driveway
setback from a collector or arterial street intersection shall be150 feet, measured from the right-
of-way line of the intersecting street to the throat of the proposed driveway The setback may be
greater depending upon the influence area, as determined from City Engineer review of a traffic
impact report submitted by the applicant's traffic engineer In a case where a pro�ect has less
than 150 feet of street frontage, the appl�cant must explore any option for shared access with the
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 9 of 23
ad�acent parcel If shared access is not possible or practical, the driveway shall be placed as far
from the intersection as possible
The Joint private driveway location will not be in the influence area of a collector or arterial street
intersection
Section 18 705 030 H 3 and 4 states that the minimum spacing of driveways and streets along a
collector shall be 200 feet The minimum spacing of driveways and streets along an arterial shall
be 600 feet The minimum spacing of local streets along a local street shall be 125 feet
SW Tigard Street is classified as a neighborhood route, which most closely relates to a local street The
new private driveway will be over 400 feet away from the Katherine Street intersection, and over 1,000
feet away from the Tiedeman Street intersection Therefore, this criterion is met
Minimum access requirements for residential use (Section 18 705 030 I) Private residential
access drrves shall be provided and maintained in accordance with the provisions of the Uniform
Fire Code
This standard will be addressed under the "Agency Comments" section on page 21 of this decision
Access drives in excess of 150 feet in length shall be provided with approved provisions for the
turning around of fire apparatus by one of the following a) A circular, paved surFace having a
minimum turn radius measured from center point to outside edge of 35 feet, b) A hammerhead-
configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet
and a minimum width of 20 feet, c) The maximum cross slope of a required turnaround is 5%
The site plan shows that the accessway is approximately 120 feet in length Since the dnve will not
exceed the 150 foot length limitation, no turnaround will be required
FINDING Based on the anal sis above, Staff finds the Access, Egress and Circulation Standards
have not been me� Demonstration of compliance will 6e assured through the building
permit review
CONDITIONS
♦ Prior to final plat approval, the applicant/owner shall submit a reciprocal access
easement and maintenance agreement for the �oint access serving Parcel #2 for
review The easement shall be recorded with the plat
♦ Prior to issuance of building permits for Parcel #2 or any other parcel being served
by the shared driveway, the applicanUowner shall abandon one of the existing
driveway access points on SW Tigard Street
Density Computations (18 715�
A Definition of net development area Net development area, in acres, shall be determined by
subtracting the following� land area(s) from the gross acres, which is all of the land included
in the legal descript�on of the property to be developed
1 All sensitrve land areas
2 All land dedicated to the public for park purposes,
3 All land dedicated for public rights-of-way
4 All land proposed for private streets and
5 A lot of at least the size required �y the applicable base zoning district, if an existing
dwelling is to remain on the site
B Calculating maximum number of residential units To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning district
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 10 of 23
C Calculating minimum number of residential units As required by Section 18 510 040, the
minimum number of residential units per net acre shall be calculated by multiplying the
maximum number of units determined in Subsection B above by 80% (0 8)
The standards for Density computation address the intensity of residential land uses, typically
expressed as the number of housing units per acre The total square footage of the sub�ect property
is 15,811 square feet There are no sensitive land areas, public dedications, or private streets within
the subJ ect proposal However, to determine the net developable area, the square footage of Parcel
#1 (7,500 square feet) is subtracted from the calculation because it has a pre-existing single-family
dwelling Additionally, the area of the accesswa (556 square feet) is subtracted as it is excluded
from the lot area per TDC Section 18 120 089( � This results in a net developable area of 7,500
square feet As the minimum lot size for the R-�5 zone is 7,500 square feet (10,000 square feet for
duplexes), the maximum number of additional residential units (single-family or duplex) is one The
proposed partition creates 2 separate lots in conformance with the density requirements
FINDING Based on the analysis above, the Density Computation Standards have been met
Landscaping and Screening (18 745�
Street trees Section 18 745 040
Section 18 745 040 A All development pro�ects fronting on a public street, private street or a
private driveway more than 100 feet in length approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18 745 040C
This proposed pro�ect has frontage on SW Katherme Street The access drive serving the proposed lot
will be approximately 120 feet in length Therefore, street trees are required alon� the access drive and
shall be planted in accordance with the standards for size and spacing in this title, under Section
18 745 040 C Since SW Katherine is unimproved and since the street improvement will not occur as
part of this application, planting of street trees will be deferred until the street improvements occur The
remainin� landscape standards are deferred untd the time of development, except for screening of the
private drive which is addressed in this decision under Section 18 420 050
FINDING The requirement for planting street trees along the access drive is not met In order to
meet this requirement the applicant shall satisfy the following condition
CONDITION The applicant shall provide a street tree plan for the proposed access drive in accordance
with the size and spacmg standards under TDC Section 18 745 040 C
Tree Removal (18 790�
A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„ parcel or combination of lots or parcels for which a development
application for a subdivision, partition site development review, planned development or
conditional use is filed Protection is pre�erred over removal wherever possible
The applicant has not specified the trees that will require removal, but has included an arborist's
assessment of the trees This assessment notes that there are several trees that will require removal to
accommodate the shared driveway, however, several of these trees are on separate properties from the
sub�ect site On the sub�ect site, there are four trees that are greater than 12' in diameter Only one of
these trees requires removal due to the construction of the shared access drive Since this removal
represents removal of 25% of the trees on the site, 50% of the removed cali�er inches requires
replacement through a mitigation program The tree proposed for removal is a 38' cottonwood, so the
applicant will need to submit a mitigation plan that accounts for planting 19 caliper inches apart from
those trees required as street trees along the shared accessway The remaining trees on site will be
required to be protected through the construction phase per the City Forester's recommendations noted
later in this decision and the applicant's arborist report
FINDING Based on the analysis above, the Tree Removal Standards have not been met In order
to meet the standard the applicant shall satisfy the following conditions
CONDITIONS
Submit a tree protection plan with the building permit application for Parcel #2, shared
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 11 of 23
access drive, and utility installation prepared by a certified arborist The applicanUowner
shall install the required tree protection measures prior to building permit issuance
Submit a tree mitigation program that accounts for 19 caliper inches to be planted on the
site, planted off-site, or is a payment in lieu of replantmg Street trees along the driveway
cannot be counted towards the miti�ation requirement Such mitigation replanting or
payment shall occur prior to final building inspection
Visual Clearance Areas (18 795)
is ap er requires a a c ear vision area shall be maintained on the corners of all property
ad�acent to intersecting right-of-ways or the intersection of a public street and a prrvate
driveway A clear vision area shall contain no vehicle hedge� plantin , fence, wall structure or
temporary or permanent obstruction exceeding three �3) feet in heigh� The code provides t'�at
obstructions that may be located in this area sliall be visually clear between three (3) and ei ht
�8) feet in height Trees may be placed within this area provided that all branches be'low eight�8)
eet are removed A visuaf clearance area is the trian�ular area formed by measuring from t e
corner, 30-feet along the right of way and along the driveway and connecting these �inro points
with a straight line
Apart from the large oak trees on SW Katherine Street, which are exempt from the visual clearance
requirements, there are no obstructions to the visual clearance area for the egress from Parcel #1 The
site plan shows a wood fence along SW Ti�ard Street that exceeds the height allowed for pro�ections
into the visual clearance area The portion o the fence that encroaches into this area will be required to
be removed in order to comply with the visual clearance area for the egress for Parcel #2
FINDING Based on the analysis above, Staff finds that the Vision Clearance Standards are not
presently met
CONDITION The applicant/owner shall ensure that the visual clearance area on SW Tigard Street is not
obstructed prior to approval of the final plat
Impact Studv (18 390�
Section 18 60 090 states, "The Director shall make a finding with respect to each of the
following criteria when approving, approving with conditions or denying an application "
Section 18 390 040 states that the a�Qlicant shall provide an impact study to quantify the
effect of development on public facilities and services For each public facility system and
type of impact, the study shall propose improvements necessary to meet Cit� standard, and to
minimize the impact of the development on the public at large, public facilities systems, and
affected private property users
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for �ublic right-of-way
dedication, or provide evidence that supports that the real property dedication is not roughly
proportional to the pro�ected impacts of the development Section 1$ 390 040 states that when a
condition of apQroval requires the transfer to the public of an interest in real property, the
approval authority shall adopt findings which support the conclusion that the interest in real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public
The applicant has submitted an impact study The applicant will not be required to physically improve
the street due to the limited extent of frontage on this street However, the applicant wdl be required to
submit a waiver of remonstrance for future participation in a Local Improvement District (LID) for street
improvements to mitigate for the addition of 20 vehicle trips from the site The applicant will be
extending storm drainage to account for the additional impervious area being added to the site Sewer is
alread�y available and has sufficient capacity to serve the develo ment Other impacts to public facilities
are offset by the collection of Systems Development Charg es �SDC's) collected at the time of building
permit issuance Therefore, this standard can be satisfied through meeting the conditions of approval in
this decision
The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
developmenf Based on a transportation impact study prepared by Mr David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 12 of 23
new development on the Collector and Arterial Street system The applicant will be required to pay TIF's
of approximately$2,260 per new dwelling unit
Based on the estimate that total TIF fees cover 32 percent of the impact on maJ or street improvements
citywide, a fee that would cover 100 percent of this pro1 ects traffic impact is $7,063 ($2,260 times one
unit divided by 32) The difference between the TIF paid, and the full impact, is considered the
unmiti ated impact on the street system The unmitigated impact of this ro ect on the transportation
system is $4,803 The applicant will be required to dedicate additional right of�way along SW Katherine
Street The approximate value of these exactions is $1,575 (75'X7'X$3 00 s f As tFie value of this
dedication is less than the unmitigated impact, this exaction is clearly proportiona�e
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18 810�
Chapter 18 810 provides construction standards for the implementation of public and private
facilities and utilities such as streets, sewers, and drainage The applicable standards are
addressed below
Streets
Improvements
Section 18 810 030 A 1 states that streets within a development and streets ad�acent shall be
improved in accordance with the TDC standards
Section 18 810 030 A 2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC
Minimum Rights-of-Way and Street Widths Sect�on 18 810 030(E) requires a local residential
street to have a 42 to 50-foot right-of-way width and a 24 to 32-foot paved section Other
improvements required may include on-street parking, sidewalks and bikeways, underground
utilities, street lighting, storm drainage, and street trees
This site lies adJacent to SW Katherine Street, which is classified as a local residential street on the City
of Tigard Transportation Plan Map At present, there is approximately 20 feet of ROW from centerline,
according to the most recent tax assessor's map The applicant should dedicate additional ROW on the
final plat to provide 27 feet from the centerline
SW Katherine Street is paved but not fully improved to City standards TMC 18 810 030(A)(1) states
that streets within a development and streets ad�acent shall be improved in accordance with City
standards However, 18 810 030(A)(5) states that the City may accept a future improvement guarantee
in lieu of street improvements if the improvement associated with the pro�ect does not, by itself, provide
a significant improvement to the street safety or capacity Although this development will incrementally
increase the amount of traffic on the roadway, the increase will not substantially degrade the level of
service on the street A street improvement ad�acent to this site, therefore, will not significantly improve
the safety or capacity of the street In addition, 18 810 030(A)(5)(e) states that a guarantee in lieu of
street improvements is acceptable if the proposal is a land partition on property zoned residential and
the partition does not create any new streets This partition will not create a new street Based on these
code provisions, Staff therefore recommends that the applicant be required to enter into an agreement
with the City whereby the owner agrees to participate in any future widening pro�ect for the street carried
out by the City, a third party, or through a local improvement district This agreement must be executed
prior to approval of the final plat
This partition is being proposed m con�unction with two others (MLP 2002-00012 and MLP 2002-00013)
The net result of all three partitions is three additional building lots According to the applicant's plan,
the three new parcels will each share a common driveway that will access SW Tigard Street The
applicant will be required to show a�oint ingress/egress easement on the final plat to clarify that the three
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 13 of 23
properties have access rights The applicant will also be required to execute a �oint maintenance
agreement to clarify maintenance responsibilities between the three parcels
Cul-de-sacs 18 810 030 K states that a cul-de-sac shall be no more than 200 feet long, shall not
provide access to greater than 20 dwelling units, and shall only be used when environmental or
topo�raphical constraints, existin� development pattern, or strict adherence to other standards
in this code preclude street extension and through circulation
. All cul-de-sacs shall terminate with a turnaround Use of turnaround configurations other
than circular, shall be approved by the City Engineer, and
• The length of the cul{le-sac shall be measured along the centerline of the roadway from
the near side of the intersecting street to the farthest point of the cul-de-sac
• If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an ad�acent street
may be required to be provided and dedicated to the City
The applicant's plan does not include a proposed cul-de-sac, therefore this standard is not applicable
Street Alignment and Connections Section 18 810 030(G) re4uires all local streets which abut
a development site shall be extended within the site to provide through circulation when not
precluded by environmental or topographical constraints, existing development patterns or
strict adherence to other standards in this code A street connection or extension is
precluded when it is not possible to redesign, or reconfigure the street pattern to provide
required extensions In the case of environmental or topographical constraints, the mere
presence of a constraint is not sufficient to show that a street connection is not possible The
applicant must show why the constraint precludes some reasonable street connection
There are no existing public streets that stub into this site
Access to Arterials and Ma�or Collectors Section 18 810 030 P states that where a development
abuts or is traversed by an existing or proposed arterial or ma�or collector street, the
development design shall provide ade uate protection for residential Qroperties and shall
separate residential access and through�raffic, or if separation is not feasible, the design shall
m�nimize the traffic conflicts The design shall include any of the follow�ng
. A parallel access street along the arterial or ma�or collector,
. Lots of suitable depth abutting the arterial or ma�or collector to provide adequate bufFering
with frontage along another street,
. Screen planting at the rear or side property line to be contained in a nonaccess
reservation along the arterial or ma�or collector, or
• Other treatment suitable to meet the ob�ectives of this subsection,
. If a lot has access to two streets with different classifications, primary access should be
from the lower classification street
The proposed development is neither abutting nor traversed by existing or proposed arterial or collector
streets Therefore, this standard is not applicable
Private Streets Section 18 810 030 S states that design standards for private streets shall be
established by the City Engineer The City shall require legal assurances for the continued
maintenance of private streets, such as a recorded maintenance agreement Private streets
serving more than six dwelling units are permitted only within planned developments, mobile
home parks, and multi-family residential developments
No private streets are proposed with this development Therefore this standard is not applicable
Block Designs - Section 18 810 040 A states that the length, width and shape of blocks shall be
desi�ned with due regard to providing adequate buifding sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography
Block Sizes Section 18 810 040 B 1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 14 of 23
• Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or,
• For blocks ad�acent to arterial streets, limited access highways, ma�or collectors or
railroads
. For non-residential blocks in which internal public circulation provides equivalent access
This proposal is not creating any additional streets and therefore this standard is not applicable
Section 18 810 040 B 2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible Spacing between
connections shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code
The existing development pattern precludes the practical application of this standard, as there is no
logical connection to make via a pedestrian connection
Lots - Size and Shape Section 18 810 060(A) prohibits lot depth from bein� more than 2 5 times
the average lot width, unless the parcel is less than 1 5 times the minimum lot size of the
applicable zoning district
Both parcels are less than 1 5 times the 7,500 square foot minimum lot size Therefore, this standard is
met
Lot Frontage Section 18 810 060(B) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley In the case of a land partition, 18 420 050 A 4 c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet
Each of the proposed lots meets the 15-foot minimum frontage requirement onto either SW Katherine
Street, a public street, or the shared accessway Therefore, this standard is met
Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets
By entering into the restrictive covenant for Katherine Street, this criterion wdl be met
Sanitary Sewers
Sewers Required Section 18 810 090 A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan
Over-sizin� Section 18 810 090 C states that proposed sewer systems shall include
consideration of additional development within the area as pro�ected by the Comprehensive
Plan
There is an existing 8-inch sewer line in Kathenne Street that has adequate capacity for this
development The plan shows that a new main line wdl be extended northerly from Kathenne Street
between the three properties involved in the partitions to serve the new parcels This plan is acceptable
provided the three partition applicants work together and the utility improvements are installed under one
permit
Storm Drainage
General Provisions Section 18 810 100 A states requires developers to make adequate
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 15 of 23
provisions for storm water and flood water runoff
Accommodation of U pstream Drainage Section 18 810 100 C states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or outside the development The City Engineer shall approve the
necessary size of the facility, based on the provisions of Design and Construction Standards for
Sanitary and SurFace Water Management (as adopted by Clean Water Services in 2000 and
including any future revis�ons or amendments)
There are no upstream drainageways that affect this site
Effect on Downstream Drainage Section 18 810 100 D states that where it is anticipated by the
City Engineer that the additional runoff resulting from the development will overload an existing
draina�e facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and SurFace Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments)
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Management Plan Section V of that plan includes a recommendation that local
governments institute a stormwater detention/effective impenrious area reduction program resultmg in no
net increase in storm peak flows up to the 25-year event The City wdl require that all new developments
resulting in an increase of impervious surfaces provide onsite detention facilities, unless the
development is located ad�acent to Fanno Creek For those developments ad�acent to Fanno Creek, the
storm water runoff wdl be permitted to discharge without detention
The applicant's original application showed a plan for directing the drainage from the three properties out
to the ditch in Katherine Street However, during the review penod, it became apparent that the ditch
system in Katherine Street is not adequate to accommodate the flows from the three partition
developments The applicant's engineer perFormed a thorough downstream analysis and concurred with
Staffs concern The engineer is now proposing that a new public main line be installed in the street and
extended westerly to a point where it can be safely discharged into a very defined ditch at the end of the
Katherine Street improvements From there, the ditch travels over City park land to Fanno Creek Staff
concurs with this solution and is comfortable that it wdl adequately accommodate the drainage from
these developments Ali existing rain drains that may discharge into the ditch system in Katherine
Street, where the new main wdl be installed, will be tied into the new line The existing ditch and culvert
system will be removed and backfilled Existing driveways will be restored once the culverts are
removed
One neighbor (Brooks Gaston) submitted a letter, dated March 14, 2003 Mr Gaston lives in the home
at 10272 SW Meadow Street, which backs up to a relatively vacant property (Webb property, 1 S1 35CC,
#600) between his home and the appiicant's proposed Parcel 6 (as shown on the plan) Mr Gaston's
property is approximately 230 feet to the west of Parcel 6 Mr Gaston indicates that the overland sheet
flows behind his home have worsened over the years and causes his back yard to flood each winter
Mr Gaston was concerned about the original storm drainage plan shown by the applicant, as it may not
be deep enough to collect all of the water from Parcel 6 Mr Gaston is hoping that a storm drainage
solution could be developed that would alleviate his back yard flooding issue
The applicant's representative (Miles Schlesinger) met with a representative from the Webb parcel, Mr
Gaston and another neighbor south of Gaston along Meadow Street separately to discuss the potential
of one common storm line that would run westerly across the Webb parcel, then south along the east
boundaries of Gaston and the neighbor to the south to get to the ditch in Katherine Street At this point,
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 16 of 23
the ditch in the street is more defined That solution was not agreed to by all parties, so the applicant
could not carry it forward
However, the current plan will ensure that the overland sheet flows experienced by Mr Gaston will not
become worse If anything, they will improve because all of Parcel 6 will be able to be drained toward
the new line This is due to the fact that a storm line will be installed, which wdl have a depth of
approximately three feet With the old plan, the applicant was attempting to tie into a ditch, which would
only have a few inches of depth The plan shows a common private storm line extendmg north from
Katherine Street along the west boundary of Tax Lot 3000 (Swopes, MLP 2002-00013) with laterals to
reach all new parcels Staff is confident that this new plan will adequately address the storm water
runoff from this development
Bikeways and Pedestrian Pathways
Bikeway Extension Section 18 810 110 A states that developments ad�oining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way
SW Katherine Street is not classified as a bike facility
Cost of Construction Section 18 810 110 B states that development permits issued for planned
unit developments, conditional use permits, subdivisions, and other developments which will
principally benefit from such bikeways shall be conditioned to include the cost or construction
of bikeway improvements
Not applicable
Minimum Width Section 18 810 110 C states that the minimum width for bikeways with�n the
roadway is five feet per bicycle travel lane Minimum width for two-way bikeways separated from
the road is eight feet
Not applicable
Utilities
Section 18 810 120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surFace mounted connection boxes and
meter cabinets which may be placed above round, temporary utility service facilities during
construction, high capacity electric lines opera�ing at 50,000 volts or above, and
e The developer shall make all necessary arrangements with the serving utility to provide
the underground services,
. The City reserves the right to approve location of all surface mounted facilities,
• All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surtacing of the streets, and
. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made
Exception to Under-Grounding Requirement Section 18 810 120 C states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities whicl� are not underg round will serve the development and the
approval authority determines that the cost and technical difficulty of under-g rounding the
utilities outweighs the benefit of under-grounding in con�unction with the deveiopment The
determination shall be on a case-by-case basis The most common, but not the only, such
situation is a short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground utilities facilities An
applicant for a development which is served by utilities which are not underground and which
are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of
under-grounding
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 17 of 23
There are existing overhead utility lines along the frontage of SW Katherine Street If the fee in-lieu is
proposed, it is equal to $ 27 50 per lineal foot of street frontage that contains the overhead lines The
frontage along this site is 75 lineal feet, therefore the fee would be $ 2,063 00
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDS
Public Water System
This site is served from the City's water system The plan shows that three new meters wdl be set at the
private driveway entrance onto Tigard Street Three new water services will need to be run westerly to
reach the new parcels This work will require a plumbing permit from the City
Storm Water Qualitv
The City has agreed to enforce SurFace Water Management (SWM� regulations established by
Clean Water Services (CWS) Design and Construction Standards adopted by Resolution and
Order No 00-7) which require the construction of on-site water quality facilities The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surFaces In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year
The CWS standards include a provision that would exclude small pro�ects such as residential land
partitions It would be impractical to require an on-site water quality facility to accommodate treatment of
the storm water from the new parcel Rather, the CWS standards provide that applicants should pay a
fee in-lieu of constructing a facdity if deemed appropriate Staff recommends payment of the fee in-lieu
on this application
Grading and Erosion Control
CWS Design and Construction Standards also regulate erosion control to reduce the amount of
sediment and other pollutants reaching the public storm and surface water system resulting
from development, construction, grading, excavating, cleariny, and any other activity whicfi
accelerates erosion Per CWS regulations, the applicant is required to submit an erosion control
plan for City review and approval prior to issuance of City permits
The Federal Clean Water Act req�uires that a National Pollutant Discharge Elimination System (NPDES)
erosion control permit be issued for any development that wdl disturb five or more acres of land Since
this site is not over five acres, the developer will not be required to obtain an NPDES permit from the
City prior to construction
The site plan for the subsequent home will need to include a grading and erosion control plan that will be
reviewed and approved by the Building Division
Site Permit Required
The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private
utility installations (water, storm, etc ) and driveway construction This permit shall be obtained prior to
approval of the final plat
Address Assiynments
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard
and within the Urban Service Boundary (USB)
An addressing fee in the amount of$30 00 per address shall be assessed This fee shall be paid to the
City prior to approval of the final plat For this pro�ect, the addressing fee will be $30 00 The developer
will also be required to provide signage at the entrance of shared driveway that lists the addresses that
are served by the driveway This will assist emergency services personnel to more easily find a
particular home
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 18 of 23
Survey Requirements
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a
tie to the City's global positioning system (GPS) geodetic control network (GC 22) These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north These coordinates can be
established by
• GPS tie networked to the City's GPS survey
• By random traverse using conventional surveying methods
In addition, the applicanYs as-built drawings shall be tied to the GPS nefinrork The applicant's engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features) in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91)
SECTION VI OTHER STAFF COMMENTS
City of Tigard Police Department has reviewed the proposal and requested that the address for the
Parcels #'f and 2 be posted at the front of the driveway near the street in order to speed delivery of
emergency life/safety services
RESPONSE This will be required as a condition of approval
City of Tigard Forester has reviewed the proposal and offered the following comments
1 18 745 030, TREE PROTECTION DEVICES
E PROTECTION OF EXISTING VEGETATION Existmg vegetation on a site shall be
protected as much as possible
1 The developer shall provide methods for the protection of existing vegetation to
remain during the construction process, and
2 The plants to be saved shall be noted on the landscape plans (e g , areas not to be
disturbed can be fenced, as in snow fencing which can be placed around the
individual trees)
1 1 All tree protection devices shall be located on the Tree Protection Plan Any tree that will
not be removed onsite that is within the limits of disturbance of this pro�ect must be
protected Any tree that is located on property ad�acent to the construction pro�ect that will
have more than 15% of its root system disturbed by construction activities shall also be
protected
1 2 Details and specifications are required as to how the trees wdl be protected on site
1 3 Provide a construction sequence including installation and removal of tree protection
devices, clearing, grading, or installation of sediment and erosion control measures, and
other activities that may be required to implement the tree protection measures
1 4 Include in the notes on the final set of plans that equipment, vehicles, machinery, dumping
or storage, or other construction activities, burial, burning, or other disposal of construction
materials must not be located inside of any tree protection device or outside of the limits of
disturbance where trees are being protected No grading, filling or any other construction
activity may occur within the tree protection devices at any time or outside of the limits of
disturbance where trees are being protected unless approved by the City Forester
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 19 of 23
1 5 All tree protection devices shall be
■ Visible
■ Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O D steel
posts Each post shall be no less than four feet high from the top of grade Each post
shall be driven into the ground to a depth of no less than finro and a half feet below
grade Each post shall be spaced no further apart than four feet
■ Between each post, securely attached to the cham-link fencing, shall be a sign
indicating that the area behmd the fencing is protected and no construction activity,
including material storage, may occur behind the fencing
■ Approved in the field prior to clearing, grading, or the begmning of construction
■ Remain in place and maintained until all construction is completed and a final
inspection is conducted
1 6 To determine the size of the tree protection zone follow the guidelines listed below
■ For individual trees follow the trunk diameter method For every one-inch of diameter
at breast height (DBH), or 4 '/2 feet above the ground, allow 12 inches of space from
the trunk of the tree For example, a tree that is 15" at DBH must have at least 12' of
tree protection zone around the entire canopy of the tree
■ For groups of trees the tree protection zone must be outside of the dripline of the trees
on the edge of the stand if there are conifers with narrow crowns on the edge of the
stand follow the trunk diameter method or the dripline method, whichever is greater
1 7 Identify, on the Tree Protection Plan, the location of the stockpile area and the staging
area (if different from the stockpile area)
1 8 All of this information must be included in the final plan's notes or drawings
1 9 If it is necessary to enter the tree protection zone at any time with equipment (trucks,
buildozers, etc )the City Forester must be notified before any entry occurs Before
entering the protection zone a layer of at least five (5) inches of wood chips or mulch must
be placed over the root zone where the vehicles will be dnven This method will mmimize
the adverse impacts of compaction from the equipment When access to this area is no
longer needed the wood chips or mulch must then be dispersed (somewhere onsite is
okay) down to a level of not more than four(4) inches deep
1 10 Specific to this pro�ect
• All trees on the neighboring properties must receive the same protection guidelines
as the trees on the applicant's site
• If the tree protection guidelines outlined in the conditions of approval are not
followed, moved after being approved in the field, knocked down during
construction or are removed prior to the end of construction the pro�ect will be
o Immediately shut down until the fencing is reinstalled according to the
conditions of approval
o Each impacted tree shall be bonded for seven years in the amount of
$5,000 00 per tree
o Corrective action will taken by the applicant to address the damage done to
the Critical Root Zones of each tree Corrective action may include, but not
limited to, loosening compacted soil, replacing graded soil or removing filled
soil
o A fine of$250 00 per day shall be assessed to the applicant for each day
that the fencing is down
• Tree #25 should be preserved at any cost and the sanitary line should be moved to
the eastern side of 10085 SW Katherine or the western side of 10135 SW
Katherine
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 20 of 23
2 ILLEGAL TREE REMOVAL, 18 790 060 C 2
Payment of an additional civil penalty representing the estimated value of any unlawfully removed
or damaged tree, as determined using the most current International Society of Arboriculture's
Guide for Plant Appraisal
3 TREE SPECIES SELECTION & PLANTING. 18 745 030
C INSTALLATION REQUIREMENTS The installation of all landscaping shall be as follows
1 All landscaping shall be installed according to accepted planting procedures
2 The plant material shall be of high grade, and shall meet the size and grading
standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and
any other future revisions), and
3 Landscaping shall be installed in accordance with the provisions of this title
G CONDITIONS OF APPROVAL OF EXISTING VEGETATION The review procedures and
standards for required landscaping and screening shall be specified in the conditions of
approval during development review and in no instance shall be less than that required for
conventional development
3 1 It is recommended that all tree planting follow the guidelines set forth by the International
Society of Arboriculture's tree planting guidelines as well as the standards set forth in the
American Institute of Architects' Architectural Graphic Standards, 10th edition In the
Architectural Graphic Standards there are guidelines for selectmg and planting trees based
on the soil volume and size at maturitv Additionally, there are directions for soil
amendments and modifications I recommend that these guidelines be followed and
adhered to at all times
3 2 In order to develop tree species diversity onsite it is recommended that the following
guidelines be followed
■ No more than 30% of any one family be planted onsite
■ No more than 20% of any one genus be planted onsite
■ No more than 10% of any one species be planted onsite
3 3 I recommend that all of this information be included in the final plan's notes or drawings
City of Tigard Operations Department has reviewed the proposal and has no ob�ections to it
City of Tigard Public Works Department has reviewed the proposal and has no ob�ections to it
SECTION VII AGENCY COMMENTS
Clean Water Services comments have been discussed above under Public Facdity Concerns
Tualatin Valley Water District has reviewed the proposal and has no ob�ections to it
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments
�� FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS
Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the
building as measured by an approved route around the exterior of the building An approved
turnaround is required if the remaining distance to an approved intersecting roadway, as
measured along the fire apparatus access road, is greater than 150 feet (UFC Sec 902 2 1)
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 21 of 23
2� DEAD END ROADS Dead end fire apparatus access roads in excess of 150 feet in length shall
be provided with an approved turnaround Diagrams of approved turnarounds are available from
the fire district (UFC Sec 902 2 2 4)
s) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER
PROTECTION When buildings are completely protected with an approved automatic fire
sprinkler system, the requirements for fire apparatus access may be modified as approved by the
Chief (UFC Sec 902 2 1 Exception 1)
a� FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE Fire apparatus
access roads shall have an unobstructed width of not less than 20 feet (15 feet for one or two
dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6
inches (UFC Sec 902 2 2 1) Where fire apparatus roadways are less than 28 feet wide, "NO
PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed
Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, NO
PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed
Where fire apparatus roadways are 32 feet wide or more, parking is not restricted (UFC Sec
902 2 4)
s� SURFACE AND LOAD CAPACITIES Fire apparatus access roads shall be of an all-weather
surface that is easily distinguishable from the surrounding area and is capable of supporting not
less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle
weight) You may need to provide documentation from a registered engineer that the design will
be capable of supporting such loading Documentation from a registered engineer that the
finished construction is in accordance with the approved plans or the requirements of the Fire
Code may be requested (Design criteria on back) (UFC Sec 902 2 2)
s� TURNING RADIUS The inside turning radius and outside turning radius shall be not less than
25 feet and 45 feet respectively, measured from the same center point (UFC Sec 902 2 2 3)
7> GRADE Private fire apparatus access roadway grades shall not exceed an average grade of 10
percent with a maximum grade of 15 percent for lengths of no more than 200 feet Intersections
and turnarounds shall be level (maximum 5°/a)with the exception of crowning for water run-off
Public streets shall have a maximum grade of 15% (UFC Sec 902 2 2 6)
s� SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS Fire hydrants for single
family dwellings, duplexes and sub-divisions, shall be placed at each intersection Intermediate
fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an
intersection as measured in an approved manner around the outside of the structure and along
approved fire apparatus access roadways Placement of additional fire hydrants shall be as
approved by the Chief (UFC Sec 903 4 2 2)
s� FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD Fire hydrants shall be located not
more than 15 feet from an approved fire apparatus access roadway (UFC Sec 903 4 2 4)
�o> REFLECTIVE HYDRANT MARKERS Fire hydrant_locations shall be identified by the installation
of reflective markers The markers shall be blue They shall be located ad�acent and to the side
of the centerline of the access road way that the fire hydrant is located on In case that there is
no center line, then assume a centerline, and place the reflectors accordingly (UFC Sec
901 4 3)
��> SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW The minimum available fire flow for
single family dwellings and duplexes shall be 1,000 gallons per minute If the structure(s) is(are)
NOTICE OF DECISION MLP2002 00014/KRASAUSK PARTITION PAGE 22 of 23
3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix
Table A-III-A-1. (UFC Appendix III-A, Sec. 5)
�2� ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire
apparatus access roadways and fire fighting water supplies shall be installed and operational
prior to any other construction on the site or subdivision. (UFC Sec. 8704)
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES
EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED.
A����eal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the fVotice of Decision was mailed. The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to tfie specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, subject to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON June 3, 2003.
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.
May 19, 2003
PREPAR BY: Morgan racy DATE
Associate Planner
�.. � ; � l
� � _��<�,-�_ �� =
� May 19, 2003
APPROVED BY: Richard Bewer orff DATE
Planning Mana er
i:lcurpin\morgan\workspacelmlplmlp2002-00014(krasausk)�mIp2002-00014 decision draft ii.doc
NOTICE OF DECISION MLP2002-00014/KRASAUSK PARTITION PAGE 23 of 23
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�� � I� KRASAUSK PARTITION
Ma is not to scale -+'
�
EXHIBIT�
Miles Schlesinger MLP2002-00014
, 11455 SW Shrope Court KRASAUSK ET ALL PARTITION
Tigard, OR 97223
Paul Krasausk & Joe Macharg Jr
15833 SW Misty Court
Beaverton, OR 97007
Paul Krasausk, Joe Macharg Jr
& Carol E Totorica
PO Box 5931
Beaverton, OR 97006
� t�
AFFIDAVIT OF MAILING ��noFr,�aRo
Commuraty�DeveCopment
S(wprngA BetterCommun:ty
I, �Patnaa G Gunsf'ord, bemg first duly sworn/affirm, on oath depose and say that I am a SenwrAdm:nutrat�ve Spec�aCut for
the �'ctyof7igarcl,�`iNashzn9tonCounty, Oregonand that I served the following
{Chetic APP�Pnate Box(5)Bebwl
❑X NOTICE OF DECISION FOR MLP2002 00014/KRASAUSK ET ALL PARTITION
� AMENDED NOTICE (File NolName Reference)
� Ciry of Tigard Planrnng Director
A copy of the said notice being hereto attached, marked Exh�b�t"A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Elfhlblt'B",and by reference made a part
hereof, on Mav19,2003,and deposited in the United States Mail on May19,2003, postage prepaid
�
.
