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SUB2006-00009 WITHDRAWN SUB2006 - 00009 CAPRIO SUBDIVISION City of Tigard, Oregon . 13125 SW/Hall Blvd. • Tigaru., JR 97223 • . . T I GARD February 20,2007 Teri L. Caprio 5570 SW Neff Park Ln. Lake Oswego,OR 97035 Re: Permit No. SUB2006-00009 Dear Ms. Caprio: The City of Tigard has canceled the above referenced permit(s) and enclose a refund for the following: Site Address: 11000 SW Gaarde St. Project Name: Caprio Subdivision Job No.: N/a Refund: ❑ Check# in the amount of$ ® Credit card "return" receipt in the amount of$4,273.60. ❑ Trust account "deposit" receipt in the amount of$ Notes: Application withdrawn. Refund 80% of application fees. If you have any questions please contact me at 503.718.2430. Sincerely, Dianna Howse Permit Specialist E nc. I:\Building\Refunds\Administration\LtrRefund-CancelPemut.doc 01/16/07 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 ;I : .1 City of Tigard TIGARD Tidemark Refund Request This form is used for refund requests of land use, engineering and building application fees paid by all methods. Receipts,documentation and the Request for Pemit A ction or Rqund form(if applicable) must be attached to this form. Refund requests are due to Tidemark System Administrator by Friday at 5:00 PM for processing each Monday. Accounts Payable will route refund checks to Tidemark System Administrator for distribution. Please allow 1-2 weeks for processing. PAYABLE TO: Teri L. Caprio DATE: February 20,2007 5570 SW Neff Park Ln. Lake Oswego, OR 97035 REQUESTED BY: Dianna Howse KJP TRANSACTION INFORMATION: Receipt#: 2006-4991 Case#: SUB2006-00009 Date: 10/17/06 Address/Parcel: 11000 SW Gaarde St. Pay Method: Credit Card Project Name: Caprio Subdivision EXPLANATION: Application withdrawn. Refund 80% of application fees. REFUND INFORMATION: Fee Description From Receipt Revenue Account No. Refund Example: [BUILD]Permit Fee Example: 245-0000-432000 $Amount [LANDUS]Prelim Plat w/o PD 100-0000-438000 $3,774.40 [LRPF]LR Planning Surcharge 100-0000-438050 499.20 TOTAL REFUND: $4,273.60 APPROVALS: If under$500 Professional Staff If under$5,000 Division Manager If under$22,500 Department Manager If under$50,000 City Manager If over$50,000 Local Contract Review Board FOR TIDEMARK SYSTEM ADMINISTRATION USE ONLY Case Refund Processed: Date: I By: I I:\Building\Refunds\RefundRequest.doc 09/15/06 CITY OF TIGARD 2/20/2007 ' C " 13125 SW Hall Blvd. 10:54:15AM ! Tigard,OR 97223 503.639.4171 TIGARD Refund Receipt #: 27200700000000000753 'F1/2-'X5 4._ Date: 02/20/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid SUB2006-00009 Reversal- [LANDUS]Prelim Pla 100-0000-438000 (3,774.40) SUB2006-00009 Reversal- [LRPF]LR Planning 100-0000-438050 (499.20) Line Item Total: ($4,273.60) Refund: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Credit Reversal TERI L CAPRIO 01637B In Person (4,273.60) ' Refund Total: ($4,273.60) cri N\ cu 1 a u C p o v i '0 a) ,.iN a I I 1 vy V 0 �� ° y v O v ,lam t° v °" I—i em Q U) 0 x a) 'o � `., 4 c O CI D� V " N W d Pd - i vW o o x w 0 4 ea U w X v' «s cd ~ „ b N u a r. k W 6J 6J t,N \ A. y v �. x ar r °Q txxU vO • ry o 0 a v m \ : cd Q O 0) ,V F-, w x G .. cReceipt.rpt Page 1 of 1 CITY OF TIGARU - • 13125 SW Hall Blvd. 10:58:02AM Tigard,Oregon 97223 TIGARD (503)639-4171 Receipt #: 27200600000000004991 C.-//'./ - A/>.9-- Date: 10/17/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid SUB2006-00009 [LANDUS]Prelim Plat w/o PD 100-0000-438000 4,718.00 SUB2006-00009 [LRPF]LR Planning Surcharge 100-0000-438050 624.00 Line Item Total: $5,342.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid CreditCard TERI L CAPRIO KJP 01637B In Person 5,342.00 Payment Total: $5,342.00 cReceipt.rpt Page 1 of 1 :'11 : " Planning Division TIGARD Request for Permit Action or Refund TO: CITY OF TIGARD Permit System Administrator 13125 SW Hall Blvd., Tigard, OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 FROM: ❑ Owner ® Applicant ❑ Contractor ❑ City Staff (check one) Name: cii,„(Li„ (Business or Individual) 'V C, 1 0 Mailing Address: 5 5 70 SW 4 „11, PdA-A 41) o//3/0? /oL L City/State/Zip: �e. QS i„1 e / Lf l Q 7 o3S_ W/77/4)12,9-142/4 Phone No.: 503 - 41Z 8 PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED(✓): NI CANCEL PERMIT APPLICATION. REFUND PERMIT FEES (attach receipt, if available). ❑ REMOVE CONTRACTOR FROM PERMIT(do not cancel permit). Permit#: <Q.,6 2(M6- o0oo ? Site Address or Parcel#: // 0(2 o ,S t,J a as i_d_ Project Name: Cf.,70 r to Su esd th Ji on Subdivision Name: Lot#: EXPLANATION: .