The URL can be used to link to this page

M372006-00006 City of Tigard, Oregon 13125 SW Hall Blvd. • T�gar , R 97223 � .�,M �� . . September 5, 2008 `'s s�, ._ Robert E. Ruedy ` @ � 14185 SW 100`h Avenue Tigard, OR 97224 RE: Notice of Final Determination of Your Measure 37/49 Claim (M372006-00006) Pursuant to Section 10 of Measure 49 (M49), if a city issued a waiver befoxe the effective date of M49 (December 6, 2007) for properry located, in whole or in part,within an urban growth boundary, the city that issued the waiver must review the claim, the record on the claim and the waiver to determine whether the claimant is entitled to relief under Section 9 of M49. Tigard City Council, under Ordinance No. 07-09 (Apri124,2007),granted you a Ballot Measure 37 waiver. The ordinance waived the Tigard Development Code and Comprehensive Plan Policies that are more restrictive than those in place on December 7, 1992 when you purchased the 1.14 acres located south of McDonald Street and east of SW 100r"Avenue (WCTM 2S111BB,Tax lot 00500). The ordinance allowed you to develop under the Tigard Development Code in place at that time, subject to applying for and receiving site development review approval. However, after reviewing your claim, the record on the claim and the waiver, the City issued a tentative determination in a letter to you dated May 7,2008, that M49 does not apply to your situation and that you are not entitled to relief(see enclosed). The letter provided written notice to you and the Department of Land Conservation and Development and stated that you had 15 days to submit evidence or arguments in response to the tentative determinarion. The Ciry did not receive any evidence or arguments in response within the prescribed 15-day period. Pursuant to Section 10 (M49), the city shall make the final determuiation within 300 days after the effective date of M49, or by September 29, 2008. The City's final determination is consistent with its tentative determination, that you axe not entitled to relief under Measure 49. If you have specific questions regarding this fmal determinarion, please contact the Ciry of Tigard Current Planning Division at (503) 639-4171. Sincerely, � \ � � i ' �c��4�1_ �,�",.� �, �`" . �� ;.,` �-� 4 � Gary Pagenstech�r Associate Planner Encl: Tentative Determination i:\curpin\gary\m49\M37200b-00006 (Ruedy) Final Determination Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 � . . � � �. • Atm: Patty/Planning � � �: M372006-00006/Ruedy �' � "M49 Final Detemiination" �n � � :. ..n � Pos�ege $ 0.42 ��;� Certified Fee �.7 0 , � �� rl / � Retum Recelpt Fee '' _8� '�`'l$ O (Endorsement Required) 2.2 o tiF� F O . Restrided Delivery Fee � ° ' c�.,��,�:�;,,� , � (Endorsement Required) � � � «,'ti-a{d fU Total Postage&Fees $ 5.32 - O � � ent o � �iree�,:d'p"EN"o.;--" RObert E.RU2C�y °•---- � o�Po Box�vo. 14185 S W 1 OO�h Avenue City,Stete,Z/P+4 g ' ------- Ti ard OR 97224 :�� .�. - - - . , . , . . . � ■ Complete items 1,2,and 3.Also complete A. Si ture item 4 if Restricted Delivery is desired. j ■ Print your name and address on the reverse x ��'��T � �Agent so that we can return the card to you. Ad ressee ■ Attach this card to the back of the mailpiece, B• R�eived by(Printed Name) � e i elive or on the front if space permits. a 1. Article Addressed to: D. Is delivery address different from ftem 17 ❑Yes U If YES,enter delivery address below: ❑No Roben E.Ruedy 14185 S W 1 GO�h Avenue Tigard, OR 97224 3. Service Type �Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merohandise ❑Insured Mail ❑C.O.D. 4. Restricted Deliveryl(Extra Fee) 2• Article Number ❑Yes � (r'ranster tiom serv�ce�abe�) 7 0 0 7 0 2 2� ❑0 01 5 5 6 5 19 8 4 PS Form 3811,February 2004 Domestic Return Receipt 702595-02-M-1540 ��' .�1..... :c� .-. � _. . __ _ � ... .. ..._ � . . ._ . ._..�� ! � i ' • I . �� i. Attn: Patry/Plannuig � . RE: M372006-00006/Ruedy r-i "M49 Final Detemiination" � � �M � � Poate9e $ O.�f'� . ,':�..v�/y�� Cartifled Fee �.7 O C�` , A � ' `� �i O Retum Receipt Fee .�� ;� O (Endorsement Requlred) 2.2 O ��i� �� i fj� t Restricted Oelivery Fee 'J I � (Endorsemenl Requlred) "l'�fp� fl.l RJ Total Postage 8 Fees ¢ 5.32 � 0 a � O _ OK llepc.ul I�nd Conservadon&Developmenc ------- � S`deef.ApC7ilo:;� Atm:Michael Morisse � w PO Box No. 635 Capiwl Screet NE}Swte 150 -----.. ..---------°°°.. Clry,Stete,ZfP+4 Salen�,UR 97301-2540 :�� i�. - � � • • � • � ■ Complete items 1,2,and 3.Also complete a t re item 4 if Restricted Delivery is desired. �gent � � Print your name and address on the reverse X ,l�ddressee so that we can return the card to you. B. Recelved by(Printe Ivame) C. ot e ery , ■ Attach this card to the back of the mailpiece, or on the front if space permits. I 1. Article Addressed to: D. Is delivery address different from item 7? Ye Ii YES,enter delivery address below: ❑ No 11K.1)cpt.ul Iand Gm,cn�aiinn ti I)rcclnE,inont :\un:\Ldt.�cl�Iurn.c� � r,35(r�pical Screei�-L,Suiir 1;� 3. Service T � S�lcn�,OR 973G1-_'��+� YPQ i �Certifled Mall ❑Express Mall � ❑Registered ❑Retum Receipt for Mer�handise � ❑ Insured Mail ❑C.O.D. � 4. Restricted Deliveryl(Extra Fee) ❑y� � 2. ArticleNumber 7pp7 p2Z0 �001 5565 1991 (rransfer/rom serv/ce IabelJ PS Form 3811,February 2004 Domestic Retum Receipt io2sss-o2-M-isao e ' • enda Item Discussion&Comments Action Items follow u r was fairly certain that CWS would deny this application. � Councilor Woodruff said he hoped the applicants � would talk to staff to detem�ine if thete was some way for them to get a return on their investment without having to go through this pxocess and create animosity in the community. r Mayor Dirksen closed the public heating. t The City Council considered Ordinaace No. 07- as: AN ORDINANCE ADOPTING FINDINGS T� GRANT A BALLOT MEASURE 37 WAIVER OF " THE TIGARD DEVEI.OPMENT CODE WETLAND REGULATIONS FOR THE.41 ACRE SITE ON GREENBURG ROAD, SOUTH OF HIGHWAY 217 (WCTM 1S135CA,TAX LOT 02800) SUBJECT TO APPLYING FOR AND � RECENING STTE DEVELOPMENT REVIEW �� APPROV.AL(M372006-0000'� 8. Measure 37 Mayor Dirksen opened the public hearing. Motion by Councilor Claim Hearing Buehner, seconded by (Quasi Judicial) City Attomey Ramis noted the procedures as Councilor Woodruff,to —Robert E. reviewed for the previous hearing apply to this adopt Oxdinance No. 07-09. Ruedy hearing. Everyone present in the Council ,��VI37�L00C��;� chambexs had been present when Mr. Ramis The morion was approved �,,;,,00006 �rG xeviewed the pxocedures for the pxevious hearing. by a unanimous vote of Council pxesent. Associate Planner Pagenstecher presented the staff report. Robert E. Ruedy is seeking Mayor Dirksen Yes compensation and/or waiver of the current land use Councilox Buehner Yes regulations and Comptehemsive Plan policies that Councilor Hazding Yes axe more restrictive than those in place at the time Councilor Sherwood Yes the subject 1.14-acre prvpexty was acquired. 'I'!ie Councilor Woodruff Yes property,located south of SW McDonald Street and east of SW 100`�Avenue,was acquised by the claimant on Decexnber 7, 1992. In response to a question from Mayor Dirksen about restrictions imposed by the Code,Associate Plannex Pagenstecher reviewed the key points of the a licant's re uest. Tigard City Council Minutes -Apri124,2007 22 enda Item Discussion& Comments Action Items follow u { Public Testimony: � Applicant Robert Ruedy testified noting that the �- purpose of filing the claitn came about when he tried to find out what had changed in the code since he purchase the property and was not able to get a "concrete definition." He said it looks as i£he could " place 6 or even 8 units on this 1.4 acre property,but could not build 12 units. In response to a question from Councilor Woodruff about the scope of Iv1r. Ruedy's claim,Mr. Ruedy e�cplained that he wanted to keep his options open and that he is not sure � what he wants to do the propertq. Council Buehnex and Mr.Ruedy discussed how access could be provided. Proponents: Eugene Davis spoke in favoi for approval of Mr. Ruedy's request. He noted the voters have said what they wanted to have happen. Opponents: Sue Beilke noted her concems with this and other applications and xeferred to the protection of the public's health and safety. Her issues with this proposal included how the units would be accessed, addressing fixe codes,and if the property would need to be filled to develop. Mayor Dirksen acknowledged that parking would be an issue for this development. However,if the City was to waive the Code requirements now in place and the requirements in 1992 weYe applied,the plot plan would have to be xeviewed by the Tualatin Valley Fire&Rescue �I'VF&R) foY safety requirements. City Attorney Ramis conf�xmed that the City does not have the authority to waive TVF&R regulations. Mayot Dirksen added it was questionable whether the parking requitements would be less restrictive in 1992 than the requirements now in place. City Attorney Ramis confirmed that it is permissible to submit informarion to the Ci Council at the ublic Tigard City Council Minutes -Apri124,2007 23 enda Item Discussion& Comments Action Items follow u � hearing. i Rebuttal: Robert Ruedy requested the City Council honor the will of the voters regarding Measure 37. Staff Recommendation: Associate Planner Pagenstecher advised that staff recommends the City Council grant the Ballot Measure 37 waiver. Mayor Dirksen advised he would support the waiver as recommended and said the claimant would still need to meet health and safety requirements. Mayor Dirksen closed the public hearing. '. Councilox Wooclruff noted thi�s represents a different cixcumstance from the Measure 37 claim heard earlier this eveniug(E&V Development ' Company) and noted the regulations were moxe restrictive in 1992;howevex, stricter reglilations do not necessaxily mean there is a reduction in property value. Councilor Sherwood commented she would support the request for a waiver since the 1992 code was stricter. The Ciry Council considered the ptoposed ordinance: ORDINANCE NO. 07-09 AN ORDINANCE ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37'WAIVER OF THE TIGARD DEVELOPM�NT CODE AND COMPREHENSIVE PLAN POLICIES THAT ARE MORE RESTRICTNE THAN THOSE IN PLACE ON DECEMBER 7, 1992 WHEN THE 1.14 ACRES LOCATED SOUTH OF MCDONALD STREET AND EAST OF SW 100T}I AVENUE (WCTM2S111BB,TAX LOT 00500)WAS PURCHASED BY ROBERT E. RUEDY,AND TO ALLOW DEVELOPMENT UNDER THE TIGARD DEVELOPMENT CODE IN PLACE AT THAT TIME, SUBJECT TO APPLYING FOR AND RECENING SITE Tigard City Council Minutes -Apri124,2007 2Q. , . ,� enda Ttem Discussion&Comments Action Items follow u � , DEVELOPMENT REVIEW APPROVAL �� (M37200G-00006) 9. First Qua�tter Due to the lateness of the hour,City Council Ciry Council decided not to hear the update. City Manager Goal Update Prosser advised the status of the 2007 Council goals are posted on the City's website. Adjournment The meeting adjoumed at 10:14 p.m. Motion by Councilor Sherwood, seconded by Councilor Woodruff, to � adjourn the meeting. The morion was approved by a unanimous vote of Council pxesent. Mayor Dirksen Yes Councilor Buehner Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Woodruff Yes ' �%� .. �.e c.t� _a�2c Catherine Wheadey,City Recorder Attest: Mayor, ity of Tigard Date: -- " �(/7'�-.Q c��11 c�(�v7 � Tigard City Council Minutes -Apri124,2007 2$ . _ _ _ _ . _..._ : _. .. , .. . , » . . _. QTY OF TIGARD,OREGON TTGARD QTY QOt�NQL ORDINANCE NO.07-O R AN ORDINANCE ADOPTTNG FINDINGS TO GRANI'A BALLOT MEASURE 37 WAIVER OF Tf� TIGARD DEVELOPMENT CODE.AND OONIl'REHENSIVE PLAN POLIQES THAT ARE MORE RESTRICITVE T�iAN THOSE IN PLAC� ON DECEMBER 7, 1992 WHEN '1� 1.14 AC�tES LOCATED SOLJTH�F MCD4NALD STREET AND EAST OF SW 100�AVENUE (WClfiii 2S 111BB, TAX LOT 00500) WAS PURC:EiASED BY ROBERT E. RUEDY,AI�II� TO ALLOW DEVELOPMENT UNDER TT-3E TTGARD DEVELOPMENT OODE IN PLAC� AT 'I�IAT TTME, SUBJECI' T� APPLYING FORAND RECEIVING SITE DEVELOPMENTREVIEWAPPROVAL(M372006-00006). WHEREAS,the voters of the State of Oregon passed Ballot Measure 37 in 2004;and WHEREAS, Ballot Measure 37 provides the responsible govenung body to either pay compensation for reduced propeny value or waive the regulations where property is owned prior to the adoption of land use regulations;and WHEREAS,a claim was made by Robert E.Ruedy in the amount of$600,000.00 as the reduction in the value of the property under the current Tigard Development code;and WHEREAS Robert E. Ruedy has owned the propexty since December 7, 1992 precedi.ng the current T'igard Development Code and other applicable standards; NOW,'IT�REFORE,'1� QTY OF TTGARD ORDAINS AS FOLLOWS: SECITON 1: The attached staff report and vic.inity map (E�ibit A) and applicant's materia]s (E�thibit B) are herebyadopted as findings. SECITON2: A waiver from the T'igard Development Code Standards is hereby granted to Robert E. Ruedy to apply f or Site Development Review under the code and wning that was in place on December 7, 1992. Once Robert E. Ruedy ceases to be the owner, however, any expansion or major modification beyand development applied for during this ownership shall be subject to the land use regulations in effect at the time of application. SECITON 3: 'Ihis waiver applies to the property sourh of McDonald Street and east of SW 10dth Avenue in Tigard addressed as 14185 SW 100'�' Avenue, and legally described as WCIIVI 2S 111BB,Tax I.ot 00500. SECITON4: Tlvs ordinance shall be effective 30 days after its passage bythe Council,signature bythe Mayor,and posting by the City Recorder. PASSED: By �.l na-p►'m0�,15 vote of all Council members present after being read by number and tide only,this�?'-1 �.ay of „�,2U �_ ,2007. ORDINANCE No. 07- Q�{ Page 1 .... ._ _ . _ _.._ , _ 1 _ � _. _ , � (� i Catherine Wheatley,CiiyRecorder h APPROVED: By T'igard C'ity Council tivs��day of ,2007. e � , Craig en,Mayor Approved as to form: � � Caty Attorney „ �•a '�• � � Date ORDINANCE No. 07- (�� Page 2 � , �� City of Tigard, Measure 37 Land Use Hearing Testimony from Robert E. Ruedy ,� . April 24t", 2007 ' �5�'n ��- �� ,�� `-�.��7 RE: Measure 37 Claim #2006-00006 by Robert E. Ruedy Dear Mayor Dirkson, Tigard City Council members, our Tigard City Attorney, and planning department staff, I wish to testify in favor as a proponent of my subject Measure 37 claim to retain all land use options available to me at the time my original purchase or moment of initial ownership. When this subject property was originally obtained, it was accompanied by certain land use expectations. Any negating restriction and/or regulation pertaining to the subsequent use of that property by this owner, shall be either compensated at fair market price for my loss of that use, or those negating land use restrictions and/or regulations should be waived and released from their encumbrances upon the said property and its inevitable use or uses. The will of the majority of voters have created this Private Property Rights law for its most loyal "long term" citizens and taxpayers through Measure 37, and I hereby wish to reflect my full support of its implementation. With regard to this specific referenced claim noted above, as is stated in the "Public Hearing Notice" provided to the claimant 7 days prior to the hearing (see Exhibit A): Under the "Zoning Designation:" section is stated that "The R-12 zoning district is designed to accommodate a full range of housing types"... and "A wide range of civic and institutional uses are also permitted conditionally." Yet in the "Affected Regulations" section previous in this "Public Hearing Notice" is stated "Furthermore, the claimant provides no specific development plan, but instead offers a list of development options." It appears to me that for this private property owner to retain all available land use options applicable at the time of their original purchase, that objective requires latitude in application of the land use alternatives available at that point in time of the original purchase. Also, with regard to the "Affected Regulation:" section stating "No specific code provisions are cited", this statement is grossly in error as the supplemental information provided with the Measure 37 Claim was approximately 1 inch in thickness and had significant specifics as to the land use and other regulatory changes and issues that were both highlighted and red-lined marked-up. Within that supplemental information and support documentation is a comprehensive State of Oregon Measure 37 Claim application, there is also an 18-point table of information specifically stating the exact land use regulation chapters, sections and sub-sections specific to this property and its Measure 37 Claim issues. If any clarification is needed, it would be to state that "this claimant has requested waiver of ALL land use regulation and/or restriction that would negatively affect the subject property, or its land use relationship to the city and/or region, since the owner's original purchase date in December 1992." With regard to the "City Council Item Summary" for April 24, 2007, a few minor corrections are necessary: 1. In the first paragraph, the last sentence should be corrected to read "The property, located south of SW McDonald Street and west of SW 100th Avenue, was acquired by the claimant on December 7, 1992." 14185/Measure 37 Claim/ Page 1 of 5 Rev. 0 City of Tigard, Measure 37 Land Use Hearing Testimony from Robert E. Ruedy � April 24t", 2007 2. In the second paragraph, for clarification, the last sentence should read "Proposed changes to the site are indicated by various site plans included in the applicant's materials (Exhibit B), and the claimant has reflected that he may also pursue other land development plans or configurations, and/or uses as allowed by the City of Tigard and other agency land use regulations in place in December 1992." Additionally, "Exhibit B" was not provided to this claimant for review and verification as to its comprehensive contents. Request is made for its review, comment and inclusive changes by this claimant prior to it being included in formal public record. 3. In the fifth paragraph, towards the clarification of the claim, the last two sentences "However, in his submittal materials, the claimant lists items such as street improvement requirements (widths, cul-de-sac radii, hammer-head dimensions) which could marginally limit the available property for the proposed single-family scenario. Development of single-family detached dwellings in the R-12 zone at the time of acquisition would be substantially similar to development under the current code." would benefit from a final two sentences that would read; "Hence, the claimant has proposed a claim with adequate latitude to allow consideration of all R-12 zoning land uses at the time of his original purchase which include, but are not limited to, single-family attached, single-family detached, multi- family, and all other uses allowed both with and/or without condition. These uses may vary from current code, but will be fully explored at the time of Development Review Application by the claimant, whenever that may occur in the future." With regard to the "Staff Report to the City Council for the City of Tigard, Oregon" a number of clarifications are needed: 1. Under the "Affected Regulation:" section, the last three sentences reading "No specific code provisions are cited. Furthermore, the claimant provides no specific development plan, but instead offers a list of development options. Because the compensation claimed is for loss of six single family lots, staff has limited its review to that scenario" should be followed by ", but the city agrees to review this claimants 1992 land use options at the time of Development Review Application, whenever that may occur in the future." 2. Section III — Background needs a couple minor corrections in the first sentence which should read "The subject 1.14-acre parcel is located south of SW McDonald Street and west of SW 100'h Avenue and is developed with a single-family residence built in 1954." 3. Section I II —Applicable Criteria and Findings should be changed to reflect "Section IV— Applicable Criteria and Findings" since Section III is already established as "Background" 4. Corrected "Section IV -Applicable Criteria and Findings" sub-section D, paragraph 3, sentence 1 should read "Because the claimant does not identify specific standards and does not provide information to substantiate the compensation (which I strongly disagree with), there is some question as to whether the claimant has provided sufficient detail to assess the claim." 5. Corrected "Section IV -Applicable Criteria and Findings" sub-section E, paragraph 2, sentence 1, stating "The claimant did not submit a statement describing the extent to which the regulations would need to be waived, suspended or modified to avoid the need for compensation", needs to be qualified to present the perspective that the land use regulations and/or restrictions need to be comprehensively waived to mitigate the compensation requested in the specifically referenced City of Tigard claim filing. However, latitude has been provided within the claim for partial compensation in lieu of partial comprehensive waiver. 14185/Measure 37 Claim! Page 2 of 5 Rev.0 City of Tigard, Measure 37 Land Use Hearing Testimony from Robert E. Ruedy � April 24th, 2007 6. Corrected "Section IV -Applicable Criteria and Findings" sub-section E, paragraph 2, sentence 1, should additionally state that the waiver is to be all inclusive. The subject claimant further clarifies that the "Development Review Application" and other land use and development processes in place at the time of the original 1992 purchase will be allowed to be used for the cradle-to-grave process of any land use and development processes related to this Measure 37 Claim property, unless they are more restrictive (or less simplified) than is currently in place at the time of final "Development Review Application" submission. 7. Corrected "Section IV-Applicable Criteria and Findings" sub-section E, paragraph 3, title sentence and bullet points reflect only a portion of the development options available to the subject property. The claimant disagrees with the City Staff's choice of limited use options described for the private property claim, and wishes instead to maintain all development options and scenarios available in 1992. Upon "Development Review Application" submission by the claimant, the city will then be able to reflect on the land use applicability to the proposed land development based on 1992 land use regulations and restrictions in place at that time. 8. Corrected "Section IV-Applicable Criteria and Findings" sub-section F, paragraph 1, sentence 2, states that "The claimant has not provided an appraisal or market analysis of the subject property to support the claim." But the claimant disagrees with this statement reflecting that there were property compensation examples provided in the supplemental documentation submitted to the City regarding the claim. Furthermore, City Staff confirmed their receipt of this specific information, but that is unfortunately not reflected in this Staff Report for the resolution of this Measure 37 claim. 9. There is no "Section " reference for what should be "Section V— Decision Options" on page 3 of 6. This should be corrected to accurately reflect the section. 10. Corrected "Section V— Decision Options", sub-section 1, item a, paragraph 1, sentences 2 and 3 state that "The claim is based on the loss of six lots for allowed uses. Yet a brief staff analysis shows that 12 to 13 lots for single family use may be allowed under current standards." The subject claimant was reflected by City staff at the time of his original purchase in 1992 that 13 units (including the existing single-family residence) would be allowed to be placed on the property, and pre-application conferences of his and others substantiated that use, if that was the development choice of the private property owner when they eventually chose to file their"Development Review Application". When the claimant, prior to this Measure 37 claim filing, contacted City staff in person, the only confirmation that City staff was able to provide was that six units (in addition to the existing one)would be allowed to be constructed under current(2006) land use codes, regulations, and restrictions. This is what prompted the Measure 37 claim filing for the land use impacts subsequent to the original 1992 purchase of this subject property. 11. Corrected "Section V— Decision Options", sub-section 1, item b, paragraph 1, sentence1, states that "The claimant has not submitted information to support the proposed compensation." But again, as noted previously in item 8 above, the claimant disagrees with this statement reflecting that there was property compensation examples provided in the supplemental documentation submitted to the City regarding the claim. Furthermore, City Staff confirmed their receipt of this specific information, but that is unfortunately not reflected in this Staff Report for the resolution of this Measure 37 claim. 14185/Measure 37 Claim/ Page 3 of 5 Rev.0 City of Tigard, Measure 37 Land Use Hearing Testimony from Robert E. Ruedy . April 24th, 2007 12. Corrected "Section V— Decision Options", sub-section 1, item b, paragraph 1, sentences 2 and 3, states that "The claimant has not provided information on which to base a reduction in fair market value as determined by the difference between the market value of the property as is with current regulations and the market value of the same property without the regulations adopted since the property was acquired that reduce the value of the property. Therefore, the claim could be denied." Unfortunately, this scenario is only possible through first a denial of a submitted "Development Review Application" under 1992 based land use regulations, and then a subsequent 2007 based "Development Review Application" under 2007 based land use regulations. It is my understanding that this is the post- December 2006 method of filing a Measure 37 Claim and therefore it does not apply to this Measure 37 Claim or its decision options. 13. Corrected "Section V— Decision Options", sub-section 1, item h, paragraph 1, sentence 1, states that "The regulations in 18.510 have the purpose to preserve neighborhood livability and encourage construction of affordable housing." In the event this claimant decides to develop the property under his Measure 37 Claim waivers, or otherwise, he would hope to maintain a similar affordable housing position that is being currently incorporated within the development to the south adjacent to his property. 14. Corrected "Section V— Decision Options", sub-section 1, item 1.3, paragraph 1, sentence 1, should be corrected to read; "Staff notes that it appears that the claimanYs proposed 13-lot and/or unit development under the present zoning could be approved and suggests that a development plan be filed to determine to what extent the regulations, in fact, affect the property." 15. Corrected "Section V— Decision Options", sub-section 1, item 1.3, paragraph 1, last sentence, reflects that"The waiver would require the claimant to apply for land use under the substantive standards in effect as of December 7, 1992, and use the current development review process for the type of application made." The Measure 37 claimant vehemently disagrees with this City staff statement and requests that the statement should be modified to state that the Measure 37 Claim land use waiver is to be all inclusive, and that the "Development Review Application" and other land use and development processes in place at the time of the original 1992 purchase will be allowed to be used for the cradle- to-grave process of any land use and development processes related to this Measure 37 Claim property, unless they are more restrictive (or less simplified) than is currently in place at the time of final "Development Review Application" submission. This was requested in the original Measure 37 Claim and supporting documents, and must remain a part of this claim. 16. Corrected "Section V— Decision Options", sub-section 1, item 1.4, paragraph 1, first sentence, again states that "No specific regulation has been cited by the claimant", this statement is similar to that in the previous "Affected Regulation" section, and remains grossly in error as the supplemental information provided with the Measure 37 Claim was approximately 1 inch in thickness and had significant specifics as to the land use and other regulatory changes and issues that were both highlighted and red-lined marked- up. Within that supplemental information and support documentation is a comprehensive State of Oregon Measure 37 Claim application specifically referring to these regulations. There is also an 18-point table of information specifically stating the exact land use regulation chapters, sections and sub-sections specific to this property and its Measure 37 Claim issues. If any clarification is needed, it would be to state that "this claimant has requested waiver of ALL land use regulation and/or restriction that 14185/Measure 37 Claim/ Page 4 of 5 Rev. 0 City of Tigard, Measure 37 Land Use Hearing Testimony from Robert E. Ruedy . April 24t", 2007 would negatively affect the subject property, or its land use relationship to the city and/or region, since the owner's original purchase date in December 1992." 17. Corrected "Section V— Decision Options", sub-section 1, item 1.4, paragraph 1, second sentence, should be corrected to read; "Staff notes that it appears that the claimant's proposed 13-lot and/or unit development under the present zoning could be approved and suggests that a development plan be filed to determine to what extent the regulations, in fact, affect the property." 18. "Section IV—Conclusion" should be changed to reflect "Section VI— Conclusion" since Section IV and V have previously been recognized as other section titles. 19. Corrected "Section VI —Conclusion", paragraph 1, last sentence, refers to "The particular terms of the waiver are described in the attached ordinance." But this claimant is unable to find said "particular terms" and requests that they be made available for review, comment and implementation within the ordinance prior to it being executed into formal public record. With regard to the "City of Tigard, Oregon, Tigard City Council Ordinance No. 07- " draft, a number of clarifications are needed: 1. In the Ordinance Description at the top of Page 1, EAST needs to be changed to WEST of SW 100th Avenue 2. "Section 1:" references "Exhibit B", but this exhibit has not been provided to, nor reviewed by this claimant for its contents as being comprehensively provided to the council. Request is made for its review, comment and inclusive changes by this claimant prior to it being included in formal public record. 3. "Section 3:" EAST needs to be changed to WEST of SW 100th Avenue It is requested that city staff comprehensively review and refer to all information provided within this and other Measure 37 Claim filings, and their subsequent land use applications when submitted, prior to forming finat staff reports, land use opinions, land use approvals, and/or submissions to other City governed bodies. Thank you for your time and consideration of this testimony. Respectfully submitted, Robert E. Ruedy 14185 SW 100th Avenue Tigard, OR 97224-4951 (503) 620-5997 Attachment(s): "Exhibit A" 14185/Measure 37 Claim/ Page 5 of 5 Rev.0 1�L�JJK�v ' �O- ' -- - Craig Prosser- Fwd: M372006-00007 F.&V DEVELOPMENT PROPERTY COMPENSATION CLAIM (Forwardcd from Sydney@CityHall) (Frowarded from CouncilMail) �x - .�-��»:<�: �-�:��..��.��:��:��:,��,��,�.a.:,�s..�. .:� �,-.>� From: council mail councilmail To: Craig Prosser; Liz Newton Date: 4/24/2007 3:47 PM Subject: Fwd: M372006-00007 E&V Df;VF,LOPMI?N"I' PROPERTY COMPENSATION CLAIM (Forwarded from Sydney(cr�,CityHall) (Frowarded from CouncilMail) . _ _ _ ___ ___ _ _. __ - _ -- -- --- ___- - -----_ �/�a�� 7 , ; �(��y-� � 'L f-�-�-r,, � �'�,��: �' '�� .�-�.`� TUALATI N ' �� '��?:�. RIVERj�PERS' :�h``Y.i 1�7w�)'��c..F- .-c-�"S�T �,;.�5.`.�_�'<l:r., " ��'��.. - - - � —'. - .. _ ) ) � www.tualatinriverkeepers.org April 24, 2007 Tigard City Council 13125 SW Hall �3(vd Tigard, OR 97223 RE: M372006-00007 I?&V DEVI?LOPMF,NT YROPER"I�Y COMPENSATION CLAIM Dear Mayor Dirksen and City Council, Tualatin Riverkeepers requests that you deny all ciaims for compcnsation waiver of regulations under Measure 37. The purpose of Tigard Development Code 18.775, the sensitive lands regulations from which the applicant seeks relief, is clearly stated - to protect public health and safety and to comply with the federal Clean Water Act. Measure 37 and Tigard Municipal Code Section 1.20.080 state that Measure 37 claims may be denied if "The regulation protects public health and safety"or if"The regulation is required by federal law. Tigard Development Code 18.775.010 F. makes the purpose of this regulation plain and clear: Sensitive land areas are designated as such to protect the public health, safety, and welfare of the eommunity through the regulation of these sensitive land areas. Thus, this claim, and any other claim for relief from Tigard's sensitive lancis code 18.775 should be denied in order to protect public health and safety. Allowing this claim will set a precedent that could open up the City to futwe M37 claims based upon sensitive lands. Further, 18.775.010 states thal" The regulations of this chupter are intencted to protect the beneficiul uses of water within!he Tualatin River 13asin in accordance with CWS "Design and Construction Standards", as adopted fite://C:1Uocuments and SettingslCraig.000\Local Settingsl`I'emp\GW}OOOOI.HTM 4/24/2007 MeSS�e r agc � vi � February 7, 2000. Compliance with the Design and Construction Standards is required by the intergovernmental agreement {IGA) between Clean Water Services and the City of Tigard. Such compliance is a condition of the Municipal Separate Storm Sewer Pernut issued by Oregon Department of Environmental Quality under the Federal Clean Water Act. Failure to comply with this permit is a violation of federal law, thus this claim should be denied. By violating this perntit,CWS is liable for both civil and criminal penalties. The IGA with CWS holds the City liable for any fines caused by the City's violations. According to TMC Section 1.20.080 a claim or waiver of regulation may be denied if the application is incomplete_ The applicant failed to supply the required supporting documentation(market analysis and appraisal) for the claim of$398,150. The City should not subject this Council to hearings for incomplete applications. This c(aim and waiver should thus be denied for being incompiete. The City would be setting an undesirable precedent in waving regulations that protect public health and safety. Accepting incomplete Measure 37 claims such as this also subjects this council and City staff to unnecessary burden. Waiving regulations that ensure the City's compliance with the federal Clean Water Act harms our natura! resources and puts the City at risk for criminal and civil penalties. For these reasans this ciaim for compensation and waiver of regulations under Measure 37 should be denied. Sincerely, Brian Wegener Watershed Watch Coordinator Tualatin Riverkeepers 12360 SW Main St-Suite 100 Tigard, OR 97223 office: (503)620-7507 celi: (503)936-7612 Website: www.tualatinriverkeepers.org file://C:1Documents and SettingslCraig.000\Local SettingslTemplGW}00OO1.EITM 4/24/2007 AGENDA ITEM No. 8 Date: April 24, 2007 PUBLIC HEARING (QUASI-J U DICIAL) TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARIIVG CONSIDER A BALLOT MEASURE 37 CLAIM R�BERT E. RUEDY (M 372006-00006) A rcyucst for compensation or �vaiver of development regulations for property located at 14185 SW 100`'' Avenue (1.14 acres) This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. AI! written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 8 Date: April 24, 2007 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. A!I written and ora!testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. PLEASE PRINT Pro onent— S eakin In Favor) O ponent—(Speakin A ainst) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 'j�c��.:r }�.�-'C A i-1 Sl.-iz--��'� 1`��v' S �►w i Gt�� `rlti'�. ►ti �� I�� 1(Ut�, �."'-�R `�'+1 Z2� l'w �5�� Ezc� �-�� 9� , Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. �-e� �a v r s y fo `�?� Sc� �`d7C� .�a�� r��-z �� ay6�--sg6 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address& Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address& Phone No. ► —� tl�# �� TIGfllZD CI"1'Y C(��NCII, I�iEETING � �■ 11YKIL 24, 2007 6:30 p.m.* '1TGARD CITY HALL a,,� � 13125 SW HALL BLVD � "I"IGARD, OR 97223 _ PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no , sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communicarion items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in tesrifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30�.m. Assisrive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 ('TDD -Telecommunicarions Devices for the Dea�. Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpretexs for persons with speech or hearing unpairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is unportant to allow as much lead time as possible. Please norify the Ciry of your need by 5:00 p.m. on the Thursday preceding rhe meeting by calling: 503-639-4171, ext. 2410 (voice) oY 503-684-2772 (TDD - Telecommunicarions Devices for the Dea�. SEE ATTACHED AGENDA *Note: Volunteer Appreciation Event will commence at 5:30 p.m. in the City Hall Lobby COUNCIL AGLNDA – APRIL 24, 2007 page 1 r � AGENDA TIGARD CITY COUNCIL MEETING APRIL 24, 2007 r�:3u��M • STUDY SESSION • E�iECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negoriations under ORS 192.G60(2)(d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as pxovided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. �:3o i�h� 1. BUSINESS MEETING 1.1 Call to Order-City Council&Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. PROCLAMATIONS 2.1 Be Kind to Animals Week Proclamation • Mayor Dirksen 3. CITIZEN COMMUNICr�TION (Two Minutes or Less,Please) • Citizen Communicarion—Sign-In Sheet • Follow-up to Previous Citizen Communicarion • Chamber of Commerce Representarive 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one morion without separate discussion. Anyone may request that an item be removed by morion for discussion and separate action. Motion to: 4.1 Approve Council Minutes for March 13 and 20,2007. • Consent Agenda - Items Removed�or Se�arate Disczr,csion: flny item.c r�querted to be r�moved finm tbe Consent 1�gendr,�for�-e�arate di.rcu.r.rion rvill he con.ndered immediately after tbe Counczl has voted on those item.r whicb do not need discussion. COUNCIL AGENDA— APRIL 24,2007 page 2 5. ANNUAL VOLUNTEER PROG1tAM HIGHLIGHTS PRESENTATION a. Staff Report: Adtninistration 6. LEGISLATNE PUBLIC HEARING — COMI'REHENSNE PLAN AMENDMENT (CPA) 2006-00002 TO r1DD NEW DOWNTOWN GOALS, POLICIES AND 1'�CTION MF.r1SURES a. Open Public Hearing b. Declararions or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. c. Staff Report: Community Development Department d. Public Testimony Proponents Opponents e. Staff Recommendation f. Council Quesrions g. Close Public Hearing h. Council Considerarion—Ordinance No. 07- 7. MEASURE 37 CLr�IM HEARING (QUASI JUDICIAL) — E & V DEVELOPMENT COMPANY (M372006-00007) A request for compensarion or waivex of Tigard wedand regularions for property located along Greenburg Road. a. Open Public Hearing—Mayor b. Statement by City Attorney Regarding Procedure c. Declarations or Challenges - Do any members of Council wish to Yeport any ex parte contact or information gained outsidc the hearing,including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Staff e. Public Testimony - Proponents Applicant Other Proponents - Opponents - Rebuttal/Final argument by applicant £ Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance N�. 07- COUNCIL AGENDA— APRII.24,2007 page 3 8. MEASURE 37 CLAIM HEARING (QUASI JUDICIAL) — ROBERT E. RU�DY (M37200G-0000G) A request for compensarion or waiver of development xegularions for property located at 14185 SW 100th Avenue (1.14-acres). a. Open Public Hearing—Mayor b. Statement by City Attorney Regarding Procedure c. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Communiry Development Staff e. Public Testimony - Proponents Applicant Other Proponents - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 07- 9. FIRST QUARTER GOAL UPDATE a. Administrarion Department 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. E�iECUTIVE SESSION: The Tigard City Council may go into Execurive Session. If an Execurive Session is called to order, the appropriate ORS citauon will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4), but must not disclose any informarion discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 13. ADJOURNMENT COUNCIL AGENDA— APRIL 24, 2007 page 4 Agenda Item# � Meeting Date Anri124, 2007 COUNCIL AGENDA ITEM SUMMARY Cin� Of Tigard, Oregon Issue/Agenda Tide Robert E. Rued�� Ballot Measure 37 Claim�1372006-00006) / Prepared B�-: C'rary Pagenstecher Dept f-Iead.