LLA2009-00006 LLA2009 - 00006
JACK PARK
LOT LINE
ADJUSTMENT
•
NOTICE OF TYPE I DECISION
.,
LOT LINE ADJUSTMENT (LLA) 2009-00006
JACK PARK LOT LINE ADJUSTMENT
120 DAYS = 12-05-2009
SECTION I. APPLICATION SUMMARY
FILE NAME: JACK PARK LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment(LLA) LLA2009-00006
PROPOSAL: The applicant is proposing a lot line adjustment that will reduce tax lot 2S104AD-
04500 (Lot 1) from 3.27 to 1.71 acres and increasc tax lot 2S104AD-04501 (Lot 2)
from 1.2 to 2.75 acres. Lot 2 will be made part of Jack Park and provided with
public park enhancements such as a playground with equipment and a developed
path and bridge from the area near Walnut Street across the stream into the
existing Jack Park property.
APPLICANT: Steve Martin OWNER Gary Wells
City of Tigard LOT 1: TVF&R
13125 SW Hall Blvd. 20665 SW Blanton St.
Tigard, OR 97223 Aloha, OR 97007
OWNER City of Tigard
LOT 2: 13125 SW Hall Blvd.
Tigard, OR 97223
LOCATIONS: LOT 1: 12585 SW Walnut Street;WCTM 2S104AD,Tax Lot 04500
LOT 2: No address;WCTM 2S104AD,Tax Lot 04501
ZONING
DESIGNATIONS: R-4.5: Low-Density Residential District. The R-4.5 zoning district is
designed to accommodate detached single-family homes with or without
accessory residential units at a minimum lot size of 7,500 square feet. Duplexes
and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.520.
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.
LLA2009-00006 Jack Park Lot Line Adjustment Decision 081009 Page 1
CONDITIONS OF APPROVAL
PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
1. 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.
2. The applicant shall record the lot line adjustment with Washington County and submit a copy of
the recorded survey map to the City within fifteen days of recording, to be incorporated into the
record.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcels are located on the north side of Walnut Street between 124`h Avenue and 128th
Avenue. Lot 1 is the site of the new TVF&R Fire Station and Lot 2 is northwest of that and adjoins
Jack Park. The transfer of land to Lot 2 will extend Jack Park to Walnut Street and enhance pedestrian
access.
Proposal Description:
The applicant is proposing a lot line adjustment that will reduce tax lot 2S104AD-04500 (Lot 1) from
3.27 to 1.71 acres and increase tax lot 2S104AD-04501 (Lot 2) from 1.2 to 2.75 acres. Lot 2 will be
made part of Jack Park and provided with public park enhancements such as a playground with
equipment and a developed path and bridge from the area near Walnut Street across the stream into the
existing Jack Park property.
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; two (2) lots are existing and two (2) lots will
remain after the adjustment. Both lots as adjusted meet the minimum lot size in the R-4.5 zoning
district.
By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site
development or zoning district regulations for that district;
Based on the plans submitted, no existing structures will be in violation of the required setbacks.
LLA2009-00006 Jack Park Lot Line Adjustment Decision 081009 Page 2
The resulting parcels a. .i conformity with the dimensional .ndards of the zoning district,
including:
♦ The minimum width of the building envelope area shall meet the lot requirement of the
applicable zoning district;
• The lot area shall be as required by the applicable zoning district. In the case of a flag lot,
the access way may not be included in the lot area calculation;
• Each lot created through the partition process shall front a public right-of-way by at least 15
feet or have a legally recorded minimum 15-foot wide access easement; and
♦ Setbacks shall be as required by the applicable zoning district.
The lots will satisfy the minimum lot width or building envelope area for the R-4.5 Zone and the lot
line adjustment does not create a flag lot. The lots each front a right of way with more than fifteen feet
of frontage and only Lot 1 has an existing access. Lot 2 will have pedestrian access only. Setbacks will
not apply to Lot 2, a public park, and Lot 1 is an approved conditional use for this zone.
With regard to flag lots:
• When the partitioned lot is a flag lot, the developer may determine the location of the front
yard, provided that no side yard is less than 10 feet. Structures shall generally be located so
as to maximize separation from existing structures.
• A screen shall be provided along the property line of a lot of record where the paved drive in
an access way is located within ten feet of an abutting lot in accordance with Section
18.745.040. Screening may also be required to maintain privacy for abutting lots and to
provide usable outdoor recreation areas for proposed development.
The proposed lot line adjustment does not involve flag lots.
The fire district may require the installation of a fire hydrant where the length of an access way
would have a detrimental effect on fire-fighting capabilities.
There is no new access associated with this Lot Line Adjustment.
