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LLA2009-00002
LLA2009 - 00002 THORPE LOT LINE ADJUSTMENT NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (LLA) 2009-00002 THORPE LOT LINE ADJUSTMENT 120 DAYS = 08-18-2009 SECTION I. APPLICATION SUMMARY FILE NAME: THORPE LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(LLA) LLA2009-00002 PROPOSAL: The applicant is proposing a lot line adjustment that will reduce tax lot 1S136AA- 01002 (Parcel 1) from 11,250 sq. ft. to 9,188 sq. ft. and increase tax lot 1S136AA- 00600 (Parcel 2) from 25,432 sq. ft. to 27,494 sq ft. No further development is proposed. APPLICANT: Steve E. Thorpe OWNER Steve E. Thorpe 6917 SW Oak Street LOT 2: M.Renee Bales-Thorpe Tigard, OR 97223 6917 SW Oak St. Tigard, OR 97223 OWNER Paul S. Ross OWNER Steve Thorpe LOT 1: PO Box 83151 LOT 1: 6917 SW Oak Street Portland, OR 97283 Tigard, OR 97223 LOCATIONS: LOT 1: 10270 SW 70th Ave.;WCTM 1S136AA,Tax Lot 01002 LOT 2: 6917 SW Oak St.; WCTM 1S136AA,Tax Lot 00600 ZONING DESIGNATIONS: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410, 18.520 and 18.745. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. LLA2009-00002 Thorpe 10270 70th Decision 042109 Page 1 CONDITIONS OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Prior to recording, a Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Planning Department. The survey map shall include all access and utility easements. 2. Prior to recording, applicant shall provide to the Planning Department the approved review of the lot line adjustment by Clean Water Services per CWS Resolution and Order 07-20, Section 3.09.02. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located at the intersection of SW 70th Ave. and SW Oak Street. Lot 1 fronts on 70th Ave. and lot 2 fronts on Oak St. by means of a long driveway easement (County Document 2006- 119328). Proposal Description: The applicant is proposing a lot line adjustment that will reduce tax lot 1S136AA-01002 (Parcel 1) from 11,250 sq. ft. to 9,188 sq. ft. and increase tax lot 1S136AA 00600 (Parcel 2) from 25,432 sq. ft. to 27,494 sq ft. No further development is proposed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL CRITERIA: Section 18.410.040 contains the following criteria for approval of a Lot Line Adjustment request: Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No new lots will be created as part of this adjustment and none are reduced below the minimum for the zone. Therefore,this criterion is met. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; Based on the survey, no existing structures will be in violation of the required setbacks. Therefore, this criterion is met. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: LLA2009-00002 Thorpe 10270 70th Decision 042109 Page 2 • The minimum width ,,. the building envelope area shall meet the lot requirement of the applicable zoning district; • The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; • Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and ♦ Setbacks shall be as required by the applicable zoning district. The building envelope, minimum lot area, and setbacks are in conformance with those adopted for the R-4.5 Residential Zone. Both lots have street frontage (Lot 1) or an access easement (Lot 2) that satisfy requirements. Therefore,these criteria have been met. With regard to flag lots: • When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side and is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. ♦ A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed lot line adjustment does not involve flag lots. Therefore,these criteria do not apply. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. There is no new access proposed with this Lot Line Adjustment. Therefore, this criterion does not apply. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. There is no proposed common drive. Therefore,this criterion does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access is pre-existing for both lots. Therefore,this criterion does not apply. Exemptions from dedications: A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required. Floodplain, greenway and right-of-way dedication is not required as part of this application. Therefore, this criterion does not apply. Variances to development standards: An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applicant has not requested a variance or an adjustment with this application. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met. LLA2009-00002 Thorpe 10270 70th Decision 042109 Page 3 SECTION V. PROk,r,DURE AND APPEAL INFOR1 TION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON APRIL 21, 2009 AND BECOMES EFFECTIVE ON APRIL 22, 2009. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. le 14.), April 21, 2009 APPROVED BY: Darr- Pp"Watkins DATE Assistant Planner LLA2009-00002 Thorpe 10270 70th Decision 042109 Page 4 I L VICINITY MAP � 70TN PL THORPE LLA2009-00002 • C/) lik 1 1 J i LOT LINE III ADJUSTMENT IN 1 LOCUST S1 a. z :;ubjecc Site la ...___I., .x 2 _ l ) - 1 I I.I I J 11 A4)17) . .) iS 1:)....A.4:)),-..))A.')J1iJJ J S m' P Q v MAPLLLLAF Si < LSI < I r o DI n — 1 APL LL LA f CI I Information on this map is for general location OAK AK ST only and should be verified with the Development Services Division. 1 I — a Scale 1:2,397-1 in=200 ft Map printed at 21-Apr-09 01:59 PM — > 1.- OAK 5 T „t 4 DATA IS DERIVED FROM MULTIPLE SOURCES.THE CRY OF TIGARD REPRESENTATION OR GUARANTEE AS TO THE ~— CONTENTT.ACCURACY WARRANTY.TIMELINESS OR COMPLETENESS OF ANY OF THE _} — 4 r DATA PROVIDED EREIN THE CITY OF TURD SHALL ASSULE NO N.- LIABILITY FOR ANV ERRORS,OMISSIONS.OR INACCURACIES RI THE _^ INFORMATION PROVIDED REGARDLESS OF I- CAUSED. I- S L7 City of Tigard Mill 13125 SW Hall Blvd TIGAR MAPS Tgard,OR 97223 fTlri 503 639-0171 (1 /' I”It www.tigardor.gov Y• (--�,) LOT 20 LOT 19 LOT 18 HELD ___ DOCUMENT NO. S.W. CORNER LOT (�"D",) 2008-069200 (Si)VETU 7URA ESTATES' - W �(P1) (5 HELD . g 89'54'O0' r" 66. (66.00'(Pt)) ra (89'54'00*(D2))p� $ �.