�pproval: � Cite\Igr_lpproval: ISSUE BEFORE THE COUNCIL To consider a Ballot Measure 37 claim for compensarion or waiver of development regulations for property located at 14185 SW 100`''�venue in the Ciry of Tigard. STAFF RECOMMENDATION Adopt the attached ordinance granting Ballot i�leasure 37 waiver of all dec-elopment code and Comprehensive Plan policies which are more restricrive than those in effect on December 7, 1992, the date the Claimant acquired interest in the property tl�rough Warranry Deed, subject to applying for and receiving site de��elopment review approval. KEY FACTS AND INFORMATION SUMMARY Robert E. Ruedy is seeking compensation and/or waiver of the current land use regularions and Comprehensive Plan policies that are more restricave than those in place at the time the subject 1.14-acre property was acquired. The property�, located south of SW McDonald Street and east of SW 100`� �-�venue, was acquired bj� the claimant on December 7, 1992. Ballot Measure 37 established a process whereby a propertj= owner or famil�- member �vho acquired property prior to the adoprion of land use regulations can make a claun if the land use regulation has restricted the use of the property and reduced the market value of the property. The unit of govemment responsible for the teguladon must either pa}� compensauon for the reduced properry value or waive the regularion. The property is improved with a 1,071 square foot residence built in 1954. Proposed changes to the site are indicated b� the various site plans included in the applicant's materials (Exhibit B). The Claimant states the reduction in propert�' value is estimated to be �600,000.00. Documentarion supporting this amount was not submitted with the applicaaon, but the Claunant resenres the right to supplement the claim with additional materials. Should the City Council choose to grant the waiver, it is suggested that the waiver be granted to Robert E. Ruedy, and not the land. Once a site development review applicarion is filed, the application will be processed under the C-3 or GG standards in place at the time the property was acquired. Development may occur consistent with any approved site development review. Once Robert E. Ruedy ceases to be the owner, however, any expansion or major modification beyond development applied for shall be subject to the rules in effect at the time of applicaaon. The code in effect at the time the claimant purchased the property was the City's 1989 Development Code with several amendments for Clear Vision ��reas (Ord 92-04} and Buffering and Screening Chapters (Ord 91-04). The proposed single-family residential use, the density of 3,050 square feet per unit,and setbacks for buildings are the same now as prior to the claimant's ownership. However, in his submittal materials, the claimant lists items such as street improvement requirements (widths, cul-de-sac radu, hammer-head ciimensions) �vhich could marginally� limit the available property� for the proposed single-famil�� development scenario. Devel��ment of single-family detached dwellings in the R-12 zone at the time of acquisidon would be substanrially� similar to development under the current code. OTHER ALTERNATIVES CONSIDERED Pay compensation to the land owner, in which case the Cin� ma�� want to obtain its own market assessment of the amount of compensarion. CITY COUNCIL GOAL.S N/� ATTACHMENT LIST Attachment 1: Proposed Ordinance Exhibit A: Staff Report and Vicuury Ma� Exhibit B: Applicant's Materials FISCAL NOTES The applicant pro�rided a �1,000 deposit to co��er application review costs. Tlus deposit will be refunded to the applicant if the claim or�vaiver is granted. There are no budgeted funds to pay compensation. ,�TY OF TTGARD, OREGON TTGARD QTY COUNQL ORDINANC� NO. 07- AN ORDINANC� ADOPTING FINDINGS TO GRANI'A BALLOT MEASURE 37 WAIVER OF T�iE TTGARD DEVELOPMENT GODE AND QONII'REHENSIVE PLAN POLIQES THAT ARE MORE RESTRICTTVE THAN THOSE IN PLAC� ON DEC�MBER 7, 1992 WHEN Tf-� 1.14 AC�tES LOCATED S�UTH OF MmONALD STREET AND EAST OF SW 100�`AVENLJE (WCTM 2S111BB, TAX LOT 00500) WAS PURC�IASED BY ROBERT E. RUEDY, AND TO ALLOW DEVELOPMENT UNDER TT� TTGARD DEVELQPMENT CODE IN PLAC� AT THAT TTME, SUBJEGT TO APPLYING FOR AND RECEIVING SITE DEVELOPMENT REVIEW APPROVAL(M372006-00006). WHEREAS,the votexs of the State of Oregon passed Ballot Measure 37 in 2004;and WHEREAS, Ballot Measure 37 provides the responsible governing body to either pay compensation for reduced property value or waive the regulations where property is owned prior to the adoption of land use regulations;and Wf-IEREAS, a claim was made by Roben E. Ruedy in the amount of$600,000.00 as the reduction in the value of the property under the current Tigard Development code;and WHEREAS Robert E. Ruedy has owned the property since December 7, 1992 preceding the cuirent 'Tigard Development Code and other applicable standards; NOW,THEREFORE,Tf-� QTY OF TTGARD ORDAINS AS FOLLOWS: SECITON 1: The attached staff report and vicinity map (Exhibit A) and applicant's materials (Exhibit B) are herebyadopted as findings. SECITON 2: A waiver from the T'igard Development Code Standards is hereby granted to Robert E. Ruedy to apply for Site Development Review under the code and zoning that was in place on December 7, 1992. Once Robert E. Ruedy ceases to be the owner, however, any expansion or major modification bey�nd development applied for during this ownetship shall be subject to the land use regulations in effect at the time of application. SEGTION 3: This waiver applies to the property south of McDonald Street and east of SW 100th Avenue in Tigard addressed as 14185 SW 100�' Avenue, and legally described as WCIIVI 2S111BB,Tax Lot 00500. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the May�r,and posting by the Ciry Recorder. PASSED: By vote of all Council members present after being read by number and tide only,this dayof ,2007. ORDINANCE No. 07- Page 1 Catherine Wheadey,City Recorder APPROVED: By Tigard C"ity Council chis day of ,2007. G-aig Dirksen,Mayor Approved as to form: Caty Attorney Date ORDINANCE No. 07- Page 2 � • EXHIBIT A Agenda Item: Hearin Date: ril 24 2007 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL FOR THE CITY OF TIGARD, ORE GON 180 DAY CLAIM PROCESSING PERIOD = 5/30/2007 SE CTION I. CLAIM SLT�vIMARY FILE NAME: RUEDY PROPERTY COMPENSATION CLAIM CITY CASE NO: Measure 37 Claim(M37) M372006-00006 CI.AIMANT: Robert E. Ruedy OWNERS: Same 14185 SW 100`�Avenue Tigard, OR 97224 CI.AIM: The amount claimed as compensation is $600,000.00 for the loss of su�lots at$100,000 each. AFFECTED REGULATION: The C�aimant seeks a waiver of unspecified "City of Tigard comprehensive plan change, and other changes that may have impacted the comprehensive use of the property within iu current zoning at the time of original purchase in 1992 until the present." The applicant's supporting materials refer generally to Chapter 18.510, Residential Zoning Districts. No specific code provisions are cited.Furthermore,the claimant provides no specific development plan,but instead offers a list of development options.Because the compensation claimed is for loss of six single-family lots,staff has limited its review to that development scenario. ZONING DESIGNATION: R 12: Medium-Density Residential District. The R 12 zoning district is designed to accommodate a full range of housing types at a minixnum lot size of 3,050 square feet. A wide range of civic and institutional uses are also perniitted conditionally. LOCATION: 14185 SW 100`t'Avenue;WCfM 2S111BB,Tax Lot 00500. APPLICABLE CODE CRITERIA: Municipal Code Chapter 1.20. SECTION II. STAFF RECOMMENDATION Staff recorrunends that the City Council review the following report and determine whether the claim is valid. Staff further reconunends that Council deny the monetary claim and waive the regulations as described in the conclusion section of this report. RUEDY PROPERTY O�NIPENSATION C]�AIM STAFF REPORT(M3720060000G) PAGE 1 OF 6 QTY�LJNQL[-�ARING 4/24/2007 SECTION III. SACKGROLJND The subject 1.14acre pa�el is located south of McDonald Street and east of SW 100`'' Avenue and is developed with a single-family residence built in 1954. The parcel is part of the November 1, 1906 Tigardville Heights subdivision. The parcel is currendy zoned R 12, which was also the zoning designation at the time the claunant acquired the subject parcel(September 1991 Comprehensive Plan Zoning Districts map). SE CTIDN III. APPLICABLE CRITERIA AND FINDINGS Section 1.20.030 states a property owner wishing to make a claim against the City under Measure 37 shall first submit a claim to the City. A claim under Measure 37 must be in writing and include: A. Identification of the affected property. Identification may be by street address, subdivision lot number, tax lot number, or any other information that identifies the propecty. The claimant identifies the property as "14185 SW 100`h Avenue, Tigard, OR, 97224; WCI'M 2S111BB, Tax Lot 00500. B. The name and contact information of the person making the claim, the date the Claimant acquired the propecty, and, if applicable, the date that a family member of Claimant acquired the property and the names and relationships of family members that are previous owners. The name and contact information of the person making the claim is Robert E. Ruedy, 14185 SW 100`i' Avenue, T"igard, OR97224; Phone: (503) 620-5997. The propertywas acquired bythe claimant and his wife,Donna Ruedy,on December 7, 1992 as shown in the Warranry Deed for the property. A Bargain and Sale Deed, dated June 17, 2005 conveyed Dona Rued�s interest to Robert Ruedy,who is presently the sole owner. C. A list of all persons with an ownership interest in or a lien on the property. The clairnant is the sole owner of the subject property. D. Identification of the regulation that is alleged to restrict the use of the affected property and a statement describing how the restriction affects the value of the property. The claimant states that the "City of Tigard Comprehensive Plan change, and other changes may have impacted the comprehensive use of said property within its current zoning at the time of original purchase in 1992, until the present." The claimant generally refers to TDC Chapter 18.510, Residential Zoning District regulations and to potential restrictions associated with streets, stormwater mitigation, irrigation wells, trees, variances and conditional uses. The claimant asserts that the number of lors allowed under the current code is reduced by six and that the restrictions reduce the value by$600,000 (6 lots at $100,000 each). Because the claimant does not identify specific standards and does not provide infom�ation to substantiate the compensation claun, there is some question as to whether the claimant has provided sufficient detail to asses the claim. Furthermore, the proposed single-family residential use and the proposed density are the same now as prior to the claunant's ownership. However, in his subnuttal inaterials, the clauiiaiit lists items such as street improvement requirements (widths, cul-de-sac rad'u, hammer-head dimensions) which could marginally limit the available property for development. RUEDY PROPERTY OOMPENSAT[ON Q.AIM STAFF REPORT(M372006-00006) PAGE 2 OF 6 (IT1'OOLINQL HEARING 4/24/2007 E. A statement whether the Claimant prefers compensation or a waiver, suspension or modification of the regulation, and a statement describing the extent to which the regulation would need to be waived, suspended or modified to avoid the need for compensation. A description of the proposed use must be provided. The claimant states a preference for"either or both,compensation for,or waiver of,the regulation." The clain�nt did not submit a statement describing the extent to which the regulation would need to be waived, suspended or modified to avoid the need for compensation. The claimant proposes several development scenarios including: • Dividing the property into two lots, one for the existing single-family dwelling, and the other for multi- familyhousing, group care residential, farrvlydaycare, group residential treatment, or hospital; or • Dividing the property into 12 lots (in addition to the existing single-family residence) for mobile homes, manufactured homes,townhouses; or • Dividing the property into 6 lots (in addition to the existing single-family residence) as multi-family units, duplex residential units, or single-family attached. F. The amount claimed as compensation and documentation supporting the amount. The documentation shall include a market analysis, an appraisal, or other documentation at least equivalent to a market analysis. The claimant states the amount of just compensation is the "loss of six units at $100,000.00 each," or $600,000.00. The claimant has not provided an appraisal or market analysis of the subject property to support the claim The claim is based on the unsubstantiated assertion that at the time of purchase, 12 lots could have been developed, and that under current regulations only 6 lots would be allowed. G. The name and contact information of the Claimant's authorized representative or representatives, if applicable. NA Section 1.20.080 outlines the criteria for making a decision on the compensation claim. In deciding the claim, the Decision Maker may take any of the following actions: 1. Deny the claim based on any one or more of the following findings: a. The regulation does not restrict the use of the private real property. The regulation cited by the claimant, TDC 18.510, includes allowable uses and residential zoning district development standards, Tables 18.510.1 and 18.510.2, respectively. The claim is based on the loss of six lots for allowed uses. Yet, a brief staff analysis shows that 12 to 13 lots for single-family use may be allowed under current standards. Staff finds that current regulation does not restrict the type of uses the claimant has proposed or the density of use proposed. It appears that the claimant believes that development standards for such items as water quality and street standards would restrict development even though he has not explored variances or adjustment allowed bythe present code. Therefore,the claim could be denied. Note: As there has been no litigation on this issue, the claimant could go to court for a deternunation of the basis of a denial. RLIEDY PROPER'I1'�MI'E1�6AT[ON Q.AIM STAFF REPORT(M37200G00006) PAGE 3 OF 6 QTY O�UNQL HEARING 4/24/2007 b. The fair market value of the property is not reduced by the passage or enforcement of the regulation. The claimant has not submitted information to support the proposed compensation. The claimant has not provided inforn�ation on which to base a reduction in fair market value as detercnined by the difference between the market value of the property as is with current regulations and the market value of the same property without the regulations adopted since the property was acquired that reduce the value of the property. Therefore, the claim could be denied. Note: As there has been no litigation on this issue, the claimant can go to court for a determination of the basis of a denial. c. The claim was not timely filed. The claim was filed within two years of passage of Measure 37. It was timely filed on December 1, 2006. d. The Claimant is not the current property owner. According to the title information,the claimant is the current property owner. e. The Claimant or family member of Claimant was not the property owner at the time the regulation was adopted. The claimant has owned the property since December 7, 1992. The Claimant owned the property at the time the cited regulation was adopted. f. The regulation is a historically and commonly recognized nuisance law or a law regulating pornography or nude dancing. TDC 18.510 includes regulations with respect to residential uses and development standards neither of which are considered nuisance laws. g. The regulation is required by federal law. TDC 18.510 consists of land use regulations, which are typically in the domain of local governments and not required by federal law, as is the case with these regulations. h. The regulation protects public health and safety. The regulations in 18.510 have the purposes to preserve neighborhood livability and encourage construction of affordable housing. Zoning districts are descnbed, uses are listed, minimum and maximum densiry is established and development standards are provided for lot size, ovidth, setbacks, building height, lot coverage and landscaping. In addition, 18.510.050.A.2 requires all development to comply with all other applicable standards and requirements contained in this title (Title 18, Development Code). Arguably, setback requirements are designed for the benefit of public health and safery, as they ensure a minirnum outdoor open space and adequate emergency access between buildings, specif ically, and protect the livability of e�cisting and future neighborhoods, generally. RUEDY PROPERTY�MI'EIVSATION Q.AIM STAFF REPORT(M37200600006) PAGE 4 OF 6 QTY QOCJNQL E�ARING 4/24/2007 i. The City is not the entity responsible for paymen� The City is not responsible if the challenged law, rule, ordinance, resolution, goal or other enactment was not enacted or enforced by the City. The Ciry enacted the present zoning designation and development standards, and is therefore, the jurisdiction responsible for payment, if payment is required. j. The City has not taken final action to enforce or apply the regulation to the property for which compensation is claimed. Although pre-application conferences were held in March, August, and October of 1992 for several proposed development scenarios, no detailed development plan or land use proposal has been reviewed or final action taken to apply the challenged regulations to the subject property. k. The City has not established a fund for payrnent of claims under Measure 37. No such fund has been established at this time. If the Ciry finds the claim to be a valid claun,the Ciry should waive the regulation and denythe claim for compensation. 1. The Claimant is not legally entided to compensation for a reason other than those listed in subsections a through k. The basis for this finding must be clearly explained. Staff finds no other reasons, aside from those already listed,to denythe claim. 2. Pay compensation, either in the ainount requested or in some other amount supported by the evidence. If the City pays compensation, the City shall continue to apply and enforce the regulation. Any compensation shall be paid frotn funds appropriated for that purpose. The City may require any person receiving compensation to sign a waiver of future claims for compensation under Measure 37 and the City may record that waiver with the County Recorder. The Ciry Council will need to make a deternunation of whether funds may be appropriated to pay any valid claim. Staff finds that the evidence does not support the compensation request,and suggests that anyclaim paid be subject to development review and an appraisal to deternune the appropriate value of the claun. But clearly,the City has not appropriated any funds for compensation and staff recommends instead that the Council opt for waiver of any affected regulations. 3. Waive or not ap�lv the regulation to allow the owner to use the propecty for a use permitted at the time the Claimant acquired the properiy. Staff notes that it appears that the claimant's proposed 13-lot development under the present zoning could be approved and suggesu that a development plan be filed to determine to what extent the regulations, in fact, affect the property. Without this review, Staff recommends that a general waiver of applicable niles may be granted, and that any waiver shall run with the person, and not the land. The waiver would require the claimant to apply for land use under the substantive standards in effect as of December 7, 1992, and use the current development review process for the type of application made. 4. Modi , the regulation so that it does not give rise to a claim for compensation. Any such modification shall be for the specific property only unless the City follows die procedure for a legislative land use decision. RUEDY PROPERTY QOMI'ENSATION Q..AIM STAFF REPORT(M37200G00006) PAGE 5 OF 6 Q'IY QOCnVCIL HEARING 4/24/2007 No specific regulation has been cited bythe claimant. Staff notes that it appears that the claimant's proposed 13-lot development under the present zoning could be approved, and suggests that a development plan be filed to deternune to what extent the regulations, in fact, affect the property. Staff recommends that any modification of applicable rules to avoid compensation be considered subject to development review, and that any waiver shall run with the person, and not the land. 5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of contributions toward compensation by a specified date from persons opposed to the waiver or suspension, such as persons who believe they would be negatively affected by waiver or suspension, with the waiver or suspension being granted if the defined amount of contributions is not received by the specified date. If the contributions are received, compensation shall be paid within 180 days of the date the claim was filed. The specified date sha(1 allow the City time to process the contributions and pay compensation. No contributions for compensation have been identified at this time. The Decision Maker may take other actions it deems appropriate in individual circumstances, may modify the listed actions, and/or may combine the listed actions, consistent with Measure 37. The Decision Maker may negotiate an acceptable solution with the Claimant or may direct staff to negotiate with the Claimant� In the event that the Decision Maker directs staff to negotiate, the matter shall be set for further action by the Decision Maker no less than 175 days from the date of the notice of claim became complete. The Council shall take final action within 180 days of the claim. The Decision Maker shall take actions 2 through 5 only if it determines the claim is valid. If Council finds the claim is valid and wishes to negotiate an acceptable solution with the Claimant,the matter shall be set for further action by Council by May 22, 2005 and for final action by May 30, 2007. A decision by a Decision Maker other than Council shall not be a final decision, but shall be a recommendation to Council. Tlvs report represents only a recommendation to the Ciry Council and is not a final decision of the Ciry. SECTION IV. CONCLUSION Staff finds that there is no basis for a compensation claim and suggests the City Council could deny the claim. However, because of the ambiguity of the claim with respect to the intended use and the affected regulations, staff recorrunends Council waive any regulations that may be affected, subject to development review for a specific development proposal. The particular tern�s of the waiver are described in the attached ordinance. � `� �`�� April 10, 2007 PREPARED BY: Gary Pagenstecher DATE Associate Planner RUEDY PROPERTY OOIvII'ENSAT[ON Q.AIM STAFF REPORT(M372006-00006) PAGE 6 OF 6 Q'IY�UNQL HEARING 4/24/2007 I _� �\ \--- �--- --- / �` , r, -\ ---�\- � � � � _ __ \ — _ `,O \ � �enr,a�nwir. i �nAUn•�na s�sreu � , _�_� �� _ , �� VICINITY MAP � � i ' � � Q � �`�� >; , - ��-. �� ----� � , . �� :�_ -r f HILL VIEVII �� ST� �� ; / / ---- — �-r - --- � -- ----- ti�l - ______________ � o� �-- � ,'� P � �IiIEW C ,� �--_ _ N� 1 �- / P�- _ __ M372006-00006 - Q _ a----- , �1 \ O� ______________ . - I - ROBERTE. RLTEDY --��, �_- D � /;- -i-- �__ MEASURE 37 CLAIM oi m , '1 � � , �� _ _. - --�-- -J----� --L—� � �-' � - _ --- - ,.---- - McQONALDI ___ _ ST �' � � , � ' - LEGE?�TI�: U = o I— ' - = sUBJECT ~ _ `�' i o = -- _ . SITE - ��h. _ O�l o � � � - - _ � I Z�., � rn! ! JANZEN ELROSE ST - --------- - � �r � - , J -- � . V a co :,:Erz�,, I v � — ~ .. . _ .T � F�tH1u � .. �. L ` � f— - .. ' _.. .� . . �.. . . - ' ,y�y ^ . i � .�,. ' T _ � �� , �, ��, '�- � � �, �� ; I �__.._._-_ .__'_ ' -`—I� ,.�4'F'!: 3P'� . 'i 1... I !1�N.4'� FU � Ti-T-� �_ _ � � � � ' Iit) �! > i _ _ i I I L�er.c etr+n . / �7RMad .rso .1 , � � / � D . C -- U - �I ` ��.( ,�'� j � '� / m � � I ' TlgarO Area Ma0 � I' I m W I � --- li VIEW TERR._ --- � � � �_ � � >, � _ ---- ' /EW TERR —_ �— --- ' �--- - -� r�I N � ` � 1 � ; � � , �___�__� — __ I 0 100 200 300 400 500 PBeI �----�- �--�-� �- -�- I�, _-�-�- - _ `� � ; . . � ,-=48�fee� I il � �J-,T-� 7NE�_$T � ill ` , � , . , . ; � '' , - � i � � � . r:•: , CANTERBURY LN. - I � . �- ' � ___ I _� _J___ I � __ Infofm3tiOn on Ihis map is�or general lor,at�on only Tntl T— - , should be verified wilh the Development Services Drvislon. I . � � 13125 SW Hali Brod I I I . � - j i Tigard.OR 97223 �---J � (503)fi39-4171 i - -_. .._. - . . _... J , ' _ _ � i PEMBROOK ST I h,tP��9a�d.o��s C mmunity Development . __ '-- I-- - _ _ _._ - — - --- -- Plot date: Feb 2,2007; C.lmagiclMAGIC03.APR NOTICE TO MORTGAGEE,LI_ 1HOLDER,VENDOR OR SEL. �Z 'IT-�TIGARD DEVELOPMENTOODE REQLJIRES'IHATIFYOURECEIVE THIS NO'IT�, �� IT SHALL BE PROMI'"!LY FORWARDED TO TI-�PURC�IASER . � ' � PUBLIC HEARING NOTICE NOTTCE IS HEREBY GIVEN THAT THE TIGARD QTY COUNQL. AT A MEETTNG ON TUESDAY, APRIL 24,2007 AT 7:30 PM,IN TT�E TOWN HALL OF TT�E TTGARD QVIC CENTER, 13125 SW HALL BOLJLE VARD, TIGARD,OREGON 97223 WILL CONSIDER T'HE FOLLOWING APPLICATTON: FILE NO.: MEASURE 37 CLAIM (M37) 2006-00006 FILE TITLE: ROBERT E. RUEDY PROPERTY COMPENSATION CLAIM CLAIMANT/ Robert E.Ruedy Q.AIMANT'S Same OWNER: 14185 SW 100th Avenue REP.: 'I"igard,OR 97224 CLAIM: The amount claimed as compensation is $600,000.00 for the loss of six lots at$100,000 each. AFFECTED REGULATION: The Claimant seeks a waiver of unspecified "City of Tigard comprehensive plan change, and other changes that may have impacted the comprehensive use of the property within its current zoning at the time of original purchase in 1992 until the present." The applicant's supporting materials refer generally to Chapter 18.510, Residential Zoning Districts. No specific code provisions are cited. Furthermore, the cla.imant provides no specific development plan, but instead offers a list of development options. Because the compensation claimed is for loss of six single-familylots,staff has limited its review to that development scenario. LOCATION: 14185 SW 100th Avenue;Washington County Tax Assessor's Map No. 2S 111BB, Tax Lot 00500. ZONING DESIGNATION: R 12: Medium-DensityResidential District. The R 12 zoning district is designed to accommodate a full range of housing types at a mirumum lot size of 3,050 square feet. A wide range of civic and institutional uses are aLso permitted conditionally. APPLICABLE RE VIE W CRITERIA: Tigard Municipal Code Chapter 1.20. BOTH PUBLIC ORAL AND WRITTEN TESTIMONY IS INVITED. THE PUBLIC HEARING ON T�-IIS MATTER WILL BE CONDUCTED IN ACCORDANC.� WITH C�IAI'TER 1.20.080 OF Tf-�E TIGARD MLJNIQPAL CODE, AND 'IT� RULES OF PROC�DURES ADOPTED BY THE QTY COUNQL. ASSISTIVE LISTENING DEVIC�S ARE AVAILABLE FOR PERSONS WITH IMI'AIRED HEARING. TT�E QTY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOIC�) OR 503-6842772 ('I'DD - TELECOMMUIVICATTONS DEVICES FOR THE DEA� NO LESS THAN ONE WEEK PRIOR TO 'I'HE HEARING TO MAKE ARRANC;EMENTS. ANYONE WISHING TO PRESENT Wfc��I'EN TESTTMONY ON T�IIS PROPOSED..TION MAY DO SO IN WRITTNG PRIOR TO OR AT TT�E PUBLIC HEARING. ORAL TESTTMONY MAY BE PRESENTED AT T'HE PUBLIC HEARING. AT TT�E PUBLIC HEARING, 'IT� QTY COUNQL WILL RECEIVE A STAFF REPORT PRESENTATTON FROM THE QTY PLANNER, OPEN Tf-� PUBLIC HEARING, AND INVITE BOTH ORAL AND �X/RITTEN TESTIMONY. TF-� QTY QOUNQL MAY CONTTNUE THE PUBI.IC HEARING TO ANOTHER MEETTNG TO OBTAIN ADDITTONAL INFORMATION OR Q.OSE THE PUBLIC HEARING AND TAKE ACITON ON Tf-�APPLICATTON. 'I� QTY COUNQL SHALL HAVE THE AUTHORITY TO DEQDE WHETI-�R ♦ THE Q,AIMANT IS NOT LEGALLY ENTTTL.ED TO CONII'ENSATTON. ♦ TT�E QTY SHALL PAY COMI'ENSATTON. ♦ WAIVE OR NOT APPLY THE REGULATTON. ♦ MODIFY'IT-�E REGULATTON SO THAT IT DOES NOT GIVE RISE TO A CZ.AIM FOR CONIl'ENSATTON. ♦ CONDITIONALLY WAIVE OR SUSPEND Tf-�E REGULAT'ION SUBJEGT CONDITTONS. T'�IE QTY COUNQL SHALL HAVE "I'I� AUI'HORITY TO TAKE 'I�IE ACITONS LISTED IN SECTION 120.080,INQ,UDING THE ALTfHORITY TO WAIVE OR SUSPEND ANY PROVISION OF ANY QTY CODE, ORDINANC� OR RESOLUITON, NOTWIT�-ISTANDING ANY INCONSISTENT PROVISION IN THE TIGARD MiJ1VIQPAL OODE OR THE OOMMCJI�TITY DEVELOPMENT GODE. FUR'I'I�R INFORMATION MAY BE OBTAINED FROM THE PLANNING DMSION (STAFF CONTACT: GARY PAGENSTECHERI AT 13125 SW HALL BLVD., TTGARD, OREGON 97223, BY CALLING 503-639-4171, OR BY EMAIL TO garvuC�tigard-or.�ov. A OOPY OF TT-� APPLICATTON AND AL.L DOG2JMENTS AND EVIDENCE SUBMITTED BY OR ON BEHALF OF THE APPLICANT AND Tf-� APPLICA�3LE QZITERIA ARE AVAILABLE FOR INSPECTION AT NO OOST. A COPY OF TF-iE STAFF REPORT WILL BE MADE AVAILABLE FOR INSPECITON AT NO COST AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING,AND COPIES FOR ALL ITEMS CAN ALSO BE PROVIDED AT A REASONABLE OOST. �'a . , � .o..,>. :.:. ,. � VICINITI" MAI' _ � HILL VIEW �IEVV C 1i3�'OOG-OOOOG =___ > ________---__ z F.OBEF�T E.F�tiED� � \fE�SUF`E��CL�I\I 0 LEGEND: � > suBJECT �� a sITE �� N LROSE ST �. � � � ' � J U a .c�i ,��'{`y--;...-f � _ �-�'�� -�� fi 5. � ' Q .� . �� _ , G� � ��=^i�`�. ��l`'\�?� f_�l � —•�rt—.'�_ �� t i ..��.—�. ;r ~ � W , :, � :m.i...,o.,o . � . � • �'- TE VIEW TERR ry o ioo mo roo no wa r.+ 1 M� T :•� a . � CANTERBURYLN nr«mane.en Nam.o e a�a.�..+�w�mo�mi�a�a Y�auk E�nnY!�NN�Mr�byin�n S��Ma��iW�wn. u�xe fw wu uw TparO.OR Olt]1 W @0]1110�111t PEMBROOK ST ��••d.�e•�<�•�• mmuniN Developmen[ Plot da[e:Feb 2,2007;C.lmapidMAGIC03.APR 1� AFFIDAVIT OF MAILING - I, Patricia L. Lunsfor�d bein first duly sworn/affirni, on oath depose and say that I am a Planning Administrative Assistant for the City of�I'iga�, Washington County,Oregon and that I served the following: ;Ux<k.�,pnq,iuu�tsos�,)&k�N ❑x NOTiC� OF PUBLIC HEARING FOR M372006-00006/ROBERT E.RUEDY PROPERTY COMI'ENSATTON Q�AIM (File No./Narre Reference) � AIVIENDEDNOTIC� HEARING BODY: HEARING DATE: ❑ Caty of T'igard Planning Director ❑ Tigard Hearings Officer ❑ T'�igard Plaruung Conun�ssion � Tigard CityCouncil (4/24/2007) A copyof the said notice being hereto attached,marked E�ibit"A",and byreference made a part hereof,was mailed to each nained peison(s) at the address(s) shown on the attached list(s),marked E�ibit"B",and byreference made a part hereof,on ADril 16,2007,and deposited in the United States Mail on Anri116,2007,postage prepaid. � ' � C D7� (Person that Pre ed uce STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the�dayof ,2007. OFFICIAL SEAL ` DIANE M JELDERKS NOTARY PUBLIC-OREGON COMMISSION N0.37302i N ARY PUBLIC O GON MY COMMiSSION EXPIRES SEPT.25,2007 My Cominission Expires: _ � H1BIT � NOTIC.� Tb MORTGAGEE,L_ JHOLDER,VENDOR OR SEL � THE TTGARDDEVELOPMENT�DE REQiJIRES'IHATIFYOUREC�IVE THISNOTICE, �� IT SF-IALI.BE PROMI'TT.Y FORWARnED TO THF.PiJRQ IASER � . • ' � PUBLIC HEARING NOTICE NOTIC� IS HEREBY GIVEN '1'HAT 1'HE TIGARD CITY COUNCIL, AT A MEETING ON TLJESDAY, APRIL 24,2007 AT 7:30 PM,IN TT�E TOWN HALL OF TT� TIGARD QVIC C�NTER, 13125 SW HALL BOULEVARD, TTGARD,OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATTON: FILE NO.: MEASURE 37 CLAIM (M37) 2006-00006 FILE TITLE: ROBERT E. RUEDY PROPERTY COMPENSATION CLAIM CI.AIMANT/ Robert E. Ruedy CLAIMANT'S Same OWNER 14185 SW 100th Avenue REP.: T'igard,OR 97224 CLAIM: The amount claimed as compensation is $600,000.00 for the loss of six lots at$100,000 each. AFFE CTE D REGULATION: The Claimant seeks a waiver of unspecified "City of Tigard comprehensive plan change, and other changes that may have impacted the comprehensive use of the property within its current zoning at the time of original purchase in 1992 until the present." The applicant's supporting materials refer generally to Chapter 18.510, Residential Zoning Districts. No specific code provisions are cited. Furthermore, the claimant provides no specific development plan, but instead offers a list of development options. Because the compensation claimed is for loss of six single-family lots, staff has limited its review to that development scenario. LOCATION: 14185 SW 100th Avenue;Washington CountyTax Assessor's Map No. 2S111BB,Tax Lot 00500. ZONING DESIGNATION: R 12:Medium-DensityResidential District. The R 12 zoning district is designed to accommodate a full range of housing types at a ininiinum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE RE VIE W CRITERIA: Tigard Municipal Code Chapter 1.20. BOTH PUBLIC ORAL AND WRITTEN TESTIMONY IS INVITED. 'IT� PUBLIC HEARING ON T�-IIS MATTER WILL BE OONDUGTED IN AOCORDANC� WITH CHAPTER 1.20.080 OF 'IT� TIGARD MUNIQPAL OODE, AND Tf-� RULES OF PROC�DURES ADOPTED BY TF-IE QTY COUNQL. ASSISTTVE LISTENING DEVIC�S ARE AVAILABLE FOR PERSONS WITH IMI'AIRED HEARING. THE QTY WILL Ai.SO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INT'ERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQLIEST. PL.EASE CAL.I_ 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 ('TDD - TELEOOMML.11�1ICATTONS DEVIC�S FOR THE DEAF� NO LESS 'I�IAN ONE WEEK PRIOR TO 'IT� HEARING TO MAKE ARRANGF.MF.NTS. ANYONE WISHING TO PRESENT WRI'_ l�i TESTTMONY ON T�IIS PROPOSED A.�_�ON MAY DO SO IN WRIT'ING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTTMONY MAY BE PRESENTED AT `I��E PUBI.IC HEARING. AT 'TI� PUBL.IC HEARING,1� QTY COUNQL WILL REC�IVE A STAFF REPORT PRESENTATTON FROM'1� QTY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. 'IT�E QTY QOUNQL MAY CONITNUE THE PUBLIC HEARING TO ANOTHER MEETTNG TO OBTAIN ADDITTONAL INFORMATION OR Q,OSE 'I'HE PUBLIC HEARING t�ND TAKE ACITON ON THE APPLICATTON. TT� QTY COUNQL SHALL HAVE T'HE AUI'HORITY TO DEQDE WHETF-�R ♦ THE CLAIMANT IS NOT LEGALLY ENTITLED TO GOMI'ENSATTON. ♦ "I'HE QTY SHALL PAY CONII'ENSATTON. ♦ WAIVE OR NOT APPLY THE REGULATTON. ♦ MODIFY THE REGULATTON SO THAT IT DOES NOT GIVE RISE TO A Q.AIM FOR GOMI'ENSATTON. ♦ CONDITTONALLY WAIVE OR SUSPEND THE REGULATION SUBJECT CONDITIONS. THE QTY COUNQL SHALL HAVE T'�IE AUI'HORITY TO TAKE Tf� AC7TONS LISTED IN SECITON 1.20.080,INQ.UDING 'IT� AUI'HORITY TO WAIVE OR SUSPEND ANY PROVISION OF ANY QTY GODE, ORDINANC�, OR RESOLU'ITON, NOTWIT�ISTANDING ANY INCONSISTENT PROVISION IN Tf-� TIGARD MUNIQPAL CODE OR 'THE COMMLJI�IITY DEVELOPMENT CODE. FURTHER INFORMA'I"ION MAY BE OBTAINED FROM Tf-� PLAN1vING DIVISION (STAFF CONTACT: GAAY PAGENSTECHER) AT 13125 SW HALL BLVD., TIGARD, OREGON 97223, BY CALLING 503-639-4171, OR BY EMAIL TO ga tigard-or.gov. A COPY OF THE APPLICATTON AND ALL DOC[JMEN'fS AND EVIDENC� SUBMITTED BY OR ON BEHALF OF TF-�E APPLICAN'f f1ND THE APPLICABLE QZITERIA ARE AVAILABLE FOR INSPECITON AT NO COST. A COPY OF THE STAFF REPORT WILL BE MADE AVAILABLE FOR INSPECITON AT NO OOST AT LEAST SEVEN(7) DAYS PRIOR TO TF-�E HEARING,AND OOPIES FOR ALL ITEMS CAN ALSO BE PROVIDED AT A REASONABLE COST. � �. �'o �% �. �..,.� ,, ,,,,,, , , ,,,, � VI(�INITI� MAP � m HILL VIEW ti� ------------ ��IEW C ll:�"��l(�1r0(Hli:if, --- w > ______________ < z R�=>FERT E Rr�EDI- � �IE�S�_�F�E �" �=L_�I�I � �...-- � Q � i_IB]ECT �� ITE �° � �AN N LROSE ST ~ J v a ` ,�. '.� _ � V • 1 + � � 2 � ', . � m s . f � �- .� �. ~ f` ��. � � � TE VIEW TERR ry o wo bo �o �.� � <e ..'� T ; � CANTER6URYLN on Nb m�/e 4r y�n��/b Wan mII�n0 MeuMO wn�IVG�MC��WrWpm�nS�rww�0ivan 1]13!SW IYI1�1W TqarJ,OR O)fi) w PEM6ROOK ST ��.�•��«�+•.<�<,�• CommuniN Development Plot dete Feb 2,2007:C:�maqic+MAGIC03.APR � � EX�I I B IT�. Robert E. Ruedy M372006-00006 14185 SW 100th Avenue ROBERT E. RUEDY Tigard,OR 97224 zsi�isa-o�soo 2sii�ea,-a�soo BAURER RAMONA R CLINTON JACK W 14165 SW 103RD MARY A PORTLAND, OR 97224 9865 SW VIEW COURT TIGARD,OR 97223 2S1116B-00800 25111BB-00600 BIRNEY JEFFREY D&NORIKO COLLING JOYCE C 14265 SW 100TH AVE 959 SW 7TH ST TIGARD,OR 97224 DUNDEE,OR 97115 251116C-00200 2S11166-02000 BOGERT MARK H AND CROSS KENNITH D&JILL A MARY E 14175 SW 103RD AVE 14445 SW 100TH TIGARD,OR 97223 TIGARD,OR 97223 2S111BA-02200 2S1118A-D3200 BOONE JOHN D&DONNA M REVOC TR DAVIS LINDA A&SHAWN M BY BOONE JOHN D 8 DONNA M TRS 14125 SW 98TH CT 9925 SW VIEW TER TIGARD,OR 97224 TIGARD,OR 97224 2S1116C-01400 2S102CD-03005 BUEHLER GREGORY J&SARA L DELACRUZ ELDON 10145 SW VIEW TER 9965 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S711 BB-02100 2S1116,4-00803 BULLOCK MICHAEL T 8�CAROL H ENGEL JOHN B 10342 SW MCDONALD ST 9960 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S111B8-o2700 2S111B8-o1200 CALLAHAM C DAVID FABER ROBERT C&MARGARET A 10804 NE HWY 99 14230 SW 103RD VANCOUVER,WA 98686 TIGARD,OR 97224 2S102CD-03900 2S111 BB-01301 CAULLAY VIRGINIA R FISCHER CAMILLE L& 13990 5W 100TH FISCHER APRIL TRS TIGARD, OR 97223 14120 SW DRIFTWOOD CT TIGARD,OR 97224 2S111BA-00802 251116A-0290D CHRISTENSEN JUDITH F GERMANO CHRISTOPHER& 14170 SW 100TH AVE GERMANO MONICA TIGARD,OR 97224 9825 SW JANZEN CT TIGARD,OR 97224 2S1118A-00805 2S111BB-01502 CLARKE JOHN W&BONNIE J GORGER RICHARD A/MOLLY J 14130 SW 100TH AVE PO BOX 230725 TIGARD,OR 97224 TIGARD,OR 97281 2S111B6-01800 2S111BA-00806 HEISE MONICA JO-ANN LOWE BROOKE 10390 SW AMANDA CT 14080 SW 100TH AVE TIGARD,OR 97224 TIGARD,OR 97224 25111 BB-01700 2511'I BC-03200 JOHNSON TAYLOR C 8 TRICIA M LUKE-DORF INC 14155 SW 103RD AVE 10313 SW 69TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S111BA-02300 2S1116A-02400 JONES VERNON G LYNN WILMA L COLLEEN D 14350 SW 100TH ST 14320 SW 100TH AVE TIGARD,OR 97224 TIGARD,OR 97224 251116A-00900 2S111BA-03100 KARR EVELYN E REV LIV TRUST MARACLE ROBERT R AND BY EVELYN E KARR TR BARBARA A 14280 SW 100TH AVE 9810 SW JANZEN CT TIGARD,OR 97224 TIGARD,OR 97224 2S111BB-01100 2S11168-0020D KASTEL CHARLES G&MARY J TRS MEHDIZADEHKASKI ZAHRA 8 14259 SW 100TH SHARIFI HADI TIGARD,OR 97224 10100 SW MCDONALD ST TIGARD,OR 97224 2S11188-00900 2S102CC-03700 KA EL CH S G 8 MARY J TRS MERRICK BRET&CAROLINE J 14259 100TH 13990 SW 102ND AVE T RD,OR 24 TIGARD,OR 97223 251116B-oo7o0 2S717BA-009o4 KNOETIG MICHAEL MILLER PHILLIP R 14305 SW 100TH AVE 9940 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S1116A-02800 2S111BC-01500 LARSON DOUGLAS A AND MUDROW MICHAEL T&DIANE C AILEEN A 10185 SW VIEW TERR 9815 SW JANZEN CT TIGARD,OR 97224 TIGARD,OR 97224 2S111BC-00100 2S102CC-03600 LEE SAMUEL 8�KYUNG PECK ALAN W& 14345 SW 100TH AVE RATHBUN ELIZABETH A TIGARD,OR 97224 13995 SW 102ND AVE TIGARD,OR 97223 2S111BB-07501 2S111BC-00300 LEMLEY DANIEL M PERKINS SHERYL&VERN L 14135 SW 103RD AVE 14415 SW 100TH AVE PORTLAND, OR 97224 TIGARD,OR 97224 2S111B6-�0300 2S7116A-00701 PETERSEN DAVE E 8 DENA G SHAPIRO ANDRE C 8 DEBORAH 14085 SW 100TH AVE 9910 SW MCDONALD 5T TIGARD,OR 97224 TIGARD,OR 97224 2S111BC-01100 2S111BA-00700 PHILLIPS AMY& SHAPIRO DEBORAH L&ANDRE C LINN JEREMY J 9910 SW MCDONALD ST 10220 SW VIEW TER TIGARD,OR 97224 TIGARO,OR 97224 2S11186-01300 2S102CC-03900 PROPST MELVIN R ELAINE SHIN YOUNG 14180 SW 103RD AVE 10045 SW MCDONALD ST TIGARD,OR 97223 TIGARD,OR 97224 2S1116C-01600 2S111BA-03400 PROUTY JASON 5 8 AMY E SLOAT DALE L 8 BONNIE L 10225 SW VIEW TER 14165 SW 98TH CT TIGARD, OR 97224 TIGARD,OR 97224 2S111BB-oloo0 2S111BA-0oso1 REEDER MARY R SMITH SHELLEY ANN 14300 SW 103RD AVE 14270 SW 100TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2S1118B-00400 2S 1BA-008 RIVER PRESERVATION LLC SMIT LLEY ANN PO BOX 513 142 SW TH AVE WILSONVILLE,OR 97070 GARD,OR 9 24 2S1118B-00500 2S1118C-01700 RUEDY ROBERT E STACK RICHARD W JUDITH C 14185 5W 100TH AVE 10265 SW VIEW TERR TIGARD,OR 97224 TIGARD,OR 97224 2S1116A-00801 2S1716A-D3500 SAFADI LYNN G TILP PHILIP A 8 14220 SW 100TH AVE MAXWELL-TILP JANET M TIGARD,OR 97224 29459 5W LADD HILL RD SHERWOOD,OR 97140 2S102CC-038Q0 2S111BC-03100 SANTOS RIGOBERTO& TIMMINS KELLY A&KATHLEEN M ALICIA DEL CAMEN 14335 SW 103RD AVE 10105 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S1116C-012�0 2S111BA-00800 SEARS ALLEN C TOMINAC ALBERT D M A c/o WILLIAMS GRANT&LANA 9980 SW MCDONALD 10190 SW VIEW TER TIGARD,OR 97224 TIGARD,OR 97224 25117BB-00100 TOWER LOREN B TRUSTEE 10040 5W MCDONALD TIGARD,OR 97223 2S111BC-01300 UM EUNKYU C 8 KWANG Y 10150 SW VIEW TER TIGARD,OR 97224 2S 111 B B-0 7 503 VITIRITTI FRANK 21 PRESIDENTIAL WAY HOPEWELL JUNCTION, NY 12533 2S��aa-o�soo WASHINGTON COUNTY FACILITES MGMT 169 N FIRST AVE MS42 HILLSBORO,OR 97124 2S7116A-03000 WEATHERS VICKI 9820 SW JANZEN CT TIGARD,OR 97224 251116A-03300 YUTZIE JAMES D& YVETTE REYES 14145 SW 98TH CT TIGARD,OR 97224 Josh Thomas Susan Beilke 10395 SW Bonanza 11755 SW 114th Place Tigard, OR 97224 Tigard, OR 97223 Gretchen Buehner 13249 SW 136"� Place Tigard, OR 97224 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOl1TH INTERESTED PARTIES (oo. I of Il fi:\cur�ln\setuollabelslClT South.docl UPDATED: 12-Dec-06 HILL VIEW ST� � /\�� ' \\\ . - . ' ' - / i___. / �' li GFOGRAPHi�:: iNFpFMAliO�! iv51FM \ � \ _- � I 'I I __ _ o I � , AREA NOTIFIED w; ,- Z ; (500') > � p j Q' ' j — -- - I i � , 2 �_ � �.� i ' �i ; � ",""""' m"°""" '"n"'"°' � mn��f FOR: M372006-00006 ' OI i nu:ec�m� I maaoaa J �� _� � 1, �RE: Property Owner Notice _ i _ i _ cDONALQ ST - I j --� pIIpNIN7 I � �— miuunx � mnu� tnt�uMm m�u�w m�� mm�mn � -- _ w I mm�mu I mnmrn � � �� -�; � Q � q �.�,�., ,.�,r„ � 2; miw�rix:� mmn�s� ��"�� m s I �-j -- -- � Property owner information " � J �I`- ' is valid for 3 months from j mm,«u� I i in,eu�n ��• JANZEN E the date printed on this map. }ftIYq11M I � -..� mrnurn� mnuu�x � - �-- � , -- - _ ,�„�v , ,�, -- mmn„u tmrpuN \ , L - - -- mrnuwn � � mn�ynn - -._— � - -- - � � n ' amu�am m�u�w - � � � lt1IR�INQ —___._ i if1111111iM 111tl111MN I nnneme�a I �- -- �- � mro��sn — I i �- I ; - - � � -� 1 lmnuua� � _ f mnuru I m�uunu mm�ua� mmq�r� mnu�au�1 F— mixnnu mme�nn '� --- _ ,C , - i � - I -_� - �C - � �'�, • � � mmnttu �I mmemM � mmenx� � mttanw �mnwnm m��urn� � �� N I mmaww �� - - �-. � I __� �- ��EW TEI R �- — VIEW�ERR � ,�a 200 300 400 Feet � � � �- / - � � 1"=328 feet , I mmcma mmenm mmn�� m»cme mmenr« �—-- i y - � � � - --I � � I � I � � 7 Information on this map is for general location only and ` 'I I I N EZ ST I shauld be venfied with t�e Development Services Divisioa. _ i 13125 SW Hall Blvd I Ti ard,OR 97223 II — � � � � — ..