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.
Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress,
and Circulation.
Access is pre-existing for Lot 1 and no access is proposed for Lot 2.
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
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.
LLA2009-00006 Jack Park Lot Line Adjustment Decision 081009 Page 3
FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been
met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not
be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON AUGUST 10, 2009
AND BECOMES EFFECTIVE ON AUGUST 11, 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.
414 r;" August 10. 2009
APPROVED BY: D a `Hap"Watkins DATE
As nt Planner
LLA2009-00006 Jack Park Lot Line Adjustment Decision 081009 Page 4
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APPLICANT
MATERIALS
LOT LINE ADJUSTMENT
TYPE I APPLICATION
City gf Tigard Penrii Center 13125 SW Hall Blzd, Tigxna OR 97223
Phone. 503.639.4171 Fax:503.598.1960
GENERAL INFORMATION
PARCEL 1
Property Address/Location(s): 4o2 57c95— IJAlituu t`
Ti��►2�, 02 .
Tax Map&Tax Lot#(s): c; 5 /0'' /40 O 0 FOR STAFF USE ONLY
Site Size: J,2 7 Ac`1 S Case No.(s): LL lj 20 6- 0000/0
'/ Other Case No.(s): M M 0 L j -O 0 D
Property Owner/Deed Holder(s)*: (Attach list if more than one) T/'f S R
Address: oP,06 6S S W 8/A St Receipt No.: 20- 100
City/State: 14 k A p. , 0 it Zip: 574 0 7 Application Accepted By
Primary Contact: GAR i l�S Date: I/4 /o1
Phone: 5 o3 -6(12 -033 l Fax: ,S'o 3-6 c/2-?(,S,
PARCEL 2 Date Determined Complete: ,5,70/-,f
f /JAG Rev.7/1/07
Property Address/Location(s): i28 f, is\cwpin\masters\land use applications\lot line adjustment app.doc
T/G A/Z-60 0/L
Tax Map&Tax Lot#(s): a 5 /04/ 40 O'S D/
Site Size:
"'
���^ �� C'r%'"
Property Owner/Deed Holder(s)r: (Attach list if more than one) di'ly T/«40 REQUIRED SUBMITTAL ELEMENTS
Address: /1/42r SW t/c/I "/vg/ (Note: applications will not be accepted
City/State: T/6 f1A /_ Zip: 9 722, 3 without the required submittal elements)
Primary Contact: _5T�r a_, "710,2r,t)
Phone: 52 3 7/8 g Fax: �� 7• 8‘-/- 83 y0 ❑ Application Form
❑ Owner's Signature/Written Authorization
Applicant /Agent: 6,4(-/ o F T/G Ag-o ❑ Title Transfer Instrument or Deed
Address: /,3/fir' Sc) 1-4/3- 1/ A 441 ❑ Preliminary Map(2 copies)
City/State: 77 ,1 /W , 0K Zip: 9222 3
Primary Contact: 57ZiE l�ni.A) ❑ Site/Plot Plan(2 copies)
Phone: SO/ -218 cgs-8 3 Fax: 5b3 48`/ $85f0 ❑ Site/Plot Plan(reduced 8%'x 11")
❑ 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 $4ZS 69�
from the owner or an agent of the owner. The owner(s) must sign this y�� N;
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:
parcels of 3 ' and /' 20 /IC
(number) (acreage or square footage)
into 2 parcels of 1, 7 114 c and 2' 75-#44.
(number) (acreage or square footage) ZDfrie 2-V"5-
List any VARIANCE,CONDITIONAL USE,SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part
of this application:
4 P9/A)02- f✓9DDI (ICr7law )'Y1/ (1 be rep-ii /� S ol,,,)
h� (Px71•11,-s lJ , aaic7 y *t 2 11Qv Q 4- (('/ y Pia - /e ,
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APPLICANTS:
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on
the front of this application in the"Required Submittal Elements"box.
(Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.)
THE APPLICANT(S)SHALL CERTIFY THAT:
• 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 ,20
Jii, , / --- 21111/ Of Voz.211)Pe..