�� " E 106.41'�0� S 89'50'38" E 93.50' X N 69} 2602 / d 1 (S 89'48' E 106.50'(S3)) "K" ) i it I =- , ' 74.99'(75.00'(02)) Y NO C P IR .......122 j( I'?1. LEANING N 5835'09' E 0.25' ,..(104L4-1 74.99' H DEED CALL (S3) ( 46'26" W (9\ n w Ng o TRACT 2 °o 27,504 S.F. h TRAC 1 S /' �I ; r� 9,189 F. — 8 DOCUMENT NO. .6-.r swf? 31n YI 0, 88-048740 'fi /� � , ;ov a3 �'' "�' „'� $ of g DOCUMENT NO. N / /� ��i DOCUM . 0. r 2006-119328 r; �$A S v,1/y+ VI .'.''-015958 _ �j it - -- - - _i_Y" L/ /,c/V W \ 1 'a6..-Wki .. VI D Z 1. ` (75.0003)) �. __ - 75.01 N_ Q S 8948'26' E 8 (_ ',) (S 89'45' E(D3)) 1 m _ H� N 888.4.2' E z I ( - OS�P IR 8.42' O W HELD m �t FD 5 8' IR _��(,°H"\) DOCUMENT NO. w 6 NO CHAP 3 "' 95-004639 P. 1. (52) 30.25' HELD FD 5 8 IR 1A mo P 9'43' W 80.00'(01)) S 00'42'30" W NO y P - S 8946'16" W 79.97' - (S2) S ` ( "E"� Z S 01'16'48' E = 8 `HLD 20.00' HELD C/8' IR I NO 8 (53)/2 IR 1 3 BENT, TIED BASE cv s pp ("L"`) (S2) R1 DOCUMENT NO. Z 93-069944 0 o o N 8 ZN 8 g $ 6 ,F-1 DOCUMENT NO. cv gill a N 2005-034890 DEED BOOK 1103 25' 25' PAGE 300 (AUGUST 05, 1976) c"B") FD /4• IP-\ (S4) 2,5.00' 25.00'i' R N 89•49'09" W 75.06' 50.00' (50.00'(51)) ( (N 89'49'36' W 75.11'(S1)) , " _F _)in S 89'49'09' E 'HELD FOR LINE (S 89'49'36' E(S1)) I N - FD 3/4" IP - - - S 00'07'34' W 0.20' (S 0'07'34' W 0.20'(51)) in S.W. OAK STREET (( N CO FY OF [IGARD Approved 1 ✓ ] ."'xtdItlonally Approved 1 1 For only the work as described in: i'a9MIT NO. L-i-1q.,g0 —/)D15D.2-, See Letter to: Follow 1 1 Attach.._._ [ ] Job Addr ss: /17,2•10 54l1 Tom` 4 ' EY: _. _____. Date: //-/Y" qa'/ q MAILING RECORDS q AFFIDAVIT OF MAILING I,Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County,Oregon and that I served the following: I B.40 lk 1,,,k} © NOTICE OF DECISION FOR LLA2009-00002/THORPE LOT LINE ADJUSTMENT (File No/Name Reference) ❑ AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on April 21,2009,and deposited • e United States Mail on April 21,2009,postage prepaid. L (Person that are otice) I, /di STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the dl day of Iti ,2009. '.-- -- -- - O- -C- i, OFFICIAL SEAL. SHIRLEY L TREAT \lam, NOTARY PUBUC-OREGON ; A , �� COMMISSION NO.416777 NOTARY PUBLIC OF OREGON MY COMMISSION EXPIRES APRIL 25,2011 My Commission Expires: LW g31/1 EXHIBIT q. NOTICE OF TYPE I DECISION 17! LOT LINE ADJUSTMENT (LLA) 2009-00002 THORPE LOT LINE ADJUSTMENT 120 DAYS = 08-18-2009 SECTION I. APPLICATION SUMMARY FILE NAME: THORPE LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(LLA) LLA2009-00002 PROPOSAL: The applicant is proposing a lot line adjustment that will reduce tax lot 1S136AA- 01002 (Parcel 1) from 11,250 sq. ft. to 9,188 sq. ft. and increase tax lot 1S136AA- 00600 (Parcel 2) from 25,432 sq. ft. to 27,494 sq ft. No further development is proposed. APPLICANT: Steve E. Thorpe OWNER Steve E. Thorpe 6917 SW Oak Street LOT 2: M. Renee Bales-Thorpe Tigard, OR 97223 6917 SW Oak St. Tigard, OR 97223 OWNER Paul S. Ross OWNER Steve Thorpe LOT 1: PO Box 83151 LOT 1: 6917 SW Oak Street Portland, OR 97283 Tigard, OR 97223 LOCATIONS: LOT 1: 10270 SW 70th Ave.;WCTM 1S136AA,Tax Lot 01002 LOT 2: 6917 SW Oak St.; WCTM 1S136AA,Tax Lot 00600 ZONING DESIGNATIONS: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410, 18.520 and 18.745. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. LLA2009-00002 Thorpe 10270 70th Decision 042109 Page 1 CONDITIONS OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Prior to recording, a Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Planning Department. The survey map shall include all access and utility easements. 2. Prior to recording, applicant shall provide to the Planning Department the approved review of the lot line adjustment by Clean Water Services per CWS Resolution and Order 07-20, Section 3.09.02. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located at the intersection of SW 70th Ave. and SW Oak Street. Lot 1 fronts on 70th Ave. and lot 2 fronts on Oak St. by means of a long driveway easement (County Document 2006- 119328). Proposal Description: The applicant is proposing a lot line adjustment that will reduce tax lot 1S136AA 01002 (Parcel 1) from 11,250 sq. ft. to 9,188 sq. ft. and increase tax lot 1S136AA 00600 (Parcel 2) from 25,432 sq. ft. to 27,494 sq ft. No further development is proposed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL CRITERIA: Section 18.410.040 contains the following criteria for approval of a Lot Line Adjustment request: Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No new lots will be created as part of this adjustment and none are reduced below the minimum for the zone. Therefore,this criterion is met. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; Based on the survey, no existing structures will be in violation of the required setbacks. Therefore, this criterion is met. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: LLA2009-00002 Thorpe 10270 70th Decision 042109 Page 2 • The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; • The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; • Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and • Setbacks shall be as required by the applicable zoning district. The building envelope, minimum lot area, and setbacks are in conformance with those adopted for the R-4.5 Residential Zone. Both lots have street frontage (Lot 1) or an access easement (Lot 2)p that satisfy requirements. Therefore,these criteria have been met. With regard to flag lots: • When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side and is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. • A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed lot line adjustment does not involve flag lots. Therefore,these criteria do not apply. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. There is no new access proposed with this Lot Line Adjustment. Therefore, this criterion does not apply. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. There is no proposed common drive. Therefore,this criterion does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access is pre-existing for both lots.Therefore,this criterion does not apply. Exemptions from dedications: A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required. Floodplain, greenway and right-of-way dedication is not required as part of this application. Therefore, this criterion does not apply. Variances to development standards: An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. The applicant has not requested a variance or an adjustment with this application. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met. LLA2009-00002 Thorpe 10270 70th Decision 042109 Page 3 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. - -\I_VAL_111■1 --- THIS DECISION IS FINAL ON APRIL 21, 2009 AND BECOMES EFFECTIVE ON APRIL 22, 2009. Questions: If you have any questions, please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at(503) 639-4171. i ij 1 iefoizs April 21.2009 APPROVED BY: Darr-pp"Watkins DATE Assista t Planner LLA2009-00002 Thorpe 10270 70t1 Decision 042109 Page 4 f VICINITY MAP f 70TH PL LLA2009-00002 i J `0- THORPE LOT LINE r- _..."'''''''''')\ ADJUSTMENT I ) Lii- . LOCUST ST a Z 1 ® Subject Site f W 2 r . _ __ .„ r I •1` F In - ___ i ... ..... rigid w___ St:iEi.t. alaa2 U P 1513'.NHa l-:11 I' Q MAPLELEAF ST ¢ co 1 r a -,- . cn p- c. b'— C — MAPLELEAF C T Information on this map is for general location I I OAK ST only and should be verified with the Development Services Division. Ir T , Scale 1:2,397-1 in=200 ft W Map printed a121-Apr-09 01:59 PM OAK S T W ¢ DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF DOARD MARES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE _ = CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE Q A DATA PROVIDED HEREIN THE CITY OF TIC.ARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS.OR INACCURACES IN THE INFORMATION PROVIDED REGARDLESS OF/IOW CAUSED. co City of Tigartl A e 118g25 SW Hall Blvd • TIG -R�Maps 1503 8 9-417123 0l 2 L'tL www.tigard-or.gov TICfARD I _ I .J '6 _ VENTURA ESTATES SURVEY PERFORMED I • (-"G--) LOT 20 LOT 19 ' OT 18 HELD S.W. CORNER _ DOCUMENT NO. LOT 20 (,"D",) 2008-069200 "VENTURA ESTATES" W �(S1) �(P1) (S 0 89'54'00" _ ' 66.04' (66.00'(P1)) 40,58' 0. (8954 •°°"(D2))&\ S 89"50'38' E 108.41' 5 89'50'38" E 93.50' # o (N 89' W(92))/ O \. (S 89'48' E 106.50'(S3)) ,>K" ) �- +f, N 80$'28 WI yy 1 FD-5/8"\ • • 799'(75.00'(02)) / NO CAP IR iV�" o LEANING rt1 n, R N 58'55'09" E 0.25' N f 74 98' N DEED CALL - '48'26. W (S3) L 1-• 2g o TRACT 2 o o o 27,504 S.F. In 0 lo En �' TRAC 1 01 —*I 3 t 9,189 .F. g DOCUMENT NO. 0 N 88-048740 asp Sl.U�� $ `� ��i _ 3 P -N ,o w in L ■3 �°p 88 DOCUMENT NO Nhr /S / S.1.//5 DOCUM O. NoZ 2006-119328 fig_ 't!G N_ -015958 d Q / j0,' w $ ",C01 gv Z ■ (75.00'(03)) ,. n 75.01' r, Q p S owner E 801 ( "G': ) f,S 89'45' E(D3)) i m HELD N 88'48'30' E ( _ NO CAP IR 8.42' 0 • HELD ~~�� m FD 5/8" IR ( ••H" ) DOCUMENT NO. of M NO CAP "' 95-004639 N n (S2) X30.25' HELD/ • lo o Q N • :9'43' W 80.00'(01)) •$ 00"42'30" W NO CAP IR o� - 8 89.46'16" W 79.97' 1('., , ) (S2) (` -- `HELD\ Z o _ _ S 01'16'48" E HELD • 20.00' FD 5/8" IR 8 FD($3)/2' IR 1 I 3 ^-1` BEENT,ATIED BASE to ( "L" ) (S2) o RS In 0 0 le DOCUMENT NO. Z 93-069944 a 0 o 7 o o N O co O 0 Z Z M a, to 0 00 .. m 1 in o oo Po m N DOCUMENT NO. N o 0 N N 2005-034890 0 N DEED BOOK 1103 25' 25' PAGE 300 (AUGUST 05, 1976) ('"8";) HELD / FD 3/4" IP ED 3/4" IP� (S4D CALL ` 1 (54) � ' 25.00' 25.00''0 N 89'49'09" W 75.06' \\.:, Ilk 50.00' (50.00'(51)) ^ (N 89'49'36" W 75.11'(S1)) "F",) in S 89'49'09" E HEIR FOR LINE N (S 89'49'36" E(S1)) _ FD 3/4" IP _ S 00'07'34' W 0.20' ((SS 40'07'34 W 0.20'(S1)) 10 S.W. OAK STREET N UI I Y OF TIGARD Approved I VI- ^:nditionally Approved I 3 For only the w9rIs a§described in: PERMIT NO. I-L '•10/4—ODDD.2-. See Letter to: Follow i Attach 1 3 Job Addr ss: iD 70$10 r @f: i f —___ Date: //"• "/ aii a Steve E ' Paid S.Ross & Portland,° 83151 OR 9)283 Steve E Thorpe& A2009.000C 6917 SW S� �OtPe o f LOrLINE Tigard, OR 9)223 et �JIISr N Paid Ross Portland,83151 EXIIiBI %O d, OR 97 ��J 283 �''�.. 1S136AA01002 • THORPE,STEVE E& ROSS,PAUL S PO BOX 83151 PORTLAND,OR 97283 a w 1S136AA00600 t vq THORPE,STEVE E& BALES-THORPE,M RENEE 6917 SW OAK ST t°74 TIGARD,OR 97223 APPLICANT MATERIALS LOT LINE ADJUSTMENT TYPE I APPLICATIOI�ECEIVED ' 2009 ,� City 9f Tigard Permit Center 13125 SW Blul, Tigan OR 9722.1,PR 0 Phovr 503.639.4171 Fax:503.598.1960 TICA� CITY OF El11NG PLAIWNGINS GENERAL INFORMATION PARCEL 1 Prope dress/Location(s): `O2-7o E.W, ST Rti 7 22.. FOR STAFF USE ONLY Tax Map&Tax Lot#(s): Case No.(s): s�% D/DD� ±L A Z-c��i- v�oZ Site Size: Other Case No.(s): /J , A Property Owner/Deed Holder(s)°: (Attach list if more than one) 5 l91 )( Address: 6 9 t 4J� D1114-, Receipt No.: 2431 - 3 u So City/State: 774, F.,10 Zip: 912-2 3 Application Accepted B Y P P 'oContact: S'r1 ) Date: Ph 56 3 - $49-372 I Fax: J t D3—206 y/rJ --Z -7e/ Date Determined Complete: PARCEL 2 P ( ) 6`i'/7 5 /_ DM2 >� in\m Property Address/Locations : is\curpin\masters\land use applications\lot line adjustment app.doc Till .A 7 22 Tax Map&Tax Lot#(s): 15f 'D©tDO Site Size: p Property Owner/Deed Holders)°: (Attach list if more than one) 51 /r.Q6• REQUIRED SUBMITTAL ELEMENTS Address: ti,6),(2_ r;►'1'14� .�t (Note: applications will not be accepted City/State: '/17-4.A C Zip: '7722.3 without the required submittal elements) Primary Contact: / 175 I f#} Phone: Y3— y9 - 3 72 Fax: So b-69 7V Application Form ,t Owner's Signature/Written Authorization Applicant /Agent: E/ Title Transfer Instrument or Deed Address: ,' Preliminary Map(2 copies) City/State: Zip Site/Plot Plan(2 copies) Primary Contact: CLJA Plan(reduced 81/'x 11) Phone: Fax: JK Applicant's Statement(2 copies) "When the owner and the applicant are different people,the applicant must be (Address Criteria in TDC 18.410.040) the purchaser of record or a lessee in possession with written authorization Filing Fee $478.00 from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: ,�/ 2 . parcels of 112 51' !O and )--411 ;2. 