(Person that Pr ared Notice
,57,A2rE O F O�GON )
County of'lNashzngton )ss
C4ty of�igard )
Subscnbed and sworn/ med before me on the��day of , 2003
� -o OFFICIAL SEAL
N � J BENGTSON
NOTARY PUBLIC OREGON �
COMMISSION NO 368086
MYCOMMISSIONE�XPIRESAPR 27 2007
My Commission E�cpires � �
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2002-00014 CITYOFTIGARD
KRASAUSK PARTITION Commumty�DeveCopment
ShapingA BetterCommuraty
120 DAYS (WITH EXTENSION) =8/3/2003
SECTION I APPLICATION SUMMARY
FILE NAME KRASAUSK PARTITION
CASE NO Minor Land Partition (MLP) MLP2002-00014
PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing
15,579 square foot lot into two (2) parcels for detached single-family residences
An existing single-family dwelling is located on the sub�ect parcel and is proposed
to remain on Parcel #1 in compliance with all setback requirements
APPLICANT Miles Schlesinger OWNER Paul Krasausk & Joe Macharg Jr
11455 SW Shrope Court 15833 SW Misty Court
Tigard, OR 97223 Beaverton, OR 97007
ZONING
DESIGNATION R-4 5, The R-4 5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot
size of 7,500 square feet Duplexes and attached single-family units are
permitted conditionally Some civic and institutional uses are also permitted
conditionally
LOCATION 10085 SW Katherine Street, WCTM 1 S135CC, Tax Lot 3100
PROPOSED PARCEL 1 7,500 Square Feet
PROPOSED PARCEL 2 7,500 Square Feet
FLAG LOT ACCESS AREA 556 Square Feet
APPLICABLE
REVIEW
CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures),
18 420 (Land Partitions), 18 510 (Residential Zoning Districts), 18 705 (Access
Egress and Circulation), 18 715 (Density Computations), 18 745 (Landscaping and
Screening), 18 765 (Off-Street parking and Loading Requirements), 18 790 (Tree
Removal), 18 795 (Visual Clearance Areas), and 18 810 (Street and Utility
Improvement Standards)
SECTION II DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for finrenty-five cents (25�) per page, or the current rate charged for copies at the
time of the request
SECTION III PROCEDURE AND APPEAL INFORMATION
Notice
Notice mailed to
X The applicant and owners
X Owner of record within the required distance
�— Affected government agencies
�
Final Decision
THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES
EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED
Aqpeal
The Director's Decision is final on the date that it is mailed All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may
appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon 97223
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body
THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON JUNE 3, 2003
Questions
For further information please contact the Planning Division Staff Planner, Morgan Tracv at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223
�
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1 S135CC-03900 2S1028B-00412
A ORD BU W CALCAGNO VICKI A
PAT I 10130 SW KATHERINE STREET EXHIBIT
1018 IGARD ST TIGARD OR 97223
T ARD OR 7223
1 S 135CC-03700 1 S 135CC-0O600
ALFORD BURT W&PATRICIA M CHANEY CORALYN A
10180 SW TIGARD ST 11730 SW TIEDEMAN
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03800 1 S 135CC-00300
ALFORD BURT W PATRICIA CHITTENDEN LLOYD A EVELY
10180 SW TIGARD ST 11600 SW TIEDEMAN AVE
TIGARD OR 97223 TIGARD OR 97223
2S102BB-00405 2S102BB-00100
BAKER HOWARD W DOROTHY M CRESS SCOTT B AND DANA B
12065 SW KAROL CT 9966 SW KATHERINE STREET
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-00800 1 S 135CC-007 00
BOWSHER CHARLEY L � DAY CHRISTINA L&ROGER W
LUCILLE N 10200 SW TIGARD ST
11820 SW TIEDEMAN TIGARD OR 97281
TIGARD OR 97223
2S102BB-00402 2S102BB-00403
BRACK RICHARD J DORENE DEROSSO DAVID LEROY AND
14100 SW 98TH CT JOANNE SUSAN
TIGARD OR 97224 12015 SW KAROL CT
TIGARD OR 97223
2S 7 o2BB-0o411 2S 1 o2BB-0o201
BRENNAN MABEL G FLEMING PASQUALINA TRUSTEE
12020 SW KAROL CT 10060 SW KATHERINE
TIGARD OR 97223 TIGARD OR 97223
2S 102BB-00409 1 S 135CD-09800
BRICKEY JUDY F FOSTER DEANNA K
12070 SW KAROL CT 9991 SW PIHAS CT
TIGARD OR 97223 TIGARD OR 97223
1 S 7 35CC-03300 7 S 135CC-01600
BROOKER FRED 8 HARRIETT GASTON BROOKS R&KRISTIN A
10060 SW TIGARD ST 10272 SW MEADOW ST
TIGARD OR 97224 TIGARD OR 97223
2S102BB-00501 1 S135CC-02800
BRUNO STEVE K HAMILTON DEWEY R M C
10240 SW KATHERINE ST 10175 SW KATHERINE
TIGARD OR 97223 TIGARD OR 97223
1 S135CC-02900 2S102BB-00600
HAMILTON JUDITH M METRO
17225 12TH AVE NW REGIONAL PARKS&GREENSPACES
SEATTLE WA 98177 600 NE GRAND AV
PORTLAND OR 97232
1 S 135CD-01400 1 S 135CC-01500
J&S CONCRETE INC NELSON BETTY JANE
18285 NE RIBBON RIDGE RD 10275 SW MEADOW ST
NEWBERG OR 97132 TIGARD OR 97223
t S 135CC-00200 1 S 135CC-07 700
JACKSON PAUL R O DOHERTY DENNIS AND
JACKSON SIMONE DENISE PAUWELS GIBBONS GERERDENE
10250 SW TIGARD ST 10270 SW MEADOW
TIGARD OR 97223 TIGARD OR 97223
2S 1028 B-00404 1 S 7 35CC-00703
JOHNSON CLIFFORD A&CYNTHIA LE OLLISON RANDY L&CINDY
12045 SW KAROL CT 11100 SW 95TH
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03100 1 S 135CB-00800
KRASAUSK PAUL 8 OREGON DEPT OF TRANSPORTATION
MACHARG JOE JR 8 R/W PROPERTY MANAGEMENT UNIT
TOTORICA CAROL E RAIL DIVISION
PO BOX 5931 555 13TH ST NE#3
BEAVERTON OR 97006 SALEM OR 97301
2S 1028 B-00410 1 S 135CC-02600
KRAUSHAAR STEPHANIE E& PATRICK PAUL C
BEDNAREK CHRISTOPHER F JR KATHLEEN A
12050 SW KAROL CT 10235 SW KATHERINE ST
TIGARD OR 97223 TIGARD OR 97223
2S1026B-00300 2S102BB-00408
LARSON MARLENE D PURDY JOHN T
PO BOX 23634 12090 SW KAROL CT
TIGARD OR 97281 TIGARD OR 97223
1 S 135CB-00700 1 S 135CC-01900
MCCALL OIL PYLE ROY W&MARY LOUISE TRUSTE
CHEMICAL CORPORATION 10330 SW MEADOW
BY NED MCCALL TIGARD OR 97223
5480 NW FRONT AVE
PORTLAND OR 97210
1 S 135CC-04000 2S 7 02BB-00406
MCCALL PROPERTIES INC REEVES PAUL M
BY NED MCCALL 12085 SW KAROL CT
5480 NW FRON AVE TIGARD OR 97223
PORTLAND OR 97210
1 S 135CD-01100 1 S 135CC-00702
MCCALL PROPERTIES INC RIFFEL ALLEN W&SUSAN A
BY NED MCCALL 11742 SW TIEDEMAN AVE
5480 NW FRONT AVE TIGARD OR 97223
PORTLAND OR 97210
1 S 135CC-03400 2S 102BA-003
SCHLESINGER STACEY TIG DUSTRIAL LLC
10120 SW TIGARD ST 113 LL MOUNTAIN RD#104
TIGARD OR 97223 T ARD OR 97224
2S 1028 B-00407 2 102BA-00307
SCHMASOW WALLACE I AND TIG D I STRIAL LLC
ANN MARIE 1133 ULL MOUNTAIN RD#104
12100 SW KAROL CT RD OR 24
TIGARD OR 97223
1 S 135CC-07 400 2S 1028 B-0O500
SLAGLE JOHN D AND TOLLIVER KENNETH RAY&ALICE E
SORENSEN JANICE M 10200 SW KATHERINE ST
10305 SW MEADOW ST TIGARD OR 97223
TIGARD OR 97223
1 S 135CC-02700 7 S 135CC-03200
SLYTER ROBIN S AND SUSAN D TRUJILLO BERNARDINO&EVA C
10205 SW KATHERINE ST 10030 SW TIGARD ST
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-00500 1 S 135CC-02000
STOVER LAWRENCE W&SHARON A VALDEZ STEVEN M&
13432 SW 136TH PL KIMBERLY M
TIGARD OR 97223 10360 SW MEADOW ST
TIGARD OR 97223
1 S 7 35CC-01800 1 S 135CG03500
SUDENGA CHARLENE M VONAHLEFELD PAUL
10300 SW MEADOW ST 10130 SW TIGARD ST
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03000 1 S 135CC-00700
SWOPES BRET&LINDA S WATANABE OSAMU AND SUWAKO
13440 SW HOWARD DR 11770 SW TIEDEMAN AVE
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-07 200 1 S 135CC-03600
SZYDLOWSKI DOROTHEA L WEBB ROBERT LEE
10365 SW MEADOW ST EDNA M
TIGARD OR 97224 10140 SW TIGARD
TIGARD OR 97223
2 102BB-0OS 2 1S135CC-01300
TI D TY OF ZWERLING ADAM J&
131 HALL CARDILLO DEBORAH A
T ARD O 97223 10325 SW MEADOW ST
TIGARD OR 97223
2S 1028A-00302 1 S 135CC-02500
TIGARD INDUSTRIAL LLC ZWINGRAF JOSEPH R
11336 SW BULL MOUNTAIN RD#104 10265 SW KATHERINE ST
TIGARD OR 97224 TIGARD OR 97223
Jack Biethan
11023 SW Summerfield Dnve#4
Tigard, OR 97224
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
Don & Dorothy Erdt
13760 SW 121st Avenue
Tigard, OR 97223
Ellen Bedstein
14630 SW 139�Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Bedke
11755 SW 114th Place
Tigard, OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Patncia Keenns
12195 SW 121 st Avenue
Tigard, OR 97223
CITY OF TIGARD - fENTRAL CIT SUBLOMMITTEE (i\curpin\setup\labels\CIT Central doc) UPDATED November 27 2002
.� s
AFFIDAVIT OF MAILING CITY.OFTICiARD
('o�umuaity�vevelopmerit
S(+apiregA Better Community
I, �1'atricia L. Lu�ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the City of 7'rgar , 4NasFiington County, Oregon and that I served the following:
ccnea�nvaoa�e eoxts)sebwl
❑X NOTICE OF PENDIN6 LAND USE APPLICATION fOR: MLP200�-00014/KRASAUSK PARTITION
❑ AMENDED NOTICE (Fi�e No./Name Reterence)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt"B",and by reference made a part
hereof, on M81'Ch 21,2003,and deposited in the United States Mail on M81'Ch 21,2003, postage prepaid.
(Per at Pr pared otice
,57A2�o�o�GoN )
County of`lNaskington �ss.
City of?igard ) ,
Subscribed and sworn/affirmed before me on the _�1�' day of � , 2003.
OFF{CIAL SEAI
«;' dANE M JELpERKB �� �
•�' NOTARY PUBIIC-OAEGON
COMMlSSION NU.32B5?8
MY COMMISSION EXPIRES SEPT.�_T?003�
My Commission 6rpires: 7 O
r ��
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER EXHOBIT�
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER
NOTICE OF PENDING LAND USEAPPLICATION
MINOR LAHD PARTITION CITY OF TIGARD
Commuraty�DeveCopment
S(taping A�etter Communsty
DATE OF NOTICE March 21, 2003
FILE NUMBER MINOR LAND PARTITION (MLP) 2002-00014
FILE NAME KRASAUSK PARTITION
PROPOSAL A request for a Minor Land Partition to partition one (1) existing 15,579 square foot lot into
two (2) parcels for detached single-family residences An existmg single-family dwelling
exists on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all
setback requirements
ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet Duplexes and attached single-family units are
permitted conditionally Some civic and institutional uses are also permitted conditionally
APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390,
18 420, 18 510, 18 705, 18 715, 18 745, 18 765, 18 790, 18 795 and 18 810
LOCATION 10085 SW Kathenne Street WCTM 1 S135CC Tax Lot, 03100
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to
submit written comments on the application to the City THE FOURTEEN (14) DAY PERIOD ENDS AT
5 00 PM ON APRIL 4, 2003� All comments should be directed to Morgan Tracy. Associate Planner in the Planning
Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223 You may reach the City of Tigard
by telephone at (503) 639-4171
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5 00 PM ON TNE DATE SPECIFIED
ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT COMMENTS
WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION A DECISION ON THIS ISSUE
IS TENTATIVELY SCHEDULED FOR APRIL 25;2003� IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A
COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN
THE FOLLOWING INFORMATION
. Address the specific "Applicable Review Criteria" described in the section above or any other criteria
believed to be applicable to this proposal,
. Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to
provide a response,
. Comments that provide the basis for an appeal to the Tigard Heanngs Officer must address the relevant
approval criteria with sufficient specificity on that issue
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue Specif�c findings
directed at the relevant approval criteria are what constitute relevant evidence
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION THE
DIRECTOR�S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE THE DIRECTOR�S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION
SUMMARY OF THE DECISION-MAKING PROCESS
. The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-
day written comment period
. The application is reviewed by City Staff and affected agencies
. City Staff issues a written decision
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site, all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll, any City-recognized neighborhood group whose boundaries include the site, and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department Copies of these items may be obtained at a cost of $ 25 per page or the current rate charged for this
service Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments "
YICIMITY MAP
TIGARD —________=
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A ORD BU W CALCAGNO VICKI A
PAT I 10130 SW KATHERINE STREET EXHIBIT�
1018 IGARD ST TIGARD OR 97223
T ARD OR 7223
1 S 135CC-03700 1 S 135CC-0O600
ALFORD BURT W 8 PATRICIA M CHANEY CORALYN A
10180 SW TIGARD ST 11730 SW TIEDEMAN
TIGARD OR 97223 TIGARD OR 97223
7 S 135CC-03800 7 S 135CC-00300
ALFORD BURT W PATRICIA CHITTENDEN LLOYD A EVELY
10180 SW TIGARD ST 11600 SW TIEDEMAN AVE
TIGARD OR 97223 TIGARD OR 97223
251028B-00405 2S102BB-00100
BAKER HOWARD W DOROTHY M CRESS SCOTT B AND DANA B
12065 SW KAROL CT 9966 SW KATHERINE STREET
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC 00800 1 S 135CC-00100
BOWSHER CHARLEY L DAY CHRISTINA L&ROGER W
LUCILLE N 10200 SW TIGARD ST
11820 SW TIEDEMAN TIGARD OR 97281
TIGARD OR 97223
2S 102B6-00402 2S 102B8-00403
BRACK RICHARD J DORENE DEROSSO DAVID LEROY AND
14100 SW 98TH CT JOANNE SUSAN
TIGARD OR 97224 12015 SW KAROL CT
TIGARD OR 97223
2S1o2BB oo41t 2S1o2B6-0o2o1
BRENNAN MABEL G FLEMING PASQUALINA TRUSTEE
12020 SW KAROL CT 10060 SW KATHERINE
TIGARD OR 97223 TIGARD OR 97223
2S102BB 00409 1S735CD-09800
BRICKEY JUDY F FOSTER DEANNA K
12070 SW KAROL CT 9991 SW PIHAS CT
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03300 1 S 135CC-01600
BROOKER FRED&HARRIETT GASTON BROOKS R&KRISTIN A
10060 SW TIGARD ST 10272 SW MEADOW ST
TIGARD OR 97224 TIGARD OR 97223
2S102BB-00501 1S135CC-02800
BRUNO STEVE K HAMILTON DEWEY R M C
10240 SW KATHERINE ST 10175 SW KATHERINE
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-02900 2S 102BB-0O600
HAMILTON JUDITH M METRO
17225 12TH AVE NW REGIONAL PARKS&GREENSPACES
SEATTLE WA 98177 600 NE GRAND AV
PORTLAND OR 97232
1 S 135CD-01400 1 S 135CC-07 500
J 8�S CONCRETE INC NELSON BETTY JANE
18285 NE RIBBON RIDGE RD 10275 SW MEADOW ST
NEWBERG OR 97132 TIGARD OR 97223
1 S 135CC-00200 1 S 135CC-01700
JACKSON PAUL R O DOHERTY DENNIS AND
JACKSON SIMONE DENISE PAUWELS GIBBONS GERERDENE
10250 SW TIGARD ST 10270 SW MEADOW
TIGARD OR 97223 TIGARD OR 97223
2S 102B B-00404 1 S 135CC-00703
JOHNSON CLIFFORD A&CYNTHIA LE OLLISON RANDY L&CINDY
12045 SW KAROL CT 11100 SW 95TH
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03100 1 S 135CB-00800
KRASAUSK PAUL 8 OREGON DEPT OF TRANSPORTATION
MACHARG JOE JR& R/W PROPERTY MANAGEMENT UNIT
TOTORICA CAROL E RAIL DIVISION
PO BOX 5931 555 73TH ST NE#3
BEAVERTON OR 97006 SALEM OR 97301
2S 102B B-00410 1 S 135CC-02600
KRAUSHAAR STEPHANIE E& PATRICK PAUL C
BEDNAREK CHRISTOPHER F JR KATHLEEN A
12050 SW KAROL CT 10235 SW KATHERINE ST
TIGARD OR 97223 TIGARD OR 97223
2S 10288-00300 2S 1 o2BB-0oao8
LARSON MARLENE D PURDY JOHN T
PO BOX 23634 12090 SW KAROL CT
TIGARD OR 97281 TIGARD OR 97223
1 S 135CB-00700 7 S 135CC-01900
MCCALL OIL PYLE ROY W 8 MARY LOUISE TRUSTE
CHEMICAL CORPORATION 10330 SW MEADOW
BY NED MCCALL TIGARD OR 97223
5480 NW FRONT AVE
PORTLAND OR 97210
7 S 135CC-04000 2S 102BB-00406
MCCALL PROPERTIES INC REEVES PAUL M
BY NED MCCALL 12085 SW KAROL CT
5480 NW FRON AVE TIGARD OR 97223
PORTLAND OR 97210
1 S 135CD-01100 1 S 135CC-00702
MCCALL PROPERTIES INC RIFFEL ALLEN W&SUSAN A
BY NED MCCALL 11742 SW TIEDEMAN AVE
5480 NW FRONT AVE TIGARD OR 97223
PORTIAND OR 97210
1 S 135CC-03400 2S 102BA-003
SCHLESINGER STACEY TIG DUSTRIAL LLC
10120 SW TIGARD ST 113 LL MOUNTAIN RD#104
TIGARD OR 97223 T ARD OR 97224
2S 1026B-00407 2 102BA-00301
SCHMASOW WALLACE I AND TIG D I STRIAL LLC
ANN MARIE 1133 ULL MOUNTAIN RD#104
12100 SW KAROL CT RD OR 24
TIGARD OR 97223
1 S 135CC-07 400 2S 102B6-0O500
SLAGLE JOHN D AND TOLLIVER KENNETH RAY&ALICE E
SORENSEN JANICE M 10200 SW KATHERINE ST
10305 SW MEADOW ST TIGARD OR 97223
TIGARD OR 97223
1 S 135CC-02700 7 S 135CC-03200
SLYTER ROBIN S AND SUSAN D TRUJILLO BERNARD�NO&EVA C
10205 SW KATHERINE ST 10030 SW TIGARD ST
TIGARD OR 97223 TIGARD OR 97223
7 S 135CC-00500 1 S 135CC-02000
STOVER LAWRENCE W 8 SHARON A VALDEZ STEVEN M&
13432 SW 136TH PL KIMBERLY M
TIGARD OR 97223 10360 SW MEADOW ST
TIGARD OR 97223
7 S135CC-01800 7 S135CC-03500
SUDENGA CHARLENE M VONAHLEFELD PAUL
10300 SW MEADOW ST 10130 SW TIGARD ST
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03000 1 S 135CC-00700
SWOPES BRET 8 LINDA S WATANABE OSAMU AND SUWAKO
13440 SW HOWARD DR 11770 SW TIEDEMAN AVE
TIGARD OR 97223 TIGARD OR 97223
t S 7 35CC-01200 1 S 135CC-03600
SZYDLOWSKI DOROTHEA L WEBB ROBERT LEE
10365 SW MEADOW ST EDNA M
TIGARD OR 97224 10140 SW TIGARD
TIGARD OR 97223
2 102BB-0OS 2 1S735CC-01300
TI D TY OF ZWERLING ADAM J 8
131 HALL CARDILLO DEBORAH A
T ARD O 97223 10325 SW MEADOW ST
TIGARD OR 97223
2S102BA 00302 1S135CC-02500
TIGARD INDUSTRIAL LLC ZWINGRAF JOSEPH R
11336 SW BULL MOUNTAIN RD#104 10265 SW KATHERINE ST
TIGAR� OR 97224 TIGARD OR 97223
Jack Biethan MILES SCHLESINGER
11023 SW Summerfield Dnve#4 11455 SW SHROPE COURT
Tigard, OR 97224 T I GARD OR 97223
PAUL DRASAUSK, JOE MACHARG JR
Brooks Gaston & CAROL E. TOTOR I CA
10272 SW Meadow Street PO BOX 5931
Tigard, OR 97223 BEAVERTON OR 97006
Don & Dorothy Erdt
13760 SW 121 st Avenue
Tigard, OR 97223
Ellen Bedstein
14630 SW 139th Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Dnve
Tigard, OR 97223
Susan Bedke
11755 SW 114th Piace
Tigard, OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Patricia Keenns
12195 SW 121 st Avenue
Tigard, OR 97223
CITY OF TIGARD - CENTRAL CIT SUBfOMMITTEE �i\curpin\setup\labels\CIT Central doc) UPDATED November 27 2002
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,r'� ,. PRE�►PP HELD BY
CITY OF TIGARD PLANNING DIVISION
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189
503 639 4171/503 684 7297
CITY OF TIGARD
OREGON LAND USE PERMIT APPLICATION
Fde# �P aoo�-000�y Other Case#
Date � B Recei t# �K K�I Date A lication Com lete
TYPE OF PERMIT YOU ARE APPLYING FOR
❑Ad�ustmenWanance (I or II) � Minor Land Partition (II) ❑Subdivision (II or III)
❑ Comprehensive Plan Amendment(IV) ❑ Mmor Modification (I) ❑Zone Change (III)
❑ Conditional Use (111) ❑ Planned Development(III) ❑Zone Change Annexation (IV)
❑ Histonc Overlay (II or III) ❑Sensitive Lands Review(I, II or III) ❑Zone Ordinance Amendment(IV)
❑ Home Occupation (i or II) ❑Site Development Review(II)
no
Miscellaneous (I)- (Lot Lme Ad�ustment/Temporary Use/Tree Removal/Director's Interpretation, etc )
ress i avai a e
►p o85 S �l R I I�� `�" .D q7 3
�'�EV��v►�G �� �G `� �b ��iorV �6TP� � c 3
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P�u�� K�.A�� u�S a � aR �
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�d� - �yl- � So� - �� �� �
,4�� /�/�¢s��s/� s�3 -�yl- 4�r"�
ac is i more an one
*When the owner and the applicant are different people the applicant must be the purchaser of record or a lessee in
possession with wntten authorization from the owner or an agent of the owner The owners must sign this application in the
s ace rovided on the back of this form or submit a wntten authonzation with this a lication
ease e spe c
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET
r
A �r, �
THE APPLICANT SHALL CERTIFY THAT
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and sub�ect to all the conditions and limitations of the approval
♦ All 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, map 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(s)
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED
o� c�
Owner's Signature Date
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O e s Sign ure Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
CITY OF TIGARD
Communzty�DeveCopment �
S(npmgA Better Commumty
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 7/17/2003
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FILE NO MINOR LAND PARTITION (MLP) 2002-00014
FILE TITLE KRASAUSK PARTITION
APPLICANT Miles Schlesinger OWNERS Paul Krasausk & Joe Macharg Jr
11455 SW Shrope Court 15833 SW Misty Court
Tigard, OR 97223 Beaverton, OR 97007
REQUEST A request for a Minor Land Partition to partition one (1) existing 15,579 square foot lot
into two (2) parcels for detached single-family residences An existing single-family
dwelling exists on the sub�ect parcel and is proposed to remain on Parcel #1 in `
compliance with all setback requirements
LOCATION 10085 SW Katherine Street WCTM 1 S135CC Tax Lot, 03100
ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet Duplexes and attached single-family
units are permitted conditionally Some civic and institutional uses are also permitted
conditionally
APPLICABLE
REVIEW Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715,
CRITERIA 18 745, 18 765, 18 790, 18 795 and 18 810
CIT AREA Central CIT FACILITATOR List Available Upon Request
DECISION MAKING BODY BELOW ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV
DATE COMMENTS WERE SENT MARCH 21, 2003 DATE COMMENTS ARE DUE APRIL 4, 2003
❑HEARINGS OFFICER [MONJ DATE OF HEARING TIME 100 PM
❑PLANNING COMMISSION [MONJ DATE OF HEARING TIME 700PM
❑CITY COUNCIL [TUESJ DATE OF HEARING TIME 130PM
�STAFF DECISION RENTATIYEI DATE OF DECISION APRIL 25, 2003
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
� VICINITY MAP ❑ HYDRAULIC CALCS � ARBORIST REPORT
� SITE PLAN ❑ UTILITY PLAN ❑ IMPACT STUDY
� NARRATIVE ❑ GRADING PLANS � OTHER
STAFF CONTACT Morgan Tracy, Associate Planner (503) 639-4171, Ext 2428
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CITY O� TIG D
OREGON
March 19, 2003
Paul Krasausk, Joe Macharg Jr
15833 SW Misty Court
Beaverton, OR 97007
RE Notice of Complete Application Submittal— MLP2002-00014
Dear Mr Krasausk and Mr Macharg '
Staff has received the mformation necessary to begin the review of your
proposal The estimated time for rendenng a decision from the date an
application is deemed complete is 5-6 weeks
If you have any questions regarding your application, please don't hesitate to
contact me at (503) 639-4171 ext 2428
Sincerely,
�
Morgan Tracy
Associate Planner
\\tig333\usr�depts\curpin\morgan\workspace\mlp\mIp2002 00014(krasausk)\mlp 2002-00014 letter of completeness doc
c MLP 2002-00014 Land Use file
13125 SW Hall Blvd Tigard OR 97223(503)639-4171 TDD (503)684-2772
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December 5, 2002 �+�� �� �����
Paul Krasausk OREGON
Joe MacHarg Jr
15833 SW Misty Court
Beaverton, OR 97007
RE Letter of Incompleteness, Krasausk Partition Casefile No MLP 2002-00014
Dear Mr Krasausk and Mr MacHarg
Staff has had an opportunity to review your application submittal While many of
the necessary materials were included in your application, there remain several
items that require either clarification or are missing These are listed below
1 Finalize the Lot Line Ad�ustment
You will need to record the approved Lot Line Ad�ustment and provide
evidence to the City that the county has recorded said ad�ustment
2 Deed/Title/Proof of ownership Include a copy of your deed or title
3 Prea�plication conference notes Miles Schlesinger held a preapp August
29, 2002 Include a copy of these notes with your resubmittal
4 Tree inventorv/mitigation/protection plans I note in one set of plans that
at least one tree is proposed for removal You will need to provide a list of
the trees on the site (that are larger than 12 inches in diameter), their size
(diameter measured at 4 feet above ground), and whether or not they are
proposed for removal (including future removal for home construction)
For those trees removed, mitigation replantmg may be required,
depending on the percentage of 12" and larger trees that will be removed
For those trees that will remain, a plan for their protection is required
Typically, this is prepared by an arborist, and includes measures for tree
protection fencing located at the tree's dripline We will assume that all
trees are healthy, unless you submit an arborists report documenting that
their condition is unhealthy or unsafe For trees that are dead, dying,
diseased, or dangerous, no mitigation or protection is required
5 Narrative A written narrative addressing the approval criteria of Chapters
18 420, 18 510, 18 705, and 18 810 You have included a statement
which satisfies the requirement for an impact study, but the remainder of
the approval criteria have not been addressed
13125 SW Hall Blvd Tigard OR 97223(503)639-4171 TDD(503)684-2772
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6 20 Complete Sets of Revised Materials Please submit 20 full sets of your
application materials, including the material already submitted Make sure
that all over-sized plans are folded to 8 '/2 by 11" size, and that the
material has been collated into sets
Should you have any questions with regard to these items, please feel free to
contact me at 503-639-4171, extension 2428
Since ly,
�-
Morgan racy
Associate Planner
C MLP2002-00014 Land Use File
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From Cazol MacHarg
1345 W 4`�St,Bldg C
Reno,NV 89503
Tel (775) 358-3338
To Whom It May Concern ,
,
My maiden name was Cazol Totonca In Apnl 1990 I got mamed and my name is now �
Carol MacHarg I am wrrtmg tlus letter to give pernussion to apply for the land use and
partrtion for our property located at 11085 SW Katherme St, Tigard, OR 97223
,
If you have any questions please call me at the above telephone number
Smcerely,
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Cazol E MacHazg �
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� AGREEMENT
� This agreement(the"Agreement")is made effective as of October��2002,by and
between Stacy Schlesinger, Bret Swopes,Paul Krasausk and Joe Macharg,Jr of Portland,
Oregon
RECITALS
Stacy Schlesinger ("Party A") desires to acquire certain easements for sewer,
stormwater and roadway construction purposes across properties owned by Bret Swopes
("Party B") and Paul Krasausk and Joe Macharg,Jr (together,"Party C") Partres B and C
desire to develop each of their respect�ve propertres into two 7500 square foot lots each
Parties B and C have agreed to grant Party A easements for sewer,stormwater and
road construchon purposes, in exchange for grants of property
The parhes therefore agree as follows
AGREEMENT
Section 1 Grant of Easements
11 Easements Parties B and C agree to grant Party A easements for sewer,
stormwater and roadway construction access, consistent with the attached Exl-ubit A, in
exchange for and in considerarion of the real property described in Section 2, below
12 Sur�ey Party A agrees to arrange for a land survey of all three parcels, to
be completed no later than October 1,2002 At that time,the partres will agree on the exact
locations of the easements,based on the results of the survey The final easements will be
prepared and recorded no later than February 1, 2003 The parties agree to bear the cost
of the survey as follows
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Party B 33%
Party C 33%
Section 2 Grant of Property, Lot Line Ad�ustments, Partition
21 Grant of Property All three parcels are located in an area zoned R-7 5
residential, requiring lot sizes of at least 7500 square feet Parcels B and C are currently
15,000 square feet each Parties B and C wish to partition their each of their parcels into
two lots of 7500 square feet each The roadway easement granted to Party A will reduce the
square footage available for partitioning, however Therefore, in exchange for and in
consideration of the easements,Party A shall execute,acknowledge,and deliver to partres
B and C Statutory Warranty Deeds conveying real property consistent with the description
in the attached Exl�ubit A,sufficient to allow Parcels B and C to be partitroned into two lots
each of 7500 square feet The final description of the property to be deeded will be agreed
upon no later than February 1, 2003, following the survey of the property referred to in
Sectron 1 2 above
2 2 Lot Line Ad�ustments and Partition
� Party A will ad�ust the lot line of Parcel A and file the appropriate parhtion
applicahon to create two lots of 9,000 square feet consistent with the attached ExYubit A
Party A will bear the costs of this lot line ad�ustment and partrtron
Party B will ad�ust the lot line of Parcel B and file the appropriate partition
applicarion to create two lots of 7,500 square feet consistent with the attached Exhibit A
Party B will bear the costs of this lot line ad�ustment and partrtion
Party C will ad�ust the lot line of Parcel C and file the appropriate partition
application to create two lots of approximately 7,500 square feet consistent with the
attached Exhibit A Party C will bear the costs of this lot line ad�ustment and partition
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- --"�--��Section� Sewer,-Stormwater and Roadway Design;C-onstruction and Maintenance ---
31 Design Party A, or her designees, shall be responsible for desigrung and
constructrng the sewer, stormwater utility and roadway as described on the attached
Exhibit A Parties B and C will have the opporturuty to comment on and consent to the
design of the sewer, stormwater utility and roadway Such consent shall not be
unreasonably withheld
3 2 Pre-Construction Access Parhes B and C grant to Party A and her agents
the right to enter on Parcels B and C at any reasonable times for the purpose of conducring
tests or studies in furtherance of the design and construction of the sewer, stormwater
utility and roadway Parties B and C shall reasonably cooperate with Party A in making
such tests and studies
3 3 Construction Access Parties B and C grant to Party A and her agents the
right to enter on Parcels S and C at any reasonable times for the purpose of constructing
the sewer, stormwater utility and roadway
3 4 Roadway and Sewer and Stormwater Construction Costs The parhes agree
to bear the costs of the roadway,sewer and stormwater design and construction as follows
Party A 50%
Party B 25%
Party C 25%
3 5 Roadway Maintenance The parties agree that all lots bordering the roadway
shall include deed restrictions allottrng the following responsibility for road�vay
maintenance costs
Party A's two lots 25 % each (for a total of 50%)
Party B's lot 25 %
Party C's lot 25%
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--�s'o�i.,���y���'"t.-y'�`LF�;�"�=`_c''..m";i ���'cr�t��.a�=s'1���wa`%�=�,'4:ijY.1.°R��:'���3r^''.'�'`,,,�`S`�`�""'�y�''��_"'''s_.+r.��`'°'z'+'���'�.3�Z:r. ^ °�'�`7.?
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r& r.�,l.��..,'lt;•.`t,ns.,q��^ �D�.x-��� rr.,�, Y <...- �.�_: �.. �; +a: �,�, rt',�y.,� ��,p��gR '� M W
sx.}.a:e' -_� .��.aa 3, '�,r�a� m��.+ �r�..�.�c.� .7�'.s�c�, „��'���fiF���..��. r'3" "'��c�cc u.a-..
�� ._.�.s��"c'sG �a�-?*�Ti.w�,. �uLY=.. �.=c,,�� •�_as♦.h�i-c�__�-s -���y sz-�zJ�- xv.m���_°-�te�r`.�sA`- n-- °�
'��.������"'^-.a��`h'u�''�..•�'�,-�$x---y�_-� �`r�:s%x�H`�'���'��+s'"�-.�«?��k�'•t�`�.���,.T^��-'����a.��e��'°"`�-.,�s•'`��`����ss�r��l�i-_����rl���� Y.
"k'?'.' `-'3� a.�c'�--s-C:_�°- �.�=��,�.a_w��`Y�__dT�,�"�""�"'�k�'xs�a�._r�.�,��,rRT-.�p:�.�sti_ K'7�n _"_�.__�,�•^-�s.o�,�i�T,. '.21"dL:"`,:�.0 'r E�"=3�vw.6�-
'_..'�-�e..�a=
� Section 4—Termination for"Cause - --�- "--- --�"�� �--^- "�-�---- —-�---�"
Party A will provide firm estimates of the total cost for surveying the parcels,
desigrung and constructing the sewer, stormwater utility and roadway no later than
December 30, 2002 If these costs exceed$18,000 per party, than any party may terminate
this agreement upon proper written Notice provided within 10 days of receipt of the
estimate
If the construction of the sewer,stormwater utility and roadway is not complete by
September 30, 2003, then any party may terminate this agreement upon proper written
Notice mailed no later than October 10, 2003
Section 5 Warranties and Representations of Party A
51 Warranties Party A warrants and represents to Parties B and C that the
following matters are true and correct, and will be true and correct at the time that all
actions contemplated by tYus Agreement and the easements described in Section 1 1 and
the grants of property described in Section 21 are recorded
511 Ownership Ms Stacy Schlesinger("Party A")owns the real property
described as Parcel A on Exhibit A attached hereto,together with all improvements
situated on it This real property and improvements,together with all other rights,
hereditaments,and tenements appurtenant to the real property and improvements,
are collectively referred to herein as "Parcel A "
512 No Condemnation or Assessment Proceedings There is no pending
or threatened condemnation or similar proceeding or assessment affecting Parcel
A, or any part of it and, to the knowledge of Party A, no such proceeding is
contemplated by any governmental entity
513 Litigation, Law There is no litigation, arbitration, or administrative
hearing pending before any governmental authority that concerns or affects Parcel
� ��
4 - AGREEMENT SS BS PK JM
''���r-i..,. 3ti u r�±- u< r ;�,�.•a`a�'1��c"-�acsa�.r�an:..;����.'am=.' ar,vv��"'s'E'��'°3."�^-st-'""`"e.�. ,."'�-�••T
2���.....s�•,�:•-_'i..�°�� _ s�_=�?���_�s _r_g�s -��.�; �-•��_''�"���'��,
1°v-� � -ti�-s"`°�''�' x�Y��1w,-,'�`�sr-E-��;���-��..•.-' w x„"_k:�.''�� '�r-Gu �ifs_'�€-�=.��.'��'�G."'.�".'Fi�r.� :�"�°ca �
t+t����� ��s'�+s,�����-�� - �:�,-�r°,a`r�Ts� '+-ti ....��n .�`'"`s�',�.''.��:,.'��'"�' '''t�,' "-e=��a'�,��`=�� �-���i `�`'�zk�"��'�-�+-�
e��"s �r,�r�.r a�a���-'r,�.�s�c�^��� �..t� _�''�� f? ^. °' '�',_-,s,-�,�--.�_�„�.� �>f.,.}���-ie9��-.�az�i.r
�� � -os±.rs zCrSs'�+-�-r'�7a.�F! _ E
�j „r '¢�g..��"e �' '--'��� � 'k-�y ,�., --�S•Y, .+� a ��-."�?'' �
.K���� +:.� ��-�---� ' '��=.as.. -�o_U" a.�'s. "
i'�-.. .�''�- _ �"_'=�'-'°Q"'_-�ic ..�..Y a-..+s _ ra _��.rm__ � ..ix ._
����r �y � ��
� —�� �A,—or any portion of"it arid,-to the kriowledge of Party A;no such proceeding is - - - ---
threatened To the knowledge of Party A, Parcel A complies with all laws,
ordinances, and governmental approvals and decisions that relate to it
514 Hazardous Substances For purposes of this subsection, the phrase
"Hazardous Substances"has the same meaning as is designated in ORS 46� 200(15)
party A warrants, represents, and covenants as follows
(1) To the knowledge of Party A, there are no Hazardous
Substances in, upon, or buried on or beneath Parcel A and no Hazardous
Substances have been emitted or released from Parcel A in violahon of any
environmental laws of the federal or state government,
(2) Party A has not brought onto, stored on, buried, used on,
emitted or released from, or allowed to be brought onto, stored on, buried,
used on,or errutted or released from,Parcel A any Hazardous Substances in
violation of any environmental laws of the federal or state government,and
(3) To the knowledge of Party A, no underground storage tanks
are located on Parcel A,including(without limitation)any storage tanks that
contain, or previously contained, any Hazardous Substances, and Owner
agrees not to cause or permit any such tanks to be installed in the Property
before Closing
515 Status of Party A Party A warrants that Party A is not a foreign
person,foreign partnership,foreign corporation,or foreign trust,as those terms are
defined in IRC �1445
516 Breach of Agreements Neither the execution of this Agreement,nor
the execution, delivery, or recordation of any document or agreement reterenced
herein,constitutes or will constitute a default under any other agreement or contract
�=-�� ��
5 - AGREEMENT SS BS PK JM
�*^rsls y:'�ci-�.�a rma�.�:l� K_ �.r-svFi+� �..��-"1c �EC-+�-� +�i :i;� � -�,aw�-=a�a�fs-��ava.��t'�',:mayv^c�rr�.sn��'w E. "�c` 3.