—I—_ � � � � (503)639-4171 . I I I I � Mtp�./1wwa.ci.tigard.or.us Community Development Plot date:Jan 30,2007;C:\magiclMAGIC03.APR 2S11188-01600 2S111BA-01900 BAURER RAMONA R CLINTON JACK W 14165 SW 103RD MARY A PORTLAND,OR 97224 9865 SW VIEW COURT TIGARD,OR 97223 25�»BB-ooaoo 2sii�se-oosoo BIRNEY JEFFREY D 8 NORIKO COLLING JOYCE C 14265 SW 100TH AVE 959 SW 7TH ST TIGARD,OR 97224 DUNDEE,OR 97115 2S111BC-00200 2511166-02000 BOGERT MARK H AND CROSS KENNITH D&JILL A MARY E 14175 5W 103RD AVE 14445 SW 100TH TIGARD,OR 97223 TIGARD,OR 97223 251116A-02200 25111BA-03200 BOONE JOHN D&DONNA M REVOC TR DAVIS LINDA A&SHAWN M BY BOONE JOHN D&DONNA M TRS 14125 SW 98TH CT 9925 SW VIEW TER TIGARD,OR 97224 TIGARD,OR 97224 25111 BC-01400 2S102CD-03005 BUEHLER GREGORY J&SARA L DELACRUZ ELDON 10145 SW VIEW TER 9965 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S1116B-02100 2S111BA-00803 BULLOCK MICHAEL T&CAROL H ENGEL JOHN B 10342 SW MCDONALD ST 9960 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 251116B-o27o0 2S111B8-o1200 CALLAHAM C DAVID FABER ROBERT C&MARGARET A 10804 NE HWY 99 14230 SW 103RD VANCOUVER,WA 98686 TIGARD,OR 97224 2S102CD-03900 2S111 BB-01301 CAULLAY VIRGINIA R FISCHER CAMILLE L& 13990 SW 100TH FISCHER APRIL TRS TIGARD, OR 97223 14120 SW DRIFTWOOD CT TIGARD,OR 97224 2S111BA-00802 2S111BA-02900 CHRISTENSEN JUDITH F GERMANO CHRISTOPHER& 14170 SW 100TH AVE GERMANO MONICA TIGARD,OR 97224 9825 SW JANZEN CT TIGARD,OR 97224 2S111BA-00805 2S111BB-01502 CLARKE JOHN W&BONNIE J GORGER RICHARD A/MOLLY J 14130 SW 100TH AVE PO BOX 230725 TIGARD, OR 97224 TIGARD,OR 97281 2S11188-01800 2S111BA-00806 HEISE MONICA JO-ANN LOWE BROOKE 10390 SW AMANDA CT 14080 SW 100TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S111B6-01700 2S1116C-03200 JOHNSON TAYLOR C&TRICIA M LUKE-DORF INC 14155 SW 103RD AVE 10313 SW 69TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S1118A-02300 251116A-02400 JONES VERNON G LYNN WILMA L COLLEEN D 14350 SW 100TH ST 14320 SW 100TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-00900 2S1116A-03100 KARR EVELYN E REV LIV TRUST MARACLE ROBERT R AND BY EVELYN E KARR TR BARBARA A 14280 SW 100TH AVE 9810 SW JAN2EN CT TIGARD, OR 97224 TIGARD,OR 97224 2siiise-o�ioo zs>>isa-oozoo KASTEL CHARLES G&MARY J TRS MEHDIZADEHKASKI ZAHRA& 14259 SW 100TH SHARIFI HADI TIGARD,OR 97224 10100 SW MCDONALD ST TIGARD,OR 97224 2511168-00900 2S102CC-03700 KASTEL CHARLES G&MARY J TRS MERRICK BRET&CAROLINE J 14259 SW 100TH 13990 SW 102ND AVE TIGARD, OR 97224 TIGARD,OR 97223 2S11168-00700 2S111BA-00804 KNOETIG MICHAEL MILLER PHILLIP R 14305 SW 100TH AVE 9940 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-02800 251176C-01500 LARSON DOUGLAS A AND MUDROW MICHAEL T&DIANE C AILEEN A 10185 SW VIEW TERR 9815 SW JANZEN CT TIGARD,OR 97224 TIGARD, OR 97224 2S111BC-00100 2S102CC-03600 LEE SAMUEL 8 KYUNG PECK ALAN W& 14345 SW 100TH AVE RATHBUN ELIZABETH A TIGARD, OR 97224 13995 SW 102ND AVE TIGARD,OR 97223 2S11188-01501 2S111BC-00300 LEMLEY DANIEL M PERKINS SHERYL&VERN L 14135 SW 103RD AVE 14415 SW 100TH AVE PORTLAND,OR 97224 TIGARD,OR 97224 —� 2S11166-00300 2S111BA-00701 PETERSEN DAVE E 8 DENA G SHAPIRO ANDRE C 8 DEBORAH 14085 SW 100TH AVE 9910 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S111BC-01100 2S111BA-00700 PHILLIPS AMY& SHAPIRO DEBORAH L 8 ANDRE C LINN JEREMY J 9910 SW MCDONALD ST 10220 SW VIEW TER TIGARD,OR 97224 TIGARD,OR 97224 2S111BB-01300 2S102CC-03900 PROPST MELVIN R ELAINE SHIN YOUNG 14180 SW 103RD AVE 10045 SW MCDONALD ST TIGARD,OR 97223 TIGARD,OR 97224 2si�isc-oisoo 2si��aA-osaoo PROUTY JASON S&AMY E SLOAT DALE L&BONNIE L 10225 SW VIEW TER 14165 SW 98TH CT TIGARD, OR 97224 TIGARD,OR 97224 2S111B6-01000 2S111BA-00901 REEDER MARY R SMITH SHELLEY ANN 14300 SW 103RD AVE 14270 SW 100TH AVE TIGARD, OR 97223 TIGARD,OR 97224 2S1118B-00400 2S111BA-00807 RIVER PRESERVATION LLC SMITH SHELLEY ANN PO BOX 513 14270 SW 100TH AVE WILSONVILLE,OR 97070 TIGARD,OR 97224 2siiiBS-oasoo 2s��iac-o��oo RUEDY ROBERT E STACK RICHARD W JUDITH C 14185 SW 100TH AVE 10265 SW VIEW TERR TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-00801 2S111BA-03500 SAFADI LYNN G TILP PHILIP A& 14220 SW 100TH AVE MAXWELL-TILP JANET M TIGARD,OR 97224 29459 SW LADD HILL RD SHERWOOD,OR 97140 2S102CC-03800 2S111BC-03100 SANTOS RIGOBERTO 8� TIMMINS KELLY A 8 KATHLEEN M ALICIA DEL CAMEN 14335 SW 103RD AVE 10105 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S111BC-01200 2S111BA-00800 SEARS ALLEN C TOMINAC ALBERT D M A c/o WILLIAMS GRANT&LANA 9980 SW MCDONALD 10190 SW VIEW TER TIGARD,OR 97224 TIGARD, OR 97224 � �siiiaa-oo�oo TOWER LOREN B TRUSTEE 10040 SW MCDONALD TIGARD,OR 97223 2S1118C-01300 UM EUNKYU C 8 KWANG Y 10150 SW VIEW TER TIGARD,OR 97224 2S11166-01503 VITIRITTI FRANK 21 PRESIDENTIAL WAY HOPEWELL JUNCTION, NY 12533 2S11166-01500 WASHINGTON COUNTY FACILITES MGMT 169 N FIRST AVE MS42 HILLSBORO,OR 97124 2S1116A-03000 WEATHERS VICKI 9820 SW JANZEN CT TIGARD,OR 97224 2S1116A-03300 YUTZIE JAMES D& YVETTE REYES 14145 SW 98TH CT TIGARD, OR 97224 Josh Thomas Susan Beilke 10395 SW Bonanza 11755 SW 114th Place Tigard, OR 97224 Tigard, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH INTERESTED PARTIES loo. I at Il (i:lcurelnlsetuollabelslClT South.docl UPDATED: 12-Dec-06 �� AFFIDAVIT OF MAILING - �ii�� I,Patricia L. Lunsford,being first dulysworn/affirm, on oath depose and saythat I am an Administrative Assistant for the City of Tigard, Washington County,Oregon and that I served the following: ((]tiz�k Appnyriaie&�xh)Ik�b.cl ❑x NOTTCE OF FINAL ORDER FOR M372006-00006/ROBERT E. RLJEDY PROPERT'Y COMI'ENSATTON Q.AIM (File No./Name Reference) � t1MENDEDNOTIC� HE ARING BODY: HE ARING DATE: ❑ City of T'igard Plaiuung Director ❑ T'igard Heanngs 4fficer ❑ T'igard Plaruung Commission � Tigard CityCouncil (4/24/2007) 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 Exhibit"S", and byreference made a part hereof,on Ma� 2�and deposited in the United States Mail on May 1,2007,postage prepaid. , � ` t (I'erso tha are tice) STATE OF OREGON Coun�j,of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 9'� dayof ,2007. o��sFx DEMIE R AD�AIMKI � NOTARY PU9LIC-OREGON . � COMMISSION NO.�03358 MY COMMISSION EXPIRES MARCH 21,2010 NOTARY PUBLIC O ORE MyCorrunission Expires: a� �� ~ EXHIBIT� QTY OF TTGARD,OREGON TTGARD C[TY COUNQL ORDINANCE NO.07-� AN ORDINANCE ADOPTTNG FINDINGS TO GRANI'A BALLOT MEASURE 37 WAIVER OF TI-�, TTGARD DEVELOPMENT CODE AND QONII'REHENSIVE PLAN POLIQES THAT ARE MORE RESTRICITVE THAN THOSE IN PLAC� ON DEC�MBER 7, 1992 WI�N TI-� 1.14 AC�ES LOC.ATED SOLJTH OF MmONALD STREET AND EAST OF SW 100�AVENUE (WG'1fiil 2S111BB, TAX LOT 00500) WAS PURC�It�SED BY ROBERT E. RLTEDY, AND TO ALLOW DEVELOPMENT UNDER THE TTGARD DEVELOPMENT QODE IN PLACE AT THAT TTME, SUBJECT TO APPLYING FOR AND REC�IVING SITE DEVELOPMENT REVIEW APPROVAL(M372006-00006). W�REAS,the voters of the State of Oregon passed Ballot Measure 37 in 2004;and WHEREAS, Ballot Measure 37 provides the responsible govern;� body to either pay compensation for reduced property value or waive the regulations where property is owned prior to the adoption of land use � regulations;and WHEREAS,a claim was made by Robert E.Ruedy in the amount of$600,000.00 as the reduction in the value of the propeny under the current Tigard Development code;and WI�REAS Robert E. Ruedy has owned the property since December 7, 1992 preceding the current T"igard Development Code and other applicable standards; NOW,'THEREFORE,THE QTY OF TIGARD ORDAINS AS FOLLOWS: SECITON 1: The attached staff report and vicinity map (Exhibit A) and applicant's matexials (Exhibit B) are herebyadopted as findings. SECITON 2: A waiver from the T'igard Development Code Standards is hereby granted to Robert E. Ruedy to apply for Site Development Review under the code and zoning that was in place on December 7, 1992. �nce Robert E. Ruedy ceases to be the owner, however, any expansion or major modification bey�nd development applied for duruig tkvs ownership shall be subject to the land use regulations in effect at the time of application. SECITON 3: T�ris vvaiver applies to the property south of McDonald Street and east of SW 1�th Avenue in T'igard addressed as 14185 SW 100�' Avenue, and legally described as WCITVI 2S111BB,Tax Lot 00500. SECITON 4: Tlus ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the Caty Recorder. PASSED: By ��a-n�m0�1-5 vote of all Council members present after being read bynumber and title only,this�-day of�L_ ,2007. ORDINANCE No. 07- p� Page 1 � `. Catherine Wheadey,CatyRecorder -J/� APPROVED: By Tigard C�ty Council this�day of ,2007. J , F � Craig en,Mayor Approved as to fornz: v �. Caty Attorney -�/,� .�/, p-� Date ORDINANCE No. 07- (�"I Page 2 E XHIBITS A & B TO ORDINANCE NO. 07-09 CAN BE OBTAINED AT THE PERMIT CENTER AT 13125 SW HALL BLVD. TIGARD, OREGON 97223 OR BY CAI.LING 503.718.2438. PLEASE INDICATE THAT YOU ARE PARTY TO THE RE CORD. EXHIBIT � Roben E. Ruedy M372006-00006 14185 SW 100th Avenue ROBERT E. RUEDY Tigard, OR 97224 Gene Davis 10875 SW 89`h Tigard, OR 97223 Sue Beilke 11755 SW 114`''Place Tigard, OR 97223 Brian Wegener Watershed Watch Coordinator Tualatin Riverkeepers 12360 SW Main Street, Suite 100 Tigard, OR 97223 i � s � � � LAND USE PROPOSAL DE SCRIPTION 180-DAY CLAIM PROCESSING PERIOD: 5/30/2007 FILE NO.: MEASURE 37 CLAIM (M37) 2006-00006 FILE TITLE: ROBERT E. RUEDY PROPERTY COMPENSATION CLAIM CI.AIMANT/ Robert E.Ruedy CLAIMANT'S Same OWNER: 14185 SW 100th Avenue REP.: T"igard, OR 97224 CLAIM: The amount claimed as compensation is $600,000.00 for the loss of six lots at$100,000 each. AFFE CTE D REGULATION: The C�aimant seeks a waiver of unspecified "City of Tigard comprehensive plan change, and other changes that may have impacted the comprehensive use of the property within its cuYrent zoning at the time ot original purchase in 1992 until the present." The applicant's supporting materiaLs refer generally to Chapter 18.510, Residential Zoning Districts. No specific code provisions are cited. Furthermore, the claimant provides no specific development plan, but instead offers a list of development options. Because the compensation claimed is for loss of su�single-family lots, staff has limited its review to that development scenario. LOCATION: 14185 SW 100th Avenue;Washington CountyTax Assessor's Map No. 2S111BB,Tax Lot 00500. ZONING DESIGNATION: R 12: Medium-DensityResidential District. The R 12 zoning district is designed to accommodate a full range of housing types at a m�n;rr,um lot size of 3,050 square feet. A wide range of civic and institutional uses are also pernutted conditionally. APPLICABLE RE VIE W CRITERIA: Tigard Municipal Code Chapter 1.20. .��. �. DECISION MAKING BODY: ❑ TYPE I ❑ TYPE II ❑ TYI'E III ❑ TYPE IV y. � HEARINGS OFFIC�R (MON.) DATE OF HEARING: TTME: 7:00 PM � PLANNING COMIvIISSION (M�N.) DATE OF HEARING: TTME: 7:00 PM C Q'TY COUNQL (TUES.) DATE OF HEARING: PENDING TTME: 7:30 PM ❑ STAFF DEQSION (TENTATTVE) DATE OF DEQSION: STAFF CONTACT: C�ary Pagenstecher,Associate Planner(503) 639-4171,x 2434 , ' rt , ,, PROCEDURE FOR BALLOT MEASLTRE 37 - COMPE NSATI ON CLAIM - City gf Ti�Perrrit C',errter 13125 SWHaII Blzcl, �� OR 97223 Phon� 503.639.4171 Fax:503.598,1960 The claim must be in writing and include the information listed below. The claim shall not be considered filed until all of the re uirements of the rocedure are met. �, : =- - � FOR STAFF USE ONLY Case No.: M✓�7oZ.v�6-o�o�,6 Application Accepted By. K Date: ��-,fo 6 L a��F z.,� S68y Date Determined Complete: , Deposit: 1000 (Deposu to be rofunded if claim ss determined to be valid. If claim u denied and ultimatelydeurn�ined invalid,the claimant shall reimburse the Gryfor the cosa she Gty incius;n pmcessing the claim If reimbuisement exceeds the deposit,the claimant shall pay any additional amount within 30 days of a demand by the Gry for full a nc If wsu are]ess than the de osit,the difference will be refunded to che claiaianG IDENTIFICATION OF AFFE ED PROPERTY Propeny Street Address/Location(s): ��( �u S �� U� (,�� 1 l C�1°'L�� , �I� ` �%L L�- Tax Map&Tax Lot i/(s): �S�--�-� �3�3 —Gb,�:� Subdivision Lot#(s): �ct' � � —`� � CLAIMANT INFORMATION Property Owners/Claimants/Deed Holders'�: ~ �+��E1(Z.� �U � � Address• I�� `d`� �(�1 ( (�U� ��-v�,!tl� Phone• �JU.�% �LC� —�y�� C"ity/State:._-� �C-c �F�t�--� � C�Y-Z Zip:- � � z-2�'—�5 / (Attach list if more than one) Date C�aimant Acquired Properry: ��c�l'�� F'c(Z '(,��$�`Z- � � Date Family Member of C7aunant Acquired Property(if applicable): /�1 � Names and Relationships of Family Members that are Previous Owners (if applicable): �� (Attach list if additional space is needed) Lien/SecuriryInterest Holders of the affected property: �V-C LL� �—f3i�Ca,U ��.� ��oy��,�GC Address: Phone: "Gry/State: zlp: (Attach list if more than one) ''' When the owner and the applicant are different people, all owners of the affected property must sign this application in the space provided on the back of this form. If the affected property is owned by rwo or more pexsons and not all owners seek compensation,all owners who do not seek compensation shall sign a w�uver of the right to compensation. � -. REGULATION RESTRICTINGUSE Identifythe regulation that is alleged to restrict use of affected property. Provide a statement describing howthe restriction affecu the value of the property. (Attach additional materials as necessary) C� l`� C��- 'T 1� �� --��V��.zE��1s�V`� '3��—l�r�l �--��F�1-N�n�� ,�-r�l tJ U 7�-4'�-7L_.C;6-F�rv C,t�" ��-�n�T nn.f�t �� M V�(d�� TL{v CnN�P S �l/� t�5� D"F SH I L\ �'R�'n.,� ��i�Lfis vr�rl.�.,,� ��r�,,rT��.-�-n.��" o�� SXZ r r��c. ��r✓�cct.4�A�s� in� . �1 `� �1 ��'_ �;ti.�� t� -T"�-l�. �l��i.1 t.' ¢,AIM PREFERENCE Provid�a s te p�t of whether claunant prefers compensation or a waiver,suspension,ar modification of the regulation. ��CJ� Ci3�f�t�SAT�� i�-tr.�-k-��= t � � ..�. � , �,.--, ,� � �" r��-�a.-=n-n !� G-� ( _ ri� Q'� �i6� �e � LJIJ�2S �da�� a�G� ��:i'�+��ISF�-Ttan/�o�z �lh'��fi.��"� �� l-�A�EQvc,�1-r7aN, . Include a statement describing the e�ent to which the regulation would need to be waived,suspended, or modified to avoid the need for compensation. A description of the}�ro�osed use must be provided. (Attach additional materials as necessary) , � ��-C��S ��l�C'��(� ��-'`j �r� "I��u`(�-�1 T(-F'E I,C�T(S� 6�►'d'c,l,c-`�t�i "C"(-l�l ��G��1 �- tA�� 1�s�r� �v�(Lt;�.J-�s E� (� ��9 Z- • AMOUNT OF COMPENSATION The amount claimed as compensation: l�b� 5 �F� G Lo-C� �"T `��u0 �� .�v ��c 6d Provide documentation suppoxting the amount Said documentation shall include a market analysis, appraisal, or other documentation at least equivalent to a market analysis. Claimants'Auti�orized Repiesentative(s)if applicable. ��N�� SIGNATURES of each owner of ti�e subject propexty. -- � DATED this - day of i��'`--=��`"r�` ,20��.- ' �b GJ k.�,� �z. ` _ �. Owne�'s Signature Owne�'s Signature Owne�'s Signature Owne�'s Signature xN:�isio� c\cucpin\mastecs\land use applicatioas\baIlot mc�ure 37 claim foim.doc Robert E Ruedy I.$�i �� O� T�NSMTI"I'�L 14185 SW 100th Avenue Tigard, OR 97224-4951 Date: 12/5/06 Job No. Ruedy Property (503) 620-5997 ATTN: K. J. Peerman RE: Measure 37 Claim FEtin� 70: Permit Center� Planning Department � �. ` ��:'�1�,�� City of Tigard, Oregon 13125 SW Hall Blvd. Subject: Supplemental Information Tigard, Oregon 97223 � ;,, , t�`t�ARD ,,,,, Transmitted are the following: � Attached ❑ Under Separate Cover via the following items: ❑ Pernut Drawings ❑ General Specifications/Scope of Work ❑ Shop Drawings ❑ Submittals ❑ Samples ❑ Change Order ❑ AutoCAD file(s) ❑ As-Built Drawings ❑O&M Manual(s) ❑ Copy of letter � Ofher: Supplemental Information as listed below. Item Copies: Dated: Doc. Page Rev. Description: No. No.: No.: No. 1 1 set 12/4/06 M37.10 Pgs 1-14 of 14 1 State of Oregon Measure 37(M37)Claim Form with reference to E�►ibits A thru W. 2 P . of 3 P . of 4 P . of 5 P . of ❑For Approval ❑ Approved as Submitted ❑Resubmit sets of copies for Approval �For Review and Comment ❑ Approved as Noted ❑ Submit sets of copies for Distribution ❑For Your Use ❑Returned for Corrections ❑Returned sets of Corrected Prints ❑ As Requested ❑For Bids Due�/ /_@ AM/PM ❑Price Prior to Proceeding ❑Other: Routed By: ❑Fax Immediately ❑ Courier/TaYi ❑Fed Ex—Priority Overnight ❑UPS—Overnight ❑U.S. Mail—Overnight delivery ❑Fed Ex—Standard Overnight ❑ UPS—2"�Day Air ❑U.S. Mail—Standard delivery �Hand Deliver ❑ E-MaiUModem ❑ U.S. Mail-Standard ❑Other Comments: Please attach these documents to the City of Ttgard,Measure 37 C[aim Form submitted December 1, 200f, crn•uiting cily staff review. Copy to: File ��. _ �- � ,i� `�.4 Signed: ' DEC 0 5 2006 CITV(�F Te{;,qR� nih� . ,. _ . . , L�TfER OF TRANSMITTAL • 12�S/2006 ' Page 1 of 1 a�,n�2oa.x�,,.l � r � � t, i . � . �: � � `��rit�� -- , : • : . '•.;, ,:' Risk Management - State Services Division '�• •�'� 1225 Ferry St. SE, Suite U160, Salem, Oregon 97301-4292 i.",1t:�a �; ��: http:l/www.oreqon.QOV/DAS/Risk/M37.shtml INSTRUCTIONS FOR SUBMITTING A CLAIM This form identifies the information that is required for the State of Oregon to act on a claim made under ORS 197.352 (2004 Oregon Ballot Measure 37). Please complete each box of the claim form, and attach any additional information or evidence that you want to support the claim. Attached documents may not be I used to complete sections 1 or 2, or any section that requires a signature. •Claims may only be submitted by an Owner or an Authorized Agent of the Owner. ■Claims may only be submitted: in person, by private carrier, by U.S. Postal Service Certified, or by Registered Mail to: Risk Management-State Services Division, 1225 Ferry St. SE, U160, Salem OR 97301 - 4292 ■Only Original Signed Claims will be accepted, claims submitted electronically or by facsimile, will not be accepted. ■If you need more space, attach separafe sheets of paperas needed, with reference to the appropriate Section number on fhis form. •Claim criteria/requirements may be found in Oregon Administrative Rules 125-145-0010 to 0120 @Ct1011 � NAME AND CONTACT INFORMATION OF ALL CLAIMANTS/PROPERTY OWNERS Enter the name and contact information of each person that this Gaim is submitted for. Please note, the claimant(s) must own an interest in the property. If the present owner of the property is a business entity(such as a corporation),the Gaim should be made by an appropriate authorized person on behalf of that entity. It the property has been placed in a trust,the Gaim should be made by a trustee of the trust. Name of Claimant #1: Robert E. Ruedy Day Time Phone #: (503) 819-7898 or(503) 620-5997 Address: 14185 SW 100�h Avenue City: Tigard State: OR I Zip: 97224-4951 To file a claim for a particular property, you must own an interest in that property. Please describe what you�ownership interest in the property is (e.g.,fee title, contract purchaser, lessee, life estate holder, etc.). Sole Owner via home mortgage of the property described herein. ATTACH ADDITIONAL SHEETS FQR ADDITIONAL CLAIMANTS IF NEEDED Form: M37.10-9-06 Page 1 of 14 / ection 2 NAME AND COn .T INFORMATION OF PERSON SUBMII 3 CLAIM(AGENT, IF ANY� If you have an attomey, relative, or some other person who is filing this claim for you, enter the name and contact information of that person. Name of Agent: Robert E. Ruedy Day Time Phone#: (503} 819-7898 Address: 14185 SW 100t" Avenue City: Tigard State: OR Zip: 97224-4951 You must attach a written notarized statement signed by the claimant(s), or a Power of Attomey, properly authorizing this person to submit this claim on the claimanYs behalf. Attachment: Yes❑ No 0 Since I am the Claimant. ection 3 THE PROPERTY THE CLAIM IS FOR Identify the property(ies}the claim is for. You should attach a county tax lot map, with each tax lot the Gaim is for marked cleariy on the map. To assist in the review of your claim, you also are encouraged to obtain and include a copy of the county tax assessors"plat° or"deed"card for each tax lot your Gaim is for. Attachment if Applicable ❑ Street Address or nearest intersection: 14185 SW 100 Avenue City (only if within a city): Tigard County: Washington State: OR Zip: 97224-4951 Tax Lot #(s): 00500� "TIGARDVILLE County Tax Assessor's Map Reference#(s}: HEIGHTS", Parcels 13 8� 14 2S111 BB-00500 (Tax Lot 500) Map 23-74 Township: 2S Parcel #R0501905 Range: 1 W Section: 11 BB On what date did the claimant(s) acquire an interest in each tax lot this claim is for? December 7, 1992 Current Zoning (of each tax lot): R-12, Property Size (acreage of each tax lot): 12 units/acre, 1.14 Acre Minimum lot size: 3050 square feet. What was the zoning of each tax lot when the If the claimant(s) acquired the property from claimant(s) acquired the property? R-12, a "family membeP' (as defined in ORS 12 units/acre, 197.352), what was the zoning of each tax lot Minimum lot size: 3050 square feet. when the family member of the claimant acquired the tax lot? Property was not acquired from a family member, and was purchased at above market price for its future development potential noted herein. Other Information. If your property is located within a subdivision or partition, please provide a copy of any recorded conditions relating to that subdivision or partition). Attachment: Yes � No ❑ The "TIGARDVILLE HEIGHTS" Subdivision of November 1�,1906. Form: M37.10-9-06 Page 2 of 14 ection 4 EVIDENCE OF G �RSHIP Include evidence or information documenting that the claimant(s) owns an interest in each lot or parcel the claim is for, when the Gaimant(s) acquired that interest, and that the claimant(s) have continued to own an interest since that date. The information required by this section may be provided in the form of a preliminary title report, if you also include a copy of the deed or other document conveying an interest in the lot or parcel to the claimant(s), along with copies of the exceptions listed in the title report, and a statement that the claimant has owned the property continuously. The following is attached List any attached documents: as proof that the claimant Exhibit A: Deed of Trust (showing date of purchase) and owns an interest in each original purchaser(s). Washington Co. #92088048. lot or parcel: Recorded 12/10/1992. (provide for each claimant, and each lot or parcel, and list all Exhibit B: Deed of Reconveyance on September 1, 1998 (showing attachments) satisfaction of original "Home Savings Bank" primary At a minimum, you must mortgage loan #1504113. Washington Co. #98125411. include a copy of the Recorded 11/06/1998. document conveying an Exhibit C: Deed of Trust on January 8, 2002 (showing refinance interest in the lot or primary mortgage with "Wells Fargo Home Mortgage" parcel to the present loan #23085681. Washington Co. #2002-004944. owner(s) of each Recorded on 01/14/2002. property. Normally, this Exhibit D: Short Form Line of Credit Deed of Trust on February will be a deed. 16, 2005 (showing satisfaction of security interest in property). Washington Co. #2005-027433. Recorded 03/15/2005 Exhibit E: Deed of Reconveyance on March 14, 2005 (showing satisfaction of secondary mortgage with "Wells Fargo Financial National Bank" loan #6546 5447 9991 70001. Washington Co. #2005-029520 Recorded on 03/21/2005. Exhibit F: Bargain and Sale Deed on June 17, 2005 conveying property to Robert E, Ruedy only as sole owner. Washington Co. #2005-069310 Recorded 06/17/2005 Exhibit G: Oregon Measure 37 Property Use Concems and Impacts listing Exhibit U: Tax Map indicating the claim property (3 each) Form: M37.10-9-06 Page 3 of 14 Is the property in a Trust? ❑Yes 0 No If yes, please provide the date of the trust. Date Property Placed in Trust: Not applicable at this time If yes, is the trust Revocable or Irrevocable? ❑ Revocable ❑ Irrevocable Not applicable at this time If yes, are you filing on behalf of the Trust, as an Individual, or both? p Tn,st ❑ Individual ❑ Both Not applicable at this time If yes, please attach a certificate of trust indicating who the current trustees of the trust are. Not applicable at this time. Is the Property owned by ❑ Yes 0 No a Corporation, by a Partnership, by a Limited Liability Company, or by a Limited Liability Partnership? If yes, please provide the name of the business Name of business entity: Not applicable. entity that owns the property and the date on which the business entity ac uired the ro e . Form: M37.10-9-06 Page 4 of 14 ection 6 State Law. ,�at Restrict Your Desir� Jse of the Property Identify the state Land Use Regulations that the Claim is based on, and describe how each restricts the desired use of the Property you described in Section 5. If you believe that state land use regulations, other than those enforced by the Department of Land Conservation and Development(DLCD or LCDC) restrict your desired use, then you must specifically identify those land use regulations and describe how they restrict your desired use. Attach additional narrative if you need more space. Law or Rule: City of Tigard (COT) Describe how this State land use regulation restricts your Land Use Chapter 18.510 updated desired use of the Property: See below references needed code dated June, 2002, and for evaluating M37 cost impacts: These reflected code and other related restrictions will reduce the remaining preceding code, other related COT developable portion of the property to a maximum density and Non-COT related restrictions, of only 6 lots and/or units,or other Iosses of use and/or andlor Local Fire, Life, Safety reduced maximum density described in section 5 above. regulation/ordinance # The loss would be the remaining 6 lots and associated 1'eSt�ICt1011s. units originally planned for when purchased in 1992. These are viewed by the Property Owner as Measure 37 Claim Impacts. Atr�nmenr;raPpi�canie: Yes 0✓ See Exhibits G thru R Law or Rule: City of Tigard Land Use Describe how this State land use regulation restricts your Chapter 18.510 within the 06/2002 desired use of the Property: See below references needed Code Update, other related COT and for evaluating M37 cost impacts: With an increase in required road widths,cul�le-sac radii, hammer-head Non-COT related restrictions, and/or �engths and hammer-head intersection radii,this Local Fire, Life, Safety ordinance will significantly reduce the available property regulation/ordinance # capable of being developed. The impact of this is severe I'eSt�ICt1o11s. as the maximum density that was in effect on 12h 0/1992 when the property was originally purchased is unachievable under current COT"R-12 Zoning Use" code, and benefits minimally by improvemerrts to the zoning density from that 1992 timeframe. Because of this the maximum density will not be achieved for the property and will be significantly less than 80°� of the developable land, thereby minimizing it by 6 lots,and also almost certainly require the deeding of parics and wider"public"streets to the City. An attempt to comply with current use codes and other restrictions and/or use requirements will therefore add additional fees, development costs, and reviews, variances and appeals, plus other ancillary aspects of cost due to the negative impacting changes since the original 1992 code. These are viewed by the Property Owner as Measure 37 Claim Impacts. attacnment�aP�r�cabie: Yes ❑✓ See Exhibits G thru R Forrn: M37.10-9-06 Page 6 of 14 Law or Rule: City of Tigard Land Use Describe how this State land use regulation restricts your Chapter 18.510 within the 06/2002 desired use of the Property: See below references needed Code Update, other related COT and for evaluating M37 cost impacts: This COT ordinance, and appurtenant COT and Non-COT regulations on use, Non-COT related restrictions, and/or reflects a significant increase the collective storm water Local Fire, Life, SBfety run-off collecting,transmission, storage, corrtrolled regulation/ordinance # release, overflow control and down-stream regulation and restrictions. associated costs and fees for property capable of being developed. The impact of this is severe as there was no storm water reterrtion that was in effect on 12/10/1992 when the property was originally purchased, and virtually no transmission or other aspects of its migration characteristics. When compared to current COT"R-12 Zoning Use" code,the improvements are significarrt as are the cost impacts. Because of this impact on the property, there appears to be a need for Measure 37 impact analysis ' and resolution. Any similar restrictions on use due to changes in the impervious surface quantities, surface water drainage, collection, etc.will also need to be considered a Measure 37 Impact. An attempt to comply with currerrt use codes,and other restrictions and/or use requirements will therefore add additional fees, development costs, and reviews,variances and appeals, plus other ancillary aspects of cost due to the negative impacting changes since the original 1992 code. These are viewed by the Property Owner as Measure 37 Claim Impacts. art�nme�t;taPpr�canie: Yes ❑� See Exhibits G thru R Law or Rule: City of Tigard Land Use Describe how this State land use regulation restricts your Chapter 18.510 within the 06/2002 desired use of the Property: See below referencer needed Code Update, other related COT and for evaluating M37 cost impacts: This COT ordinance, and appurtenant COT and Non-COT regulations on use, Non-COT related restrictions, and/or reflects an inability to install one or more irrigation water Local Fire, Life, Safety wells that were possible for the existing property and the regulation/ordinance # additional portion of the property that is capable of being restrictions. developed. The impact of this is severe as the only water available for irrigation is the potable Ciry Water system, which not only is a waste of quality potable city water for imgation needs, but also a financial hardship imposed on the negative impact relating to the allowed use that was in effect on 12NOH992 when the property was originally purchased. Because of this impact on the property,there appears to be a need for Measure 37 impact analysis and resolution. Any similar restrictions on use due to changes in the water rights for this property will also need to be considered a Measure 37 Impact. An attempt to comply with currerrt use codes, and other restrictions and/or use requirements will therefore add additional fees, development costs, and reviews,variances and appeals, plus other ancillary aspects of cost due to the negative impacting changes since the original 1992 code. These will be viewed as Measure 371mpacts. These are viewed by the Property Owner as Measure 37 Claim Impacts. artacnmenr�t,aPpii�abie: Yes �✓ See Exhibits G thru R Form: M37.10-9-06 Page 7 of 14 Law or Rule: City of Tigard �d Use Describe how this State land : regulation restricts your Chapter 18.510 withirl the 06/2002 desired use of the Property: See below r�ferences needed Code Update, other related COT and far evaluating M37 cc►st impacts: This ordinance will significantly increase the landscaping requirements, NOn-COT related restrictions, and/or �ncluding but not limited to the tree aspects,for the entire Local Fire, Life, Safety property and its future R-12 Use area capable of being regulation/ordinance # developed. The impact of this is severe as the restl'ICtiOns. landscaping requiremerrts that were in effect on 12/10/1992 when the property was originally purchase was minimal when compared to the current COT"R-12 Zoning Use" code. Because of this the landscaping percentage of area would be significantly impacted, and therefore be not only a Use impact but also a financial hardship imposed on the negative impact relating to the allowed use that was in effect on 12/10/1992 when the property was originally purchased. An attempt to comply with current use codes and other restrictions and/or use requirements will therefore add additional fees, development costs,and reviews, variances and appeals, plus other ancillary aspects of cost due to the negative impacting changes since the original 1992 code. These are viewed by the Property Owner as Measure 37 Claim Impacts. attacnment�fappi�cab�e: Yes ❑,/ See Exhibits G thru R Law or Rule: City of Tigard (COT) Describe how this State land use regulation restricts your Land Use Chapter 18.510 updated desired use of the Property: See below references ne�ded code dated June, 2002, and for ewaluating M37 crost impacts: It is unknown how the referenced code has changed since December 1992 preceding code, other related COT �garding the granting of'°Variance"and "Conditional Use and Non-COT related restrictions, Permitting" requests,therefore its Measure 37 Claim and/or Local Fire, Llfe, Safety Impact is also unknown. A change in the methodology regulation/ordinance # used and/or decision results for the entire process could 1'eStriCtlolls. provide Measure 37 Claim Impacts when compared to the methodology and decision process that was in effect on 12/10/1992 when the property was originally purchased. In the event there is an impact,the Property Owner will view it as a Measure 37 Claim Impact. This would be a multiple aspect impact that involves the earlier 1992 request and approval process when compared to the current 2006 process, but also a financial hardship imposed on the negative impact relating to the allowed use from any negative result from the process when compared with the process that was in effect on 12/10/1992 when the property was originally purchased. An attempt to comply with current"variance,"Conditional Use", and/or other submission and approval processes, code and/or other restriction(s)compliance, and/or use requirements will therefore add additional fees,development costs,and reviews, variances,waivers, conditions and appeals, plus other ancitlary aspects of cost due to the negative impacting changes since the original 1992 code. In the event there are impacts, These too the Property Owner will view it as a Measure 37 Claim Impacts. attacnmentifaPP�icavre: Yes ❑✓ See Exhibits G thru R Form: M37.10-9-06 Page 8 of 14 Law or Rule: Local Fire, Life, Safety Describe how this State land use regulation resiricts your regulation/ordinance #(Pending). desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule: Local Fire, Life, Safety Describe how this State land use regulation restricts your regulation/ordinance #(Pending). desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule: State LCDC Describe how this State land use regulation restricts your regulation/ordinance #(Pending) desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Atfachmenf if Applicab/e ❑ Law or Rule: State LCDC Describe how this State land use regulation restricts your regulation/ordinance #(Pending) desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule: State Fire Marshal Describe how this State land use regulation restricts your regulation/ordinance #(Pending) desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule: State Fire Marshal Describe how this State land use regulation restricts your regulation/ordinance #(Pending) desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any, and their sign�cance. Attachment if Applicable ❑ Law or Rule: Tualatin Valley Fire � Describe how this State land use regulation restricts your Rescue F/US regulation/ordinance desired use of the Property: #(Pending) Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule: Tualatin Valley Fire � Describe how this State land use regulation restricts your Rescue F/US regulation/ordinance desired use of the Property: #{Pending) Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Form: M37.10-9-06 Page 9 of 14 ection 7 Effect on Fair Market Value of the Property By what amount has the enactment or enforcement of each state land use regulation identified in section 6, above, reduced the fair market value of the property? Describe what the basis of your statement is, and attach evidence or provide information to support your statement. Law or Rule: City of Amount of Reduction Basis of Statement: Tigard (COT)Land in Fair Market Value: This ordinance will reduce the property to a maximum density of Use Chapter 18.510 $900,000.00 only 6 units. The loss would be the remaining 6 lots at updated code $150,000.00 per lot, equaling $900,000.00 dated June, 2002, and preceding code and other See Real Estate Comp's within "Exhibits V" related restrictions, and/or Local Fire, Life, Safety regulation/ ordinance # Law or Rule: L�ty :;: Amount of Reduction Basis of Statement: Tigard Land Use in Fair Market Value: This ordinance will reduce the property to a maximum density of Ordinance $300,000.00 50°k of available land,thereby minimizing it by 6 lots at # $150,000.00 per lot, equaling $900,000.00 and also require the and/or Local Fire, deeding of parks and streets to the City. It would therefore add an Life, Safety additional $300,000.00 of fees, development costs, and reviews regulation/ and appeals, plus other ancillary aspects of cost. Total financial o�dinance impact$1,200,000.00 # Which would require the land owner to Deed streets and park, plus fo the City of Tigard Forrn: M37.10-9-06 Page 10 of 14 @CtIO11 H NAMES AND COA .T INFORMATION OF OTHERS WITH Ih_ .EST IN THIS PROPERTY Enter the name and contact information of other persons or entities that own an interest in the Property, or attach a preliminary title report. Other ownership interests that should be listed include but are not limited to: (a) Every lessee and lessor of the Property; (b) Every person or entity holding a lien against, or a security interest in,the Property; (c) Every person or entity holding a future, contingent, or other interest of any kind in the Property. This could be other owners, persons holding an easement over your property, banks, mortgage companies, state or federal agencies or entities, programs specific to the use of the property and any and all others with any interest in the property. Some examples could be; a USDA program providing funds for an owner not to grow a particular crop on the land, banks with second, third or other mortgage interest. If using an attachment, the attachment must be submitted in such a format as to easily distinguish the various owners and interest in the property. Name: Wells Fargo Home Mortgage, Doc. Mgmt. Day Time Phone #: (503) 684-6222 Address: PO Box 5137 City: Des Moines State: IA Zip: 5030fi Describe Interest in Property: Mortgage Lender security interest Name: Wells Fargo Home Equity Day Time Phone #: (503) 684-6222 Address: PO Box 31557 City: Billings State: MT Zip: 59107 Describe Interest in Property: Mortgage Lender security interest ection 9 AUTHORITY TO ENTER PROPERTY This section of the form authorizes the Department,the Regulating Entity and their officers, employees, agents, and contractors to enter the Property as necessary to verify information, appraise the property, or conduct other business related to this claim. Each person that can restrict access to the property must sign in the appropriate box in this section. I/We Affix Our Signature(s) to this Form Granting Access to the Subject Property in ANY Manner or Form Deemed Appropriate by State Agency or Agencies for the Review of the Property in Furtherance of the Processing or Handling of this Claim: SIGNATURES OF ALL OWNERS WITH AUTHO O RESTRICT ACCE Printed Name: Robert E. Ruedy Signature: Interest in Property. Sole Owner of said property. � Form: M37.10-9-06 Page 11 of 14 ection 10 ATTACHMENI. Check the appropriate box for all documents, evidence and supporting information that is attached and included as a part of this claim. Title Report: Deed: Appraisal(s) County Assessor's Plat Card: Yes � No O Yes ❑� No ❑ Yes ❑ No ❑✓ Yes ❑ No ❑ ??? See "Exhibit T" Comp's: Yes 0 See "Exhibit V" Affidavits: Tax Lot Map{s) Subdivision or Tax Reductions: Yes ❑ No 0 Yes � No ❑ Partition Yes ❑ No ❑✓ See "Exhibit U" Conditions: (3 each Yes �✓ No ❑ Property Tax Statement (proof of ownership): Yes � No ❑ See attached "Exhibit S" Participating Federal Programs: Yes ❑ No ❑✓ �✓ Other Information: (Explain) Exhibit H: City of Tigard "Chapter 18.54 for R-12 Multiple-Family Residential (12 Units Per Acre)" code update revised and effective January 17, 1991 (Pages 111 thru 113). Exhibit J: City of Tigard "Uses by Zones Matrix" revised and effective June 1986 (7 pages). Exhibit K: City of Tigard "Zoning Regulations Summary: Dimensional Standards" revised and effective March 1997 (2 pages). Exhibit L: City of Tigard "Pre-Application Conference Notes" for Robert Ruedy dated 10/0111992. Exhibit M: City of Tigard Submission Plat related to the above noted City of Tigard "Pre- Application Conference Notes" for Robert Ruedy dated 10/01/1992. Exhibit N: City of Tigard "Chapter 18.510 Residential Zoning Districts" updated and effective June 20U2 to date. Exhibit P: City of Tigard "Pre-Application Conference Notes" dated August 11, 1992 and provided to Robert Ruedy as example submissions with City comments for said R-12 Zoning Use property. Exhibit Q: City of Tigard "Pre-Application Conference Notes" dated March 12, 1992 and provided to Robert Ruedy as example submissions with City comments for said R-12 Zoning Use property. Exhibit R: City of Tigard and Vicinity "Comprehensive Plan Map Ordinance 83-24, Zoning District" dated September 1991. Subject property is highlighted along with the "R-12 Zoning Use" identification. Exhibit S: Washington County "Real Property Tax Statement" for 7/1/06 to 6/30/07 indicating Robert E. Ruedy as the sole owner of said property. Exhibit T: Preliminary Title Report indicating Robert E. Ruedy as the sole owner of said property. Continued on next page � � Form: M37.10-9-Ofi Page 12 of 14 Exhibit U: 1) Close-up site lo� �n Tax map from Transnation Title ,icating the claim property highlighted. 2)Washington County Tax Map (letter size � 8-1/2" x 11"� indicating the claim property highlighted. 3) Washington County Tax Map (full size � 20" x 24") indicating the claim property highlighted. Exhibit V: Comparable "Residential Use" Properties, from RMLS at a 10 mile radius of claim property. Exhibit W: City of Tigard "Procedure for Ballot Measure 37 Compensation Claim" filing submitted on December 1, 2006(their "deadline" date). Package includes a copy of their$1,000.00 processing fee paid via personal check#8586. (8 pages) ection 11 �THER CLAIMS FILED List all other govemmental entities you or someone on your behalf has submitted claims to regarding the Property involved in this claim. List all claims submitted to the state or other entities relating to this property or any portion thereof on anyone's behalf. You must list all entities even if you only submitted a c�aim to them for a portion of the Property that is the subject of this claim. Have you submitted a claim to another governmental entity regarding the property listed in this claim? No ❑ Yes ❑✓ Date: December 1, 2006 (Their M37 Deadline Date) To Whom: The City of Tigard Claim number: Not provided� See attached "Exhibit W" (8 pages Yes ❑ Date: To Whom: Claim number: Yes ❑ Date: To Whom: Claim number: Yes ❑ Date: To Whom: Claim number: Yes ❑ Date: To Whom: Claim number: ADDITIONAL INFORMATtON THAT MAY BE SUBMITTED IN SUPPORT OF THIS CLAIM 1. A report by a certified appraiser that addresses the Reduction in Fair Market Value of the Property resulting from the enactment or enforcement of the cited Land Use Regulation(s)as of the date the Claim was filed; 2. A statement of the effect of the cited Land Use Regulation(s)on any Owner's tax status, including without limitation any tax deferrals or tax reductions related to the cited Land Use Regulation(s); 3. Citation to each Land Use Regulation(s)in effect at the time the owner acquired the property explaining how the use that is now not permitted by the Land Use Regulation(s)set forth in Oregon Administrative Rules(OAR)125-145-0040{9)was permitted at the time the owner acquired the property; 4. Names and addresses of Owners of all real property located within 100 feet of the Property if the Property is located in whole or in part in an urban growth boundary, 250 feet of the Property if the Property is located outside and urban growth boundary and not within a farm or forest zone and 750 feet of the Property if the Property is located in a farm or forest zone. Form: M37.10-9-06 Page 13 of 14 I ATTEST THAT I HAVE THE �ORMATION CONTAINED IN TH, ;LAIM IS TRUE AND CORRECT. (Signatures of the claimanf(s) and (if the claim is prepared by an agent) any agent of the claimant(s).) �� - ;� l�'`� I c'� C imant #1 Signature Date � /c"-�/�',(� Agent #1 Signature Date State of Qregon County of Washington Signed and sworn to before me on December 4, 2006 by Robert E. Ruedy (month - day - year) d d d Notary Seal � d d �c'�ZP/Gz,-a.