22 (number) �,j �y(acreage or square footage) into 2. parcels of -/1 a g '50 and 2/11 1 qs 50 (number) (acreage or square footage) List any VARIANCE,CONDITIONAL USE,SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Infommation sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this ( day of t 41 i,41 ,20 b ei Applicant/Authorized Agent's Signature Owner's r nature �� er' Signature Owner's Signature CITY OF TIGARD RECEIPT _!� 4 113125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 173116 - 04/08/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID LLA2009-00002 Lot Line Adjustment 100-0000-438000 $416.00 LLA2009-00002 Lot Line Adjustment-LRP 100-0000-438050 $62.00 Total: $478.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 077517 KPEERMAN 04/08/2009 $478.00 Payor: Steven Thorpe Total Payments: $478.00 Balance Due: $0.00 Page 1 of 1 Pfl- Keic &rev g li-toRK- be l w 0,1-I4 s-r-c-- G- z 503 r 51/9 - 372 / s � (gos P. 0 . g0 ( g3 /5 POTL* LI 0 517 2_8 957 r 22_0 / . 171-O p 51 I G11-120 6R 2_-z z3 ° 3 r Syg _ Z 37 / YR Avg e-?/ . gri-Lcs - 7-14oR-PE ---FG-iiLLO q7gz3 �o �tf9 _ zl -114 19--Ae ITV /f/t,1 r- -- No Kitt i rr&& &F Pritgez_L t3L( 27. 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IS ka Ctot 6/C "—TeD Tic t S f ors sfTzc/fll. off, 04R( L pk14n,-� &?'camaJ p4-64_ 0 2?0 ?o A PMT 1 ( 0.14/, STS fil,tc Z- �, g ; fH r9-3 v-rri At t !r 4 11-6,b 6C- /AL Nn (Zt -- A Wrigiv f - 6 F 'ate- 1-0 r 1 -i# 6, 141--- ID Is-F-44 P.o r L � i N of -T - MI y t -t a '9 1 1_ c f't,e ,tr_ o ( 5© b tq,Lv d tit Lo ► ttD tv °'rZ fa -r- 10 IN\ J 6&/ SC_) c-Fe-&-g_ ry i iv( 46? F'g.0 "1-g_14-Cr o W ILL ge_ 2O2 , 2ffri J gis,DucE -r- 03.•'05.22009 17:23 FIRST AMERICAN TITLE 4 5036500189 NO.069 p023 • �0 Washington County,Oregon 2009-015958 02/2712009 02:06,30 PM /v \t- SOW Cni:l to 21 RECORDS.1 ,,(\'�`' S2Q.00$S.DO 511.00 Si iD.DD-Total=5216.00 CnrfRuerruhaytnr a Or R r•o0 f o•wn'A.G�h t r C A NNt'+lv t c on nu e+I tr n Suet an anti Es- dc County Ik for SPACE RE 1\t11l\Y \lll\1l\\1\11\1\\\t1\llll\llll\ll\l 0A2200900 595 o oadfod hwerfea sy ncciAIVy eA t heca•rd .`-•.,t ','•. PAGIF1GNORTHWES T TITLE of Oregon.Inc. soaF ochNTCnat H cDwio1rtee c t°}o Cr,0 of Or n"•"c and -�W.,� C1erM After recording return to: Paul Ross cr PO Box 83151 Portland, OR 97283 Until a change Is requested all tau statements shall be sent to the following address: Paul Ross PO Box 83151 Portland, OR 97283 <- WASHINGTON COUNTY .off^,t i ' % REAL PROPERTY TRANSFER TAX File No.: 19-1079296 (TTW) "'; is So�oo 2 L1 a`t . �►'i' Date: February 26,2009 ' FEE PAID DATE c�. STATUTORY WARRANTY DEED Helen L Wegener and Roland F. Neuman,as tenants in common,Grantor,conveys and warrants to Steve g.Thorpe and Paul S.Ross, Grantee,the following described real property free of liens and encumbrances,except as specically set forth herein: See Legal Description attached hereto as Exhibit A and by this reference Incorporated herein. Subject to: 1. Covenants,conditions, restrictions and/or easements,If any,affecting title, which may appear in the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is $180,000.00. (Here comply with requirement of ORS 93.030) Page 1 of 3 0:3/05/2009 14:44 50.37907872 4 5036500189 NO.752 D002 w,Wnptenccunry, ,n �aa �ZZfr/ %ltle 2006-119328 06.23 n6 _� 0aov2oesox:ts:at vat • 11"`ZZ���,( 0.011 CAo1 /KOgWICW4l0 (QC 1 it ate recto ti t.o0•Tool a rrr.ee VVV fl111kill! IIII�IIIH IIIIIlIUlI U Title Order No.06257052 Th !111!111 /� 1 6sRO.+No.062&7052 atoims7leacoisSS2eaozaala —( Y L l/ Q "Woor.lnrcm,Dln aer rt n4u.1n.nr.wQ I 1(u After Recording Return To: ?amnia sal ssomw ca,ey an,wvwanl.'1¢1an �. T ` c.wyor.¢.w,..w„w.RayI,,w.wM. �r J/G l) IN M.Ruble Baps-Thorpe and Steve E.Thorpe "."'^w.it a Mans.m n<.i-.e.4 w,...+.sinw. 1 6719 SW Oak Stott too✓w,eene✓ude q bowl W,14eMenkAt.ell.nw of'4.19,113'0M e Tigard,OR 97223 Taclort CI ON Co Carly Cf.wl Nunn,Add.cs.2.19 Until a:M1sngc,s ngyraua all tax etwtMene skit)be lent to the folbving adtlmr Same¢e above • Naar:,AAdrec.Zp STATUTORY BARGAIN AND SALE DEED Steve L Thorpe and a Rance Bala-Thorpe ,Grantor,conveys to M.Renee Berl -Thorpe and Stew E,Thorpe,as ten anti by the entirety,Granite,the following described real property. Sur Exhibit A atbRiled haete sad made a part borzoi'. BEFORE SIGNING OR.ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT 773E PERSON'S RIGHTS. IF ANY, UNDER.ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR. ACCEPTING MS INSTRUMENT. TAE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECL WITH TEE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERM NE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFIED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,Tit ANY,UNDER ORS 197352. The true consideration for this cediveyaacc is SCLtrify tide to south Loan documents . (Heo comply with oho tequireme.rs otO12S 93.070) Dated this October 4,2006. Steve E Thorpe M. 'a., Bales-Thorpe STATE OF OREGON County of Mulmonub } as On this October 1,2006 before au,the trnderaigned,personally appeased the within mimed Steve E.Thorpe and IIL Renee Bales-Thorpe known to me to be the identical individuals who tee 'thin instrument and acknowledged to me that they executed the same it eely and voluntarily. Pubic for the State of Oregon My omission a piirs: 317108 ,&y OFflCtA SEAL. • € R TtIOMAS WOOD NCTAAY PUBUCAREGON � COMMISStoN N0.376g4t MY COMMISSION WIRES MARCH 7.2008 • Centerline Concepts, Inc_ EXHIBIT TRACT 1 PART OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NO 2009-015958, WASHINGTON COUNTY DEED RECORD, LOCATED IN THE N.E. 1/4 OF SECTION 36, T.1 S., R.1 W., CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT, SAID CORNER BEING ON THE EAST RIGHT OF WAY LINE OF S.W. 70TH AVENUE, BEING 25.00 FEET EAST OF CENTERLINE; THENCE N00°08'08"E ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 122.53 FEET TO A POINT WHEN MEASURED AT RIGHT ANGLES IS 27.50 FEET SOUTH OF THE NORTH LINE OF SAID