-r-- �a+�w���A-a..�_�t�a�.'-�"'='�-Q:�..�.c��'��e'y„L�Q ;� .�w =�e'��i� �x��-�i
€�n'i�`'.zs`.2.�va '��, ��i��f'?:--`z '�`��.'^c�i"S �•."*`"9`„fi", "s° •"ks"� �?F�"�'*G `rv -�.r'�—�.�g�?r�:s�'��.�3��-�".�1,i'�`.�Q`'°",, �... �—��-
�.�.'�ry"��'"-'�uR;'�.-��.'�,.�w`.ta���i.��y�-k.'�_���'.',t^.�[��S'�r"�5?s�.E3��w---'���hLE�Y"���S.y.-, ��' rr �Tf�f ``j�l���.�t�� �«"'°m�'��.---���^"�Ca"'K'T�i�.�;r�.�v�'a-�. F�.°��
T.M13�.��
,.+.tr-,_�. � ���.�..�-'�"� �=� A ra,t�'�.�s�� '�a4.�c �'fs4 �'�..i �-�+r:�.am�.�.-,., _ �.-�'.�r.."'&?.�
�"''�''�� F��'.�a aa� ���'w��`w�i...R`".�, �'ry ,.� rt'��.,�`Y�P�1 " ,�. � T s�v�_��".�...,� __:
�� �e44 �.sssr -�,..i- � ��� ''�"^_ - _ '�az-^�" �'�
� ��^--~ -� ythat relates to the Property or to which Party A is a party- - - - - � -�- -- —--�--J
517 Contracts and Leases Party A warrants and represents that there are
no lease agreements,maintenance contracts,service agreements,or other contracts
of any nature that pertain to,cover,or affect Parcel A or any part of it,that have not
bcen disclosed to all Parties B and C
5 2 Not later than 30 days after notification that all actions contemplated by this
Agreement and the easements described in Sechon 1 1 and the grants of property described
in Sectron 1 1 and the grants of property described in Section 21 are ready to be recorded,
Party A shall deliver to Parties B and C title insurance insuring that the land granted by
Party A to Party B and the land granted to Party C are free from all encumbrances
Section 6 Warranties and Representations of Party B
61 Warranties Party B warrants and represents to Part�es A and C that the
following matters are true and correct, and will be true and correct at the time that all
acrions contemplated by this Agreement and the easements described in Section 1 1 and
the grants of property described in Section 21 are recorded
611 Ownership Bret Swopes ("Party B") owns the real property
described as Parcel B on Exhibit A attached hereto,together with all improvements
situated on it This real property and improvements,together with all other rights,
hereditaments,and tenements appurtenant to the real property and improvements,
are collectively referred to herein as "Parcel B "
612 No Condemnation or Assessment Proceedings There is no pending
or threatened condemnation or similar proceeding or assessment affecting Parcel
B, or any part of it and, to the knowledge of Party B, no such proceeding is
contemplated by any governmental entity
�' Pc�
6 - AGREEMENT SS BS PK JM
tes��.�-�.�. r�ra= zr� �sc�� ur�-i�•7�'-s--� '� -awr. _ _.�...��„
ys�z a�.��r- a-nrcypp x �-�-+
.r�A.:a.- ,t� ..,n�F�.��w+ GGI" rb.ictn s�°�".�rt��P� __�10q._--_�_...Y'�si�zs�tiKi'lev�-�aj rq
$'�^�.,�._��� '�"r�.�t_*_Co'T�°J'� .�`'.�w.�;s��s•�'-Sti.�iS�"-^�s����- y 's'^����- "1f�-�"�'�.a�+,-es��r'��n" �_ _._.>:�s_ `^�_ <.�•"S'�"�p° ":i_
�..�.i��L c^ x-'g--� "`��'L"?���-�'�F+�-r`�'.-"".."��^S���'�a�+'''�Y' .' A�r��_,.��'�..v..�A..��!i.�S C��� ��,:ty .L<1..��.E}"�Sc�S`3'R£fa r:�z����y�..�L,
�k.s�.^^ .rs�.l�d'a3k�T`�-f T=i� �3r�.r..�.�"�� „�et"v-_,•,�2��-�-'a^°rt,�.-�_.����v�..r���=�� �as�w��-.��.a���'-,+� ty �-
� �� � -rtZ't -��°.a.�."� sa+�'=� r._�-_ .... c�'
-4'�=��-'��"t:'��i` € •,.-�`-- �+,...�.::�.��Y"=Y '�����. � i- 'k,..-.
�'N,L�rts �. a 4S' .��'rr._�'w'V�� �
a �- _ _._ ^''
` 613 �Litigation, Law There is no litrgation,arbitration, or administrative
hearing pending before any governmental authority that concerns or affects Parcel
B, or any portion of it and, to the knowledge of Party B, no such proceeding is
threatened To the knowledge of Party B, Parcel B complies with all laws,
ordinances, and governmental approvals and decisions that relate to it
614 Hazardous Substances For purposes of this subsection, the phrase
"Hazardous Substances"has the same meaning as is designated in ORS 465 200(15)
Party B warrants, represents, and covenants as follows
(1) To the knowledge of Party B, there are no Hazardous
Substances in, upon, or buried on or beneath Parcel B and no Hazardous
Substances have been errutted or released from Parcel B in violation of any
environmental laws of the federal or state government,
(2) Party B has not brought onto, stored on, buried, used on,
emitted or released from, or allowed to be brought onto, stored on, buried,
used on, or emitted or released from, Parcel B any Hazardous Substances in
violatron of any environmental laws of the federal or state government, and
(3) To the knowledge of Party B,no underground storage tanks are
located on Parcel B, including (without lirrutation) any storage tanks that
contain, or previously contained, any Hazardous Substances, and Owner
agrees not to cause or permit any such tanks to be installed in the Property
before Closing
615 Status of Party B Party B warrants that Party B is not a foreign
person,foreign partnership,foreign corporation,or foreign trust,as those terms are
defined in IRC �1445
� ���
7- AGREEMENT SS BS PK JIV1
"�r�y.�.-�--.-n�cn�v+-s�:�. rtc� �$'+�+.�_:••a'+rtr�.tvr���F^u� WsSxa��o�.i1S-'as`��+e�a bs*
yK�-a �cr�IIri'� c�A Xe�u. ^ 'SC`P �Z' a+il
G�aJ..s �CV� �C:?w�++ss L 'IrS_`-^__—.��_.� �S ��G'
��r�. �.a�'�.� ��..tT' ���s„�y�ticri,g`��"�,�-y*�'--'�'�—,�`�ss'�=a��:�, -------h�—r.�,.r�e�+���..��::����
-n-z ��rs. '"bT`" �`�.+,�'�'-r+i;� ��.> +�r`'� .� i^�^,�xc„ '�.b ,ti �t�� ar" u�
,..�.�....��_ - _ �`:��a����' '�i.�:c....+�YAy`�.-'"�''���.,t.��_.��.�.m� ��`�°.�.�a'��-�$'sRS-z�..=�������,��`?c^� _�^+�t
-c.,�r�_.�r�s'T_� .,c��. _.,�xc-��..°.�-.3?��-+ .u,ti,aF',a��i'<r'�4rreo-S��.`'�.:�-'�::,1-�.-..'.��- .yaiax:aiz���=Y'.e.'at�.'"��.,�" "t.�"���.� ?._� e
~.�m,�-�_'�'�--? � x T'�'��eq c��^.v�-.. � T�,. S +a � �_.r��,�i h =T4f�$'A' �
'Lf
J3ee�� � Y
- T '
616 Breach of Agreements Neither the execution of this Agreement,nor
the execution, delivery, or recordation of any document or agreement referenced
herein,constitutes or will constitute a default under any other agreement or contract
that relates to Parcel B or to which Party B is a party
61 7 Contracts and Leases Party B warrants and represents that there are
no lease agreements,maintenance contracts,service agreements,or other contracts
of any nature that pertain to,cover, or affect Parcel B or any part of it,that have not
been disclosed to all Part�es A and C
6 2 Not later than 30 days after notification that all actions contemplated by tl-us
Agreement and the easements described in Section 1 1 and the grants of property described
in Section 21 are ready to be recorded, Party B shall deliver to Parties A and C ntle
insurance insuring that the land granted by Party B to Party A and the easement granted
to Party C are free from all encumbrances
Section 7 Warranties and Representations of Party C
71 Warranties Partv C warrants and represents to Parties A and B that the
follo�ving matters are true and correct, and will be true and correct at the time that all
actions contemplated by this Ab eement and the easements described in Section 1 1 and
the grants of property described in Section 21 are recorded
711 Ownership Mr Paul Krasausk and NIr Joe Macharg,Jr ("Party C")
own the real property described as Parcel C on EYhibit A attached hereto, together
with all improvements situated on it This real property and improvements,
together with all other rights,hereditaments,and tenements appurtenant to the real
property and improvements, are collectively referred to herein as "Parcel C "
71 2 No Condemnahon or Assessment Proceedings There is no pending
ar threatene��l condemnation or similar proceeding oi assessment affecting Parcel
�' �p�
8 - AGREEMENT SS �BS PK J1��1
r��-- .s.T�.Y��'r-�=:��-�SC�a�rs.�������.c:�,5...'��� � , ._ .���' -�.�c:..�'-� ..
y:� +iY-eyz,�=,�._°9�Y.�" ��,.,a� .. ..�e.'+i,1=^ a-`�°-�y� Q+4 4 — -.�er*N.lx-
�� k�L.1' � .w`�Lw��=� C � � s9nrs c.�����_i.�-_....�a�fY3S'�����1 S`� �
....��"e t-a��CS�t L �`'�'�-.°�i`t "�"a�, ��^e� Yc-r�.a..'3'.�:3r"'i*-�FR'�'���i�hu��..�—s�h ...,,�.�'���'��-�» �..�ua'„��„--,���'��
a�.1..�+f�,"+ \3 "" 't".�-�±-i.��+-i.Z���+� ?s" _ s�sc�5es°a'�s.cJ�d��i�=".°�--=�-��- +J`�xPr3a5�'a _.. �
L��E,��E'�»w:���' q*'��„'z�':�` ' „r� "�s ��'�'�"'�� ��� ,Ya �' �
� y�� " o-re
'�� -
------ ---C�r-any-part-of rt and;to-the knowledge of-Party G; no-such proceeding-is— --
contemplated by any governmental enhty
71 3 Litigation, Law There is no litigation, arbitration, or admirustratrve
hearing pending before any governmental authority that concerns or affects Parcel
C, or any portion of it and, to the knowledge of Party C, no such proceeding is
threatened To the knowledge of Party C, Parcel C complies with all laws,
ordinances, and governmental approvals and decisions that relate to it
714 Hazardous Substances For purposes of this subsection, the phrase
"Hazardous Substances"has the same meaning as is designated in ORS 465 200(15)
Party C warrants, represents, and covenants as follows
(1) To the knowledge of Party C, there are no Hazardous
Substances in, upon, or buried on or beneath Parcel C and no Hazardous
Substances have been emitted or released from Parcel C in violatron of any
environmental laws of the federal or state government,
(2) Party C has not brought onto, stored on, buricd, used on,
emitted or released from, or allowed to be brought onto, stored on, buried,
used on, or emitted or released froin,Parcel C any Hazardous Substances in
violation of any environmental laws of the federal or state government,and
(3) To the knowledge of Party C, no underground storage tanks
are located on Parcel C,including(without limrtation)any storage tanks that
contain, or previously contained, any Hazardous Substances, and Owner
agrees not to cause or permit any such tanks to be installed in the Property
before Closing
71 5 Status of Party C Party C warrants that Party C is not a foreign
person,foreign partnership,foreign corporation,or foreign trust,as those terms are
� ��
9 - AGREEMENT SS BS PK JM
��� '.. ��, -�r-� f ,� a�_�9�-�•�,.�^•Trr--�c����k�'-�.-�..-�,�,_�,,�,y,....,.�y-,��, �.�.��"r.�'.�� ,�
.F �.r�'c.u:..i����'� -,""�'°.`z`��.5 ��'�i'��---..r �.�.=c�a.,r��' -��� .3 �
�'.�"�`�3�5.� ��".�.�...�3'�`.: ��4�'��sfz'�v`��-'�r _���,.� ' � `3h'�--x`��'",�"�'*Tqt a"'dT�?'4�:�LS�d�T�3��t�'��r��F�-.�� ' �.
�..�r�mt�.r�-'.T5x.�3',�•s. x,�,�...� ��y �a�`eE�'�+s�sv�-°=-�' +^-�se�'r� "� �c�7: �s'"' � ' i���ae•��e.Y,;u�-�=
_�.i`n-^CR-,�� � i...._ �,�'-`���,� �,� --.�.,y_ � _ ..�'�'""� -
r� _ _ ,$
a S'mn�'�.a .rad. uc��
-� _ _ _
_ __�______._� ___'_ __ — _'— -_ _ _.__ _- — ___— _— __- - _ _ ___- __ _ _�_
defined in IRC �1445
716 Breach of Agreements Neither the execution of this Agreement,nor
the execution, delivery, or recordation of any document or agreement referenced
herein,constitutes or will conshtute a default under any other agreement or contract
that relates to Parcel C or to which Party C is a party
717 Contracts and Leases Party C warrants and represents that there are
no lease agreements,maintenance contracts,service agreements,or other contracts
of any nature that pertain to,cover,or affect Parcel C or any part of it,that have not
been disclosed to Parties A and B
7 2 Not later than 30 days after notification that all actions contemplated by tYus
Agreement and the easements described in Section 11 and the grants of property described
in Sectron 21 are ready to be recorded, Party C shall deliver to Parties A and B title
insurance insuring that the easements granted by Party C to Party A and the easement
granted to Party B are free from all encumbrances
Section 8 Indemnity
81 Party A From and after the date of this Agreement, Party A agrees to
protect, indemnify, defend and hold harmless Parties B and C, for, from and against any
and all liability,loss,expense,cost,or damage,including,but not limited to court costs and
reasonable attorneys' fees, arising out of or in any manner relating to (a) Party A's breach
of, or assertion contrary to, any representation, warranty, covenant, obligation or
agreement of Party A contained in this agreement or in any other instrument or document
executed,or to be executed and delivered in connection with this agreement,(b)any claim
or suit by a third person,firm or corporation for a Uroker's or finder's fee for assisting Party
A in connection with the transactions contemplated Uy this agreement, (c) any and all
obligations ana liaUilities of Partv A occurring prior to the closing date,including,�vithout
��=J ' , n� -
j'1
10 - AGREEMENT SS BS PK JM
s�+a�Fj .t_ ,�" .�'^"" F"' i �'"P..°a�.�'_�a^� 'z ' �s��n_'8.�n"
�. ��r_ r_��v�= � _._ ��� --'�-�~��=-��:€� _;�'�tirc�.a�?'�=y�:�'�.°'�:.,�
�"'"'Y�,� s `� ��Y�..i'��v v r� �=.tti��...ri"�.�'���rt�ac�r�K,`k'�:�."����� ��� � "k?rt°�IY'3�*�; -
�`..�����irr�T'�s .�,-��cT�._�.�ab,��r,�'ss.'���t'r�'r�.�'- --> "F ��n.x- .r.�.:G �- +�- `�--� �c.� �'
n � -'a �'�+ x' Ic F.h'�°}- � �� '^'F,t+T . ." _'�..� rT�a`r'�"^' roy-,.
�' �-�� .aats < �+`�"-._.. .,,��_�a��3t.3�.�z£+�'!�g�..-';�;�'a-��� _���— ��xi"�.�a�'�-'ii�+�&:�,ky�,y �'�.xa.ss.�a �����`=3%c�s+rmxr.r;:�_�E
i��" ��t3' ��� � _—__—.r._ � �Y �t
r.s.� ' � �
��.�.. �
• - -limitarion,-liabilities for breach of contract,liabilities arising in tort,liabilit�es for materials -- - -
sold or services rendered, liabilities to all other creditors, and all tax liabilities, including,
without limitation,liability for personal property taxes,transaction privilege(sales)taxes,
use taxes and other excise taxes now or hereinafter imposed as a result of or in connection
with Party A's operation of the property, and (d) the presence or suspected presences of
any Hazardous Substances in,on or under Parcel A,released during the period of trme that
Party A has possession of, or ownership rights in, the Prerruses
This section is not in contravention of, nor does it operate as a waiver of, any
liability that may accrue under state or federal statutes
8 2 Party B From and after the date of this Agreement,Party B agrees to protect,
indemrufy, defend and hold harmless Parties A and C, for, from and against anv and all
liability, loss, expense, cost, damage, including, but not lirruted to, court costs and
reasonable attorneys' fees, arising out of or in any manner relating to (a) Party B's Ureach
of, or assertion contrary to, any representation, warranty, covenant, obli�ation or
agreement of Party B contained in this Agreement or in any other instrument or document
executed,or to be executed and delivered in connection�vith this Agreement,(b)anv claim
or suit by a third person,firm or corporation for a broker's or finder's fee for assishng Party
B in connechon with the transactions contemplated by this Agreement, (c) anv and all
obligahons and liabilities of Party B occurring prior to the closing date,includin�,�vithout
lirrutatron,liabilities for breach of contract,liabilities arising in tort,liabilities for materials
sold or services rendered, liabilihes to all other creditors, and all ta�c liabilitres, including,
without limitation,liability for personal property taxes,transaction privilege(sales) taYes,
use ta�es and other excise taxes now or hereinafter imposed as a result of or in connection
with Party B's operation of the property, and (d) the presence or suspected presences of
any Hazardous Substances in,on or under Parcel B,released during the period ot time that
—��, —u , ,
11 - AGREEMENT SS BS PK JM
="e ���� 3 *-'��'`� :���'� ' ��,������:�`'� _ _���x.�.���:�� ��;���� �` ' �—
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�'6 y:ec�t;�.T,�_�' :..."'.�-:..�.�T'v .w..�:� ��.�`7d-�'�`�a�#+ ���,�°..-�,."k�"�v..._' d�u^a.2'�L.r�s-"��,��7d'�v.�1..,�3'. -�.� �,E+'��
.c_ . ..�- �,.•�-�ti�--z..4-�_-"`"`- �✓ -�e=- '�.�`���'�---�z.�-..�sa-:c�=- .'� :s?r�t�t�ss-3,.F��wr.,�-.,,a�-.;r'�°-z'C�`
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- ----.--- Party B has-possession of, or ownership rights in, the Premises - - - - - --- - - -- -__
This section is not in contravention of, nor does it operate as a waiver of, any
liability that may accrue under state or federal statutes
8 3 Party C From and after the date of this Agreement,Party C agrees to protect,
indemrufy, defend and hold harmless Parties A and B, for, from and against any and all
liability, loss, expense, cost, damage, including, but not limited to, court costs and
reasonable attorneys' fees, arising out of or in any manner relating to (a) Party C's breach
of, or assertion contrary to, any representation, warranty, covenant, obligation or
agreement of Party C contained in this Agreement or in any other instrument or document
executed,or to be executed and delivered in connection with this Agreement,(b)any claim
or suit by a third person,firm or corporation for a broker's or finder's fee for assisting Party
C in connectron with the transactions contemplated by this Agreement, (c) any and all
obligations and liabilities of Party C occurring prior to the closing date,including,without
lirrutat�on,liabilities for breach of contract,liabilities arising in tort,liabilities for materials
sold or services rendered, liabilities to all other creditors, and all tax liabilities, including,
without limitation,liability for personal propertv taxes,transaction privilege(sales) taxes,
use ta�es and other excise taxes now or hereinafter imposed as a result of or in connection
with Party C's operation of the property, and (d) the presence or suspected presences of
any Hazardous Substances in,on or under Parcel C,released during the period of time that
Part� C has possession of, or ownership rights in, the Premises
TYus section is not in contravention of, nor does it operate as a waiver of, any
liability that may accrue under state or federal statutes
Section 9 Waiver
Failure by any Party to enEorce any right under this Agreement shall not Ue�-ieemed
to Ue a waiver of that right or of any other right
�� ' ��
12 - AGP.EEMENT SS BS PK JI��I
�s�-=+�xn �`�� �� �` ,— � �� � 1�'� .�� ..+`� �� ''�v ��
.--Q.'�.r.a� Y'L ��� �� r a�
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F ry f -
__ _Section-tO—Successors- - ------ ----- -------------- --- — ---- - —____�
�
The terms,covenants,and conditrons herein contained shall be binding on and ulure
to the benefit of the heirs, successors, and assigns of Party A, Party B and Party C
Section 11 Notices
All notices required or perrrutted to be given shall be in wrihng and shall be deemed
given and received upon personal service or deposit in the Uruted States Mail,certrfied or
registered mail, postage prepaid, return receipt requested, addressed as follows
To Party A Stacy Schlesinger
c/o SM Builders
11455 SW Shrope Court
Tigard, Oregon 97223-4071
With copy to Brent H Hall
Attorney at Law
111 SW F�fth Avenue, Suite 4040
Portland, Oregon 97204
To Party B Bret Swopes
9055 SW Burnham Street
Tigard, Oregon 97223
With copy to Arnold S Polk
5150 SW Gr�ffith Drive
Beaverton, Oregon 97005
To Party C Paul Krasausk
Joe Macharg,jr
15833 SW Misty Court
Beaverton, Oregon 97007
The foregoing addresses may be changed by written notice, given in the same manner
Notice given in any manner other than the manner set forth above shall be effective when
received by the party for whom it is intended
Section 12 Attorney Fees
If litigation is instituted �vith respect to this Agreement, the prevailing party shall
be entitled to recover from the losing party, in addit n to all other sums and allowable
;�� �J�
13 - AGREEMENT SS BS PK JM
� � ._..` � �'�'-•� ��F�� -�= �-- � =�,"�"�s '�G''c�.`��.i-�..�r'�C"�ir4�''" �
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��—a�_�^-�P '�"� � -�--w�"2"'�7£."� -°1_`?� c q� .;qs
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"'u'��—^z-5�� -�.��3_ --t+�.Z;=tz~�.er.�es�Yi��.�� Jc�F�"�i��'^�.c�-ee�a.' �h.c'�� _ -�.a-` _ �eie-di=��-s�+�-�,� �a
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---- --costs, its reasonable attorney fees, both in preparation for and at trial and any appeal or -- �—
review, such amount to be set by the court before which the matter is heard
Section 13 Counterparts, Pronouns
This Agreement may be executed in one or more counterparts,all of which shall be
considered one and the same Agreement and shall be effective when one or more
counterparts have been signed and delivered by Party A, Party B and Party C With
respect to any pronouns used, each gender used shall include the other gender and the
singular and the plural, as the context may require
Section 14 Governing Law, Interpretation
This Agreement shall be governed by the laws of Oregon In the event a court of
competent�urisdiction holds any portion of this Agreement to be void or unenforceable as
written, Party A, Party B and Party C all intend that (1) that portion of this Agreement be
enforced to the extent permitted by law, and (2) the balance of this Agreement remain in
full force and effect
Section 15 Time Is of the Essence
Time is of the essence of tl�us Agreement
Section 16 Authority to Execute
Each person executing this Agreement on behalf of each Party, respecti�ely,
warrants his or her authority to do so
Section 17 Statutory Disclaimer
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO ANY PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES
� ��
1� - AGREEMLNT SS BS PK J�I
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� 4 r' ���- -P , „�,��£x �
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aa _1�L3 ta9S'�� 'ac�.�i963�k_=�-x-a.`s�r ti�� ��'.c�.*:� �.
� � ��—•--,--'�t�°�
F
_ .
---� Section-38—Descriptive-Headings ------ --- - --- -- -- ------ - ------
The descriptive headings of the paragraphs of this Agreement are inserted for
converuence only and shall not control or affect the meaning or construchon of any
provision hereto
Executed on the day and year first above written
PARTY A
a y S ger
PARTY B
,
�
�--
Bret Swopes
PARTY C
��G�<
P ul Krasausk
joe Macharg,Jr
—�—
15 - AGREEMENT SS BS PK JM
t �
Transnation TRANSNATION TITLE INSURANCE COMPANY
AUNO�YE�I[ACDU�ANY 5933 NE Win Sivers Drive Ste 300
Portland, OR 97220
Phone (503) 262-4714 Fax 262-4697
Transnation Title Insurance Company
Jerry Bales
12360 East Burnside Street
Portland, OR 97233
Date Prepared December 4, 2002
ORDER NO W312935AT
PROPOSED PLAT
TITLE OFFICER CONTACT
Kathy Roberts, Advisory Title Officer (503) 262 4657
SUBDIVISION GUARANTEE
TRANSNATION TITLE INSURANCE COMPANY
GUARANTEES
The Oregon Real Estate Commissioner and any County or City w�thin which said
subdivision or proposed subdivision �s located
That, accordmg to the pu6lic records which impart construct�ve notice of matters
affect�ng title to the prem�ses hereinafter referred to, we f�nd that effective as
of November 20, 2002 , the last deed of record runs to
PAUL KRASAUSK, JOE MACHARG, JR AND CAROL E TOTORICA, each as to an
undivided interest, as tenants in common
The prem�ses are described as follows
As fully set forth in "Exh�bit A" attached hereto and by
this reference mcorporated herein
This �s not a report issued preliminary to the issuance of a title insurance policy The
use hereof is mtended as an informational report only, to be used in con�unction with
the development of real property Liability hereunder is I�mited to an aggregate sum of
not to exceed S 1000 00
(contmued)
/ ■
Order No W312935AT
EXHIBIT "A '
Legal Descr�ption
The East 75 00 feet of the West 525 00 feet of Lot 11, GREENBURG
HEIGHTS ADDITION, in the City of Tigard, County of Washingtoa and
State of Oregon
SUBDIVISION GUARANTEE DATED December 4, 2002 ORDER NO W312935AT
We also find the foilowing apparent encumbrances, which �nclude "Bianket
Encumbrances as defined by ORS 92 305(a), and also easements, restrictive
,.
covenants and rights of way prior to the effective date hereof
1 Municipal liens if any imposed by the City of Tigard
2 Trust Deed including the terms and provisions thereof,
Dated August 27 2002
Recorded September 16 2002
Recorder s Fee No 2002-107516
Grantor Paul Krasausk and Joe Macharg Jr and Carol E Totorica
Trustee Lawyers Title Insurance
Beneficiary IndyMac Bank, F S B a federally chartered savings bank
Amount $100,000 00
Loan No 1796728
NOTE 1 Taxes paid in full for the year 2002-03
Total Amount $1 600 31
Levy Code 023 74
ACCOUnt No R273812
Map No 1S135CC-03100
We have also searched our General Index for �udgments and state and federal tax liens
agaa.nst the grantees named above and find NONE
FND OF REPORT
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MO�TN �INI /ONN L MICL�IIr 0 L C
E MAP �
S I 2 BB
THIS MAP IS PROVIDED AS A COURTESY OF TRANSNATION TI7LE INSURANCE COMPANY �
This map is made solely for the purpose of assisting in locating said premises and the Company assumes ��
no liabiliiy for variations if any in dimensions areas and locations ascertained by actual survey
r
lssueu Bv GUARANTEE
TRANSNATIONTITLEINSURANCECOMPANY CONDITIONS AND STiPIILATIONS
Transnation
A 1 ANUAMERICA COTIPAN\
1 DEFINITION OF TERMS 6 LIMITATION OF LIABILITY PAYMENT OF LOSS
The following terms when used in this Guarantee mean (a) The liabdity oF the Company under this Guarantee shall be limded to
(a) land The land described specifically or by reference in this the amount ot actual loss sustained by the Insured because of reliance
Guarantee and improvements affixed thereto which by law constdute upon lhe assurances herein sel forth but in no event shall such
real property liability exceed lhe amount of the liabllity stated on the fece page
(b) public records Those records which impaA constructrve nohce of hereof
matters reladng to said land (b) The Company wdl pay all costs imposed upon the Insured in litlgation
(c) date The effechve date camed on by the Company for the Insured and all cosls and
(d) the Insured The parly or parties named as the Insured in this attomeys fees in IiGgat�on carned on by the Insured wdh the wntten
Guarantee or in a supplemental wnting executed by the Company authonzahon of the Company
(e) mortgage Mortgage deed of trust trust deed or other secunty (c) No Gaim (or damages shall anse or be mafntainable under this
instrument Guarantee (1) if the Company after hawng received noUce of an
alleped defed lien or encumbrance not shown as an Exception or
2 EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE excluded herein removes such defect lien or encumbrance wnthin a
The Company assumes no liabiliry for loss or damage by reason o(the reasonable time after receipt of such notice or (2) for habiliry
following voluntanly assumed by the Insured in setlling any claim or swt�nnthout
(a) Taxes or assessments which are not shown as ews6ng liens by the wntten consent of the Company
records of any taxmg aulhonty that lewes taxes or assessments on (d) All payments under this Guarantee except for attorneys fees as
real property or by the public records prowded for in paregraph 6(b)hereof shall reduce the amount of the
(b) Unpatented mming claims reservahons or exceptions m patents or m liabdity hereunder pro tanto and no payment shall be made without
Acis authonzing the issuance lhereof water nghts claims or title to produang this Guarantee for endorsement of such payment unless the
water Guarantee be lost or destroyed in which case proof ot such loss or
(c) Title to any property beyond the lines of the land expressly described destrucdon shall be fumished to the satisfaction of Ihe Company
in the description set forth in the Guarantee or title to streets roads (e) When liability has been defindely fixed in accordance with the
avenues lanes ways or waterways on which such land abuls or the condrtions of this Guarantee the loss or damage shall be payable
nght to maintain lherein vaults tunnels ramps or any other structure within thuty days thereafter
or improvement or any nghts or easements therein unless such
property nghts or easements are expressly and specdically set forth in 7 SUBROGATION UPON PAYMENT OR SEfTLEMENT
said descnption Whenever the Company shall have seNled a claim under this Guarantee all
(d) Defects liens encumbrances adverse claims against the htle as nght of subrogation shall vest in the Company unaHected by any act of the
guaraMeed or other matters(1)created suHered assumed or agreed Insured and d shall be subrogated to and be ent�led to ali nghts and
to by one or more of the Insured or(2)resuNing in no loss to the remedies which the Insured would have had against any person or property
Insured m respect to such claim had lhis Guarantee not been issued if the payment
dces not cover the loss of the Insured the Company shall be subrogated to
3 PROSECUTION OF AC710NS such nghts and remedies in the proportion which sa�d payment bears to Ihe
(a) The Company shall have the nght at its own cost to ins4tute and amounl of said loss The Insured if requested by the Company shall
prosecute any action or proceeding or do any other act which in its transfer to the Company ali nghts and remedies against any person or
opinion may be necessary or desirable to establish or confirtn the property necessary in order to pertect such right of subrogation and shall
matters herein guaranteed and ihe Company may take any permit the Company to use the name of the Insured in any transac�on-or
appropnate action under the tertns of this Guaranlee whether or not it lingation involwng such nghts or remedies
shall be liable thereunder and shall not thereby concede liability or
waive any pro�sion hereof B GUARANTEE ENTIRE CONTRACT
(b) In all cases where the Company does so insUtute and prosecute any Any action or achons or nghts of ac6on that the Insured may have or may
action or proceeding the Insured shall pertnd lhe Company to use at bnng against the Company ansing out of the sub�ect matter hereof must be
ds ophon the name of the Insured for such purpose Whenever based on fhe provlWons of this Guarantee
requested by the Company the Insured shall gNe the Company all No prowsion or condiLon of this Guaranlee can be warved or changed
reasonable aid in prosecu6ng such acGon or proceeding and the except by a wnUng endorsed or attached hereto signed by the President a
Company shall reimburse the Insured for any expense so mcurted Vice Presidant the Secretary an Assistant Seuetary or other valldating
o�cer ot the Company
4 NOTICE OF LOSS-LIMITATION OF ACTION
A statement m wnting of any loss or damage for which it is claimed the 9 NOTICES WHERE SENT
Company is liable under this Guarantee shall be fumished lo the Company All notices reqwred to be given the Company and any statement in wnUng
v�nth�n sixty days aker such loss or damage shall have been detertnined and reqwred to be fumished the Company shall be addressed to it at the office
no nght of acuon shall accrue to lhe msured under this Guarantee unLl thuty which issued this guarentee or to the Company at 101 Goteway Cenlre
days aker such statement shall have been furnished and no recovery shall Parkway Gateway One Richmond Vvginia 23235-5153
be had by the Insured under this Guarantee unless acbon shall be
commenced thereon v�nlhm lwo years afler expira6on of said thirty day 10 The fee specified on the face of this Guarantee is the total fee for title
penod Fadure to furnish such statement of loss or damage or to search and exammahon and for this Guarantee
commence such action Nnthm the hme herembefore specdied shall be a
conclusrve bar agamst maintenance by the Insured of any ac�on under this
Guarantee
5 OPTION TO PAY SETTLE OR COMPROMISE CLAIMS
The Company shall have lhe op4on to pay or setlle or compromise(or or in
the name of the Insured any daim which could result m loss to the Insured
vnlhin the coverage of this Guarantee or to pay the full amount of this
Guarantee or if this Guarantee is issued for lhe benefit of a holder of a
mortgage the Company shall have the option to purchase the mdebtedness
secured by said moAgage Such purchase payment or tender o(payment oF
the full amount of the Guarantee shall termmate all liability of the Company
hereunder In the event after notice of ctaim has been given to the
Company by the Insured the Company offers to purchase said
indebtedness the owner of such indebtedness shall trensfer and assign
said indebtedness and the mortgage secunng the same to the Company
upon payment of the purchase pnce
Guarantee Coadihons and SUpula4ons
Form 7150-14 ORIGINAL
P
ADJOINING
DEEDS
W312935AT
I
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— - _ -��:��_ ���.-���.� .,,_�__ _ a
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��-� r e
"'� Clorle A Chevrz nnd Rodolfo S Chnvez ns tennnts bv the enriretv
� r c.,!I Grentor
��� con� }`and�arra�i to, BEPHARDINO TRUJILLO AI70 LVn C T�ZU.7ILL0. HUSdAIvD AND WI�E.