�/./ �, � /� IGr � (Notary Pub�ic=State of Oregon) �� . C��rrt�MA.eI . ��110�� My commission expires: �;/L��/�; ZviU Form: M37.10-9-06 Page 14 of 14 ��. . � � � T :OR TIT�E INSUR14�CE 92088048 Washlnqton County STATUTORY WARRANTY DEED V� �H�g�T A �' f-� EVELYN C. BACON Grantor, conveys and warrants to ROBERT E. RUEDY AND DQNNA L. RUEDY, HUSBAND AND WIFE Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in WASHINGTON County, Oregon, to wit: THE EAST HALF OF LOTS 13 AND 14, TIGARDVILLE HEIGHTS, IN THE CITY OF TIGARD, COUNTY � OF WHSHTNGTON AND STATE OF UREGON. EXCEPTING THEREFROM THE NORTH 110 FEET OF THE EAST � HA]'�E' OE SAID IAT 13. � � THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLI `�n CABLE LAND USE LAWS AND REGULATIONS.BEFORE SIGNING ORACCEPTING THIS INSTRUMENT,THE PERSON ACQUIIt �l", ING FEE TITLE TO TAE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT �\ TO VERIFY APPROVED USES. The said property is free from encumbrances except POWER OF ASSESSI�NT OF TI-� UNIFIED SEWERAGE AGENCY; RIGHTS OF PUBLIC IN AND TO THAT PORTION LYING WITHIN STREETS, ROADS AND HIGHWAYS. The true consideration for this conveyance is$121,250.00 (Here comply with the requirements of ORS 93.030) Dated this 7th day of December 1992 �"'°"'°'°' EVELYN C. HACON i';;r;;, QF�tC1�L S�l F;�;y:� L�£'f!�L�i��► ��:��.j' tu�i,�RY t+UBLIGOi��tiCiN ��'= �G��f�tSS{OFVPE9.�S87 c��;^!?!T:':F�z,.;Y.t�EX�'1�tES SCPT, �0�1S$3 State of Oregon, County of ['.1 arkamac State of Oregon, County of The foregoing instrument was acknowiedged before me this The foregoing instrument was acknowledged before me this .Zt}1_day of T�P�'Pmh P r , 19..�2� by day of , l9 by Evelyn C. BSCOn President and Secretary of a � corporation, _ , on behalf of the corporation. Notary Aublic for Oregon My commission expires: 9�10/95 Notary Public for Oregon My commission expires: WARRANTY DEED This Space Reserved for Recorder's Use L�Y�L11`1 C. BACON GRANIOR GRANTEE ROBERT E. RUEDY DONNA L. RUEDY Until a change is requested, all tax statements shall be sent to the following address: '`��` ibtASNtt�G7'O�J COUk i Y .,:�:.--:: ROBERT E, RUEDY �;,�;z�J�� %EA� FTDPfRTr Ti�.�h�� %�^' ��'' Z �oD �- 14185 SW 100TH AVENUE ' �,�d� $ � �A,� �2 �� "�� T�s��Nb. OR 97224 Title No.. 596301BL 596301 After recording return to: ROBERT E. RUEDY 14185 SW 100TH AVENUE '� 2 TIGARD , OR 97224 J Ticor Form Na 137 Statutory Warranty Deed 8/85 � . � STATE OF OREGON � SS County of Washington I,Jerry R.Hanson,Director of Assessment and Taxation and,Ex-Off'icio dRec�o�reb o�� veyances for sa►d county, that�the _withm instrument of_wrtit ng was received and recorded in book"of nec�rds of - said county. Jerry R. Hanson, Director o� Offic�o Courity C� ��'Ex- Doc : 920BB04B 165. 0� Rect: 90363 12/10�1992 1�: 12: 42AM � ection 5 INTENDED USE(. ROPERTY What is your desired use of the property that is restricted by one or more state land use regulations? Please provide as much detail as possible conceming the desired use, as your claim will be evaluated based on this inforrnation. You must identify your desired use so that we are able to: (1)deterrnine whether that use has been restricted by one or more state land use regulations and if so, which ones; (2) deterrnine whether state land use regulations have had the effect of reducing the value of the property; (3) state Gearly what state land use regulations will "not apply"to your use of your property(if the state elects not to pay compensation); and (4) provide adequate notice to those entitled to notice. At the very least you need to identify the type of use and give us some idea of the intensity of the use. Some typical examples of the of what other claimants have said are: (a)to divide the property into five lots, and to establish a residence on each lot; (b)to build a single-family home on the property; (c)to develop a golf course on ten acres of the property along with a clubhouse. The more general you are in your description,the less likely it is that we are to determine that particular state land use regulations restrict your use. The more specific you are,the less likely it is that you will have to file additional Gaims. If you have already filed a claim with a city or a county, and the use you want the state to consider is the same as for your local claim,then please tell us that. If you do not tell us what your desired use is, we wifl assume that you wish to establish one additional dwelling on yoerr property, and we will process your claim on that basis. Attach narrative statement, proposed plan, or other documentation of desired use, as you think necessary ❑ To divide the property into 2 Iots for the existing single family residence and one large Multi family, Group Care Residential, Family Day Care Facility, Group Residential Treatment Home(s�, Hospital, or other multi- family dwelling residential units or series of units; or 12 lots or parcels (in addition to the existing single family residential lot)and establish a residence on each lot or parcel to create a subdivision for mobile homes, manufactured homes,townhouses, or 6 lots (in addition to the existing single family residential lot) as multi family residential units,duplex residential units, single family attached residential units; providing they meet the state and local land use ordinances at the time of original purchase in 1992 as enclosed herein, or benefit from reduced land use and zoning regulations since that date. In some of the instances above the original single-family residence and unattached yard shed may be either demolished or relocated to allow for the homes' lot to be additionally subdivided for final achievement of maximum density of the R-12 Zoning Use. Form: M37.10-9-06 Page 5 of 14 . " �X I-� I 6 I`r B� S -OF OREGON --1 - —— - County of Washington J SS I, Jerry,R:'Hanson, Director of Assess- ment and Taxation and Ex_qfficio County Clerk for•said?county, do hereby certify that the withiri in`struinent of writing was received and reeorded;`in book of reco�`ds of said county> �/°. _ �. '�'C�?6p.l� �'� Jerry R. Hanson, Director of Assessment and Taxation,Ex- Officio County Clerk i Doc : 98125411 � Rect: 220202 11/06/1998 02:41:OZpm 1�• 00 ! � Loan No. 1504113 DEED OF RECONVEYANCE Mark Peterman is the trustee ("Trustee") under the Deed of Trust dated December 3, 1992 executed by � Donna L. Ruedy and Robert E. Ruedy in which Home Savings of America, FSB is the beneficiary. The Trust Deed was recorded on December 10, 1992 as Fee No. 92088049 in the Records of Washington County, Oregon. The Trustee has received from the beneficiary a written request to reconvey, stating that all obligations secured by the Trust Deed have been fully paid and performed. THEREFORE, the Trustee hereby conveys without covenant or warranty, express or implied, to the person legally entitled thereto, all of the estate now held by the Trustee in and to the property described in the Trust Deed. DATED: September 1, 1998. �� Mark Petennan, Trustee STATE OF OREGON ) ) ss. County of Multnomah ) . This instrument was acknowledged before me on September 1, 1998, by Mark Peterman, as Trustee under the above-referenced Trust Deed. %I -, 'i OFFlCIAL SEAL � � �_ � �` ��:,./ DARREPd L DORRELL ' `_�L�''`''�' .~ �_ + ,J��"t-' OMMlSSION NO 301462N s• IVotary Public for Oregon I�Y C0�lMISSI�N D�IRES MAY 26,2001 After recording return to: Robert E. & Donna L. Ruedy 14185 SW 100th Avenue Tigard, OR 97224 PDX1A-140725.1 2�163-0001 ' . ll�.'r� � Q ( t � l! �� G� �� - w..n��o��o�.,ty,on�o� 2002-004944 •� o�narton o�:sa�e�M � � 0.M Cnt�1 itn■i K ORUNEYYALD ' Until a change Ls requested aIl lax statements shall be srnt 573.00 56.00 511.00 •TotWiY2.00 3205 W�HUNZIKER,MSUITEg310Inc NIIIIIIIIIIIIII IIIIIIII IIIIIIIIIIIIIIIIIIIII� PORTLAND, OR 97223 000348372002000484401d0164 503-684-6222 I,J�rryN�mon,Dtr�etoroTAu�um�rrt�ndT�xatlon ""`�� nd Fz-0MCIO CouMy G�rM/orNh�l+lnpton Courrty, �r�.�\, do h�nby c�rtlry thd th�wlthln ImWmmt of wrltlnp � WfIDV RECORDED MAIL TO wn ncNv�d�nd nCOrd�!In th�bo9k W n[ord�of , I;� nld eeunq�. 1 L,,, ��" j WELLS FARGO HOME MORTGAGE,INC. ��t""�� *� J�rryR.H�mon,qnctor nn�mmt�nd T�t�tbn, ��• , Ex-Of/lclo Counp�Cleh � P.O. BOX 5137 DES MOINES, IA. 50306 503-684-6222 ACCOUNT NUMBER Loan ZD: 0023085681 TAX ACCOUNT NUMBER R0501905 [Space Above This Line For Record'mg Data] � DEED OF TRUST O M � .� 0 DEFINITIONS U �, � Words used in multiple sections of this document are defined below and other words are defined in � Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are � also provided in Section 16. .�.i a � (A) "Security InstrumenN'means[his document,which is dated January eth, 2002 , � together with all Riders to this document. � {B) "Sorrower" is ROBERT E. RLTEDY and DONNA L RUEDY � �� V� f_" ti,. Sorrower is the trustor under this Security Instrument. (G� "Lender"is WELLS FARGO HOME MORTGAGE,INC. Lender is a CORPORATION organized and ezisting under the laws of "The State of California" OREGON-Singie Family-Fannfe MaslFreddie Mac UNIFORM INSTRUMENT Fo►m 3038 1/01 ��610R)l0006� //�//�,,��..��.w_w_.�\\�\\ �Y Pape 1 of 15 Wtids:�"�'--'- ' I VMP MORTGAGE FORMS-I600)521•7291 I�I,.;I II IIII IIIIII IIII IIII I�I� 1 ' , 2002-4944 Lender's address is P.O. BOX 5137 , DES MOINES, IA. 50306 Lender is the beneficiary under this Security Instrument. (D) "Trustee"is Forest N.A. Bacci, Esq. . (E) "Note"means the promissory note signed by Borrower and dated ,7anuary 8th, 2002 . The Note states that Borrower owes Lender Two Hundred Twelve Thousand and no/100 and no/100 ------- Dollars (U.S. $ 212,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Februaxy lst, 2032 . (� "Property" means the property that is described below under the heading "Transfer of Rights in the ��rty ,� (G) "Loan"means the debt evidenced by the Note,plus interest, any prepayment chazges and late charges due under the Note,and all sums due under this Securiry Instrument,plus interest. (I� "Riders" means all Riders to this Security Instrument that are ezecuted by Bonower. The following Riders are to be executed by Bonower[check boz as applicable]: ❑Adjustable Rate Rider �Condominium Rider ❑Second Home Rider �Balloon Rider ❑Planned Unit Development Rider� 1-4 Fanuly Rider 0 VA Rider �Biweekly Payment Rider ❑Other(s)[specify] (n "Applicable Law" means all conuolling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (.n "Community Association Dues,Fees, and A.s�ments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. {I� "Electronic Funds Transfer" means any transfer of funds, other ihan a uansaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic inswment,computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. S�ch term includes, but is not limited to, point-of-sale uansfers, automated teller machine transactions, transFers inidated by telephone, wire transfers, and sutomated clearinghouse transfers. (L) "Fscrow Items"means those items that aze described in Section 3. (11� "Miscellaneous Proceeds"means any compensadon, setdement, awazd of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for: (i) damage to, or destruction of, We Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)misrepresentations of, or omissions as to, the value and/or condition of the Property. (IV) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instniment. (P} "RESPA" means the Real Fstate Settlement Proceciures Act(12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that govetns the same subject matter.As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard Initi s: 1�'— �-6(OR)�000el Page 2 0115 Form 3038 1/O7 � , i • I � 2002-4944 ' to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"under RESPA. (� "Successor in Interest of Borrower"means any party that has talcen title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instniment secures to Lender: (i)the repayment of We Loan,and all renewals, eztensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under lhis Security Instnunent and the Note. For this purpose, Borrowet irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of WASHINGTON . [Type of Rocording Jurisdiction] [Name of Recording lurisdictionJ THE EAST HAI,F OF LOTS 13 AND 14, TIGARDVILLE HEIGHTS, IN THE CITY OF TZGARD, COUNTY OF WASHINGTON AND STATB OF OREGON. EXCEPTING THEREFROM, The North 100 feet of the East half of said Lot 13. Item #: R0501905 which currently has the address of 14185 SW 100TH AVENUE [Streetj TIGARD [Ciry],OlCgon 97224 [Zip Code) ("Property Address"): TOGETHER WITH ail the unprovements now or hereafter erected on the pmperty, and all easements, appurtenances, and fiztures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfuIly seised of the estate hereby coaveyed and has the right w grant and convey the Property and that the Property is unencumbered,ezcept for encumbrances of record. Bonower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instn�ment covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as fol(ows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Bonower shatl pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. INtid: �-610R)�000sl Pepe 3 of 75 Form 3038 1/01 � • 2002-4944 � currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is retumed to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may retum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but I.ender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then I.ender nced not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Bonower. If not applied eazlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instnunent or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied fust to late chazges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of We Note. If Lender receives a payment from Bonower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the aznount,of the Periodic Payments. 3. F�nds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in fvll, a sum(the "Funds")to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbraace on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with khe provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall prompdy furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Bonower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be ��sai(� �'ci ��s�OR)10006) Pape 4 of 15 �—� Form 3038 1/01 2002-4944 in writing. In the event of such waiver,Borcower shall pay directly, when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by I.ender and,if Lender requires, shall fumish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement containe�in this Se�urity Instrument,as the phrase"covenant and agreement" is used in Section 9. If Bonower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such aznount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to L.ender all Funds, and in such amounts,that are then required under this Secdon 3. Lender may, at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RFSPA, and (b)not to exceed the mazimum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Fscrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity(including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escmw Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and I.ender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without chazge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, L.ender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined uader RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to malce up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instnunent, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all tazes, assessments, chazges, fines, and impositions atuibutable to the Property which can attain priority over this Security Instnunent,leasehold payments or ground rents on the Property,if any,and Comm„*+;ty Association Dues,Fees,and Assessments,if any.To the extent that these items are Fscrow Items,Bortower shall pay them in the manner provided in Section 3. Bonower shatl prompfly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptabie to Lender, but only so long as Borrower is performing such agreement; (b)wntests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detemrines that any part of the Property is subject to a lien which can attain priority over this Security Instrumeni, Lender may give Boaower a notice identifying the Initiel /"!� �-6(OR►i000si Paqe 5 of 15 Form 3038 1l01 � 2002-4944 lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification aad/or reporting service used by L,ender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erecced on the Property insured against loss by fire, hazards inclnded within the term "eztended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which L.ender requires insurance. This insurance shatl be maintained in [he amounts (including deductible levels) and for the periods that Lxnder requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be ezercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or(b) a one-ti� chazge for flood zone determination and certification services and subsequent chazges each time remappings or similaz changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood wne detertnination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particvlar type or amount of coverage. Therefore, such coverage shall cover Lender, but aright or might no[protect Boaower, Bonower's equity in the Property,or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser caverage than was previously in effect. Bonower acl�owledges that the cost of the insurance wverage so obtained might significantly ezcced the cost of insurance that Bonower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Ixnder's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagec and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall prompfly give to Ixnder all receipts of paid premiums and renewal nodces. If Borrower obtains any form of inc,�ransp��ge, not otherwise required by Let►der, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made prompdy by Borrower, Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying�n��*�ncc was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been wmpleted to Lender's satisfaction, provided that such inspection shall be undertaken prompdy. Lender may disburse proceeds for the repairs and restoradon in a single paytnent or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Bonower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasi6le or Lender's security would be lessened, the insurance proceeds shall be applied [o the sums secured by this Security Instrument, whether or not then due, with Initiel�'I+— ��6�OR)100051 PegeB ot t5 �� Form 3038 1/01 2002-4944 the excess, if any, paid to Borrower. Such insurance procceds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and setde any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to setde a claim, then Lender may negotiate and setde the claun. 'Ibe 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the aroounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid by Borrower)under all insurance policies wvering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Insttument,whether or not then due. 6. Occupancy. Bonower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to oc:cupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless eztenuating circumstances ezist which are beyond Bonower's conuol. 7. Preservation, Maintenance and Protection of the Property; Inspections. Bonower shall not destroy, darnage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid furrher deterioration or dan�age. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspecaons of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or eniities acting at the d'uection of Borrower or with Borrower's lmowledge or consent gave materially false, misleading, or inaccurate information or statements to I.ender (or failed to pmvide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection oi Lender's Interest in the Property and Rights Under this Security Instrument. If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrucneni, (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. L,ender's actions can include, but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appeazing in cour[; and (c) paying reasonable Initiak:N"/!//� �-6(OR)�0005� Pege 7 of 76 �' Form 3038 1/01 � � 2002-4944 attomeys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankniptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or boazd up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tumed on or off. Although Lender may ta[ce action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or a11 actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shafl become additional debt of Borrower secured by this Security Instnunent. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the pmvisions of the lease. If Borrower acquires fee title to the P�roperty, the leasehold and the fee dtle shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If,for any reason, the Mortgage Insurance coverage required by L.ender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Inc„ra„ce, Borrower shall pay the premiucns required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a wst substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an altemate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payirients as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in fiill, and Lender shall not be required to pay Borrower any interest or eamings on such loss reserve. L.ender can no longer require loss reserve paymenu if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Ixnder again becomes available, is obtained, and Lender requires sepazately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make sepazately desi�ated payments towazd the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement betwcen Borrower and Lender providing for such termination or until termination is required by Applica6le Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower dces not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on al]such insurance in force from time to time, and may euter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that aze satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agree�nents, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive(d'uecdy or indirecdy) aznounts that derive from(or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agrced to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they wili not entitle Borrower to any refund. InRia�f{[GJ �/J(� - �. �-6�OR)100051 PageBof 15 Form 3038 1/01 m 2002-4944 (b) Any such agreements will not affect the rights Borrower hss -if any - with respect to the Mortgage Insurance under the Aomeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated autometically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or tertnination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Procceds are hereby assigned to and shall be paid to I.ender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoradon or repair of the Property, if the restoration or repair is economically feasible and L.ender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. I.ender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is wmpleted. Unless an agreement is made in writing or Appiicable Law requires interest to be paid on such Miscellaaeous Proceeds, Lender shall not be required to pay Botrower any interest or eamings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the eacess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of tt►e Property, the Miscellaneous Procaeds shall be applied to the sums secured by this Securiry Inswment, whether or not then due, with the ezcess, if any,paid to Borrower. In the event of a partial taking, destmction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destiuction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following ftaction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property inunediately before the partial taking,destrucdon,or loss in value.?,iy balance shall be paid to Borrower. In the event of a partial taking, destruction,or(oss in value of the Property in which the fair market value of the Property immediately before the partial taking, destmction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secure�by this Security Instniment whether or not the sums are then due. If the Property �s abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a cIaim for damages, Borrower fails to respond to Lender within 30 days after the date the nodce is given, Lender is au[horized to collect and apply the Miscellaneous Procaeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party"means the thicd party that owes Borrower Miscellaneous Proceads or the party against whom Bonower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided ia Section 19, by ca�tsing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairmeut of Lender's interest in the Property or rights under this Security Instnunent. The proceeds of any award or claim for dunages that aze attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to I.ender. All Miscellaneous Proceeds that are not applied to restorazion or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Eztension of the time for payment or modification of amortization of the sums secured by this 5ecurity Instrument granted by I.ender ��;�� -610R}�0005� Page 9 ot 15 Form 3038 1l01 m ' 2002-4944 to Borrower or any Successor in Interest of Borrower shall not operate to release[he liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by Uus Security Insirument by reason of any detnand made by the original Borrower or any Successors in Interest of Borrower. Any forbeazance by Lender in ezercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Jotnt and Several Liability; Co-signeis; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However,any Bonower who co-signs this Security Instrument but dces not execute the Note (a "co-signer"): (a) is co-signing this Secunty Instrument only to mortgage, grant and convey the w-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instnunent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instnunent or the Note without the co-signer's consent. 5ubject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instniment in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Bonower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The wvenants and agreEments of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for services performed in connection with Borrower's default, for the putpose of proteciing Lender's interest in the Properiy and rights under this Secwiry Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regazd to any other fees,the absence of ezpress authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibidon on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets mazimum loan charges,and that law is finally interpreted so that the interest or other loan chazges collected or to be collected in conneccion with the Loan ezceed the permitted limits, then: (a) any such loan charge shall be reduced by the aznount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Botrower which exceeded pemutted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. lf a refund reduces principal, the reduction will be ueated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under We Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Boaower might have arising out of such overchazge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connecdon with this Security Instrument shall be deemed to have been given to Borcower when mailed by first class mail or when actually delivered to Borrower's nodce address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Bonower shall prompUy notify Lender of Borrower's change of address. If Leader specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address t}uough that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to L.ender shall be given by delivering it or by mailing it by first class tnail to Lender's address stated herein unless Lender has designated another address by notice to Boaower. Any notice in connection with this Security Instnunent shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. Initials:�lv�" �-6(�R)(0005) Page 10 of 15 � Form 3038 1J01 O • 2002-4944 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument aze subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicidy allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Securiry Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Inswment: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b)words in the singulaz shall mean and include the plural and vice versa; and (c)the word "may" gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer oP the Property or a BenePcial Interest in Bortower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transfened in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrowet at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a naturaf person and a beneficial interest in Borrower is sold or hansferred)without Lender's prior written consent, Ixnder may require imn�ediate payment in full of all sums secured by this 5ecurity Instrument. However, this opdon shall not be exercised by Lender if sach exercise is prohibited by Applicable Law. If Lender ezercises this option, Lender shall give Bonower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Bortower mast pay all sums secured by this Security Instniment. If Borrower fails to pay these sums prior to the expiradon of this period, Lender may invoke any remedies permitted by this Security Instrument wiihout further notice or demand ou Borrower. 19. Borrower's Right to Reinstate Afiter Acceleration. If Borrower meQts certain condidons, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the ternunation of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Boaower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleradon had occurred; (b)cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security Instniment, including, but not l'vnited to, reasonable attorneys' fees, property inspection and valuation faes, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrumenr, and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's che�k, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, insuumentality or entity; or(d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievence. The Note or a partial interest in the Note (together with this Security Instsument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and �his Security Instrument and perforcns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA Inkie� ��6(OR)�00061 Page 11 of 15 Form 3038 1/01 ' 2002-4944 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan 5ervicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transfened to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this 5ecurity Instrument,until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonabte period after the giving of such notice to take conective action. If Applicable Law provides a time period which must elapse before certain acdon can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of�celeration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Ha�rdous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as tozic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or tozic peuoleum products, toxic pesticides and herbicides,volatile solvents,materials containing asbestos or forn�aldehyde, and radioactive materials; (b) "Envimnmental Law"means federal laws and laws of the jurisdiction where the Property is located that relaze to health, safety or environmeatal protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d) an "Environmental Condition" means a condition thai can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or pemvt the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous S�bstances,on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property(a)thaz is in violadon of any Environmental Law, (b)which creates an Environmental Condition,or(c)which, due to the presence,use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous S�bscances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall prompdy give Lender written notice of(a)any investigation, claim, decnand, lawsuit or other action by any govemmental or regulatory agency or private party involving the Property and any Ha7ardous Substance or Environmental Law of which Borrower has actual lmowledge, (b) any Environn�ental Condition, including but not limited to,any spilling,leaking,dischazge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govermnental or regulatory aut6ority, or any private party, that any removal or other remediation of any Hazardous S�bstance affecting the Property is necessary,Borrower shall pmmpdy take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. ��Inals�iG.�— �-6(ORI i000si aeea�zm�s Form 3038 1l01 � � . ' 2002-4944 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicahle Law provides otherwise).The notice shall speciFy: (a) the deFaWt; (b)the action required to cure the default; (c)a date,not less than 30 days from the date the notice is given to Borrower, by which the defaWt must be cured; and (d) that failure to cure the default on or bePore the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court actioa to assert the aon-existence of a default or any other defense of Borrower to acceleration and sale.If the default is not cured on or before the date specified in the norice,Lender at its option may require immediate payment in full of all sums secured by this 5ecurity Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this 5ection 22,including,but not limited to, reasonable attorneys'fces and costs of title evidence. If I.ender invokes the power of sale, Lender shall execute or cause TrusteE to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause sucb notice to be recorded in each county in which any part oP the Property is located. Lender or Trustee shall give notice of sale in the manner prescribed by Applicable Law to Borrower and to other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower,shall sell ti�e Property at public suction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order'I�ustes determines. 1Yustee may postpone sale of all or any parcel of the Property by public announcement at the time and Place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, eacpresced or implied. The recitals in the Tiustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a)to all expenses of t6e sale, including, but not limited to,reasonable TnLStee's end att�rneys' fees; (b) to all sums secured by this Security in. �rr�nt� and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instnzment, Lender shall request Trustee to reconvey the Properry and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entided to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property,but only if the fee is paid to a third party(such as the Trustee) for services rendered and the c6arging of the fee is pemutted under Applicable Law. 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder.Without conveyance of the Property,the successor trustee shall succeed to all the title.power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. As used in this Security Instrument and in the Note, attomeys' fees shall include those awarded by an appellate court. 26. Protective Advances. T6is Security Instrument secures any advances Lender, at its discredon, may make under Section 9 of this Security Instniment to protect I,ender's interest in the Property and rights under this Security Instrument. 27.Required Evidence of Property Insurance. WARNING Unless you provide us with evidence of thc insurance coverage as required by ovr contract or loan agreement, we may purchase insurance at your ezpense to protect our interest. This insurance may, but need not, also protect your interest. If the collateral becomes darnaged, the coverage we purchase may not pay any claim you make or any claim made against you. You may later cancel this coverage by providing evidence that you have obtained property coverage elsewhere. Initiale:�'0�,_ �;610R1 i000s� aeea�3 a+�5 � Form 3038 1/0't ,. � 2002-4944 You are responsible for the cost of any insurance purchased by us. The cost of this insurance may be added to your contract or loan balance. If the cost is added to your contract or loan balance, the interest rate on the underlying contract or loan will apply to this added aznount. The effective date of coverage may be the date your prior coverage lapsed or the date you failed to provide proof of coverage. The wverage we purchase may be considerably more expensive than insurance you can obtain on your own and may not satisfy any nced for property daznage coverage or any mandatory liability insurance requirements imposed by Applicable Law. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Wimesses: �z. cs�� RO ERT E. RUEDY -Borrower "'�' � ($eal) DONNA L RUEDY -Bortower (Sea1) (Seai) -Borrower -Borrower (Seal) (3ea1} -Borrower Borrower _—._ _ _- - - ---- -ISeal) -- - —fSe:�l:i a�:,R"w�� r��;�,«�� -610R)�000s� vepe�a or is Form 3038 1/01 � " 2002-4944 STATE OF OREGO�� Washington Cotu�ty ss: On this �fh day of January 2002 ,personally appeazed the above named ROBERT E. RUEDY and DONNA L RUEDY and acknowledged the foregoing instrument to be his/her/their voluntary act and deed. My Commission Ezpires: �1 ��Q `� Before me: (Official Seal) ��/' `�`J� P�'=r. Norary Public for Oregon ' . .�,-��; OFFICIAL SEAL �%'��'; CINDY BLAKE \', N�TARY PUBLfC-OREOON COMMIS610N N0.30B408 , Mv COMMISSION E%PIRES fEB 9,2002 Initia� �-610R1 woosi Pepe 15 0�15 Form 3038 1101 � � , � �� .E-t 1�3 I i� � �' we•��o��,Orspon 2005-027433 ' 03/15l2005 03:32:36 PM o� cncn stn.o c ron�KrN• . � s�s.00 se.00 s+�.00•row.:a2.00 . . III�III�II lilllllll II�II I II II IIlI l l l l l l l!I I Ill il I 00740560200500274330030034 I,J�rty H�nton,Dlncror of A��uam�rrt and T�x�tlon Retum Address: �nd�•ancio co�,n�y ci.�x rorw..�naon couaH, ` Wel Is Fargo Bank, N.A. �.ao�,doh�nbywRlryth�tth�wkhlnlmWm�rrto� ��t, DOCUMENT MANAGEMENT 'MinrWwunedr�d�nd .eob.eir, •b,ora �� ncord.of.da eounty. �sOr � J P. 0. BOX 31557 B t L L I NGS� MT �J9��7 J�rry R H�nton,DIr�Ctx ts�ssm�M�nd T�x�tlon, • . Y�� Ex�fflelo Courrty Cl�rk State of Oregon Space Above Thla Line For Recordine Data REFERENCF�s:2005011720094�ACCOUNT�:0651-651-�7�63]4-0001 SHORT FORM LINE OF CREDIT DEED OF TRUST cuv��n�,�,�Aa��cia�� 2. DATE AND PARTIES. The date of this Short Form Line of Credit Deed of Trust("Security Instivment")is 02/16 I 2005 and the parties are as follows: TRUSTOR("Grantor")• ROBERT E. RUEDY AND DONNA L, RUEDY, HUSBAND AND WIFE whose address is:14185 SW 1 OOTH AVE T I GARD, OR, 97224 TRUSTEE: Wells F$rgo Financial National Bank c/o Specialize Service 401 West 24th Street,National City,CA 91950 BENEFICIARY("Lender"):wells Fa=go Bank, N.A. P. 0. BOX 31557 BILLINGS, MT 59107 2. CONVEYANCE. For good and valuable consideration,the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Granior's performance under this Security Instrument, Grantor irrevocably grants,conveys and sells to Trustee,in m�st for the benefit of Lender,with power of sale, all of tl�at certain nn�ll property located in tbe County of WASH I NG70N ,State of Oregoq descn'bed as follows: THE EAST HALF OF LOTS 13 AND 14, TIGARDVILLE HEIGHTS, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON, EXCEPTING THEREFROM THE NORTH 110 FEET OF THE EAST HALF OF SAID LOT 13. with the address of 14185 SW 100TH AVE T I GAR�, OR 9�224 and parcel number of R0501905 , together with all rights, easements, appurtenances,royalties,mineral rights,oiI and gas rights,all water and riparian rights,ditches,and water stock and all existing and future improvements,structures,fixtures,and replacements that may now,or at any time in the fuhue,be part of the real estate described above. 3. MAXIMIIM OBLIGAITON AND SECURED DEBT. The total amount wluch this Security Instrument will secure shall not exceed$�t ,000.00 together with all interest thereby accruing, as set forth in the promissory note, revolving line of credit agreement, contract, guaranty or other evidence of debt ("Secured EQ239A (I2/2004) OREGON-DEED OF TRUST ,DebY') of even date herewith, and all amendments, extensions, modifications, renewals or other documents � which are incorporated by reference into this Security Instrument,now or in the future. The maturity date of the Secured Debt is 03/05/2020 . 4. MASTER FORM LINE OF CREDIT DEED OF TRUST. By the delivery and execution of this Security Insmiment,'Grantor agrees that all provisions and sections of the Master Form Line of Credit Dced of Tnist ("Master Form"),inclusive,dated February 1,1997 and recorded on F e b r u a r y 6, 199� as Instrument Number 9�010994 in Book N/A at Page N I A of the O�cial Records in the Office of the Recorder of WASH I NGTON County, State of Oregoq are heneby incorporated into,and shall gwern,this Security Instrument. 5. RIDERS. If checked,the following are applicable to this Security Tnstrument The covenants and agceements of each af the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. � 'Third Party Rider � Leasehold Rider � Other N!A SIGNATURES: By signing below,Grantor agrees to perform all cavenants and duties as set forth in this Security Instrument. Grantor also acknowledges receipt of a copy of this davment and a copy of the provisions oontaine� in the previously recorded Master Form(the Deed of Tnut-Bank/C�stomer Copy). � � /8 0� . �� c�" �� - R 0 E T E. R U E 0 Y Grantor Date i �� , � � � C� DONNA L. RUEDY Grantor Date Grantor Date Grantor Date Grantor Date Grantor Date E 239B iznooa �IIII�II�III��III III�II�I I�I Q ( ) ORE(30N DEED OF TRUST iii�iii iii��i�iii i�i��iii i�� ACKNOWLEDGMENT: (Individual) STATE OF_ U��y� ,COUNTY OF__ GU Q-Q.�i�i�,��p�.-, } ss. T1us instnxmeni was acl�owledged before me on a —/�- (� S by h !� L. �, `"��--� �.�,-�-r (Signature of notarial officer) � � Title(and ) o�cia�s�. KAREN ROBERTI �/ NOTAFi1'PUBUC OREGON My Commission expires: 1 Z- Z ?—d d hfY COMM�IgSIOM�SEf��IR�ES D�ECEMBE�R 27.200B EQ239C (12/Z004) OREGON-DEED OF TRUST � � � I �g1T _• �, Washlnyton County,Orpon 2005-029520 03l2112005 12:26:54 PM D-Mi Cnt■4 8tn■! C TONPKIN� :5.00�•00 f11.00•Total■57200 This document was prepared by: II I II I I I I`�I I I I,I�I I II I I I III I,I`I II II I I`I`�`Ill Wells Fazgo Bank 0074279520050029520001001B 2324 Ovefland Ave I,J�rry Han�on,Dlnctor of Aa�wsmrnt rnE 7�xNlon PO Box 31557 �nd Ex-0Riclo Counly Cl�rk for Wuhinpton CouMy, _y�� Billings,MT 59102, 866-255-9102 Onpon,do h�nby c�Rly that th�wlthln In�trum�M ot a/ wrltlnp wu no�lwd antl neord�tl In Ih.beek ei �.. . ;,� neord�o/�ald eeurrty. �.._.,,l t;P��`yp� C�F.,..,I A `._. WHEN BECORDED MAII.TU: J�rty R.Hanson,DlnctorbFAp�a�maK and Tu�tlon,��:� Ex�fllelo CeuMy Cbrk ROBERT E RUEDY 14185 SW 100TH AVE TIGARD,OR 97224-4951 DEED OF RECONVEYANCE Account Number: 65465447999170001 The undersigned as Trustee under that certain Deed of Trusrt described as follows: Dated: NOVEMBER 5,2002 Recorded: DECEMBER 9, County of: Washington 2002 Fee/Doc No.: 2002-149174 Book: N/A Page: N/A Reei: N/A Parcel#: R501905 Micro Film/Code Film: N/A State of: Oregon: Trustor: ROBERT E RUEDY AND DONNA L RiTEDY,HUSBAND AND WIFE Tnistee: WeRs Fargo Flnancial National Bank Beneficiary: Welis Fargo Bank,N.A. Naving received from the present Beneficiary under said Deed of Tnist,a written request to reconvey,reciting that the obligations secured by the Deed of Trust have been fully satisfied, dces hereby grant, bargain, sell and reconvey,unto the parties entitled thereto all right,tide and interest which was heretofore acquired by said Tn�stee under said Deed of Trust. Dated: 03/14/2005 Wells Fargo Financial National Bank �� -- '�� Julie Bloom Collateral Officer STATE OF MONTANA } COUNTY OF YELLOWSTONE }ss. This foregoing instrument was acknowledged before me,the undersigned Notary Public,on this 03/14/2005, by Julie M Bloom,Collateral Officer of Wells Fargo Fi ancial National k. YN p� Marilyn Packar ��'� •' .