TRACT; THENCE S89°46'26"E, 27.50 FEET SOUTH OF AND PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 74.99 FEET TO THE EAST LINE OF SAID TRACT; THENCE S00°07'34"W ALONG SAID EAST LINE,A DISTANCE OF 122.48 FEET TO THE SOUTHEAST CORNER OF SAID TRACT;THENCE N89°48'26"W ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 75.01 FEET TO THE POINT OF BEGINNING. CONTAINING 9,189 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS OF RECORD • -OZ-0' _ REGISTERED PROFESSIONAL LAND SU'VEYOR OREGON JULY 16,1987 WADE G.DONOVAN III �tCPisO Iz-3ti-c)1 700 Molalla Avenue Oregon City,Oregon 97045 503 650-0188 fax 503 650-0189 ^e c ohcep'ts , '-1c. E X I/M T ARE A FROM DOCUMENT X0 2009-015958 TO T� CT 2 OF TRACT LAND DESCRI��D IN DOCU NT NO 200 g_ O ls WASHINGTON R Ty DTORp, ED IN THE N 4 OF SECTN�, T./S., cCI T y� Ate° WASLTON, O T Y,OREGO , °RE PAR T j LARLY DESCRIBED Ao OZS:BEG G AT THE R G TNWEST C ORN p OF SAID TRA CT, SAID CORN R REoIN pTN THS�OAF C T H�T OF E T y L E S. 70 TN AVE E,gE CORNER FENCE S0 �g a8„W ALONG RiGHT WA LIV E1�IST �F 2�Sa EET O A pO TWNEN ME D AT RI N E NGLS 2�Sp FEET OF TH A NORTH LINE°F SAID TCTS THE589°46,26"E, 2�SD FEET SOUTH OF L LpFTS SAID NORTH LINE DISTANCE OF FEET TO ET AID TRgC T, y E NQQ°b7' , ALONG SAID EAST ;A DIS ANCE OF2 SO FEE T° THE NORT LEAST C° ET OF S �C , TH ENC EN89°46,z6 ALON T ENOR OF SA SRAC T, A DISTA NCE OF 74 99 FEET TO THE LINE CONTAINING 2°062 SQUARE FEET MORE OR LESS SUBJ ECT TO EASEMENTS OF RECORD 4-02-0 * PRoFF O D SS U URVR}A L JULY let 198 WAtle a,00/VOVAN Ea EXP/ S e 12_3 I --0?Mofafa A venue Oregon G 5 Oregon 97045 503 f 111 Centerline Concepts, Inc. EXHIBIT TRACT 2 ALL OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NO 2006-119328 AND PART OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NO 2009- 015958,WASHINGTON COUNTY DEED RECORD, LOCATED IN THE N.E. 1/4 OF SECTION 36,T.1 S.,R.1 W., CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT IN DOCUMENT NO 2009-015958, SAID CORNER BEING ON THE EAST RIGHT OF WAY LINE OF S.W 70 TH AVENUE,BEING 25.00 FEET EAST OF CENTERLINE; THENCE S00°08'08"W ALONG SAID RIGHT OF WAY LINE,A DISTANCE OF 27.50 FEET TO A POINT WHEN MEASURED AT RIGHT ANGLES IS 27.50 FEET SOUTH OF THE NORTH LINE OF SAID TRACT; THENCE S89°46'26"E, 27.50 FEET SOUTH OF AND PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 74.99 FEET TO THE EAST LINE OF SAID TRACT; THENCE S00°07'34"W ALONG SAID EAST LINE, A DISTANCE OF 202.46 FEET TO THE SOUTHWEST CORNER OF SAID TRACT IN DOCUMENT NO 2006-119328 ; THENCE S89°55'44"E ALONG THE SOUTH LINE OF SAID TRACT , A DISTANCE OF 35.00 FEET TO AN ANGLE POINT IN SAID SOUTH LINE;THENCE N01°16'48"W ALONG SAID ANGLE LINE, A DISTANCE OF 20.00 FEET TO AN ANGLE POINT IN SAID SOUTH LINE; THENCE S89°46'16"E CONTINUING ALONG SAID SOUTH LINE, A DISTANCE OF 79.97 FEET TO THE SOUTHEAST CORNER OF SAID TRACT IN DOCUMENT NO 2006-119328;THENCE N00°42'30E ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 30.25 FEET TO AN ANGLE POINT IN SAID EAST LINE; THENCE S89°48'30"W ALONG SAID ANGLE LINE,A DISTANCE OF 8.42 FEET TO AN ANGLE POINT IN SAID EAST LINE;THENCE N00°05'26"E CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 199.97 FEET TO THE NORTHEAST CORNER OF SAID TRACT IN DOCUMENT NO 2006-119328;THENCE N89°50'38"W ALONG SAID NORTH LINE, A DISTANCE OF 106.41 FEET TO THE NORTHWEST CORNER THEREOF; THENCE S00°07'34"W ALONG THE WEST LINE OF SAID TRACT, A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT IN DOCUMENT NO 2009-015958; THENCE N89°46'26"W ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 74.99 FEET TO THE POINT OF BEGINNING. 4--00-09 REGISTERED \ CONTAINING 27,504 SQUARE FEET MORE OR LESS PROFESSIONAL LAND SURVEYOR SUBJECT TO EASEMENTS OF RECORD I kr: OREGON JULY 18, 1937 WADE G.DONOVAN Iii a 700 Molalla Avenue Oregon City,Oregon 97045 X73 5036500188 fax 5036500189 EXPIRFS8 12,-31-0q SCHEDULE B /^ ^ to 44V GENERAL EXCEPTIONS: ;f)IWQ 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interest, easements 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 possession thereof. 3. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,claims or title to water,whether or not the matters excepted under(a),(b), or(c)are shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. Statutory liens or other liens or encumbrances,or claims thereof,which are not shown by the public records. SPECIAL EXCEPTIONS: 6. City liens,if any,of the City of Portland. We find none as of February 23,2009. 7. The herein described premises are within the boundaries of and subject to the statutory powers,including the power of assessment,of Clean Water Services. 8. Rights of the public in and to any portion of the herein described premises lying within the boundaries of streets, roads or highways. 9. Easement,including the terms and provisions thereof: For: Underground sewer line Granted to: Metzger Sanitary District,a municipal corporation of Washington County,Oregon Recorded: April 9, 1965 Book: 548 Page: 60 Affects: The Southerly 25 feet 10. Easement,including the terms and provisions thereof: For: Pipeline Granted to: Northwest Natural Gas Company,and its successors and assigns Recorded: April 2, 1996 Recording No.: 96028433 Affects: The South 5 feet Page 2 of Preliminary Order Number. 19-1079296 visit us at: www.pnwtor.com 11. Subject to the life estate as provided by instrument: Life Tenant: William Sprague Recorded: February 19, 1998 Recording No.: 98015107 12. Prior to the issuance of insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein,a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes,we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)'signature(s). 13. Any conveyance of the subject property must be executed by Helen L.Wegener and Roland F.Neuman individually and as trustee. 