rn � Grr�nlee -
� dic(ollowmg descnbed real properly free of heiu und enrumUrunces c:apt aa speciGcul(y tcl fortlt hcrein _
' � �� Seo Exhibit "A for Legnl Doseripeloo -_
� r- �Q
� � l>>...I �TOH LOUHTY _
� CJ� /'`AL P��L fY T/7 A�f R TAX _
T�� - !( t q� �� �� -
R�ODrdlQQy � j,,,�! FTE Pa10
� FitlR�mrk7nTq1elniwsnuCOmGM'O1Qr1/LA
II}� ,� -7�4 a�� =
�� Th�i property is l�ee of lie�u mid encumbrrntes EXCEP f STA2UTORY POWERS AND ASSESSH�NTS OF
� UNIFIED SENEMGE AGENCI RICHTS OF PUBLIC IN AND TO TNAT PORTION OF PREHISES °__
� DESCRIB'eD k1EREIN LYINC l7I'lHIN THE LIMTTS OF ROADS SREETS OR NICHUayS EASEMENi Rf
KEGORDFD 4 16 87 IN EOOK 639 PAGE 347
c
� TH1S INS7RUMEM'W1LL NOT ALLOW USC OF THE PAOPERTY DESCRIBED IN THfS INSCRUMtiNT IN �
VIOLATION OF APPUCA6LE LAND USE IAWS AND REGULATfUNS BEFORE SIGNITG OR ACCEPI'ING �'
THIS 1NSIRUMEM' 7HE PERSON A(,QUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK W(TH �'
� 7HE APPftOPF[ATE CITY OR COUNTY PLANNING DEPARTMEf�I'TO VERIFYAPPROVED USES -
Tlie Iruc crnuideral�nn for Ihia tonveynnce�s 5 91.p00.00 (I Icrc wmpl �rdh ihe rcqwremenis uf ORti 93730) ��
� � o
� Dated llus�day of� 17 93 �
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o �u�dcrs�grred u Nolary PitLle ui vnd�orsaiJ Coio�ly und S(urr perraiull uppeumd l4c��ulw��iaixrd
� RODOLFO E GNAVF2 AND GinR2A�. CHAVG7
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�_ u�onn Io me Io be Uie(den7�eu(vfd�vi�ua!S_dricnbrd ui uud i�6o eaetuted Il�e utUiui ui�UUUUn!und ucMowledgid(o
nic Umt THEY r.�inui d Um winc/rt�ly und voG�nfartly
� � lN TEST/MONY fVH£R£OF//mi�h�n iuuo cc(uiy hruid and uJfi�rd nt�o�cml rcul Ihc day mtd ycur trul abovc
e ��rutwi �
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V �
' Tide Or er No 34217 �
EscrawNa 93040720 THISSPACERESCRVEDFORRECORDERSUSE
Afqr rBCOlding�olum lo
i
, Bernardtno Tru11110 I
' 10030 SW Ti aid Sereet �
� T1 ard OR 97223 �
p wmo Addnu�D �
Unt�a ehsnGe If request�d al1 V;alatemenU sh�Y ba sanl
to lho Iollowinp oEdras�
N
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o`�-,S arder No 734213
#r7a r
� EXHIBIT A
�� r A parUo�of Lot 11 GREENBUAG HEIGHTS A061TION In the County of Weshington end Sleta of Orepon
``{ � desctlbed as followe F
�` �� Beglnning et a polnt an She South Ilne ol sald Lol 1 t whlch bears 626 toet Eest(rom the Southwast camer �
� ��� 1 of eald lot thence Nonh elonp the Eest Ilne of that ti aet descrlbad ae Parcel I ln deed to Kay W LNtn�stor
� sl urc �ecorded In Book'1ae pega 2�6 a dlsWnce o1401eet to the Soulhwnst corner of that t'acl descrlb�d i
� es Parcel II In eald deed lhence Soutb 89 57 Eas[elong the South Ilno of eald Parcel II a dlstan:e o(40 _
feet thonce contlnulnp elonp Iha Soulheaste�ly Ilne nl sald Parcel If a dlstnnce o119D leet,more or lese
^ to the most Eeet9Ay eomer o�eeld pereel being a polnt on the West Ilne a[S W Tlgerd Slreet ihane0
� r- Southeeetedy alonp the West Ilne o} S W Slgard St�eat a dlstance o� 2�0 teet moro or less to lls =
Z Interseetlon wlth the Soulh Ilne of Lat 11 thence West along eald South Ilne a dlslan�e af 300(aet more `
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A' STATE OF OAEGON � �
� - Counly ol Waahlnpton SS 6
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1 JettyRHa�son Duec�ar ot 0.scessisient
� and toxotlon and Ex-bflldo Aucordor of Con I�
� �eyarres lor sald tounry do here cortlfy �
thot lhe vAtNn Insfrumenl vt vml�np wes
reeelved and raeorded in book af recade of
4� sa�d caunry �
� Jorry R. Fian9on Dlreclor ol
Om b GountYe C erk u0n Ex
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�' Doc 93045671
�� Recr 301591 129 00
05l11/1993 10 4'� 39AM
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6TATE OP OREOON l 8S
�ounty of Wrrhlnbton�
� �� r of Asaer
ment�andry n�N lo County
rtlfy that
Clerk for eeelwd
1he wll R�N ay ot u�ld
9nd �6 � � r,p .�,
oountY k 6�'���
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DoC 98128462
Rect 220619 41 00
11/16/1998 11 21 93am
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� b �,' ~ STATUTORY WALtItANI'�'D�ED
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� • ,oraator
� araatee,
�voy��adwunnts tc � �cdly tct forth hereia
the folbwla8 d�lbed t�al ptop�Y�+to ot Iluu aad eocumb�meu,e�P� �
� �R yg�pL DSSCltIP1'ION SSE EXHIBIT "A" ATTACH6D HE[tETO
ti
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� T�L preperly�s&ee oY lun�sad euwmbraocea�EXCEP'P
� � TfiiS IlVSTRUMSNT�LI.NOT AL1AW 138E OF THS PROPER'PY DESCAIBED fN THiS 1NSTRUMBNf 1N
VIOLAI'ION OF APPLICJWL��D US8 I�WS AND REdULA'TIONS BBFORB�PROYED USPS AN�T�
THiS INS'1'RUMENT THS PERSON ACQp lR�l�NFE�PAR7'AiE1VT TO�pR1FY S�iOU���ED IN
THE APPROPR[ATE CiTY 4R COUN7'1'
DETERM[NB APIY LIMITS ON LAWSUITS AQAINST FARMINd OR FORFS7 PRACITCPS
ORS3�.93� ^O� Heiacom I withtho vlmmentsofORS93
Tbo Wz coas��raUOU fot thu eoovay+nce ir S
fior _39�—
Dated thu�2--d�Y��
p� MARIS RIISB
� T �"�' •o —
5Ti1TE OF OREGON
�Of neeutuMON }SS
�,af��,g�,er _�,,l948�,6ejon n„fhe
BE IT REMEMBFRED,T1iat vn thu�S� persara«y aPPtatd fha wuhin na++ied
�duslgritd,a NotaryPubUc(n ond for,rad Counry
1o�own ta me to be fhe rdenticd indaidual�dercn6ed ut ard+vho eur fha wltNL►u�rdumurt and acb+ !o ew dg�ed W
liF• _tZttYkd iht dC»IC fi[e1y 0nd lunta�j' �y claJ scat rhe day and yeru/art above
"�`�'°` TyHEREOF I hove hemuuo�+�+y H�a�^
IN Tb'STIMON�' ��
�((ca �
BFX
� otory PublFc for Oreg�w�
oLOA�IA w1� � a �� 2�a2
�ta.910Q7'9 11�Y Comnnsrlon aP
H1 COAYII�MEI{MRES�fO�
I
'I1tle Ordu No 863570 THiS SPACE RESER�D FOR KECORDBR S USE
��,Na 98042681
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Order No 863670
EXHIBIT'A
A porilon of Lot 10 aREENBURG HBIGHT6 ADDITION In the Cfty ol Tlperd County o}Waehlnpton and
State of Orepon deacribed a4 tdlawa to-wlt
BeQlnnlnp at a polnt on tha West Ilne of Tlyard Street(County Road No 67)160 feet North of the South Ili�e
of sald Lot 10 when measured et d9ht anplea to ihe South Ilna o1 eald Lot t0,thence Nodh 89'87 We9t
t diitanca of 200 feet to a polnc Ihonce 3auth parellei wRh the West Ilne of oald lot i0 7b foet to the true
polnt ot bepinnlnp thonce South 89'b7 East to a point on the West Ilne ot Tlderd Street ihev�ce
Southeastedy alonfl the WeW Ilna oi T{pard Street to Ite polnt ot Intereectlon wlth the Sauth llne�of oald Lot
10 thence Westedy elonp the Soulh Iine ot sald Lot to to a polnt due Soulh ot the point of bepinnlnp,
then�e Nonh 76 foet,more or less to Ihe true polnt of bealnnlnp
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��� STATE OP OREGOH � �
0 \��, Cwnty of Wuhington
� ��\ 1 Jerry F Hefison bM6�ior o1 0.�sesa
mart and Ta�qaf dnd Fx(Mklo CowN
C�erk fa ee�d �8o fMVby c+auN uY+�
nop�QMp ntum Ep (NN�M,Add(M�Lp) the wlt'W�m5� W W recalvat7
and a�wd in p4ok ot r pt aa.�d
Bnt9wo�s------------ ------------- c�,,nty� M'F�a , �'I�r�
10173�W IcathMln��trM1------------------ `,*�
------
-- ud OR Y722] --- � • �
-�---------------------------- F �. / /
Wl�MiN�M11d MI�l�t�nrnb b \t�a0A �7lrecta o1
�.Addn�� Z1P) � �y�tla, r,�
Bnt9wo�,__________________________ Doc 2001063395
101�5 SW KNh��tn�Slrwt
TI nd OR 972�] Rect 282102 174 00
--� - --------------------- ---- ��� 06/29/2001 02 O1 03po
WARRANTY DEED
(Individual Gra�to )
James Sang and Trudi L Cieveland Sang as tenants by the en� ary Grantor oonveys and warrants lo Bret
� Swopes and Lmda S Swopes as tenants by ihe en��rety Grantee the following described real property 6ee
of encumbrances except as spe�afically set Forth herem s�tuated mWashington County Stete ot Oregon
� descMbed as(ollows to-wit
(� See aHached Exhibit A
N
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� WASMINGTON COUHTY
F �y7a�rr �� r0�
� FEE PqID DATE
a
e
3
�The property is free from encumbrances except(d rone so state) The herein desrnbed prem�ses are
wdhin the bo�ndanes of and sub�ect to lhe statutory powers including the power of assessment of the
Urnfied Sewerage Agenry
The truE consbera�wn for this wnveyance is$146�00 QO (Here compl;wnth the requirements of ORS
93 C�0)
Dated Jine 27 2001
THIS INSTRUMENT WILL NOT AL�OW IiSE OF TlSE PFOPERTY DESCRIBED IN THIS INSTRUUIENT IN NOLATiON OF
APPLIGABLE LAND USE LAW8 AMD RECaULAT10F1S BEFORE SIGNING OR ACCEPTING THIS INSTRUYEMT TME PERSON
ACCUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE C17Y OR tOUHTY PLANNWG
�EPARi1NENT TQ VERIFY APPROVEII USE9/WD TO DETERY NE ANY LJ6i1T5 ON LAWSIlfTS AGIUNST FARNING OR FOREST
YRACTICES AS DEFlNED IN ORS 30 83Q /.
/� s �v / i
�� �
, �t�i� �� , " ` �s
James Sang \...Irv'di L CleJeland ang
�/ �
State of 3regort,County of Washington)ss
I certify that on June 27 200I I know or have sasusfactory evidence that James Sang and Trudi L Cleveland
Sang are the persons who appeared beFore me and said persons acknowledged that they signed this
instrument and acknowledged it to be their free and voluniary act for the uses an rp s mentioned in
th�s nstrument
L�CL. ` �
Notaty lic�n and for the State of Or n
oFF�v�se„� ` My missbn expires January 74 2004
LISw iAE01NBUR0
� NOTAPV PUBIIC�iEGQN
COMtrx55iON NO 729SR
MYCOrdr.t�SSiOnE*PaESUW�nR�'2� ZOW
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EXHIBIT"A"
Eest 75 feet of thc+West 450 leet of Lot 11 GREENBURG HEIGHTS ADDITION m the Clty of Tigerd
County of Washinpton and State ot Oregon
�
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s �pW IN.T73-4WNM FNO MG CUD{I eer�wM ww R�w4 u.rv�a
g �� -�"--`��---=� -T-��-� 3 30 86463
u,�.w,w�s.0 o� w..n�n�,co�n�
� K1VGW ALL MSN B} tXLSE PRXSENTS That__W34LTEA ROY ZWINGLI �
� - -- - ^---~ - ---_.. _.�. _ .�.. - - -�._ _..._..._ __ herelnaftu c+lled/rsnear,
!or tlu coratder�Oron heroineffer��ted does herebr Qranr bar�a�n ull aad oon�ey unto
FR�A HAOORER and HARRIETT HROOHER � _,___ _ _ _
her�lruJter ui7�d aranle� �nd vrdo ararle��huri suocesaon end awgna d1 of flu�t cartun rcd properly wdh!ho
lsnsmeMa 1»reditunenlr snd appurlenartua tlureunto befor�ju�or ia wty�ma��pperteirot� a�tuelad rn the County
d __ __.State o!Ofe�on,�esct�ed a�lollnwa,to w�t
Baqinninq at e point on the North Iine of Lot 11, GREENBU$G AEIGtiTS
w� ADDITION, WA9lu.ngton County, Oregon, that bears Sou�h S9 -
� 57' East 525 0 feet from the Northwest corner thereof, thence
o South DO° 45' East parallel with tne W�st line of said Lct l.t,
N I6u 0 feet ta a poant, thence Sauth 89 57' Ezst 40 feet to a paznt,
.— I being tAe txue 8oint of beginning of the tract her�in desrribed
o thence North 89 57' West 40 feetJ thence Norch 00 45' East '
parallel arfth said h'esterly line 160 feet to a point na the rlorfh
line of said i,ot 11, thence South 89� 57' East alonq eaid North
line, to the poznt of intersection with the West line oE S W
Tiqnzd Stxeet thence Southcasterly along sa�.d Westerly 1_ne 136
feet to a point, thence Southwesterly to the true point of
beq=nning
�G �
! { � �
I P�vncr a+aur�uwf toHnuue otsa�moH oH�tnssc s�W �
To Heve and fo Hold tha aems unto tha sad Qr�rrtee end�rantea a hut� suxessors end eur�ns lorever
� Ths trve Rnd ettuel matvdeteLOrt pa�d lar tlur lrenster :telad�n terau af dollara �a,t�2�$0� �Q
mTf�s�rR°d�.aeksi�woes�s�oeevel���eed�nteiha[eA�PiiSaJer���nc=pmmuooE.sxtrr6�e � '
� �r
� �� srrFaT '����a�e�����(��nfenwbef�tArry��6olsO�fnotipplrea6ka5oulCDed�lsndS.�OR59t0301 °�s~
!n aomtrurrt�flus dad er�d w1�ero tM contest so reqwrea the f+n�uler rncludes the plure/end e�!prernmahul �
I cher�$ea ahel!bp tatplud!o mako Ne prvnaons huroi eyply�7{r�tlly fo pp,t�e4oru and ta�ndmdueh Y
lnW�taee�tWhsreof,fhegrantorh�seYetutedllvaumtrumentfhia_�?��of _��.$tember _ 19�3
�f�ooryora�e ar�ntar rt haa cstned its nm�e io be sr�ned and rts ua1�flr:ed by an dhcer or other penon duly aulhor �i �
Iued to do w by ordsr af ifr bosrd d d�reclon, - - A --__ I �. -
1'IItS IN37AUY[NT WILL MOT AL10W USE 6i 7HL PROPERf'f DE �l�� I
SCRIBm INTHIS INSTRUNENT IM VIOUTION Of Al/LICA9LE LAJID
USS UWS AND REGI1lATI0Xi lY/OkE SiGNIMG OR ACCEPTING «�7ER R�Y ZWI I
THIS IHST@IINTNT THE ►ERSON ACGUIRING FEE 71TIF 7C iME --- --..��.,.__ �..
pRO�[RTY SHCL[D CXLCK W17H iHE APPRO►AUTE UTY OR �' �� -�'
LOUHTY PUMNI].G DEMIRM[M TO V[IIIFY AP�ROYED USI.S, �� �W�����^ _ __ _ T _ "` � '
Y
STATEOFOREGON Cauntpol- YiA�h_a�na.tilL1_, ,,.� �s� ti '
Thr��ratrvmenf ass a�'.�owled(ed belora ms on�.$p.p�£��_,�,3 __..l9�� -
b7..._._.._IdIIl�rr Rnx 7,�.n--*+ri--=—' --_ -- _— _----
rht.Imrr,r�ene,.a.«k,wW��dqia adoro me a,_ .__ _ .W,�__,i9__.
b1_...__ _._._ -.,...._._......_., _ _....... �.._.. .. ..
ba _ ____ ,,,„_ ,,,
of...« .. ... ., _...�_.._..�._ ..._„_ .. _ �;
�..... _ QFRC+At.SEnZ- '`'�'
���.-�--.� �
" r --"SUSAR YAR �
� �-'"" NOTA o �CNUK f
-.•!'--r--'—.- '� CO�NI�..LIC ORECOIY
^ Nofary ubhc tor O Qon 14Y Cp7�N,�,����Mo 01as,7� � �� y
' ` � � �
�1fp obadrvumn erprrd��� 7 L _� Mf1'�7�g06
�lalter R Zwing2i '�
1�5Q0 S W FaCific Hwy, �143 �����Q� i � '''�' �
Ca+rtb o��I f �
P�A1���+nd,�re9on 97223 _ �vta� �.��
a�+�MTO�t e�wr'awe oois�s ��`7.
_Fre��r►dJlarrfetL�roo[cer__ ___
10050 5VI 'Cigard St ���O�Y����ty ��,,,,
Tigard,_ Ol��9722JwM, ��,ei.'_ — -- �'��a^4►ecxd�tth�a1��� s',�,�
�Ah.r�adWww..M ar�ci���a� �o �� -.�_ � �r
ro� �
��ames_Rey SLreinx ���,�A � ��t a �p," ` °�
' ��u�.°iwr.�iwi.h� $4��e ?Sv'.} _ �� �4f'Ot7ry�y/C� � - `�
Portland, OR 9120�._.� —- — '' -
xAwe�oo�au ai —�-' �� `t ���
1 •S'
Ynnl .I�ww 4�N wM�dl w�u�Fw�nti�MY M vM I�tY�hll��dlna ��r.��,ya'�"
Fred and Harriett Brnaker doc 93086463
10060�w Ttgard_St. _ Rect 1io179
Tigard. OR 97204---_ - _.-- - 10/20/1493 O1 06 4•PN �3 QO y„ !
_ M�Mt�DD�il�.Li ._._.__ y I — ___.._' ' � — ��,^,
� -- -- _�... `. .. a
VESTING DEED
AND
EXCEPTION COPIES
W312935AT
� y 6TATE OF OREOON �
�
County of WaWJnpton
I Jerry R Haneon,Dlroobr ol Aeseae-
meM end Twtbe and Ex-OMkJo Co�MY
CieAt fo�tald counlY do�araby Certlfy thal
lhe wllhin Inel►ument ol wrltiny wes recolved
and reoorde0 h��of te��d
counry `
�'--�'
,O Jorry R H�on D�rec�r of
Ateasemertsnd � �
� OfBtlo CowNY v'lerk
Doc 98024011
Rect 204775 38 00
'a0 03/13/1998 10 15 54a[o
oAH00�+
p�ARTf�71'OP
VBfPRAN9 APPA�B pbnrw�JurR.nr/u�tPqw'r1
-�..�������-����-������..^�����-����----�����---����--�-������������� �����--
SPECIAL WA►RRANTY DEED
wm � u
CZZ126 OR273812
The STATE OP OREGON,by and through che Dueaor of the Oiegon Depar►�nwt of Veterans'Affaus
grantor conveys and specialty warrants unto Paul Yrasausk Joe MacHarg,Jr,and Carol E Totonca
grantee(s) the follow�ng deACribed:eel propetty free of encumbrancee ciested or suffeted by the grenror
on ar before November 6,1989 except as specdically set forth henm s�tnsted at 10085 SW Kethe:me
Tigard Oregoa 97223 ia Wrshmgton County Scate of Oregon,to wu
Tlu East 75 fxt of the Weat 525 feet of Lot 11 (3REffiVBURG HffiGHTS ADDiTION,m the Cuy
of Tigerd County of Weshmgton end State of Ocegon
Th�s De�d�e g�vea m fulfiWneat of that cettau�Conaact of Sale daud IZovamber 6 1989,recorded
November 7 1989,�n 89 54019
SUBJF.CI'TO
1 Any taus foz 1998 99 when due or payable
2 Any Rtght of Redempnon as Provided by I�w
3 Regulauoos,uicladmg lev�es lucu asaesamenta nghts of way and easaneMS of the Unif"ud
Sewerage Agency
4 Ciry hens if any of the C�ty of Tigard
The we and acival cemtdesatton for th�e conveyance�S61 170 00
AEtI'ER RECORDINd RETIJRId TO Until a�ange�s requeated,a11 tax statementa shull be
sent to the foIIoamg add:ess.
TICOR 1TTI.E PAUL E KRASAUSK
8625 SW CASCADE AVBNUE IQI PO BOX 3931
BEAVffitTON OR 97008 BEAVPR'[�ON OR 97006
1'v2
]i�4wpa971
� �`A � •
i � �9QAL WARRAN�Y� �Ca�d�
�
C22126 OR2T3812
'PU HAYB AND'PO HaI.D es�d roal pmpeny uato aatd gramee(��theic heue aad aaofgae forever
`I��S INSIRUIVffi�iT WILL N�I'NSAW USS OF THB PROPS[tTY DBSCRIB�IIY'I'MS
1NS'TRU11�Nf W VIOIATION OP APPt1GA8LS LAND USB LAWS AIm REOUTATIONS
B BFORB 3I(iNIIVCi OR ACC�TIIV(3 THIS QVSTXUM�V'P,T�II.+PBRSON ACQ UIItINO PB8 TPl1B
TO 7iiB PROPSRTY SHOULD CF�CK WiTH TH8 APPROPRIATR QTY OR�OUNTY
PIANDRNd DBPARTIV�N't TO VBRIFY APPROVBD USB3 AND TO DS1'BRMIIVF3 ANY L�II19TS
ON LAWSiJPfS AQAIIdST FARMINQ OR FOREST PRACTICFS AS DSFIlV�II�f ORS 30 930"
IN WITNESS WEiP.REOF the D�ector of the Otegoa Departauat of Vuterena'Affe�s hae ceuaed theae
preaeots to ba axecut�ed thie Febcuary 23,1998 7Lo fo�sgo�ng mcual af conuderanou�S cnu ae I verlly
belleve
D�tectoz of Otegon Depencneiu of Vetorane'Affaits
gy ��'��i'i
Glut R Scboepp
Maoager,Accoants Semces
STATB OF ORSQON )
)es
Counry of Manon ) On February?3,1998
fhis matiument wes aclmowledged before me by the above named G1ut R Schnepp who�ersoneIIy
appeared and bemg fuat duly swom,d�d say thet he�s dnly authonxed w aiga tho fumgomg documem
on behelf of the Qngon Deparm�ent of Vetereas th o Dtnctor
Sefae me
IQotary Lc For Otegon
oFr�a�sea�
mrrM nnRUren
NOTAAY PUBLiC-0AFAON
C01�1 HO�OBi71
MYCOAdIiYSSWNEl�11�5fEalt 40pR
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3114W(�0.93)
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\\ u.w c�e.+ sen.�e u Mo��eMN
ms.00�e.oa a��.00 Tow■��+s o0
A[ter Recotdmg Please Recurn To IIIIII III IIIII I II II IIIIIII I I�I IIII II I II IIIII I I II)
IridyMaC BBIIk� F S B C/O DoC1IIilellt M3I1a IIt 00189038200�1075180180191
g�� 1 Jary Flunor4 Olndoref Anp�m�n�nd Taswon
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(CompanyNameJ doh�nbycotlfytlMth�w�Milnlnalium�ntafwrlUnp '
vw�no�lwd�nd ncard�d In tho boyY of ncord�af
ultloowrty 1L..�q.h �
r�+..�
(Name ol Msfuial PersarJ J�ry 0.H�n�on,Otr�cter un�mant�na ru�don
6a-0f}Ido Countlr OaM
155 North Lalce Avenue �
(Stieet Addressf
pasadena, CA 91101
(Crry stare Z1p Code)
Until a chauge�s requesced,all taz statements
� Shall be seut to tl�e Wlluwwg address
� 13880 SW Pacific Hwy
�' (StreetAddressJ
i Tiqard, OR 9�228
�
� (City State Z�p Code)
d
c�
� (Space Above Thrs L�ne For Recadmg DafaJ
Z
W DEED OF TRUST
�
Z
� DEFII�IITIONS
a�
� Words used in mulliple sechons of this docimient are defined below and other words aze defined m SecUons 3 11
13 1�,20 and 21 Certaw niles regarding the usage of words uscd m this document aze also pro�ided m Secnon 16
(A) "Security Iustruu�eut"means this document,wh�ch�s dated Augllst 27, 20o2
together with all Itiders to th�s docume�
(B) `Borrower",s Paul Krasausk atxi Joe Macharq, Jr and Carol E Zbtorica
Boaower is the trustor under this Secuniy Instniment
(C) '�Lender"�s IndyMac Bank� F S B , a fede,rally chartered savings ban}c
Lender�s a Fed�elal SaVings Bc�nk organized and exishng under the laws of
Ucuted States of America L�der s address�s 155 North Lake Avenue,
Pasadena, CA 91101
Lender is the beneficiary under this Sec�ty Instr�ment
I,oan No 1796728
Oregon Deed of Tnro4S�ngle Fomdy Paoale ModFreddu Moe WIFORM 1NSTRUI�IEIYT Form 7038 U VOl
—Tac Confet.uNCe SouACa,Lvc— Psge 10[l4 �aoo�ox oe�oo
�.���� i���es��i��t��� o��������� ��.
ZeOZ-le�si8 _
�-----
(D) "Trustee"�s L3wyers Tltle Znsurance
(E) "1Vote"means the pronussory note signed by Bosower and dated Auqust 27 r 2002
The Note states tbat Borrower owes Lender one hundred thausandDand NO/S��l 0,000 00
� �
plus interest Bocrower has promised to pay this debt tn regalar Penodic Payments and to pay the debt m full not
later tban �� 1, 2032
(F) "Propercv' means the properry that ts descrtbed below under the headmg `Transfer of R�gttts ui the
Property
(G) "Loan"means the debt ev�denced by the Note plus mterest,any prepayment charges and late charges due
under the Note and all smns due under this Secunty Insuument,plus mterest
(F� "Riders" means all R.iders to this Sec�mty Ins�ument that are executed by Borrowa The fullowu�
Riders are to be executed by Borrower(cheGc box as applicable)
� Ad�ustable Rate Rider ❑ Condommmm Rider ❑ Sewnd Home Rder
❑ Ballooa Ridcr ❑ Planned Untt Development Rider ❑ Biwcekly Paymcnt Rider
�] 1 4 Fauuly Rider ❑ Revocable Tmst Rider
❑ Other(s)(spectfyf
(1) `Appl�cable Law'means all controlling apphcable federal,state and local statutes regulations ordmances
.iud admmistret�ve niles end ordera (thnt heve lhe e!T'ec,t uf law) as well as .ill dppLc.,blc fin.il, nun appeelable
��cial opmions
(,n `Commumt� Assoc�atton Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condomimnm assoc►ation,home.owners association or
siuWaz orgawzahon
(K) "Electrumc Fuuds Trausfer" means any transfer of fun�i.i, olher lhen a transact�on urtgin.sted by�hc,�k,
draft or s�milar paper mstrument wh�ch�s m►bated throueh an electromc ternunal telephonic rostrument computer
or magpene tape so as to order mstruct,or authonze a finane�al msntution to debit or cred�l an account Such term
includes bu[ is not l�ted to pomt�f sale transfers au[omated teller machme trdnsactions transfers mitiated by
� telephone w�re transters and automated cleannghouse transfers
� (L) "Escrow Items'means those items that aze descnbed tn Sect�on 3
(M) "NLscellaaeous Praceeds"means any compensahon, settlement, award ot damage� or proceeds paid I�y
I any thad parry(oWer than msurance proceeds paid under the coverages descnbed m Section 5) For {►)damage to
or destruchon of, the Properry,(u)condemnanon or other talang of all or any pazt of the Property (iii)conveyance
�n l�eu of condemnation or(rv)nusrepresentations of or omtssions as to the value and/or condittou of We Property
�I (N) "Mortgage Insurance"mcans msurance protecting Lender agamst the nonpayment of or default on the
I Loan
� (0) "Penodu PaymenN'means the regularly scheduled arnount due fnr (�) pnncipal and ►nterest under the
Note plus(i)any amounts under Section 3 of this Security Instrument
Loan No 1796728
Oregoc Dad o1 TrwRSmgle Fam�ly Foa�ie Mae/Fredd�e Mae UNIFORM INSl'RUMENT Form 3038 Ol/01
� —THS CoMri.ur�es Souats,Inc— Page 2 0(14 i+aaon owo
�. ����� i,v��oomo���in�� o�o T��a�w��s��
2002-107516
(p) "RESPA" means the Real Eshete Settlement Procedures Act (12 U S C §260] et seq) and its
�mplementing regulacioq Reg�laUon X(Z4 C.F R Part 35UU) as they aught be amended from tune to time or any
additional or successor legislation or regulation that governs the same sub�ect matter As used in ttus Secunrv
Inst.nm�ent 'RESPA refeis to all reqwrements and restr�ctions Wat ue imposed m regard tu e federally releted
mortgage loan even if the Loan does not quahfy as a'federally relaied mortgage loan under RESPA
(Q) "Snccessor�n inierest ot Borrower"means any parry tbat has taken title to the Property whether or not
that party has asstmied Borrower s ubhga�un�under the Note and/ur this Secur�ty[nstcument
TRANSFER OF RIGHTS IN TF�PROPERTY
This Seauity Inswment secures to Le�er (i) the repayme� of the Loaa, and all reae.vals extens�ons 1nd
modiLcahons of the Note and (u)the performance of Boirower s covenants and agreements under tlus Security
Instrument and the Note For this puipose Borrower urevocably grants and conveys to Trustee in mist with power
of sale,the followtng described property located m the County uf Washington
(Typa ol Recorduiq Junsd�cfion] (Name o/Recoidrnr�JunsdrebonJ
Legal description attached hereto and made a part hereof
Parcel # R273812
�vhich cucrently has the address of 10085 5outh West K3thex'llle Street
�svaer�
Portlalld ,Oregon 97223 (`Property Address )
Ic�ry) (Lp CodaJ
TOGETI�R WITH all lhe impruYements nuw or herealter er�x.teci on the property and all easements,
appurtenances and fixtures tu>w or hereafter a part nt the praperty All replacements and adddions shall also be
covercd by this Secunty Instrument All of the foregomg is referre�to m th�s Secunty Instrument as the Property
BOR.ROWER COVENANTS ihat BoIIOwer is lawfully se�sed of the estate hereby conveyed and h�s the
nght to grant and convey the Property and tbat the Property us unencumberod except for ene�brances of record
Boaower warrants and w�ll defend generally the tiUe to the Ptoperry agamst all clauns and demands sub�ect to any
encumbrances of record
THIS SECURITY INSTRiJMENT combmes umform covenants for nahonal use and non umform
covenants with Lmtted variahons by�unsd►cGon to constttute a umform securtty ms�trt�ent covenng r�sl property
LTNIFORM COVENANTS Hotrower and Lender covenant and agee as follows
1 Payment of Pnunpal, Interest, Escrow Items, Prepayment Charges, attd Latc Charges
Borrower shall pay when due the pnncipal of and tnterest on, the debt evtdenced by the Note and any prepaytnenl
chazges and late charges due under the Note Borrower shall also pay fimds for EsQOw Items pursuant to Section 3
Payments due under the Note and th�s Scciuity Instnunent shall be made m U S cu[rency However �f any check or
Loan No 1796728
Oregon D«d of Trwt Single Pam�ly Fanme,NadFrnld'ie Mse UNiFORM IlYSTRUMENT Form 3038 01/01
—1'HE COMPLIANCT SOUACY,INC— Page 3 0(14 �motOR udo�
vw�rmmpi■neuwre mm I�����YII�I��I��� 02000 Tha C uqlnne Sou«Inc
I��III-107516
2
other mstrument received by Lender as payment undet the Note or th�s Secur�ry Instrument is rehuned to Lender
unpaul,Lender tnay reqwre that any ur all subaequent payments due�mdez the Note nml ttus Security Instrument be
made m one or more of the follnwmg forms as selected by Lender (a)cash (b)money order (c)certitied check
bank cheds, tre�surcr s check or cashier s check, prov►ded any such check �s dtawn upon an mstitution whose
deposits are msured by a federal age�y mstrumentality or�uty or(d)Electromc Funds Transfer
Payments are deemed received by I,ender when recerved at the locaUon desi�ated m the Note or at such
other locahon as may be designated by Lender m accordance wdh the notice provisions m Section 15 Lender may
ceturn any payment or paiUal payment if the payment or partial payments ue imsufficient to brmg the Loan cwrent
Lender may accept any payment or par4al payment msuflic�ent to brmg the Loan current, wrihout ��ver of any
r�ghts hereunder or pre�udice to�ts nghts to retuse such paymern or parhal payments m ehe tuture hut[.ender is not
obhgated to apply such payments at the time such pavments aze accepted if each Periodic Payment is applied as of
its scheduled due date theu Lender need not pay �nterest on imappLed funds Lender may hold such unapphed
funds until Borrower makes payment to bnng the L,oan curreM If Borrower does �t do so w►thin a reasonable
period of timc Lender shall erther apply such funds or retum them to Borrowcr If not apphed earlier such tunds
will be appLed to the outstanding princ�pal balance under the Note immediatety pr�or to foreclosure No ofTset or
claim which Borrower mtght have now or in the future agau�st Lender shall reheve Bouower&om maktng payments
due under the Note and this 5ecunty Instnuntnt or pertornung the covenants and agreements secured by this
Secunty Instrument
2 Appl�cat�on of Payments or Proceeds E�ccept as othe[wise descrtbed m th�s Section 2 all payments
accepted and appl�ed by Lender shall be appLed m the followtng order of pnonty (a)mt�est due under the Note
(b)prmcipal due under the Note (c)amounts due under Scctton 3 3uchpayments shall be applted to each Pcnodic
Payment m the order►n wtuch it became due Any rema�ng amounts shall be apphed first to late chargea second
to any other amounts due under ttus Secunty Instrument and then to reduce the pnncipal balance of the Note
If Lender recerves a payment from Borrower for a deLnquent Period�c Payment which tncludes a sulficient
amount to pay any late charge due the payment may be apphed to the deluiquent payment and the late cl�arge It
more than one Per�odic Pdyment ia outstand�ng Lender may apply eny pdymenl rei.etved (rum Burruwer tu Uie
repavment of the Penodic Payments�t aad to the ertent that each payment can be paid m full to the ecte�u that
any excess exists aft�the payment is appl�ed to the full payment of one or more Per�odic Pa}�nents such ercess
may be appLed to any late charges due Volimtary prepayments shall be appLed fust to any prepayment charges and
then as descnbeci m the Note
Any appl�caUon of payments msurance proceeds or NLsccllaneous Procecds to pnncipal duc und�r lhc
Note shall not extend or postpone the due date,or change the amount of the Periodic Payments
3 Fuods tor Escrow Items Borrower shal]pay to Lender on the day Penod►c Payments aze due under
thc Note until the Notc is paid m full a sum(the Funds )to provlde for payment of amounts due for (a)taxes and
assessments and other�tems wh�ch can attam pnont�over ttus Secur�ry Instcument as a Len or encumbrance on the
Property (b) leasehold payments or ground rents on the Property if any (c,) premrums for any and ell m�ur�►n��
reqwred by Lender under 5edion 5 and (d) Mongage Insurance preuuums �f any or any sums payable by
Borrower to Lender u►l�eu of the payment of Mongage Insurance preuuums ►n dccozdance w�th the provisions of
Sectwn 10 These items .ue �alled `Escrow Items At on�nation or at any time duru�g the term of the Loan,
L,ender may require tbat Comummry Assoc�ation Dues Fees and Assessme�s if any be escro��ed by Borrower
and such dues fees and assessments shall be an Escrow Item Borrower shall prompUy futnish to Lendez all notices
of amounts to be patd under th�s Sect�on Boaower shall pay Lender the Funds for Escrow Items unless Lender
waives Borrower's obligat�on to pay the Funds for any or all Escrow Items Lender may wa�ve Bonower s
obhgahon to pay to Lender Funds for any or all Escrow Itcros at any time Any such warver may only be m writuig
In the event of such wa�ver Borrower shall pay duecdy when and where payable the amounts due for any Escrow
Items for wtuch pavment of Funds has been �vaived by Lender and �f Lencler reqwres shall furmsh tu Lender
receipts evidencuig such payment wit}un such tune penod as L.ender may requue Bonower's obLgahon to make
such payments and to provide receipts shall for all purposes be decmed to be a covenant and agreement contamed m
Loan No 1796728
OregonDeed olTrwt Su�gle Family Fanwe MadFreddublac UNIN'URM WSIRU�T"T Form 3038 UIlUl
—'I�i CoMeir,uves SoeACa,Lvc— Page 4 ot l4 »uo�oa oeioo
rvwv eamDl.meaaua mm I�����'n�����n,�I 02000 TEe Cou4lnrc Sou m Ine
W YI
ZeOa-30T316
ttvs Secunry Instrumenl as the phrase wven.int and a�re�ent is used in Sectwn 9 If Boaower is obLgatecl w
pay Escrow Items directly pursuant to a waiver and Boirower fa�ls to pay the amount due for an Escro� Item,
Lender may exercise ris ng,hts under Section 9 and pay such amount and Borrower shall then be obligated under
Section 9 to repay to Lender any s�ch amount Lender may cevoke the waiver as to any or all Esaow Iteau at any
time by a notice gtven u►accordance with 5edion IS and,upon such revocabon,IIorrower shall pay to Lender all
Funds and m such amounts that are thcn requued undcr ttus Sedion 3
Lender may at any tune collect and hold Funds m an amount(a)sutt"icient to pernut Lender to apply the
Funds at the t�me spei.�fied under RESPA, and(b)not to exceed the ma.�uutum amnunt a lendei�an ceyuue under
RESPA Lender shall eshmate t6e amowit ot Funds due on the basis of current data and reasonable esnmates ot
expendrtures of future Escrow Items or otherwise m accordance wrih Applicable I.aw
The Funds shall be held m an msutut�on whose deposRS are insiued by a federal agency,mstrumenlaliry,or
entity (�ncluding Lendu if Lender is an mshtuUon whose depos�ts are so�as�ued)or in aay Federal Home Loan
Bank Lender shall apply the Funds to pay the Escrow Items no later than the tune specified under RESP4 Lender
shal!not chazge BoIIOwer for holdm�and apply�the Funds annually analyzmg the escrow account,or venf'ymg
the Escrow Itelns unless Lender pays Borrower mtuest on the�nds and Applicable Law perrtuls L�nder to make
such a charge Lniess an agFeement�s made in wnt►ng or Applicahle Law requires mterest to he paid on the Cunds
Lendcr shall not be reqwred to pay Borrower any interest or evmngs on the Funds Borrower and Lender can agrec
m wr�tu►g however that mterest shall be paid on the Funds Lender shall give to Borrower without charge an
annual accountmg of the Funds as required by RESPA
If there is a s�[plus of Funds held m esaow as defined under RESPA Lender�6a11 account to Borrowcr
for the excess fiinds m accordance with RESPA. If there is a shortage of Funds held m escrow as defined under
RESPA Lender shall notify Borrower as reqwred by RESPA and Borrowec shall pay to Lender the amouut
necessary to make up the shortage in accordance w�th RESPA,but m no more than 12 monthly payments li there is
a deficiency of Funds 6eld ia escruw ds defined under RESPA Lencier shdll noufy Borrower a5 re.yutred by
RESPA en� Burruwer ahell pay tu Lender the amuunl nee,eaa�y lo m.sk� up lhe �efic.�en�y m ��wrdan�c wilh
RESPA but m no mnre lhan 12 monthl}payments
Upon payment in full of all sums secured by thrs Secunty Instrument Lender shall promptly retund to
i Borrower any Funcis held by Lender
i4 Charges Liens Bocrower shall pay all taxes assessments charges fines and impositio�s
� arirtbutable to the Property wtvch can attain prionty over thts Secunty Inshlunent leasehold payments or ground
rents on the Property, if any and Commim►ry Associaaon Dues Fees,and Assessments if any To the e�ctent that
these items are Escrow Items Boaower shall pay them in the manner provided m Sechon 3
� Borrower sball p�omptly drscharge any Len which has pnoniy over th�s Securdy lnstrument unless
IBorrower (a) agrees m wn4ng [o the payment of the obl�gavon secured by the lien tn a manner acceptable to
Lender but only ao long as Buirower is performmg such agre�ment (b)contests ihe l�en in good faith by, or
� detends agamst enforcement of the ]ien m, legal proceedmgs wFuch m Lcnder s opunon operate to prevent the
I enforcement of the hen while those proceedings are pending but only�mt�l such proceedmgs are concludcd or(c)
I secures from the holder of the lien an ageement satisfactory to Lender subordinatmg the hen to Uus Security
� Instnmient If Lender dete�vnes that any part of the Property is sub�ect to a lien which can attau�pr�oi�ty uver ttus
� becunty Instr�ent, l,ender may give Bonower a noUce identify�the lien Wittun 10 days ot the date on which
that notice �s given, Borrower shall sausfy the l�en or take one or more of the act�ons set torth above �n ttus
Section 4
Lender may reqwre IIouower to pay a one Ume charge for a real estale tax verification and/or reportmg
sernce used by Le�er m connect�on with this Loan.