4 t/Authorized Agent's Signature er's .i_• .tore
'a),
nature Owner's Signature
''
" �
CITY OF TIGARD RECEIPT
IIII 13125 SW Hall Blvd.,Tigard OR 97223
• 503.639.4171
TIGARD
Receipt Number: 174700 - 08/04/2009
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
LLA2009-00006 50%Joint Application Fee 1003100-43116 $209.50
LLA2009-00006 50%Joint Application Fee-LRP 1003100-43117 $31.50
Total: $241.00
PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Journal Entry JE7 KPEERMAN 08/04/2009 $241.00
Payor: City of Tigard
Total Payments: $241.00
Balance Due: $0.00
Page 1 of 1
City of Tigard/Tualatin Valley Fire&Rescue Lot Line Adjustment 2009
The City of Tigard (Tigard) and Tualatin Valley Fire&Rescue (TVFR) are requesting a lot line
adjustment to 2 properties. The first property (Parcel#1),owned by TVF&R is tax lot
2S104AD04500 and will be reduced in size from 3.27 Acres to 1.71 Acres. The second property
(Parcel #2), owned by Tigard is tax lot 2S104AD04501 and will increase in area from 1.2 Acres to
2.75 Acres. The second property,owned by the City of Tigard is a part of the City's Jack Park. This
Lot Line Adjustment meets the approval Criteria in TDC 18.410.040
Ogly 140
LEGAL DESCRIPTION
FOR
LOT LINE ADJUSTMENT OF THE WALNUT FIRE STATION PROPERTY
A tract of land situated in the Northeast one-quarter of Section 4,Township 2 South,Range 1 West,
of the Willamette Meridian,City of Tigard,Washington County,Oregon described as follows:
Beginning at the Southeast corner of Parcel 1 as recorded in Book 776 Page 707 of the Washington
County Deed Records; Thence S 48° 47' 07"W a distance of 367.98 feet; Thence S 01° 49' 10"W
a distance of 173.41 feet to the northerly right-of-way of SW Walnut Street 35.00 feet from center
line and point on a non-tangent curve to the left; Thence along said curve to the left with a radius
of 785.00 feet,a central angle of 19° 48'25" (a chord which bears N 79°22' 54" E,270.02 feet) and
a length of 271.37 feet; Thence S 1° 50' 55"W a distance of 5.40 feet to a point which is 30.00 feet
from the center line of SW Walnut Street and point on a non-tangent curve to the left; Thence
along said curve to the left with a radius of 790.00 feet,a central angle of 00°23' 06" (a chord
which bears N 69°26'06" E, 5.31 feet) and a length of 5.31 feet to the west line of the plat of
Bellwood as recorded in Book 27 Page 10 of the Washington County Subdivision Records line of
the plat of Brookway as recorded in Book 28 Page 1 of the Washington County Subdivision
Records; Thence N 1°52'46" E,along said west line,a distance of 369.76 feet to the point of
beginning
Containing 1.71 Acres more or less.
i)ovra 141 V‘k
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to
LEGAL DESCRIPTION
FOR
LOT LINE ADJUSTMENT OF THE WALNUT FIRE STATION PROPERTY
A tract of land situated in the Northeast one-quarter of Section 4,Township 2 South,Range 1 West,
of the Willamette Meridian,City of Tigard,Washington County, Oregon described as follows:
Beginning at the Southeast corner of Parcel 1 as recorded in Book 776 Page 707 of the Washington
County Deed Records; Thence S 48° 47'07"W a distance of 367.98 feet; Thence S 01° 49' 10"W
a distance of 173.41 feet to the northerly right-of-way of SW Walnut Street 35.00 feet from center
line and point on a non-tangent curve to the right; Thence along said curve to the right with a
radius of 785.00 feet,a central angle of 3°42' 53" (a chord which bears N 88° 52'29"W, 50.89
feet) and a length of 50.90 feet to the point of tangency; Thence N 87° 00'00"W along said
northerly right-of-way, a distance of 142.07 feet; thence S 1° 51' 15"W a distance of 5.00 feet to a
point which is 30.00 feet from the center line of SW Walnut Street; Thence N 87°00'00"W,along
said right-of-way,a distance of 4.93 feet to the east line of the plat of Bellwood as recorded in Book
27 Page 10 of the Washington County Subdivision Records; Thence N 1° 51'00"E,along said east
line a distance of 436.89 feet to the Northeast corner of Lot 10 Bellwood and the Southwest corner
of Parcel 1 as recorded in Book 776 Page 707 of the Washington County Deed Records; Thence
S 86° 58'53"E,along the south line of said Parcel 1, a distance of 466.70 feet to the point of
beginning.
Containing 2.75 Acres more or less.
MUD N..721-00ITCLAIM DEED. ••••
KM. •
1067
/
KNOW ALL MEN BY THESE PRESENTS, T T... P.. _LORRE11.2, .Guardian..of the
P.e.r.s.on_ and. P.r.o.per.ty of .ALFRED...}3i
,hereinafter called grantor,
for the consideration hereinafter stated,does hereby remise, release and quitclaim unto
The Lity .of Tigard
hereinafter called grantee,and unto grantee's heirs,successors and assigns all of the grantor's right,title and interest
in that certain real property with the tenements,hereditaments and appurtenances thereunto belonging or in any-
wise appertaining,situated in the County of Washington ,State of Oregon,described as follows,to-wit:
Life estate of Alfred Bell, reserved in his deed to
Brayson and Griffin, a co-partnership consisting of James W.