�-aW , �C_e,t_io go„..,/,0.6L./z,e:_s, >L0 674.1ez.&e..7d.e,a7 Pay Signature: r Date: -'/5'I Print Name: /Cr,J,4 Refund Policy 1. The Director may authorize the refund of: a) any fee which was erroneously paid or collected. b) not more than 80 percent of the application fee when an application is withdrawn or canceled before any review effort has been expended. 2. Refunds will be returned to the original Payer in the same method in which payment was received. FOR OFFICE USE ONLY Rte to S Admin: Date . B Rte to Bid:Admin: Date B Refund Processed: Date . ..?d 6'7 Erryil Invoice Processed: Date B fv, Permit Canceled: Date of-. o 511 Parcel Ta: Added: Date B Receipt#0 Date .t /7 O4, Meth.. Cc__ Amount$ .57,1•94. I:\Citywide\Tidemark\'Forms\Req a on-P .doc Rev 02/27/06 V7/9, ea 70 7 79, VO � 73 4 G 2y.vrJ � ep76, `/9 f, 2-0 o /�`' February 13,2007 City of Tigard Planning Department Gary Pagenstecher Teri Caprio 5570 SW Neff Park Ln Lake Oswego, OR 97035 503.332.4268 To Whom It May Concern: I am writing to request an 80%refund for the Sub-Division Application Fee submitted in October of 2006. The name of the project was, "Caprio Subdivision"and the address is as follows: 11000 SW Gaarde St Tigard, OR 97224 If you have any questions please contact me at 503.332.4268. Thank you for your time. Sincerely, ,zzc....—:1,0, -, Teri Caprio r , • PRE-APP.HELD BY: Er CITY OF TIGARD PLANNING DIVISION LAND USE PERMIT APPLICATION City 4-Tigard Permit Center 13125 SW Hall Blzd, TigarcZ OR 97223 Phone. 503.639.4171 Fax:503.598.1960 File#1 51, 6_,xxzq Other Case# f� - , . Date IrgAff` ' By I f--pp I Receipt# (.° ��IQ Fee 'r53 y Z r Date Complete L TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ❑Minor Land Partition(II) ❑Zone Change (III) ❑ Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑Zone Change Annexation(IV) ❑Conditional Use(III) El Sensitive Lands Review(I,II or III) ❑Zone Ordinance Amendment(IV) ❑Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(II) Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) TAX MAP J9N XIAT OS.sw GARDE aria �lUll)d I l&A(Lla/ Old 25 TOTAL SITE SIZE I I O `� ZONING CLASSIFICATION iW,3 6 , s . �� . APPLICANT' Ten Capri° MAILING ADDRESS/QTY/STATE/ZIP n 5S 70 meN' ParK L . LA lee K e Oswego; 0 9 70 c PHONE NO. FAX NO. SC3. 332.4'26 ' , 6-03,330. 1I3c 5-123,1 7.7157 PRIMARY CONTACT PERSON / PHONE NO. MOn Be/z az CC)3. s3&. // 35 PROPERTY OWNER/DEED HOLDER(Attach list if more than one) TES I CAP'c tv MAILING ADDRESSTCTIY/STATE/ZIP PHONE . - FAX NO. *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) 5J im l z)E n wry L.4 IUTs Li) lVtm ] ]`in e ExtsT►,V6 CA/ FA&JJ LOT CuZRetJTLy F PA,r CEL I- 4s/ TWO C)urI.&E., E PRcres#L D1vIDES E./W-1 tAiT SEPERATELy ' Illici-vprs iv (rlinwor. t1 3Cso _sq h. e. 1. ktia Fop_ rilrH COliAC-5 W SEPE-AArr t (z( s, e4fi ►-t W'1TI-1 A ?Ci) N#oi. h. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan,attachments, and exhibits transmitted herewith,are true; and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application,including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. p i-4 - 20 Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date CITY OF TIGARD 1U/1 1 rLVVU ■ 13125 SW Hall Blvd. 10:58:02AM I Tigard,Oregon 97223 TIGARD (503)639-4171 f Receipt #: 27200600000000004991 Date: 10/17/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid SUB2006-00009 [LANDUS]Prelim Plat w/o PD 100-0000-438000 4,718.00 SUB2006-00009 [LRPF]LR Planning Surcharge 100-0000-438050 624.00 Line Item Total: $5,342.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid CreditCard TERI L CAPRIO KJP 01637B In Person 5,342.00 Payment Total: $5,342.00 cReceipt.rpt Page 1 of 1 • Until a change is requested all tax statements shall be sent to the following address. Prepared by and When Recorded Return to: MORTGAGE MARKET, ATTN: FINAL DOCS 440 NORTH ORLEANS CHICAGO, IL 60610 LOAN NO. 1101111548 [Space Above This Line For Recording Data] DEED OF TRUST MIN 100058900003041910 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated NOVEMBER 5, 2003 together with all Riders to this document. (B) "Borrower" is TERI CAPRIO Borrower is the trustor under this Security Instrument. (C) "Lender" is MORTGAGE MARKET, INC. Lender is a AN OREGON CORPORATION organized and existing under the laws of OREGON . Lender's address is 9020 SW WASHINGTON SQUARE DR. #550 TIGARD, OR 97223 (D) "Trustee" is PACIFIC NORTHWEST TITLE OF OREGON, INC. • OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MFRS Form 3038 (01/01) MERS 3038 Page 1 of 14 (E) "N ERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated NOVEMBER 5, 2003 The Note states that Borrower owes Lender TWO HUNDRED TEN THOUSAND AND 00/100 Dollars (U.S. $ 210, 000. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 1, 2018 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower [check box as applicable]: .Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider Other(s) x 1-4 Family Rider Biweekly Payment Rider (.1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (K) "Community Association Dues, Fees and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" mean those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the . Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3038 Page 2 of 14 (R) "Successor in Interest of Borrower"means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY [Type of Recording Jurisdiction] • of WASHINGTON • [Name of Recording Jurisdiction] SEE ATTACHED EXHIBIT "A" AP#R4S9224, 2S110AA-02300, CODE 023.74 which currently has the address of 11000-11010 SOUTHWEST GAARDE STREET, TIGARD (Street] [city] Oregon 97224 ("Property Address"): RIP Cork] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns)has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3035 Page 3 of 14 shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment(s) or partial payment(s) if the payment(s) or partial payments are insufficient to bring the Loan current. Lender may accept any payment(s) or partial payment(s) insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment(s) or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment(s) to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3038 Page 4 of 14 amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3038 Page 5 of 14 insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3038 Page 6 of 14 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorney's fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3038 Page 7 of 14 for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as ) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3038 Page 8 of 14 not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent OREGON-Sinele Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3038 Page 9 of 14 Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without.any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3038 Page 10 of 14 intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer(s) and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3038 Page 11 of 14 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall give notice of sale in the manner prescribed by Applicable Law to Borrower and to other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 30315 Page 12 of 14 Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. *24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. As used in this Security Instrument and in the Note, "attorneys' fees" shall include any those awarded by an appellate court. 26. Protective Advances. This Security Instrument secures any advances Lender, at its discretion, may make under Section 9 of this Security Instrument to protect Lender's interest in the Property and rights under this Security Instrument. 27. Required Evidence of Property Insurance. WARNING Unless you provide us with evidence of the insurance coverage as required by our contract or loan agreement, we may purchase insurance at your expense to protect our interest. This insurance may, but need not, also protect your interest. If the collateral becomes damaged, the coverage we purchase may not pay any claim you make or any claim made against you. You may later cancel this coverage by providing evidence that you have obtained property coverage elsewhere. You are responsible for the cost of any insurance purchased by us. The cost of this insurance may be added to your contract or loan balance. If the cost is added to you contract or loan balance, the interest rate on the underlying contract or loan will apply to this added amount. The effective date of coverage may be the date you prior coverage lapsed