5 Property Insurauce Borrower shall keep the t�tprovements now exisUng or hereafter erected on the
Property msured against loss by Fire hazards mcluded within the teim extended coverage, and any other ha�.u�l�
, mcludmg but not limited to earthquakes and}]oods tor wL�ch Lende[requires msurance Th�s msurance shall be
maintained m the amounts (includuig deduchble levels) and for the periods that Lender reqwzes What Lender
I�oan No 1796728
Orcgaa Deed of 7'ru�t-S�ngJe Fam�ly Fanuie MadFredd�e Mae IIN[FORM INSI'RU'1�II+.NT Form 3038 UI/U 1
—TH�CoMr[.uncs So[mca,INC— Yage 5 0[14 imo�oa uvoa
�.�eM�mm i,���da�a���v�� o��0 7������ ,
Z002-107516 _
----_---- ---
requues pursuant to the precedutg sent�ces can change durmg the term ot the Loan The �nsurance camer
provid�ng the msvrdnce shall be chosen by Borrower snb�ect to Lender s right to d�sapprove Borro��er s cho�ce
which nght shall not be exercised unreasonably Lender may requue Borrower to pay �n connecUOn w�th this Loan,
either (a)a one-time charge for flood zone determination, cutification and track�ng serv►ces or (b)a one t�cne
charge lor tlood zone detemunation and certification sernces and subsequenl charges each tune remappmgs or
s�milar changes occiu which reasonably migk►t at�'ect such detemunaUon or certificauoa Borrower shall also be
responsible for the payme�of any fees imposed by the Federal Emerg�cy Managemenl Ag�n�y in connect�on wilh
the rev�ew of any tlood zone detet�minahon resulhng from an ob�ection by Boirower
If Borrower fails to mamtazn any of the coverages descnbed above Lender may obtam►nsurunce coverage
at Lender s option and Bortower s expense Lender is under no obLgat�on to purchase any part�cul�rype or amount
of coverage Therefore such coverage shall cover Lencier but rrught or uvght not protect Borrower Borrower s
eqmty m the Prnperty or the contents of the Property agamst any nsk hazard or I�ab�Lty and uught provide greater
or lesser covetage than was previously m efCect Bo[rower aclrnowledges that the cost o1 the msurance coverage so
obtamed rrvght s��tficantly exceed the cost of msurance that Borrower could have obtamed Any amounts
d►sbursed by Lender under this Se�tion � shall become addilional debt of Borrower secured by this Sec►vtty
Instnmient These amounts shall bear mterest at the Note rate from the date ot disbursement and shall be payable
with such mterest upon notice&om Lender to Borrower reqnesttng payment
All msuran�e pultwea requueci by Lencier and renewel�uf au�.h policies shall be sub�ect t�Lender s nghl to
disapprove such policies shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an
addit��nai loas paycc Lend�T shall havc thc right to hold the pohc�es and cenewal�ertificates IF Lender reqmres
Boirower shall promptly�ve to Lender all receipts of paid preIIVUU�s and renewal notices If Borrower oUtains any
form ot msurance co�erage not otherwise reqmred by Le�er for damage to or destruction of,the Property siic.h
policy shall mclude a standard tnortgage clause and shall name Lcndcr as mortgagee and/or as an add�tional loss
payee
In the event of loss, Borro�ver shall gi�e piompt notice to the insurance carrier and Lender Lender may
make proot of loss it not made promptly by Boaower Unless Lender and Dorrower othenvise agree in wnhng any
�n�,�rance proceeds whether or not the underlytng uvsurance was requtred by Lender shall be�pplied to restorahon
or repazr of the Property if the restoration or repau�s ewnomically feasible and Lender s secunty is not lessened
Durmg such repait and restoration period Lender shall have the nght tn hold such msurence proceeds until Lender
has had an opportunity to mspect such Property to ensure the work has been completed to Lender s sat�staction
provided that such tnspect�on shali be undertaken promptly Letuier tnay d�sburse proceeds for the repairs and
restorat�on in a smgle payment or�n a senes of progress payments as the work is completed 1Jnlwss�n�greement is
made m wr�tmg or Applicable Law reqwres tnteres[to be paid on such msurance proceeds Lender shall not be
reqmred to pay Borrower any interest or eammgs on such proceeds Fees for publ�c ad�usters or other th�rd parues
retained by Bocrower shell not be patd oui uf the insurance proceeds and ahall be the�ole ublig,►tion uf Borruwer I£
the restoration or repa�r is not ec.onormcallv teas�ble or Lender s secunty would be lessened,the u�suranc�proceeds
shall be appLed to the sums secured by thts Secuctty Instnmient, whether or not then due wtth the excess il.lny
pa►d to Borrower Such msurance proceeds shall be apphed in the order provided for m Se�.t►un 2
If Horrower abandons the Property Lender may f►le,negat�ate and settle any avadable msurance claun and
related matters If Borrower does not respond within 30 days to a notice&om Lcndcr t6at the►ns�ancc carricr has
offered to settle a claiuti then Lender may negotiate and settle the cla�m The 30�ay per�od w►11 begin��hen the
not►ce is given In eriher event or if Lender acquues the Property umler SecUon 22 or uthetwise,Burruwer Lereby
assigns to Lender(a)Borrower s r�ghts to any msurance proceeds m an amount not to exceed the amounts unpaid
under the Note or this Securiry Instrument and(b)any other of Boirower s nghts(other than the nght to any refund
of une�ed preirvtmis paid by Borrower)under all ms�ance pohcies coveru►g the Propert} msofar as such nghts
are dpplirable to the coverage of the Property Lender may use the msurance proceeds eriher to repatr or resto�e the
Property or to pay amounts unpaid under 1he Note or this Secunty Inslr�ent �vhether or not then due
Loan No 1796728
Oregoe Deed o[Trurt S�e Famdy Faume MadFreddu Mac l]NIFORM INSTR[JMENT Form 3038 OLOl
—1'ru CoMr[,�ntvCE Souxc�,Inc— Page 6 0[ly iw�ioR odoo
wrv rnmOluoe aoure mm I�����I�������� 02000.The C eqL ec Saurea Im
z�z_�0,��8
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6 Occupaucy BoTruwer ahdll u�cupy,estabhs}t,and use the Property as Boiruwer s prm�ipal res�dence
w�thin 60 days after the execuhon of this Secunty Tnstnunent and shall cnntmue to occupy the Pmperty as
Borrower s pnncipal residence for at least one ye:ff after the date of occupancy unless Lender otherwise agrees m
wnung which consent shall not be utQeasonabty w�thheld, or imless extenuatu�g cacumstances er�st wiuch are
beyond Boaowet's controL
7 Preservation, iVla�ntenance and Prntect�on of the Property Inspect�ous Borrower shall not
destroy damage or impau the Property allow the Property to detenorate or comuvt waste on the Properry Whether
or noi Bocrower�s residmg in the Properry Borrower shall mamtatn the Property m order to prevent the Property
from detenoratmg or decreasmg �n value due to �ts condihon Unless�i �s deteruuned pursuant to Section 5 that
repau or resWraUon ts not econom►cally fensiblc Borrowcr shall prompUy repau the Property if damaged to avoid
further detenorauon or damage If msurance or condemnauon proceeds aze paid m connection with damage to or
the taku►g o� the Property Borrower shall Ue responsible for repainng or re�wnng the Pruperty unly if Lrn�ler has
released proceeds for such putposes Lenda may d�sburse proceeds for the repairs and restorahon m a smgle
payment or m a series of progress payments as the work ts completed if the msurance or condemnauon proceeds
aze not sufficient to repau or restore the Properry Borrower �s not reLeved ot Boaower s obligation for the
comp1etion of such repazr or restocauon
Lcndcr or�ts.�genl may makc rcasonable entrtes upon and ingpeclwns of the Property If►t has reaaonable
cause Lender may u►spect the mtenor ot the improvements on the Property Lender shall gtve Bo[rower nottce dt
the tune of or pnor to such an mterior inspection spec�lymg sm.h reasunable cauae
8 Borrower's Loan Appluatio�i Borrower shall be in delault it dur►ng the Loan appl�cation process
Borrower or any persons or entrties acung at the direction of Bonower or with Bonower s lmowledge or c,onsent
gave matenally false ►rusleadu►g, or ma��urete mfurmelton or statemeuts to Lender(or fa�led lo prov�de Lender
w�th matenal mtormaLon) m cnnnect�on wdh the Loan Mater�al representahons uulude but ue nut luruted to
representations concemmg Borrawer s occupancy of the Property as Boirower s prmcipal residence
9 Protect�on of Lendcr s Interest in the Property rnd I2►ghts Under this Sccurity Instrument lf
(a)Bnrt�wer fails to perfortn the c�venants and ageements contuned m this Securitv Instrument (b)ihere is a leg.►1
proceeding that irught s�gmficantly affect L.ender s mtesest m the Property and/or nghts under ttvs Secuuty
Insirument(such as a proceedmg m banlauptcy probate for condemoation or forfetture 2or enforcement of a lien
which may attain pnor�ty over Uus Securiry Instciunenl or lo enforce laws or regulat�ons) or (�)Borrower has
abandoned the Properiy then Lender may do and pay tor whatever is reasnnable or apPropriate to prntect I.ender s
mterest m the Properry and nghts under thts Secur►ty Instrument includmg protechng and/or assessing the value of
the Property, and se�urtng eniUur repairtng the Property L,ender s acttons can mclude but are not luruted to
(a)paymg any s�mc secared bv a lien wh�ch has pnor�ty over tfus Sec�ity Instn�ment, (b)appeariag in court and
(c)payuig reasonable attomeys fees to protect �ts mt�est in the Property and/or r�ghts under this Secunry
Instrument mcludmg its secured pos�t�on m d ban)aupccy proceedmg Secunng the Property mcludes but is not
l�ted to entenng the Properly to make repaus change locks replace or board up doors and w�ndows dram waler
from pipes elinnnate buildtng or other code violat�ons or dangerous cond�hons,and have ut�l�t�es turned on or oll
Although Lender may take act�on imder ttvs SecUOn 9 Lender does not have to do so and is not under any duty or
obligation to do so It u agreed that Lender mcurs no habdtty fur not lalung eny ur ell e�tiun�euthonced under ttus
Section 9 ■
Any amounts d�sbursed by Lender under this Sechon 9 shall become addition.il debt of Borrower secured
by th►s Secunty Instrument These amoimts shall bear mterest at the Note rate&om the dete ot disbursement and
shall be payable,wnth such interest,upon notice&om Lender to Borrower request�ng payment
If this Secunty Instniment�s on a leasehold,Borrower shall comply with all the provisions ot the lease lf
Bocrower acquaes fee t�fle to the Properry the leasehold and the fee tide shall not merge unless Lender agrees to the
merger in wnting
lU Mortgage lnsurance It Lender requtted Mortgage Insurance as a condihon ot m.�►king the L.oan,
Boaower shall pay the preauums reqwred to ma►ntmn the Mortgage Insurance in efFect If for any reason the
Lr�an No 1796728
Oregon Deed of Tnat-Sin61e Fam�ly Fannu MnelFredd�e INac IJNIFORM INS"1'RUMFIV I Form 3038 ODUI
—THE COMPLlA,VCE SOUACI,INC— Page 7 of 14 i,uowA o�oo
uvw �pluoc�aurcemm I�������'������ 03000 TheC u9Lae Sauu foe
2002-107516
Murigege Inaurance coverage reqwred by Lender ceases to be available from the mortgage msurer that prev�ously
provided such insurance and Borrower was required to make separately des►gnated payments toward the prem�ums
for Mortgdge Insurance Borrower shall pay the premiums reqnired to obta►n coverage substancially eqwvalrnt to the
Mortgage Ins�ance prev�ously in ef�'ect,at a cost substant�ally eqwvalent to the cost to Borrower of the Mortgage
Insurance previously in effect from an altemate mortgage msurer selected by Le�er If substantially equivalent
Mortgage Insurance coverage is not avadable Bo[rower shall continue to pay to Lender the amount of thc separatcly
Idesignated paym�ts that were due when the u�stuance coverage cease�to be m effec� Lender w►Il accept use and
� retdm thrse payment� as a nun-refundable loss rese[ve in Leu of Mortgage Insuran�e Such loss reserve shall be
non retundable notwithstandmg the fact that the Loan is Wt�mately paid in fiill and Lender shall not be reqwred to
pay Borrower any tnterest or earnuigs on such loss reserve I.ender can no longer reqwre loss resen e payments if
Mortgage Insuiance coverage(in the amount and for the penod that Lender reqwres)prov�ded by an msurer selected
by Lender again becomes available is obtained ancl Lender requues sepazately des►gnated p.�yment� toward the
premiums for Mortgage Lnsurance If Lender reqwred Mortgage Insutance as a condibon of mnlang thc Loan and
Borrower was requued to make separately designated payments toward the prercuums for Mortgage Insurance
Burrower ahdll pay lhe preuuums reqwred tu mamtain Murtgdge In�urerx.e m effe�t ur to provide a non-retundable
loss reserve until Lenda's requueu�ent for Mortgage Insivance ends ►n accordance with any written agreement
bctwccn Bonowcr and Lcnder provtdmg for such ternunauon or until tcri[unat►on is requued by �pplicable L,aw
Nottung►n this Sect►on 10 all'ects Borrower s obhgatton to pay urterest at the rate provided m the Note
Mortgage Insurance re�mburses Lender (or any entity Wat purchases the Note) for certain lossea it may
mcur if Borrower does not repay the Loan as agreed Borrower ts not a party to the Mortgage Insur,uicc
Mortgage msurers evaluate t6etr total rtsk on all such msurance in force from tune to tune snd may enter
inlu egeement�with uther part�es that share ur mudify theu n�k,or reduce lus�e� These agreemeuts are on terrru
and condiUons that are saAStactory to the mortgage msurer and We other pa�ty (or parties) to these agreements
These agreements may requtre the mortgage insurer to make payments usmg any source of funds that the mortgage
msurer may have ava�lable(which may tnclude funds obtawed from Mo[tgage Insuranc e preuuums)
As a result ot these a�e�nents L,ender any purchasa of the Note,annthet msurer any remsurer any�ther
entrty or any atTiliate of any of the foregomg may recerve (dtrectly or tnd�recfly) amounts that der►ve from (or
�ught be characterized as) a portion of Boaower s payments for Mongage ins�ance m erchange tor sharmg or
modity►ng the u»rtgage tnstuer's nsk, or reducing losses If such agteement provides that an affihatc ol Lender
takcs a share of the msurer s nsk m exchange for a shxre of the premiums paid to the msurer the arrangement is
often termed capttve remsurance Further
(a) Auy such agreemeuts w►Il uot a[fect the amuutils thrl Burruwer I�as egreed to pay tor 1tilurtgage
lnsurance,or any other termv of the Loan Such agreements wdl not inerease the ammmt Qorrower��dl nwe
tor Mortgagc Insurancc,and they w�ll not cntitle Borrowcr ta any refund
(b) Any such a�reements w�ll not afLect the r��hts Borrower has — if anv —�v�th respect to t6e
blortgage Iusurance under the Homeo�vners Protect�on Act of 1998 or any other law These nghts mav
mdude the nght to rece�ve certam disclosures,to request and obtam canceUaUon of the Mortguge Iusurancc,
to Lave the Mortgage Insurance terwnated automatically, andJar to rece�ve a refund of any blortgage
Insurance prennums that were unearned at tLe t�me o[such cancellahon or termmation
ll Assignment of M�scellaneous Praceeds, Forfednre All Miscellaneous Proceeds aze herehy
assigned to and shall be paid to Lender
If the Property �s dau�aged, su�h IvLscellaneous Proceeds shall be app�ed to restorat�on or repau of the
Property if the restoraLon or repau is economtcally feas�ble and Leraler's security is not]essened Durmg such
repau and restorahon pertod Lender shall have the right to hold such Iv[tscellaneous Proceeds until Lender has had
an opport�ty to mspect such Property to ensure the work has been completed to Lender s sausfact►on provided
that �u�h �pecUun �hall be urxie�taken prumplly LenclEr may pdy for the repairs and reslorat►un in n aingle
disb�asetnent or tn a series of progress payments as the work�s cnmpleted Unless an agFeement is made in�vrttmg
or Applicable Law requues mterest to be paid on such NLscellaneous Proceeds Lender shall not be requued to pay
I,oan No 1796728
Oregon Deed of Trwt�mg�a Faruly Faun�e MaelRreddle Mnc lJN1FURM lN�7 RUMEN 1 Form J U3 N U 1/U 1
—7�IP CUHPLIANCY SUURIB INC— Pagt 8 of 14 �auoioa avoo
v�w eomploaraourae mm I�������n�������� 0200D T6e Co(qLam S�w Inc
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2002-107516
Borrower any interest or eamiags on such M�scellaneous Proceeds If the restoration or repau'is not econoirucalty
feas�ble o�Lender s secunty would be lessened,the 1ltiscell�eous Procecds shall be apphed to ihe sums secured by
this Secur�ty Instcumeni, whether or not then due with the excess �f any paid to Borrower Such IvLscellaneous
Proceeds shall be appLed m the order pruvided fur m Sei.4on 2
In We event ot a total takmg destructioq or loss m value ot the Property the Miscellaneous Proceeds shall
be apphed to the siuns secured by ttus Seciuity Instc�ent whether or not then due,with the excess if any,pa�d to
Borrower
In the event of a parttal talang,destrucUoq or loss in vatue of the Property ut whtch the fau market value of
the Property imu►ed�ately beFore the partial taking,desmict�oq or loss m value�s equal to or greater than the amount
of the sums sec�ued by thts Sec�ity Instrument unmedtately before the partial taking,destruct�oq or loss m value
unira� Boirower and Lender otheiw�se agFee ►n wr►ung the sums secured by tlus Secunty lnstrutnent shall be
reducad hy the artnunt of the Mtscellaneous Proceeds mulhphad by the following&action (e) the tot11 amount of
the sums secured�mmed�ately before the pariial taking des�ucUOq or loss m value drvided by(b)the lau marl.et
value of the Properry iumiediately before the pariial c tia �n�n,desuucuon or loss in value Any balance shall be paid
to Boirower
In the event of a part�al takmg destruchon,or loss m value ot the Property m wh�ch the tair market velue at
the Property immediately before the partial takmg deshucUoq or loss m value ts less than the amount of the su�s
ae�ured immediately before the parual taku�g, desmicnon, or loss m value, unless Borrower and Lender othenvise
agree m wnUng, the Miscellaneoua Proceeds shall be appLed to the sums secured by thrs Secur�ty Instn�ment
whether or not ihe sums arc thcn duc
If the Properry is abandoned by Borrower or i�after not�ce by Lender to Borrower that the Opposmg Parry
(as defined m the next sentrnce)offers to make an award to settle a claim for damages,Burrower fails to respond to
Lender wiWm 30 days after the daie the notice is given,Lender�s suthonzed to collect and apply the IvLscellaneous
Proceeds either to restoranon or repaa of the Properry or to the sums secured by ttus Security Listnunent whether or
not then due Oppusuig Party meana the thud patty that o��es Burruwer Mia�elleneou� Pru��eQ� or thc pany
agamst whom Borrower has a nght ot act�on m regazd to M�scellaneous Proceeds
Borrower shall be in default if any actton ot proceedtng whether ctvil or crurunal �s begun that m
Lender s�udgmenf,could result m forfeihue of the Property or other matenal impaument of Lender s mterest m[he
ProPerty nr nghis under this Security ]nstrumeat Borrower c�n cure such a defauh and �f accelerahon has
occucred reu�state as prov�ded in bection 19 by causmg ihe actton or proceedmg to be dism�ssed with a nilmg that,
in Lender s�udgment precludes forfeiture of the Property or other mater�al impaument of Lender s mterest m the
Properry or nghts under this Secunty Instnmie� The proceeds of any award or claim for dama�es that �re
attributablc to the�mpaument of Lender s mterest m the Property are hereby assigned and shall be paid to Lencier
Ali IvLscellaneous Pro�eeds that are not appLed to restoraLon or repalr of the Property shall be appl�ed m
the or�er provtded for m Sechon 2
12 Borrower Not Released,Forbearance By Le�der Not a Wa�ver Extension of the t�ne lor p-�yment
or mocL6cation of atnortization of the sums sec�sed by thts Sec�nty Inshument granted by Lender to Boaower or
any Successor in Inlaest of Borrower shall not operate to release the Lab�liry of Borrower or any Successo[s in
Int�est of Boirower Lender shall not be reqmred to comm�e proceedmgs agamst any Successor u►In�erest of
Borrower or to refuse to extend ttme for payment or otherwise modify amortization oC the sums secured by this
Security lnsttument by reason of any demand made by the ongmal Bocrower or any Successors m Interest of
Boaower Any forbearance by Lender in ererctsmg any nght or remedy includtng wtthout l�tauon, Lender s
acceptance of payments from third persons entit�es or Successors m Tnterest of Bo�rower or�n lmounts less thln the
amount then due shall not be a wazver of or preclude the exercise of any right or remedy
13 Jotnt and Several Liabd►ty, Ca-signers, Saccessors and Ass�gus Bound Borrower co�enants and
agrees ihat Borrower s obl�gahuns end Lab�lity shall be�ant and several However �y Borrower who co s�gns ttus
Secunty lnstntment but does not execute the Note(a co-stgner') (a)�s co-sigmng this Secur�ty Tnstrument only to
mortgage grant and convey the co s�gner s mterest in the Property�mder the tcrms of ttus Secunty Instrumcnt (b)�s
Loan No 1796728
Oregou Deed o(Tnnt S�ngle Fam�ly Famw MadFreddie Mae UNIFORM INSl'RUMEN'1 Form 3U38 UU01
—TR[CoMPLI.uvCB SoURCE,Wc— Page 9 of 14 I�OOIOA 0&00
�vow compleoreaourc mm I���11��������� OZ000 The Coapluuc Sau a lm
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Z002_107�36
not personally obl►gated to pay lhe sums seciued by ttua Se�ur�ty [nstrument, and (c)agrees that Lender and any
other Boimwer can agree to extend modify forbear or make any accomrnodat�ous with regard 10 the terms ot th�s
Securtty Instrtunent or the Note wrihout ihe co-s�gner s coasent
Sub�ect to the prov�sions of Section 18 any Successor in Interest of Borrower who assumes Borrower s
obLgations under ttus Security Instrument in wnUng, and is approved by Lender shall obla�n all of Borrower's
nght5 and benel�ts under th�s Secunty lnst[ument Boaower shall not be released from Borrower s obLgations and
liabil�ty under ttus Securtty Instiument unless Lender agrees to such release m writing The covenants and
agreements of Uus Security Instrument shall bind(except as prov�ded in Section 20) and benefit the suc�eswrs,,cid
ass�gns of Lender
la Loau Chnrges Lender may charge Buuower fees for serviees periormed m connection with
Borrower s default for the purpose of protectu�g Lender s interest m the Property and nghts under ttus Security
Instrument including but not Luvted tu, attoineys' fees,property inspect�on and valuaLon fees [n regard to auy
other fees the absence of express authouty m W�s bectmty Insttwttent to charge a spec�5c fee to Borrower shall not
be construed as a proh�b�tion on the charguig oF such fee Lender may not charge fees that are erpressly prolubiteii
by th�s Secunty[nswment or by Applicable Law
If the Loan is sub�ect to a law�vh�ch sets�*+aY,mum loan charges,and that law is finally intemzeted so th�t
the interest or other loan charges collected or to be collected m connection with the Loan exceed the peiuutted
L�uts then (a) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the
permitted liuvt,and(b)any suuL+already cullei.ted from Bonower wtuch exceeded peruutted luiuu will be refunded
� to Borrower Lender may choose to make ttus refund by reducmg the prmcipal owed under the Note or by maktng a
i dure�t payment to Botrower If a refund reduces pnncipal the reducUon will be treated as a partial prepayment
wtthout any prepeyment charge(whether or not a prepayment chazge��provideJ fur umler l6e Nule) Borrower 5
acceptance ot any such refund made by d�rect payment to [iorrower will constrtute a warver ot any nght ot act�on
Borrower uvght have az�smg out of such overcharge
1� Nulices All notices grven by BoIIOwer or Lender►a wnne�t�un w�th thi�Sc.uuily Inntrument mus�be
in writing Any not�ce to Borrower in connection with th�s Securtty Ins[nmient shall be deetned to h1�e been a��en
to Borrowcr whcn muled by fust class mail or when actually dchvered to Bonower s notice address if sent by other
means Notice to any one Horrower shall constrtute notice to all Borrowers uriless Apphc�ble Law erpressly
reqwres utherw�se The nott�e address shall be the Property Address nnlesa Boirower has designated a substitute
not�ce address by not�ce to L,ender Borrower shatl promptly notify Lender of Bo�rower s change ot address It
Lender spec�l�es a procedure for reporting Bozrower s change of address then Borrower shall only report a change
ul e�lcireas ttuough thel speci6ecl pro�edure There may be only une dea�gneleei notice.�ddce�� under this S«urity
lnstnunent at any nne time Any not�ce to Lender shall he g�ven by delivermg�t or by ma�lmg rt by f�rst class mail
to Lender's address stated herem unless Lender has des�g�ated another address by notice to Borrower Any notice
m connection v�nth thts Secunty Instrument shall not be deemed to have been gnen to Lender until actually recerved
by Lender If any notice reqwred by this Secunty Instr�ent is also requued under AppLcable Law the Applicable
Law requuement will sahst}r the corresponding rcqwrement under this Secui�ty Instrument
16 Govem�ng Law, Severab�ty, Rules of Coustruction Ttus Secunry Instrument s6all be govemed
by federal law and the law of the�uti�ciictton in�vh1�.h the Propert}+�s localed Ali nghts and ob]igaUon��uatained
m this Secutity Ins�ument aze sub�ect to any reqturements and lumtahons ot Applicable Law AppLcable Law
uvght explicrity or impl�cidy allow the parUes to agree by contract or it might be silent but such silence shall not be
construed as a protubtUOn agatnst agreement by contracl 1n the event that any prov�sion or clause of ttus Security
Instrument or the Note conlLcts with AppLcable Law such conflict shall not affect other provis�ons of Uus Secunty
Instrument or the Note wluch can be given effect v�nthout the conflichng prov�s�on
As used �n th�s Secunty Instrument (a)words of Ihe masculine gender shall mean and mclude
waeapc�ndmg neuter words or words of the femmme gender (b)words in the suigular shali me�and mclude the
plural and vice versa and(c)the word `ma}� g�ves sole discret�on withoul any obLgation tn hke any achon
1T Borrowcr's Copy Bonower shall be given one copy ofthe Note and of this Security InsttUment
Loan No 1796728
Oregon Deed o[I'rw6Smglo Famdy}am�e M�dFredd�e Mac IJNIFORM 1NSTR[J�IEIVT Form 3038 U 1�U I
—1�1e Contrt.[�uvca So[mCS,Iru— Page 10 0[14 �aows ovao
vw�r m�l�oeuauree rom ILJ�^e����������yn, 02000 76 C erplane Sowri�oe
i� wow
2002-107516
18 Traus[er ot the Property ur e Benefic�el Interest�n Burrower As used in this Section 18 Interest
m the Property means any legal or beneficial mterest m the Property uicluduig but not l�uted to those beneLcial
mterests uausferred ia a bond for deed contract for deed mstallment sales co�ract or escrow ag�eement the mteni
of which u the transfer of utle by Borrower at a futiae date to a purchasa
If all or any part of the Propeity or any Interest m the Properiy is sold or transferred(or if[iorro�ver is not a
natival person and a beneficial mterest tn Bonower�s sold or transferred)wtthout Lender s pnor written consent,
Lendec may requue immediate payment m tull of all sums secuted by this Sec�uity Instcument However ttus
opuun ahall not be exerased by Lender if such exercise is protL�bited by Applicable Law
It l.ender exerc�ses thi s nptinn Lender shall give IIorrower notice ot accelera�oa 1 he nouce shall prov�de
a penod of not less thau 30 days ftom the date the notice �s given m accordance w�th Sect►on l5 withm which
Boirower must pay all sumS sec�ed by ttus 5ecuntv Instrumem If Borrower fads to pay these sunu prior to the
expaat�on of this penod L.ender may �nvoke any remedies pe�tte�by this Secuc►ty instnunent w�thout further
not�ce or demand on Borrowcr
19 Borrower s R�ght to Reuuscate Atter Acceleration If Boirower meets certain condd�ons Borrower
shall have the nght to have enforcement ol this Secunty Instrument discoatmued at any tune pnor to the earliest of
(a)five days before sale of the Property pursuant to anv power of sale contamed m th�s Secur�ty Instrument (b)such
other penod as Apphcable Law uught specify for the ternunahon of Borrower s nght to ieuistate or (c) entry of a
�ud�nent enforcmg tlus Secunry lnsaument Those conditions aze that Borrower (a) pays Lender all sums wh�ch
theet would be due under ttus Secunty Instrument and the�Tote as if no acceletation had occurred (h) ciues any
delault of any other co�enants or agzeements (c)pays all expenses mcurred m enforcmg this Seciuiry Instrument
mctuding but not limtted to reasonable attomeys fees properiy mspect�on and valuation fees anci other fees
mcurreci for the purpose of protecting Lender's imerest m the Property and nghts under ttvs Security Instnvnent and
(d) takes such achon as Lender may reasonably reqture to ass�ue tbat Lender s mterest m ihe Properiy and nghts
under tius Sec�rtty Inson►ment and Borrower s obligauon to pay the sums secured by ttus Securuy Instrument shall
continue unchanged L.ender umy require that Bouower pay auch remslatement s�uru md expenaea�n une ur mure
of the following forms as selected by Lender (a)cash (b)money order(c)cert�fied check bank che�l, ireast�rer s
check or cash�er s check prov�ded any such check�s drawn upon an u�stitution whose deposits are msured by a
federal agency mstrumentalily or enuty� or(d)Elec�onic Funds Transfer Upon reinstatanent by Borrower, ttus
Secur�ty Instnm�ent and obligations secured hereby shall remam fully ef�'edive as if no accelerat�on had occurred
However this nght to remstate shall not appty in the case of accelerat�on imder Sect�on 18
20 Sale of Noce, Change of Loan Sgrvicer, Notice oi Grievance The I�Tote or a partial mterest m the
Note(together wdh this Secuttty Insttument)can be sold one or more Uutes w�thout prtor not�ce to Borrower A
sale rmght result in a change m the enGty(lrnnwn as ihe L.oan bernce�)that collects Fenod�c Payments due under
the Note and th�s Security lnstrument and perfomu other mortgage loan servicmg obl�gat�ons under the Note ttus
Sectuity Instrument and Appl�cable L,aw There aLso m�ght be one or more changi.s of the Ludn Servuer imrelated
to a sale of the Nnte If there is a change of the Loan Servicer Borrower wtll be grven wntten nntice of the change
which will state the name and address of the new Lo,in Serncer the address to w}uch payments should be made and
aay other mformauon RESPA reqwres�n connection wLth a nohce uf transfer of servicing If the Note is sold and
thereafter the Loan�s serviced by a Loan Serncer other than the purchaser of the Note the morigage loan serncing
obhgat�ons to Sorrower will remain with the Loan berncer or be tr�sferred to a successor Loan Serncer and are
not assumed by the Note piachaser unless othenvise provtded by the Note piuchaser
Neither Borrower nor Lender may commence �om, or be�oined to any �wLc�al ac,(►un (as either 1n
mdivtdual liugant or the member of a class) that anses &om lhe other party's actions pursuant to ttu� Secunry
1nsUument or that allegcs thut the other party has breached any provision of or any duty owed by reason of ttus
Seciuity Instrument unnl such Bonower or Lender has notified the other parry (with such nouce given m
wmphance w�th Ihe reqwrements of Se�tion 15) of suc.h alleged breach and atlorded the other party hc.re.to e
reasonahle penod after the��nng ot such nohce to take cnrrective act►on I1 Appl�cable Law prov�des a hme rennd
which mu�t elapse before certam action can be take�that t�me penod will be deemed to be redsonable for purposes
I,oan No 1796728
Orcgon Deed of Truet Smgle Famdy Feneu MadFredd�e Mae iJN]FORM IIVSfRIJMENT Form 3u38 U1JU1
—THH CotbrtlntvCE Sooacr,LvC— page Il o[14 �auutoa auuu
������m� i��i���ai���mm��u a�oT��o��� �«G�
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I002-107516
of this paragraph 1'he noUce of accelerat�on and npportumty to cure given to Borrower pursuant to Section 22 and
the aouce of accelerauon given to Borrower pursuant to Scchon 18 shall be de�ned to sat�sfy the notice and
opportunity tn take corrective acnon provisions of t6is Section 20
21 Hazardous Substances As used in this Se�,hon 21 (a) Elacudous Substances are those substances
defined as toxic or hazardo�s substances pollutants or wastes by Env�ronmental Law and the followm;substances
gasolme keros�e, other IIaaunable or tox�c petroleum products,iowc pest►cides and herbicides volatile solvents
matenals conta�tung asbestos or formaldehyde, and radioactive materials (b)'Envtronmental Lat� meens Federal
laws and laws of the�urisdicuon where the Property �s lo�.ated thet relete tu heallh, aafety or env►ronmental
protectton (c) Envuonmental Cleanup �c►cludes any res�nse actton remed�al actton or removai action, as
defined in Envuonmental Lavr and(d)an Envuonmental Condthon means a condtUon that can c.ause contnbute
to,or otherwise tn�er an Env¢unmental Cleanup
Borrower sha0 not cause or pernvt the presence use disposal storage or release of any Hazaidous
Substances or ihreaten to release any Ha7.�rdous Substances on or m the Properry Borrower shall not do nor allow
anyone else to do anything affecnng the Properry (a)that �s m v�olanon of any Env�ronmental Law (b)which
creates an Environmental Condihon, or (c)which, due to the presence we or release of d Hdcardous Substance
creates a condiUon tbat adversely afTects the value ot the Property The preceduig lwo sentencea shall not apply to
the presence use or storage oo the Property of small quantttics of Hazardous Substances that are generally
recogwzed to be appropnale to nomial res�dent�al uses and to mamtenaace of the Properry (m�luding but not
luntted to hazatdous substances m cnnsumer products)
Borrower shall promptly grve Lender wnricn nottce of(a) any utveshgahon, cla�m, demand lawsmt or
other acuon by any govecnmental or regulatory agency oi private party�avolv�ng the Properry and any Ha7ardous
Substance or EnvironmenW I.aw of which Borrower has actual knowledge, (b) any Envuonmental Cun�i4on,
includmg but not l�tcd to any spillmg leaktng discharge release or threat o}release ot any Hazardous Substance
and(c)any condition caused by the presen�e use or release of a Hazardous 5ubstance wtuch adversely affects thc
value of the Property If Boaower leains,ur is nutified by any governmentdl or regulatory authonry or any pnvete
party that any re�val or other remediation ot any Hazardous 5ubstance affecting the Property is necessary
Borrower shall promptly take all necesaary remed�al act�ons m accord�nce with Envtronmenlal La�� Nothmg
herem ahall create eny ubhgelion on Lender for an Environmental Cleanup
NON [JNIFORM COVENANTS Borrower and Lender further covenant and agree as follows
22 Acceleranon, Remed�es Lender shall �ve notice tn Borruwer pnor to accelerat�on followmg
[3orrower's breacL of any coveuaut or agreement m th�s Security lustrumeul(bul nut pnor lo�ecelerat�an
under 5e�t�on 18 unless Appl�cable Law ptovides othernnse) 7 he aot�ce shall specify (a)the default,(6)the
act�ou reqwred to cure the default, (c) a date, not less than 30 dnys frum �he date �he notice is given to
Borrower, by wh�ch the detaull mu�t be cured aud(d)that failure to cure the deCault on or before the dnte
specilied�u the uohce may result m accelerauon o[the sums secured by th�s Securitv Iu�trumeut and sale of
the Propercy The notice shall turcher�nform Borrowcr of thc r�ght to reiuslate niter accelcration �ud thc
nght to bnug a �uurt a�t�on to assert thc non e�stence of a defanit or any other defense uf Borrorver to
acceleratton and sale If the default �s not cured ou or befnre tlie date spec�Tied�n tlie nohce, Luidrr rt ila
optwn may reqmrc immcdi�te paymenl in full of aU sums secured by this Secur�ty I�istrument nith��ut
further demaud and may invoke the power of salc and any other remed�es perantted by Appl�cablc La��
Lender shall be entdled to collect all eapen�es incurred�n pursnmg the remedies provided�n this Sechou 22
►ncludmg,but not l�mited to,reasouable dttarneys' fees and costs o!htle evidence
If Leuder tnvokes the power of sale,Lender shall execute or cause Trustee to eaecute a nr�tten not�ce
of the occurreuce of an ev�t of de[ault and of Lender's election to cause the Property to be sold aud sLall
canse such nat�ce to be recorded m eacL county iv whtcL et�y part of the Property is lorated Lender or
Trustee shall g�ve notice of sale m the manner prescnbed by Applicable Law to Dorrower and to other
persons presenbed by Applicable Law After the hmc requtred by�lpplicable Law Trustec without demand
Loan No 1796728
Oregon Dced of Trus4Sutg�e Famdy Faooie MaeJFrcddie Mac UNIFORM INSTRllMENl Form 1038 O1/01
—Txa ConieL�ti�cs Sovac�Inc— P�ge 12 of 14 uoaoR ouoo
�. �„P,��� � I�W�109�v��099�1�V1 0��7��0,���� �. ��
ze02-ia�sss
on Borruwer, shall sell �he Property et public auct�on to Ihe h�ghest bidder at the t�me and place and under
the tern�v designated �n the notice nf sale �n one or more parcels and �n any order Trustee deteruunes
Trustee may postpone salc of alt or any parccl of thc Property by publ�c announcement at the hme and place
of any prev�ously scLeduled sale Lender or its designee may purchase the Property at any sale
Trustee shall deLver to the purchaser Trustee's deed conveyin�the Property without a�ty covenant
or warranty, e�ressed nr �mplied The recitals m the Trustee'a deed shall be pnma [ac�e ev�dei�ce of thc
truth of thc statcments mnde thcrcan Trnstee shall apply the proceeds oI the sale m the [ollowing order
(a)to all expenses of the sa1e,�nclud�ug,but not linuted to,reasonable Trustee's and attorneys'fees,(b)ta all
sums secared by this Secanty Instrument,and(c)any e=cess to the person or persa�s legally�utitled tu tt
Z3 Reconveyance Upon payment of all sums secured by this beciuity lnstnmient Lender shall request
Trustee to reconvey the Propert}+and shall surrender thts Seciuity Insttument and all notes evidencing debt secured
by lhia Secunty Instrument tu Tn�tee Tnutee ahell r�wnvey the Property w�thout warcanty to the person or
persons legally entrtled to it Such pecson or persons shall pay any recordaiion costs Lender may charge such
person or persons a fee for reconveywg the Properry but only if the fcc is pa�d to a thud party(such as the Trustee)
for services rendered and the chazging of the fee�s perm�tted under Apphcable Law
24 Subshtote Trustee Lender may Gom time to tiute remnve Tnulee and appomt d auccessor lruslee to
any Trustee appomted hereunder Wtthout conveyance of the Property the successor trustee shall succeed to all the
t►tle power and duhes conferred upon Trustee herein and by Appl�cable Law
25 Attorneys' Fees As used�r►thi�Se�.�ur�ty Ia�lrumenl and m the Note, ariomeys lees shall mclude
any attomeys fees awarded by an appellate court
26 Protecttve Advances. This 5ecurity Insirument secures any advances Lender at rts discretion, may
meke under SecUon 9 of this Security Instiument to protect Lender s �nterest m the Property and rtghts under ttus
Secur�ty Instnmient
27 Rcquired Evidcace of Property Insurance
WARTIING
Unless you provtde us w�th ev�dence of the msuran�e �overege a� reqwreii by our
contract or loan agrcemcnt, we may parchase insurancc at your expense to protect our mterest
This ►nsurance may but need not also protect your mterest If the collateral becomes damaged
the coverdge we purcha�e may not pdy eny�lmm yuu make or any cla�m made agamst you You
may later cancel this coverage by providu�g evtdence that you have obtazned property coverage
elsewhere
You ere responsible for the c.ost of any tnsurance purchased by us The cost of ttus
msurance may 6e added to yonr�ontract or loan balance If the cost is added to your contract or
loan balance the mtcrest rate on the underlying contract or loan will apply to ttus added amount
The e}i'ective date of coverage may be the date yo�pnor]oan coverage lapsed or ihe ciate you
failed to provide proof of coverage
The coverage we purchasc may be cons►dexably more expensive than msuraace you can
obtem on your own and may not sausfy any need for properry damage coverage or any mandatory
liability iasurance reqwremeats imposed by AppL�eble Law
I�n No 1796728
Orcgon Deed o(Trvit-S�ngle Farnily-Fanwe Hix/Fredd�e Mac i1NIFORM INSI'RUMENT Form 3038 OLO1
—THC COMTLIANCfi SOUACTi�LdC— Page 13 0l 30 1�DOIOR O8/00
wrv eo�lnouaureawm I��p'������'n�y'n'�1� C2000 The Co�lsnc Soueec la
lQ mrOY
2002-107�16
BY SIGNING BELOW Borrowcr acccpis and agccs to thc tcrms and covenants conta�ned in thia Secunty
Instrument and m any Rider executed by Borrower and recorded with it
Wimesses
�'`�
(Seal)
aul Krasa Dorrowcr
,�l��� �.:iti���G`-J (Seal)
Carol E Totorica B°rt°wu
"`-' (5ea1)
�7 C�ldr � J Boaower
(Seal)
Bonowe�
O (Acknowledg§nt on Following PageJ
State of �
§
Counry ut §
Before me the undersigned authority on this day pe�onally appeared Paul Krasausk ��--
F ?htnr,.. �nrj Trw Ma[�h�+-.z T•- /1,,,,��
�i V�..��
la�own to me(or proved to me Wrough an identity card or otha document)
to be the person(s)whose name is subscr�bed to the foregoing In+Yn�ment and aclQmwle�ged to me tha li shehhev
erecuted the same for the purposes and considetauon therem expressed
�.�) �y°t ��� �Z
OFFICIAL SEAL �
r CIN�Y M SCHAFFNER
� • NOTARY PUBLIC OREGON
S COMMISSION NO A339678
MY COMMISSION EXPIRES JAN 22 2005 Notary Publ�c
I,oan No 1796728 My Comauss►o Expues��.t��
Orcgon Dced of Tru:t Smglo Fan�ly FanoK MadFreddie Mac UNIFORM INSTRUMEI�T Fonn 3038 Ol1Ul
—1'ae Co�trClnlvCS 5oUACY.INC— Page l4 of 14 i�uoion adoo
�,._�V���mm 1�0�����1�611H111���� o�ooa 7�� ���<���a
1
�
�
2002-107336
INDIVIDUAL ACKNOWLEDGMENT _
I
State/ On this the � y of �� Yaa�
DaY ��� J Monlh I
Commonweahh ss i i
before me �•�
County of Nama of Nolvy Publc
the undersigned Notary Public personally appeared
�.A�� � �r�r�� �E ��'FfA��,�2
Name vl Slpncr(s)
❑personally known to me �
� �proved to me on the basis of satisfactory evidence
--....�,m......» ...