Brayson and Q. B. Griffin, recorded July 5, 1968, in Book 704,
Page 251, Washington County Records,
TOGETHER WITH that certain easement, including the terms
and provisions thereof, given by Alfred Bell, a single man, to
City of Tigard, a municipal corporation, recorded February 28,
1969, in Book 734, Page 550, Washington County Records.
To Have and to Hold the same unto the said grantee and grantee's heirs,successors and as 'gns forever.
The true and actual consideration paid for this transfer,stated in terms of dollars,is$
OHOWDthErrilte-aetual-eoneieferettion-oonsists-ei-er-ineitedes-othern, ,iy-or retort iverr-or—prensieed—witich—ie--
censideraSien-&etelieerte-WiliCh)°
the whole
In construing this deed the singular includes the plur s the cumstances may require.
Witness grantor's hand this 7 day of ,1972
STATE OF OREGON, County of Washington j 88. ,j9,72
,..4..ergmally.ammmedthealmvemmied J. P. LOHRENZ, Guardian the Pirson and
.. Property of ALFRED BELL.
• , )alnd',acinxiwledged the foregoing instrument to be hi y act and deed, in his
representative capacity.
: - Before nay 4.4‘
t.
(d;FillAz sEtt-X Notary P, lic for Oregon
My corn '-isison expires LVd.e.r...xelt LI 7
eel eppEthbIe ihou■cl b.delethd Sth Eliththe 462,Oregon laws 1967,as emended by the 1967 Nthciel 2.1.16n.
°>) QUITCLAIM DEED
J. P. LOHRENZ, Guardian STATE OF OREGON
Person and Property of treejr of Washington 55
ALFRED-BEM
TO I, Roger Thomsen, Director of Records
end Elections and Ex,Officio Recorder of Con-
CITY OF TIGARD (00N,WIC TNIS
yeyonces for .1d county, do hereby certify
that the within instrument of writing was
FON RZCONDING1
received.and recorded in book of records
LAN. IN COUP.
TIES wanes No. •
AFTER RECORDING RETURN TO U.K.., of said County
Witness•my band and seal•affixed.
ROGER THOMSSEN, Director of
(4 icy ...giriee•vse Records & Elections
ee, ALs/ 0.7.557
"".71:iutY
r
BO 863 PAGE 964 Ar 5 I 44 FM'71
•
l,7TY OF TIC4J
10407
BARGAIN AND SALE DEED
J. W. BRAYSON BUILDER, INC., an Oregon corporation, "Grantor,"
has bargained and sold, and by these presents does grant, bargain,
sell and convey unto CITY OF TIGARD, OREGON, "Grantee," and
its successors and assigns, all the following real property,
with the tenements, hereditaments and appurtenances, situated
in the County of Washington, State of Oregon, bounded and described
as follows:
PARCEL I:
Tract "B," BELLWOOD.
PARCEL II:
A tract of land in Section 4, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon,
being more particularly described as follows:
Beginning at the northeast corner of Lot 10, BELLWOOD,
a duly recorded plat in Washington County, Oregon;
thence south 87° 26' 00" east 309.57 feet along the
southerly line of Tract B, said Plat of Bellwood;
thence south 44° 32' 13" west 453.05 feet to the north-
east corner of Lot 1, said Plat of Bellwood; thence
north 1° 26' 40" east 336.88 feet along the easterly
lines of Lots 9 and 10, said Plat of Bellwood, to the
point of beginning.
Said parcels of real property are conveyed to Grantee so long
as Parcels I and II are used as a park.
Grantor has a possibility of reverter, and the Grantee has a
fee-simple determinable.
The consideration for this transfer is nil.
To have and to hold the above-described and granted premises
unto Grantee, its successors and assigns forever.
Executed pursuant to order of the board of directors this
.; L day of March , 1970.
J. W7�RAYSON BUILD , INC.
BY ._.i / r a-�
$Yesident
BY' - � /
' r� � L
Vice President
STATE OF OREGON )
)ss.