or the date you failed to provide proof of coverage. The coverage we purchase may be considerable more expensive than insurance you can obtain on your own and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by Applicable Law. OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) SRS 3038 Page 13 of 14 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: (Seal) TERI CAPRIO -Borrower (Seal) -Borrower • (Seal) -Borrower (Seal) -Borrower [Space Below This Line For Acknowledgment] STATE OF } } ss. County of } On this day of , personally appeared the above named TERI CAPRIO and acknowledged the foregoing instrument to be his/her/their voluntary act and deed. Witness my hand and official seal. My Commission expires: Notary Public for Oregon OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 (01/01) MERS 3038 Page 14 of 14 r +4 A tract in the Northeast one-quarter of Section 10, Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as: Beginning at the North one-quarter corner of said Section 10; thence North 89° 43' East along the North line of said Section 10 a distance of 1090.0 feet; thence South 0° 17' East a distance of 20.0 feet to an iron rod in the South line of SW Gaarde Street; thence North 89° 43' East along said South line a distance of 156.0 feet to the true point of beginning of the tract herein to be described; thence continuing North 89°43' East along said South line a distance of 141.83 feet; thence South 57° 28' 11" East a distance of 28.53 feet; thence South 32°40' 00"West a distance of 120.62 feet; thence South 89° 31' 58" West a distance of 1002 feet; thence North 0° 17' 00"West a distance of 117.0 • feet to the true point of beginning. Legal Description 4 TICOR TITLE INSURANCE COMPANY 1629 SW Salmon Porlla d.OR 97205 Subdivision Chapter 18.430 Approval Criteria: Preliminary Plat 1. Preliminary Plat must comply with Applicable Zoning Ordinance. The said property is zoned R-12. This requires a minimum lot size of 3,050sq ft which all lots meet. It also requires maximum building height of 35ft, the buildings on site are under 15 ft. in height. Maximum site coverage is less than 80%, as required. The minimum landscaped or natural vegetation area is 20%, as required. Please see detailed site plan for Zoning District dimensional requirements. The residential density calculations in an R-12 zone comes out to 11.4 units per acre for a single-family residence(according to pre-app notes). The proposed single family residences will be 4 units per 14,363 sq. ft.,meeting the requirement. 2. The proposed preliminary plat name, Caprio Subdivision, is not duplicative. This was confirmed upon receipt of the official name by Washington County Land Use and Transportation Surveyor's Office. (please see enclosed documentation submitted with the initial application) 3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road patters. The only street affecting the parcel is Gaarde St. which has been previously approved by the City at the time of creation. Gaarde St. will not change, nor require change. 4. The common improvements will include the water and sewer improvements(see Paul Izatt's letter, attached). The proposed water meters will be 1" residential meters, this is according to Rob Murchison. Off Street Parking/Loading Requirements 18.765 Parking space isle dimensions. Please see site map. The total dimensions are 21.05 feet by 65.64 ft. This allows for 4 parking spots, each being 10.5ft by about 25ft. with enough room for everyone to pull in and out without affecting another vehicle. The parking lot is proposed as a joint easement as noted on the preliminary partition plat. Maintenance obligations will be as follows: Each unit may use one parking spot. Driveway or access to parking lot must be kept clear for all units to park as allotted. If the parking lot is in need of repair, each unit owner will comply 25% of the project. 18.745.040 Street Trees Landscaping and Screening A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review As shown in the site plan, there are currently four trees near the front of the property. These four trees do not interfere with the visual clearance area. If allowed, they will be used as street trees, as they are above the minimum of two inches and four feet in height. They also meet the spacing requirements as described below. C. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Section 18.745.040.C.2 below; 2.The specific spacing of street trees by size of tree shall be as follows: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; -Tree 13 and 1 are less than 20 ft.apart.Tree 2 and 3 are less than 20 ft apart. b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; -Tree 13 and 1 are less than 20ft apart. Tree 2 and 3 are less than 20ft apart. c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; d. Except for signalized intersections as provided in Section 18.745.040.H,trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; e. No new utility pole location shall be established closer than five feet to any existing street tree; f. Tree pits shall be located so as not to include utilities(e.g.,water and gas meters) in the tree well; -Tree pits do not interfere with utilities. See Plat and arborist report. g. On-premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; -Proposed water meters will not be installed within an existing tree well. See site plan for proposed water meter locations. h. Street trees shall not be planted closer than 20 feet to light standards; i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; j. Where there are overhead power lines, the street tree species selected shall be of a type which,at full maturity,will not interfere with the lines; k. Trees shall not be planted within two feet from the face of the curb;and 1. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones;and (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root COLLIER Y ARBOR CARE Environmentally Friendly...Since 1937 11814 SE Jennifer Street, Clackamas, Oregon 97015 Monica Belz January 5, 2007 5570 S.W. Neff Park Lane Lake Oswego, OR 97035 RE: Tree inventory for the Caprio Subdivision Case File# SUB2006-00009 Dear Ms. Belz: At your request I am to prepare an inventory of all the trees located on the Caprio Subdivision property located at 11000 S.W. Gaarde, Tigard, OR 97224. This inventory has been requested by the City of Tigard to be used in the permit application process. Per our conversation, only the tree inventory is necessary as no construction activities requiring tree preservation recommendations are proposed. The attached table provides tree identification information including tree species, diameter to the nearest inch and estimated tree height to the nearest 5 foot increment. Tree health evaluation, tree value estimation or protection recommendations are not included in this report. The site map provided by you indicates the presence of 11 trees to be evaluated, however there are actually 13 trees total on this site. These trees will be designated as trees 12 and 13 on the enclosed table. Included with the tree inventory is the site map with all 13 trees represented. Wadi/0, :/01/1 Wendall P. Wich, Certified Arborist#PN1694 Portland: 503--'22-7267 Vancouver: 360-693-6056 Fax: 503-23-5531 www.collierarbor.com Tree Inventory Caprio Subdivisi Page 1 of 1 Site location 11000 S.W. Gaarde, l igard OR 97224 TREE INVENTORY SITE: CAPRIO SUBDIVISION TREE # TREE SPECIES COMMON NAME DIAMETER HEIGHT TREE #1 Platanus occidentalis Sycamore 23 inches 35 feet TREE #2 Platanus occidentalis Sycamore 22 inches 35 feet TREE #3 Pinus contorta Lodgepole Pine 11 inches 20 feet TREE #4 Liquidambar styracifula Sweetgum 14 inches 30 feet TREE #5 Liquidambar styracifula Sweetgum 15 inches 35 feet TREE #6 Betula papyrifera Birch 9 inches 30 feet TREE #7 Betula papyrifera Birch 10 inches 40 feet TREE#8 Pinus contorta Lodgepole Pine 9 inches 30 feet TREE #9 Pinus contorta Lodgepole Pine 13 inches 40 feet TREE #10 Betula papyrifera Birch 12 inches 45 feet TREE#11 Pinus contorta Lodgepole Pine 12 inches 40 feet TREE#12 Picea pungens Blue Spruce 15 inches 30 feet TREE#13 Pinus contorta _Lodgepole Pine 7 inches 20 feet Collier Arbor Care January 5, 2007 WA itll METER S89'28'04"W 138.89' 1s>?, S' E'.ISTIIIG �Qt--Q 1.163 • g3_o'• CURB 36.00' w Ig r,o, 73.12' {'>• PARCEL 1 "' EXIST I IG ] �� / c ;,; PARh fJG I..� o j • DECLARATION PRESEt IT ��b 30�G S.F. ? FROP09EC� �r rurT v r I'now all people by Dresanls that I, �� R,W —' ° 4; G c I EASEME•IT r� r,i PARCEL 3 ❑nn2:�ed n ap and mere Particularly dr_. T.,, n 3859 S.F. hove caused the some to be partitions 6.0' ADDITIONAL R j W N�S'33'22"E 3 ES 64' o mOP• There are no water rights oppur DEDICATED TO CITY _i o '\ OF TI0ARD o o :� !" 