� Notary Public fo e State of Montana (saa'� Residing at Billings,Montana * ' �.� ; * My commission e�cpires:07/0112007 9'�' SE�'L ''{t� '�aF M��' _ � ��Ex ��r F " Waihlnpt,...�ow�ty,Orepon 2005-069310 O6I17/2005 0329:14 PM D-0�t Cnt�1 8fi�8 RECORD81 BARGAIN AND SALE DEED ss.00 se.00 st�.on•rosa�.szzoo GRANTOR'S NAME AND ADDRESS: FOR RECORDER'S USE II III II II II�,II�'�I IIII IIIII I II IIIIIIIIIIIIIIIII II � ROBERT E.RUEDY& DONNA L.RUEDY 00785520200500693100010013 14185 S.W. 100'"Avenue ��J�rry H�n�on,DlnCtorof Au�tam�rrt�ndT�=atlon Ti azd,Ore on 97224 �nd Ex-ORlelo Counly Cl�rk/or Wuhinpton CouMy, i;�-'"��`�`; B S Onpon,do h�nby c�Rly lh�t th�wlthln Instrumrnt of?`! �� widnp wu ncNvW antl �cord�d In th�EooN of ""' ncerd�o/�dd county. �1I ��' ' � �.'� GRANTEE'S NAME AND ADDRESS: +�+� `t J�rry R.Han�on,Dindor wnmat�nd 7uatlon, �� ROBERT E.RUEDY E,c�rnaio couneycr.�w 14185 S.W. 100'"Avenue Tigazd,Oregon 97224 AFPER RECORDING.RETURN TO: ROBERT E.RUEDY 14185 S.W. 100�'Avenue Tigard,Orcgon 97224 UNTIL REOUESTED OTHERWISE,SEND ALL TAX STATEMENTS TO: ROBERT E.RUEDY 14185 S.W. 100'�Avenue Tigard,Oregon 97224 ROBERT E.RIJEDY and DONNA L.RiTEDY ,Grantors,convey to ROBERT E. RiJEDY, Grantee, the following real property situated in Washington County,Oregon,to wit: The East half of Lots 13 and 14,TIGARDVILLE HEIGHTS,in the City of Tigard,County of Washington and State of Oregon;ezcepting therefrom,the North 110 feet of the East half of said Lot 13. The true consideration for this conveyance is dissolurion of marriage, a proceeding for which will be filed in Washington County,Oregon Circuit Court. Dated: June 17,2005 � � � R E.RUEDY DONNA L.RUEDY STATE OF OREGON,County of Mul�omah )ss. STATE OF OREGON,County of Mulmomah )ss. The above-named ROBERT E. RUEDY appeared before me 'I'he above-named DONNA L. RUEDY appeazed before me and acknowledged the foregoing instrument on the 17`�day of and acknowledged the foregoing instrument on the 17`�day of June 2005. June 2005. otary Public for Oregon No Public for Oregon OFFICIAL SEAL OFFICIAL BEAL LEE ANN MULFORD LEE ANN MULFORD �, ` N07AAY PUBLIC-OREGON >,: .-`J NOTARY PUBLIG-OREGON � COMMISSION NO.35A665 ' COMMISSION NO.35d685 MY GOMMISSION EXPIRES MARCN 22,2008 MY COMMISSION EXPIRES MARCH 22,2006 .................................................................................................................: �iLis instrwnentwill not allow use of the propaty descnbed in this instriunent ia violation of; ;applicsble laad use laws and regulations.Beforo si�g or accepting this mstrim�ent,the; :person acquinng fee tide W�he property should check with the appmpxiate city or coimty; ;plaoning departrnent to verify epproved uses and w detem�ine any limits on Iswsuits against: :fartning oi Corestprectices as de5ned in ORS 30.930..............................................: _........ ......................... Page 1 of 1 -BARGAIN&SALE DEED (14185 SW]00�'Avrnue,Tigazd,Oregon 97224) Owner: Robert E. Ruedy Oregon Measure 37 "Exhibit G" Property: 14185 SW 100th Avenue Tigard, OR 97224-4951 Property Use Description: 2S1 11 BB� Tax Lot 0500 Concerns and Impacts Issue Ordinance Ref. No. Description FLS COT Financial Ref. # Issue Issue Impact "Unlisted Use" for R-12 zoned properties is indicated within the COT Chapter 18.54.020, page 111 entitled "Procedures and Approval Process" (Effective 12/10/1992), reflects a cross referencing to COT Chapter 18.43 provisions for COT Chapter "Unlisted Use"of R-12 property. And it is not known at this time if this chapter has 18.54.020 been modified since 12/10/1992 (or superceded) to negatively impact the "permitted or 1. "Procedures and conditional use" as defined within those quoted Chapters from the 1/17/91 revised Maybe Yes Unknown Approval Process" code. Based on the code in effect at the time of original purchase on 12/10/1992, any (Effective 12/10/1992) modification or superceding of the"Unlisted Use"would be viewed as encumbrances on the use of the property and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. Note: The current (06/2002) Code Update reflects a cross reference to COT Chapter 18.230, but it is unknown as to what impacts this may present to the 1992 allowed use. Permitted Use for Item #8 "Residential Treatment Home" is indicated within the COT Chapter 18.54.30.8, page 112, entitled "Permitted Use" (Effective 12/10/1992), but is COT Chapter not shown as a "permitted use"within COT Chapter 18.510 Code Update dated 18.54.030 06/2002. Based on the code in effect at the time of original purchase on 12/10/1992, 2' "Permitted Use" its elimination from current code is viewed as an encumbrance on the use of the Maybe Yes Unknown (Effective 12/10/1992) property and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. Additionally, the definition of"Family" Day Care should include "Children" Day Care to maintain consistency with the 12/10/1992 code. (T2S, R1 W, Section 11 B) Page 1 of 7 December 1, 2006 Owner: Robert E. Ruedy Oregon Measure 37 "Exhibit G" Property: 14185 SW 100th Avenue Tigard, OR 97224-4951 Property Use Description: ZS1 11 BB� Tax Lot 0500 Concerns and Impacts Unrestricted "Family" Day Care use is indicated as a "Permitted Use"within the COT Chapter 18.54.30.10, page 112 entitled "Permitted Use" (Effective 12/10/1992), but is not shown within COT Chapter 18.510 Code Update dated 06/2002. What is shown COT Chapter within the COT Chapter 18.510 Code Update (dated 06/2002) is"Daycare", but is 3 18.54.030 additionally"conditionally" restricted to not allow"free-standing" Day Care Centers Maybe Yes Unknown "Permitted Use" without a "Conditional Use" application and discretionary/subjective review process, (Effective 12/10/1992) including all associated costs and fees and with no commitment as to outcome once the process is completed. Its elimination from current code is viewed as an encumbrance on the use of the property and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. Unrestricted "Home Occupation" use is indicated within COT Chapter 18.54.30.11, COT Chapter Page 112 entitled "Permitted Use" (Effective 12/10/1992), but is shown as a Restricted 18.54.030 use per COT Code "Table 18.510.1"within COT Chapter 18.510-4 Code Update dated 4. 06/2002. The restriction are specifically referenced to COT Chapter 18.742 and are all Maybe Yes Unknown "Permitted Use" viewed as encumbrances on the use of the property since its time of original purchase (Effective 12/10/1992) on 12/10/1992, and therefore a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. Unrestricted "Temporary Use" is indicated as a "Permitted Use"within the COT COT Chapter Chapter 18.54.30.12, page 112 entitled "Permitted Use" (Effective 12/10/1992), but is 5 18.54.030 not shown within COT Chapter 18.510 Code Update dated 06/2002. Its elimination Maybe Yes Unknown "Permitted Use" from current code is viewed as an encumbrance on the use of the propertyand a State (Effective 12/10/1992) of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. Unrestricted "Fuel Tank"use is indicated as a "Permitted Use"within the COT Chapter COT Chapter 18.54.30.13, page 112 entitled "Permitted Use" (Effective 12/10/1992), but is not 6 18.54.030 shown within COT Chapter 18.510 Code Update dated 06/2002. Its elimination from Maybe Yes Unknown "Permitted Use" current code is viewed as an encumbrance on the use of the property and a State of (Effective 12/10/1992) Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. - (T2S, R1 W, Section 11 B) Page 2 of 7 December 1, 2006 Owner: Robert E. Ruedy Oregon Measure 37 "Exhibit G" Property: 14185 SW 100th Avenue Tigard, OR 97224-4951 Property Use Description: 2S1 11 BB� Tax Lot 0500 Concerns and Im pacts Unrestricted "Utilities" use is indicated as a "Conditional Use Type"within the COT Chapter 18.54.40.04, page 112 entitled "Conditional Uses" and within the"Uses By Zone Matrix, Item#8" (Effective 12/10/1992), but is shown as "further restricted"within COT Chapter 18.510 Code Update dated 06/2002. What is shown within the COT Chapter 18.510 Code Update (dated 06/2002) is"Basic Utilities", but is additionally COT Chapter "conditionally" restricted for all other uses except water, storm and sanitary sewer 18.54.040 systems (which are allow by right) and must undergo a "Conditional Use"application 7. and discretionary/subjective review process, including all associated costs and fees, Maybe Yes Unknown "Conditional Use" and with no committment as to outcome once the process is completed. Because the (Effective 12/10/1992) 06/2002 updated code only reflects"Basic Utilities", there is a disconnect as to whether a conditional use review would even allow the unrestricted definition of"Utilities"that existed at the time of the original purchase date 12/1992 code section 18.54.40. This modification of the current code is viewed as an encumberance on the use of the property and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. Unrestricted "Parking Facilities" use is indicated as a "Conditional Use Type"within the COT Chapter COT Chapter 18.54.40.06, page 112 entitled "Conditional Uses" and within the"Uses 8 18.54.040 By Zone Matrix, Item#9" (Effective 12/10/1992), but is not shown within COT Chapter Maybe Yes Unknown "Conditional Use" 18.510 Code Update dated 06/2002. Its elimination from current code is viewed as (Effective 12/10/1992) an encumbrance on the use of the property and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. COT Chapter Unrestricted "Minimum Lot Width" is indicated as a "allowed"within the COT Chapter 18.54.050 18.54.50.02, page 112 entitled "Permitted Use" (Effective 12/10/1992), but is not 9. "Dimensional shown within COT Chapter 18.510 Code Update dated 06/2002. Its elimination from Maybe Yes Unknown Requirements" current code is viewed as an encumbrance on the use of the property and a State of (Effective 12/10/1992) Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. (T2S, R1 W, Section 11 B) Page 3 of 7 December 1, 2006 Owner: Robert E. Rued,, Oregon Measure 37 "Exhibit G" Property: 14185 SW 100th Avenue Tigard, OR 97224-4951 Property Use Description: 2S1 11 BB� Tax Lot 0500 Concerns and Impacts Within the COT"Uses By Zone Matrix" in effect on 12/10/1992, the"Residential Use Types", Item#6 reflects a "Group Care Residential" use as "Permitted Use", and COT Chapter 18.54 Without restriction, but is not shown within COT Table 18.510.1 within the Chapter 10. Uses B Zone Matrix" 18.510 Code Update dated 06/2002. Its elimination from current code is viewed as an y encumbrance on the use of the property unless it can be shown to exist elsewhere in Maybe Yes Unknown (Effective 12/10/1992) the code and unrestricted from the version in effect on 12/10/1992, otherwise it will be considered an State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. It is unknown if the 12/10/1992 Code definition of"Residential Homes" indicated in the COT Zone Matrix"Residential Use Types, Item#7" is exactly the same as the Table 18.510.1 "Residential"description entitled "Household Living"within the COT 06/2002 COT Chapter 18.54 updated code. Clarification and confirmation is needed as to the definition, unison and 11. Uses By Zone Matrix" any restrictions on the use of the property from the earlier version of the code to the Maybe Yes Unknown (Effective 12/10/1992) current version that would negatively impact the maximum density beneficial use of the property(ies). Any negative variation from the earlier code to the current code would be viewed as an encumbrance on the use of the property and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. It is unknown if the 12/10/1992 Code definition of"Hospitals", indicated in the COT Zone Matrix"Civic Use Types, Item#5" is exactly the same as the COT Table 18.510.1 "Civic Use"description entitled "Medical Centers"within the COT 18.510 COT Chapter 18.54 Code Update dated 06/2002. Clarification and confirmation is needed as to the 12. Uses B Zone Matrix" definition, unison and any restrictions on the use of the property from the earlier y version of the code to the current version that would negatively impact the maximum Maybe Yes Unknown (Effective 12/10/1992) density beneficial use of the property(ies). Any negative variation from the earlier code to the current code would be viewed as an encumbrance on the use of the property and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. (T2S, R1 W, Section 11 B) Page 4 of 7 December 1, 2006 Owner: Robert E. Ruedy Oregon Measure 37 "Exhibit G" Property: 14185 SW 100th Avenue Tigard, OR 97224-4951 Property Use Description: ZS1 11 BB� Tax Lot 0500 Concerns and Impacts Per COT"Pre-Application Conference Notes"dated 10/1/1992 and attached herein, for the said owner applicant while investigating the property under escrow for allowed COT zoning use, certain variances were allowed for 9 residences on one access, a setback variance for the existing house to accommodate the anticiapted lot line COT Chapter 18.54 minimums for the existing house as shown on the enclosed plat dated 2/7/1993, plus a 13. "R-12 Uses"" variance to allow more than six dwelling lots on a private street. It also states the minimum lot width as"zero"ft. and "corner yard set-back less than 10 ft. It is unknown Maybe Yes Unknown (Effective 12/10/1992) if these variances would currently be allowed under COT and other state and local codes, but any deviation from the notes and subsequent plats so stated, unless beneficial to achieving the maximum density use, would be viewed as an encumbrance on the use of the property and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. Any and all information specifically noted within COT Chapter 18.54 (in effect 12/10/1992)that is not applicable to R-12 Zoned Property, or would negatively impact COT Chapter 18.54 its maximum density beneficial use, is not required to be adhered to subsequent to the 14. "R-12 Uses" effective date of ownership on 12/10/1992. Any deviation or attempt to impose Maybe Yes Unknown (Effective 12/10/1992) additional use restrictions would be viewed as an encumbrance on the use of the property and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity or activities. Land Use, subdivision, partitioning, and all application, review, variance and other use related fees, costs and appurtenant requirements must only be allowed escalation at the national average of the annual cost of living increase (COLA) from the effective 15. COT Chapter 18.54 date of 12/10l1992. All increases of any fees, costs or other elements of maximizing a Maybe Yes Unknown (Effective 12/10/1992) City of Tigard "R-12 Zoning Use"will be viewed as an encumbrance on the use of the property and the reasonable cost to achieve that maximum zoning density thereby supporting an State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity or activities. (T2S, R1 W, Section 11 B) Page 5 of 7 December 1, 2006 Owner: Robert E. Ruedy Oregon Measure 37 "Exhibit G" Property: 14185 SW 100th Avenue Tigard, OR 97224-4951 Property Use Description: 2S1 11 BB� Tax Lot 0500 Concerns and Impacts In 1992, at the time of the enclosed "Pre-application Conference Notes", the "Private Access Road" Hammer-head lengths and intersection radii were established as 20' road width, plus a 5'sidewalk, with no set-back from property lines, and 20' radii cul-de sacs, was preliminarily approved based on the enclosed plat for COT compliance access/egress. Additional examples were provided this owner at that time reflecting COT Chapter 18.54 additional support of a 6 and 7 lot subdivision, and these are also enclosed. The 16. �Effective 12/10/1992) Owner, as stated herein, reserves the right under the State of Oregon Measure 37 Maybe Yes Unknown guidelines to achieve maximum density under the City of Tigard codes that existed in 1992, and also any changes since then that may benefit the maximum density use of said property(ies). Additionally, and any manner used to reduce that capacity will be viewed as an encumbrance on the use of the property and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity or activities will be necessary to remedy said owner. It is unknown if the 06/2002 Code Chapter 18.510.050 will negatively impact said property(ies), and close comparison will differentiate any negative impact COT Chapter 18.510 irregularities. Clarification and confirmation is needed as to the definitions, unison and �� "Development any negative restrictions on the use of the property from the earlier version of the code Maybe Maybe Unknown Standards" to the current version. Additionally, any negatively impacting variation of the earlier (Effective 06/2002) code to the current code would be viewed as an encumbrance on the use of the property(ies) and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modification of the activity. It appears that the 06/2002 Code Chapter 18.510.060 will negatively impact said property(ies), and close comparison will differentiate the negative impact irregularities. COT Chapter 18.510 Clarification and confirmation is needed as to the definitions, unison and all negative 18. "Accessory Structures" restrictions on the use of the property from the earlier version of the code to the Maybe Maybe Unknown (Effective 06/2002) current version. Additionally, all negatively impacting variation of the earlier code to the current code will be viewed as an encumbrance on the use of the property(ies) and a State of Oregon Measure 37 claim compensation and/or waiver, suspension, or modi�cation of the activity. 19 COT Chapter 18.54 (Effective 12/10/1992) (T2S, R1 W, Section 11 B) Page 6 of 7 December 1, 2006 Owner: Robert E. Ruedy pregon Measure 37 "Exhibit G" Property: 14185 SW 100th Avenue Tigard, OR 97224-4951 Property Use Description: 2S1 11 BB� Tax Lot 0500 Concerns and Impacts 20. 21. 22. 23. 24. 25. 26. 27. 28. (T2S, R1 W, Section 11 B) Page 7 of 7 December 1, 2Q06 .-- . i�..-�V ( Ct:aor c.: 1 9 . 54 �7 C/ --—- ---- — _ __ � �X.� c Q Z� f-I R-12 : hNLTIPLE-FA.MILY RESIDENTIAL (12 UNITS PER ACRE) � Sections • 18.54.010 Purpose 18.54.020 Procedures and Approval Process 18.54_030 Permitted IIses 18.54 .040 Conditional uses (See Chapter 18.130) 18.54.050 Dimensional Requirements 18.54 .060 Additional Requirements 18.54 .010 Purnose �• The purpose of the R-12 zoning district is to provide for single-family attached and multiple-family residential units for medium density residential det-elopments. (Ord. 89-06; Ord. 83-52} 18.54 .020 Procedures and A roval Process A• A permitted use, Section 18.54 .030, is a use which is allowed outright, but ..is subject to all applicable provisions of this title✓ If a use is not _ - -----�--- � liste as a permitte�use, it may be held to be a similar unlisted use under the provisions of l,Cha ter 18.43 .`�Unlisted Use. ;�� l�'6`;;_� .�._ �-c-',,:� . , �,-� : , �, , , r_ --- _. , . . - -- - - .-.-. - .__;__ _�_ , B- A conditional use, Section 18.54.040, is a use the aoproval of which is discretionary with the Hearings Officer._ The approval process and criteria for approval are set forth in hapter 18.13�6; Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. {Ord. 90-4I; Ord. 89- , 06; Ord_ 83-52) ) 18.54 .030 Permitted Uses A• Permitted uses in the R-12 district are as follows: 1_ Single-family detached residential units; 2- Duplex residential units; 3 . Single-family attached residential units; 4. Multiple-family dwellings residential units; 5. Residential care facility; 6• Mobile home parks and subdivisions; , �: � l_i S'i 1 N C, C"v�v T r�l l;� [�. 1� iV EY.� l'�C-*� l Revised 1;1 i/91 Page 111 7 . Public sc' �rt services; - � - _ -- - __ ---- �` . Res ident ia! reatment hcan._• ` 9 . manufactured homes; � .- __ _ _--_----_. \.10_ ramily day �are; ' �•.c`a'�i�;(ct�)1t� �'E:�.'",��•:�irc,.;� I�� .�c�UL b'_Ic'��,v, � _ ___ __ _ —.�_ 11 . _� }{ome occup��t ioc�_ � (� t;U:4= ��C� �z-�. `CC: Cu� Lt�tf-`•��+Ci� l�.'7�2 t:E;�— r 0 �iL�� >� t�l�'�i"E�G i„s �.c::c. v c� i Y�E,.i7�tii� '� S�T.i c��t-= �!i'�dc �� `i�d:. �'- ---- -- __—_.. 1 L_ 12 -- Temporary t� e;�, i :, 1 tf'�� K Ek-t�=�,.r'� �c� r"��_�� "i i=A�aS��ic:.��:�. �ihs.:S�h;t�`: � ° ��i��^� ___ _ _ !"'\1 'i'-t� :s��. V��1� - ,c: i � = --, � `13 • _ F��al Tank: cr . ._ � , I . . , . , .. ., - �1 .�.�,�p,; �-;'r� !�: 6 r;� "y� ��sc 14 . Accessory structures. (Ord. 90-41; Ord. 89-06; Ord. 85-15; Ord. 83-52) 18.54 . 040 Conditional Uses (See Chapter 18 130} A. Conditional uses in the R-12 district are as follows: 1. Community recreation, including structures; 2 . Religious assembly; 3. Schools and related Eacilities; L`. Utzlities, `� �h _ __ _ -------__ ---- �__i�„�•, _ �= ; _ ,__.. 5. Residential care facility; ----- - o. Parking facilities,��.. �; _ - __ ___- — -- -�_ �-• - . - . , ., _ � _ _ _;-- --'��. 7 . Hospitals; � 8. Lodge, fraternal, and civic assembly; and 9. Children's day care. (Ord. 90-41; Ord_ 89-06; Ord_ 87-03; Ord. 83-52) 18.54 . 050 Dimensional Requirements A_ Dimensional requirements in the R-12 district are as follows: 1. The minimum lot size shall not be less than 3, OSO�square feet per unit; - - __ _ , 2_ There is no minimum lot width requirement; and� 3 • Except as otherwise provided in Chapter 18.96 and Section 18. 100.130, the minimum setback requirements are as follows: a• For multiple-family dwellings the front yard setback shall be a minimum of 20`�feet. For single-Pamily dwellings the front yard shall be a minimum of lS �feet; b. For multiple-family dwelling units on corner and through lots, the minimum setback for each side facing a street shall be 20 feet; however, the provisions oE Chapter 18. 102 musC be satisPied. For single-family dwelling units the minimum se[back for each side facing a street shall be lO �Eeet; however, the provisions of Chapter 18. 102 must be satisEied; / Revised 1/17/91 Pn�e :12 c. Fo� �ultiple-fam:ly d•.+N:lin�s Chr s yerd secback, shal '_ c? a � mi. ,�m of l0 feeC . For sin�:�-fem, -:vNllir,gs �he sida �rd setback shall be Eive tee! •xcept [his shnll not apply to attached units on Ch• lot linr on vhi_h �he units are atta�hed; 1 d• For multlple-femlly dwe111nQs th• reer yerd setback shall be a minimum of 20 feet . For s1nQ1�-family dwallings t}1e rear yard shall be a minimum ot 15 t�+t; e• Where the side yerd or r�nr yerd oE nttnched, multiple-�arnily or single-Eamily dwellinQs nbu[ n more restrictive zoninq district, such setbacks shall not bo l�ss [hnn 30' feet; and f• The distance between the property line and the front of the garage shall be a minimutn of 20 Eeet; � • Except as otherwise provided in Chap[er 18.98, no building in an R-12 zoning district shall exceed 35 feet in height; S_ The maximum lot coverage shall be 80'percent including all buildings and impervious surfaces; and 6. The minimum landscape requirement shall be 20 percent. (Ord. 89-o6; Ord. 85-32; Ord. 84-29; Ord. 83-52) 18.54 .060 Additional Requirements A. additional requirements in the R-7 district are as follows: 1 . Residential density transition, Section 18.40.040; 2. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands, 18.86 Action Areas, and 18.88 �� So2ar Access Requirements; � 3. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18.�02 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off-Street Parkinq and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 Signs; 4. Site Development Review, Chapter 18.120; 5. Development and Administration, Chapters 18.130 Conditional Use, 18. 132 NonconEorming Situations, 18.134 Variance, 18.140 Temporary Uses, 19.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 6• Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning - Lot Line Adjustment, and 18.164 Street and Utility Improvement Standards. (Ord_ 91-02; Ord. 90-41; Ord. 89-06; Ord. 84-29; Ord. 83-52? .� ^' e P� � . . i Page 113 . , � � . _ . , � ��1�7 ��c� CITY OF TIGRRD � u x� `� 17 J N USES BY ZOIVES MA7RIX ��/ — T (tp � "P" = Perniitted Uses `'� � "C" = Conditional Uses which may be perniit#ed subject to the •• approval of a Conditional Use Permit application. "X" = Use is apecifically prohibited � ZONES R-1 R--2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 C-fil C-G C•-P CBD I-H I-L I• RESIDENTIAL USE TYPES • (1) Single Family Detached P P F P P P 4'� P P X X X ' X X X X (2) Duplexea X X � C � p P '�� P P � X X � X X X � (3) Single Family Rttached X X X C P P�''�� P P X X X P X X X (4) Multiple Family X X X X X P � P P X X P(R-40+) P X X X t�!�,� �,�:,i.u� . (5) Group Fesidential�y�-�'�v1' „� X X X � X C � C P X � X X X X X ;��t;in,,:, (6) Group Care Residential C C C C C �P P P X X X C X X X ` (7) Residential Homes P P ' P P P <P. P P X X X X X X X (8) ,Children's Day Car•e C C C C C t:X� X X P P P C X X P _ ,. � , �„ .- ., ., ,._. . , � , -._ `, (9) Manufactured � P P P P P P� P P X X X � X X X (10) Mobile Homes X X C C P F`�` P F X X X X X X X . 1 !� .. \� �=x{�1�'>t T' �� }'Ca,� � ZONES R-1 R-2 R-3.5' � R-4.5 R-7 R-12 R-25 R-�0 C-N C-G C-F CBD I-H I-1 I-P •CIVIC U5E TYPES (1) Public Rdministrative Agency X � X X X X X X P P P P X X X (2) Conmunity Recreation C C C C C C ' C C X X . X P X X X � � (3) Cultural Exh. 6 Library Serv. X X C C C X X X P P P P X X X _ .�,.-�, � ,,,. . � .. ._ . (4) Public Support Facilities F F F P P F P F X P P P P P P (5) Hospitals, ;-'. :� , . .X X C C C C - C C C C C C X X X (6) Civic 5ervicea A X X X X X�' X X � � � P � �` �` (7) Lodge,Fratern.G Civic Asaem. X X X X X C - C C C P P P X X X (8) Utilities C C C C C `C� C C C C C C C C C (9) Parking Facilities X X X X X �, C C C P P P P P P (10) Postal 5ervicea X X X X X X� X X P P P P P P P (11) Public Safety Facilities C �C C C C X X X P P P P P P P (12) Religious Assembly C C C C C • C` C C C P X X X X X � � (13) Schools C C ' �C C C C �' C C X X X X X X X (14) Accessory Dwelling Unit C C C C C X X X X X X X � � X ZUIVE MA71tIX - FRGE 2 R G-8b . _ �` ��1'(�� .�" " fi'�' .3 . c�r--- T� ZOIVES R-1 R-2 R-3.5 R-4,5 R-7 R-12 A-25 R-40 C-fil C—G C—P CBD I—H I—L I—P _ C(N�94ERCIAL USE 7YPES (1) Adult Entertainment X X X k X X X X X C i� C X X X (2) Agricultural Sales � Se nr, X X X X X X X X X P1 + X X P P X (3) Agricult. Horticulture Ser�. X X X X X X X X X X X X X P X (4) Amusement Enterprise X X X X X X � X X X P X P X a X (5) Anin�al Sales 6 5ervices a. Auctioning X X X X X X X X X X X • X P P X b. Grooming X X X X X X X X X P P P X X X c, Kennels X X X X X X X X X X X X P P X d. Yeterinary—Large � X X X X X X X � X X X P P P e. Veterinary—Small X � X X X X � X X X P P P P P P • ,,. ��I-�t 43 i �" :T '' ��- �' I C��= '7 ZONES R-1 R--2 R-3.5, '• R-4.5 R-7 R-12 R-25 R--hQ C-aV C•-•G C--F CI�D I—N I—L I—P :OhP1ERCIAL USE Tl'FES (cont.) ;6) Automotive £ Equipment , a. Cleaning X X � X X X X � X P X P P P X i 6. Fleet Storage X X X � X X X X X C � X X P P X c. Repairs, Heavy fquip, X X X X X X X X X X X X P P X d. Repairs, Light Equip. X X X X X X � X X X P X F P P P e. Repairs, Body, light X X \ X � X X X X X X X P P C f. Sales/Rentals, Farni Equip. X X X X X \ X X X C X X P P X g. Saleo/Rentals, Hvy.Equip. X X X X X � X X X C X X P P X h. Salea/Rentals, Lgt. Equip. X X X X X X X X X P X X P P F i. Storaqe, Nonoperatinq Yeh. X X X X X X X X � X X X P X X j. Storage,Recrea.Veh.f, lioa#s X X X X X X X X X C X X X X X (7) Building Maint. Servicea X X X X � X X X X X F P X P P (f3) Dusiness Equip. 5ales f, 5erv. X X ,tX X X X X \ X X P P X X P (9) Business Support Services X X X X X X X X X F N F � � P (10) Canmunications Servicea X X X X X X X X X X P P X X P (11) Construction Sa1es � 5�rv, X X X X X X X X � � � � P p P (.l2) Cons�amer Rc�air Services X X X X X � � � �' F' � f' � � X t01VF. MRTRIX — PAGE 4 R 6--f3G � "�X�-�-i�i�r � N �,�" .. � � ZOhIES R-1 R-2 R-3,5 R-4,5 R-"! R-12 R-25 R-4Q C-fil C-G C•-F CKD I-H I-L I-P COhSMERCIRL USE 'Tl'PES (cant.) (13) Conven. Sales £ Pers.Serv. X X X X X X X X P P P N X X P (14) Eating � Drink. Establish. X X X X X X X X C P' : F P X � P (15) Explosive 5torage X X X X X X X X X X X X P X X (16) Fin.,Insur.,� Real Estate Srv X X X X X X X X P P P P X X P (17) Food f, Beverage Retail Sales X X X X X X X X P P X P X X X (18) Funera7. f, Internient Services a. Cremating X X � X X � X 7� X P X X X � � b. Interring � X C C C X X X \ X X X � X X c. Undertaking X X X X X X X X X F a X X X X d. Cemetariea X X C C C X , X X X X X X X X X (19) General Retail Sales X X X X X X X X X P X P X X P (20) Laundry Services X X � X X X X X X X X X X A P P (21) Medical 6 Dental Services X a X X X X X X P P P P X X P 7fri''- MRTeTX — PRGF " `i EXN��T :�`' � �C� ,�� I �^�� 7 ZOIVES R-1 R-2 R-3.5 �. R—h.5 R-7 R-12 R-25 R—�40 C-fil C-�G C—P CBD I—N I—L I—P • C0�'P1kRCIAI USE 1YFES (cont.) (22) Participant Sports $ Recrea. • a. Indoor X X X X X � X X P P P P X X P b. Outdoor X X X X X X X X a F `` P P � �` P (23) Personal Service Facilities X X X X X X X X X F F F X X P (24) Profess. � Adm, Services X X X X X X ' X X F F P F X X P (25) Research Services X X X X X X X X X X P X P P P (26) Scrap Operations X X X X X X X X X X X 'X P X X (27) Spectator Spts.� Enter. Fac, X X X X X X X X X P X C X X X (28) Tranaient Lodging X � X X X X X X X X P P P X X X (29) Vehicle Fuel Sales X X X X X X X X C P X C P P/C P L(�IE MR'fRTX — PRGI• f, R 6-86 ' � �� - ��I�IT � ��, � .. �� `� ZOMES R-1 R--.?_ R-3.5 R-4,5 R-7 R-].?. R-25 R-�FO C-N C-G C•-P CI3D I-H I-I_ I-P , TIVDUSTRIAL USE TYPES (1) Liqlit Induatrial a. Mfy, of Finishecl Frocl. X X X X X X X X X � ', X X P P P b. Packaginy � Processing X X X X X X X � � � � � P P P C. Wholesale, Stq. £, Distri. X � a X X X X X X C X C P P P 1. Mini-�blarehouses X X X X X X X X X C X � P F P 2. Light X X X X X X X X X X X • X P P P (2) Heavy Industrial a. Mft. of Finishecl Prad. X X X X X X �: X X X X a P F F b, whalesale,Storage f, Dietr•ibution - Heavy X X X X X X ' X X X X X X P X F Farn�iny P F �', P P P X X X X X X X P P X Hom� Occupation� F F F P F F F P P F P P X X X Neliports X X X X X X X X X C C C C C C DRS:bs110 � " �; �1 �f.� _7l.ZV �� ;�� / � � � ��. � "�Cxm�3► � I�� , CITY OF TIGRRD � ` � � a ZONIhIG REGULFlTIONS SUi•Y•iRRI': DThiF.MSIONFlL ST'ANDAhDS / � � January, 1986/Revised t�iarch, 1987 � �1 a.�, � �� ,\ � -,\ , \\ NO1�E. 7his is inlenGlecl to be a brief yui.de only, ;,� U� Z � ' � ` Additional inform�tion is availabl�. �.f - Call Planning at 639-•h171, I� ` __ �._..._.._.._.----------- ------ --- _._.�.______��_.__._.�__�.�.—_� � `!� �� hiTIVIMUM RVERRGr MINIhiUM MIIVI�iU�f LOl' h{INIhSU�S hSINIhiUM hfINThfUM fUR Fh01Yf 5C1'Bf�CK MAXIMUM MRXTMUhS SIZE(d) LQT FFQIYT �:[DE RERR CORNtR •� FOR 5T'T'E BUII_UIhIG MAXIMUM h10. ZONE SQ.FT. WIDTFi YRRq(�,b)��Wl'�11.D(a)_Y�1RD(a)� THRU LOT'S(a) GARflGES COVERRGE HEIGHT OF UNITS/AC� l . ......._... _._.._ __ _...__..�—. �........ R-1 30,000 7.00 f�k 3Q f•t. 5 ft 25 f�t 20 1't 30 f�t N/A 30 ft 1 R-2 20,000 100 ft 30 ft 5 ft 25 ft 20 ft 30 ft N/R 30 ft 2 R--3.5 1Q,000 65 ft 2U ft 5 ft 15 f�t 20 f•t 20 ft N/A 30 ft 3.5 R-4,5 7,500 = 50 ft = 20 ft 5 ft 15 ft 15 ft 20 ft N/A 30 ft 4.5 det�ched detached 10,Q00 = 90 ft = °- duplexes duplexes ` R-7 � 5,000 � 50 ft = 15 ft 5 ft 15 ft 10 ft 20 ft 60x 35 f# 7 detsched+ detacl�ied (c) duplexes �FO ft. _ a�ttached a�ttached R-12 3,050 MpNE hiF=?_U f•t MF=10 ft hfF=2Q-f•t MF=2Q ft 7_0 fit 80'S 35 ft 1Z 5F=15 ft 5F- 5 F•t SF•-15 ft 5F=10 �ft ��) R-25 SFD-3,050 NONE '2_0 ft l0 ft 20 ft 20 ft 20 ft 80� h5 ft 25 SFD-3,050 , (c) DUP-3,050/unit ' MF -1,R80/uni.t R-h0 NOME N014C 20 f t 10 f i ZQ f•t 20 f•t 20 f�k f30 e 60 f t AO C-14 5,OOU 50 ft 20 ft RFS.= �ES,= 20 ft N/A 85% 3� Ft 40 2.0 ft 20 ft �y�� .;--_ � ,.. __ � �k��i,� ��, �..z � MINIhiUM RVERRGE hiIMIhfUhf MTNIMUM LOI� �iTNIMUM MII4It�UM hilMIhiUM FOF FRONT 5CT'BRCK �fAXIhiU�f Mf�IhSUM SIZE(d) LOT FRONT SIDE RERR CORNER + FOR SITE BUTLDIIVG MAXIhiUM h10. ZONE SQ.FT. �IIDTH YAFD(a,b) 1'FlRD(a) YARD(a) THRU LOTS(a) GARRGE� COVERRGE HEIGH"f' OF UNITS/ACRE C-•G NOIVE 50 ft NONEI� NOINE NOhiE MONE(4 14/Fl 85� 45 ft N/A AR=20ft RR=20ft C—P 6,000 5Q ft NONE@ hIONE NUNE NOME@ N/� 85x 45 ft N/R AR:20ft RR:20ft CBD NONE hIONE NQME MONE ° NONE N/R hi/R 85k 80 ft@ N/R NON—RE5 30 ft AR:30ft RR;20ft C13D—RES NONE IyOMC 2p ft 10 ft 7_0 ft 20 ft 20 ft SU� 60ft N/A (R--40 $ fihiR:35f t Ri�1R;35f t R-12) I—F NOhIE 5U ft 35 ft 140NE NUhIE 20 ft IV/A 752 45 ft N/A AR:50ft AR:50ft T--L NOIVC 50 f�t 30 ft IVOIyE MOIVE ?_Q ft N/fl 85% 45 ft M/A , RR;50f# RR:50 ft I—N NON[ 50 ft 30 ft NON� MUNE 20 ft N/R 85�5 45 ft N/R AR:50ft AR;50ft (a) Visual clearance areas must be maintained. (18,102) (b) hiF = hiulti—family; 5F = 5ingle family ciwelliny units (c) Where thie sicle or rear y�irtl of att�cherJ sin��le f�mil.y or• mu.l.ti-•fami.ly r•esiclential clwell.inys ab�.�t � moi°e restrictive xaniny diatrict, such setl�acks shall not be less tl�ian 30 •Feet. (d) Adcli�tional inforn�ation is available pertainir�g to "Grandfather Clause" nri ln# sixes ancl dimensions. (4 If wzthin 100 ft. of resideritial area, then 40 ft. @.(� See Yisu�l ClearancH Rreas, Landsscaping ancl Screeniny Chapters of Code RR When a propei�ty line aauts a residential zone f1�SR When a property linc� abuts a more restric�kive residenti�l zorie U09MrJ/0004L1 � CITY OF TIGAF2D "��1�J l� �...o`I PRE—APPLICATION CONFERENCE NOTHS DATE: �� —l� �� APpLZCANTs RD��O.,K`.s► K.u� AGENT: Phone: � �-`f6'3`�7� Phone- PROPERTY IAC'.ATION ' ADDRESS: / � ! �S Sw !ap TAX MAP & TAX LOT: 2..5 I 1l C3� � S`aC NECESSAR�PLICATION(S : S tJ �i ✓i �" �l t S ,�2 � � V� ; . _ E�i st-i w� �y� PROPOSAL DESCRIPTION: S � S D � 1 A�.�ow S/x j�W�LLIn�G , ; cors oN q P,Q�✓Ar� srn�7" COMPREEiSNSIVE PLAN DESIGNATION: /�/lc�°d - Q.-.-c�� (\�°��=�a � ZONZNG DESIGNATION: �� 'Z PIEIGHBORHOOD -PLANNING ORGANIZATION.#�_ CHAIRPERSON: s�- �� PaorrE: 6 3 4-8S'Q 7 ZONIPIG DISTRICT DIMENSI�NAL REQ4IREMENTS Minimum lot size: 3�oso sq. ft. Minimum lot width:, � ft. Setbacks: . front- t.S ft. eide- �ft., rear- f s ft. garage- 2� ft. corner-_, ft. from both etreeta_ Maximum site coverage: So$ Minimum landscaped or natural vegetation area: �o$ Maximum building heightn 3S ft_ ADDITIOPIAL LOT DIMENSIONAL REQIIIREMENTS Mininium lot frontage: 25 feet unless lot is created through the minor land - partition process. � Lote created as part of a gartition must have a � minimum of 15 feet of frontage or have a minimum 15 foot wide access easement. - Maximum lot depth to width ratio of 2.5 to l. ?�4:._.: � . - . •:L ':'` SPECZAL SETBACKS �,t-.� `- �,,�.,,._ Streets: ft. from centerline of i+: . Established areas: f�. from Lower intensity zones: ft., along the site's boundary '"'-�� ' _ Flag lot: 10 ft. aide yard setback ��°'' �'� Accessory etructures: up to 528 sq. ft. in eize=5 ft. setback from side �, and reax lot linea ��x, 4�� ,a � ` Accessory etructures: up to 1000 sq. ft., (where alloc+ed) - See �r „ �` ': �: applicable zoning diatrict eetbacks � � ' Zero` lot line lots: minimum 10 foot separation betwcaoa buildinqs ;:� a '' , �'t Multi-family residential building separation:' See Code Soction 18.96.030 �� '��. . � . . . . . . �L ;, �', Page 1 o- ; :, y � r, � , r,, � *: � , f , ry �r. 7 � . �.' o j. �:,;. `'j6 � � ''i �l��. t �.. R ` rr .* S.. {x' 3'' . � . �r.: . � . � '�a�.'. . � ' ' . � i t ��'� . . �. " :, �* I� y' F , �.- + �,� ` �� I`i-1 Cy� �. V�l. 1 UO~'�1v�..I '^L,O� 2 I-.�' ��71 n-1-.1�� '' --. ----- i`7��Ga.�D,o� _: _�F' __Z��o_�� i �+� °�-zB-�Z ;rC. -,--- _._�?z2 ,. _�_�La.--- - -��-�=- ti`'% 'oF � � � %" t f=�---�=�-- , - - PARC�L h�EA = �2 ��3.08 �F Lv� �.F/c.s�A��.1 �� S��ET �7: c�- �.��.Y = 3344 oU �F �c�: � "=40.0' `Dc-vELcP�:�.�� A��A = a��.q�j .pg �� I (�b�SE� `� Z.10 CN.�(3fl_�� -� �- s3c�y S1�BL71V 1SID1� � �' ' p�, i �'io.�� .z:' '� I ; , ' .Zy �--, �W W s��,��. •g «= o'�� o �lb0 �r- r:'�. dJ + �c�.�S 4�_ �G.Z .s'a7 � x Y" .. � �ZS.30 5F .< . - - - - �' - - d\o�\�i^�( , �_ . — � �.. � Z y�� 3�y�;i c 2�-,Q r� �, � -{�(�,�,� L�li-�i.. � '� ,,fC.�O ��' °f�- rF � l� . �� . � °� .�� z -- - — `� i.. .� ag -�13��IsF �� Go �� c P S5 �' �, IaV � �; , � �. � . `" G:Z33.sg .� � 'CpL Ig`�j:�OC�� 1 �J i m N � � � r� , � v , L�I `� � (l � � � 0.20� _ 7ZOo� � o � " G� . 84,50` T , ` _ - ,,� ry �� . , �' +° 1 5, -- Ezr,T �. ��r'r`'i�� `� `� E x r5-rr�,�; C�AP�I,G� �� ,',, w `g HoUSE , .,�.�' o� ---�. �` �-. �2 31.6¢: � � � C,,� � _ l;� �� 30 � s �� °�r z G.00�' � �A un��,..�" n,..d � � P y � � � --_- �� ,��`'�-.� � r�.�� ` �- '^ ��' s�.70`� -- - . - - - _� ,-�F �. �. �'��'�'�� Z.53Cf1.//(�,?.2� q , � ,��r�.C:� o N — _ L) s. w - I�o r�t ��iENllE � — � �-- `� LXt�t!(31+� L`11 H�2:) , 295.6} 295.�295.51 � V U Q U RETA1NfN ¢ + 3oa.a3 c wA�� c� + 3o�.ao ¢ S 89'41'27" W + aoa.a8 + 295.43� 00.37 . 97.89� 298. 2s�.si 9�9----- . ±� 37•00' I + 30253 I ` � � 00.77 r � R�1.5.0�. � � � �29 .82 � S` I �'=1C1Q��\ + 307.24 + 305.25 � I� U _1 ¢ � �=�so' � �, 3o4.�s 09.92 t�99.17 O � \ 305.98 �4.� � C'.J �J ` � � � V �}. ,d" � � -, - -=- 1 . �09.45 Q EXIST. Q S `9 ��= � ^ � a� 4+ aaaa� c�tace EX{S1lNG 300.3d� 300. Cil 5' ' , �1 .93 � + 303.10 � . Q 309.99 + 309.da DRIVEWA d. '�11.16 3 .86 , .6�0.98 � -- - - - - - - -- - - - - ��r --'� � `�.a3 299.81 � � ` Zp, - - - -- - - - - - - - 304.37 +303.94 0 Ct,i � S� � �12.04 � ` 301.56 ¢ � e �1299 (� � �� rn � , 5 �xisT � � �7252 M (d1 HOUSE 0 304.71 Q .0� U 3.20 37�+ t 310. �604.32 Q Q 16 82.4�� ` �1233 � . 0 , 305.�3 305.05 04.1� 303.25 303.8�3p3.fi1 O � '�J O 9 73.67 05.07 o� 6-+ a., O '�` � o +305.52 + 305.30 + 305.� a io m � ;� d- �17.7 8 `9 +308.37 IN M 11.51 1�,3 �9.14 + J07.44 � w U.97 �� 11.67 � • Q O ,o° � + 315.85+ 315.35 8¢ �,� � `� - -- -._- - - - - -- - - - - - - - - - - - - -- - - - - - - - - - - - - - - --- - - -- i- 30 99 I� � � Q N p '� + 313.58 - . � �Z t� � � - 4 � dJ 9 O � � m �1 � a(1 � s m , c��,oo' , + � °�°�.43� + 3�2.�t + 3os.s3 o4ob' + 3o�.4E � 9 a- y�p5a 308.0 308.03 N 89'41'27" E 295.43' ¢ 3�� a �U 4 U � � T � � a�� S E P � � ��,,y� �Q�W 308. 4 ��^ � - '�W= U 310.28 _SCALE.__!_-30._0__ �a�A Q � ��O? � � LINE IS 1 INCHE9 � AT FULL-91ZE �. y �1418. 5 RU E DY S I TE PL�N � ppG 1 IZobert �. & llonna L. lZued criqr-�tK[�cEao�r� FILE DRAWN r��J.7,I°l93 oea�aNeoR• R�EDY ��,RTI T(UN ____- P R�J E CT T1 TI�� 141$S$.W, IDOIh Avcnuc, Tigard, �R 97224 (503)G20.Sqq7 CHECKED�� RuE� ONE REV. DESCRIPTION 8Y fDATE APP. �` �� L�YUU� BMEET NUMBER CNECKEO RE V I$ION3 ' u �XH-1�17' N `' Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: � 18.510.010 Purpose . 18.510.020 List-af Zoning Districts ' 18.510:030 Uses 18.510.040 Minimum anc�Maximum Densities 18.510.050 Development Standards , , • 18.510.060 Accessory Structures 18.510.010 Purpose A. Preserve neiQhborhood livabilitv. One of the major purposes of the regulations governing . development in residential zoning districts is ta protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential . development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services --at appropriate locations and at an appropriate scale. -� - � � ' B. Encouraee construction of affordable housine Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable j��;�;t;`-; . : prices is encouraged. This can be accomplished by providing residential zoning district� of varying ': �;��;z:f,us�,�� densities and developing flexible design and development standards to encoura e innovation and ��`l�`��` j''� reduce housing costs. g 18.510.020 List of Zoning Districts A. R-1: Low-Densitv Residential District The R-1 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 30,000 square�feet. Some civic and institutional uses are also permitted conditionally. � B. R-2: Low-Densitv Residential District The R-2 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 20,00�square feet. Some civic and institutional uses are also permitted conditionally. . � C. R-3.5: Low-Density Residential District The R-3.5 zoning district is designed-rto.accommodate detached single-family homes with or without accessory residential units at a mi.nimum Iot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses aze also pemutted conditionally. _ D. R-4.5: Low-Densitv 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. �ome civic and institutional uses are also permitted conditionally. E. R-7: Medium-Densitv Residential District The R-7 zoning district is designed to accommodate attached single-family homes, detached single-fainily homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home.parks and subdivisions aze also permitted outright. Some civic and institutional uses are also pemutted conditionally. - Resid�ntial Zoning Districts I8.510-I Code Updale: 06/02 , ' ' F. R-12: Medium-Densitv Residenrial District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. G. R-25: . Medium High-Densitv Residential District The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-fanuly and multi-family housing units at a minimum lot size of 1,480 square feet..A limited amaunt of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are perraitted conditionally. H. R-40: Medium Hieh-Densitv Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single-fanuly and multi-famity housing units with no minimum lot size or maxiuium density. A lunited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. 18.510.030 Uses A. Tvpes of uses. For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to a11 of the applicable provisions of this tifle. If a use is not listed as a perm.itted use, it may be held to be a sunilar unlisted used under the provisions of Chapter 18.2_30� � _ _ _ - - -- �s , �i :�. ° �• �� ;v �;- -�w- �� 'Y r;� , �_�_, , � .- �� -�' '1 , ' , . -�- -- -_ _ __-. _ - l`��j��'°'Gi ) 2 A restricted(R)use is permitted outright providing it is in compliance with special requirements �^� r��Z j; exceptions orrestrictions; , � �E1�S-��.� . �� , ,��,�� , - ; 3. A conditional use (C) is a use the approval of which is discretionary with the Heazings Officer. � The approval process and criteria are set forth in Chapters 18.310 and 18320. If a use is not listed as a conditional use, it may be held to be a similar`unlisted used der the provisions of Cha�ter 18.230• ,,.: __ , _ - _ _ - � — --- _ ---_- . _� _ : � - ^�� 1 :,; . . - , -� � _ _ - -- z3.I3G t o�5� ;��:: �;� y� ';j' �'E;",� �r ��: � ,, , , . . �.. 