County of Multnomah ) March 31st , 1970
Personally appeared J. W. BRAYSON and Keith G. Daughters
who, being each duly sworn, did say that the former is the
MU 776 PAGE 707
Page I - BARGAIN AND SALE DEED
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ANDERSON 8c DITTMAN APR 3 1972
ATTORNEYS AT LAW
TIGARD PROFESSIONAL CENTER ('�
8865 S. W. CENTER STREET CITY OF TIGARD
P. O. BOX 23006. TIGARD. OREGON 97223
639-1121
FRED. A. ANDERSON
bERRYCK H. DITTMAN
M E M O R A N D U M
TO Nick Hiebert , Acting Director of Public Works
FROM Fred. A. Anderson
SUBJECT Release of Bell life estate
DATE April 11, 1972
As you requested, I have obtained a court order releasing
the life estate of Alfred Bell and I enclose a deed conforming
thereto .
There are certain personal belongings still on the premises
which Mr. Lohrenz is responsible for as guardian of Alfred Bell, and
I have assured hjmthat there will be no difficulty in obtaining the
removal thereof.
The within deed should be forwarded for recording and if you
desire that I do so , please let me know.
e A. An r
FAA/,j
Enc .
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i 1 7etle ladeemace eomftiaptei '�/90
Title insurance 12012 S.W. Canyon Road/ Beaverton, Oregon 97005
escrows Phone 646-8181 HEAD OFFICE
425 S.W. FOURTH AVENUE
PHONE 222-3651
City of Tigard Order No. 317668
P. 0. Box 23557 June 12, 1970
Tigard, Oregon 97223
Attention: Mr. John Hagman
Gentlemen:
We are prepared to issue Owner ' s Title Insurance Policy covering:
See EXHIBIT "A" attached;
showing title on May 27, 1970 at 5:00 P.M. , vested in:
CITY OF TIGARD, OREGON,
an estate in fee simple;
subject to the Usual printed exceptions, and
1. 1969-70 taxes, $43.31 plus interest unpaid. (2S1 4AD 4501 23-8;
AFFECTS PARCEL II)
NOTE: 1969-70 taxes paid before plat was filed. (2S1 4AA 4600 23-46;
AFFE CI'S PARCEL I)
2. Tigard City Liens, if any.
60,,1 3 . Easement, including the terms and provisions thereof, granted
to Portland General Electric Company, dated October 30, 1952, recorded
December 31, 1952, in Book 340, page 145, Washington County Records .
(AFFECTS PARCEL I AND OTHER PROPERTY ALSO)
(sr-Ec/ft&6> 4. Easement disclosed by deed to Brayson and Griffin, a co-partnership
consisting of James W. Brayson and Q. B. Griffin, recorded July 5,
1968, in Book 704, page 248, Washington County Records, to-wit:
"Together with a non-exclusive easement to right of way and ease-
ment for road access and utility purposes over the following
described tract of land, to-wit: Beginning at the Southeast corner
of the Northeast quarter of the Northeast quarter of Section 4,
Township 2 South, Range 1 West of the Willamette Meridian, Washington
County, Oregon; running thence North along the section line, 206.7
feet; thence West at right angles to the section line, 50 feet; thence
South parallel to said section line, 400 feet; thence East at right
angles to the section line, 50 feet; thence North along the section
line 193 .3 feet to the place of beginning. " (AFFECTS PARCEL I)
(,arr,c,iu)5. Life estate of Alfred Bell, reserved in his deed to Brayson and
Griffin, a co-partnership consisting of James W. Brayson and Q. B.
City of Tigard---2 Order No. 317668
Griffin, recorded July 5, 1968, in Book 704, page 251, Washington
County Records. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO)
6. Mortgage, including the terms and provisions thereof, given by
Brayson and Griffin, a co-partnership consisting of James W. Brayson
and Q. B. Griffin, to Morgan Pacific Co. , a division of First
National Bank of Oregon, dated May 16, 1968, recorded July 3, 1968,
in Book 704, page 141, re-recorded July 8, 1968, in Book 704, page
363, Washington County Records, to secure the payment of $180, 000.00.
(AFFECTS PARCEL I AND OTHER PROPERTY ALSO)
( , 7) 7. Right of Way Easement, including the terms and provisions thereof,
granted to City of Tigard, dated September 16, 1968, recorded
February 28, 1969, in Book 734, page 562, Washington County Records,
for sewer. (AFFECTS PARCEL II)
(jg7m,el,40>)8. Restrictive Covenant regarding underground wiring, executed by
J. W. Brayson Builder, Inc. , recorded June 4, 1969, in Book 745, page
523, Washington County Records, reference to which is hereby made.