0 rV Monica BEI?2. O In p rn oto . cJ o rn ''AML Z UP C 8_ O �..��, ACKNOWLEDGEMENT v, 0 13.8' 21.74' °o '7,' r,` �` ' STATE OF OREGON O tI 8 o'0^"E° _ '3.23' �� .� 32.12' H88't9'c4O e. . COUNTY SS G _UNTY OF WASHINGTON o PARCEL _ o o PARCEL 4 .,-ry ',now all people be these presents, on 0 3072 S.F 34O'? S.F. cp. public in and for the State and County CO ^ry' the identical person described in the fc said declaration was executed freely an 54.15' 46.05' O 8• 1189176"E 100.20' Ai 0 '12 y ®10 11 Notary Public for the State of Oregon EXISTII•IG _ FENCE — APPROVALS APPROVED THIS __DA) OF 20 Cr .' WASHI'IGTUII COUIIT'r SURVEYOR EXISTING B,: SITE TREES SANITARY SEWER MANHOLE APPROVED THIS____DAY OF ?r 1. 12" MAPLE DIRECTOR, DEPARTMENT OF LAND USE 3. 10" PII•IE 3, 14" MAPLE 4. 10" MAPLE B1': ________ f 5. 12" MAPLE ALL TA,A.ES, FEES, ASSESSMENTS DR.. .O1 6. 1O' BIRCH.' r-F ?OOb alRCy r 12 DIRECTOR OF ASSESSMENT ANP u '."11 8. 12 PINE; • 9. 8s ' 'i STATE OF OREGON •SS 10 �` ff9-- 4 COUfJTY' OF WASHINPTO 1. I DO. E E a,A,F. r G(S�TERED Street and Utility Improvement Standards 18.810 Relevant Standards 18.810.050 Easements A. Easements. Easements for sewers,drainage,water mains,electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions,and where a development traversed by a watercourse,or drainage way,there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of the watercourse. B. Utility easements.A property owner proposing a development shall make arrangements with the City,the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development.The City's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company,applicable district,or City Engineer. We will need a Public sewer easement as specified in the attached letter from Paul Izatt regarding utilities at our location 11000 Gaarde St. 18.810.060 Lots A. Size and shape. Lot size,width,shape and orientation shall be appropriate for the location of the development and for the type of use contemplated,and: 1.No lot shall contain part of an existing or proposed public right-of-way within its dimensions; 2. The depth of all lots shall not exceed 2-1/2 times the average width,unless the parcel is less than 1-1/2 times the minimum lot size of the applicable zoning district; 3. Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use proposed. B. Lot frontage. Each lot shall abut upon a public or private street, other than an alley, for a width of at least 25 feet unless the lot is created through a minor land partition in which case Subsection 18.162.050(C)applies,or unless the lot is for an attached single-family dwelling unit, in which case the lot frontage shall be at least 15 feet. C. Through lots. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation,and: 1. A planting buffer at least ten feet wide is required abutting the arterial rights-of-way; and 2. All through lots shall provide the required front yard setback on each street. D. Lot side lines. The side lines of lots,as far as practicable,shall be at right angles to the street upon which the lots front. See Partition Plat Lot Lines. Also see site plan dimensions. 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments)and the adopted policies of the comprehensive plan. B. Sewer plan approval.The City Engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. D. Permits denied. Development permits may be restricted by the Commission or Hearings Officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety,surcharging of existing mains,or violations of state or federal standards pertaining to operation of the sewage treatment system. Our sewer requirements are specified in the letter from Paul Izatt. This letter states that we will need to provide complete separate laterals to a public sewer system. See attached letter. 18.810.030 Streets A. Improvements. 1.No development shall occur unless the development has frontage or approved access to a public street. 2.No development shall occur unless streets within the development meet the standards of this chapter. 3.No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided,however,that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. 4 Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter; 5. If the City could and would otherwise require the applicant to provide street improvements,the City Engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not,by itself,provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets;or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. 