4. A pro ite �use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, liinited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. Residential Zoning Districts 18.510-2 Code Update: 06/OZ ' � / TABLE 18.510.1 USE TABLE _ USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 ! 1 . RESIDENTIAL =� . . ; `.� ,.` �,_ . � Household Living ";�, ';,��.��c. i-��rv.�� P P P P P P p p �'•t:Y��- ` Group Living - , ' �� ,',:=,=�„:� : ,. R�/C R`/C Rt/C R'/C R�/C R'/C' R'/C R�/C --,- -- TransitionalHousing � - � - N N N N N C � C C Home Occupation RZ Rz Rz RZ RZ R�, R2 RZ , , - � '��; _ �_ , � �.�,�: _. � HOUSING TYPES - � � , '. - > nr�s Single Units, Attached N N N Rg R9/C p+�,. p � p� �� , -'`? Single Units,Detached p p p p p � .' P P �' .;-" �a��: `Accessory Units' R3 R3 R3 R3 Rs R3 R3 R3 Duplexes N N C C P g; p p Mulri-Family Uaits N N N N N � P''`, P p Manufactueed Uaits p p p p P ; P�% P P � Mobile Home Parks/Subdivisions N N C C P , p �� p p '4 . I _ . �..., . ' � � CMC(INSTITUTIONAL) - -_ • '._ , : _, _-_ � Basic Utilities i= C° C° C° C4 C4 �C' C° C4 Colleges - _ ` ` ' C C C C C � C C Community Recreation C C C C C C C C CulturalInstitutions N N C C C �C N N Day Care P/CS P/CS P/CS P/CS P/CS P/CS P/CS P/CS Emergency Services C C C C C I� N N Medical Centers : ' _ � N N C C C C� C C Postal Service � ` ' N N N N N N`` �, N N Public Support Facilities p p p p p P� P P Religious Institutions C C C C C C'✓ C C Schools C C C C C C`� C C Social/Fratemal Clubs/Lodges N N N N N C�� C C ,, j. CO?�IMERCIAL >>�, ,— ,� . .�. , � �'�a:�.� _. . Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment , N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R�� R�� - Personal Services N N N N N N R�� R�� . - Repair-Oriented N N N N N N R�� R�� - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N - A.nimal-Related N N N N N N N N Residentia!Zoning Dutricts I8.S10-3 Code Updare: 06/02 � � TABLE 18.510.1 (CON'T) USE CATEGORY R-] R-2 R-3 5 R-4 5 R-7 R-12 R-25 R-40 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N , C10 C�0 C�0 ' INDUSTRIAL � � Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - Generallndustrial N N N N N N N N - Heary Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N � OTHER Agriculture/Horticulture p6 P6 P6 P6 pb N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R� P/R� P/R7 P/R� P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Cond.itional Use N=Not Permitted �1.�,��. �_; �Group living with five or fewer residents permitted by right; group living with six or more residents � pemutted as conditional use. �:£�i��rv i�.E,- z N�+'+'�� Q'C:�FQ"�' r�ermitted subject to requirements Chapter 18.742. �{��"�+u�t �fr'rs° �Permitted subject to compliance with requirements in 18.710. �LC t�.SG i�t� I,�Ai�'r:>' r �VIC�:LNS'tltt;Ti[�,.:;. -q �>,�soc ��,r,es • Except water and storm and sanitary sewers, which are allowed by right. .�v�`j3`N';�+�'��'�'�In-home day care which meets all state requirements pernutted by right; freestanding day care centers T'.;�; �.';;?-;� �. which meet all state requirements permitted conditionally. ;% ��i 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal �`�'� � !��'�� household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. Residential Zoning Districts 18.S1 D-4 Code Update: 06/02 � ' , . � / ,.��i�tt;�; �- i.a,ec�s5 lSee Chapter 18.798 Wireless Communication Facilities, for requirements for pertnitted and restricted C ErniYk:.J ic,'r(';,� f '"�"` `��`% facilities. �' . . BAttached si.ngle-family units permitted only as part of an approved planned development. � fi`�� 9Permitted by right if no more than five units in a groupi.ng; permitted conditionally if six or more units �rr=��cr:�'�'- per grouping. . :.Cyc��ti.cf�c�..,_ � "f��-,�i�� = , 10OnIy park-and-ride and other transit-related facilities permitted cnnditionall �'/i�:iC.�`�=. y• ►��.t' 11Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. 18.510.040 Minimum and Maximum Densities ' A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development ia each zoning district based on minimum lot size: To ensure that property develops at or neaz the density envisioned for the zone,the minimum density for each zoning district has been established at 80%of maximurn density. B. Calculatine m.inimum and maximum densities The calculation of minimum and maximums densities is govemed by the formulas in Chapter 18.715,Density Computations. : :. ; :; �: �_, - - --- - _ � � ; : : �. _--. _. � . , ; �, F,-NL .��.:� , . � _,,_ _ ,_ � �, fl�_ , �;. ,1? �:'.-, � �: -.Z L -...- `7S, C. Adiustments. Applicants may request an adjustment when, because of the size of the site or.other '' �' constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.715020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a . .. _ ____ --- � Type I procedure,as govemed by Chapter 18.390,using approval criteria in Section 18.370.020.C2_ , � �� }r�t ��', ..-�i , �_ _ ____�- --- "<<' ' �c.., , , •: ,. - _ , �� '�8.510.050 Development Standards +� = A. Comoliance required. All development must comply with: ` �, �-'-� � � � ; 1. All of ttie applicable development standards contained in the underlying zoning district, except �-�'�•`��-`' �`'�" where the applicant has obtained variances or adjustments in accordance with Chapters 18370; l�t�i2- �-�I�. 4}` `'~��rt� ' 2. All other applicable standards and requirements contai.ned in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. Residential Zoning Districls I8.510-5 Code Update: a6/02 ,� • ._.\ ..___ __" ' ` +--�1.� r 7 �� ' • V 1 . � L n ' � �`�,,�1,P � �� t"�� ' �r�'i. � ,{�i �5 . . ' •, :�'`' ��(��;,L' �l�� '�` - � :��j?�' _ lr� --��- G� � r •I �rJ k�'i �✓ �� ;�� `��:�' v�(�'� ��" .J�: t .. _ 1" `/. / / � 18.510.060 Accessory Structures A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: 1. Dimensional requirements: I�� ,� �1-r.� a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square �� ; feet. On sites 2.5 acres or larger,an accessory structure may not exceed 1,000 square feet; _l`.:� ��`r�-L — ti��- �,� '� � vy"t-�`5 � b. An accessory sttucture may not exceed 15 feet in height; �_1�? � v��S'G�� . c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot '�' coverage allowed in the base zone; � d. An accessory structure may not be located within the front yard setback; �_` e. An accessory structure must maintain a minimum side and rear yard setback of five feet; 2. Non-dimensional requirements: ' a. No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including but not limited to streets, alleys and public and private �_ easements; r� �J5 �� _ _ - � b. An accessory structtue shall comply with all of the requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit; c. 'An accessory structure which is non-conforming is subject to the provisions of Chapter 18.760, Non-Conforming Situations, when an altemation, expansion or reconstruction is � requested; � d. The erection of television receiving dishes on the roof of a structure is not permitted in any � residential zone. 3. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes,, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), � � shall have setbacks equal to or greater than the height of the proposed structure_ Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745,Landscaping and 5creening, shall be provided and maintained around these struchues and accessory attachments.■ Residential Zoning Districts 18.SI0-7 Code Update: 06/O2 . . ' , . ' i � � TABLE 18.510.2 DEVELOPMENT STANDARDS IN R�SIDENTIAL ZONES STANDARD R-1 R-2 R-3.5 R-4.5 R-7 Minimum Lot Size -Detached unit 30,000 sq.R 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.R 5,000 sq.R -Duplexes -Attached unit 1 ' 10,000 sq.ft 10,000 sq.ft. Average Minimum Lot Width 5,000 s .R -Detached unit lots 100 ft !00 R_ 65 ft 50 R 50 ft. -Duplez lots 90 ft 90 ft. 50 fr. -Attached unit iots Maximum Lot Covera e _ 40 ft Minimum Setbacks " g�% z -Front yard 30 ft. 30 ft 20 R 20 ft 15 ft. _ -3ide facing street on comer&through lots 20 ft. 20 ft 20 R IS ft, 10 ft. -Side yazd 5 R 5 ft. 5 R 5 R � -Rear yazd 25 ft. 25 ft. 5 . -5ide or reaz yazd abutting more 15 fr' I S ft' �5$• .� . restrictive zoning dishict -Distance between propercy line � 30 R and front of ara e 20 ft 20 ft, 20 ft 20 R Maximum Hei ht 20 ft. 30ft. 30R 30ft. 30fr. 35ft. Minimum Landsca e Re uiremen[ _ � - 20% [1]Single-family attached residential units pennitted at one dwelling per lot with no more that five attached units in one groaping. (2J Lot covaage includes all buildings and impervious surfaces. TABLE 18.510.2-(Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD . R-12 R-25 R-40 - , Minimum Lot Size ME DU SF DU** MF DU• SF DU�* MF DU• SF DUt* -Detached unit • 3,050 sq.Rper unit 3,050 sq.R perunit 1.480 s ft � -Attached unit 4• 3,OS0 sq.R per unit None None -Duplexu 1,480 sq.ft. None -Boazdin ,lod 'n ,roomin house 6�100 sq.ftbr 3,050 sq.R per unit None i�. Avera e Lot Width None 6,IOO s .ft. Nonc None Nane Nooe None . Minimum Sctbacks ' -Front yard 20 ft. ' 15 ft. 20 R 15 tt -Side facing saeet on - 20$. 15 R. comer&through lots 20 ft 10 ft. � 20 ft. 10 R -Side ard 20 ft, 10 fc Y lOR Sft.[I]�' lOR Sft[1] IOft.. Sf�[I] -Rear yazd 20 ft. IS tL� 20 fL 15 R -Sido or reat yard abutiing more 20 f[. I S ft. restrictive zoning district 30 R • 30 ft` 30 R 30 R -Distance between property line 35 ft 35 fL and ara e en�ance 20 ft. 20 ft.; 20 ft. Maximum Hei ht 35�. 2�ft• 20 R. 20 R. 35 ft. 45 ft. 45 ft. 60 ft. 60 ft. Maximum Lot Covera e 2 80%" SO% ' gpo/, a Mimimum Landscape R uirement Zp% � 0 80% B�% 80% 20/a -' 20% 20% o 0 20/0 20/o [l�Exccpt this sha11 not apply to attached units on che lot line on which the units are atcached. [2]Lo[coverage includes all buildings and impervious surfaces. ` Mulriple-family dwelling unit "' Single-family dwelling unit Residential Zoning Districts I8.510-6 Code Updare: 06/02 � �° ,�t"� ,� � � i .. '' � . ' . . (` _,� �i�'�rz4 t�sk�'Y ' �5��t�.B1 r' � , : �:� � �=''�' � CITY OF TIGARD ;:'(��, ��:.• , �`' " . : PRE-APPLICATION QONFERENCE NOTHS '_�� Z + p 1 DATE �,�uG U5T I/ I�!•2 _ �` , � � ' _ AGENT: �lA 1� �R I��S r�� ,�APPLICANT t _ PNuc /yl�c t�� ,� a�s -/� � oNA�cE ;� ;'% ':' ��.a�. . Phone• Phones ��;� . f ,;;:, � _ � PROPHRTY IACATION '�/g S �G J ��O,Lf., ADDRESS: • •� TAX MAP & TAX LOT: �S 1 II BB 7L �S ��Y APPLICATION(S): Su(3D��I51�� 1uQa�v�►nn) S��e�1� nJG-� �oR CoRNER �Ai?.b SE?"RAG1G LESS TNAh1 10 FT. SMNDARD ! �' pRpppSAL DESCRIPTION: SEV�N LOT SLlQDIVIS/p� I `�..:. r' ��: . �:,'. },. /�/� J� �� ppHpREHENSIVE PI.AN DESIGIIATION: _ /'I��u M k/E-N S�� 5�DE/v! /!! L. ZONING DESIGNATION: /` -�� NEIGHBORSOOD PLANNING ORGANIZATION.#� GHAIRPER&ON: SNt /�/P VC�Z PHONE: - S ZONING DISTRICT DIMENSIONIAL REQIIIRSMENTS Minimum lot size: �Dsq. ft. Minimum lot width:,� ft. . Setbacks: . front- /S ft. side-.S ft., rear- .��ft. . garage- �U ft: corner- ft. from both streets. Maximum site coverage: � Minimum landscaped ar natural vegetation axea: �?$ Maximum building height: -3:S ft. ADDITIOIIAL LOT DZMENSIONAL REQIIZREMENTS Minimum lot frontage: 25 feet unless lot ia created through the minor laad partition process. - Lots created as part of a partition must have a . mini.mum of 15 feet of frontage or have a mfnimum 15 foot wide access : . _ �. easement. - - . - Maximum lot depth to width ratio of 2.5 to l. + ;' . , _ SPECIAL SETBACKS ` r�, :- � � ` ° '`' t. from centerline of • E ft. from { '• , Lower intensity zones: ft., along the site•a boundary '� - Flag;.lot: � 10 ft. aide yard setback � x,�a�;: ..`' , : Accessory structuress:: ;'up to 528 sq.` ft.` in size=5 ft. eetback from side ` �' � and rear lot lines .��' � ' . 4, � `y,�; j . '3 , . c _.. ..•: � . . . -.� , , _ � . � .�� ,�.�::��.t. ;� � ' Accessory structures �. up,; .to 1000 aq �-: ft. ' (where allowed) - See , M�'�;,i r � �4� ,; :r ?` :; � applicable zoning dietrict setbacka , :` ,Y � � �� fi�r � , d � } � 3 Zero,lot;line.iots :minimum 10 foot. se ation betwoen buildin s '`� � �:., '� ��" . � , Par 9 � (�•' � {�r, - ,�,� ,�� Multi=family residential building eeparation:. See Code Soctioa' 18.96.030 �. , ;: t, ' _ . .. . . �:.,•� , ;., , . . . _ � )F�:.V� f�; N • � . i, : : Page 1 h f,,i" f �k � ,. � a� , r �� - - . � 1 ?�i �.1 �� ' .i'� ��t ��i , r � .,� . � :a y 7 �. � i :.'� ,t-r . - c �"i' � °�' i �� ,� x j �� 1 j � / , , '" ' :�� a e' � .`i e� fi ..j . ' t y . � , . k� ' � r .rS � 4m)J1�' 1 � � � i �R . "s 9��,r�. , i �a�'� `� .;i� j' � �. -s.�.� f �� '' T-r�<.' � ��<n'i . .. ' . �. .. ..,J V 4 � �,L•' ' M� �' . . ' . � � V �:. � ., �V. — ` . . ,,�f�� f'� I �.�-�-tt3 c�� " ��. � _ � v� z. . . _ . . � - E � � � , � : 3�� c,+ N , . � I � 2 5� : 92 � 1051 � 94 � I w i o I N N j � . 25 � o \ • '� \' S' QED. �` ( �'1 V ` 1 . �� \ 94 •� � � 92 ; 80 � I , cr �� ' � o � (n • I � :1� U � °° `r �"� �� 94 w a, �. . . � ,., ,, � � I `\ '�, I j \� \�� . p n' � � � �� \ —;N i� �' �l c�n '., . , `� , L_— ��. �` ` `` � ' - ,i, .:-_,.w. '� � : ° �'�... PR1yA -DRIVE ° � `t?'l I � , s, ,� 20' � 20' \300 \. I / \ •�\ `•\ �'\ I 1'' ,� . `� �� ,\ : \ 1 � I + . 1 � : OS — ,,l � � `��"jQ� , � � "�X�-1�,1T Q `' �C�, �J� .. ., ,.,. • . o F z, ` CITY OF TIGARD '. - PRE-APPLICATION CONFERENCS NOTES ��•'� •:.'�' DATE: 1•t�2C1-{ '� . �� 1� . �� ='� � '::� , .; APPLICANT: AGSNT: h 1��v T''CI��' �-� 6. ,�� f F: � e� �] tZ c. 1 :�.� ° Phone: Phone: d5(o-II I'�... '�*�.�y,a, �., ; - PROPERTY LOCATION �� 1 � �� r�/ �Q � � ." ?� ADDRESS: � �- TAX MAP & TAX LOTt T L O� " NECESSARY APPLICATION{S): �l/�$��/�5�� _ , PROP05AL DESCRIPTION: � 1�� N�Y�G1 1 V IS 1 (� COMPREF3ENSIVE PLAN DESIGNATION: ��C� UI�. � i�d � � ZONING DESIGNATION: �' �� (O�. IiL • I� rf'i NEIGIiBORHOOD PLANNING ORGANIZATION �� CHAIRPERSON: �(,�P� L.I",��/�/P_Y PHONE e �� -R S7��J' ZONING DISTRICT DIMENSIONAL REQUIRBMENTS Minimum lot size: �� sq. ft. �C✓ �nni�" Minimum lot width: ft. Setbacks: front- IS ft. side-� ft., rear-�ft. garage- O ft. corner-� ft. from both streets. Maximum site coverage: '�Q$ Minimum landscaped or natural vegetation area: �a$ Maximum building height: �ft. ADDITIONAL LOT DIMENSIONAL REQUIREMSNTS �Minimum lot frontage: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a mini.mum of 15 feet of frontage or have a minimum 15 foot wide access easement. �Maximum lot depth to width ratio of 2.5 to 1. SPECIAL SLTBACRS Streatc� �..:*_.from centerline of . ft. from Lower intensity zones: ft., along the site's boundary Flag lot: 10 ft. side yard setback Accessory structures: up to 528 sq. ft. in size=5 ft. setback from side � and rear lot lines Accessory structures: up to _ 1000 sq. ft. (where allowed) - See applicable zoning district setbacks Zero lot line lots: minimum 10 foot separation between buildings Multi-family residential bui2ding separation: See Code Section 18.96.030 Page 1 - o3/Ur;i92 11:36 �503 256 2342 GEORGETOWN �� CITY OF TIGARD 1�003/003 � ��y i . � ' , c� �Xf�(Brr C� `' �a; 2 aF Z -_.______ �OS•. � � -- �sr � ____ --. ""` � `,\ � �,, � 1 � 1 . � \`'� . � \:.� o �,, cy � � � ' i ��1-� �.. .,.� `,. . `y� �~~� � `� `�� ' � 1 >>,- � , � . � .� \ ..._�_.___�...___...._...,,. v� �-T O / .._ ._ _` �� \ \. ` � h � , � � _ 30 _ � ..-�-P..—�--_....__ --- — ---�. , . �X l�t?�� ' �� ` . . � � � i � .S'�S" i 8,S f � �o i - - � 7p ' , �_ SINGLE FAMILY AND DUPLEX CHECR LIST FOR SUBMITTING BUILDING PLAN3 NEW ONS AND TFTO FAMILY RESIDENCEs 3 sets of plans 3 site plans -- to include property lines, setbacks, and erosion control placement Application form -- including site address, subdivision & lot number, names of contractors (general, heating, plumbingj $250 plan check deposit ADDITION3 OR ALTERATION3s 2 sets of plans (3 sets if adding square footage) 2 site plans (3 if adding square footage) -- to include property lines, setbacks, and erosion control placement Application form -- to include names of contractors (general, heating, plumbing) Plan check deposit (based on valuation of construction) PERMIT FEES AND DEVELOPMENT CHARGES Building Permit Fees: Based on valuation of construction as per 1990 State of Oregon Structural Specialty and Fire Life Safety Code Fee Schedule Table 3-A. Plan Check Fees: 65� of building permit fee 25� of inechanical permit fee State Tax: 5$ of permit fees (building, mechanical, and plumbing) Plumbing & Mechanical Permit Fees: Based on the 1990 State of Oregon Fee Schedule Development Charges (new one & two family) : Traffic Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,460 per unit SSDC (storm drainage) . . . . . . . . . . . . . . . . . . . . . . . . . $ 280 per unit.�2(,`�L S1` pDC {parks development) . . . . . . . . . . . . . . . . . . . . . . . $ S00 per unit * Sewer Connection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,100 per unit Sewer Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 per bldg. * May be subject to additional assessment for construction of public sewer. MISCELLANEOUS Electrical Permits: Contact Washington County -- 684-4632 Water Meters: Tigard Water District -- 639-3516 Tualatin Valley Water District -- 245-3331 jlh/sfd `,/ ,' , • •• ` i� �� ` � �'N �` � ► . . .:� �� °'a� ��:� , . ��.' _ 1��IJ� � , r ,��'I'►� ,��c�� ,I � ► ' . �� :111111! ;%��►!t � /• , � .. . , , � . � � ti . . �.� ��U 1�l11l�!11�■ ■��- � � v�.� �. �.► �. ��- r .� , .�•.•.�►.• .,�. �� ii�� •1111 s��..�►i � ��,.-. ♦ ��j� . i� ♦,I ` � - ■ •1� �� .�.�1► � � �� - , � • .� . ■ . ■��! �"� ;�� . �,�- ♦♦ ��i ��. .. ■ ��■ ■ ■ ,� �� `►`+ `� ♦ ♦. �_',,� •�, �� ;,;�Y.:.- -- r� � — `L�� ■ �� ;��►` �'J� :: ■e�� , � �� ■/'�� . � `� �► - ..� -�,� �;; �= :' , .� •7 �. ,. ■ � . � ��i�� ♦��- .�,�r�6�►�r�_�-_—�r1 � - .-��=,�:'� ■�1 '� �� ♦ e�► � � ♦ ♦ ��1 � .. � �ii� �►�� iqCic� � �� I� �� ! IL � • � , . ` _ . � , • • � e .� ��.� � . � ♦... 1 � � 1 �� i ��„�� I►i� � � �111�� _ / ..,..3 ►■ � �` _ � � �j ��i i: ;��1�/"�7�'-�!i ;� 1 �� . : , _ . 1 1 s � ' 1 .� � � �'�:�:'�� ; - i,��- �� ! � � � _ , _ �r■ �. �a�� .��\0.��i �� , � .. . : ��..: _ _ _ _� � � _ �L� f . ■ _ � �a �! r� � � � � �� '� - , �� , �- .�=. �Ile ii� !!Ie� 1 .., ., �� L� J � ..'�►� �� ti 1 : S� ■. � � �� J � � �� i ( s� ��a1 i �� t,,� �� E , �i�r � t/� �� I ■ �, �� /� �e�� 11�� ;` � - I1 11� �� . �d "�'�'� �-� -�� ► �� ■��■� ��■�: �i� � � �� - \�� ■ -� �� ■ �•� �� ,,� -- !11 J� ' .- � :. • � . � � �.j _ - ■�� r C � �� ' � `'" � --==- �� ■ •• : ■■■■■ ■■� ■ _ � � _ ■�i�� fl� �� - . �� "� � -• ♦ ■� ■ � ■ � ■ ■ � .. ' � � / �� 0 ■ -■ � . j, �� _ � �z: /III� \ - ,�� i '�� . �; _ �..� _ . �� .. - � •�� . _. �. . . . ��■�� N� �� . . �_ . . � � �: �� _�■ �� . __ . . ___ �� • - � � : �: � . . � ■�■■��N�� J�� • �� - :: �IQa� � � ��■�� 1 7,�. I� � e .��r \� �� n 1111'1►�/0 ��•�111111i111� _`/ � � ��_=�� J��/�■ •� � .. � � � �� r � � �� . �"1 , �� 1��1�� - +► � - . . �i ��n � , � �r•��: �� . • ��,��' . �:�� i- �"�! " �11� � '��,e �� N ` �► ��• /�� ' '.m� ��\\��\��.��d��1A�� 1� � �_* �� i��1� � � � '� \\\1� au��1� = � � ♦ ��'��- � �■ . -. �` �,� �U\��`�� !. �� -��' � • _■ � � � ��,�r .� � ;�� '.�1�. �.. �♦ I i �� 1 I:�� , r■ I/ �� . �■ -. � ( ,', �.�1 ' '■� ��.�'�� j� �►/� - �� ,�� l�!! _I . - �III��r1►`� � �� . �///illll ■■.��r�'llll�'�Ih� �!1 ��.� _..�. ��-�-�:��.i�.�- .. , ,�XH �c��i ��, 7/1/06 TO 6/30/07 REAL PROPERTY TAX STATEMENT WASHINGTON COUNTY OREGON '155 N FIRST AVE., RM 130'HILLSBORO,OREGON 97124 � ��PROPERTY DESCRIPTION MAP: 2511 iB6-0o5o0 ACCOUNT NO: R5o1905 SITIIS: 14185 SW 100TH AVE, CODE AREA: 023.74 TIGARDVILLE HEIGHTS, LOT PTS 13-14, ACRES 1.14 2006-2007 CURRENT TAX BY DISTRICT: COLL-PORTLAND 40.87 E3D-NW RLGIONAL 22,23 SCHOOL - TIGARD 720.99 SCH-TIGARD/TIIAL/Aio'TER LOL 144.51 EDIICATION TAXSS: $928.60 RuEDY, ROBERT E WASHINGTON COIINTY 324.90 14185 SW 100TH AVE , TIGARD, OR 97224 RLG-MSTRO SBRVICE 13.96 PORT-PORTLAND 10.13 VALUES: LASTYEAR THISYEAR �IR$-xv �IR$ & R�scv� 22o.4i MARKET VALIIES: CITY-TIGARD 363.17 ; LAND 216,840 293,190 TV FIRE & RBSCUE LOL 36.13 ! STRUCTIIRE 72,490 81,330 G�R� GOVSRt�t�rrr TAXES: $968.70 � TOTAL RMV VALUE 289,330 374,520 ' TAXABLFS VALUES: B��-�ASFiINGTv?v i.t'iL'Y3TY i3.C.ri ;� ASSE3SED VALIIE 140,310 144,510 BOND-METRO S$RVIC� DIST 26.24 BOND-PCC 29.78 BOND-SD #23-TIGARD 128.63 ' PROPERTY TAXES: $2,293.33 $2,276.19 $��' T� F=R$ & 1�sCUS 6.39 BOND-CITY OF TIGARD 30.85 . APPEAL DEADLINE January 2nd, 2007 BOND-TRI-MET 14.06 ! Value Duestions Call 503-846-8826 3CH-TIGARD/TIIALATIN-AFTSR 113.89 Tax Questions Cali 503-846-8801 gOND AND MISC TAX: $378.89 Personal Property Questions Cal� 503-846-8741 � OtherQuestions Ca115D3-846-8741 2006-07 TAX (Before Discount) $2,275.19 PROPERTY TAX PAYMENT OPTIONS �,��`�`"� � (See back of Statement for payment instructions.) f / l''l l =, y �th Pay Due Discount Net Amount Due ,� ��?. 1��, � InFull li/15/06 68.29 $2,2a7.90 '�� .' $ �3 11/15/06 30.35 $1,487.11 •�'�� 113 11/15/06 NONE $758.73 � � ' �j, PLEASE MAKE PAYMENT TO:Washington County Tax DELINQUENT TAXES: - , NO DELINQIIBNT TAXSS DII$ (See back for explanation of taxes marked with an asterisk('). Make Online Payments at: Delinquent Tax Total is included in payment options to the left.) https://ecomm.co.washington.or.us/propertytax TOTAL (After Distount)• $2,207.90 . , Pay by Phone at: (888)510-9274 All Payments Processed Upon Receipt Robert E Rued� � °� � - _�- L��$Z 0� T$�NSMITTI�L Y 14185 SW 100t'' Avenue ; 2 2 20G:. Tigard, OR 97224-4951 Date: 12/21/06 Job No. Ruedy Property - � (503) 620-5997 1.,'�'r � �"� ATTN: K. J. Peerman . � P� RE: Measure 37 Claim Filing, To: Permit Center 8� Planning Department K r� City of Tigard, Oregon 13125 SW Hall Blvd. Subject: Supplemental Information Tigard, Oregon 97223 Transmitted are the following: �Attached ❑ Under Separate Cover via the following items: ❑ Pernut Drawings ❑ General Specifications/Scope of Work ❑ Shop Drawings ❑ Submittals ❑ Samples ❑ Change Order ❑ AutoCAD file(s) ❑ As-Built Drawings ❑O&M Manual(s) ❑Copy of letter � Other: Supplemental Information as listed below. Item Copies: Dated.• Doc. Page Rev Description: No. No.: No.: No. 1 1 set 12/14/06 M37.20 Pgs 1-14 of 14 1 State of Oregon Measure 37(M37)Exhibit T,Preliminary Tide Re rt&Insurance confirmation 2 P . of 3 P . of 4 P . of ❑ For Approval ❑ Approved as Submitted ❑ Resubmit sets of copies for Approval � For Review and Comment ❑ Approved as Noted ❑ Submit sets of copies for Distribution ❑ For Your Use ❑Returned for Conections ❑ Returned sets of Corrected Prints ❑ As Requested ❑For Bids Due �/ /_@ AM/PM ❑Price Prior to Proceeding ❑ Other: Routed By: ❑ Fax Immediately ❑ Courier/Taxi ❑Fed Ex—Priority Overnight ❑UPS—Overnight ❑U.S. Mail—Overnight delivery ❑Fed Ex—Standard Overnight ❑UPS—2"d Day Air ❑U.S. Mail—Standard delivery �Hand Deliver ❑E-MaiUModem ❑U.S. Mail-Standard ❑Other Comments: Please attach these documents to the City oJ Tigard, Measure 37 Claim Form submitted December 1, 2006 and is awaiting city staff review. Copy to: File Signed: C , LETTER OF TRANSMIITAL - 11/S?f2006 Page 1 Of 1 no�,�zoo6,�,.i 1::!ldiuo i�: L�w r.t.� o1.:J10� �LLLJ ,:.,...� ..�..,..��.... � o...... ; ._ X H �� I �r � R�1 ��7(�'� SCHEDULE A Otder Nc.: 12-121�701-2o Policy No,: 27-041-92 6238�2 Amount of lnsurance: S 212,000_00 Premium Amounc; S 956.00 Oate of Policy: January 14, 2002 ax 02-30 p.m. 1. Idame of lnsured: Wells Fargo Hame llllortgage, Inc.. its successo�s andlo� sssigrS z. 7he estate or intere5t in tne land which is encumbered by the insured deed ot trus2 is� A Fee 3. i�z{e to the estace or interest in the land �s vested in: Rotiert E. Ruedy and Donna L, Ru�tly, ds tenants by the enci�e�y n. Th� ir.s�red deed of t;ust and asSignments thereof, if any, are desc�be� as follow5� A deed of trust to secure an indebtedness in the amoun� shawn below, and 3nY other obligatio�s seC�red thereby - Amount: s212,000.00 Dated: Jzr,uary 8. 200� Grantor: Aoherz E. Ruedy anC' OOn�z L. Rued�� Trustee' �o�est N.a. Bacci. Esq. 8eneficiary: Wells Fargo Nome Mortgage, Inc, Loan No.: 0023085681 Recorde�: Januarv 14, 2002, �ecorder's No, 200204a9�4 „ ��ianu re�errec! �� r� ttus��:��y:5 5�-uaeeo �n tne County of WesnEr,qYOr, 'a�a�a of uregon, and is desr.ribed as i�liows: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF T::iS ��iCti "Ja�;� an��'� :� SC:-�EOUt� e �s ,�n�c�r'i� °�fle 1 Z0 ' d 8ZZ66E9�BS T 6 Ol BSZ9 S I 8 T OJ�IW 3WOH 09�1d� 5��3f� �I� 8Z� 8a 900Z 5 i ��Q __ " 1•i� �v ,L-i �� ........ .....�.. ..... .......,.�. � �. ... _ -�� ,oan �ol�cy af Ti�e Ir�urar�ce �delity 1Vatiflnc�l �tde I�sur�nce Company poi��y h'u�� R Stock Company Z7-Q4�-9i �`. — ,� � � n s��C .: ,, �� l��t�l\1 �0]LZ��I �� TITI.E Ii�S�3RA,NC� SUBIECTTDTH��c.YCL'JSlONSFROMC��RAG�Tf1'FFXCE.al.':7N5FROMCfl✓�'�'�F CONTAINED INSC1�£�'lIU�E B AND THE CONAITIONS AND 577PULATYON��I�7ELITY N.4TIO�AL�TLE INSvRANCG COMPANY,a corpora�inn, herein cslled rhe Compnny, insur2s, as af Date of Po�icy shc�wn in Schedule A, agaitis�foss or damage, nor esceedin�rhe Amount pj Insurance slared in Sch¢OL/e A, svsraired er incurr_d by !hp insured by reason oJ l. Trie ro rhe esr�e or intcresr descri"ved in Schedufe �! being vested ocher rhan as srared thcrein; z. Any defect irs ar iien or encumbrance on r/�e title: j. Unmcrke�cbzlrry Of lhe riale; 4, Iack of a riglu af access co arrd f a� J�e land; S. The irrvalidiry or une�fis+�ceabiliry of che Iien of rhe irrsared morrgage uyon rhe rirle; ( Thr prioriry of arry lien or �ncwnb�ce over rlu lien of rhe insured mo�rg4ga: 7. Lacl� af pr�ori.y of che lien of J� fruured manga8e �'xr aRy srarlrory Iien f�T services, Iabor or marerial: (a) arisiag from an im?rrntmenr or work ;elared ro the lanci k�?�tch iS contracred�`or or somin2nc�d prior ro I�are of Policy; a� (b) arising from an irnproveme+u or work relared ro rhe land.wiuch is conrrncced for or cv.n•reenced subscqueru ro Dare of Policy and which is�'nanced in wkole or in parr hy proceeds af rhe tndebtedness rerured by rhe ir�sured mongage w�ich ar Date of Policy �he insured hr�t advanced ar is obfigared ro advanca; � 7h¢ �rn�l:a:;r cr unenforczc,"i,':y e°any assigr.rr.�r-af:�:e insured mor�;�;^, ?�videa riie nsstgnmenr rs shown ir. Schedule A, or ihz failu�e of the assignmr:u shown in 5che�ule ,� ro vest rirlc tv rhe in,suTed morrgage in rhe ��r��s-,ed a�sio±ee�ee �r.� c!ear o,��l: :.=c7s. -,_. �o„�p�r� .,Ar��!<��ay the c�:!s. ��^7e}�s'`ae� a�vi �cxses ir.currad in defensL of�lu rirle ar the lien of+J�� insu�d�r.�,—.�rage, as frukred, 5et onlv ro rhe errer.r�rc��irle�3 in rhe Candine�• �rsd Stipularions. ;1'I %Si�TN£SS %✓NERFOF, F.DELITl'N.4TrOP��tL r1iLi IiYSUR�NrE CO��r-�NY h�s rausr�rhis ao�rn'ro�e sig��'rnd seeled 'oy ifs dr+l�� sucnori,,ed oJJ�c2rs ss uj?7are oj Aol�cy snow� ;,t $cnedule r3. irideluy Nclr�:rcl 1Ftle lnsurarur �n^_garry 'i.�J PO�4c�,�s dv �� ! � ' /�"- � � � > �3i I�L/ � / �•FIU6�'I , � �� A��<.i �~`�' � � /i , �� _��= t �//i ��-�`��'`� �. <�.�� _, C^,...�e:tii�: . �� ,J� � �,��,r�.,.,Y1'�� slcr: �:L:/: i��:� :��;�_:CY ;�u-:i-:�. �IY1:L PCC::. �tiC. � •'�^'�'�� ',�_`y=' E0 ' d A�?FFf'.9�'R�T F n I GI�J 9 �I R I Gtn?IW �W(1H �n�IH� �'1'l�M �I� s�� : z�ct aAa� c t ��rt ._ _-. _... - -� - - -�-�- ------ � ---- - -- - - -� - � , ' � [C!lDSTO!1g.�xD STiPC1AilDt�S�(CoM�GUeE ftom RmaK SICc of pol�c7 P�ec) q, D�k�Fi'NSTi A3r� PR09ECL"ITOI`1 O� ACYYONS; DL'�' OF LNStJR�ID of rht indchccdncs�sha:l ttansfcr�asiigf'.end ean�cy[hc indeCtctln�ss�nd t}:e ir,. CY-a,.�lAhT I''D CQOPf.RATE sysed montpge,rog�r},er wiih aay coll��er�!sccuri�y.co�he Corr.pzny upon pay- (a} tipon�ritun requtst by t1u insurcd�nL cubjKC eo che optionc contvne4 ia meni c.hc:eioc. Seeuon 6 of�heso Condiuons aaC Sc;putauons. �he Company, se i�s o�n cost end Upao�he ueccse by nc�Co�r.peny oCei�hcr of dx opdoas pro�i4�d Fa in paraqc�phs wi�o��unrra.onublc dclay,sha!I�ro�ide for�hc defense of��in;�Cad in liug�rion �ii)w(ii),ell liabllity uid obL;gations eo rhe in:ured under�his policy, vehcr��:an in wF.ich any dfitd party as�et*s s:Inim ad�+eru io ltic iidc oC�nrrresc is insurcd. 'o mafc�;be payr.atc r-0uiral�n those�+r��aph�, ih.�1 ternunase,.r�cluding�ny b�c orily as io�TOse:n�cc' cnus�s of acuoa�llegiog a defee:,lien or eneumbrince liability 0�ob{igition co dcfcnd,prosa�c,or connnuc eny lit;�tion.and�he policy er o�tic:;r�-c:i:surtd t�nins�by this policy. Tht Ce�rr:pany s6all'na�e rhe riRJtt shall tix ��rrenduad co �he Compat+y fot c�ncel:�eon. co scicr,r.-,;.:s:10"fs choicc(SUb�xi io�hc righi o(�;e ituu�lo objea£or teasonable (►�) To Puy ur Otlurwlse 5ettle k'ith F�r<ies �her than tne Iwured rause) c�r:p�cscr.t ch�insured ss�o d;ose:�a:ed cau:es of�ceioo anG�ha11 no�b� or Wl[h tbe Innred Clairnont. IieDie fec�pd wi11 noc pay�he ic�T of aqy erlur�nunscl_ The Companr w�j �7t !i)[o p1y ot ciherviSa tatle wi�h oth:r p�rtiec For or in thc a�mc of�n innurr.d pay any fees,cos[s vr ezpenses ineurrtd by Nc�asurod in�he defeme oFthoSc ciuxes �Jaiman�any daim insurod�gainsc undtr thrs pnlier,�Cgcthu wirh any cos�s,u- of zttion R�hicli �Jlege mar.crs no� inawed ag�inss by �.i:poliey, rom.rys'f�es snd eapenser incurred by Q�^inturcd da�rtune which wcce auchoriud (6)The Corr.p�tiy shal.luYC[hr righe,a[��s own u�ss. ;o;�SUr��e ind proucuce by �}se Company up�a chc;ime oF pirm_nt a71d wh�eh Ne Compacry is nbli,ncc4 ury acCC1 ot p[dCtoLli�or�o do nny olht[SCt W!�ich ih i�s o�in�on nay bc ncccs�y ta y. ,r or de:inhk�o esublish�he iitle to �4t�^.�ate or�ner,re�c ar'he 2iccl OF LhC ShSLCcG R'(„��a pbY,��p.�,�rv,�,e�ccic witli die iraurcd c�3ims�u we losa ar ri:,�ruge pro- morcgage, u incured, ot to pre��nt or redute 1055 0�damsgc to thc imur:d. Thc ..ided Eor undcr�h�:poli�y, togcfier�Yi�h sny cox�:, aaorneys' tces�nd ezpcn.scs Cempany may c3be;uiy�pyraprian:aetion under fie�crma of thi�po{Ky,whe�her �nrurted by Nc rosu:cd clairnan�wllich were su�ltvrizeri by�ha Gompany�p w�he cr not i�cA811 De liable Aercu:ulc[.;utQ Sholl rtot cheteby:oneo�C�i�biliry or waivc timc oi'pnymrnt:JUI•yAi.h�he Comasnr u obl�Cated io pay. sny pro+isiun �f�his policy If�,e Camqany shei? dzercise is righrs ander chis v��N,�ercise by��eCvm�ny of n�,cr oPd�e option:vco��ded fcr u+p.vig.zphs psq6rsph, ic sr.all dc �o diG;c-uly. bp)a[(ii).�hc Comp:ny's ohhga[inrs�o the inaacd undct tlfis poI�y frr ihc c2a�m- (t)R��v��e COR+p�nY ih]Il hxvC bf0ught an aezien or inecfpo,ud a defense td I�5 or Camagc,otn�r�hen the psymenu requircd m Ec mede_shall tarrnin:ue, as rcCUircd ot pcmutled oy th:,pro�isiorts of;his p�llcy.tbc Comp�ny r'+ey purwa iecludmg anr li�bil�ry or obli�uon to defend.prosecum nr eqn�inue any IinEeaon. any ;iu�rnuon �o fi�.al determinatiue by a coun of CoMpetent jurisdiesion and oc- �. D��y�ATIO'.� ,'U�D EX1'ENT OF I.3.A9ILITY p�ressly [c:ce�a�righl, in iu eole diaer*.�ion,u>appea7 frau any ad�eru jud�- 7"}�is Poliey iS a contracL o�mG�fC�I�Y��i�6� oetuel r�one�ary Iesr o�daron�e rnam or order. tucUintd�r incurr:d by the i�isuttd Clainlant who h9�cufftred loss or damsgc y (d) In sll casu where ches polioy perm;rs u.requiros rhe Coc,paar�o prokKUte tcuon oF meaers insurod asainet by lhis�ot�y asfd wdy m che«oent hcRin d�Rb�d. Ct�ro��Ce for the ds`_'sc ef ciy actien or p:xred::�E. {}]C lRSUR,3I1�:�52C�i: (�)Thc liaDii�ry oC�tir Coenp,u�y under ibu poliey ahall nat ezeece ena irast o(: co tne Comp�ny;he ri�he�o so proaecu�e or pcv�ide dafirue in mc aetion or pra- :eeding and aU app�fz thvrin,and p�cmtt dx Company io ux,st iet op�ion.�hc G)�be Arrnqum et'lnsurance stot'd i�SchedulC n,or,�f�pplicsble_�l�e arewunc ndme of;he insvcsd fer�h�e pwpose. w'hene�v reques�od by�Caer,p�ny, tAe �f�nsu�ocr�s ddnea is ScCUOn 2 (c) of thesc Condition; and$upul:uionr; �tsuzed,at me Campc�y's ezpense, sh�ll g�vc thc Cucnp:sm nll rc�ao�bla yE,:) (��?�c am�w�c cf r1::uzR�d prineipal indeb_dr.ess SKYred OV f,�r In��atti[n�rt- :n an}•ution or prpcccdmg, ycevring e�iCencc, ob�ining wimcsses, prosecur,ng ��a�limi�rd�r pro�ided undcr secuon b of;hete Cond�[ions and Sti�nel�cions o�defendiM1g che aetion or Proceeding,or cFf�cdnE�rttlamer.�.and(ii)in�ny o��er or as reGiva)under�rceion 9 of�hnc Corvii�'�ens ln4 S�ipulsiiors,9�the clmc t►�e I,wfi:l ret ws:ich r7;ne opmion o.`the Company may bt necassary ot EeSitab;e m loss ord�m�ge irtsureG again.tby this pulicy otCUt�,cog��he;�vith iNerc<<tAcron;or esc�hlish �he ciue co�c cs:,lec or in�rr�s��x ihc lien uf ihe;nsured inortgage,.0 (iii)che diffcrcr�ce Detaccn�hc.�lut 6f;ha iowred e::r�s�r or�rttCfCS�lt i�SU�Cd �se:=d. 'i cY�e Car„rs-.�:;�.,;udirr�br u`.c:�il,:;of 7�:ir.tured t0 �::alah o1e �nd�he v��:e c�_".e i�ser.d tsw�or��-1st subjec��o;he�r;;�;,;ica or cnc�m- reau,red coopetaoon. �he ComQsny'c otiliga�ioas� we insurca unGer�hc policy brance insured aQains�try �i: pol'u�. shail :e.:zina�e.iaclwing any IiaCiliry ot o01i�:ioo to dcfcnd,prosccua.or con- Co)In�he eve�c mc insur.a aac�eq�urcd�ls��n�e or.ruueu in�he manner dcccnbnl �ir,nc any l�ugaaon,yilh rtgard ro�i1C!nactcC or mattcn rcquinag such ceepctation, in�eCilon 2(�o(�hese Cano�don;end S!ipulaticas or nas con�eveC t11e ticlt, then 5. PRQO�O�'X.OSS OR AAIHhGE �he lii6ility o tho Cuatp,N):h�J�eo�tince�c ut Forth in S-.etion`ISa)of ttirse Can- In addition t0 snd aEur�a nou�CS required under Scctaon 3 of�hesc Conditions ��m uuJ Slipul�tion6. snd 5CPula�ionc ha�C boc0 prD�idOd 14C Corc�pany,a prooP oP(oss or dumaEc iiancd ��)Thc Company will pay arJy thosa costs,a�comcy�'Fcac and c:cpcnscs Incurrcd snd �,woro !a by the in:ute4 Claimaot xt�.�ll "�c tz:cSti4hcd :e �Com9any Within in acaafdsntc v;eh Seceion 4 0[tht3t ConEiciaac and Stipube;au. 90 days aher the imu[ed cliim�rl�S)�a11 aucrtain�hc faca giving rise to�1e leu B' ��x'�T10:J OF LIABII,IlY o�dama� 7hc proaf oE loss ot Wt;v1e� Sh�ll dCSCRbe ihe dcfect in, or lirn or (aJ IF t}�c Co:npany e9GlbLsheS Ih��1Uc. Of fq�+o�'eS �e allesed defecL lica e1' e7xumbrance Oe t}K hLC.C[0(M.c�m]RCf�7lsute3 againsc bv Nis policy Whieh eef+- `�mbnttce,or wres�ht I3�k of a rirChe ef�eeeys ta or f}wn the�and.o<<ure�; scitutes tlte bua of Ints or damagt SrA 3h81]:.�te,to�fe rutene posuhle. thr ha�ia �D cla�m of unm�cktx.Dil�ty o��it1C.Or Oeherwise esisblishes the fien oE th�incure3 af cslcu!-• e a,.�ount ot the loss or eam:�. If thc Com an �, rciuJiceJ b r.rer,gage,:.11 a�inSUrCC.1;1 a,U>or;ably diligtnt mannec 6y any me[had, i::d�ding --�� 8' F Y . P 7 t;.,pe,c�.,,,•�_.yc�vm Icciun u:�-;_��15�herefrom.Et t,::1i'tavC��1 qutormed �hc fulurc��!:�x im�rcd eiuman��o prcvi�c ss r�uited proof a(;a�or uama�e, ;�s oDligatioh.wirh raprei�o�ha�mancr and shall nct bc 1'�ablc fory ny los: vr �tic Cor.ipany's obligarions�o tt�e insarca u»der u,c policy.�+.Ul cermioatr.includmg , ar,y li.bil;ry or obtivadon�O AGfend.p[nSeetiLC.��aMiJlLLe C7lY!:Liy4L0'J.wieA regard damagc eauea.�hcreby . ee lht mr1.let of m�RUSrcquuil3g suth preoC of foss or damage. �f �t+�+�cvcnc uf any iicig�f�o�. ;ncluding�ieisaeion bY�hc Cnmp�ny or with ln vddicion. �tie�nxurcd elaimr.�t rar ru�<onxbly ba required�n submie co�e- �ti�Cenp�ny c consrn�, �he Compeny sAill h ve no Ii�blUty to�Io�i or damage aminanon under oattt by�y sUt}�[i2e4 teprc5crrt.�ri�e��F i{te�.�mCan�an�i e�+eSl `u'0J�'�rc has be.a u�caJ de�crnunxinn�y a e..^ur.qf cqmpeun�jurisditco�,and produce Cor ac�nirtaeiod iaspoecion and copying,u wch�sor�ble nmu uu!plxes °1P°�uon oY all appesls tMrefron�.�d�usc Io[hc�icle or te chc licn of tAt�fisurcd u rr�y he dct�Rnatr�b�:.ay a:�;horized rearesrn.usvt�P:f�a Comp�ny,e::�ctards, mor,�age, ss inst�r�. ` �,i;;;, laogcrs, ehccks, COI[apOC[klLLt i171� QlCC70CdL'4�Y, yAuh«hruing s�ce �!��e Company shxil noc be liablr.or.o�u-��Tar,�io.,nr ins�^r_'for li�biliry btferr or _�^r n.�.�i a,.l;�,. which.-e:se'=�!y;.^_'�:n to tht{Ct:ar�=.-�.�c,e. oiunnfiiy�esumed by�ht�n.wred in settling sny cl��m Or;ui[wiihout�he�inr F•::=�=;,if^�qt:eszcd try atty rutheri:cd:epr!�sentadvo of�he Company,�ite insufai wr«ten coticc:n��:ttfe C�mpxny. �.J�imant shall gnm ;s ^-..,:�!a::. �::wrieing, fe.-�r:�_�:herizsd reorege.,:xi��c �d)Tht Cemp�.�y sn�ll not be lixh:c fvr;rii ioy�neeber�nesc c:��et subsequrn� u!��L t� eu Dv[e o(Pol;ry+acCe�x for�d�ane�medc te Pro�cc:ihe(ien ot ihe inwr�!roor- C�moany eo��amux. �nspece and ropy ail reco.G;, boola,Im6cn,eAcckY. � cnrte4o0ndCf1CC aLd 111CC�0[SDdB IA�he C-tStOdy or mrnrel�s:Aird part}•. �hich �¢a�e�nd.azcu��McreDy�nd texcomblc xmeunt�expeM�.d�o prc�ene deterion- rt�nrbly perWi�Io�lfe;pSS o�daniapc./,ll infurme[ion designatcd ss wnfidenGiil ��n oi i.:�Dib�ur'.Cn�t=0[(ii)COrtSR��on loan;QvanCCS�iL1QC Subs�qucnt to Datc b�ihe iruvrul claimenc pro.'idcd to�he Comp�ny pursuant to this Section ehsll wt of Poi�ry, cxee�cons�uction los�ad�uL-rs �de suasequent to Dat�of Policy bi J�scloxcd to o�hers unlesa, in zne re�conah�c judgmcni of�1,�Company, ii i3 ��r�he purpnse o*nran<:np�in who�ur in aa.�ihe:ons►ruaion or an ianpm�cmen� �v che land v+rich x Duc ot Poticy vcce saurd by the insurCd tn�cl��ano whith aocc�s.uy tn C,kc uimicu[ration of tne claim.�raiturc of JSC i�s�d dniment to iub- �h,��9ured•+3s ond�vr,cinum m ba obligaied�o sdvance as;��d ak�r Datc of Policy. csil fer oxamina�ion under mth, praduce e�n�r rcnnranably reauested'enfoi,aation vr�ycan�permis�tion to secute��Ltety nttesury irformation from thitd p�nie: 9. +�' ��'C710N Q�'INSiTRIIdCE;REDTJGTlON OR 7F,'RM�`iATION OF .L,rcqwsea in the ubu�e parar,,�i�.unla�prohiLiud bv�aw or g�ernm�n�ni reguta• �,7,ABILlj'Y ucr,.shnll tcrcnin�u aa�li�lility of rAr Co�pany under�lUS ooli�ry as ta�hu cta�m. fa) n!I payrtxe�s ur.d:t�his poliry, czcc,c yr.r_nu meAc Po:coza,attorncya' 5. 4Pt�ONS TR l°�Y OR O'Ti3F'�WLSE S�TI4.E CLAIl�lS:IERhIINA�"X8N rcr.F snd c:penses,�hati roaua efu amcuni e�chc inaurar.ce qro�io. Howe�er. OF 1,IA8TI.CCY �ny pAymcn�s madepnar�o�ne scqlliSt{70G OI lll�t t0 f�lC GS11lC 07ll1iClC3l65 PT9�id- od in Seciwn 2(a)oF ihese COGdi4eni and SCipuL.�i�ne thall nvt irqucr pre tanW �n cara e!a clairn und�r[hic peliey,the ComPwry Sh011 h.lve ihe Fo11DWin�aGQj_ ��,_�Sr��:s;uru�e a:�o[GeL w�er ihis �e czt Cp the eit[nt ti+IIl tJ7C rional opoons� �°' y `� (a) Yo Poy or Ter►der Pnyment ol tha Amounc of Inturaace �•r �o �ro)P ymen�n aart�iyyany f�e�cceon o �nc pal�U�ie�n�oYred++ee�o�sgry Purtirue ttie lndebte�dne�. nrner ablig��i9n Se<ured!�Y;hc insured r�orcaage.or rny rolunttl'y par.ial sausfa� i�J T roy n.r'mu;o,�nrnc o�4he,'^:sJ!S^�i_^_:,!�AC¢UlX�.1'��:.,•^••�� c:he: r-••-� °R �;on nr re:ca.;e Of J+e Insvrea-nortgage.a Ne r�ccen�of the pavmeet, satisfacw:n •H:th zny eosa,atwr:eyS'feM�e'_peAStt innurai by thc i�5u[ed cla�maht,LhicD pY.r!►•r_._t�!'-:��ce[�e=R��:::f�TSG19�1CC�:0:7.iL.:��°n7oun.u(�nuuYa�Cs were zurha-i�ed by�ae Company.�n m�e iime o!�ymeer or�enaer ot payer.co� �y rAcrcahv he intteasoa hy zecruinr,inkra�1nd�d�ancrs made w omtcct ehe anc :vhtcti �te Comoaey 'tf obltga�e<l co u��: or '�e�oi che:n5urrd-iorcraa,c ond s��ece�Aaau�, wi�h;vrerebt�l�ercor..�ro�ddal �:i)t�i puCCltsx Ote iDl1C'uWiuob�setui��y�hc;naureo ewrte`.5c:u��:u+w�:n� ;o ao evnu shall�e�Ttou11l Of iBSUt�1:te Dt grester:1wn�c:�niount ai insunece cWIIQ:t:ereon ro N1o�vi@f 4nv ancts a[7orners� �esS�z�?7! t!5°3 inCUR^�C" 3 '1� . ::��W in S�halwr y. �L`s:Z�^,._...��,�...°..._!Yw�:_:�L"':�_'.-.'^ _'f3,^,,.'__�:� :.�._.._��—. .C; �'-�i:?�J[I Dv�iY�lY1 9!L':^_vofi,nlnly.:::i:f•r.xr.OS:cicu�: •�.--'� -�'�'^..•�.-^•�� ^,�-��v :1^"^:s'°`�:.' rSY. .�. yv Y F'.._' 1•••' insurt�.7�OR�:CC.:ILUi:emunatt dll �pDl�lr Jl:f�e f�moany ctceVt 6f�(OVSbca if d�e Campany atfers ao pureh�se[he indebtednesF a�bereM oroVidod,u+e uwncr �_ r�,_;, „_ •� � .�_)^(.�1csc ��aG:°_c.s_�_G�u.l��ora. b0 ' d 8z266E9�0S I 6 Ol 0SZ9 S I 8 i 09�IW 3WOH 09�Iti� S��3�1 �I� 8z � 80 900Z S t ��Q �.., �.,._., �,. ._... .,�_.,� . . �� ....., _ " ' Order No.: 1 2-1 21 370'1-28 Lendar's Extended Policy No.: 27•04?-9Z 6Z3842 Ex��a�T ��oN�� The East ha�f of Lou 13 and 14, TIGARDVILL�HEIGHTS, in the City of Tigard. CounYV of Washing±on and S�ate o? Oregor. 6XCEP�ING THEREFRON; Tha [�lor�h 100 feet of the East h2if of said Lot 13. ��ye 2 CG1 ' .J �t77��C'QC'fi1C T� (1 I fitG J O G t R T filcl?l1.1 71.Inu nnvN� c��m v.� o� • ora r�rara� r r -��n �_, _-., .,., _� _.. ....- --.,_v� —,—_��._ ..__..._:.� ._ � — v... - • prder No.: 12-121370�-28 � Lender's E�snded policv N�.: 27-Q41-92 623342 SCHEDU�E B PART � This po�icy does not insu�e against loss or damage land[he Company will�ot pey COStS. �ttorneys' fiees or expensesl which arise by reason of; �, CO�enants. cendidens sRd rastri;.'ions. as shown on the Alat. Reco�ded December 30,1907 in Pfa� Baok 2 Page 38 fiefierence is mOdE io said documenL for full particulars. Page 3 98 ' d R��FF�9f'Gt�i F fl I Gi�J q �T R T AnNl.i �i.inu nn�N� ��m a�a s�� s�r� orar�� c T ^��rt 14' lY� VV J.`,1•AJ tY�� V14J1V� 1•LLL.I t":]SIVV L�11'1�.�.1'Jl- ` `Ci'\rV�� Lender's Extendetl Order No,: 12-1�137Q1-28 ?olicv No.; 27-041-92 62384-2 SCHEDUt� B PART II In addition to the matters seT forth in Part I of this SChedu�e, the title to the estaie or interest in the land describetl or referred to in Schedule A is subject to the foliowing m2tters, if any be shown, but the Cornpany insures that these matters are subord�nate to th2 lien or charge of the insured deed af trust upon the estate or interest: NONE P�39� � Z0 "d 8zZ66�9E0S i 6 0 I Gi�J 9 �I Fi i Gin?IW �Wt�H �n?IH-� ��M ?I� R7: RR qGiGi7 C t ��fr - --�,�.r �,"�r �� ,��A.i=F(1/A V.\/..�iV� --•�L�IiL.J t'=�l\VV L/1l\�_t.Vl',J1 t�U1l`J . " " Order No.: 12-�21370 i-28 EXTENDEQ CavERAGEENDORSEMENT A�*.achetl to Poljr,y No. ?7-041•a7_ 6239d2 �c�a�r� �y F14�LIT`/ NAT!ONAL TITLE WSURANCE CQMPANY Premium: 95o.�Q Dat2: JanuRrv t a, 2oC2 Tha CortlPany h9rehy i�RUrct�galnst la;s v�niCh a?f�A �nsurod�hall su5i:�i�by re9sOn of s+ny Of Ths following R�at[C�S' ti, Anv �nc�rreotness in?ns as:urance of the Com,pany hc�ebv glves: (a) Th9r ehcrP sre n0 cavcn9l+t�. i:Or.GiSi0f7S. or restriction:undcr vrhich the licn of c.5e martgsge o�deEd of T�'UCL reTerrcd to in SChedt+{e A can be cili off, suliordin�ILr`�, er q-horwis0 ifT�pbi�Qd: (d) Th:tt tn�r, 9r�no prescnt violatipns cn S9id lar.� of any tnFucc9ble covenant9,�ondl[IOi�s, or�O�trir.tiani. Ic) Ttiar,oxCdDS as Shown in'ochr.dul3 8.i11eCO�rr,no onr,ro�chmcnCt.('b�.iiltling�.str��c�yre�.or improvemeni9 IocatC�i on •;3id land �nia 0i.joining�Snds, noi anv��r,roar.hmants nnra saiq 13nd 9P�uildifl�j5, �Tf�,lc�urcv, or impro��sm��ts 19:ated on adjoinlitg��nd9. �_ Any h1�UfC vlaldLi0�3 9��sai0��d qf anv covenanu, cqndiLlO�s. or rP�tncLi0f1>o�c�l�Tlflg p�10�to aL•GUISiU0f1S of UL�2 co said land by che Insured,F��vi�ed such v�c!otionr, result�n!osS ar impa�rmsnt of thc lien of che mortg8ge or deed of r�c,+sL refarred Cn in S:I��duta A,or ree�lt in loss or impeirmani of C�o utleto said 18nd if the Insured�h�ll gr,quirE tide in r,�ti:facti��l of tht i�debt2tJness 5�6�i�ec�by such mortgagc or decd oi crusq �, pamagc?0 exia'ting��'prOvamtnts . (a) �nrh�eh 8r9 loea[4C of cn.to�eh upon :h&t Gor!ion of*ho tanC_ub�ar,t to any��cm-M ol�Vwn�n Srlledulc 6. whir.h damage ro3Ulte irom L�a exsrCi:e vf r,�o ��ght to use o+main��in such e»semcnt far che purpa;;., fnr whiCh tri�':Orrir was gr:�n?ed or reserved; � ' �b) resulrina from tha ex!roiu uf eny ri8�t to use L�A sur3ce o4�aid land for chc r,y,r-3cc�r,n qf devcfapment ot thz mins,"•'•Is ex�:�?ed trom tne doc,�ripcfon tf��d Inn�' ��rhawn 35.