14. Unrecorded leases or periodic tenancies,if any. NOTE: The following Steven E.Thorpe appears of record against herein,prospective purchaser herein,and will become a lien against the premises when deed to him is recorded: NOTE:Judgment in the State Circuit Court: Debtor: Steven Edward Thorpe Creditor: Linda Elizabeth Thorpe Case No.: C922545DR Entered: August 20,2001 Amount: $342.00,per month,plus interest,if any,at 9%per annum beginning 1/1/01 NOTE: We find no judgments or Federal Tax Liens against Paul Ross. NOTE: Taxes paid in full for 2008-2009: Levied Amount: $2,557.27 Property ID No.: R277658 Levy Code: 023.81 Map Tax Lot No.: 1 S136AA-01002 NOTE: Washington County Ordinance No. 193,recorded May 13, 1977 in Washington County,Oregon,imposes a tax of$1.00 per$1,000.00 or fraction thereof on the transfer of real property located within Washington County. The following is provided for informational purposes only and will not be shown in the policy to be issued: NOTE: We find no recorded Deeds or Conveyances of said property in the past 24 months. If you have any questions regarding this report or your escrow closing please contact Tom Wood at(503)350- 5099,email address: tomw @pnwtor.com. Lana Vetch,Title Officer lanav @pnwtor.com LV/BJ Page 3 of Preliminary Order Number. 19-1079296 visit us at: www.pnwtor.com Exhibit"A" Real property in the County of Washington,State of Oregon,described as follows: That part of the Northeast quarter of Section 36,Township 1 South,Range 1 West,of the Willamette Meridian,in Washington County,Oregon,being a portion of that tract conveyed to Vern J.Frost and Ida A.Frost,husband and wife,by deed recorded July 25, 1957 in Book 392,Page 287,Deed Records,described as follows: Beginning at the Southeast corner of that certain parcel conveyed to Henry B.Neuman by deed recorded January 6, 1964 in Book 503,Page 502,Deed Records,said point being North 89°48'West 1239.84 feet and South 0°09'West 638.72 feet from the Northeast corner of said Section 36;thence North 89°45'West 75 feet along the South line of said Neuman parcel to the East boundary of S.W.70th Avenue;thence South 0°09'West along the East boundary of S.W.70th Avenue 150 feet to the Northwest corner of that certain parcel conveyed to George Sheret and Doris E.Sheret,husband and wife,by deed recorded July 7, 1960 in Book 432,Page 613,Deed Records;thence Easterly along the North line of said Sheret parcel 75 feet to the East line of said Frost Tract first mentioned above;thence North 0°09'East along the East line of said Frost parcel 150 feet to the point of beginning. Page 4 of Preliminary Order Number. 19-1079296 visit us at: www.pnwtor.com Pacqic 7/7 Washington Co goon 2006-119328 10/06/2006 02 PM OL 10.5,?-4d 5-0130 Cr. otn.7 K t7RUHEWALD . ' . !7 J 510.00 se.00 511.00•Total.527.00 ,V Title Order No.06287052 Th 11111111 I5I 111111 110111111111111 ll 11)/i Escrow No.06287052 260020020 I,Richard Hobemicht,Director of A.....mant and y»4 After Recording Return To: T...non and E,-Officio County Clerk for Waahinaton es County,Oregon,do hereby certify that the within a, 1N M.Renee Bales-Thorpe and Steve E.Thorpe Instrument or wrtbng was received and recorded In the' `~ '• book of record.of laid y M�•r,. 6719 SW Oak Street �,;,,Q L.�,,..a;`- \\\ ,M Richard W.Hob em■chl,Director of A mant and •••µr Tigard,OR 97223 Taxation,E.•mcio county Vert( Name,Address,Zip Until a change is requested all tax statements shall be sent to the following address: Same as above Name,Address,Zip STATUTORY BARGAIN AND SALE DEED Steve E.Thorpe and M.Renee Bales-Thorpe ,Grantor,conveys to M.Renee Bales-Thorpe and Steve E.Thorpe,as tenants by the entirety,Grantee,the following described real property: See Exhibit A attached hereto and made a part hereof. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 197.352. The true consideration for this conveyance is$Clarify title to match loan documents . (Iterc comply with the requirements of ORS 93.030) Dated this October 4,2006. 21T-i-'—' .t- /1-A/Ar.------ _ -'-h/. &i ■I1' / ''—de-iJeL•' Steve E.Thorpe M. •en a Bales-Thorpe STATE OF OREGON ss County of Multnomah On this October 4,2006 before me,the undersigned,personally appeared the within named Steve E.Thorpe and M.Renee Bales-Thorpe known to me to be the identical individual s who exe a e •thin instrument and acknowledged to me that they executed the same freely and voluntarily. ry Public for the State of Oregon My commission expires: 3/7/08 `.4.,� OFFICIAL SEAL R THOMAS WOOD �'i NOTARY PUBLIC-OREGON ^ COMMISSION NO.376994 MY COMMISSION EXPIRES MARCH 7,2008 ORSTBSD 177_"" ^ 1 Exhibit A A tract of land in Section 36,Township 1 South,Range I West,of the Willamette Meridian,in the County of Washington and State of Oregon,more particularly described as follows: BEGINNING at a point on the North line of Section 36,that bears North 89°48'West 1039.84 feet from the Northeast corner of Section 36;thence South 0°09'West 1068.90 feet to the North line of Oak Street;thence North 89°45'West 200 feet along the North line of Oak Street;thence North 0°09'East 1068.72 feet to the North line of Section 36;thence South 89°48'East 200 feet to the point of beginning. EXCEPT the East 85 feet of the South 120 feet of the above tract. ALSO EXCEPT the Northerly 618.72 feet, ALSO EXCEPT that tract described as beginning at the most Northerly Northeast corner of tract conveyed to Godfrey W.Russell,et ux,by deed recorded March 26,1962,in Book 460,Page 46,Deed Records,said point being North 89°48'West 1039.84 feet and South 0°09' West 868.9 feet from the Northeast corner of Section 36;thence North 0°09'East 50 feet to the Southeast corner of tract conveyed to James M.Berry,et ux,by deed recorded May 29,1958,in Book 405,Page 217,Deed Records;thence North 89°43'West 85 feet;thence South 0°09'West 30 feet;thence North 89°43'West 80 feet to a point;thence South 0°09'West 220 feet to a point in the North line of Oak Street;thence South 89°43'East 80 feet;thence Northerly 120 feet;thence South 89°43'East 85 feet;thence North 0°09'East 80 feet to the point of beginning. ALSO EXCEPT the James M.Berry,et ux,tract described Book 405,Page 217,Deed Records. SCHEDULE A PAWCJ / /41��! Order No.: 06287052-W Policy No.: a-1093-26996618 Date of