(AFFECTS PARCEL -d)
67.7.404a6) 9. Easements shown on the plat: "A11 side and rear lot lines to
have a five foot utility easement. " (AFFECTS PARCEL I)
647-x,04EM 10. Easement, including the terms and provisions thereof, given by
Alfred Bell, a single man, to City of Tigard, a municipal corpora-
tion, recorded February 28, 1969, in Book 734, page 550, Washington
County Records. (AFFECTS PARCEL I)
(5K,, Ea) 11. Condition contained in deed from J. W. Brayson Builder, Inc. to
City of Tigard, Oregon, recorded April 14, 1970, in Book 776, page
707, Washington County Records, which recites: "Said parcels of real
property are conveyed to Grantee so long as Parcels I and II are
used as a park. Grantor has a possibility of reverter, and the
Grantee has a fee-simple determinable. "
TITLE INSURANCE COMPANY
Washington County Branch
77
William H. Dunn
WHD/lc
/ h
Order No. 317668
EXHIBIT "A"
PARCEL I:
Tract "B", BELLWOOD, in the City of Tigard, Washington County, Oregon.
PARCEL II:
A tract of land in Section 4, Township 2 Souty, Range 1 West of the
Willamette 'Meridian, Washington County, Oregon, being more particularly
described as follows:
Beginning at the Northeast corner of Lot 10, BELLWOOD, a duly recorded
plat in Washington County, Oregon; thence South 87°26'00" East
309. 57 feet along the Southerly line of Tract "B", said plat of
BELLWOOD; thence South 44°32 ' 13" West 453.05 feet to the Northeast
corner of Lot 1, said plat of Bellwood; thence North 1°26'40" East
336. 88 feet along the Easterly lines of Lots 9 and 10, said plat of
Bellwood, to the,point of beginning.
SCHEDULE A
Amount $ 2 ,500. 00 Date May 27 , 1970 At 5:00 P.M.
INSURED
---CITY OF TIGARD, OREGON---
The fee simple title to said land is, at the date hereof, vested in
CITY OF TIGARD, OREGON.---
The land referred to in this policy is described as:
PARCEL I:
Tract "B" , BELLWOOD , in the City of Tigard, Washington County,
Oregon .
PARCEL II:
A tract of land in Section 4, Township 2 South, Range 1 West of
the Willamette Meridian, Washington County, Oregon, being more
particularly described as follows :
Beginning at the Northeast corner of Lot 10, BELLWOOD, a duly
recorded plat in Washington County, Oregon; thence South 87°26' 00"
East 309.57 feet along the Southerly line of Tract "B" , said plat
of BELLWOOD; thence South 44°32' 13" West 453 .05 feet to the
Northeast corner of Lot 1, said plat of BELLWOOD; thence North
1°26' 40" East 336.88 feet along the Easterly lines of Lots 9 and
10, said plat of BELLWOOD, to the point of beginning.---
PAGE 2 OF POLICY NO. 317668
SCHEDULE B
This policy does not insure against loss by reason of the matters shown or referred to in this
Schedule except to the extent that the owner of any mortgage or deed of trust is expressly
insured in Paragraphs numbered 4 and 5 on page 1 of this policy.
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; pending pro-
ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance
or order therefor.
2. 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 possession
thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records;
unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other
facts which a correct survey would disclose.
5. 1969-70 txes , $43 .31, plus interest, unpaid.
(2S1 4AD 4501 23-8) AFFECTS PARCEL II
6 . Tigard City Liens, if any.
7 . Easement , including the terms and provisions thereof granted
to Portland General Electric Company, dated October 30, 1952 , re-
corded December 31, 1952 , in Book 340, Page 145 , Washington County
Records. (AFFECTS PARCEL I and OTHER PROPERTY ALSO)
8. Easement disclosed by deed to Brayson and Griffin, a co-part-
nership consisting of James W. Braysonand Q. B. Griffin, recorded
July 5, 1968, in Book 704, Page 248, Washington County Records,
to-wit :
"Together with a non-exclusive easement to right of way and
easement for road access and utility purposes over the following
described tract of land, to-wit : Beginning at the Southeast corner
of the Northeast quarter of the Northeast quarter of Section 4,
Township 2 South, Range 1 West of the Willamette Meridian , Washing-
ton County, Oregon; running thence North along the Section line , 206. 7
feet; thence West at right angles to the section line, 50 feet; thence
South parallel to said section line, 400 feet; thence East at right
angles to the section line , 50 feet; thence North along the section
line 193.3 feet to the place of beginning." (AFFECTS PARCEL I)
9. Life estate of Alfred Bell, reserved in his deed to Brayson
and Griffin , a co-partnership consisting of James W. Brayson and
Q. B. Griffin , recorded July 5 , 1968, in Book 704, Page 251, Wash-
ington County Records. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO)
---CONTINUED---
Page3 of Policy No. 317668
---SCHEDULE "B" CONTINUED---
10. Mortgage, including the terms and provisions thereof, given
by Brayson and Griffin, a co-partnership consisting of James W.