^,'2sen1.1[�Cn in S�hedul:9, 4, Any final couR Order C�juG.)I�'�Cht rr.puinrg removal�rrm any land sd�o�ninq said 18nd of anv encr��,hmo�[shown m Schcdula 8. No covefage is prov�ded u�der ;h? endorsomom as to any covenun?, condltinn, ra�Lf«si�n, qr osh�r provisio� �eldun� �o anvironMencal p�eSoctien. A�u9cd in Lh�� ndor9amcnc,the words''cov9nancs, condrtions, nn�resrrictions"do not refer�n and do not includa the ierma, cov8�aner, eOrldiuena, f04Vi�LIOnS 7t�[I��I11iTB[iOf1.r.onc�IRBd in any in9qvRlcl�T[fC�tlnQ a ICJ6P. Tha tet�l �'�abflity uf tne �amPany unoar Said poifcy ano any d�tdor_cmenr nc�rein 5�311 nn; excced,in the�ggreyatt, tna fat:� amaunt of sa�d pnliey and costa whiC� lh�Gamp�ny is oblige?e�under tha scipi�l�e��t�eraof?o P�Y. Thl� ond�rsemcnt 1: madc e paR�t °aid politV an �r�surieet t�Tna �cfu�iu�r,a. cuna�cion.. and s�lpulati�ny tharoin, zxcep[ 5s -�4�ifed b, :h�pr7viaic� �are��. = Fi�1�Iity N�ti�ilal �iYi� IN�UIc�NC1: i:q�n'.vNY � FRIT�p 10.7 r O�TA 52 CL�a 100 Gouniersignea c�ct ' a s��q�AC r� n i ac� q c r s� T Rn�+i.i �i.inu nn�H� ��m �,� o� � s�r� ar�a� r T -,�rt Jti• AY� ��V 1M•iJ lA�l V1�.J1V� � L.LLi.J l.11\�lV 1JA.r1\.�.11l- � Y_IV1V I �rder Nu.: �2-12'3701-26 LOCATIaN OF IMPROVEMENTS ERil�OR5EtV1ENl' at[2ched ?o Pol�cy No. 27-Oa1-9Zfi23�4i 155uecJ by FIDELI'r'�' niqTl4NAt 7f�'L� I�ISUaANCE COMPAMY Qa�e: Jsnuary 14, 2002 Prer-�ium� �0.00 ThP Companv assu�PS Ch� InSured thst a[ [t^e d'a[f of this p�licy there is ;ocated un the I�nd described therein, ;mprovemenrs having a SifEPi 3L��7ress or rou�e anC/or box num�er as `ollows: 141 B5 5W i OOth Avenue, Tir�2rd, Orcgon 97224 The Company hereby insur2s (11a InSi,f�Q �93fl15: loss wh�r,n saiA msurep snall SuSt3�n �n t�e cvenr That c�e assurance liereln shall prove �n be incarrect. Thz total liabi��tv ot the CorY�p:�ny under sa�d policy, and dny end0�semrnT rnarein stiell no[ exC6ed, �n rha eggregate. �hE faCe amo�r�t of :aid pol�cy 2nd cosrs wh�ch the Ccrr�pany �s oblioated �nder the c��diti0n5 �nd 5tipulatians ih�reo( [o p�V- Tnis endorsement is rnacle a part�r$aid policy and is subject to The scheduies, conditio�s and st�pu��t�ons rherein, Nxcep� as modified by �hP pro��sions i�creaf. Nathing herein cor,tained shall be cansrn��d as extanding or charg�r,� Che e!feCr.ive date of said policy, u�7less otherwise expressiv �ated. - � Fideiity N�t��na? �"'it1� INSUI�4NCL CU4!['ANY � � FNTCO ?0.13 FNiIC 46S Courrersigned ��'fA 59 CLTA 116 6a 'd 8ZZ66�9�05 I 6 Ol 0SZ9 S I 8 I 09�IW �WOH O�J�ItI� S��1 �I� 6z� 80 900Z S i J3Q • Omer N0.' 12-1213701-z$ ENVIRONMENTAL PROTECTION LIEN ENDORSEMENT Attached to Policy No_ 27•Q41-92 623 847 Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY Date: January 14, 7002 Premium: S0.0O The insurance afforded by this endorsement is only effective ii the land is used or is to be used primarily for residential purposes. The Company insures the insured against loss or damage sustained by reason of tack of priority of the lien rsf the insured trust deed or mortgage over: 1. Any environmental protection lien which. at date of policy, is recorded in those records established under state statutes at date of policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without' knowledge, or filed in the records of the clerk of the United States district court for the district in which the land is located, except as set forth in Schedule E: or 2. Any environmental protection lien provided for by any state statute in effect at date of policy, except environmental protection liens provided for by the following state Statutes; NONE This endorsement is made e part of the policy and is subject to all of rhe terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of me terms and provisionS of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements. nor does it increase the face amount thereof. : Fidelity National Title �. FNT 10.34 FNTIC IC 483.153.1 Countersigned ALTA 5.1 OLTP,C:.1 CLTA T1Q.g O I 'd 82266C9COS 16 01. 0SL9 SIB I 80afW 3140H 092fHd 37-13111 62'80 9002 SI CdQ � --- --- - - -- - � � = IIJI! i Fi.delity Naticnal Title Company of Oregon ' — �, � .:, � , ; � �<< F 4 Map # 25Xx1�B OOSOa S 'hc drew�ng be!o�v u eupitd fiVm Ihd publit rtt0i�;s�n)�5 proti�de�3u�e'y ier tha pwpose o�:.�ii��n� in��caqn3�hc�JremiSes. �iCality ntational 'fi�le astumes no ft.biliry I'vr van�tion�,if iny,tn dimeiisions, zrea vr Iocation ottlte premises or tA�locarion of impmvements atCeCta�ned ly a=�ucl<uney. `!� � ' � i � ' I a�w I� � rt�, ?. � � I ' r'• �I �lO�i.. . ,��'�AQ 9a,4P �"�. � �'a.�' � ..��.�ti� i ' U � ,,ao, ; I I "b:gM� w . �� ' ` �1 �--• � • anzac i � , n '` �•.x'-°�� i• � ; , i , I a � � �,�, ` <�, �srG,aa . ;� 300 r , eoo . �, � � � �' �,,ec �� ' ��- �. . �:�s�G �;a� k�: I� � •———• � —— .. .--—--�— .. � ._.I_ ,a». 4 Q.�^�_�� , :a>.ea �, .. _�..�.i ; �� / c w I /� _ .. . �`S �' I I + + � • .� se,��sc,. � �, y � � ,g a00 �I i° `o� . � e'�Ia �� 13 I' 7fi ac �' � 73� ',y.�'� c a'� i �� ' � , 3�,, ? i_ I� �. �� . . _�__�,� . `�L= .,� , 3ee.ea --: _ - i . � ' ; � ,.•� � . ., -- 9.690!�.,tN1 -- r . . . . . . � . T— ' __—. .. _-..—. _—�+�w � I � i .�iooao ' , C5 �r�s. P I p I ,y 2.c 78 AC �. � � 13D0 � � 500 . ` I ° G:ac � �, 14� 1,i a a c �/ _ __ N D�y�]GLV I � 'r' --�idae I �� + = i 1 ' � 1� . ��rs.sa • i � ,� \ AQGO _ 11G.16 � � � � , I`.,CI4 L I t :29•3E�oa'E Q F� ,�� ]l1119n -�� I I � I`_=° 1200 f �� l� > � O ��i . �7 Ae ry1� • �� ¢i i :� �� a3e.c �- 1bIP� 60Q / ��I a ' :a tz i u f f i ,� Z , �xs i,�on� ;I iA' I . 'I P'b � �� , f � -._ • � , � . _.. .� � _ N97�BSdaw -M� a------- �u.0 �'.Y.��A� �ae.s�.oew � +G8 oe' � :BB.�O ' _' �.r . 7 '1 . , a—• . . ' �xm -0 I ., ...�, ��'• �� ,�7.w— .. . _ . � : �� ee.7a � .. "� i�.va �� I I �e as�nw S1C� ° '0� � " 1 � .3s a� ' aoo � �o� << �� ,�� ,� I , , . 7000 900 ! =SnC a6aC ' �u� J2AC 1 � AC l8 � � i �� °. � I �� I � � � ' K8YSY90W � I � 2±n,�e � � �]G.00 -� R. '��t.t�.��.tiGL70� .�y'�,.ri'.'�...�'. .,��.fA• �KPO B7.?p � � ' ' ft2;00 (�T.00 i 160.79 � ',5600;.�:-•�.. � —,�� • , ._—,•• — a ;� � ' _ � � ��a�.�:�y • , � �a�....7�W , � .y�, I�. 13�� Q J.J ° IS7}I�7G ,`t711f�0. ier,neC ' .f . - . . . ' • �$ � �° � � ,�oo ^� i�,e „� rccn �' . ' Ff• . . , i� .:�►c =� ?S . .t9}1rA� ' w.,' im11�BC 2 . . i°, 90 F J� �. ��. � ti.77aC �',� � � �I• a , � ,;... , . , ,_ ... . , �� i, � r. -w� � �- C.. ,a�� ° + —_�4eo —„ i .ao . _�s `•'o, ' ' I °.s" �1 a � , . }•, , , • � . � e S� V� ` TERRACE '- oo_y . " SW 1 ,� ,y y—?4:.r. C B!➢��j.�.v � � . .., r--- i — -.... _,�� a � ._,._,._._ 37x.7o _ , , ,. , r:n.co� �a �'.� �;y�� i' �:i�o �'° �� S , ' te�io' �' I � o` • , ; A ; w � 4 >I 6i ' ^�ii9e � � . � '�. � 7f1 �� '�7:�' ,�, 2!I11Ha =b I `SL'� ' �ii'8C q. � y �� ,-�C 0C �L Da0 � ,� ? �aco =�� , � toDP• ��w T� :S'-:HC �'YI� , 4� �':� ]7GC ��; � _. - �9cc V �.i � ��, - � x'� ,:ov �;� � ..t- �h'�' , . � I % r � :) � � n Y ' • -----�'a.)n� . ..� j ' � r � i r) r� i. r r, �eti�,.�:�.,� GO �, v ::' i .r � �� •� �� r ��._�_�... __,,, ao�.�v �_�'_ rr ., .sr, n =�' ..� /� .or..w :e:ae ' .s. �� •i �1e4r . ��9.W u1.90 '00:7 :,.00 . . I I ' d 8ZZ66E9EaS I� () I R�J q �i R i Rn?IW aLIr1N f1�NH� ��m �a �� ura or�rn� r T -��rr . � � � "Order No. 12-1213701-28 � A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $138,700.00 Dated: July 28, 1998 Grantor: Robert E. Ruedy and Donna L. Ruedy, husband and wife Trustee. Mark Peterman Beneficiary: Fiome Savings of America, FSB Loan No.: 019758648 Recorded. August 3, 1998, Racorder's No. 98-084665 1 Line of Credit Deed of Trust, to secure an indebtedness as shown beiow and any other obligation secuted thereby: Amount: $46,000,00 Dated: August 19, 199B Grantor: Robert E. Ruedy aka Robert Ernest Ruedy and Donna L, Ruedy Trustee: U.S. Bank Trust Company, NatiOnal Association BenefiCiary: U.S. Bank National A55ociation ND Loan No.: 66400i00337120001 Recorded: September 28, 1998, Recorder's No. 98-i 07201 7he following matters pertain to Extended coverage only: 1 1 Any facts, rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possess�o�. To remove this i#em, we will require an affidavit and indemnity on a form supplied by the company, 7 . Diserepancies, conflicts in boundary lines, shortage in area, eneroachments or any other facts which a correct survey woufd disclose. The company will make an inspeCtion of the premi5es and this exCeption may be eliminated or limited as a result ther�of. . Any statutory liens for labor or materia�, includ;ng liens for contribut+ons due to the State • of Oregon for unemployment compensaiion and for worker's compen5dtion, which have now gained or may gain priority over the lien of the insured deed of trust, which lie�5 do not now appear of record. To remove this item, we will require an affidavit and indemnity on a form supplied by the campany. END O� ITEMS AND EXCEPTiONS NOTES; Note A. The address of said land is known as 14185 SW 100th Ave., Portland, OR 97224. 4 S I ' d 8ZZ66�9�05 I 6 Ol 0SZ9 5 I 8 i OJ�W 3WOH 0�2id� 5��t �i-i �� :t�G1 9G1�� I ��CT ' � � � �—' �'�Order No. 12-1213701-28 Note B. There are no judgments of record against Robert E. Ruedy or ponna L. Ruedy. 5 � . . 9 I ' �1 �3��FFf:9�'�i�t F n i A�� q �T�+ t An�w ai.inN nnNH a ��am �-+ ��: s�A ac+A� c T ��rt . �� ZI ' ��dd �d101 wx � � ,� - lilll Fidelity National Tit�e Company o�Oregon � �� Map # 2S111BB 00500 � � s � � Thc drawing bclow is copied from�hc pubtic records�nd is pto�idcd soleYy for the purpose of 3ssisting in locating chc premises. Fideliry Nazional 7idc asaumrs no liabiliry for varia�ions,if any,in dime�isions, area or focation of[hn pramises or ihe locaaon of impro�ements asccr��ned by acwal sur�zy. QI � � � � .. - j � ', ' Nge 6 .9CW;�` . g � l -• ` I � rn. -___,�r�.�IP!�--0.:...�...�-�.ra.co � i 1301 I � t'Bae` + W "'_i�. , .� U 3.92 AC + 'k'(' aa ao � . � I � �� $ � �h ��. � ';� �'aAx�ai• ° � � � � a 300 �� W i_z � '�� A� , �Q `�I I I I I .31AC ml � �.' .' .' .�'. �� . 4 I -.—•——...__. I ___,_—....�. .__..._. __ T�,� 'r •-• � � p�. I 197.7� �'^ � e ,-,��.8 ..' r�,. . � � �'�� i; ��;, s 5 fW � � �t6�i�g�, � .yaa'•. � �I � aoo � '�':,-`�.�A� � �3��,', � �� 18 - .76 AC _I ., /'� �` ^ w � /tl. � f'^ . � . .�'��. � � ��^� ■ � ��y I: 70 9a' '.�. I ��------ --� a'E�'[!,"e ----- --——— .... ..r- . _�--;, i . . I , r'' ' r� +� � too.00 � i�. , aa[;ta+�: �r ^ w, �� I �R �' )o'Ac ' , of �a' 1300 600 � � .' I� 1,14 AC ` "NO� aev�! � g .ezAC � iJ �a � �,?+�o�.- , ,ri . . � 134.96 � , i. . . ' . . - � I 2 > �. .� . �'.� - \ � �-- — �S� , t0eA0 fle�96��00f � �'.W�,'�,'te " � ' �I~.� ;8 � ' �� , �-- ,,,� �.'_��, � I I �, I O f�� •. 67�AC � � � .AOirrer \ � 'i O �� 7200 \�FI, p 600 � ��' ��! ` �� . ? ,I r � ,33 aC 1' }5 I�a� 7.30 AC y .,�� ' , 1 f^ ZZJ I�� 'I _ ...��°^r,;A�,'�`� . l bu.tx yY,o �+e&ea.00W,r,. �. � .__. . NBaa6-OOw ��-�"o �.^�M��pq• , �•. _1 �' 666.70 �- _uA_..` ; tD6,04' y -�• ---� j } tei,eo _'_ ,� m,00 " � � '` � ,tsrr,� ... �ea.�a 1100 I . • Pop . � � .95 AC 800 700 �� I.�� . . , .91 Ac ,� � �000 J 900 3e ac I 36 AC � � ' : � ,72AC I � AC 16 I I ,�� , �, _ . � I � NBY.Sb00W `� -, I I I110.00 I 170.00 . ' �v.�;..� ,�.�2�.��N 7 . \\�t��•4, ��1, iT1,00 �67.�0. ...,�..�, "_'_—� y' , �11. 7 �� ,�.00•, .�2a7q I -IW. „NB]�4.LOOE� `�.' ��, •.�, �COO+�B-OOVr ,js�r:� ��.`�,I:�I •.'�,�.. •��y`�' � •� •� ��" �� . �i' ,d I,�o' YJ00 �� n �p° �Y81�79C,,' „�2S'1f180.' ''n '7doo��C.' ej. �,;, , . . .a� , , I f� .33AC C:'1. � �. »oo •� . tmo -� ''�p,� .,•",, " ; •� '� . I ' �� 5 �, � �� ,'" , ,,raoliso•. '., � , r ,,• ¢sr�.+ac . • . . , � •.��• "�. �;� �. - '� '�- '; �s' , �.a.� 8.,� . ,.2rAC . ` �: �a � . : . 3�- . , , . 3: ,�o 00 � i .. �� ,,'�QO' ,, �'. ' �; V\�o: ,', . . , . . ,, - .p6� .�..•�A..' � , . ., , �/�/ '�i j . �+' '. : ' • I n SVY � SW V1 TERRAC� �,00A�� '-: • `s.,�'�- . . . . W__^___ .. _ . � 9. � ` " ",'`•�' �a��a � ,1• uo.00 - '1� �c +7 � .�. U. � /o': —�-^-•—'�''`��- /�--'—T' c ! ,��,:';., .97.3Y �NL00� $,�� . /p�'9, '�., , . . . . I,` .. :�ba'JO , � ' . �a ic. �, �� A' , • '•. . � � . 4Y ;�J'g�' .�•../ ,,�'� �,:sr�r .,n � . •�26t779o�.' �� 'i�o�� 9a �F �e.�, :I , ., , .�', ,5 .� ' � �' � �" �oo � m ' ^ $ '$ :+� , � � }�.� , .t��.C � 2at11BC. �.' % . .P qY A�� '.37AC ��I �1 i�' _39o.0 ;� �� .f �'".' .7. .'rS 1�.'�r , ;�;'r'' .V n . ,a;ro , ,r�' � � . .. � .. ,t � I r ',:1�; '�,'..r'' ��` .,J•� ,j�' -� �, 'J�, i�'I�'.ao. `�wo.uo�_-'�+, '`-_�, [�r` � • na,ov, ;3��,... _._p� u.00 � i, vieoa ,'kB.ov� L I 'd 8ZZ66E9E0S I 6 Ol 0SZ9 S t 8 I092iW �WOH OJ�id� 5��1 �i� 6z: 80 900z S i ��Q ��X F�I Q I T �! " �� p.o�►w ( $ J y � .. < � < v g.t� '., �4 ..'48 ..' � ^_ ^ �, � � a 300 $ W v �' :�.!�. Y, �~, r � .a��i m � ��' ,5� `/�' `I-�i� _—_� ♦ �i ,�� ,'T�Tl—� — 197J4 x te�` �� < 'C A A ' `'�," �'Y`n `i� '• ' i � ��` n 8 �� t�,2�7YYdAr� ��.��I`�� .F i 400 S }�'; `,,aa6 `., �� ,;� ,;� �„ 13 � J5 AC � � �_�; .9�AC y� .�� y� .�. ,� � �� s A��<� ,f �� .. , `�� ~\�'� �. � . ',. .. >,� �` r „" ., Y.68LHAiNS ...�, • �, , . � . IDOAD ~ ----------�--�– / �� . \�.:` �' �< `�t` �x R . �� 1� , � �` '` ,'•` �" ` ,;'` ';, / � � 1 `��' < l ,1,��} '`A� l�" '-.^/ '_1� i � � ��/' ��i t�� 0 500 „� 'i �", AG r} 14 t.t4 AC ,� s`,`/ ` ' ' �,,�`�'` .,' J s ' �Y� ``i �y .vi !.��8. / \`� � i� �� ' 2 •^` ,�, .�, .,,'�,�, ,, • . \ f00.00 71DJ5 '+ y''` .�� `• e Qq ~ ' /%• 888-35-OOE � ' �' ��1g1�}��`� ��rl�t,` ,�''Y �� ,<' „�7�~�v'�`�'%� g�^r��-��t�L��r l ; ' ; . . ; , 1b I8� � � <��`�, ,y, ,y,��.`, �,�, ,�;��;;{ I�( 1.30AC � '■' ';� � `;t �;: y, I � �•^`�,- .�; ��'_ " �< —1— � Nes.��oow 'ana:! m�.��-:... eae,�o ' °�� o ,�ea,oQ•• ,,, „ ;, .< ' �7too �,� 'y' `,' ., �tes.�o � �' �,.' �� '.,si 1100 � - � '�� ( 900 seac 8� 700 � �,=`. `. ,'�, ,�i AOAC ,36AC .36/IC ?"' �` � �� $ � '<'+ �Y'r��y .� ��H�,6}�".'�,%�,^ � uo.00 �, 1, •�� 11AAC 971C3 )�� 4 �� `� , �S/ T,� `� �Nl19;��E� /� � \ � I\ ��\ M7�, `•� �� /�\ � � `�?�y\�� / ��' ` `�: �. � 'hl` ,)`' n �w n�� nl' `�� 'n` - '� y: `2_�` ' ,, , , ��';- ''., � . .�` - ," � , � . �,''�ar� � � �7�D�i `� ��i ' ±� ��' .y� `� `Si �� ,�' `��, ,.�, ```/'`'�' � ,�4�� •��• iC� �-.Y �,` .'�i� �; .`�! .�T� ��` �``/ �'`� , v� ' � '� i�� /� ' ` '` ` ' � , ` y '��i�� `', } �'yi `y. '�1 /Y i�l/ � '� ' .�267L7.g0 ,� •c� �+t� �1� .fn „ �<� '<� �\1 �/\i � �'.. �C'~�m r.� � ��' �� `. Y ��%�1.4c��AC�' � � �� . ,� � .`�� .} j; ,� b`„ v• ♦4, 4,'� .�� .�- h � ,�� "��,� ,s� [n .'N , � ,\, ,�`' ao;^ /\, �.,� ��, ., � R .�� i: ; i . -- -- -;. %:J ,<, :: �� `:� Y, � ��' i ^ ��0. �� . . .r. �s. �A,i;\ i:`��`.��'� ./Y�. � O V TERRACE ' �°� � �� 'D� > > n )'l �v� �,' �'di-�9yY ��' �v' ��r �. �.t C�� y 33+►70 �\ o. ��,'s'�'�.'>•i4 Ht .�, �' g' '/'; ,v. . ,Y; � ,'J. .'; ,.<, ,�,fa,'^ '.� J^ %: �y� .Yi id �9�.. ,��.. '`` i `� '� k '` �i� ��i � �, 4 .� ��. `�5 Y• ♦y�� %i �� y��1��s�/ �y� Map No. 2S111 BB 00500 TRANSNATION TITLE AGENCY OF OREGON 12360 East Bumside Portland, OR 97233 Ph�e (503) 256-1163 Fax(503) 254-6992 This plat map is br yoir aid P�bcabrg you parcel witfi referenoe to stre�and ofher proper6es. While this plat map is beieved b be corteQ rie oompary aswrt�es ro liabifdy tor any bss ocarrirg by reason af reliar�o�the�eoa -.3. 2S 1 1 1 BB 2S 1 1 1 BB f: . �.� � WASHINGTON COUNTy '�"� ' '"'" k �-'' DEPAATMENT OF { .�.� I--- ' ASSESSMENT&TAXATION �°W f �� . .„,� � � � . 1''" DEC 0 1 "Z006 � ' . �r�,�� ,�.w w. ,�.w ��•�..��____��; ""�-'.-, , � FOR ASSESSMENT PURPOSES r �" '� i "'"t 'g""; """ ,' """ ' . i ONLY-DO NOT RELY ON --�- �;�. --,-—, '? FOR OTHER USE '�`"' ~- mW ,� 3.� 2 � �.xt�lY�., � /�I n aa��a.wa ALD ROAD (CR 4.3 ' �°"°`� - �� , ,�,MM.�..QQ�N,�YJ(�,� ��T —'saUTN uNE GEOIIGE fbCN�qpSpH p�C]e WASHINGTON COUNTY OREGON R . S � 1t �� =:uS.:__r ��"'��""'�"°i�"'�� ""'""'—�� NWI/4NW1/4SECTION11T2SR1WW.M. �o „ ,�.,. � M:.�'—`_�wa—• , ,��. �.,.�.: ' �.a..�. * e'�l�-- :�—�---..� ..�--��,_ sca�e i-=ioo• .<.� isoa j g' 6I.. ` � � i _- — , .. .. . �sac 6I � i w' ! xnrr . . . ' . . . . � I �I}'.�,�a gl�� nH 8� '� 8I. �� I 36'� 31� 32 33.'.94 35 � 3fi �91._. u I= too i ae�c Hl# �x1c ��Z�wnr �i• �B� nK �� D I I I xoo '� w�c I � \ �, s � 6- b .s : 3 z.;.' s . � 9 � t .so�c � I I i z 1� �I�' � � I CO � - � u°.o sl �� i „ ��.�: � � �. I . � � , �z ��, e s.. �o rt tz �--T_ � . tw� � 'k„ ' aeuc U� 'iaoi 1-.,�� I W C�. " ra 1e �7�yL�:ls� �� 3 j , e.n:.c � I , � � - - - _� l'—•��w � � ; ' _ — -- - . \,Z us a �eox .i `I i I� aoo �w � . �� „��,M m :t F "�i� 2� r 5,1 2 6 2 r � Z q, 2 0 i 9 I7 xt .t�wc � I I^ a,�c � s '. �i�t ay' S'�..�+� i �._�.�_. .. �1 � , � I. �n,. y ='° .I ° �----- ---- - — � I � Q._—�'9'r—_ � � � < zs �o_ ze' za,2r se .zs ao : � —� i `�—�=' -�+___ ; . 1 �--t i � .a[ �T 26 3fi �37_ 32 . I I I W f� . '�dr �� , 33�i-3� 35't.96 31�{ �� I �i, Ig �8 �,��. S�� m � — �� ;i ieoo q�� i�oa �� Z�i i3:g �� y ,�g n�c G� � ��3� s .1 , 6� 5 I ' 3 2:, .1 , B.; _ � � � o ': �.: :: ,�., ' ;:'' "°"` ,w,ti il Wi�/'� � � tY ----- ---�- --- �.__.. ,::'.::,..;.' •,t�;,' 7 .--___— ., ,- _" ,..,"._.... FORADD www . n. r. s 8Sl7EAi .'•�,•`��•'� '�'i,.;..��, _ { '_,'•..` . �"o:.�'•..'`.� �� . .. .-- _r _ --_ _ _—.__. ._—.__ _�z . . . , . .. ; ... ._ _ .._�. t. �� I3 �a �_ !T � '� 710NALMAPSVIS/iOtlAWE � Q�� f � . �.' ,u q3. Co w�shlnpM o u � i ,.=��. I ��.� _ �" - . - � � �, :. • i�� I 31 7�c . . �. � r BB Ba AB , M 3000 �I � 1300 I 500 , . ��*� . _I . . :,� �- usnc � �y ex�c . �� ia �.uec . . �t .___ B. -. �, A��._.—. . :. ., .'=,• .:'' .. :^,.;: . .�_ .q.n ' . :.,�•`. � . '. .. ,_ r°iov' � _ . :- i ' . , , , ' '� : l ..I��.l '. ' � r..�*M�� ,� �� — ...Km� / - t '�:� _ _-, ,�.r., ,. /1 F� ao.00 .�s.n / Q . , . � @C�ECT� A�`AD � � Z i� � �;�iI-a,,. ...� M ; <� I � o'Ai c�,� h ,s. �:'�.. �,; ca c.i na aA 3 P ' • k OI� izoo ' ��g$ �;h !C� 3600 .1��[ 16�� 600 �.. ..,. I . .6vx� i'� . . '. " � : y��.,ss a � 1 � ,.�o.� Rj t. � . �l> � — c � �--� � � � �°� �g �.a.c � �� —_��v�r.°:�� CC � Ctl�'�I.� i' DD �I s Oi+oo K F q � «.A ---- __ - e—o e >�----•----��--W�.-_,_ _i �j��'� 3 2500 � 9 u p �� /� I I �� I � e"e CancelletlTaxlatlFor. 2S111BB�;. ...�-�—�' + . �i�� n�R� ��aa.tAi.lN2�YW. � y! „I �00 � ? .os�cc � eoo � �oo I(� � �,.c �iY q�9L nrN� � �"T�� ; i 1000 I I OK � .]6AC .]6K � I ' � � 9 �'J.� � �� ,'�'�.�n.� &, I° .)]IC I 16 ; I I .'.I . . � ',' I rJ " ."10 21 I I , ___,_..__ .. �� y�ff.�ioo'�° y� .n .v �II�� nio�. � Y4�+ a.h.R-�q.,, ...�/��v.. . . —__-��-1 F. . . � . - A!M �� . A . �I . ] .4�'1.�� g .� 2�I .. . . . �. . . . �_T� . . I . . . � . . . . � . w �� xr1�a� ' .�' . .-F . � ;�E.•-«��p .�� 'm d' . . ' ' ' � ..al�ac �,�� . . - -' �. � �. . a an<.� ci i � 4`� :� . . . ;i a Zg .co�c- i iwiaYsa � � �4 i° ��Y` . t �Ifr .. 2� 3�. .��c .t �anro. ' - IY 8 I � �p 1 �� . �iias�-�� ,y� JR�, I �� i . . � . . ' �t.o4 �� . . . �f.]1'nC' � . �..�i �I� . . �. ,. ,i. .. . _ .' ': •' i� `::•��,,,,'•,�;.. l,. �' .; ��;r••'•t• ' y , �--•...-..S':3_._,_.... �� SW � VIEW TER�� '`�- I' �" a/�� $ � ''' CARTOGRAPH?' . �° . R . . . ,�,m� . � 0 . . m.a � SW v� . . tia ... AC IEW �;�-'�,• w, E _ . . � . . . / b. � . . . - . f .,v, �, `� '' �� . . � ..•.�.. 4 •„ SW VI TERRACE ....�„., � ..., � I i°' �r e _ 't� �{ "��......».� <,w • wEOO+ ' - ,. .. . :;,;.,': ... .........:.' —, , ¢ %,;:•:,; ';:•,', _� , �„a ' �. _r.. � .o,� , , � � �� .�,,. ��. , �---- w " ��+,p �'� �'�° � ' Y'' � ' [ PLOT DATE:October 17,2001 . "•'!a :a' _{. "°`', �I 3°.�.. °��° �" �;a.-��l I. �'.: p y�• n��' �b�e°�.�' e s':,iw ;�,: m�„ea R�, js � ir .� �y FORASSESSMENTPURPOSES � s� � ,'�`� �. z w ;; ��_I , „ Y�a, .�.rx , �.��.c �•� iA�Y. .30.� �3 s � ONLY-DONOTRELYON ,..n� f�. ,#� .�� .� �� '3 �;, �f. Y ; °� h. �t to ,. FOROTHER USEoo.. �'' .'; . . •. •, ..�'.�" . r) r� r \ r. . . .. .� .> � � r� � :: ., ., ,,..,,. ,.:..�.,..,�. . G0� �� .1� J Nara ��nem.aWe.r�n.�- sn.a�am .na'�w ;.: •. ,, •• •, ." _ �. , .-��p �m e.a m-rere..�oe mrr e�mnr�onoakrr.me nosr z , ..1 Il� .r'r �"' �� I� � �� .IS .. ' «..0 70 � r� �3 ' I �iieo , . � ��' � I (�I� . _�_ '.OT�- .� w�mrromnvm�,.�nm;x�.rmwsncon.vwrmenon�meremw .. . ��._ ' i, � , .i vv+�: � I . . � I . ��mnmmrn..mm.�✓anerro� �` I. �{ ., r . �. ; � . . a° ' .ar n , f. ruo ` .s � I id�,�o.$� .�,n�o 1 �n�o . , ��+ � w, x . ..-�S` �r ." C .'a, :J�� 8�8 �as�c �_ aax Rf .x�c 9� tl i$, so�c •i0M X�. � x- x'ne �f eetc 4� a4�c' �B' � . _i a . �. a„�.� ��''":.I ' �. � � rl� r� r1 ' �/ i i I � �� .� ! . . , 'rJ !� TIGARD aw�„w„ 2S 1 1 1 BB 2S 1 1 1 BB d ; � 2S 1 1 1 BB 2S 1 1 1 BB .. - �! C�f�rm�vrs ��=�rr�,iT�t� ` �� , . . I /\�/�� //'.'._J 7�C�L-r�•_"G iL� �C y�y�., .rbr aun ' � �v M.r . w.w �.; awr Iwir � armm � . • • . �br ].)]AC "�W INIW IMM IMM �. � , 186w � iePw 1N1M ; ��W w . . IMN'� IaOW � f31W Id11Y � 16]w l9fYI M'W, 9 p JiSM ALD ROADx�(CR 43 ---SW ��ONA�D STREET �°�^��E A��o�� p$� WASHINGTON COUNTY OREGON R p , � , , g . � ' '� —'— NW714NW114SECTION11T2SR1WW.M. �'�' r �.aq�••�• SCALE 1'-700' �0 ,. "°" � ...�e .'° � Q :ra.... :.ac�wxs ' ,r��.,. ' �• n..a. ' ,..m . u.w i� u.r � :a�ic 5 S m�rr I 3 , .A �.,.� s�rrrs� �g i �,r &:�Z,a ra �� 36 31 . 32 33 9I 35 38 31 9 ,� ao i� i500 �x Pt00 g� � � .ee�c 3°� .� :�e�c�g .x�c e . .� B '.5 . .1 . 3 2 ' 1 � �� nM ¢� Aa�c � sea �f0 e e t0 �� n iz \J f - . � \1�,,,,, 12 7 8 9 � 10 77 f1 i $ 1601 g n ' . A rov �oo'" / � . . � � .�� ¢ I� � i • .�/°p.� 73 18 . 77 1a 16 U � 13 ld � ' I�g88 1a1l�C j � W.00 � y A6�M 'ib� . .j' <`� � / . . . . .. . . . . . _ . ;?� �,Z,� � �r.n u.a R� 160Y � ' 'a 300 a 8 W'g f 1)d� �,S �;$ �u'w M 2� f9; �o��zf . 2z�, z9� zr ts � u�c I \�� ! � • ,,,. , � .,�� . . . �.,>. ., Q�� >d./� �6 4 a, zs so aa ze z� ze � so I � ' � "' i `� 'j $ � 8 8 o M ��y �^,� �� .� 38 31 � 32 J3 3� 35�90 31 i <� e ieM 4�� noo a Z 73� .�snc s F n�c � 5�,.^� 5� } B . 6 I 3 2 / B � � ° '° `a �°�` � > 23-74 /�,. $ 4 y �pADDl1/ONALMAPS WSROUN WE6SREAT ; �c� Q . . . ,.Y.,..�.�..�,��.a.�. r � �... , »,. , ,s,,. . �� • ��"• ' s „ �;';� � � � ,� ,� `� � ;, _� ,�� , .,»a.,�,. t � a ,, �R uz�c � � ei�c �� is � . . , � -� �l . � , p « . I w�w M:. .� ,� • ��A• �� 0�n� BC BD � AC AD ..��+� ANDAn,A '° � _ ..^;:�� "'�AM ,,,,�couar �,o. . ��. �w . ...m� •o � or�- a� U ,o,K SECTION 11 � ` t200 \ 4i a�' • •e � V Q C� � S��c & :i�� CB G DB OA �� A .. _"-a. � 0 ! ,soo a � / '— 9� .ea.tc - _ . ...-... . ,,.__ _ ......._.. __. d v� �t.' � s��a zeoo �� „ a�.cr � 15a�� A �t, lj � � n,.�,, `' g ieoo " 27 ' , v �,';�`°, � �� cC C Ca nc o DD , � ... . � ;� ,,,. �� ,,.K . . �� • ...,� .��W„ . . ,n , '° ,.W ..,. � 'n:,� ' ' 8 ,.,.� • • ,,, • . . � � zwo+►' 3 �oo #� , canceneeraxanF«:2s�iise s •�z s..,, q r�� qg �.00.��o�.�ros.�eoo, , ; ...... i � 'i°° eoo � s,.c y� }... _py.�511. . ..�.y. m . ._. .S � 16 .asx �� . , ... .. ''p�.ii. ..�� $P � 1�00 �pAC .96IL .�611C 8 ��" � •.. . .]]A[ /1eV �. � ; " � � � U � � �1.,,,.� �� = ..,, � � . ,o = „ ,�m �� . . ;i '°° d" . :o"° - �„� .. ,,,�. � ,,.� . �� . ..,r �`¢ ep g' � k e g+ �xi� 3 �,,W ' ..,..� s �,� ��. ' N g ' ' ./r�' d ' 3 .so�c �irrb Z 4 , 1� .]3�c t�� IB ; i N-e �u,�l g C � ��1 tl �O2� % 3 ,; i s a �!, F � �j8 nm„b � � � ' n.0 «.. � i � ' ' ni..c P Ln�c j � — � a ;�.� — ° `,a SVU � VIEW TF9 .,,, ��3: :�° «.� mp�'° ; , w �__ a�� C,4RTOGRAPM' a �,� �° sw ,... � m �..„ RA CE - �� SW VIF�/TERRACE ,' �^� ; .»�.�., $ � SW VIEW �V` . .� '•*. ..� o,�".m.w -.',o •,, .,.. � ��.W .'+` ��' t ,,.�..w ° �.>o� . n,� �wnA� ; ' i w.i . . . . u,n . a .. v n,q ; � ��°0 !$ p, p R „�,p A �,� s M, ,•6� .fr ., „ PLOT DATE:October 17,2001 a 8 ` �a', ,m � 4 q',"' 's : ,°' FORASSESSMENT PURPOSES MK � � 3 n rr�c �� rtrp � ��C Q �� a z - �' p R; ee' a = � � m,•° • ,,.� 6 e:a s��c � •c s� �9 z�c 3 e�B ONLY-DO NOT AELYON e Y� !' •° '�; ¢`�" cp I I FOR OTHER USE 1 i�...pM• - �� 00 � J �J �J'' uuoareas>e�+eareaWsa�eiyar�vdeoounaro�ae � ; 4;m t ._�:. .�J� J' _� : r�� _o � z R � IS '� � ��J � ;3 J � f�� r ,�b Y� : �: ,�m 30 e,w\ , �,,,,e�.�bM�,��,.�m,�,�;,��„�� .� .,, �A , - ; - LL�/.. ,.,a. n4W,.. .. .o.� . .4w � - � . . � w..�eM�,ro,rtYmnou,.s vb.sam,��nrn�xa�omemms�, '" � � � 3 +�� ::.e . .T. ... _.T. ,.w �� - , U m,nr � a-r.moe,a.�aM;�x.mn,m -� � i rn ' �'e Asrrea ' �oti�ao � n�o ar rm � ! m� $ i��c g'� e'oe g �3 '.I, .. } tlf�li /�� i EZ�C � r 8611C � .MIiC $R .]6K R� 36AC R .JEAC P �c Q ..o"c :g „lOM I R r' ' p zr J r �� ; r� . �/ � '� i i � rJ � TIGARD �.,.,, 2S 1 1 1 BB 2S 1 11 BB Ya�oo! Mail - robruedy(a�yahoo.com `� �, Page 1 of 4 CXN Ia �T � ��HQ�'_, MAI L �t °� � Print-Close Window Subfect: #6084057 Date: Tue, 5 Dec 2006 09:09:47 -0800 From: "Peter Balzola" <pbalzola@pru-nw.com> To: "Rob Ruedy" <robruedy@yahoo.com> http:/ftra_n_sactio_nnw.com/ASPEn ig ne/attachments/28030F941A38495CAAEA6FF7506E09C6 email.htm HTM L Attachment Peter and Cynthia Baizola 503-684-2182 � � ' � pbalzola@pru-nw.com r�v��v.balzolaproperties.cor � � ��' Mls Number: 6084U57 LOTS AND LAND List Price: $158,000 _:�:... ��, �:�: , . . Status: Pending Sale Address: 17332 SW Minnie .�� `� City/ZipCode:Aloha,97007 �� .�"��'; PubRmks: Direct: Hart to Bany.Left on 173rd Right on Minnie Ct tr C VTour: fA0�0 1�Y��Y��L Legal: LOT 2 NOEL'S OVERLOOK OF ALDRICH ACREAGE . - INap�uest Exaedia �3.e-•J ,j.��.�a��,,=,�� Image 1 GENERAL INFORMATION Area: 150 Beaverton,Aloha Status: Pending Sale List Price: $158,000 TGuid: 624JFJ6 Sold Price: $ Mls Number: 6084057 SellerDisc: EXEMPT Zoning: DOM/CDOM: 17117 County: WASHINGTON Tax1DNo.: R0160587 Listing Date: 09/19/2006 EIe.Sch: ERROL HA55ELL Taxes: $0.00 OList Price: $158,000 MidSch: MOUNTAIN VIEW LandPropTp: RESID Expired Date: // SrHiSch: ALOHA Pend Date: ll LAND INFORMATION Lot Desc: Present Use RESIDNC Watertront: OTHER Lot Dim: 4967 SF Toqography: Rd frontage: LotRange: 3K-4,999 Soil Type: Rd Surface: PAVED Acres: Perctest: Landlease: N AddParcels: AddParcelsDesc: View: TERRITR LimRep: N RiverlLake: ManufHseOk: CCBR: Y Avail: SALE OtherDisc: SoilTypeClass: Escrow: Fidelity Nat Title http:Uus.f302.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=2674_7175 5534_2112... 12/5/2006 Yahoo! Mail -robruedy(a�yahoo.com N Page 1 of 2 `� ��tt �rt 17� �.,' �AHOC��, MAI L �2 a� t� Print-Close Window Subject: Date: Tue, 5 Dec 2006 09:13:33 -0800 From: "Peter Balzola" <pbalzola@pru-nw.com> To: "Rob Ruedy" <robruedy@yahoo.com> htt�;/ftransactionnw.com/ASPEngine/attachments/369A68D44BE646809963315E23A25D48 email.htm HTML Attachment -'eter and Cynthia Balz r . �03-584-2182 � • _:.. ..-.-- .... . .. ....... ..,.. - .. . ,., nbalzola(a�pru-nw.c.om � � ww.balzolaprop�rties.co � • ��. Mls Number: 6084063 LOTS AND LAND List Prite: �158,000 Status: Pending Sale }_# ' ,� Address: 17380 SW Minnie �„��,�"'" ��`�'. CRylTpCode:Aloha,97007 ',�- ' ""�.:-�` PubRmks: Direct: Hart to Bany.Left on 173rd Right on SW Minnie Ct vTo�r: PYOTO NoT��IlABLE _ Legal: lOT 4 NOEL'S OVERLOOK OF ALDRICH ACREAGE Ma _ uest Ex edia + '' �` pc� p 'JS-r-.,:< 3�F'� s Image 1 GENERAL INFORMATION Area: 150 Beaverton,Aloha Status: Pending Sale List Price: $158,000 TGuid: 624/F/6 Sold Price: $ Mls Number: 6084063 Se11e�Disc: EXEMPT Zoning: DOMICDOM: 17/17 County: WASHINGTON TaxIDNo.: R0160587 Listi�g Date: 09/19/2006 EIe.Sch: ERROL HASSELL Taxes: $0.00 Olist Price: $158,000 MidSch: MOUNTAIN VIEW LandPropTp: RESID Expired Date: ll SrHiSch: ALOHA Pend Date: // LAND INFORMATION Lot Desc: Present Use RE5IDNC Waterfront: Lot Dim: 4142 SF Topography: Rd frontage: LotRange: 3K-4,999 Soil Type: Rd Surtace: PAVED Acres: Perctest: Landlease: N AddParcels: AddParcelsDesc: View: TERRITR LimRep: N River/Lake: ManufHseOk: CCBR: Y Avail: SALE OtherDisc: SoilTypeClass: Escrow: http://us.f302.mail.yahoacom/ym/ShowLetter?box=Inbox&MsgId=2902_71808104_2113... 12/5/2006 Yahoo! Mail - robruedy(cr�,yahoo.com Page 1 of 2 �� MAIL �x �cB�r � � �, ��Q�•"- �3 d� 4� Print-Close Window Subject: Date: Tue, 5 Dec 2006 09:15:35 -0800 From: "Peter Balzola" <pbalzola@pru-nw.com> To: "Rob Ruedy" <robruedy@yahoo.com> htt�l/transactionnw.com/ASPEn�inelattachments/472B2DAF12B7483D6656175740EBD432 email.htm HTML Attachment Peter and Cynthia Balzola 503-684-2182 � , • pbalzola�?pru-nw.com � �.�v:�d.balmlaprope�rties.con � ' � � • Mls Number: 6093635 LOTS AND LAND List Price: �165,000 Status: Pending Sale �'�� Address: 0 NW Albemarle City/Z�pCode:Portland,97210 � � - �°� PubRmks: Tucked into a comer between#419 and#485 NW Albemarle this �i�."rx = ,r''4. '� i j Rare NW lot is pertect for a contemporary'dwell-style'home. �°°' J� some view towards the North-go see what they're doing toward the end of NW Marlborough-similar conditions and lot size. �v�� n��uq��t� Direct: Up Albemarle past NW Ariel � �; �' VTour. + ` ,��.-z�':t Legal: K1NGS HTS& RPLT; LOT 6 BLOCK 28 `'��"'� j:• Mapquest Expedia Image 1 GENERAL INFORMATION Area: 148 portland West, Status: Pending Sale List Price: $165,000 Raleigh Hills TGuid: 596/Cl5 Sold Price: $ Mts Number: 6093635 SellerDisc: 2oning: R7 DOM/CDOM: 19/19 County: MULTNOMAH TaxIDNo.: R198341 Listing Date: 10/19/2006 EIe.Sch: CHAPMAN Taxes: $1,249.82 OList Price: $165,000 MidSch: WEST SYLVAN LandPropTp: RESID Expired Date: // SrHiSch: LINCOLN Pe�d Date: // LAND INFORMATION Lot Desc: TREES Present Use RAWLAND Watertront: Lot Dim: 4,450 sq ft Topography: Rd frontage: LotRange: 3K-4,999 Soil Type: Rd Surtace: PAVED Acres: 0.10 Perctest: Landlease: AddParcels: AddParcelsDesc: View: SEASONL LimRep: N RiverlLake: ManufHseOk: CCBR: N Avail: SALE OtherDisc: SoilTypeClass: Escrow: Chicago-K.Hays http://us.f3 02.mai Lyahoo.com/ym/ShowLetter?box=Inbox&MsgId=3026_7185143 8_2114... 12/5/2006 Yahoo! Mail - robruedy(a�yahoo.com Page 1 of 3 YAHQQ� M A I L U �X'��'�T � Print-Close window (��F 4� Subject: #6071634 Dste: Tue, 5 Dec 2006 09:08:47 -0800 From: "Peter Balzola" <pbaizola@pru-nw.com> To: "Rob Ruedy" <robruedy@yahoo.com> HTML Attachment Peter and Cynthia Balzola 503-584-2182 � 1 ' • � pbaizolanpru-nw.com vd�;dw.balzolaproperties.cc�n � ' �� ' Mls Number: 6069408 LOTS AND LAND t r'�' °'"`�� i?�-�Q � h ' �� Y �� .. �. ,. �- Status: Pending Sale �}� ;= �. { � .� �,f' •`:.�� . Address: 2800 NW ARIEL � , , CitylTpCode: Portland,97210 �ie � PubRmks: Steep uphill lot on south side of NW Ariel Terrace at NW Albemarle. = ��__ "91! • Oirect: up WESTOVER left on MARLBOROUGH right to ALBEMARLE left to � �, ARIELTERRA ,'� " VTour. �f a'' °� Legal: KINGS HTS& RPLT; LOT 10 BLOCK 27 � Mapquest Expedia ' - a Image 1♦ GENERAL INFORMATION Area: 148 portland West, Status: Pending Sale List Price: $175,000 Raleigh Hills TGuid: 596/C/5 Sold Price: $ Mls Number: 6069408 SellerDisc: DSCLOSUR Zoning: R-7 DOMICDOM: 70/70 County: MULTNOMAH TaxIDNo.: R198328 Listing Date: 07/09/2006 EIe.Sch: CHAPMAN Taxes: $604.13 OList Price: $175,000 MidSch: LandPropTp: RESID Expired Date: // SrHiSch: TIGARD Pend Date: ll LAND INFORMATION Lot Desc: WOODED Present Use RAWLAND Watertront: Lot Dim: 55 X 81 Topography: Rd frontage: LotRange: 3K-4,999 Soil Type: Rd Surtace: PAVED Acres: 0.10 Perctest: Landlease: AddParcels: N AddParcelsDesc: View: MNTAIN, SEASONL LimRep: N RiverlLake: ManufliseOk: CC&R: N Avail: SALE OtherDisc: SELLER LIC. RE BKR. SoilTypeClass:SILT OVER BEDROCK Escrow: Fidelity National http://us.f3 02.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=2613_71728999_2112... 12/5/2006 • ' + . ` ' ;_ v�. l+ y�?�•_. . : ,� �; r� , � i _ L.�.�.�_..Q i ,, PROCEDURE FOR BALLOT MEASURE 37 . = COMPENSATION CLAIM City gf Tig�zrd Pernat Cerner 13125 S W Hall Blu�, Ti�szrc� OR 97223 Phoree• 503.639.4172 Fax:503.598,1960 The claim must be in writing and include the information listed below. The claim shall not be considered filed until all of the re uirements of the rocedure are met. FOR STAFF USE ONLY Case No.: Application Accepted By: Date: Date Deternuned Complete: DePoSit: 1 OOO (Deposit to be refunded if claim is determined to be valid. If claim is denied and ultimately deternvned invalid,the claimaat shall reimburse the Ciry for the cosu the City inn�rc�processing the claim, If reimbursement ezceeds the deposit,the claimant shall pay anyaddiuonal amount within 30 days of a demand bythe Gty for full ayment If cosu are less than the de osit,the dif{erence will be refunded to the claimant,) IDENTIFICATION OF AFFECTED PROPERTY PropertyStreetAddress/Location(s): �Q—��j�J �{� � �:C�� (��jL� �I �lCy7°� , �—/�U�T�� Tax Map&Tax Lot#(s): �-��---°�.-'� �6j --U C,��:.� Subdivision Lot#(s):��(� _�' � � —�� CLAIMANT INFORMATION Propeny Owners/C9aimaziu/Deed Holders'r:�3��,'� . �U�` "� � 9 l Address: �� `a� �ii� ( i�U _.-- '�2►.9 t1�' Phone: ��.3 J �LU --.`>fy�J� /-�� j' , �- �+ILy�SL1iC:��_Y L�� a �l__.)�� u� '�] �Z 1 .,..G�'� � 1 (Attach list if more than one) zip:_ 1 Date Claimant Acquired Properry:_ ��'��n�3 �f�- i.��`�� Date FamilyMember of C�aimant Acquired Properry(if applicable):_ � �- Names and Relationships of FamilyMembers that are Previous Owners (if applicable): _�,�,tr'� (.Attach list if additional space is needed) Lien/Securiry Interest Holders of the affected propercy: �`�.!��:,�.t...� j--�s�,��,� ��,,,� +��s�,�,�.- �,..� Address: Phone• City/State: (Attach list if more than one) Zip: '` When the owner and the applicant are different people, all owners of the a$ected property must sign this application in.the space provided on the back of this form. If the affected propeny is owned by two or more persons and not all owners seek compensation,all owners who do not seek compensation shall sign a waiver of the right to compensation. � r'P�.�� , � �� . REGULATION RESTRIC?INGUSE Identifythe regi�lation that is alleged to restrict use of affected property. Provide a statement describing howthe restriction affecu the value of the properry. (Attach additional materials as necessary) Lr �`7 � J�=- '-j� ';>S'ti� i—C�%"\/��'1�,�°l°'r=�`�� l'v`�'. G'�ir��'F�J ii�5�''��`�j�-�+�'� ��.--qL�;� ��.J�""j.,�'^T=��_,,,�`�r''�,Ai�j°+��` 't�i-(-�� n,..� �w�d �sa��t��-'"� -r�� wa a�.��6v� c�� F �r��r� Y��aY�:.f�-,� vs e Y�-�,�, S� :�Ur�t..>��r°' �v�r�,�� " � °r-i,�, % o� t��r�s,st/�L �%i��z��ati�� i� . '� �, '�'v � a�P�`y��.. li �5v '��'��+�.'D,.O� 9 CLAIM PREFERENCE - Provide a s ate ent of whether claimant prefers compensation or a waiver,suspension,or modification of the regulation. -� t�l� c�tic , '�--€�c� �=�-t-��-�-�-'��-��. -r�_---. - --�- ;�_. � ,�.t.��. - - - - � . � . ` . -. ��,��ari �� r`� LJ/�ib2s - a�c� 1��.�'�r��.is�+-T'�.✓�ts� ,,�'�/�'��.��"� �_ �l�a��.C-�r/��r7aiv, Include a statement describing the extent to which the regulation would need to be waived,suspended, or modified to avoid the need for compensation. A description of the�ro�osed use must be provided. (Attach additional materials as necessary) ��-�'',,.� ��S�l�;�`5 m�i t�.�'_�S{�((�'� �, `J2�cr�^:�-�d �t'i-4� IAT�s� fl�►�d'��d"C_, `CZ-k�lt� ��—��s� +�. �;:.t�� Lv�r�t f��[`A�c-�c�� f�v 1�l y 2 � AMOUNT OF COMPENSATION The amount claimed as compensation: l.�C�SS E'� L' '�`t`� �� '��U� .�t�-� ��'�E Provide documentation suppoxting the amount Said documentation shall include a market analysis, appraisal, or other documentation at least equivalent to a market analysis. . C]aimants'Authorized Repxesentative(s)if applicable. �1u�� SIGNATURES of each owner of the subject property. � �� DATED this day of �"��'"�� ,20 v �> �___� '�r' i� ,�°- r b '�si.�� 'Z. {.t�-�9. - Ovme�'s Si;nature � Owne�'s Signature Owne�'s Signature Owne�'s Signature xr��/sio� c\cucpin\muunVand use applicarions\ballos uxuure 37 clum form.doc � . l"��'.3� . f �F � ROBERT E RUEDY � 8586 14185 SW 700TH AVE ` TIGARD,OR 97224-4951 - - 1� �� ". :. ... . � � � ., � .. ... .. . . . Date .�. � � - Pay ro the [ � I [ �.. / 'U l� . . . , . I Q; /� yryy,e`y i . Order of 4� G��i�� s.cu.b ' f . .. . . fuNna Dolld[5 t8 �«��s o. 3 - � . . . . . . - . . .. . .. ' . . ��WeIlsFUqoBankN.A. .�� .,� � .. � .' . � Oreqon wetlsfirgo.com 6 /� ' M' �For�l'4Jr i`"�� '�'f C�/� �7 _ � ��G�� D E C � 1 2006 CITY OF 7��a,�;�d BUiLDING D(VIS!+�"� ��—e.�.��e,� P�.� . `°.�..--�� Attachment 2 {b) CITY OF TIGARD . ORDINANC�NO. 04-� � AN ORDINANCE AMEND]NG ORDINANCE 04-i2 PRO�TDING A PR4C�SS FOR C�NSIDERATION OF CLAIMS FOR COMPENSATION UNDER 2004 BALLOT MEASURE 37, ADDING A NEW CHAT'TER 1.20 TO THE TIGARD MUNICIPAL CODE, AND DECLARTNG,AN EMERGENCY. . WHEREAS, on November 23, 2004, the City Council adopted Ordinance No. 04-02 witl�out incarporating the wrifl'en Exlu.bit A tliat had been distributed a.nd directed tliat a revised Exlubit A be prepared to include specific changes;and `_� � - .� - �< :. -. '�r:=�;.��'; WHCREAS;�a revised Exhibit A has been prepared that includes t�ie changes requested by the Council;now,therefore; . THE CITY OF TIGAR]� ORDAINS AS FOLLOWS: SECTION 1: Ordi�.ance 04-12 is hereby amended by adding an Exhibit A to that ordinance in the form of the attacUed Exlubit A. The Tigard Muuicipal Code is consequently amended as provided in�rdi.nance 04-12 and Exhibit A. SECTION 2: Because this oxdinance is necessary for tlle preservation of tlle health, safety and welfare of tl�.e Ciiy, an emergency is declared to eaist and this ordinance - sha11 be in full force and effect immediately on passage. PASSED: By m�.� j��'i vote of all Council members present after being read by number and rtle only,this /��day of .l.�rQ.m,�r,2004. •-�c � Catherine Wheat�ey, City Recorder APPR�VED: By Tigard City Couiicil this�°�-��day of ,2004. r . Craig D rlcsen, Mayor Approved as to fo-m: � � � 'ty Attorney _ �� 1�,v� ORDINANCE No. 04- �� ' Page 1 , ��. `� � ' �F �J EXT-iIBIT A TO CITY OF TIGARD ORDINANC�N0. � .�� PROVIDING A PROCESS F�R CONSIDERATION OF CLAIMS FOR COMPENSATION UNDER 2004 BALLOT MEASURE 37, TNCLUDTNG A PROVISION FOR ACTION BY � NEIGHBORTNG PROPERTY OWNERS, ADDING A NEW CHAPTER 1.20 TO THE TIGARD MUNZCTPAL CODE. Chapter 1.20 Compensation for Reduction in Properiy Value � 1.20.010 Pux�ose The purpose of tlus Chapter is to provide procedures and standards foz cla.ims for compensation �.ade g�arsuant to 2004 Meas�ue 37. 1.20.024 Definitions As used in this chapter,unless the context requires otherwise: "Affected pzoperty" means the private real property tliat is alleged to Iiave suffered a reduction in fair market value as result of ihe City's regulation re�ti-icting the use of that property and foz whiclZ a properiy owner seeks compensation for tlie reduction in value. . "Cla3rnan�' means the property owner who submits a claim for compensation under Measure 37 in accordance witU,Section 1.20.030. "Decision Maker" means tl�e City Council or any person, boazd, commission, or other entity to whom the Couneil has delegated authority to make decisions on Measure 37 claim.s. "Regulation" shall rnean a provision of the City's comprehensive plan, Community Development Code and transportation ordinances. "Reshicts the use of propert�' nzeans prohibzting a particular use of the property or nzaking that use oi�ly pexmissible u.nder certain conditions. Regulations requiruag or set-�ing fees to be charged are not restrictions on the use of property. "Manager"ineans City Ma.t�ager or designee. 1.2Q.030 Claims A. A properiy ovaner wishing to uzake a claim against i:he City under Measure 37 shall first submit a written claim to the City. A claam under Measure must be in vv�iting and include: ORDINANCE No. 04- 1 �j Page 2 . i-��-_� r �. � � ; j ..�F� EXI-3IBIT A TO CITY OF TIGARD �RDTNANC�N0. � .�� PROVIDING A PROCES� FOR CONSIDER.A'TION OF CLAIMS FOR COMPENSATION UNDER 2004 BALLOT MEASURE 37, INCLUDTNG A PROVISION FOR ACTION BY � NEIGHBORTNG PROPERTY OWNERS, ADDING A NEW CHAPTER 1.20 T� THE TIGARD MLTNZCTI'AL CODE. Chapter 1.20 Compensation for Reduction in r�roperty Value 1.20.010 Purpose The ptupose �of this Chapter is to provide procedures and standards for clauns for compensation made pursuant to 2004 Measure 37. 1.20.020 Definitions As used in this chapter,unless the context requires otherwise: "Af:fected property" means the private real property tliat is alleged fo I�ave suf�ered a reduction in fair market value as result of the City's regulation zestricting the use of�iat property and for which a property owner seeks compensation for the reduction in value. "Clairnant" mea�is tlie property ownex who submi.ts a claun for compensation. under Measure 37 in accordance witli Section 1.20.030. "Decision Maker" means the City Council or any person, board, commission, or other enti.ty to whom the Council has delegated authority to make decisions on Measure 37 claims. "Regulation" shall mean a provision of the City's comprehensive plan, Community Development Code and transportation ordinances. "Rest�icts the use of property" nzeans prohibiting a particular use of the property or making that use oi�ly pernussible under certain conditions. Regulations requiriug or setting fees to be charged are uot restrictions on.the use of property. "Manager"nieans City Manager or designee. 1.2Q.030 Claims A. A properry owner wishing to make a claim against tlie City under Measure 3'1 sha11 f rst submit a written clai�n to ilie City. A claiin unde�Measure must be in rvriting and include: ORDINANCE No. 04- � �j Page 2 , i�► j �G.�; . r �� 1. Identification of tlie affected property, Ideiltification may be by street address, subdivision lot number, tax lot number, or any other inforination that identifies tlle property. 2. Tlie i�ame and cantact information of t11e person making �Ze claiin, the date the Claimani acquired the properiy, and, if'applicable,the date tbat a family member of Claimant acquzred the propez-ty and the �ames and xelationships of family �lembers that are previous owners. 3. A list of all persons with an ownerslu�infierest in or a lien on the property. 4. Identification of the xegulation tl�at is alleged to restrict the use of the affected � � property and a statement describing how the restriciion affects the value of the propei-�y. 5. A statement whetller the Claimant prefers campensation or a waiver, suspensian or modification of the regulation, and a statement describing tlie extent to wluch the regulation would need to be waived, suspended or modified to avoid the need for compensatian. A description of the proposed use must be provided. 6. The amount claimed as compensation and documentatioz� supporting the amount. The documentation sha11 include a market analysis, an appraisal, or other documentation at Ieast equivalent to a naarket analysis. 7. The name and con.tact inforniation of tlie Clai�.ant's authorized representative or • representatives,if applicable. 1.20.d40 Notice The City shall provide notice of the hearing required by Section 1.20.070 to all owners of the property, lien Iiolders and security interest holders, zecord owners of property wiihin 500 feet of the property, recognized community partic�pation organizations for tlie atea the property is located, and anyone who]�as requested notice at least 7 days before the hearing. The notice shall identify the properly, state the date, time and place of the hearing, state the amount of the claun or stateinent describing tlie extent to which the regulations would need to be waived or suspended, the City coiitact person and phone number, advise of flie availability of tlie staf£ report and summarize the hearing procedures and nature of the claiin. Failure of any person to xeceive notice oz auy defect in the notice shall not iz�validate any action taken or decision n�ade at the hearing. 