�� � SUZANNE L NEEI.EY �o be the person(s) whose name(s) i� subscr�bed
; NotarypuhYc SmtsotN�vnde � �o the ithin instrument and acknowledged that �
; �°�""t�n W0°�0°� ' he/sh�xecuted it
' No op.6217&2 Expres Apnl�.�e„�
:..�..,.��.�.��..-�---•...�..�—......mp w...-• _'�
WITNESS y h a o eal
��,
afu ol otary Public I
i
T10 A
�
Though the�nlormaUOn�n this sect�on!s not required by law d ma ve valuable to .
persons retying on the dOCUmenf and could plevent 1l2udulenf r moval and op ot thumb here Top of thumh here
realtachment o/fh�s lorm to anofher document
Descriptlon of Attached Document
�—
� Title or Type of Dacument � ��� �
( �Document Date �������— Number of Pages �
Signer(s)Other Than Named Above /�N�� �
c
O t 98B Nalmel Notary Aesx�auon 9360 De Sob Ave D 0 Bo:2402 Chauwiwtft CA 81313 2�02 www nWlonelnalary org Itom No 5170 Reorder Cnll Toll Free 1 800�876-6827
1
2002-107616 J_` �
1-4 FAMILY RIDER
(Assignment of Rents)
Loan No 1796728
11115 1 4 FAMILY RiDCR is made this 2']� day of p,ugust, 2002
and is mcorporated mto and shall be deemed to amend and supplement the Mortgage Deed of Trust or Secunty
Deed (the Secunty Instrument ) of the same date grven by the unders►gned (the Borrowe�) to secure
Borrower s Noce to IndyMac Ban1c, F S B , a fedp�'ally chartered savuzgs bank
(ihe Lender )
of the same date and covenng thc Properiy descnbed m the Secunty Instrumcnt and located at
10085 South West Katherine Street, Portland, OR 97223
[Property AddressJ
l-4 FANIILY COVENANTS In addilion to the covenants and agreements made m the Security
Instrument Borrnwer and Lender fiuther covenant and agree as follows
A ADDITIONAL PROPERTY SITBJECT TO T� SECURITY INSTR[JMENT ln addrt�on to
the Property descnbed►n Secunty Inshument ihe followmg Uans now oi hereafter attached w eh�Propeny to�he
extent they are fixttues are added to the Property dcscnptioa uttd shall aLso constitute the Property coveted bv the
becurity In�trument butlding materials,appliances and goods of every natttre whatsoever now or hereatter located
m on or usc� or mtended to be u5ed m connecUon wtth the Property mcludmg but not limited to those for the
puipo�es ot supplymg or distr�but�ng heatmg coolutg electr�ciry, gas water, air and light fire prevention and
eYttnguishtng apparatus secunty and access control aPparalus plumb►ng bath tubs \41tP1 F1f.�f2i5 water closets
suiks �anges stoves refrigerators dishwashers disposals washers dryers awmngs stoim windows storm doors
screens himds shades curtams and curtazn rods attached murors cabmets panelmg and attached floor�uvermga
all of which mcludmg replacements and addrtions thereto shall be deemed to be and remam a part of the Property
covered by the Secunty Insirument All of the forego�ng together w�th the Property descnbe�l ui �he Securriy
Instrument (or the leasehold estate if the Secunty InsUuutcnt �s on a lcasehold)are referred to m ttus 1 4 Family
R.ider and the Security Instrwnent.0 the Pruperiy
B USE OF PROPERTY, COMI'LIANCE WIT'H LAVV Borrower shall not seek agree to or mahe
a change in the use of the Property ot its zonmg class�ficatlon,unless Lender has agreed in wntmg to the change
Boirower shal! comply with all la�vs ordinances regulations and reqwrements ot any governmental body
applicable to the Property
C SUBORDiNATE LIENS Ercept as peruntted by federal law Borrower shall not allow any lieu
mferior to the Secunty Insttument to be perfected agauist the Property without Lender s pr�or writtcn perm�ssion
Imt�als .4
Multiotate 14 Fam�ly Rider—Fanau MadFredJ�e Mac i1NIFORM L*iSTRUMEPIT m J170 Ol/Ol
—TNC Co�t�.uves So[me8,Ir��— Page 1 0[3 iumntU aaoo
�• �����o� IIatlHIYq�W����IIN��191Y ozoaanrc�wv� � sa,� i��
i
�
2002-30T316
D RENT LOSS INSURANCE Borrower shall mamtain tnswance agamst rent loss in sddition to the
other hazazds for which msurance is requ�red by Secttnn 5
E '�BORROWER'S RIGHT TO REINSTATE"DELETED Sectton l9 i5 deleted
F BORROWER'S OCCUPANCY Unless Lender and Botrower othenvise agree in writing Section
6 concemmg Borrower s occupancy ol the Property ts deleted
G ASSIGNMENT OF LEASES Lpon Lender s request aRer default Burrowtr si�ll aa�i�ii tu Len�ler
all leases of the Property and all security deposrts made m connection with leases of the Property Upon the
assignment, Lender shall have the nght to modify extend or te�unate the exisung leases and to erecute new
leases m Lender's sole d�scretion As used in th�s pangraph G the�vord 'lease shall mean sublease it the
Secunty Instrum�t is on a leasehold
Fi ASSIGNMENT OF RENTS, APPOINTMENT OF RECEIVER, LENDER iN POSSESSION
Botrowcr absolutely and uncondittonally ass�gns and transfers to Lender all the rents and revenue� ( Rents ) of
�he Properiy regerJlea� oC to whom the Rents uf the Property are payable Burruwer eutl►ur�cra L�nder or
Lcnder s agents to collect the Rents and agrees that each tenant of the Property shall pay the 2ents to Lender or
Lender s agents However Borrower shall recetve the Rents until (i) Lender has giv�n Borrower nottce of
detault pursuant to Sect�on 22 ot the�ecurity Instrument and(ii) Lender has gtven not�ce to the tenant(s)lhat the
Rents are to be paid to Lender or Lender s ag�.nt Th►s assignment of Renta conslrtutes an absolute assigninent
and not an ass�gnment tor add�tional aecurity only
If Lender g�ves not�ces of default to Boaower (i) all Rents recerved by Borrower shall be held by
Borrower as trustee for the benefit of Lender only to be applied to the sum�secure�!by the 5ecur�ty Instrument
(u)Lender shall be entitled to collect and receive all of the Rents of thc Property (iii) Borrower a�rees that each
tenant of lhe Property shall pay all Rents due and unpe�d to Lender ur Lender s agen►s upon Lender � written
demand to the tenant (rv) unle�s applicable law provldes otheiw�se all Rents colicc,ted by Lcnder or Lcnder s
agents shall be appl�ed Frst to the costs of tak�ng control of and managmg the Pioperty and collectmg the Rents
includuig but not l�ted to attomeya fecs rece►ver s fees prem�ums on recerver a bonds repdir and
maintenance costs tnsurance premiums taxes assessmen[s and other charges on ihe Propeny and then to the
sums secured by the Security Instrument (v) Lender Lender s agents or any�udicially appomted recerver shall
be liable to account for only those Rents actually received and (vi) Lender shall be entitled to ha�e a rc.ceiver
appo�nted to take possession ot -tnd man��c the Property and collect the Rents end prolrts der�ved lrom the
Property without any showmg as to the madequacy of the Property as secunty
1f the Rents of the Property are not sufficient to cover ihe costs of takmg�ontrol of and aianeging the
Property and af collcctmg thc Rcnts any funds expended by Lender for such pucposcs shall bccomc mdcbtedness
of Burrower to Lender se�ured by lhe Se�urity Instrument pursuant to SecUon 9
Borrower repzesents and warrants that Borrower has not cxecuted any pnor assignment o1 the Rents and
has not performed and w�ll not perform any act that�vould prevent Lender from erercising�ts rights under ttli�
paragraph
796 8 Init►als � �
hlult��tote 1�Fam�ly ILdcr Funme MadFredd�e Mae IAVIFORI►f ASTRUAIENT or i 317U U 1/Ol
—THE COMPLIANC6 SOURC¢,ING— P9ge 2 0(3 Ia5a7MU ONOo
wwr amPli oumaawm I��YY�����������' D7000 ThcCcmPL uccSwuu Iuc
i�
2002-107s16
� '
Lenda, or Lender s agents or a�ud�c�ally appomted receiver shall not be requuecl tu enter upon tdke
control ot or mamtain the Property before or after giving notice of default to Borrower However Lender or
Lender s agents or a�udicially appointed receiver may do so at any ume when a default occurs Any app�catiun
of Rents shall not cure or waive any default or invalidate any other nght or remedy of Lender Th�s assignment
of Rents of the Property shali t�mtnate when all the sums secured by the Securtty Instrument are paid m full
I CROSS-DEFAULT PROVISiON Borrower's default or breach under any note or agreement m
which Lender has an�nterest shall be a breach under the 5ecunty lnswment and Lender may invoke any of the
remedies permitted by the Security Instruatent
BY SIGNING BELOW Borrower accepts and agrees to the terms and provtsions coatained ui th�s 1-�1
Family Rlder
CGC,[x_ �� �s�> L�� �!—�fr� �s�>
Paul Rrasausk ��=�WC� Carol E 7.btorica ����oW��
�' (Seal) (Seal)
Joe harg, Jr soROW� ao�W��
Loan No 1796728
MulHtmte 1-t Famdy Rlda—Rannle Mae/Preddfe Mae iJNIFORM i1�iSTRUMENT Form 3170 Ol/Ol
—T�a Co1nel.innCL SooxcE,Wc— Pagc 3 ot3 tua+mu oLOo
����.��om 11C9�I�IIi011a����A o���n T��p,�,� �«<�o�
i
O�der No 136220w EXHIBIT "A (IIIII
Legal Descnption 2002-107�16
The Eaet 75 00 feet of tha West 525 00 feet of Lot 11, GREENBURG
HEIGHTS ADDITION, in the City of Tigard, County of Washington and
State of Oregon
PROPOSED PARTITION FOR
10085 SW KATHERINE STREET
TIGARD, OREGON
The proposed land use action is the minor partition of this lot into two
parcels one of a 7500 SF lot with a 1969 vintage 1008 SF home and a new
lot to the rear of 7975 SF having frontage on a new private street and a lot
line ad�ustment to that property to compensate it for extending the road
through it to get to the rear of an ad�oining property, 10120 Tigard Street
Both home sites will have access to storm and sanitary sewer through a line
on the property line wrth the property known as 1013 5 S W Katherine Street
which will be placed in a recorded easement to service 10120 Tigard Street
IMPACT
The land use action will benefit the city in that a neighbors property will be
hooked up to crty sewers decommissioning a 30 year old septic system and
by utilizing 15246 SF R-4 5 ZONE to smaller size lots The home which
fronts on Katherine Street is hooked up to sanitary now and the second lot
created by this land use application will have approximately 106 ft of
private street frontage A new starter house will be built on the newly
created 7975 SF lot
• The partition of this 14972 SF property divides into one 7500 SF lot
and home with frontage at 10085 Katherine Street and one 7500 SF
lot with frontage on the proposed private drive after the lot line
ad�ustment now being recorded in Washington County with the
ad�oining property, 10120 Tigard Street This meets the minimum
size of the R-4 5 Low Density Residential District
• R-4 5 Zoning district dimensional requirements are able to be met when
the lot is developed
• Access on the new private drive is proposed
� Clear vision will be met at Tigard Street from our access from the private
drive when it is constructed per the city code
• Recognizing that Tigard Street is an important street, we are willing to do
whatever the city wishes in planning for those improvements or in
committing the property to pay for those improvements for our 28 `/z
Ft when they are done Likewise, I am willing to commit the existing
residence at 10085 Katherine to improvements along that street although
I believe that sidewalks and curbs would detract from the charm of all
Katherine Street properties because it would cause removal of the very
large trees
• A Fire hydrant is located on Tigard Street by Katherine Street The
location is within approximately 300 ft of our two proposed homesites
This partition meets the ob�ectives of good planning The new lot at the rear
of 10085 Katherine Street does not affect that home at all and utilizes an
underdeveloped lot while meeting all requirements of R-4 5 Any increase
in use by increased traffic by one additional home will be mitigated by the
increased tax value of those improvements
Chapter 18 420 O50
Land Partition
A This application complies wrth all known statutory and ordinance
requirements and regulations
B There are adequate facilrties to service one addrtional home which will
be built on the back of the current house addressed 10085 Katherine
Street It will be connected to a lateral line which will be placed to
service a neighboring parcel currently on a septic system The new
home will also have access to a storm sewer system which is in
Katherine Street
C The new home will have access via a private 20 foot wide street to
Tigard Street after a lot line ad�ustment with the 10120 Tigard Street
which is currently being recorded at Washington County
D After the lot line ad�ustment 10085 Katherine will have two 7500 square
foot lots The new lot will have access through the private drive to
Tigard Street
Chapter 18 420 060
Final Plat Submission Requirements
The requirements of this section will be met when the final plat is submitted
�
Chapter 18 420 070
Dedicated Lands
There are beautiful large trees where sidewalks would go on Kathenne
Street There are no sidewalks along Katherine Street now and we believe to
put them in would destroy the neighborhood character We would be
agreeable to having them in front of the new home which would have access
to Tigard Street
Chapter 18 420 080
Recording Partition Plat
These requirements will be met
Chapter 18 510 020
List of Zoning Districts
The new lot sizes and dimensions meet the requirements of the 4 5 zone
Chapter 18 510 030
Types of Uses
It is the intention to build one new approximately 1400 square foot single
family dwelling on the new lot
Chapter 18 510 040
Densrty
The densrty requirement is met by this partrtion
Chapter 18 510 O50
Development Standards
This development meets the standards and no variances are being requested
Chapter 18 705 030
. ,
t
Access, Egress, and Circulation
This property is unusual as it will have two fronts when this partition is
completed The 10085 Katherine Street home will front on a local street,
Katherine Street The back yard or second building site will face a new
private 20 foot wide street which will give this parcel access to Tigard
Street
The 20 foot access to the rear lot of 10120 Tigard Street property
adequately gives our approximately 75 foot frontage service by emergency
vehicals
Chapter 18 810
Street And Utility Improvement Standards
It is not the intention of this development action to do any work on
Katherine Street or to the home at 10085 Katherine However, we are
willing to enter into a restrictive covenant to provide for future
improvements when and if they are made to Katherine and record such at the
time of recording the partrtion with Washington County
We hope to have underground utilities for our new parcel However, if that
is not possible we will pay a fee in lieu of that to the city
\T
� � ���
',' �F � ���r_= _��"t__ _ � _ _ ' _ _' ____ m ` _`_
����eanV�afer��Services �-� - � � � - � - - --- �-- - -r-_ _ _ _ __ � �
Our commitment is clear
November 5, 2002
Miles Schlesinger
11455 SW Shrope Ct
Tigard, OR 97223
Re Minor land partition located on SW Katherine in Tigard, OR
CWS file 2477 (Tax map 1 S135CC, Tax lot 03000, 03100, 03400)
Clean Water Services has reviewed your proposal for the above referenced site
Staff has conducted a pre-screen review and requested completion of a Sensitive
Areas Certification Form Following the review of submitted materials it appears
that sensitive area near this site would only require a 50' buffer Since your
property is beyond the 50' maximum buffer, you do not need a Service Provider
letter as required by Resolution and Order 00-7, Section 3 02 1 This document
shall serve as your Stormwater Connection Permit authonzation from Clean
Water Services as required pursuant to Ordinance 27, Section 4 B All required
permits and approvals must be obtained and completed under applicable local,
state, and federal law
This concurrence letter does NOT eliminate the need to protect sensitive areas if
they are subsequently identified on your site
If you have any questions, please feel free to call me at 503-846-3613
Sincerely,
L��2�
Chuck Buckallew
Environmental Plan Review
� C\D��elopm�nt Svcs\SP 00 7\Concurr�ncc Lcu�rsUS135CC03000 03100 03�}00 Pruperty b�yond min but��r doc
155 N First Avenue Suite 270• Hillsboro Oregon 97124
Phone (503)846 8621 • Fax (503)846 3525•www cleanwaterservices org
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Oor comm�lmcnt is �Icar
Sensitive Areas Certification Form
Prope�ty Owner
Name
Address
City/StatelZip
Telephone Fax
E mad
Authorized Agent
Name
SM Bu�lders, Inc (Contact S M�les Schlesmger)
Address 11455 SW Shnope Court
Cdy/StatelZip T�gard, OR 97223
Te�ephone �503)968-6500 Fax (503) 620-8487
E mail
Pro�ect Location
Street road or other descnptive locat�on
10120 SW Tigard Street and 2 ad�acent propert�es to the south that front SW Kather�ne Street
Legaf Descnption
Gluarter CC Section 35CC Township �S Range lW
In or near(city or town) County Tax Map# Tax Lot#
T�gard Washmgton l S I 35CC 3000 3 I 00 3400
Waterway None River Mde N�A Latitude 45-26-04 Longitude ���_.}6 ,��
Ad�acent Property Information
Street road or other descriptive location
Ad�acent to the west of TL 3400 descnbed above
Legal Description
Gluarter „ „ Section „ �� Township ,„ Range „
In or near(city or town) , „ County „„ Tax Map# Tax Lot#
3600
Waterway „ River M�le „ „ Latilude „ , Long�tude �� ��
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Filc Number
An on-site,water quality-sensitive area reconnaissance was completed on
Date By Title Company
10/24/02 Richard Bublitz& Profess�onal Wetland Sc�entist Env�ronmental Technology Consultants
David Waterman Environmental Specialist
A Existence of Water-Gluality-Se�sitrve Areas
As defined in the Distnct s Design and Construction Standards water quality-sensitive areas
❑ do �do not exist on sde(check appropnate box)
Nore mosr lrkely � do ❑ do not exist within 200 on ad�acent prope�ties or❑ unable to evaluate ad�acent
nor ab[e ro property(check appropnate box)
determ�ne wrth
certarnry • If water-quality-sensitive areas exist complete Sect�on B below
• If water-quality-sensitive areas do not exist skip Section B sign this form and submit to the
Distnct with plan approval package
6 Types of Water-Quality-Sensitrve Areas
The type(s)of water-quality-sensitive area(s)that occur on site or within 200 ft on ad�acent
properties are(check all that apply)
�wetland(s) ❑ spnng(s) ❑ intermittent stream(s) ❑ perenrnal stream(s) ❑ ponds
Sign this form and submit to the District with plan approval package and one(1)copy of the
Natural Resources Assessment RepoR(information and forms are avadable through the
Distnct)
Nore req,�esrrng o The Natural Resources Assessment Report includes
that ful!ussessment
not be requrred see ' Wetland Delineation Report per DSL I Corps reporting requirements(if wetlands present)
a�tuched doc«menl . Rapid Stream Assessment Technique Form and maps or other D�str�ct approved
assessment(if construction or discharge is proposed into through or across an
intermittent or perenrnal streams)
• Vegetated corridor documentation including a base map and photographs showmg the
surveyed location of all sensitive areas vegetated corndors and vegetated corndor
condition
I certify that I am familiar with the information contained in this document and to the best of my
knowledge and belief this information is true complete and eccurate
Property Owner
PrinUType Name PnnUType T�tle
Signature Date
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October 25,2002
Ms Heidi Berg
Cleanwater Services
155 N F�rst Avenue, Suite 270
Hillsboro, OR 97124
Dear Ms Berg,
On October 24, 2002 we performed a water quality sens�tive areas reconnaissance for tliree cont�guous
parcels in T�gard, Oregon totaling 1 2-acres
1S135CC03000 (L0135 SW Katherine Street)
1S135CC03100 (10085 SW Katherine Street)
1S135CC03400 (10120 SW Tigard Street)
The three parcels were shown on the Clean Water 9ervices GIS overlay map as potentially being within a
vegetated corridor of a water quality sens�tive area as shown on the attached map
The first scope of our �nvest�gation was to identify any potential wetlands, streams, or spr�ngs regulated
by Clean Water Services on the sub�ect propert�es We performed a thorough meander survey across
these sites and identified no streams, spr�ngs, or any port�on of the propert�es w�th the potential to meet
the three cr►teria of a�ur�sdict�onal wetland The vegetat�on across the ent�re area was fairly un�form,
consisting oP sparse ornamental trees, lawn grasses, and various weeds Photos 1 through 3 attached with
th�s document show the condition of the parcels The grasses were typical lawn grasses �ncluding
Agrost�s sp (Bentgrass), Loltum sp (Ryegrass), and Poa sp (Bluegrass) Weeds were common
throughout, pnmanly Taraxacum o�crnale(Common Dandelion, FACU) We could find no areas on the
sub�ect property tliat had the potential to meet the three criter�a of a�unsdictional wetland, and as such, no
data plots were warranted
The water quality sensitrve areas overlay shown on the Clean Water Services GIS map encompassed a
250' setback from a mapped waterway that supposedly has its origm approx�mately 75' west of Tar Lot
3400 Tlierefore tl�e second scope of our invest�gation was to �dentify and brtetly assess th�s feature and
determ�ne whether rts vegetated corridor would have any potent�al encroachment on the sub�ect
propert�es The first aspect we invest�gated �n regards to this offsite waterway was the supposed crossing
at Kathenne Street As demarcated on the attached map, we did identify a stormwater outlet into a ditch
at the west termmus of Kathenne Street (The portion of Kather►ne $treet west of the dayliglit point is a
city park with unimproved nght of way) This waterway appeared to be strictly stormwater-dnven, as we �
were able to follow the stormwater lme up Katherine Street to the east via numerous catchbasins along the
road We did not ident�fy any "T" �nto this storm system from a natural water body As shown on the
attached map, the head of d�e ditch at the daylight point �s well over 200' away from any portion of the
sub�ect property, so no further analys�s of this feature was warranted The second aspect we investigated
in regards to the offsite waterway was a cursory invest�gation on Tax Lot 3600 The Fes�dent (son of the
property owner) of this property allowed us access onto the site to per�onn a bnef investigation He
claimed that_historically there was a drainageway that was aligned roughly north to soutli across tlie bacl.