Policy: October 6,2006 at 2:17 p.m. 1 f°./2 6/t4' 4 Amount of Insurance: $336,000 00 Premium: $1,0022 CO 1 Name of Insured: M RENEE BALES-THORPE and STEVE E THORPE 2. The estate or interest referred to herein is,at the date hereot,vested in: M RENEE BALES-THORPE and STEVE E THORPE, as tenants by the entirety, an estate in lee s;uip;c 3 The land referred to in this policy is described as follows: A tract of land in Section 36, Township 1 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows. BEGINNING at a point on the North line of Section 36, that bears North 89°48' West 1039 84 feet from the Northeast corner of Section 36; thence South 0°09' West 1068 90 feet to the North line of Oak Street; thence North 89M5' West 200 feet along the North line of Oak Street; thence North 0°09' East 1068.72 feet to the North line of Section 36; thence South 89°48' East 200 feet to the point of beginning. EXCEPT the East 85 feet of the South 120 feet of the above tract AI SO EXCEPT the Northerly 618.72 feet, ALSO EXCEPT that tract described as beginning at the most Northerly Northeast corner of tract conveyed to Godfrey W Russell, et ux, by deed recorded March 26, 1962, in Book 460, Page 46, Deed Records, said point being North 89°48' West 1039 84 feet and South 0°09' West 868 9 feet from the Northeast corner of Section 36; thence North 0°09' East 50 feet to the Southeast corner of tract conveyed to James M Berry, et ux, by deed recorded May 29, 1958, in Book 405, Page 217, Deed Records; thence North 89°43' West 85 feet; thence South 0°09' West 30 feet; thence North 89°43' West 80 feet to a point; thence South 0°09' West 220 feet to a point in the North line of Oak Street; thence South 89°43' East 80 feet; thence Northerly 120 feet; thence South 89°43'East 85 feet; thence North 0°09'East 80 feet to the point of beginning Al so EXCEPT the James M. Berry. et ux, tract described Book 405, Page 217, Deed Records. Pacific Northwest Title Insurance Company Acs ^r,: N- t r287! :' ^,� P'ISCy Fnern 1997 L O- 901 " dt'td x. Apy?$ , I? s'tA• I - Policy No.: 0-1093-269968 crHFn1II F R This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or expenses)which arise by reason of: GENERAL EXCEPTIONS: 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 2 Any facts, rights, interests, easements 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 possession thereof 3 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 5 Statutory liens or other liens or encumbrances, or claims cnereoi, wiucii dib u j aiwwt+by'ilia public rccc'ds SPECIAL EXCEPTIONS: 6 The herein described premises are within the boundaries of and subject to the statutory powers, including the power of assessment, of Clean Water Services 7 Rights of the public in and to any portion of the herein described premises lying within the boundaries of streets, roads or highways 8 Easement and Maintenance Agreement, including the terms and provisions thereof: For : Underground sewer line and appurtenances Between : International Christian Leprosy Mission, Inc And Metzger Sanitary District rzF.,,-,,�^ April 14, 1965 Rook • 548 Pans 481 Affects See document for exact location Pacific Northwest Title Insurance Company PAGE 2 of Order No 06287052 AI TA Owner's Policy Form 1992 n Policy No.: 0-1093-269966 SCHEDULE B (CONTINUED) P Trust Deed. including the terms and provisions thereat to secure me amount noted ueiuw atcu uti-rer dtilui:iit5 secured thereunder, if any: Grantor : M Renee Bales-Thorpe and Steve E.Thorpe Trustee : Pacific Northwest Title Beneficiary • Mortgage Electronic Registration Systems, Inc. as nominee for Plaza Home Mortgage, Inc natpr! • October 4:2006 Rarnrriari • October 6. 2006 Fan No 2006-119329 Amyl rnt • $235.290 00 1 nan t\lo 18609122 Pacific Northwest Title Insurance Company Ga(,F 4 nr( rrir>r Nn fR287n52--ALTA Owners Poticv Form 1992 �• , 'k' Luc. t- Number: M 7-6 - 704.5 Deed Reference: B 292 P 459 -=;_ KNOW ALL MEN BY THESE PRESENTS:That we (I) ....-... .._. late.rnati.onal Christian Leprosy Mis.axon,..In�.._ ... 3I ..._....._—.......................--.._....—._......... ... ....... _ _ _ -_.. ... - i. i hereinafter termed grantor(s), in consideration of the sum of ... :.:.'. :........-._.._... to be paid ?" Y ; by METZGER SANITARY DISTRICT, a municipal corporation of Washington County, Oregon, .t':.t:'1'i hereinafter termed the District,hereby giant,bargain,sell and convey unto the METZGER SANI- TARY r'%{ DISTRICT a perpetual right-of-way and easement us hereinafter described, together with `•`�"�` g Y g ::rr.�+j . :4,. a temporary right-of-way and easement to use an additional area hereinafter described and desig- :;sn;,:tir, :':, rated temporary easement, for the following uses and purposes: ; tSr :lip' {;c: r y,,, trei-. A Fig I. Perpetual easement: r.1,4,'.LL An unencumbered perpetual right-of-way and easement for the purpose of construct- 4..y ing, reconstructing, operating, maintaining, inspecting and repairing of an under- ' ti^qy L. ;y, ground sewer line and appurtenances,together with the right to remove, as neces- :1 r%• -"f1 eery, vegetation, foliage,trees and other obstructions within the easement area,but a;i=�,r,%N reserving to the g'rantora the title to the lands, subject to the easement, and the 41e_1• Svyyr right to make such use thereof, except to construct buildings,as will not interfere 7^,.. 0 w with the uses end purposes of the easement;said easement area being...1...5........... *lie-" i. fir feet on each side,when measured at right angles, of the fallowing-described center kti 1;it,.. line within the following designated premises: fir •,ter Beginning at a point in Section 36, ;i S, Ell W, W. M. , r a4(.'' Washington County, Oregon in the westerly line of that parcel of sw.r.. land conveyed to International Christian Leprosy Mission Inc., as SI1 j :� .,.p described in Book 292, Page 459, Deed Records of said Washington M'•'w' P County, distant thereon northerly 100 feet from the southwesterly l:- ., !a.:. u corner thereof; thence S 89°51'E 106,5 feet to the easterly line of ��r-�=;v�,�-�- 1'r. said land distant thereon northerly fifty (50.0) feet from the south- tUtIr.