1.20.05� Staff Report City staff s11all prepare a report aiialyzing the claiin. Tize staff repo�-t may be reviewed by the Community Development Di�ector,Finance Director, and Mauager before being submitted to the Decision Malcer. ORDINANCE No. 04- l?j Page 3 . � � i 1�,, _�_ . ; ��. � � o� g � . TI�e staff zeport shall be submitted to the Decision Maker, rnailed to tlie Claimant, and inade available to the public at leasi:7 days before tlie public hearing requi�•ed by Section 1.20.070. � 1.20.050 Decision Maker Pxoceedings The Decision Maker shall hold a puvlic heariug on the claim. The public hearing should normally be set within 150 days of submission of the clai.m b�tt may be set at any time. The Decision Malcer may hold an executive session on the claim at any time. 1.20.074 Public Hearing The Claimant and any other person shall be provided a reasonable opporhznity to present ' evidence and arguxnent at the public hearing, The Decision Maker may limit fi1�e duration of � tes[imony. 1.20.080 Decision Makex Decision In deciding the claim,the Decision Maker may take auy of the fallowing actions: 1. Deny tl�e claim based on any one or more of the following findings: a. Tb.e zegulation does not restrict the use of the pzivate real property, . b. The fair mazlcet value of �e property is not reduced by the passage or enforcement of the xegiilation. c. The claim was not timely filed. d. The Claimant is not the current property owner. � � e. The Clai.mant or famitly member of Claimant was not the groperty owner at the time the regulation was adopted. � � f The regulation is a historically an.d commonly recognized nuisance law or a law . regulatuig pornography or nude dancing. � g. The regulation is required by federal law. • • � h. The regulation protects public healfll and safety, i. The City is not the entity responsible for paynlent. T11e City is not responsible i£ ttae challenged law, xule, ordinanee, resolution, goal.or other enactmei�t was not enacted or enforced by the City. � ORDINANCE No. 04- ��j . Page 4 i City of Tigard, Oregon 13125 SWHaII Blvd. • Tigara, OR 97223 �� . ,`:,. .:;:��.;. a�� ' � a" 3�ti.f ,. �Y�• ...1i._:, . It`� I.a A�y'i`Y"�.�+r j May 18,2007 Robert E. Ruedy 14185 SW 100�'Ave. Tigard, OR 97224-4951 Re:Pernzit No.NL372006-00006 Dear Mr. Ruedy: The Cityof Tigard has processed a refund for the deposit of fees on the above referenced permit for the following: Site Address: 14185 SW 100`�Ave. Project Name: Ruedy Job No.: N/A Refund: � Check#51473 in the amount of$1,000.00. ❑ Credit card "return" receipt in the amount of $ . ❑ Trust account "deposit" receipt in the amount of $ . Notes: Council waived regulations. Refund 100% of deposit. If you have any questions please contact me at 503.718.2430. Sincerely, , f'- ��7� -' Dianna Howse Pexmit Specialist Enc. I:\Building\Refunds\Adcninistration\L�rRefund-Deposit.doc O1/16/07 Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 . " City of Tigard - , , � Tidemark Refund Request This form is used for refund requests of land use,engineering and building application fees paid by all methods. Receipts, documentation and the Reqiu3t forPernitAc�ionorRefi�adform(if applicable) must be attached to this form. Refund requests are due to Tidemark System Administratorby Friday at 5:00 PM for processing each Monday. Accounu Payable will route refund checks to Tidemark System Adininistrator for distribution. Please allow 1-2 weeks for processing. PAYABLE TO: Robert E. Ruedy DATE: 5/8/07 14185 SW 100`h Ave. Tigard, OR 97224-4951 REQUESTED BY: Dianna Howse GBP TRANSACTION INFORMATION: Receipt#: 2006-5684 Case#: M372006-00006 Date: 12/O1/06 Address/Parcel: 14185 SW 100�Ave. Pay Method: Check Project Name: Ruedy EXPLANATION: Council waived regulations. Refund 100% of deposit. REFLJND INFORMATION: Fee Description From Receipt Revenue Account No. Refund Exam le: [BUILD]Permit Fee Ex le: 245-0000-432000 $Amount [Iv�37-CD]Measure 37 De osit 100-0000-229080 $1,000.00 TOTAL REFLJND: $1,000.00 APPROVALS: �� If under$500 Professional Staff -� If under$5,000 Division Manager '� • �:� � If under�22,500 Department Manager If under$50,000 Gty Manager If over$50,000 Local Contracc Review Board FOR TIDEMARK SYSTEM ADMINISTRATION USE ONLY � Case Refund Processed: Date: -S ' �' B . I:\Bwlding\Aefunds\RefundRequest.doc 09/15/06 : " Building Division . . , Request for Permit Action TO: CITY OF TIGARD Permit System Administrator 13125 SW Hall Blvd.,Tigard, OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 wunv.tigard-or.gov FROM: ❑ Owner �[] Applicant ❑ Contractar �City Staff (chcck one) REFUND OR Name: L INVOICE TO' �Husiness or Indi��dual) �Q DQ�r �' • �U�� Mailing r'�ddress: �� s� �IJ � TK��. Ciry/State/Zip: r j(y-�i� D/� ST.2�� -Y �-�� Phone No.: ��3 6-Z� 5 99� PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (✓): ❑ CANCEL PERMIT APPLICATION. � REFUND PERMIT FEES (attach receipt,if available). ❑ INVOICE FOR FEES DUE (attach case fee schedule and explain below). ❑ REMOVE CONTRACTOR FROM PERI�IIT (do not cancel permit). Pertnit #: �3��,�j Site Address or Parcel #: ��(�� .5� /�D�%'��+tte�. Project Name: �� m�7 C�/��f Subdivision Name: � Lot #: EXPLANATION: CO�'1L�� 2iG�� v`�� 7�/�+- /S Signature: Date: � 3 lJ Print Name: �C G-- Rcfund Policy 1. 1'he Director or Building Official may authorize the refund of: a) any fce which�vas enoneously paid or collected. b) not more than 80°,'0 of the land use application fee when an application is withdrawn or canccled before any reciew effort has bcen expendeJ. c) not more than 80°'0 of the land use application fee for issucd pemvts. c) no[morc than SO°'o of the building plan review fee when an application is cancelcd before any plan rcview effort has been expcnded. d) not morc than 80°'0 of thc buildin�permit fce foc issued perrnits pnor to any inspcction rcyucsts. 2. Rcfunds�cill bc rchirncd t��thc nriy,�n:il Ya�cr in the samc mcthnd in�chich pa�'mcnt�cas rccciccd I'Icasc:tllo�v 1-3�cccks[or proccssin�rcfun�lti. � ' � � Rte to S�-s_ldmin: Date B Rre to I31d .�dmin: Date B� Refund Processed: Date S� .Y C � B Invoice Processed: Date B- Pernut Canceled: Date B Parcel Ta .ldded: Date B Recei t# � Dat D/ �� :�fethod �lmount$ �'p . b'Z l:\Building\I�orms\ReqPermitrlction.doc ev05/24/OG , ' Robert E Ruedy ��4.��'�;��.;' I�� !'� 0�``�`�NSIVIITT2�I� 14185 SW 100"' Avenue �� 6 200r Tigard, OR 97224-4951 Date: 4/25/07 Job No. Ruedy Property (503) 620-5997 ' ! M Y 0��9�AF�� ATTN: K. J. Peerman . � , ,,��f,n!�-Aar+,:>�r_--, RE: M�asure 3� Cl�irre ��OQ�-C�f�� To: Permit Center 8� Planning Department SJ Subject: Request for 51000 deposit r+efund City of Tigard, Oregon �u� to �ity Council decision for waiv�er of 13125 SW Hall Blvd. more restrictive laRd use reguiations since Tigard, Oregon 97223 December 7, 1992. Transmitted are the following: � Attached ❑ Under Separate Cover via the following items: ❑Pernut Drawings ❑ General Specifications/Scope of Work ❑ Shop Drawings ❑ Submittals ❑ Samples ❑ Change Order ❑ AutoCAD file(s) ❑ As-Built Drawings ❑O&M Manual(s) � Copy of letter � Other: Measure 37 Application reflecting refund based on waiver of claim. Item Copies: Dated: Doc. Page Rev Description: No. No.: No.: No. 1 1 ea. 4/25/07 M37.20 P . 1 of 1 0 Letter r uestin M37 Claim d sit refund"Earhibit A" 2 1 ea. 12/1/06 M37.00 P . 1 of 1 1 Ci of Ti ard Measure 37(M37)Claim Form"Exhibit B" 3 P . of 4 P . of 5 P . of ❑ For Approval ❑ Approved as Submitted ❑Resubmit sets of copies for Approval ❑For Review and Comment ❑ Approved as Noted ❑ Submit sets of copies for Distribution ❑For Yow Use ❑Retumed for Conections ❑Retumed sets of Corrected Prints ❑ As Requested ❑For Bids Due�/ / @ AM/PM ❑Price Prior to Proceeding � Other: For Immediate pr�essing no later than 5 PM,May 4,2007 Routed By: ❑F�Immediately ❑ Courier/Taxi ❑Fed Ex—Priority Overnight ❑ UPS—Ovemight ❑U.S.Mail—Overnight delivery ❑Fed Ex—Standard Overnight ❑UPS—2nd Day Air ❑U.S.Mail—Standard delivery �Hand Deliver ❑E-Mail/Modem ❑ U.S.Mail-Standard ❑Other Comments: Please see the attached documents relating to the C'iti'oj�gard,Measure 37 Claim Form submitted December 1, 2(I06 (Exhibit B)and aecompanying leuer(Exhibit A)requesting imnrediate refund of the required$10�00 Measure 37 Clainr deEx�si� Please remit local bank cashiers check no later than 5:00 PM, Ma��=1, 2007. Thanks you, Robert E. Ruedy Signed: � �- Copy to: File LETCER OF TRANSMITTAL -4l25/2007 Page 1 Of 1 n�;t aoo�,R�.z " 14185 S W. IOG enue, Tigard, Oregon 97224-4951, Phor. J3)620-5997 April 25, 2007 Planning Department City of Tigard 13125 SW Hall Bivd. Tigard, OR 97224-4951 Subject: Measure 37 Claim #2006-00006 deposit refund Dear Planning Department Staff: Based on City Council decision 4/24/07 "to waive all more restrictive land use regulation relating to my Measure 37 Claim property", I wish to request the immediate refund of the $1000 deposit submitted with my Measure 37 claim filed on December 1, 2007. Please provide it as a cashiers check drawn on any local FDIC bank no later than May 4, 2007. Your prompt attention to this matter is sincerely appreciated. Respectfully submitted, � �� Robert E. Ruedy Attachment: 1) Exhibit A - My original City of Tigard Measure 37 Claim Form Rob/Measure 37 ClaimlDeposit Refund Page 1 of 1 4/25l2007 .' _ ...., u C?C E-f l t3 ! :' � PG, �' �r- 4- , , ,, PROCEDURE FOR BALLQT MEASURE 37 _ � COMPENSATION CLAIM � �Y 9��P�C�er 13125 SWHaI1 Blui, Ti� OIZ 97223 � . �'h� 503.639.4171 Frpc:503.598.1960 The clairn must be in writing and include the information listed below. The claizn shall not be considered filed until all of the re uirements of the rocedure are met FOR STAFF U5E o1v1 v ' Case No.: Application Accepud By. Date: Dau Determined Complete: Deposit: S 1'000 it w be nefuoded if daim is deoem�ined to be chim is deaied ud vhumretydeum�ined icvalid,the claimant shaIl:eimbucse tbe Gryfor cosa maus in Pcocus'n$ ucsemeat ezceeds deposa,the claimant shall pry ury addiuoml�mouat wirhia 30 days of a dcmand by the Gry for full If caau ue]as thaa the it,ti�e diffeteact w�l be t+efunded to the claimant) IDENTIFICATION OP FECTEp PROPERTY PrnperryStreet Address/Location(s): 1�-(��J S I� � �C�� (%71��LL�- c�:,►�� , Tazc Map&Tax Lot!/(s): Z S 1-�.-� ��3 —Gd�:� subdivisian Lot tf(s):_ ►'�-�cP � 7 3-�'J � �'!'INFO ATIQ� 1'ropeityOwne�s/C�airnauts/DeedHoldeis'�• �- E-YZ� �. t�lJ�)� Aaa�: _ 1�--� �s � r r��7� ��u� � � Pho�:��3� �2� —��9 7 _ G.y/s�u: � 't,.�c� z�:� �f �7 Z-z-�'—�51 (Attach Iist if morc ti�an one) Date C�aimant.Acquired Property. ��C��1r��' f�- � ��L- - - Date Fam1y Member of C7aimant Acquited ProP�nY C�aPP�k)�- � �' . Names and Relationslups of FamlyMembers that are Previoiu Owners (�applicable): ----L�� (Attach list if additional space is ncedec3) Lien/SecurityInterest Holders of the affeeted properry: �V=L.�`�,�.� �=�.0 '�t.�,.� Y�io�'t"��-G� Adclress: � Phone: Ctty/Staie: � (Att�ch list if more th�n one} Z�' °' When the owner and the applicant are diiferent people, all ownexs of the affected property must sign this application in.the spacc provided on the back of this form. If the affected propeny is owned by two or more pe:sons and aot all owneis seek compensation,all owners who d�not seek compensation shall sign a waiver of the right to compensation. � � . ��2 �, ,� . � � � �-�. i $F GULATION RES'TRICTING USE Identifythe regulation that u alleged to restrict use of affected property. Provide a statement describing howthe restriction affecu the wa�ue of the property. (Attach additional materia]s as necessary} � "l� �T� fj�- '-1 C"--t ��'ti2� �-�:..�vt4��?-1"•a��.�v'� G�,�(�y.i C��rv�e� /��r.� �1 7d''c�.�_v�t�f��"' �--� ' 'S w c�3� 5' i . Vs I`�!-/ns� f'i'"5 t..�UYLP�Ui° ��.r��s`T+ �j�� -'r?,v�n � b� �X�(�i;�!-�L, (>U�L a�"s /��+ . '�� u��r��.. "f�� '��1� Q.AIM PREFERF�N(� � fj , Pro�de a �t of whether claimant prefers compensation or a waiver,suspension,ar modification of the regulation. � �'�-��"`T�L�°��`r�'�� ' f Y�--` � , � ,,�,�orr �°rH . �'�LJN�J'ZS - 6lG� /'�'"��',.�n, .l�E�li�S'�+-l��n/�!� �l�i''lG.��"� � ��EQr/'4f�l7ani, Include a sraoement descnbing the extent m�vhich the regulation would need to be waived,suspet�ded,or�ied to avoid the need for . compensation. A descriprion of the�q�must be'provided. (Attach additional matexial�as�cessary) �%.� '�i.-t��r�s �v�c��r�{ —rr, � '�t�z.�.f -rt-4� �C�S� ��d� °t'�trz �r�-� '�r�4a� t�� L•��rc f�xtr�,{-r�E� f��i f�9 Z• �MOL�?'!'OF OOMP_ENSATION � The unouac claimed as�ompensation: L�C�s5 e>r"r G C��C�. �I" '�t�b �*c�.a� �ic'-� provide documentation suppoiting du unount. � Said documentatlon shaIl ' clude a market anatysis, appraisal, or other doctmientation at kast equivale�to a tnatket analysis. . C]ai�nants'Authorized Itepruent�tive(s)if applicable. � �� SIGNATLJRES of g�owner of dx subject pmperty. � DATED this dayof ��"�'�� .20� ��' �- � ��:�,-�- �. o��s s;�� o��s s�� Owne�'s Signad�re Owne�'s Signature �_�/s/oe c\cwpin�sma¢nVwd use appticadons\ballnc mnsare S7 ciann fo,asdoc ",J . , .. . - ..". , --� • . . . R�X H l81 T �+�� : � , j ��_�: � �. , _ 8586 ROBERT E RUEDY - � _ 14185 SW 100TH AYE :� , ' TIGARD,OR 97224�1951 f + . ' � ' y� . 24-E9oJi290 9272 503-620-5987 �� V � 0178901728 PaO�r� v 1 ! -! � .- �� W J�G1� � � -�� , . ,�. �,..:: .r,, .._.�.�. _.. . _ �� .�_:. . .�. � � .. ,.,._G_� .. _-'•' orM,. � . .. - . Wy� �. � . YYfBSf RMlkn�• •.� .. s.� .. . . . �.:�.�. � � CC ' � ��'' -� S� ri;.�1 , _ . � a - o �._ . �'.'�, .� .,; a:� ' L- i� 4�� .1 rr° � 1 M� � /(./n�L??Ip t��J� � ��L rs^ g�y y � �� . '. . i�IYis�at+�a.l '� -`.�sx�.'�.�Y" - . — "i.' EG � '�i��3!�- • ._ K.... _ 3, f.�,..a�7 , . . Vi�'. .� , " �. . . ��"'W�Y/L . CITY OF TIGARD 1L/llLVlJb „ 4:50:28PM . 13125 SW Hall Blvd. Tigard,OR 97223 503.639.4171 � ' r, Receipt #: 27200600000000005684 Date: 12/Ol/2006 - Line Items: Case No Tran Code DescripNon Revenue Account No Amount Paid _ , M372406-00006 [M37-CD]Measure 37 Deposit 100-0000-229080 1,000.00 '�� Line Item Total: $1,OU0.00 Payments: . Method Payer User ID AcetJCheck No. Approval No. How Received Amount Paid Check ROBERT E.RUEDY kjp 8586 In Person 1,000.00 Payment Total: $1,000.00 "11 � --A cReceipt.rpt Page 1 of 1 , � � City of Tigard, Oregon • 13125 S�Hall Blvd. • Tigara, OR 97223 ,�1 "i., June 26, 2008 �� . � `:�rx` , :e�,� �;. Robert Ruedy � �� 14185 SW 100`h Avenue Tigard, OR 97224 RE: Case file na M372006-00006 (Ruedy) Dear Mr. Ruedy: This is a response to the letter that you submitted to the City on June 19, 2008 concerning Measure 49. On May 7, 2008, the City issued a tentative determination on your Measure 37 (M37) waiver, as required by Measure 49 (M49), finding that your claim does not qualify for relief under Section 9 of M49. The Ciry provided you a period of 15 days to provide evidence if you disagreed with the City's tentative determinarion. That evidence was due on May 22, 2008. In your letter submitted 26 days after that 15-day period,you request a 90-day period to provide findings to show that your claim qualifies for relief under Section 9, M49. Unfortunately, the City is not authorized under M49 to provide any extensions. To qualify for relief under Section 9, M49, your claim must meet the criteria in subsections 5(a) through (k). Your claim must meet all these criteria to qualify for relief under Section 9. Your M37 claun materials show that your claun does not meet at least one of these criteria, including but not necessarily limited to subsection 5(fl,which states, "One or more land use regulations prohibit establishing the single-family dwellings." Currently, no regularions would prohibit additional dwellings �n your property if you desire to develop. Your property is zoned R-12, and with 1.14 acres,you may be permitted up to 13 dwelling units (estimate is based on a net developable area of 80% of the gross site, not on an actual design submitted for land use approval). In your letter you state that, since you acquired your property in 1992, there are provisions in the Tigard Development Code that"could preclude" additional dwelling units "and their maximum use of the property." This statement is out of the scope of Section 9, M49. If a land use regulation prohibited you from building additional single-family dwellings and you actually qualified for relief under Section 9,you would potenrially be allowed to build up to 10 dwellings on your property. Relief under Section 9 would not waive code provisions that you simply do not like or feel would cost too much for you, such as street improvements. You also express the opinion that because staff found that your claim does not qualify for relief under Section 9, staff is suggesting that City Council made a decision in error and that a 90-day extension would support Council's decision. Your claim does not qualify for relief under Section 9, not because of any suggested error in previous decision making, but because your claim does not meet the criteria in subsecrions 5(a) through (k) of Section 9, M49. Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov • TTY Relay: 503.684.2772 ,` . You reference Subsection 1 of Section 10, M49,which states, "...If the public entity that issued the waiver lacks the information needed to determine whether the claunant is entitled to relief, the public entity shall issue a written request to the claimant for the required information. The claunant must file the information within 90 days aftcr rcceiving the request..." While you feel that the City has refused you the 90-day period to file additional information, the City is not required to provide you this 90-day period if the City has the informarion needed to make a tentarive determinarion. The information provided in your Measure 37 claun was adequate to determine that no City regulations prohibit you from establishing additional dwellings on your properry if you wish to develop. The City has not denied you the right to submit a M49 claim. Your Mcasure 37 claim does not qualify for relief under Section 9, but you may submit a new claim in accordance with Secrion 4 of M49 (codified in ORS 195.305) at any time. Again, the City is not authorized by Measure 49 to provide any extensions to response periods. Staff is confident with its tentative determuiation on your claim and plans to issue a fmal determination soon. If you have further questions, please contact the assigned planner, Gary Pagenstecher, at (503) 718-2434. Sincerely, Emily Assistant Planner Copy: Tom Coffee,Community Development Director Dick Bewersdorff,Planning Managex Robert E Ruedy I.�1'1'�� 0�` T$�tNS14�ITT�� tn , ,1P.. � , -- � 6 14185 SW 100 Avenu��;� ��:�� Tigard, OR 97224-4951 Date: 6/18/08 Job No. Ruedy Property (503) 620-5997 �� 1 9 200� ATTN: Mr. Gary Pagenstecher, Assoc. Planner ,� E � ��I(aANsl To: Planning Department " �R��'�&�'""�"'''''� `��?��': RE: Measure 37�49 Continuing Claim Filing City of Tigard, Oregon 13125 SW Hall Blvd. Subject: Supplemental Information Tigard, Oregon 97223 response per your request. Transmitted are the following: �Attached ❑ Uoder Separate Cover via the following items: ❑Permit Drawings ❑ General Specifications/Scope of Work ❑ Shop Drawings ❑ Submittals ❑ Samples ❑ Change Order ❑ AutoCAD file(s) ❑ As-Built Drawings ❑ O&M Manual(s) ❑ Copy of letter �Other: Supplemental Information as listed below. Item Copies: Dated: Doc. Page Rex Descripdon: No. No.: No.: No. M37.10 State of Oregon Measure 37-49(M37---49)Continuing 1 1 set 6/18/06 M49.10 Pg 1 of 1 1 Claim Filing rebuttal and submitted extension allowance, r our r uest on Monda June 16,2008. 2 P . of 3 P . of 4 P . of 5 P . of ❑For Approval ❑ Approved as Submitted ❑Resubmit sets of wpies for Approval � For Review and Comment ❑ Approved as Noted ❑ Submit sets of copies for Distribution ❑For Your Use ❑Returned for Corrections ❑Retumed sets of Corrected Prints ❑ As Requested ❑ For Bids Due �/_/_@ AM/PM ❑Price Prior to Proceeding ❑Other: Routed By: ❑Fax Immediately ❑ Courier/Taxi ❑Fed Ex—Priority Overnight ❑UPS—Overnight ❑ U.S. Mail—Overnight delivery ❑Fed Ex—Standard Overnight ❑UPS—2"d Day Air ❑U.S. Mail—Standard delivery �Hand Deliver ❑E-Mail/Modem ❑U.S. Mail-Standard ❑Other Comments: Please see the attached submission per ti�our reyuest dris prior;'I�londati�morning, June 1<, 2008. ,aclrliriu�rull��.1�lease respond in a timely manner and in good faith within the timeline requested within said letter. Respeetfully submitted, Copy to: Ruedy Property M37�49 File Signed: � LEI7EROFTRANSMITT.4L -Nl&2006 Page 1 Of 1 n�w�zoos,x�..i 14185 S.W. 100' ,,venue, Tigard, Oregon 97224-4951, Phone ,.,03)620-5997 June 18, 2008 Mr. Gary Pagenstecher, Associate Planner City of Tigard 13125 SW 100th Avenue Tigard, OR 97223 Subject: RE: City of Tigard City Ordinance 07-09 Dear Mr. Pagenstecher, In your recent correspondence dated May 7, 2008, received by certified mail May 10, 2008, you reflected a "tentative" decision regarding my Measure 49 alternatives. In that communication you stated that "Staf�finds that no provisions in the TDC (Tigard Development Code)prohibif the proposed(additiona/nineJ dwellings." However, due to City of Tigard land use restrictions placed on my properly since my original purchase in 1992, there are indeed provisions that could preclude those additional units and their optimal maximum use of the property. With the above referenced City Staff statement, you've basically inferred that a unanimous decision by the Tigard City Council, which found that TDC provisions adopted subsequent to my original purchase had restricted the use of my property and lowered its value and approved my Measure 37 claim, was in error and that the City of Tigard Staff's Decision is correct. An allowance of the 90 day timeline for this claimant to submit Measure 49 claim validations would support both the City Council decision and Measure 49 documentation decision elements. Section 10(1) of Measure 49 authorizes the Measure 49 claimant to submit additional information to demonstrate that they can meet the requirements found in Section 9 of Measure 49 for approval of their claim. You have denied me the right to submit that additional information, claiming that current TDC provisions allow me to use the property in a manner which is "substantially similar° to the uses I could make under Measure 49. Consequently, you refuse to a�low me the 90 days authorized by Section 10(1) of Measure 49 to review your claims and rebut them with the information �equired by Measure 49, should I choose to pursue that route. The city cannot deny me this right unde�Measure 49. Without appraisals and accurate submission of Measure 47, Section 9 documentation there is no way that the City Staff can make a tentative or final determination based on incomplete information such as the lack of an appraisal or multiple appraisals for each TDC modification within the 1992 to present time period. t have a right to pursue my Measure 49 claim. I'm considering obtaining the necessary appraisal(s) for quantifying my property use Ioss under Measure 49. Will the City allow me the 90-day timeline prescribed in Measure 49, Section 10(1) to ensure comprehensive substantiation of this claimants land use losses? If allowed, this would conclude and deadline on August 7, 2008 allowing the City ample time to formalize their final decision summary by their referenced September 29, 2008 deadline stated in said letter. Please respond promptly and preferably no later than 5 PM, Friday, June 20, 2008. Respectfully submitted, �6.�'�� Robert E. Ruedy Owner of property 2S111 BB-500 Rob/CortespondenorJ B/18l'2008 �f��'�.�- � � I�o�� . c� � - . . t City of 7'igard, Oregon • 13125 S�Hall Blvd. � Tigard, �R 97223 �1 � � . � I�1ay 7, 2008 ' � � Robert E. Ruedy 14185 SW 100`''Avenue Tigard, OR 97224 RE: Status of Your Measure 37 Claim (M372006-00006) and Notice of Tentative Determination, Pursuant to Measure 49 Pursuant to Section 10 of Measure 49 (M49), if a city issued a waiver before the effective date of M49 (December 6, 2007) for property located, in whole or in part,within an urban growth boundary, the city that issued the waiver must review the claim, the record on the claim and the waiver to detexmine whether the claimant is enritled to relief under Section 9 of M49. If the city that issued the waiver lacks informarion needed to determuie whether the claimant is enritled to relief, the city shall issue a written request to the claimant for the required information. The claimant must file the required informarion within 90 days after receiving the request. If the claimant does not file the informarion, the public enriry shall review the claun based on the informarion that is available. The ciry shall complete a tentative review no later than 240 days after the effecrive date of M49, or by August 1, 2008. The ciry shall provide written notice to the claunant, the Department of Land Conservation and Development and any other person enritled to norice of the tentative determuiation as to whether the claimant qualifies for relief under Section 9 of M49 and,if so, the specific number of single-family dwellings that the public entity proposes to authorize. The norice must state that the recipient has 15 days to submit evidence or arguments in response to the tentative deternunation, after which the ciry shall make a final deterrrunation. A ciry shall make the fmal determination under this subsection within 300 days aftex the effective date of M49, or by September 29, 2008. Tigard City Council, under Ordinance No. 07-09 (April 24, 2007),granted you a Ballot Measure 37 waiver of the Tigard Development Code and Comprehensive Plan Policies that are more restrictive than those in place on December 7, 1992 when the 1.14 acres located south of McDonald Street and east of SW 104r'�'Avenue (WCTM 2S111BB,Tax lot 00500) was purchased by you, and to allow development under the Tigard Development Code in place at that time, subject to applying for and receiving site development review approval. You had proposed several development scenarios uiclucling: • Dividing the property into two lots, one for the e�sting single-family dwelling, and the other for multi-family housing, group care residenrial, family day care, group residenrial treattnent, or hospital;ox • Dividing the property into 12 lots (in addition to the e�sting single-family residence) for mobile homes, manufactured homes, townhouses; or • Dividing the properry into 6 lots (in addition to the e�sting single-family residence) as multi- family units, duplex residential units, or single-family attached. Phone: 503.639.4171 . Fax: 503.684.7297 • www.tigard-or.gov . TTY Relay: 503.684.2772 ` � � f Robert Rued�, ?��149 I�ouce of Tentaut�e Determination, ?��1a�- 7, 20(18 Page 2 In your application, you had stated the amount of just compensation is the "loss of six units at �100,000.00 each," or $600,000.00. The claim was based on the unsubstanriated assertion that at the time of purchase, 12 lots could have been developed, and that under current regularions only 6 lots would be allowed. Staff determuied that development of single-family detached dwellings in the R-12 zone at the time of acquisirion would be substantially sinular to development allowed under the current code. Under Section 9(2b) of M49 only residential claims with a maximum of 10 single-family dwellings, including an existing dwelling on property within an urban growth boundary, are allowed. Staff determined that at least 10 single-family dwellings could be accommodated under current standards on the subject parcel. Therefore, the M37 waiver had no benefit over what the code would otherwise allow. In other words, it appears that you may be able to have more single-family dwellings under current standards than under M49. However, Section 9(5� of M49 states that one or more land use regulations must prohibit establishing single-family dwellings in order to qualify for relief. Staff finds that no provisions in the TDC prohibit the proposed dwellings. Therefore, staff has determined that no additional informarion is necessary to determine whether or not you qualify for relie£ The City's tentarive determuiarion is that M49 is inapplicable to your situarion and that you are not entided to relief. You have 15 days from the date of this letter to submit evidence or argument based on criteria contained in Section 9 of M49 (enclosed) before the Ciry makes its fmal detern�ination. A final determination must be made by September 29, 2008 and is subject to Writ of Review to the Washington County Circuit Court. If you have specific quesrions regarding this determuiarion,please contact the City of Tigard Current Planning Division at (503) 639-4171. Sincerely, � J 4 �� Gary Pagenstecher Associate Planner Encl: Section 9 of the 2007 Act i:\curpin\garry\m49\M372006-00006 (Ruedy) M49Status - �>napter �y� — t,oca► �overnment t'�annmg �;oorctination Yage 1 ot 1 . , Sec. 9. (1) A claimant that filed a claim under ORS 197.352 [renumbered 195.305] on or before the date of adjournment sine die of the 2007 regular session of the Seventy-fourth Legislative Assembly [June 28, 2007] for property located, in whole or in part, within an urban growth boundary may establish - one to 10 single-family dwellings on the portion of the property located within the urban growth boundary. (2) The number of single-family dwellings that may be established on the portion of the property located within the urban growth boundary under this section may not exceed the lesser of: (a) The number of single-family dwellings described in a waiver issued by Metro, a city or a county before the effective date of this 2007 Act [December 6, 2007] or, if a waiver was not issued, the number described in the claim filed with Metro, a city or a county; (b) 10, except that if there are existing dwellings on the property, the number of single-family dwellings that may be established is reduced so that the maximum number of dwellings, including existing dwellings located on the property, does not exceed 10; or (c) The number of single-family dwellings the total value of which represents just compensation for the reduction in fair market value caused by the enactment of one or more land use regulations that were the basis for the claim, as set forth in subsection (6) of this section. (3) If the number of single-family dwellings described in a waiver issued by Metro, a city or a county before the effective date of this 2007 Act or, if a waiver was not issued, the number described in the claim filed with Metro, a city or a county is more than 10, the claimant may amend the claim to reduce the number to no more than 10 by filing notice of the amendment with the information required , by section 10 of this 2007 Act. (4) If multiple claims were filed for the same property, the number of single-family dwellings that may be established for purposes of subsection (2)(a) of this section is the number in the most recent waiver issued by Metro, a city or a county before the effective date of this 2007 Act or, if a waiver was not issued, the most recent claim filed with Metro, a city or a county, but not more than 10 in any case. (5) To qualify for the relief provided by this section, the claimant must have filed a claim for the property with the city or county in which the property is located. In addition, regardless of whether a waiver was issued by Metro, a city or a county before the effective date of this 2007 Act, to qualify for relief under this section, the claimant must establish that: (a) The claimant is an owner of the property; (b) All owners of the property have consented in writing to the claim; (c) The property is located, in whole or in part, within an urban growth boundary; (d) On the claimant's acquisition date, the claimant lawfully was permitted to establish at least the number of dwellings on the property that are authorized under this section; (e) The property is zoned for residential use; (� One or more land use regulations prohibit establishing the single-family dwellings; (g) The establishment of the single-family dwellings is not prohibited by a land use regulation described in ORS 197.352 (3) [renumbered 195.305 (3)]; (h) The land use regulation described in paragraph (� of this subsection was enacted after the date the property, or any portion of the property, was brought into the urban growth boundary; (i) If the property is located within the boundaries of Metro, the land use regulation that is the basis for the claim was enacted after the date the property was included within the boundaries of Metro; (j) If the property is located within a city, the land use regulation that is the basis for the claim was enacted after the date the property was annexed to the city; and (k) The enactment of one or more land use regulations, other than land use regulations described in ORS 197.352 (3), that are the basis of the claim caused a reduction in the fair market value of the property, as determined under subsection (6) of this section, that is equal to or greater than the fair market value of the single-family dwellings that may be established on the property under subsection{2) of this section. (6) The reduction in the fair market value of the property caused by the enactment of one or more land use regulations that were the basis for the claim is equal to the decrease, if any, in the fair market http://www.leg.state.or.us/ors/195.htm1 5/6/2008 , lsnapter ly� — Local lTovernment Ylanning �;oortlination Yage Z oi 1 value of the property from the date that is one year before the enactment of the land use regulation to the date that is one year after the enactment, plus interest. If the claim is based on the enactment of more than one land use regulation enacted on different dates, the reduction in the fair market value of the - property caused by each regulation shall be determined separately and the values added together to calculate the total reduction in fair market value. The reduction in fair market value shall be adjusted by any ad valorem property taxes not paid as a result of any special assessment of the property under ORS 308A.050 to 308A.128, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855, plus interest, offset by any severance taxes paid by the claimant and by any recapture of potential additional tax liability that the claimant has paid or will pay for the property if the property is disqualified from special assessment under ORS 308A.703. Interest shall be computed under this subsection using the average interest rate for a one-year United States Government Treasury Bill on December 31 of each year of the period between the date the land use regulation was enacted and the date the claim was filed, compounded annually on January 1 of each year of the period. (7) For the purposes of subsection (6) of this section, a claimant must provide an appraisal showing the fair market value of the property one year before the enactment of the land use regulation that was the basis for the claim and the fair market value of the property one year after the enactment. The appraisal also must show the fair market value of each single-family dwelling to which the claimant is entitled under subsection (2) of this section, along with evidence of any ad valorem property taxes not paid, any severance taxes paid and any recapture of additional tax liability that the owner has paid or will pay for the property if the property is disqualified from special assessment under ORS 308A.703. The actual and reasonable cost of preparing the claim, including the cost of the appraisal, not to exceed $5,000, may be added to the calculation of the reduction in fair market value under section 7 (6) of this 2007 Act. The appraisal must: (a) Be prepared by a person certified under ORS chapter 674 or a person registered under ORS chapter 308; (b) Comply with the Uniform Standards of Professional Appraisal Practice, as authorized by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and (c) Expressly determine the highest and best use of the property at the time the land use regulation was enacted. (8) Relief may not be granted under this section if the highest and best use of the properiy was not residential use at the time the land use regulation was enacted. (9) When Metro, a city or a county has issued a final decision authorizing one or more single-family dwellings under this section on the portion of the property located within the urban growth boundary, the claimant may seek other governmental authorizations required by law for that use, and a land use regulation enacted by a public entity that has the effect of prohibiting the use does not apply to the review of those authorizations, except as provided in section 11 of this 2007 Act. If Metro is reviewing a claim for a property, and a city or a county is reviewing a claim for the same property, Metro and the city or county shall coordinate the review and decisions and may: (a) Provide that one of the public entities be principally responsible for the review; and (b) Provide that the decision of each of the public entities is contingent on the decision of the other public entiTy. (10) The only types of land use that are authorized by this section are the subdivision or partition of land for one or more single-family dwellings, or the establishment of one or more single-family dwellings on land on which the dwellings would not otherwise be allowed. [2007 c.424 §9] http://www.leg.state.or.us/ors/195.htm1 5/6/2008 . � . � � . . I ..n ..„_ .. . . . . - - I � r- Attn: Patty/Planning _ ra Re: M372006-00006/Ruedy � � � °Notice of Tentative Detennination" mPostage $ � ��\ r� Certffied Fee ��' 0 4��,� ' � Retum Receipl Fee � � p (Endorsement Requlred) - � � ResMcted Delhrery Fee �, � (Endorsement Requfred) � r- Tatel PosTage&Feea $ 5 . O I Sent To j r� Robert E.Ruedy ' °o sr'�i,--�---��- 14185 SW 100`h Avenue """""" ' apc Nn.;---- or PO 8ox Mo. � c�ry's�rB,-zr�:4�` Tigard, OR 97224 �----- :,� � . . . . ■ Complete items 1,2,and 3.Also complete A. Signature item 4 If Restricted Delivery is desired. X ` ��- ,;r'�� Agent ■ Print your name and address on the reverse "� dressee so that we can retum the card to you. , �e�v�by(Pnnted N rfi�), C. Dat aP livery ■ Attach this card to the back of the mailpiece, � or on the front if space permits. �i8 � � � 1. Article Addressed to: D. Is delivery address diff m item 1 es H YES,enter delivery ad � elow: \.�o .,,��8 ��d� I Pobert I;. Rued�� 14�85 S W 100"' Av�nuc° i 'I'igard, OK 97Z24 3• Service Type �Cert'rfied Mafl ❑Express Mail ❑Registered ❑Retum Rece(pt for Merchandise I ❑Insurad Mail ❑C.O.D. 4. Restricted Deliver�R(Extra Fee) p y� ! 2. Article Number (Transfer fiom servlce labe!} ___ 7 O O 7 0 710 0 0�0 13 0 5 17 5 6 Ps Form 3811,February 2004 Domestic Retum Receipt �o25s5-o2-M-ts4o . � - � � • . m ,, , .� f Attn: Patt}/Planning . '� Re: M372006-00006/Ruedy � � `Notice of Tentadve Detemunation° � � i � P��B $ p.41 r�',��::__.. >_` �, i ��F� 2.65 �� ,��;�i� � � �_; v-� �� i p� (Endorae eM Reyaired) � ) 2.15 i Restricted Dellvery Fee � ' � C � (Endorsement Requlred) ��` _ _- '� �- � Total Postage 8 Fees $ 5.21 ` �� , o sa�r ro '` _ OR DL� o ---------------- �-------- � a`��x'N°" 635 Gpital Street NE,Suite 150 Ciry,State,Z1P+4 Salem,OR 97301-2540 °-�"•- :�� ,. .. . . . . . `.i .. i's . . . .. _. _ ..._ _. .. _:_. . . - --_._. � • � . � � . ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑addressee so that we can return the card to you. B. Received y N e C. Date oi Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery adr��a7��f rff� 1? ❑Yes 1. Article Addressed to: If YES,enter dellvery address below: ❑ No LAND COP�SERVATION AND DEVELOPME� OR DI.(� � 635 Capita! �'r��et NE,S�ute 1�0 3. ServiceType � Sale�n,OR y730 L-2540 R4 Cert'rfied Mail ❑Express Mail ❑ Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. � 4. Restrfcted DeliverYT(Extra Fee) ❑Yes I 2. Article Number (Tiansfer/rom servfce la6e/) 7 0 0 7 0 710 �0�0 13 0 5 17 6 3 PS Form 3811,February 2004 Domestic Retum Receipt �o2sss-o2-�n-�seo; Y -'' CZty Of Tigard, Oregon 13125 Si�Hall Blvd. � Tigara, .Z 97223 � � �, � ,. �.�.. January 18, 2008 � ' '�� 1 Robert E. Ruedy 14185 SW 100`�Avenue Tigard, OR 97224 RE: Notice Regarding New State Statute (Ballot Measure 49) On behalf of the State and as required by ORS 197.047 (Ballot Measure 56),this is our notice to you about the new legislation adopted by the Oregon voters in 2007 regarding 2004 Ballot Measure 37 (ORS 197.352). This legislation,Ballot Measure 49, modifies ORS 197352 and inay luiut or prohibit uses that otherwise would have been pernzissible under Measure 37. You are receiving this notice because you filed a Measure 37 claim on or before June 28, 2007. Attached is a copy of the State's notice. The City will also be sending you an explanation of the status of your Measure 37 waiver or pending claim. If you have specific questions about how Measure 49 mayaffect yc�ur property,please contact the City of Tigard Current Plaiuiing Division at (503) 639-4171. Sincerely, � � ; � ' , _ G �w '� � Gary Pagenstecher Associate Planner i:\curpin\gary\m49\M372006-00006(Robert Ruedyj M49 Notice.doc Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov • 7'7'Y Relay: 503.684.2772 . --- This Is To Notify You That The Oregon Voters Have Enacted A Land LTse Planning Statute That May Affect The Permissible Uses �f Properties In Your Jurisdiction. On November 6, 2007 the Oregon voters enacted 2007 Ballot Measure 49. The Department of Land Conservation and Development has determined that enactment of Measure 49 may change the zoning classification of properties in your jurisdiction or may limit or prohibit land uses previously allowed on properties in your jurisdiction. A copy of Measure 49 is available for inspection at the Department of Land Conservation and Development located at 635 Capitol Street NE, Suite 150, Salem, Oregon 97301-2540. A copy of Measure 49 also is available at no cost. For additional information, contact the Department of Land Conservation and Development at (503) 373-0050, ext. 267. ♦�♦ A few words of explanation to landowners who get this notice. 2007 Ballot Measure 49 modifies 2004 Ballot Measure 37 and may affect the pernussible uses of property for persons who filed a claim for compensation under Measure 37. This Law May or May Nof Limif the Use of Your Land. Whether Measure 49 will limit your use of land depends on what you filed a claim for under Measure 37, where your property is located, and when you acquired it. This Law May or May Not Affect the Value of Your Land. Whether Measure 49 will affect the value of your land depends on a large number of factors including your Measure 37 claim, where your property is located, and what you chose to do under Measure 49. A copy of Ballot Measure 49 is available from the Oregon State Legislative web site, at http://www.leg.state.or.us/, or by calling the Oregon Department of Land Conservation at (503) 373-0050, ext. 267. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT (DLCD) 635 Capitol Street NE, Salem OR 97301-2540 '�(503) 373-0050