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s�de (west) of the property, then �n the 1960's when the ad�acent properties to the south and west were
subdivided and developed, the dra�nageway was effectrvely blocked off, �uhich causes water to back up
7nto h�s property durtng the wet season Dur�ng our �nvestigation, the vegetatrve character of the area
�ust�fied the h�stoncal scenario g�ven by the resident The back portion of that property consisted of a
thicket of Rosa nutkana (Nootka Rose, FAC) mixed with Phalar�s arundinacea (Reed Canary Grass,
FACW)wh�ch graded into an assoc�ation of�asture grasses and Carex sp (Sedge spec�es) Upgrad�ent to
the east the vegetat�on graded out of the Carex into an association of solely pasture grasses, primanly
F�stuca arundinacea (Tall Fescue, FAC-) with lower percentages of Agrostrs sp (Bentgrass spec�es,
� FAC) Then at the eastern port�on of the property near Tax Lot 3400,the vegetation was an assoc�ation of
Rubus drscolor (Himalayan Blackberry, FACU) with various pasture grasses No evidence of a
channel�zed waterway was found cross�ng from this property onto adJacent propert�es as shown on the
GIS map
The cursory investigat�on allowed to us by the resident of that property was not for the performance'of a
full wetland delineat�on on that property The information we were able to gather from the property was
that the easternmost encroachment of a vegetation assoc�ation that appeared to meet the hydrophyt�c
vegetation definit�on was a patch of Phalarrs arundinacea (Reed Canary Grass) that was paced off as
being approx�mately 100' from Tax Lot 3400 The Carex-dommated assoc�ation was approximately 160'
from Tax Lot 3400
Based on the offs�te invest�gation allowed us, we were not able to conclude with absolute certainty that
wetlands were present on Tax Lot 3600(neither hydr�c soils nor wetland hydrology were confirmed) But
given the vegetative condit►on, we can make the conservative assumption that the areas described above
likely meet all the three cnteria of a wetland A�cord►ng to Table 3 1 of Clean Water Services Des�gn and
Construction Standards (Chapter 3) the max�mum buffer widths for a wetland with ad�acent slopes less
tlian 25% is 50' (Slopes are clearly less than 25% in the area as ev�dent from the attached USGS quad
map and the photographs ) Given the results of our tnvest�gation that potential wetlands are present
start�ng at approximatel� 100' from the property line of Tax Lot 3400, we con,clude that the 50' vegetated
corridor of any potential wetlands on that property do not encroach on the sub�ect property
We request that Clean Water Services not requtre a full Natural Resources Assessment in accordance with
Appendix C of the Design and Construction Standards, as additional mvestigation of the potenttal offsite
wetlands will have no beanng on the sub�ect property
Maps and s�te photographs are included with this packet as supporting documentat�on Please call if you
have any questions
Sincerely, �������
Dav�d Waterman �J Bublitz,P 1
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environmental technology Consultants
Sub�ect Property
__ __Water Quality Sensrt�ve Areas Overlay _ _ TL 3000,3100,3400, Tigard and Kather�ne St �
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environmental technology consultants
Sub,ect Property
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environmental technology consultants
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1
WIL�,IAIVI L, OWEN an SSOCIA�'ES �
Tree and Landscape Consulting 5ervices ���
P O BOX 641 PORTLAND,OREGON 97207 503/222-7007 �o�°�` �°`ia4°;,
T�°ee e o�t
�
for
S 1V� �ui�der�, Iaac. Project
10120 S W Tigard Street
Tigard, OR 97223
Prepared for
Mi�es Schlesinger
S M Builders, Inc
11455 S W Shrope Court
Tigard, OR 97223
Felbruary 25� Zoo3
Prepared by /
William L Owen, B S , M A, C A
Registered Consulting Arborist#ii4
�"� American Society of Consulting Arborists
Diplomate,American Board of Foiensic Examiners
INSPECTION DIAGNOSIS AND EVALUATION OF TREES SHRUBS AND RELATED PLANTINGS
CONSULTATION WITH RESPECT TO PLANTING TRANSPLANfING PRESERVATION MAINTENANCE AND
ARBOREAL PLANNING COMPREHFNSIVE LOSS OR DAMAGE REPORTS DULY SANCTIONED APPRAISALS
� FOR LEGAL OR CONTRAC'I'UAL PURPOSES LEGALLY ACCEPTABLE TESTIMONY IN COURT CASES
f '
WILLIAIVI L OWEN an� SSOCIATES '� '
Tree and Landscape Consulriilg Serv�ces ����'���1 l`
1'O I30X 641 PORTLAND ORhGON 97207 503/222 711U7
Febi uai y 25, 2003
Miles Schlesinger
SM Butldeis, Inc
11455 SW Shrope Court
Tigard, OR 97223
RE 10120 SW Tigard Stieet Pio�ect
Tree Report
Dear Mi Schlesinger
Enclosed find the tiee report on the sub�ect pio�ect lt chaiacterizes eveiy tree on the i(u��
piopeities involved but caiuiot show tlie full constiuction inipact until I have a full scl ���
aichitectuial and engineering drawings foi the site Only then can I do lhe mitigalion and in�pac,l
statements necessaiy to meet Crty of Tigard requirements
Please advise me if you need additional information to th�s report
Thanlc you
Veiy truly yours �
���,i /
�
i��i
WilliainL Owen, BS , MA , CA
Registered Consulting Arborist#114
American Society of Consulting Arboi ists
Diplomate, American Board of Forensic �xaininei s
r , ,��_�__--_--__�___�.__
w � T
y� a' "�g INSPECTION DIAGNOSIS AND EVALUATION OF TREES SHRUBS AND RELATE D PLANTINGS
� � CONSULTATION WITH RESPECT TO PLANTING TRANSPLANTING PRESERVATION MAINTENANCi A�'U
�� ARBOREAL PLANNING COMPREHENSIVE LOSS OR DAMAGE REPORTS DULY SANCTIONED APPRAISALS
� FOR L�.GAL OR CONTRACTUAL PURPOSES LEGALLY ACCEPTABLE TESTIMOIVY IN COURT CASES
�
_�,b„
----�- -r^--
TABLE OF CONTENTS
�
Assignment and Purpose 1
Method of Analysis 1
Present Condition 1
Findings 1 - 6
Recoinmendations 6 _ g
Summary 9
Species Glossary 10
Pruning Standards 11
Standard for Fertilizing C 1 - CS
Assumptions and Limiting Condihons
Site Plan
/
TRE� RCPORT
S M Builders, Inc Pro�ect
For Miles Schles�nger
at 10120 S W Ttgai d Sti eet
Tigard, OR 97223
1) Ass�gnment and Purpose
The Assigrunent �s to survey of the trees on the sub�ect srte as plaiuied, to determine 1) lh�
present condition,viability and prognosis for sui vival and 2)their suitability for preservalio��
as landscape amenity trees The Purpose is to meet the requirements of the City of T��,ai�l
Tiee Ordinanc,e for suc,li pro�ec,ts
2) Mcthocl of An�lysis of Tree Populat�ou
A visual inspection was done looking for typically noimal specimens and for abnormalitics
and indications of disease, (dead tissue, galls, c,onks etc ) to find visual symptoms of ti ec
failure or hazard In addition, in so far as possible visually at this point in the procc�s
piognosis for survival considering the impact of construction is assessed
3) Present Condihon
a) See tree schedule ff
b) Insects & disease Evidence of scale mites, aphid Typically normal Evidenc,c. of
apple scab, leaf blight
c) Man-caused damage Improper piuning and ioot compaction, neglect
d) Nature caused damage Storm damage in larger trees
4) F�ndings/Problems/Recomme��ded Solut�ons
The information following in the tree schedule is provided to inform all concerned parties regarcl�n�
the impact of the sub�ect pro�ect on the trees marked to be preserved on the plot plan enclosed, as
well as prognosis
See plot plan enclosed with tiees numbered per following schedule *4 00 feet above ground oi ils
equivalent, per City of Tigard requirements
1
S M Quilders//WLO&Assoc#0227
Tree Schedule
Tree Size Tree Species Condrtion Remarks
#
1 52" Cottonwood Fair Split stem at 4' to 30" and 36" stems
One stem to southeast and one stem to
northwest Southeast stem leans toward
Tigard Avenue Tree needs attention,
prumng, cleamng out of dead wood, but
is preservable Will require cabling
system, if reserved
2 52" Cottonwood Fatr Split stem at 4' Very similar in all
iespects to tiee#1 Splil stems are 26"
and 36" One to southwest and one to
northeast Same requirements as tree#1
Both trees # 1 and #2 appear to be
unaffected by the construction, though
lree#2 will be within a few feet of the
new driveway With proper professional
care, tree should be reservable
3 38" Cottonwood Fair Split stem at 24" Strong lean to south �n
both stems, 14" and 17" Curve upwards
at approximately 15' Tree near the edge
of the driveway as planned if the
driveway cannot be moved to the north,
at least 8 feet, the tree cannot be
reserved
4 Cottonwoods, Naturally occurring multi-stemmed from
5 clumped 6" to no more than 12" in two of the
6 6"— 12" stems They are in good condition
7 variable though with some lean in certain trees to
8 diameters the southwest Typically a naturally
occurring clump, a series of multi-stem
trees Preservable m present plan and
would be an asset to the property if
reserved
9 13" Apple Poor This tree has been neglected and not
properly pruned Shown on edge of
driveway Not preservable if driveway
isn't moved
2
S M Bwlders//WLO&Assoc#0227
10 13" Plum 1'air Poor pruning history Triple stem at 4'
with included bark In need of proper
care Not threatened by construction at
this time Could be retained but would ;
need cabling long term No need to �
remove unless construction forces the
tree out
11 13" Plum Fair Qurte similar to tree #10 Fork stem at 3'
wrth included bark Heavy on one side o1 ,
scaffold but wrth proper pruning could bc �
retained Not threatened by construction
as drawings a ear at this oint
12 11" Maple Good Should be preserved if possible because
of condrtion and location on the ro erty i
13 13" Maple Good Pair to tree#12 to the south
approximately 20' Similar tree in all
respects Reta�nable as the draw�ngs
iudicate at this point If possible should
be retained
14 8" Multi- Hawthorne Fair Spread out with much advanticious �
stem sucker growth Another clump to the �
8" southwest approximately 9' (is not listed
8" on plan) in similar condrtion These trees
7" could be retained because they appear to
8" be out of range of construction Will �
require substantial professional work to �
bring them into reasonable condition
Could be assets to property if that was �
done
I S 7" Plum Fa�r Substant�al fasciation (mistletoe-like)
clumps in the tree Not a particularly �
significant tree Could be retained and bc
an asset to the property but will need
rofessional work �
16 10" Pear Fair Poor pruning history Split in stem with a
double stem at 3 1/2' Is retainable and
could be left and pruned properly Not a
tiee bf significance or one which should
re uire s ecial treatment to retain
� �
S M Bwlders//WLO&Assoc#0227
17 11" Birch Good Distinct lean to southwest (approximately
20 degrees) A tree (except for the lean)
in good condition The driveway as
planned comes directly to the north of the
tree such that it would not survive the
construction unless the driveway is
moved 10 feet to the north
18 12" Maple Good Split-stem at 3' with suspicious included
bark, but still basically a good tree with
good form in the two large scaffold
branc,hes forming the crown Appears to
be free of any incursion from
construction A tree worth preserving
with cablin and rofessional care
19 13" Pine Fair Lean to the north of approximately 18
degrees in the first 20' of the stem, then
curves upright A possible problem tree
for stability underground based on the
appearance of the root structure at ground
level Possibly a retainable tree but will
require further professional investigation
of its stabili in the round
20 14" Maple Good Split-stem with co-dominancy at 5 '/2'
with included bark A decent tree with a
good overall crown formation which,
though it has some poor branch cuts in its
history, still could be an asset to the '
property if it does not have to be removed
for the construction Will require
professional care and cabling �n time
because of the s lit stem
21 15" Apple Very Poor Bad pruning history, with broken
branches, odd shaped crown, surface
rooting, potential girdling root problems
Typical tree for a back yard, but nothing
special to take special pains to preserve if
cor��truction will not allow rt or threatens
it Xt is in need of professional work and
resha in
Notes On the plot plan to the east of trees 21 and 22 along the property line are three
Portuguese laurels shown as drip line circles which are not trees and do not qualify under the
ordinance
4
S M Builders//WLO&Assoc#0227
22 9" Apple Very poor Severe lean to the south Split stem at 4'
but a good uruon Very much in need of
professional help Lean to the south is
significant, 12 to 15 degiees As with
tree#21, not a tree wortl� taking special
pains to preserve
23 30" Scotch pine Split stem at 5' with �ncluded bark on
(measured ma�or stem to the northwest, and another
at 3' to the southeast 19" and 20" Will
above require cabling and professional care to
ground ieta�n Is in position to be retained and be
due to an asset to the property if properly
scaffold maintained The southeast stem at 20'
spread) has a secondary scaffold branch coming
out at an odd angle curving back toward
the northwest, but the tree overall is
preservable and is a good candidate to
reserve
24 24" Oak Fair Tri-stem at 11' with some included bark
(Oregon white) on the east face, Basically a decent old
oak with a poor pruning history to clear
the road, but is preservable In this area,
if any dramage or sewer line construction
is done, tlus is a tree worth working
around and preserving because of its size
and a e
25 30" Oak Fair Split stem at 8' to the north and south
(Oregon white) with 14" stems going upwards Defimte
�ncluded bark extrusions on the east and
west sides with scarring evident Worth
retaimng because it can be cabled and if
professionally maintained, because of its
size and age, can be retained as an asset
to the property This tree has also had
some indisciiminate pruning over the
roa�way which is unfortunate It also has
some root da�nage in the driveway, yet it
appears to be stable If it is possibly in
_ the path of a sanitary sewer line for the
pro�ect,the sewer lme should be moved
to go past the tree and give it clearance
because of its age and si�nificance With
rofessional care it can cemain
5
S M Bu�lders//WLO&Assoc#0227
26 30" Oak Fair Lean to the west of probably 7 degrees
Crown is somewhat one-sided There is
breakage and poor prurung history, yet
the tree has much character and can be
retained if properly pruned to balance
weight in the crown because of the lean
Another tree to retain because of its age
and significance Old ivy vine is still ii�
the tree although cut at the ground leve]
Dead old vines should be removed
27 11" Maple Fair At 8' there is a split stem with a fork of
6"moving to the south co-dominant witl�
included bark at that point One-sided
pruning history leaves the tree with a
somewhat odd shape Preservable if
ro erl maintained
28 14" Splrt- Flowering Plum Very poor Multi-stem growth with natural grafts anci
stem much advanticious growth in great need
10" of professional care Tlus tree is a mess
The beautiful spring blossom period is
probably the reason it has been kept to
this po�nt Very poor pruning history ancl
in need of professional care It is in line
with tree#27 in the corner and can be
retained based on the drawings, but needs
a lot of work to make a decent tree out o i
it Basically I would remove and replace
that tree rather than spend money tryin�
to make �t look decent
1 rees on this site vary as trees 12"and below, and above 12" in dianieter The ordinance refei s io
trees "over 12" in diameter at 4' above the ground" However, I have included all of the trees foi
consideration to give the greatest basis for decisions on which trees to preserve on the pro�ec�
regardless of size differential The best example of this are trees#4, 5,6,7&8 as described in il�c
tree schedule When a full engineering drawing showing building and construction impact ,s
available, I will apply the ordinance to it for removal and mitigation specifics Following are tli�
general tree preservation specifications explained to �eet City of Tigard Tree Ordinanc,e
requirements �
5) Recommendations
a) Before Construction
Removal of trees for buildings and parking lot area
C
S M Bwlders//WLO&Assoc#0227
1) The tree clearing contractor should be required to submit and review with the
developer and the Consulting Arborist plans for how the trees will be
removed Specifically, the plan should descr�be the eqwpment to be used,
method of cutting,cliiec,l�ans o( fall as nec,essary,roules lur removal of wood
debris, loading area loi wood and debris, how trees to be retained will be
protected from damage in the process (both above and below ground), and
any other information necessary in a good clearing ancl removal plan in a
sensit�ve, closcly pioximatc, tree prescrvation area Lhis plan must be
approved by the developer and the Consulting Arborist before the clearing
begins and must be strictly followed
2) As a prei equisite to#1 above,tree ai ea protection fencing shall be i�istalled at
the drip line of each tree to be pieserved The fencing shall be oranbe plastic
type, at least 4' high, wired fiimly to steel posts, driven into the giound no
farther apart than 8' O C , stretched as tightly as possible to give a smooth
appearance The fencing installation must be �nspected and final approval
given by the Consulting Arborist before c.learing, grading, or otlier such
construction activity begins on the proJect 1 he fencing shall only be moved
or removed on written permission of the Consulting Ar�orist
3) In light of(1) above, it must be made cleac to the clearing contractoi that he
will be held responsible for damages(as professionally appraised)to any tree
or trees marked to be preserved, if such damage is due to c�ntractor
negligence by fail�ng to operate�n a safe and prudent manner in the clearing,
giading and tiee removal opeiation
4) The Consulting Arboi ist must be notified at least 48 hou►s in advance of any
work on the site,and will be on call during feuce installat�on and site cleat�ng
work, and will also inspect without pr�or notice, to insure full compliance
with 1, 2 and 3 above
b) During Construction
Dur�ng construc.tion of the pai kuig lol and buildings,decis�ons must be ma�le on-site
by the Consulting Arborist regard�ng specific ioot impacl/interface p�oblems,
working closely with the construction contractor Long experienc,e has demonstrated
that this teclmique is the best way to max�mize retenlion of trees Often,only on-site,
in speciiic refeicnce to Uie biuldui� layout,cxact location of build�ngs,pailcing lots,
etc can these decisions best be made I ha�e been ietained by l�liles Schlesinger to
supervise tree preservation activities on this construction site,beginning to end By
working closely in pre-construction meetings, meetings on-site with the contractor,
and as necessary on-site during near-tree construct�on, critical �vork around trees to
be retained can be done with the least impact on the trees
c) Post Construction Therapy
7
5 M I3uilders//WLO&Assoc#0227
1) Ongoing maintenance specifications required for all trees retained All tre�
work to be done only by State Licensed/International Society of Arbonculti.uc,
Certified Arbonsts, as directed by the Consulting Arborist
a) Prumng to be done to Standards of the American National Standard5
Institute for tree work(see enclosed ff)
1) Dead wood, stub, hanger removal
2) Crown shaping as needed for better appearance/balance
3) Thimm�g for wind sail reduction, where necessary, tree by
tree, as recommended by the Consulting Arborist Note
thimm�g of any tree crown shall not exceed 10% unless
specifically directed by Consulting Arborist
b) Fertilization to National Arborist Association Standards, Soil
In�ection method (see enclosure)
1) Formula to be slow-release, liquid with trace elcments, w�th
Mycorrihiza supplements
2) Specific ratio NPK and trace elements to be approved by
Consulting Arborist in advance
3) Specific timing of application to be set by Consulting
Arborist,but must occur only between July 15 and August 15
of the first growth year following completion of construction
work around trees unless specified otherwise by the
Consulting Arborist
c) Irrigation for the trees need be by natural rainfall only,except as may
be modified by Landscape Architect and Consulting Arborist in
relation to the designed-in landscape trees and shrubs (Plantin�;s
under native tree species should be chosen accordingly)
d) Insect and disease control(plant healthcare)treatrnents,if any,will be
based on specific need only The type, amount and timing of
applications to be woiked out by the Consulting Arborist in
con�unction with the Certified Arborist Contractor chosen to do tl�e
work
2) Monitoring Program /
a) A critical element in tree preservation in construction trauma
� impacted trees is periodic, ongoing inspection of the trees by the
Consulting Arborist who 1) did the imtial examination, and 2)
witnessed the construction impact on a specific, tree-by-tree basis
8
S M Bu►Iders//WLO&Assoc#0227
b) 1 ree monrioring inspection should be done twice annually, Spring
and Fall (April-May and September-October) for the first three
growth yeais following complet�on of construct�on, then (normally)
once annually thereaflei
c) Inspection findings for maintenance therapies should be specified in
writing for necessaiy tree maintenance work
G) Swniva�y
The foie�oing shows what is necessary and possible to do on the site iegard�ng tree preservation,
both now and ongoing, how and when the necessary work should be done, by whom, and undei
whose diiection when the full constiuclion plan is available lf the lindings and iustructions herein
are noted, observed and cari ied out as recominended, the result ca�i be a well duue addition to the
City of Tigatd,with a preserved natural tree population that should ilot only sutvive the construction
but also be set up to enhance and enduie for years lo come
Cerhfic�►hon
I certify that all the statements of fact ui the foregoing 1 ree Repoit are true, c,on�plete and correct
to the best of my luiowle id beli id are ul good fa�th
� � �S� �.3�.3
Wil iam O , S , M ,
Registeied Consulting Arborist #114
Amencan Society of Consulting Arboi ists
Diplomate, American Board of Forensic Examiners
t
9
S M Buildeis//WLO&Assoc#0227
C
S 1VI Bu�lders, Inc. Pro�ect
SPECIES GLOSSARY
Cottonwood Populus trichocaipa
Apple Malus spp
Plum Prunus spp
Maple Acer platanoides
Hawthorne Crataegus oxycantha
Pear Callery spp
Birch Betula pendula
Pine Pinus sylvestris
Pine Pinus contorta
Oak Quercus garryana
/
10
S M Builders//WLO&Assoc#0227
� � �
With the Amencan Nat�ona!Standard for prun�ng, ANSI A300, specifications can be wrrften �n a
wrtual infirnfe number of combinat�ons The followrng �nformation rs desrgned to he/p yvu
understand exactly what w�ll be accomplrshed in a pruning operat�on
�!'�C1C� �I��
A minimum or maximum diameter size of branches to be removed should be specif�ed in all
pruning operations This establishes how much pruning is to be done
Pruning Objectaves
Pruning ob�ectives should be established prior to beginning any pruning operation A300
provides two basic ob�ectives
Hazard Reduction Prunsng
Hazard reduction pruning (HRP) is recommended when the primary ob�ect�ve is to reduce
the danger to a specific target caused by visibly defined hazards in a tree For example,
HRP may be the primary ob�ective if a tree had many dead limbs over a park bench
AAaintenance Pruning
Maintenance pruning (MP) is recommended when the primary ob�ect�ve is to maintain or
improve tree health and structure, and mcludes hazard reduction prunirtg An example
here might be to perform a MP operation on a front yard tree
Pruning Types
Hazard reduction pruning and mamtenance pruning should consist of one or more of the
pruning types noted below
Crovbn cleaning Crown cleaning shall consist of the selective removal of one or
more of the following items dead, dying, or diseased branches, weak branches
and watersprouts
Crown th�nning Crown thinning shall consist of the selective removal of
branches to increase light penetration, air movement, and reduce weight
Crown raiseng Crown raising shall consist of the removal af the lower branches
of a tree to provide clearance
�
Crown Reduction, or Crovun Shaping Crown Reduction decreases the he�ght
and/or spread of a tree Consideration should be given to the ab�l�ty of a spec�es
to sustain this type of pruning
Vista Pruning Vista Pruning is selective thinnmg of framework I�mbs or specific
areas of the crown to allow a view of an ob�ect from a predetermined point
Crown Restorat�on Crown Restoration pruning should improve the structure,
form and appearance of trees which have been severely headed, vandalized, or
storm damaged
- over-
NATIONAL ARBORIST �►SSOCIATION
S�a�dard for ��rt�l�z�n� Sha�e �
O��ar�ent�l 1'r�es
(Rev�sed 198n
f������C�'��
This standard serves to provide a guide in drafting specifications for the application of fertilizer to shade and ornamental trees as
well as a standard of practice Trees in the forest or commercial nursery either field or container grown may have different
env�ronmental considerations and are not addressed in this standard
It is suggested that the entire text be read before specifications are deveioped All of the following should be included soil test
type of fertilizer fertii�zer analysis rate of application time of year and method of application
The purpose of fertilizing landscape plants is to maintain satisfactory vigor promote healthy growth assist the plant �n
overcoming the adverse effects of diseases or insects or to correct mineral element deficiencies Plants requ�re at least sixteen
chemical elements for proper growth and development Three of these elements — carbon hydrogen and oxygen — are
provided by air and water the other essential elements are obtained by the roots from the soil Nitrogen is used in large amounts
by plants is easily leached and often volatile It may be necessary to apply nitrogen annually or biennially Variations in methods
and recommendations are expected in different regions Therefore it is recommended that soil be tested every two to three
years The test will report quantities of chemical elements calaum phosphorus potassium and magnesium The test will also
provide a pH reading which is a measure of the acidity or alkalinity of the soil The actual soil pH inFluences nutnent absorpt�on
and plant growth through the effect of hydrogen ions on nutnent availability Each essential nutnent is only available to plants
w�thin a specif�c pH range
The presence of a chem�cal element(nutrient)in the soil is no guarantee that it is in a soluble form available for plant absorption
The concentration of hydrogen and associated ions affects soil reaction and the formation of soluble and insoluble compounds
All nutnents must be in solution to be available for root absorption
Foliar analysis for determination of chemical element needs is recommended for trees showing specific nutnent defiaencies It
�s poss�ble to have a soil test�ndicate that adequate levels of all nutrients are present in a soil and still have nutnenl deficiency
symptoms appear on a plant The nutnent may occur in a form that is unavailable to the plant There may also be physical
problems within the so�l such as compaction poor drainage or poor aeration that can affect nutnent absorption
SECTION A: TYPES OF �ERI'ILIZER
I Organic Fertilizer — is that categonzed as derived from a plant animal or synthetic organic source Nitrogen (N)
occurs naturally in organic fertilizers (manures) and gradually becomes available for plant use as the material is
reduced by microorganisms Synthetic organic nitrogen fertilizers are created by coating urea with sulphur or
resin-like materials which make the material slowly availabie for plant use
Organic fertilizers are characterized by a slow rate of nitrogen release long residual low burn and root �n�ury
potential and low water solubility The higher effic�ency of slow release fertil�zers means less nitrogen runoff to
contribute to pollution of streams and subsurface water The un�t cost o(slow release fert�lizer absorbed by the plant�s
actually lower than that of readily available materials �
II Inorganic (Chemical) Fertilizer— is that derived from chemical sources These nutrients are readily available in the
soil and are rap�dly soluble with a short residual period
li I Soluble Fe�tilizer—is m�xed w�th water and appl�ed �n I�quid form Soluble fertilizers may be applied to the foliage to
the soil v�a the deep root feeding method or as a so�l drench treatment Soluble fertilizers are usually inorgan�c and
readily available but may be organ�c and slowly available Matenals with a I�m�ted solubility that dissolve slowly are
often listed on fert�lizer labels as water insoluble n�trogen — WIN (See EXAMP�E I page C-5 for WIN calculations)
SECTION B: FERTILIZER ANALYSeS
I New Plantings — use a high phosphorus fertilizer to assist in plant establishment such as those with nitrogen
phosphorus and potash (N-P-K) ratios of 0-20-0 0-46-0 4-12-4 or 5-10-5
C 1
II Established Pientinga,.--i�se(ertilize�s witt7 N-�' K i atios of 3-1 2 or 3 1 t tor best response ''hese ic►mulatlons rn.�y
be aupplemented vvith traco e ements as local conditions diCtate
Nitrogen fert lizers such as 21-0-D Jn-p 0 or 45-o-0 et�n be appllad �f soll analysi5�nd�c,stes no oth�er nutrlents dre
reyuirPd
Inorganic(water sofuble} nitrogen icrtil�zers stiould be anplied�nnually VPry I�ti'e dvailable nitroge� re�a�ns in tne
soil from yetr to year since most of it+s eithei used by plants�khen ave�lable oi carr�c�l away by waiPr Sy nthetic ar
organ�c n�trOgen ;WIN) m�y be�pplied bienn�ally duc�tc its slow ava�lability
Pho�011arus and potassium are chemiCally bUUnd tU th�soil and becoms slowly dva�laUla thraugh several c,�rowing
seasons They should be included i i tertihz�r aNplic-ation in rnost c'HSes e�ery ?-3 yEars in elther ;p,�ng or fall
whichever is mpre ppnvenient
In light-textured or sana�loam soils F�otass�u�n must be applied anr��ially Suil►ests evPry 7-3 year��ro a mus�whEn
us ng nitrogen fertllizQrs
.7��0��� 0...i pR�L��� �� �6-{f����0 @��
Importsn�QP�roper Rates�—the rates suggested in this Stan�ard shou�d only be usvd as a yu�csel�ne for feri�liz�ng
trees SpecrfsC 8o�ls anc!tol��r test raCammendations from umvcrsity pr private 4e9iing iabs should be tollt,wed when
ay��lable Good }udgement �s ne�essary lo Cletermme whether frequency rate or mPthods should vary rn given
s�tuat+o�s Trees oi the same speC+es may ie5pond d�fferently to rates of tertdizer due to IoCat�on in the landscepe,soil
conditions ralrtf�ll and oth�er environm�ntal fa�tor� Actual fert�lizer rates shoufd be ad�ust�d after cuns�rlermc�
oh site in5pections oi f�l��ge coln� prewnus slern or twig growth general heaNh of the tre2 OI'Othe►en�irOnttl�ntal
factors
I T1'en8plenfing—ferti�iz�tipn at time bt transpl�nUng is recommended to assret in planl re-e5tabhshment and to Supply
phosphar�s necessary for rppt growtt� C�eCauso that�Isment move$v�,ry 81pw1��in soils Appiy 1 Q Ibs of phosphate
containing fertilizer,such a�Q 20-20 Q-46-0 4 12-4 or 5-1(?-5 per cubic yard of backfill A rate flf 10 Ik�y oi super
phospnat�per Cubi� yard is approx�mately equal to 0 5 Ib f9rtilizer�er bushel oi backs�l�
II �stablished Plsntinga—
a} 3quare loal nte4hod-- For optir-iur�plant t,�rowth it is gpnerally recommended to appiy 3 Ibs of actual nrtrogen
per 1 OOQ sq �t of area unde the branct► spr�ad ot thB tree par year,or 6 IbS every two years if foliege coior
annual groK�th or gener�l v�q�r�s not n4i mal �ncreasQ annu�l applicaiion rate to 5-6 I��s Ttie surtace ar8a unde�
the circular branch apread uf a tre�c,�n be c.alc.ulated as foilow� Suriace area=Raplu,x 3 14 The radius is the
d�stance from ihe trunk!o thE edg�s ot tha branch sp�e�d As an exarr�pl� a tree w�th a tc�taf branch,predd�f 3G feet
wpuld heve a radius o( 18 fee! The ar�a �accord�ng to the fcrmula wouid equat 1g r 18 � 3 14 or � 0�7 sq ft
ConsiCering th� rec�mmeridation of 3 Ibs of actual nitrogen per 1 000 sq ft , one w�,Uld apply abeut 17 Ibs of
18-5-9 t fertrl�z�r 3 0-0 1 Es 16 5 Ibs Cautro�r !�the area under the�rrcular branch s�aread contains�m�ervious
5urfacQs su�h as wafks d�ives and�ound�hor7s 1/79R fL�dgPme�l should b�Rxerc�se�y�s t0 �t�he�her tG WSe th�
sq�are foof ine�hod for ca,cu/atron l�educed so�i �rea d�es nat d�rn�rnsh a tred� need fUr fertiliaei how��+er
o�er-application of fertilizgr C�n cause sod ana tree root da-na�e Alternat��p fFrtilvinq m�#hod;may have to be
uti'ized
b) Di�m�ler Qresst H�gt� (DBF9) — PJleasure t��e trunk d�amater 3t 4'� feet nbove yrade Generally tar opt�murr�
qYOwih epply Y<1b �ciu�l nitrogEn per inch D8H to tree�s under fi inches in diamete� �`h-e rata can oe inerea5ed ta
'/a Ib N per�nch pf3H fc,r most trees over�inChes D8f-1 FettiliLing trees usi+�g the Uf31�i formula results in 5rn7i'ar
qu�nt+ties as the surfaee a�ea method Us�nq thP same 6 nch Ddt ti e�as dbUVFS ar�c1 lertilizing with �i:IG aCtual PJ
per tnch G�H would req�,irN 16' Ihs uf 1Fi 5-11
6 Inche�(dia ) k U 5 I!�lincl�(ratej - d U Ib ('cmount ot �J)
3 � Iti (amount ot IVr fJ 18 t°ioN rr 18-5-11) - 16 7 Ibs ol ,S-5 �t
Cauhc�� 1l/ith ;rees yrowing �n �estn�tetl a�eas such as sidew�lk°tr�ps pian+er, �;t� tt�e squdre (oo+inelhcd �s
pre�eiabic to th� DBH rnethod
c) Liquid applicaliQn-- p�lute fe ti�ize� sofutlons shoufd ba aop�ied at*!�e rate recornrriended by the manufact�r�r
accord�ny to �peratir�g pressure �nd flow rdle of the equ�pment to be used Apply�>ufiic�ei;t ��qui�i mixture to
suppiy the r��{uii�.d rate of Ee�'�hzer as dc�tr�rrn�r�ed by the surf�ce area of pBH mg�hod It is �uggested that one
�pply 15� gallons �o each 2 Q00 sq !+ Of surface area n�ect approxirrately ': c�allon of lertil�zer solution p�r
in�ection a+ 2'�ft s�acinqs
C �
1 Square foot method Apply 5 Ibs of N per 1 000 sq ft to trees on the lawn using 32-7-7 formulated fert�l�zer
Calculat�on
5 0 (Ibs N) = 32 (% N) = 15 6 (Ibs 32-7-7 fertilizer)
15 6 Ibs fertilizer x 2 = 31 Ibs of fertilizer added to each 150 gal of water
Each 150 gal of water covers 2 000 sq ft if pump pressure is 150 Igs and in�ection spacing is 2'/z ft
The pump can be calibrated by counting the seconds it takes to pump'/z gallon of solution into a bucket Each
operator should calibrate his pump counting off the seconds and use this same count and cadence while
in�ecting the probe into the soil
2 Diameter at Breast Height Method Apply �/2 Ib of N per cal�per inch to trees on lawn using a 32-10-5 formulated
fertilizer
Calculat�on
5 (amount of N/inch cal 0 - 32 (% of N in 32-10-5) = 15 6 Ib of fertilizer
15 6 Ibs of fertilizer x 2= 31 Ibs of fert�l�zer added to each 150 gal o( water and appl�ed as per grid above �n
surface application problem
SECTIO(il D: TIMING O� F�RTILIZE6t APPLIC�TIONS
All of the following guidelines are sub�ect to regional and climatological differences Autumn is an ideal time to fertilize generaily
after the first hard freeze and until the moisture in the soil freezes and root activity ceases In the southern areas of the country
where the ground does not freeze root growth in many cases will continue all winter long Early spr�ny belore budbreak�s also
an appropriate time When leaves have fully expanded fertilizing can continue until early July However treatments of readily
ava�lable inorganic nitrogen between July and September could promote a late flush of growth wh�ch may not harden off before
freezing temperatures in autumn and in�ury could occur Mid to late-summer fertilizer applications should be lim�ted to
correcting specific element deficiency problems
SECTIOt�I E: 11�9ETHODS OF �ERTI�.IZER APPLI�ATlONS
I Su�tace applications—Fertilizer is placed in a spreadercalibrated to apply the proper amount of mater�al per 1 000 sq
ft Care should be taken to avoid excessive overlapp�ng The application can be made in either concentric circles or in
linear stnps starting 2 or 3 feet (rom the trunk out to 5 to 10 feet beyond the drip line of the tree
Only fertilizer sources that contain nitrogen alone should be surface applied Fertilizer should be applied when grass
blades are dry After the fertilizer has been distr�buted it should be washed o(f the grass bla<les immediately us�ng a
lawn spnnkler or irngation system Fertilizer remaining on grass blades that become wet following a light rain or dew
formation occasionally causes burning
To prevent the soil from becoming deficient in phosphorus or potassium following annual surface applications of
nitrogen it is desirable to add these nutrients as needed according to soil analysis Without soil reports the NAA
suggests phosphorus at 3 61bs of phosphoric ac�d (Pz05) per 1 000 sq ft and potassium at 6 Ibs of potash (K20) per
1 000 sq ft Phosphorus will not burn grass if used at recommended rates
Phosphorus should be appl�ed with the drill hole or I�quid in�ect�on method because �t �s su �nsoluble and does not
move down to the roots if applied as a surface treatment
Caut�on potassium and nitrogen may burn turfgrass when applied at recommended rates Irrigation of lawn areas
should follow surface applications of these fert�lizers
I I Dnll Hole Method—The drill holes should be placed�n concentric circles in the soil around tl��tree beg�nn�ng 2-3 feet
or more from the trunk and extend�ng 5-10 feet or more beyond the dnp line Space holes Z feet apart and drill them
8 15 inches deep depending upon the tree species root growth patterns and type of so�l �n the root area The
recommended rate of fertilizer should be un�formly distributed among the holes Depend�ng on the diameter of the
hole it can be filled following fert�l�zat�on w�th peat moss calcine clay perlite small crushed stone sand or other so�l
amendment
If the area beneath the spread of the branches�s restr�cted reduce lhe applicat�on�n proport�on to the area or number
of holes that cannot be made Use a suitabie measuring device and a funnel to apply the fertilizer in the holes If
desirable�n sodded areas the holes may be closed by press�ng from different angles with the heel of the worker s shoe or
by cutting and lifting a plug of grass f�ll�ng the hole to w�th�n 4 �nches of the top add�ng so�l and replac�ng the plug Keep
the fertilizer at least 4 inches below the top of the hole in turf areas to prevent burning o(the grass by dehydration Irngation
tollowing fertilizer application w�ll help prevent �r�}ary to turf however do not flood the area as d�ssolved fertilizer may be
carned to the surface and cause turf �n�ury
C3
When fertilizing trees that contain shrub or herbaceous plant beds within the root area of tre s care must be taken not
to punch holes closer than 6 inches to the crown of small plants Azaleas and other plants hav�been in�ured or killed by
fertilizer in holes placed too close to the plants
The opening of the soil that results from use of tfie dnll hole method allows for penetration��f both water and a�r Thrs
�ncrease �n sorl oxygen supply rs olten as valuable as the addit�on ol lert,lizer
I I I Liquid In�ection Method — In�ections using a soil probe or lance should be 2'/z feet apart and 8-12 inches deep for
trees Begin lance in�ection 2-3(eet from the tree trunk and work out 5 10 feet beyond the �_'rip line of the branches
Use a I�ydraulic sprayer at 100-200 Ibs pressure and a soil lance designed for liquid fertili��r with a manual shut off
valve and three or four horizontal discharge holes at 90 degrees in its point In�ect f�alf a gallon of i�rtilizer solution into each
hole l he addition of water to dry soil as occurs dunng the liquid in�ection process is an excc.11ent side-benefit
IV Foliar Sprays— To correct minor element deficiencies spraying liquid fertilizer on the foli��e should be considered
especially for correcting iron defic�ency using chelated �ron This method should not be regarded as an adequate
means of providing all the necessary mineral elr nts required by rna�or element-defic�ent plants in the amounts
necessary for satisfactory growth Micronutnent spray applications are most effective ��I�en made �ust before or
during a period of active growth usually from spring to early summer Response as indicatc 1 by greening of chlorotic
foliage and normal growth coming from buds on affected shoots is usually observed from 2 to 8 weeks after treatment
but response time varies Factors in response time include the plant species age of plant and its parts time of year
severity of the deficiency and soil conditions under which plants are growing One or two ap��l�cations dunng the year
will generally prevent or control deficienc�es but under some conditions it may be nFr essary to rnake severai
treatments annually to maintain healthy growth
V Trunk In�ections and Implants — These methods are used for specif�c elernent deficienries part�cularly �ron or
manganese as well as for trees growing where tf�ere is restricted so�l surface area under ti�e drip line
In�ections or implants should be made as low as possible on the trunk Normally this is done r�ith a clean sharp drill o(
the appropriate size Capsules should be implanted beneath the bark and completely int�� the xylem tissue Early
spring before growth starts is the best time for trunk implants and in�ections Wound closur�� is most rapid from spnng
treatment
Trees under 4 inches in diameter should not be treated with in�ection or capsule implants Do not in�ect or implant
when soil moisture is low as severe foliar burniny may occur
SECTIOf�I F: ADDITIONAL �ERTILIZER GUIDEL��lES
Proper and Umely applications of iertilizer will produce benefic�al results on rnost trees Newly establ�shed trees w�ll grow more
rapidly following fertilization with a nutrient or comb�nation of nutrients that prev�ously were preseni �n only I�mited amounts in
the soil The results are shown in increased leaf size length of current season twig growth and mor�� rapid increase in height
Slow-growing tree species may also be stimulated to grow faster by fertilizing
Abnormal leaf color and small leaf size o(ten indicate nutrient deficiencies in tf�e soil Var�ous colors or patterns of� olor�ndicate
deficiencies of spec�fic essential nutrients The leaves of many trees become darker gr�en follow�ng fertilization �nak�ng ther�n
more conspicuous and attractive
Fertilizing can help ma�ntain mature trees in a vigorous growing cor�dition A v�gorously yrowing tree is more w�nter hardy and
less susceptible to many d�seases and �nsect pests than �s a less viqorous tree Canker causing fungi occur more c,ommonly in
weakened trees Also many of the non-infectious tree diseases develop when soii nutrient oxygen and moisture conditions are
unfavorable Healthy vigorous trees tend to resist borers while those growing under unfavorable moisture or nutnerit conditions
are more susceptible to attack by these �nsects
Established trees weak�ned by leaf d�seases �nsect defoliaUon mechan�cal �n�ury so�l compacUon drought or other causes
often show reduced twig and trunk growth or dying of branch ends Fertil�z�ny may st�mulate additional growth so�hat the plant
can compensate for the adverse cond�t�ons that caused decl�ne
I To Prevent Plant In�ury —Avo�d use of lawn fert�lizer/herb�c�de comb�nat�ons where the roots of desirable and sens�t�ve
vegetation could p�ck up herb�cide Herb�c�des for use around trees should be appl�ed separately at the rates suggested on
the label
II Fertilizing Sensitrve Plants —
a) When fertiliz�ng Amencan Beech and broadleaf evergreens reduce appl�cat�ons of�norganic fertilizers lo one-half the
label-recommended rates of fertil�zer or use slow-release mater�als �nstead
b) Be aware that over fertilizing small trees such as flowering crabapples can result �n excess�ve succulent growth
Succulent growth is more prone to fireblight symptoms on susceptible plants such as pear Jonath�n apple and
mountain ash
C4
��� Fertdize in Moist Soils— Fertilizer should always be appl�ed to mo�st soils to enhance fert�l�zer uptake reduce fertilizer
in�ury to plants and aid in so�l�n�ection or dnll hole treatments If soils are not moist irngation should precede fertil�zation
to moisten the plant root zone area The liquid in�ection method of fertil�zing trees and shrubs will help moisten the soil �n
the root zone while apply�ng des�red nutr�ents The benefits of water in dry so�l w�il reduce nutnent as well as moisture
stress
IV Fert(lizing Excessrvely Wet Soils—Avoid fertilizing trees growing in soil that is excess�vely wet The roots in wet soil are
often damaged from lack of oxygen caused by the accumulation of toxic gases Adding fertilizer in any form may
contribute to root in�ury
V Read the Label—Read the entire label of any fertilizer product before application and apply per label recommendations
EX�1�IPLE 1
Slow release fertilizer is measured by the percentage of water insoluble nitrogen (WIN) Use the following formula to determine
the percentage of water insoluble nitrogen in a bag of fertilizer
%of WIN X 100 = %of N that is slow release
%oftotal N
Example for a fertilizer label that reads 32-7-7
Guaranteed Analysis
Total Nitrogen (N) 32%
Water Insoluble Nitrogen 12 5%
Nitrate Nitrogen 2 0%
Water Soluble Nitrogen 17 5%
Available Phosphoric Acid 7%
Soluble Potash 7%
12 5%of WIN x 100 Ibs of fertilizer = 39%
32%of total N
39%of the available N is slow release
SEL�CTED REFERENCES
KUHNS LARRY J 1985 Ferfiliz�ng Woody Ornamentals Cooperative Extension Service The Penn State University
NEELY DAN 1980 Tree Fertilizing Trials Iilinois Journal of Arboriculture 6(10)
NEELY DAN and E B Himelick 1971 Fertrlizing and Watering Trees Illinois Natural History Survey Circular �52
RATHJENS RICHARD and Ro9er Funk 1984 Gwde to Turf Trees and Ornamencal Fert�lizat�on Weeds Trees 8�Turf Magazine
(October)
SMITH ELTON M 1978 Fertilizing Trees and Shrubs in the Landscape Journal of Arbor�culture 4(7)
This Standard was revised in 1987 with the assistance of
Dr Elton M Smith Ohio State Un�vers�ty Columbus OH
!
C-5
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- ''`�Community�eveCopmerrt
(Pre-Application Meebng Notes are Yalid for Six (6) Months) s��B�`��om�u"`�
RESIDENTIAL
�,a�n�ov� �'D/Z 9/�Z ,�a�. _
���ar� l�. �(.T R�
APPLICANT �I� Sc�IP.S t it��� AGENT
Phone �) 9 b S- 6Soo Phone ( )
PROPERTY LOCATION
ADDRESS/GENERAL LOCATION �D �Zo S t.t/ I�u a-ruI
TAX MAP(S)/LOT #(S) 513� L� - ���tol?