6. The standards of this chapter include the standard specifications adopted by the City Engineer pursuant to Section 18.810.020.B. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, steep slopes,or existing mature trees.The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards,the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the public interest,the approval authority shall consider the criteria listed in Section 18.810.030 E.1.An adjustment to the standards may not be granted if the adjustment would risk public safety. This development is not constructing a street. Please see partition plat for location of Gaarde St. in reference to 11000 SW Gaarde St. Gaarde St. has already been constructed and updated recently by the City of Tigard. It is up to standards. Yahoo! Mail-monicabelz @yahoo.com Page 1 of 1 t-1' g-10 COL MAIL Print-Close Window Date: Thu, 28 Dec 2006 15:03:11 -0800 From: "Paul Izatr <PAULI @tigard-or.gov> To: monicabelz @yahoo.com CC: "Kim Mcmillan" <Kim@tigard-or.gov>, "Rob Murchison " <Robm @tigard-or.gov> Subject: 11000 SW Gaarde St info Please contact Rob Murchison with the Tigard Water District for installation of new water meters. You will need to provide comElete separation of the water s ste within the buildings and Sanitary systems. Permits t rough Building Department Required. You will need to pr`ov�e separate laterals to a public sewer system and provide proof of any easements needed to place laterals on other properties. After researching the above property it appears there is a sewer system (Private) heading to your site behind the Apartments. This system will need to be Tv'd and approved for use by the public. A 15' Public sewer easement will be required for the exisiting (private) line within the Apartments property to become public. All of this will be nessary after you have recieved Land Use for the partition of the properties. Paul Izatt City of Tigard, Ore Senior Engineering Tech (503) 639-4171 ext 2463 (503) 624-0752 Fax Email: pauli @tigard-or.gov Visit Our Website www.tigard-or.gov This transmission (including any attachments) may contain confidential information, privileged material (including material protected by the solicitor-client or other applicable privileges) , or constitute non-public information. Any use of this information by anyone other than the intended recipient is prohibited. If you have received this transmission in error, please immediately reply to the sender and delete this information from your system. Use, dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized and may be unlawful. http://us.f3 22.mai 1.yahoo.com/ym/ShowLetter?box=NEFF%20PARK%20and%20GAARD... 1/9/2007 IN VCA 30ft. 6.5'side walk 1 1,� ■ • 2 11 • •e' I O water I water 0 rree 3 meter I parking lot & line Tree 1 8 line I dimensions 0 21.(5' — — — — 1 I __ — — — — — 21.02' Trees: 0 I 1, 12"maple I 2. 10"pine 0 I 3. 14"maple I v I 4. 10"maple 5. 12"maples 1 65.64' I 6. 10'birch 10 4 15' out —> 7. 10"birch 1 8. 12"pine 3859 sf 9. 8"pine - 3096 sf 1 10.8"birch 81 I 5 ill a3 22::site 11. 1Z"pine 28%site I c c."erage coverage — 70' Iproposed 1 '.a I water meters Proposed sewer line I 28%site coverage 25=: site c c.erage i 11010 11CC1 to serve individual Duplex Duplex parcels. 15' out #r2 *4 3072 sf 3402 sf 1 1010, 1 1000 S.W. Gaarde 8'9" 8'9" Teri Capriv 8 11 9 10 seer line SCALE: 5" = 100ft. li -rte t-,,.. • • min $elder—"� i'-'. ��k,, ;R .Ta't f -iC.21iA!lt"..f,:^.?i�fiEi aR'=:', =;::644";h 7 - �• �7:, s�,��d'- NARRATIVE &PROPOSAL DESCRIPTION: 11000 Gaarde Proposal Description: Subdivide our 14,363 sq. ft. lot holding 2 duplexes. The proposal subdivides our parcel into 4 lots with a minimum of 3,050 sq. ft. per lot including one town home on each lot. There will be no construction or building alterations necessary, simply divide the property into four lots. The Zoning District Dimensional Requirements (18.510) are met: Minimum lot size is fr 3,050 sq. ft. Average minimum lot width is 0 ft. Maximum building height is 35ft. v`' Setbacks are 15ft. in the front, 5ft. on the sides. 