Brayson and Q. B. Griffin , to Morgan Pacific Co. , a division of
First National Bank of Oregon , dated May 16, 1968 , recorded July
3 , 1968, in Book 704, Page 141, re-recorded July 8 , 1968 , in Book
704, Page 363 , Washington County Records , to secure the payment of
$180, 000.00. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO)
11. Right of Way Easement, including the terms and provisions
thereof, granted to City of Tigard, dated September 16 , 1968,
recorded February 28, 1969, in Book 734, Page 562 , Washington
County Records, for sewer. (AFFECTS PARCEL II)
12. Restrictive Covenant regarding underground wiring, executed
by J. W. Brayson Builder, Inc. , recorded June 4, 1969 , in Book 745 ,
Page 523 , Washington County Records, reference to which is hereby
made. (AFFECTS PARCEL I)
13 . Easements shown on the plat: "All side and rear lot lines
to have a five foot utility easement." (AFFECTS PARCEL I)
14. Easement, including the terms and provisions thereof , given
by Alfred Bell, a single man, to City of Tigard, a municipal
corporation, recorded February 28, 1969, in Book 734, Page 550,
Washington County Records. (AFFECTS PARCEL I)
15 . Condition contained in deed from J. W. Brayson Builder , Inc . ,
to City of Tigard, Oregon, recorded April 14, 1970 , in Book 776,
Page 707 , Washington County Records, which recites : "Said parcels
of real property are conveyed to Grantee so long as Parcels I and
II are used as a park. Grantor has a possibility of reverter,
and the Grantee has a fee-simple determinable."---
Page 4 of Policy No. 317668
r — -- — -----Th
f_I WaaN •County,Oregon
4J-- O6r 10:28:37 AM 2006-078348
/ilv ' 04). Cry•i afro.le D HOf'MAN
•
2.0 820.00$0.00811.00•Total a 837.00
f/`
1111111111111111
J � 4 ' ` k+� THIS SPACE RESER 00975844200;;'783480040040
J k�w I,Richard Hobamlchi,Dire ofAUanmont and ,,,•,��•
�• � •, -:". 't" Taxation and Ex•Offlcio •unty Clerk for Wuhlnpton e.,:fi r•. ;— 1 1. County,Oregon,do reb certify that the within •-'
atin um Y fy vii .J
�.•• Instrument of •• pwu received and recorded In the ti.�\ /;3``' 01 book of arc• •t of Said:yrgy. j l SI , V ,'Cr' ''
rS- FU • i•W.Hobemlcht`DDIrectorr of Asssssbmint and ��4.i,a;ak,
Tuition,Ea• ffklo County Clerk
After recording return to:
Tualatin Valley Fire & Rescue
20665 SW Blanton Street
Aloha, OR 97007
Until a change is requested all tax statements
shall be sent to the following address:
Tualatin Valley Fire & Rescue
20665 SW Blanton Street
Aloha, OR 97007
File No.: 7034-845978 (nt)
Date: June 26, 2006
STATUTORY WARRANTY DEED
`�
13.J Windwood Construction, Inc., Grantor, conveys and warrants to Tualatin Valley Fire & Rescue,
s Grantee, the following described real property free of liens and encumbrances, except as specifically set
forth herein:
m � See Legal Description attached hereto as Exhibit A and by this reference incorporated herein.
2i3-
-*I This property is free from liens and encumbrances, EXCEPT:
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.
** This Deed is being re—recorded to show acceptance by Tualatin Valley Fire
Z and Rescue, a Rural Fire Protection b $ rict k
The true consideration for this conveyance is $1,2OO,UOUO. (Here comply with requirements of ORS 93.030)
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 INS I RUMENT 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 C I I Y OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND 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.
Dated this 2 7 day of )`` , 20 0 4,
Page 1 of 4
XC ill e410 SI N�°CUt^ e4 C`
1 70g_
E
•
.
N
APN: R480688 Statutory Warranty Deed File No.:7034-845978(nt)
-continued Date:06/26/2006
Windwood Construction, Inc
By: M. Dale Richards, President
STATE OF Oregon )
)ss.
County of Washington )
This instrument was acknowledged before me on this a day of v--)`(1.-4 — , 2O CWT
by M. Dale Richards as President of Windwood Construction, Inc, on beha of the .
\`li.