^ .r` r 4. westerly corner of that parcel of land conveyed to James M. Berry 'i1-'-`r=..' • as described in Book 529, Page Z77, Deed Records of said Washington q42 '`' County, the sidelines of the easement area to terminate in said s:Wit;.. . westerly and easterly lines. '{ ` , .i,V w i (' ' ,-,-,,e•,..- arc 8..`•r"�t ' y ± 4 ,tutt'r�.r,..■ �Yt,r• i Iciltifica ..1$11,4: 2. Temporary easement: :J.',w We Together with the temporary right of ingress,egress and regress, and use for sewer ,,111 construction purposes, of additional lands lying parallel to, along both sides and ' within..._......7....5... _..feet,when measured at right angles, of the above described Ci perpetual casement area, excepting and reserving to grantors the unencumbered njoyment, use and preservation of all structures present upon the premises. This empor easement shall terminate u n completion of the sewer construction ork,et which time, upon request of the owner, the district will issue a written ru-e::,�s thereof. :;•ti;" ''• MK 548 PAGE 481 ..,: „ .c ++" _ �'r ,3z'.rK7% :s.fe.. si+':'#^'-;f; ,; 7ly.4.1 'A.A 1L .Y .i '''''"e•3. '.'"' n r1 M t Y)�.•: fR _T[ .'F • I':r. .t,• 't'.:_ 'i,..',.. '✓.y'..11 •1,- • .. i.P...- +. ,(1:1.f._%, e ..F,..., r �,'?. 1 a;.j!1{{ir 7;44,1:-." { iioyw1*-jyt r` 1•J, J i ':1 a ,. N�+r«� ,J :F ( w•Pwr.M 'e.Mei:i%.. as, LY.4.1: +�,Sh Q ..l t:lt;:k: .. '*k j'"a e•rt•ttit i ,t w^'+rrro ,1 t/ .s.; t.. .:1=';177:73-11954,177,7717:}:^P,f T /A .r...,k j,�,. of* n•. `...•,,., .. :4orir" '% Y�:J•1,+,y'1j u • l ti��'4'4 . j..+":--In,,4,i..?.'i Il'I''?...r: . ,,"".t.At: ..;"6N3- n..... •l. !CU. Jr... i-s. .L",d'1:,T gi r• t:...,Jn' , "t.,!N :,0:.t., , �SO ri%•1 rev „ .-'}74.15 • ),.{:',1)%);(1,,,i- if....:,,, 54'1. 3 U 9 ..i7,7 d: .2•'i :jili' i•1" i' .:i. 1 -1, t'ft 7,1,:' iil j n't-- ' M.f.i • 14.- i e.,-441.) . ;: ;G:i'u:t:v: 0... Should it be necessary to cut and remove any brush,trees,or other matter or materials from t`'''."'' _j�! the easement wren,said brush, trees, or other matter and materials shall be removed and disposed ":' -r•; of by the District and the District shall leave the easement area in a neat and workmanlike condi- 14:"e1a•"3,1 i tion. The District agrees that In connection with its use of the perpetual easement area and in �ka,±. ri' i inspecting, repairing, maintaining,or replacing said sewer line,the district rcill leave the premises +' :Y�v;: 4•114 in a neat and workmanlike condition and ns nearly in the pre-existing state as practicable F."•.1 41 The grantors do hereby warrant that the are owners in fee simple le and have the right to '`ci?; 'yi' g Y they P lrtil5:+'ii' grant the above-described easements. Ski 17 th kiaroh 1'7"': Witness our hands and seals this .. day of _,19 &6 ,4slf,:,:; tornationa Christi Loprosy t:issic:n, Ina. =:., q' 4„ ,i, w •-f... .._._ .`‹--.0 -.._(SEAL) BY_ `ic+.Ua.c_ C..2/1- L-P.E/(SEAL) r•41yf`ati, + ▪;?A'Se'. i 4'Cs L'ttor Hattie K. eietenlS j '.''ir�,,Tri, ■ ma y.'>' At ` s4.dent Its Secratar `n` �"?ia't• 1 r ;1.:lCi3. c ;o'i•w-'i (SEAL} _....._._.•.,..._.«....._... (SEAL) .c rtS•• t , �.• t',«R:Zs• . , 6I ri 4 1`- . 0L -.L.--- (SEAL) - _.._ _ (SEAL) ' -.,• .„, - Fora consideration,the mortgage lien on the above-described properties is hereby made sub- ••d•••-•t•• ordinate to the easements above granted, :ti:a rtK .n ga Z+iti+ i Dated this .�._. day of .__..a2-,----t ..._ ,1 vi: ..... tom,. 1' -_.1- -_ .1 -:•.,....•.,,:::•.:.„:~_ 3'1x' T.. .. .• SMort_gagee j , •'n l+l _... Title ..-, r. • 1 STATE OF OREGON, ) s'`r'A' ' County of Washington ) a 1x.14:1 • ...day of. F. .... ,]9_ personally appeared the above-named : Z r1 "`-(• On thisA rig 65 �%”L �' l r linos T. Houghton I s i`r i E............... • t' k i � i a nd�r:t'knolvEdged. foregoing instrument to be their voluntary act and deed. r 1;; 14. •I I in Before me: ?•-1ry r t R.1", 3 Llo 1.- 1 r n.ri:'n■ No rY Public ore `}} 4 I My commission expires: • :xru,:r•ala r ;r tiov ;.tam =x �`s r Y.Y.' BOOK 548 PA' 482 ti YiN r E 1 kiiIiiVt { _ S Li i:i .w.,�w, " '• uay, o -W f' ' r'.t�•vf+f - _ "r tl A 1. ,.....-.0.,,,....4.1“ 'P .r�„__.t,' ..-..-Aa...:.t,µ:tf. ...:...... ,.-.1..a...... -' „�• 'R� �-'.a .. ..,,.ti.t.: �= fRYtsvOwtG 8M3iz.,i:H+THSc..a..R+i- -`'..[+:ii.3.tl.7Y•+L.-t+»'•-.nd_w_ ^«-..w+. ..,:...s.. .. ..,._:.._..—_. _-._.— -._�... . --.- { •. t w. f•g—n,... .4 r f i"1'rA.4 'niq�n.,Ar ~ 4=,./rt E17, ? �. F 4k fitd#:rtl.: j v 1s 3 .i.!L�f3.ii.TStc s�l.?x t.r. � , t( � 1 , .J h ;([T ti 4r'w.Yr � -/ "r V _ M1Y .* ..:... .c._.,- .Z :) n.. s '..o.t.tnt. .#ro•∎. ....',r :•A i Yr„_ ,.? .r... t ` ) 9.7.41. r� rrs kr g 8 G 4S4S A k'Ku v n .4,(41 fleaF:410:zletAllii at. ,:lt p.•;;.r. ri .''.gyp-+�r.��l�J+�iAtiM1t-..l�l ,,A J______ _ ,; T,,,, � iii t Q4a :ti'•. 0.. ?: ADDITIONAL DOCUMENTS City of Tigard, Oregon 13125 SW Hall Blvd. • Tigae,_ , OR 97223 •IIII W T I GARD April 15, 2009 Steve Thorpe 6917 SW Oak St. Tigard, OR 97223 RE:Lot Line Adjustment LLA2009-00002 Dear Mr. Thorpe, Upon review of your application for a lot line adjustment, I found in our mapping program that there seems to be a sanitary sewer lateral from Oak Street through the south side of tract one to a manhole near the eastern boundary of tract two. Also, the application does not include either a deed or an easement document for the 200'X35' tract of land running north from Oak Street to the southwest corner of your tract 2. Please provide these documents as soon as possible. Upon receipt, I will have the documents reviewed by the Engineering Division.When they approve their portion of the application I will consider the application complete and proceed to writing the land use decision. Feel free to call me with any questions at 503-718-2440. Sincerely, Darrel"Hap"Watkins Assistant Planner CC: File LLA2009-00002 LLA2009-00002 Thorpe Lot Line Adjustment Incomplete 041509 Page 1 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772