NECESSARY APPLICATIONS _��3nr v�s��N CS✓1-?,7 '�o� �I� ��¢5 -oP, -
f'(�,�,0 2 L•q-�,� pstR�rt�o►� �M.L p) r sl 3 /��
PROPOSAL DESCRIPTION Lruc.�C- 9/o�R.c�cz,�s fo�' S loT�S �-roM 2 varc�lS 16� 7, �a15 �ro-»�
,B�ce,(
COMPREHENSIVE PLAN /
MAP DESIGNATION �w �51�y Re.�,r��tQl
ZONING MAP DESIGNATION R y. S
CITIZEN INVOLVEMENT TEAM (C I T)AREA_��rY, �,T �-i�� ls w�{�+.r SDD� v�- ��vs�
IONIMG DISB1iICT DIMENSBOImAI RffQU1REMENYS [Refer to Cod�Sect�on 18 510 l
MINIMUM LOT SIZE �S� sq ft Average Min lot width �O ft Max building height ft
Setbacks Front O ft Side S ft Rear,�ft Corner 1�ft from street
MAXIMUM SITE COVERAGE �% Minimum landscaped or natural vegetation area�_%
GARAGES_�ft
� t�EIGH�0�N00D I�E�IHG [Refer to the Neiglaboriaood lNeeting Handouel
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS
�°� OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of
�"�� their proposal A minimum of two (2) weeks between the mailing date and the meeting date is
°� required Please review the Land Use Notification handout concerning site posting and the meeting
notice Meetinp is to be held prior to submitting vour application or the apphcation will not be
accepted
4z ' •. ' - .�,. �.�- -. rtM � �-
� -��- =d�ng code-.����� � t� a�,�s'�,.��p.����
R-CI�.N�...n^w`�.�1.�.
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CITY OF TIGARD Pre-Applicahon Conference Notes -����='?=���=-�--- x'�=�-�� - y _,.' - Page 1 of 9
Res�denUal AppficahonlPlanmrg ahsan SecUon -_-- F=—_- _ _ - -— -
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j� bARRA�9�E=[�efe��o Code Ch�pt���a39�1��.����- _ .
.,�r .. a..,r.� � k�LT.t4���.dS�ial�.T�� �A
r,,,�,,�.,..�,�,�'�����t����,.�,.��;a.��P- ��.lh�ch prov�de��indings based on„t��.app�ble _
�=s p�ro��ltst d�,rd�,�,������vide�a� rt r �+ z
���.��'�s�'��������tinri-�hcn �e�ar�d�' � _ �v�e��
- - –the code for applicabie criteria � _ �,.--�_���='�--`�'��-_���w.-,��.��.��=� _ _
=-��—' ��
�j IMPACT S�9DY [Refee to Co�e SecH�ons 18 390 040 and 18 390 0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
AN IMPACT STUDY with their submittal package The impact study shali quantify the effect of the
development on public facilities and services The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development For each public facility system and type
of impact, the study shall propose improvements necessary to meet City standards, and to minimize
the impact of the development on the public at large, pubiic facilities systems, and affected private
property users In situations where the Community Development Code requires the dedication of real
property interests, the applicant shall either specifically concur with the dedication requirement or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughly proportional to the pro�ected impacts of the development
� AC�ESS [Ret�r to Chapters�8 l05 and 18 7651
Minimum number of accesses ' On� l5 � �-Z�H�Minimum access width
Minimum pavement width o^�Z°' r3����fs
1 D' �1-Z�n� Zp' r �jtUY► ��
❑ �WAL�AY REQU�RE�E�1'S [Reie�to Co��C9aapter 18 7051
Within all ATTACHED HOUSING (except two-family dwelfings) and multi-family developments, each
residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES
'� RESI�ENTiAI DENS9TY C�COLAT�ON [Reter to Code C6apter��7151-SEE IXAi�PLE BEL�lN
The NET RESIDENTIAL UNITS ALLOWED on a paRicular site may be calculated by aividing the net
area of the developabie land by the minimum number of square feet required per dwelling unit as
specified by the applicabie zoning designation Net development area is caiculated by subtracting
the following land area(s) from the gross site area
Ail sensitive lands areas includina V.�i�, ��'�i� o� Gx;�t�o� ro����
� Land within the 100-oear floodpiain, �.,,,,a � ��,�,��1� ��`����
� Siopes exceeding 25/o,
� Drainageways, and
➢ Wetlands for the R-1, R-2, R-3 5, R-4 5 and R-7 zoning distncts
Public nqht-of-way dedication
� Single-family allocate 20% of gross acres for public facilities, or
� Multi-family allocate 15% of gross acres for public facilities, or
� If available, the actual public facility square footage can be used for deduction
�PLE Of RESIDEbT1Al DENSITY CAI.C9�LAgl�NS
EXAMPLE USING A ONE ACRE SITE IN THE R 12 ZONE(3 050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS
Sing�e-�amily Mul�i-Famol�
43 560 sq ft of gross site area 43,560 sq ft of gross site area
8.712 sq ft (20%)for public nqht-of-wav 6.534 s4 ft (15%1 for public nght-of-wav
R1ET 34 848 square feet �fET 37 026 square feet
— 31050(minimum lot area) — 3,050(minimum lot area)
= naes er cre = oats er cr�
�iUe qeu�l Co dwelimg uNt NO 80U�OINC UP IS PEBiNI1TFD
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�i CIIY OF TIGARD Pre Applicahon Conference Notes ��=,�-�°=��=���wy=��� �-��� �` -' :=�-Page 2 of 9
-s Residenh�Applicahon/pl�ning an,.ion Sechon --� ' -� -"'- � _ - -
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❑ SPEClA1SEl�A�KKS. [Re[�rt�Go������¢���6�-�'`s4�
�_�.�
a �'" �r �� the centerlme�����'�� '---°=�=
a�..,..�„���, -- - -
;r-�a-r,.;.�►'K� � -e't�'i=.�,- --a,;s.r-�cr.._-C _� _ _-�_
�%r�-.-y�r��'�--�-=f�Y2'��r�5`�l'�-�I���'��7 1.=�1 _ --- l n^ '
➢ ZERO�LOT LINE LOTS A mmi��a _�_� � =�p fion~s��li�i�t�taintained
between each dwellmg unit or garage~ � � y� � ^�
➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family
residential developments
ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less
than 2 5 acres in size Five (5)-foot minimum setback from side and rear lot lines
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2 5 acres in size
[See applicablc zonmg distroct for the primary structures'se�back reqaorements.]
� w'�.A�LOT BU6LDING HEL6WT PROVISIO@IS [Refer to Code Chapter 181301
MAXIMUM HEIGHT OF 1%2 STORIES or 25 feet, whichever is less in most zones, 2'/z stones, or 35
feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18 730 010 C 2 are
satisfied Unle.c,5� ,z.Ne{� b7 u ��icc,,� s{�(��'� ��5�.,,�dc, w�l�aD 1 1�'s��, ..r� 5e�,�cF
� P Y u�s�� ���s� r�y
❑ �U�ERING�ND SCREENIN� [Reier to Cod�Chapter 18 745D b+s
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATC ADVERSE NOISE
OR VISUAL IMPACTS between ad�acent developments, especially between different land uses, the
CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site penmeters Required buffer
areas are described by the Code in terms of width Buffer areas must be occupied by a mixture of
deciduous and evergreen trees and shrubs and must also achieve a balance betwe�n vertical and
honzontal plantings Site obscuring screens or fences may also be reauired, these are often
advisable even if not required by the Code The required buffer areas may onlv be occupied by
vegetation, fences, utilities, and walkways Aaditional information on required bufrer area matenals
and sizes may be found in the Development Code
The ESTIMATED REQUIRED BUFFERS a�olicable to your aronosal area is
Buffer Level along north boundary Bufrer Level along east boundary
Buffer Level along north boundary Buffer Level along east boundary
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG
'�' QANDSCAPD�� [Refer to Code Chapters 18 745,1�16�and 18 7051
STREES TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length Street trees must
be piaced either within the public right-of-way or on private property within six (6) feet of the nght-of-
way boundary Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at matunty Further information on regulations
affecting street trees may be obtained from the Planning Division
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view
� RECYCLlNG [Referto Code Chapter181551
����� Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
s� �, SERVICING COMPATIBILITY Locating a trash/recycling enclosure within a ciear vision area such
y� as at the intersection of two 2 dnvewa s v�nthin a arkmg lot is prohibited Much of Tigard is within
-=i==� ontact_pers "" '=� � ��`�f( .���'���
r --.�:._.�- ,
__ ��o�- - --_�� .�--.. , _ _-�,.�-- ------=�- —--- -�.��:.���--� � ��- � _- _
CITY OF TIGARD Pre-Apphca6on Conference Notes =_ _ _'_ _ _ _ - _ ___ -- P_age 3 of 9
Res�denUi AppGcabon/P�anning U�s�on Sechon _ _ - _— _ — - -- -- -
� � i '� � ,r,^ „ �x� �v'�i y_��rd�w J�i(�a�.,a
- ., �'t .. � � ���r fi'a�,-.=.�".E1^. S r ^1�
-.. .- ,_ y� w.?}'�_r�'. 4C;�'" " �'+.-
�,JQ YL�I�QflI{A ���i���R�a,Vo��Y�41 �i��, �:ft�� g.fi�.��.R}r=r,Y%�� `
��� ��'`����t� � , �p .� �,�.-���.�..-,�,�.�,,.�..�..�,..�....�-
�T°7�1'�f�tW�Y'9"C�'[�/°C�° ..wr.�-^ax,�t emeya.s�c.isass+.:irc�».a+sas.zr
Y�'-_-'.'_�..`'��'.z^�=- �---��-"�"�_ '�I_ng�@-�2T�'��..�,,_= ��fliT�S - _ _ ` •�---� _ _ - � __ ".�
_ ��-S��i��88��= -
➢ Multiple-family Requires �1 25 spaces per unit for 1 bedroom,
1 5 spaces per unit for 2 bedrooms, and
1 75 spaces per unit for 3 bedrooms
Multrfamily dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES Parking stalls shall be dimensioned as follows
� Standard parking space dimensions 8 feet 6 inches X 18 feet 6 inches
� Compact parking space dimensions 7 feet 6 inches X 16 feet, 6 inches
o Handicapped parking All parking areas shall provide appropriately located and dimensioned
disabled person parking spaces The minimum number of disabled person parking spaces to
be provided, as well as the parking stall dimensions, are mandated by the Amencans with
Disabilities Act (ADA) A handout is avaifable upon request A handicapped parking space
symbol shall be painted on the parking space surface and an appropnate sign shall be
posted
❑ �9�YCLE RACKS [Re(er to Cod�Sect�on 18 7651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS Bicycle racks shall be located in areas protected from automobile trafric and in
convenient locations
❑ S�NS9TIVE LAtdDS [�efer to Code Chapt�r 18 Tf5D
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN ThE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND Staff will attempt to preliminary identify sensitive lands areas at the pre-
appiication conference based on available information HOWEVER, the responsibilitY to preciselv
identifv sensitive land areas and their boundaries is the responsibility of the aoQlicant Areas
meeting the definitions of sensitive lands must be clearlv indicated on �lans submitted with the
development aqplication
Chapter 18 775 also provides regulations for the use, protection, or modification of sensitive lands
areas RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS
❑ STEEP SlOPES [Rei�r to Code Sect�on 18 715 070 Cl
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18 775 080 C The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18 775 080 C
� Cd.EAANOWATER SERYICES[CWSI BOF�R SYANDARDS [R�fer to R a 0 96�/USA Regulat�ons-Chapter 3l
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
5�v«-�- vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
Pr�✓��area
��� Design Cntena
��T The_VEG.ETATED CO� D9 �NJD is c�e endent on the sensitive area The following_table
z'y��+�'R�.r�" � �� 's-1 1�n 1 P � 1 � � -���"�3-i��'`T �}9
_ i
i � � a
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� �`1CITY OF 71GARD"Pre ApplicaUon Conference Notes � ; � _ -- � ��-� _ ° Page 4 of 9
FtaideM�al ApplicaGonlPfamm�g Uns�on Sechon __— " _ __�_ -___` _
-- YA�LE 3�YE�ET i - --- -- -
- -�u �� _ _ _ -
_ �� �� _ _ �_^ !� f=
_ _ __ _ � �... i � '`="••-�'z�^-,r L � a�`D��- _. - u
,� �
l
SEiVSIT1VE AREA DEFINITION TO SENSITIVE AREA� � CORRIDOR PER SIDEZ
o Streams with intermittent flow draining �25ro �
� 10 to <50 acres 15 feet
d >50 to <100 acres 25 feet
e Existing or created wetlands <0 5 acre 25 feet
• Existing or created wetlands >0 5 acre <25% 50 feet
e Rivers streams and springs with year-round flow
. Streams with intermittent flow draining >100 acres �
. Natural lakes and onds �
. Streams with intermittent flow draining �2�,�
� 10 to <50 acres I 30 feet
� >50 to <100 acres 50 feet
o Existing or created wetiands >25�6 Vanable from 50-200 feet Me2sure (
. Rivers, streams and spnngs with year-round flow in 25-foot increments from the startina �
� Streams with intermittent flow draining >100 acres point to the top of ravine (break in �
. Natural lakes and ponds <25%slope) add 35 feet p2st tne top
of ravine3
Start,ng pomt ror mezsurement = edge of the defined channel (banFful fiow) for streams/nvers delineated w�Land boundary delineated spnng
boundar� and/or averaae high water for lakes or ponds whichever o`re s o ea�est resource protection Intermi�ien spn�os lo;ated a m�nimum of 15
r�et within the nver/stream or wetland vege,ated cornaor shall not sen�e as 2 st2rUng poin�for measurement
7Vegetated cornoor averaging or reducUon is aliowed only when the vegetated corndor is cer-hfied to be in a margmal or deg aded conaition
3The vegetated corridor extends 35 feet from the top of the ravine and sets tne outer boundary of the veg�tated corndor The 35 feet ma� be reauced to
15 reet,if a stamped geot�chnical report connrms slope stabdiry shall be main,ained with tne reduced setDack from tne cop of ravine
Restnctions in the Veaetate Corridor
NO structures, development, construction activitiss, gardens, lawns, application of chemicals,
dumping of any matenals of any kind, or other activities shall be permifted which otherwise detract
from the water quality protection provided by the vegetated corndor, except as provrded for in the
USA Des�gn and Construcf�on Standards
Location of Veqetated Corridor
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corndor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelfing unit
�CWS Service Provider Letter
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements If there are no sensitive areas, CWS must stiil issue a letter stating a CWS
Service Provider Letter is not required
❑ SB��S [Referto�ode Ch�pterl�780D
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN m the City of
Tigard A "Guidelines for Sign Permits" handout is available upon request Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review appfication Alternatively, a Sign Code Exception application may be filed for
Director's review
��'EiEE RENiOV�I PLAN REQUI�EMENTS [Ref�r�o�ode S�ct�on 1�T90 030 C.]
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shail be provided for any lot, parcel or combination of lots or parcels for which a
_ __«,dev�loprx�er��application-for a subdivision, �a�{nn cita ricvalnnman�V�p��,�jann��g(p��q�_
- - or conditional use is filed �Protection is pr fe� � ssrbie;��- - �—l��-"�"
��°"�_.. ��srs �a�'tr� .�v. '�������-y� � ��-52�T�.z�°y�-�;-'g�'s.a r�i-� .«.,-
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-*� h� e���.n-....,a:�E�4n.�.....'+.` �r.R... t
THE TREE PL.AN SHALL lN�Ll1Q'��� �tche f�llow��;at ��. '
�-+rs»-�.+r^Y 4�P � s ``��F ik�':.�i} ��k'; � w.�:.r.�.t�1.��ft, �"��ret...e.,.� �'` +�e�i�t'n,.'�*7T�►ar
n�ax,�,�,.. ���"-at��°�i�i��.��=��'�"v'�FOR�(��fs�'�C�'�'���e'$��4�����ia'�icurc��rssaer
��_Xi`�'-u1,��ara ` y • _ _ , ___s�ss" �.. Y^.—_�.� _�-_ _ � _
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—=�--�5�-�= ---� "- — - _ � _ r-__ � � w� —" -
r—�--- ---=-�-—
' - ` - ➢ Identification of a program to save_����-�_'���'-����vai����9�=�nck�es m
cahper Mitigation must follow the replacement guidelines o Section'f8 730-060 D accordmg
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots
. Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18 150 070 D of no net loss of trees,
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18 790 060 D ,
. Retainage of from 50 to 75°/o of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18 790 060 D ,
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation,
➢ Identification of ali trees which are proposed to be removed, and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoned as part of the tre� plan above and will be
replaced according to Section 18 790 060 D
��t�6A�i0N [Refer to Code Sec�on 18 790 060 El
REPLACEMENT OF A�REE shall take piace according to the following guidelines
➢ A replacement tree shall be a substantiaily similar species considenng site charactenstics
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shail require replacement with more than one tree in accordance
with the following formula
. The number of replacement trees required shail be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees If this number of trees cannot be
viably located on the sub�ect property, the Director may require one (1) or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement
� CLEAR YISION A6EA [Refer to Cod�Chapter 18 7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections The size
of the required clear vision area de ends u on the abutting street's functional classification and any
�.���,��' plicant s - - -
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_ _CITY OF TIGARD Pre-ApphcaUon Conference Notes _ _ __ _ __ _ _ Page 6 of 9
—."�'Rc�denhal Appfica6oM�lanning Uws�on Sechon - - _-— _�-,__-_--_
__ � ��9DRE S�iEET PIAN flH0�NS9�N 0�S�iEETS [Refer to Code S�c�oo��810 030 FJ_ �7�� �e_ ��c� �r_
- - - ., - -
� .�,-� � �.,,
� �.< <�. � � ao ��.s ,a� � � ,����'
'°` T�' �' =➢��`Be-filed by the a icant in conJ i i io`n �The-
pian shall show the pattern of existing and proposed future streets from the boundaries of the
proposed land division and shall include boundanes of the proposed land division and shall
include other parcels within 200 feet surrounding and ad�acent to the proposed land division
➢ Identify existing or proposed bus routes pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site
Where necessary to give access or permit a satisfactory future division of ad�oining land, streets st;all
be extended to the boundary lines of the tract to be developed
�'AD�ISEOP�LOT DII�Et�S60NAl REQ09RE�EIdYS [Refer to Code Sec�on�8 810 06Q1
�r--� MINIMUM LOT FRONTAGE 25 feet unless lot is created through the minor land partition process
Lots creatad as part of a partition must have a minimum of 15 feet of f�ontage or ha��e a minimum
15-foot wide access easement
� The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/z TIMES THE AVERAGE 1NIDTH, unless the
parcei �s less than 1'/z times the minimum lot size of the a plicable zoning distnct
I-��y' r,r/.�'v i nC.c� �� '�'l D r1�j
�'�����5 (Refer t���de S�c�o�Z8 S�Q�9�1 � �
The penmeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured
along the nght-of-way center line except where street location �s precluded by natural topography,
wetlands or other bodies of water or, pre-eristing development
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided
through the block
�Q�E�EC�fEBS
_ 18 33O(Condrt�onal Use) 18 620(T�gard Trarr��Design Standards) " I$ 70�(OffSV�t Parkin�f�oading Reqwremens)
_ 18 34O(Directors Int=_rpretaeon) /18 630(Washington Square Rqiona�Center) _ �H 77�(Sens��e Lands Re+new)
_ �H 35O(Planned Deve�oprrwnt) f� 1 H 7O5(AccessrgresslCiraila6on) _ 1 H 7HO(SF3ns)
_ 18 360(S�te Develop�nt Rewew) 'I H 7'I O(Accessory Residen6al Un�s) 18 785(iempoary Use Perm�s)
_ 18 370(vananceslAd�usfiwnts) �18 715(Dens�ty Computations) �18 790(free Removaq
_ 18 380(Zoning NaplText Amendrrwnts) �H TZO(Desgn Compahbilrty Standards) � 18 795(v�sua�C�earance Areas)
�18 385(M�scelianeous Perm�s) �8 TZ5(Environrrwntal Performance Standards) 18 798(Wirel�.,ss Communi�t�on raa��h-..$)
!� �S 39O(Deasan Mawng Proceduresllmpacl Study) 'I H�3O(Excephons To Development Standards) ��$H�O(Street�U61iry Improvement S�ndards)
�H 4�O(Lot L�ne Ad�ustrnents) 18 740(H�stonc overfay) —
(—��18 420(�a�d Part�ons) 18 742(Home ocapabon Permrts)
�-j�8 430(Subdmsions) �'I H 745(Landscaping 8�Saeening Standartis)
✓ 18 51 O(Res�denbal Zoning D�smcts) �H�5O(Manufactured/Mobil Home Regulahons)
_ �H 52O(Commeraal Zoning D�stricis) � 'I H 755(Maed Sol�d WasteRecydmg Storage)
_ �H 53O(Indusmal Zonmg D�sficls) 18 760(Nonoontorming SrtuaUons)
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CIN OF TIGARD_pre Appfica6on Conference Notes "==�`�,.��_�����-�-�-�"°�'�-��`— `�,�_��-r;��=t=„Page 7 of 9�
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`
PROCEDORE /
�/ Administrative Staff Review
Public hearing before the Land Use Hearings Officer
Public heanng before the Planning Commission
Pubiic hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council An additional public hearing shall be
held by the City Council
APPL9CAYION SOBMI�'AL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Commurnty Development Department at Tigard City Hall o�ces PLEASE NOTE Applications
submitted by mail or dropped off at the counter without Planning Division acceptance mav be
returned The Planning counter closes at 4 00 PM
Maps submitted with an application shail be folded IN ADVANCE to 8 5 by 11 inches One�
8'/z" x 11" map of a proposed prolect should be submitted for attachment to the staff report or
administrative decision Application with unfolded ma�s shall not be accepted
__ _ _ The Plannmg_ Division and En ineering Department wdl perform a �relimmary review of the
--_--__- __-hr�tt�rs-�n�j�j��` '-`°" �. '�"' ation is complete_within 30 Tdays of the counter r_ _
��=�-��4�� in orcn�o - dit�ona� - � _
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C1TY OF TIGARD Pre-Apphca6on Conference s �'�``�-�'{� ��=�'� ����'�-`"''�'"�°�-Y---,�� �' e 8 ot9 k
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'WY° � � "i� �'>a.�. .a'''' �3��"C'�� Lf�` � }.'1,��SY'�i±�s:=,., 1'�C°;� � '
} �� �' l v t <7.� ^ u ��.�f� �.�z i` �iC` �t a'f 1+C' �yM�rs� �rTe:,r"S� �
,=�raa�c.a �a�'i i�.+��+r-1.+ „"�5.�-+'��.+hK 1`5;���fx'tf�,,,_� '�t
The administrative decision or public hearing will t ically occur approximately 45 to 60 days after an
_ �
� _ :�
..��*_�
---��- - -- r� ons from the , _ e=pu fie= �'
hearing A 10-day public appea,lIpenod follo all land use decisions An appeal on this matter
would be heard by the Tigard r'if'�U.l�lnG S w- A basic flo�v chart
which iilustrates the review process is av lable from the Planning Division upon request
Land use applications requiring a public hearing must have notice posted on-site by the
appEicant no less than 'i0 days prior to the public hear�ng
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CO!�FERENCE ARE
INTENDED TO INFORM the prospective applicant of the prima�y Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective appiicant to discuss the opportunities and constraints affecting development of the
site
Sfl�DIV[SI��PIAT�QME RESE�yATfO� [�oan�Sun�e�or's Oifice 563-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard
applicants are reQUired to complete and file a subdivision plat naming request with the Washington
County Surveyor's Office in order to obtain approvaVreservation for any subdivision name
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation
�E��lD9��PER�6QTS
PLANS FOR BUILDING AND OTHER RELATED PERMITS 1�VILL NOT B� ACCcPTED FQ�
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED Final inspection approvals by
tf�e Building Division w�ll not be granfed unfil there is compfiance with all conditions of
development approval These pre-application notes do not �nclude comments from the
Bu�lding Division For proposed buildings or modifica�iorts to existing buiidings, it �s
recommended to contact a Buiid�ng D�vision P{ans Examiner to determine if there are
building code tssues that would prevent the structure from be�ng constructed, as proposed
Additionally, with regard to Subdivisions and Minor Land Par�itions where any structure to be
demolished has system development charge (SDC) credits and the underiying parcel for that
structure will be eliminated when the new piat is recorded, the City's policV is to applV those sVStem
development credits to the first building permit issued in the development (UNLESS OTHERWISE
DIRECTED BY THE DEVEl.OPER AT THE TI(�PE THE DEMOLITION PERM(T IS OBTAINED)
e con erence an notes cannot cover a o e requirements an aspects re ate to
site planning that should ap ply to the development of your site plan Failure of the staff to provide
information required b the Code shall not consf�tute a waiver of the a plicable standards or requirements
It is recommended tha�a pros_pective applicant either obtain and read t�ie Community Development Code or
ask any questions of City staff-relative to Code requirements prior to submitting an application
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAIiVING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning D�v�sion)
�
PREPARED BY �o�.v
CITY OF TIGARD PIANNING DIYISION Ff PERSON HOLDING PRE APP MEETING
PHONE (503) 639-4111 FA1L (503) 684 7291
E-MAIL (stafl's first nartw)a�a t�gard or us
TtTLE 18(CITY OF TIGARD S (OMMUNITY DEVELOPMENT CODE)IHTERkEY ADDRESS w�r c�vga�d oe us
H lpattylmasterslPre-App Notes Residential doc Updated 26-Jun 02
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L.AP1D USE APPL9CATION CHECKLIST
Please read this form carefullv in con�unction with the notes provided to You at the
pre-application conference This checklist identifies what is required for submittal of a complete
land use application Once an application is deemed complete by Community Development staff, a
decision may be issued within 6-8 weeks
If you have additional questions after reviewing all of the information provided to you, please contact
the staff person named below at the City of Tigard Planning Division, 503 639 4171
Staff��L � Date ��2 7 fd?
1 BASIC INFORMATION
Please refer to the Land use applications basic submittal requirements"checklist for the basic submittal requirements
2 SPECIAL STUDlES AND REPORTS '
Because of the nature of your pro�ect and/or the site you propose to develop THE FOLLOWING ADDITIONAL STUDIES
WILL BE REQUIRED These studies must be prepared by certified professionals with expenence in the appropnate field
� Arborist Report/Tree Assessment
❑ Local Streets Traffic Study
❑ Wetlands/Stream Corridor Delineation and Report
❑ Habitat Area Evaluation
❑ Geotechnical Report
❑ Geotechnical Report must address liquefaction potential and sod beanng capacity
❑ Other
3 PREPARING PLANS AND MAPS
Plans and maps should be prepared at an engineenng scale (1" = 10/20/50/100/200') and include a north arrow legend
and date The same scale should be used for all your plans Where possible the City prefers the use of a scale that
allows a site plan or subdivision plat to be shown on a singie sheet Architectural drawings may be prepared at an
architectural scale One copy of each plan must be submitted in photo-ready 8%2 x 11 format THE FOLLOWING IS A
LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (if the plans you submit do not include all of the
information requested because you feel it is not applicable, please indicate this and provide a bnef explanation)
Y Vicinity Map
� Showing the location of the site in relation to
• Ad�acent properties �
• Surrounding street system including nearby intersections �
s Pedestnan ways and bikeways �
• Transit stops �
• Utdiry access �
;,,,,;x�-_,,.s.�_ ,_ — -�------•- - .- �� _ _.--....,.. - ��r
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_ _ `_ _ _ ,� �,,.�.,,;,9M:-,,.�4"�?=.._ ,*�^ .._:W ~`„'�--- �
Y�� .-,� .. -. ' .. �- _ -n��%,w�fiii:�ds+dY'.�:.ir ca.wta�`�`"�"~°„r�r•Y�.T i °�-�- r'` �.:1�:�,.P L'-_f^-- '_R
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l�..- ...'�Z`v�=•�wr�_ �c�E�..m. �� �,�.� :''_ c _ S,� 1.,_. r _ 17--• �.1
x.tw:.....,..�a-..r � . _�_^r--,e . �-..�:�_��..w�.. _ _ . �� .-. -';.'"`�'S?�'�x r_F S.f-5�?`.,sv..'x�{a��,�Li"�.--�,�T'S2'���:� z a.�'T,-"�'W'.�,..;;-.....'-.��-_�..�-:� "';* �--a
- ��4�,F.�,______� �,,_
- �� -� -
I O S' - - - - - -- - - -- - ���
���
� Parcel boundaries, dimensions and gross area �
� Contour lines (2 intervals for 0-10% slopes or 5'for slopes >10%) ❑
� Drainage patterns and courses on the site and on ad�acent lands ❑
� Potential natural hazard areas includmg
• Floodplain areas �
• Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑
o Slopes �n excess of 25% �
♦ Unstable ground �
o Areas with severe soil erosion potential ❑
• Areas having severely weak foundation soils ❑
♦ Locations of resource areas including
• Wddlife habitat areas identified in the Comprehensive Plan ❑
o Wetlands ❑
� Other site features
o Rock outcroppings ❑
e Trees with>_6"caliper measured 4'from ground level ❑
� Location and type of noise sources ❑
� Locations of existing structures and their uses ❑
� Locations of existing utdities and easements ❑ �
� Locations of existing dedicated right-of-ways ❑
� Locations of dnveways on ad�acent properties and across the street ❑
�/ Subdivis�on Preliminary Pfat Map
� The proposed name of the subdivision ❑
� Vicinity map showing property s relationship to artenal and collector streets ❑
� Names, addresses and telephone numbers of the owner developer,engineer surveyor and designer�as appi�cabie) ❑
� Scale, no�th arrow and date ❑
� Boundary lines of tract to be subdivided
� Names of ad�acent subdivisions or names of recorded owners of ad�oining parcels of un-subdivided land ❑
� Contour lines related to a City-established benchmark at 2 intervals for 0-10% grades and 5 intervals for
grades greater than 10% ❑
� The purpose, location, type and size of all of the following (withm and ad�acent to the proposed subdivision)
e Public and pnvate nght-of-ways and easements ❑
• Public and pnvate sanitary and storm sewer lines ❑
o Domestic water mains including fire hydrants ❑
• Ma�or power telephone transmission lines (50,000 volts or greater) ❑
• Watercourses ❑
• Deed reservations for parks, open spaces, pathways and other land encumbrances ❑
e The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level ❑
♦ The location of all structures and the present uses of the structures, and a statement of which structures
are to remain after platting ❑
� Supplemental information including
♦ Proposed deed restnctions (if any) ❑
e A proposed plan for provision of subdivision improvements ❑
� Existmg natural features including rock outcroppings,wetlands and marsh areas
� The proposed lot configurations, lot sizes and dimensions, and lot numbers Where lots are to be used for
purposes other than residential, it shall be indicated upon such lots ❑
� If any of the foregoing information cannot practicabiy be shown on the preliminary plat, it shall be mcorporated
--==into a narrat�ve and submitted with the apphcation mar��r+�is,�,-=�� _ � _ ---�-�=°--n-=--_
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� The owner of the sub�ect parcel ❑
� The owner s authorized agent ❑
� The map scale, north arrow and date ❑
� Proposed property Imes ❑
� Descnption of parcel location and boundanes ❑
� Contour Imes (2 intervals for slopes 0-10% or 5 for slopes >10%) ❑
� Location,width and names of streets, easements and other public ways within and ad�acent to the parcel ❑
� Location of all permanent buddings on and within 25 of all property lines ❑
� Location and width of all water courses ❑
� Location of any trees with 6"or greater caliper at 4'above ground level ❑
� All slopes greater than 25% ❑
� Location of existing and proposed utdities and utdity easements ❑
� Any applicabie deed restnctions ❑
� Evidence that land partition wdl not preclude efficient future land division where applicable ❑
� Future street extension plan showmg existing and potential street connections ❑
Si Development Plan
� e proposed site and surrounding properties ❑
� Co tour Ime intervals ❑
� The ocations, dimensions and proposed names of the followmg �
e isting and piatted streets and other public ways ❑
o E ements on the site and on ad�oining properties ❑
♦ Pro osed streets or other public ways and easements on the site ❑
o Alter ative routes of dead-end or proposed streets that require future extensions ❑
� The locati ns and dimensions of the following
s Entran s and exits on the site ❑
• Parking nd circulation areas ❑
o Loading a d service areas ❑
♦ Pedestrian nd bicycle circulat�on ❑
e Outdoor co on areas �
e Above groun utdities �
e Trash and recy lable material areas ❑
� The locat�ons,dimen ions and setback distances of the following
• Existing permane structures, improvements, utdities and easements which
are located on the s e and on ad�acent property within 25'of the site ❑
• Proposed structures, provements, utilities and easements on the site ❑
• Sanitary sewer facditie �
• Existing or proposed se er reimbursement agreements ❑
• Storm drainage facdities a d analysis of downstream conditions ❑
� Locations and type(s)of outdo lighting considering crime prevention techniques ❑
� The locations of the following ❑
• All areas to be landscaped
• Mailboxes �
♦ Structures and their orientation �
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� Location of trees to be removed � � �
� Location, size and species of existing plant matenals �
� General location size and species of proposed plan materials �
� Landscape narrative that addresses �
o Sod conditions and how plant selections were derived for them ❑
• Plans for sod treatment such as stockpding the top sod ❑
• Erosion control measures that wdl be used �
� Location and descnption of the irrigation system where appiicable �
� Location and size of fences buffer areas and screernng �
� Location of terraces, decks, shelters play areas and common open spaces
�/Pubiic ImprovementslStreets Plan
� Proposed right-of-way locations and widths �
� A scaled cross section of all proposed streets plus any reserve strips �
� Approximate centerline profiles showing the finished grade of all streets including street extensions for a ❑
reasonable distance beyond the fimits of the proposed subdivision
� Grading/Erosion Control Plan �
� The locations and extent to which grading will take place � ,
� Existing and proposed contour lines � -
� Slope ratios
f�Utilities Plan
� Approximate plan and profiles of proposed sarntary and storm sewers with grades and pipe sizes indicated ❑
on the plans
� Plan of the proposed water distnbution system showing pipe sizes and the locations of valves and meter sizes ❑
� Fire hydrants (existing and proposed) �
� Proposed fire protection system
�reliminary Storm Drainage Plan �
� The location of all areas sub�ect to inundation or storm water overflow �
� Location,width and direction of flow of all water courses and drainageways �
� Location and estimated size of proposed storm drainage lines
� Where applicable, location and estimated size and dimensions of proposed water quai�ty/detent�on facdity ❑
V Tree Preservation/Mitigation Plan �
� Identification of the location, size and species of all existing trees �
� Program to save existing trees or mitigate tree removal (Section 18 790 030) �
� A protection program defining standards and methods to be used dunng and after construction
Archite ral Drawings �
� Floor plans dicating the square footage of ail structures and their proposed use �
� Elevation dra gs for each elevation of the structure
Sign Dr ings �
� Specify pro osed location, size and height
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OREGON
April22 2003
Paul Krasausk ,
Joe MacHarg Jr
15833 SW Misty Court
Beaverton OR 97007
RE Extension of 120 Day Review Period Limit—MLP2002-00013
Dear Mr Krasausk and Mr MacHarg
Staff is in receipt of Miles Sclesinger's request to extend the 120-day time period
in order to satisfactorily resolve the storm drainage issue As you may be aware
as it is presently proposed, the pro�ect will not meet City standards and without
an alternate solution, staff would be forced to deny this pro�ect Mr Schlesinger
has requested a "two to three week extension" to develop the necessary
alternative, however, as there is no conclusive information as to when this �
information would be received by staff, we will place your application on hold
effective April 215f, 2003 until he has submitted an alternative storm drainage
design or until May 30`h 2003 whichever occurs first If no feasible solution is
received by May 30"' staff will have to issue a denial of the proposed partition
If you have any questions regarding this letter application, please don't hesitate
to contact me at (503) 639-4171 ext 2428
Sincerely,
� , I
Morgan Tracy
Associate Planner
i\curpin\morgan\workspace\mlp\mIp2002 00014(krasausk)\mlp 2002-00014 120 day exlension doc ,
c MLP 2002-00014 Land Use file
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13125 SW Hall Blvd Tigard OR 97223 (503)639-4171 TDD (503)684-2772 �
I
S1VI � �JILDERS �
,
INCORPORATED re��i
COVSTRUCTION CONThACTORS 60ARD RFCISTRATIOn� p865"4"t y/7,r/o;
Apri121, 2003
1
Mr Morgan Tracy "
Associate Planner
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Dear Morgan
Brian Rager contacted me Friday morning and suggested tnat we ask
for a 2 to 3 week extension so that we could resolve the storm water
issue to both of our satisfaction as I recogn�zed earlier in the week after
talking to the Webb family that the solut�on I was plann�ng as the
improvement scenario would not work
Thank you for your considerat�on �
Sincerely,
���� ` ,.
S Miles Schlesinger
Pres�dent
7000 S W Hampton Street, Suite 124 Tigard, OR 97223-8361
503 968 6400 Fax 503 620 8487 Mobile 503 887 2886
Q Prmted on Recyded Piper