_
i) ..;-.":;.%
OFFICIAL SEAL 1
NICOIAT.TIMM Notary Public for Oregon
.is NoTaP�ouBUC-0gEG_QN
`' r My commission expires:
, myCpMM,S5.uN 0,2;11ES JAN.21,2009 y
ACCEPTED BY:
Tualatin Valle Fire and Rescue,
a Rura - ' ate tion District
By:
11111LJI 111111r
•4'
Its: naltalliK41=
EX#MX)XEIdK1XXX
Page 2 of 4
STATE OF OREGON
COUNTY OF WASHINGTON
Pers9inally appeared before me. this (7(4 day of , 2006, the above named
�}e1� who being duly sworn, did say that
he is as i\KSIb(1 C.11,'e41. of TUALATIN VALLEY FIRE AND RESCUE, A RURAL FIRE
PROTECTION DISTRICT, and that said instrument was signed on behalf, of said corporation,
and acknowledged said instrument to be his voluntary act and deed
•• OFFICIAL SEAL q‘°-111(A-: rG •
�)
' SHERRI D CAMARBlp Notary Public of Oregon n
J NOTARY PUBLIC-OREGON My Commission Expires: .a7 c2
COMMISSION NO.387088 /
MY COMMISSION EXPIRES NOV.27,2008
• A
•
APN:R480688 Statutory Warranty Deed File No.:7034-845978(nt)
-continued Date:06/26/2006
EXHIBIT A
LEGAL DESCRIPTION:
Beginning at the Southeast corner of the East half of the North half of the Southeast quarter of the
Northeast quarter of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, and running
thence West 466.7 feet to a point, running thence North 466.7 feet to a point; thence East 466.7 feet to
a point, running thence South 466.7 feet to the place of beginning;
EXCEPTING THEREFROM the following property:
A tract of land in Section 4, Township 2 South, Range 1 West, Willamette Meridian, In the City of Tigard,
Washington County, State of Oregon, more particularly described as follows:
Beginning at the quarter corner on the East line of said Section 4, thence South by 89° 18' West, on the
South line of the Northeast quarter of said Section 4, 299.2 feet to an iron pipe; thence North 1° 42'
West, parallel with the East line of said Section 4, 655.4 feet to a point in the center of County Road No.
934 from which point an iron bears South 1°42' East 20.0 feet, thence North 89° 22' East 235.0 feet to
the true point of beginning of the herein described premises; thence North 1° 42' West to a point on the
South line of County Road No. 934; thence Northeasterly along said South line to a point on the East line
of said Section 4; thence South 1° 42' East along said East line to a point that bears North 89° 22' East
64.2 feet from the true point of beginning; thence South 89° 22' West 64.2 feet to the true point of
beginning.
ALSO EXCEPTING THEREFROM the following property:
A tract of land in Section 4,Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard,
Washington County, State of Oregon, more particularly described as follows:
Beginning at the quarter corner on the East line of said Section 4, thence South by 89° 18' West, on the
South line of the Northeast quarter of said Section 4, 299.2 feet to an Iron pipe; thence North 1° 42'
West, parallel with the East line of said Section 4, 655.4 feet to a point In the center of County Road No.
934 from which point an iron bears South 1°42' East 20.0 feet, thence North 89° 22' East 235.0 feet to
the true point of beginning of the herein described premises; thence North 1° 42' West to a point on the
South line of County Road No. 934; thence Southwesterly along said South line to a point on the North
line of that certain tract described in deed to Sever O. Severson, et ux, recorded January 03, 1941 in
Book 195, Page 153, Washington County Deed Records; thence North 89° 22' East to the true point of
beginning.
ALSO EXCEPTING THEREFROM the following property:
The property situated in the City of Tigard, Washington County, State of Oregon described as follows:
Beginning at a point which is South 1° 42' 20" West 220.35 feet, and North 87° 26' 00" West 157.30 feet
from the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of Section 4, Township 2 South,
Range 1 West, Willamette Meridian in the City of Tigard, Washington County, State of Oregon; thence
South 44° 32' 13" West 453.05 feet; thence North 1° 26' 40" East 336.90 feet; thence South 87° 26' 00"
East 309.57 feet to the point of beginning.
Page 3 of 4
F
1
APN:R480688 Statutory Warranty Deed File No.:7034-845978(nt)
-continued Date:06/26/2006
ALSO EXCEPTING THEREFROM the following property conveyed to Washington County recorded February
07, 2005 as Fee No. 2005-013084.
OR•r I, Richard W Hobernicht, Director of Assessment
5' 55 - AX C0 andTaxation and Ex-Officio County Clerk for
', ,,`, <,' Washington County, do hereby certify this to be a
,,; `� r�p �gi o true and correct copy of the original.
' c "" — ; Date:
' ' * ,,ra 12 2OUc0
-s.. ,.. .,, ,,• 0 By- C C ----Pir".-F,-,'N,L.A.to... et.,,K,
Page 4 of 4
L 1
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