15 ft. on the rear Corner 10 ft. from the 'I /PP street. Maximum site coverage 80%. Minimum landscaped or natural vegetation area ' r 20%. Neighborhood Meeting: Property owners within 500ft of 11000 SW Gaarde and the City of Tigard Planning Division were notified two weeks in advance of the neighborhood meeting on October 18,2006 by a mailed letter. The meeting was held according to the City of Tigard Neighborhood Meeting Process handout. One couple showed up to the meeting,the Demarees. Their purpose was to keep updated with the neighborhood activity. The Affidavit is completed and included within this application packet. Impact Study(18.390 and 18.390.050) The effects of the development on public facilities and services due to our subdivision are minimal. 11000 SW Gaarde St. holds two duplexes currently. Each unit is rented out by a variety of households and has been continuously rented since the property was purchased in 1999. Once divided into four separate lots and sold,not much will physically change. People will be living in the units as they have been. The transportation system,bikeway system, drainage system, and park system will be undisturbed. However, an improvement necessary for this subdivision is to separate the sewer and water system per unit instead of only per duplex as current. This requirement is currently in process. Access (18.705 and 18.765) Minimum number of accesses are(1) and 11000 Gaarde has one(1). Minimum access width is-15' and 11000 Gaarde is over 20'. Minimum pavement width is 10' and 11000 Gaarde has over 2Q'. It is joint accessed. J c ;e<u;24) f �L Residential Density Calculation(18.715) 14,363 SF Gross Divided by 3,050 SF/unit Equals: 4.7 units. 4 units max. 3 units min. Landscaping(18.745, 18.765, and 18.705) Street trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. A minimum of one tree for every 7 parking spaces must be planted. This requirement is met. 11000 SW Gaarde has several trees throughout the property. Please see the proposed /' partition plat for the exact location of the trees, including which trees fall on proposed ;"/ lots. No trees will be disturbed when dividing this parcel into four parcels. Recycling (18.755) Included in this application packet is a letter from Pride Disposal ensuring service compatibility for our proposed site plan. / Parking(18.765, 18.705) All parking areas and driveways must be and are paved. For every single family residence one off-street parking space per dwelling unit is required including one space per unit less than 500 square feet. These requirements are met for the proposal. r/,,<., ' Clean Water Services Land development adjacent to sensitive areas shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. A CWS Service provider letter is required prior to submittal of any land use application. We have obtained this letter and it is included in this application. Tree Removal Plan Requirements Not Applicable. There will be no plan or requirement for planting,removing,or protecting any trees on the property. The trees will not be disturbed under this proposal. Mitigation(18.790.060 E) Not Applicable. There will be no plan or requirement for planting,removing,or protecting any trees on the property. The trees will not be disturbed under this proposal. Clear Vision Area(18.795) Clear Vision area must be maintained between three and eight feet in height at driveway intersection. This clear vision area has been shown on the site plan(proposal partition plat) along with any obstructions courtesy of Tom Swart professional land surveyor. This is in accordance with 18.795 in order to assure proper sight distances at intersections to reduce the hazard from vehicular turning movements. A clear vision area shall contain no vehicle, hedge,planting,fence,wall structure or temporary or permanent obstruction(except for an occasional utility pole or tree),exceeding three feet in height, measured from the top of the curb,or where no curb exists,from the street center line grade,except that trees exceeding this height may be located in this area,provided all branches below eight feet are removed. • I T' .i •; ,;, \ II SEP 2 0 Z006 , j'r f3' y L. c Ile Number r Oc Q012 70Q Clem Mater Services ()id ,,,,,,,,,,,,,,, „I is I�.:r, Sensitive Area Pre-Screening Site Assessment Jurisdiction ( I&f 0 Date .5er1 2 t:', Zoe: L Tax Map & Tax Lot s._ 11 U_ AA -02 3CV Owner )e rL _.(cifr,c_ Applicant _ern G.Vri' - Site Address .00O SW uArlaDE s-t Company __ 1._9c•ra1 0fl Address S 70 -S 1" _d1dill''r.L_/� Proposed Activity so di v e Xrs¢ ny City State Zip LA)=c (, ..e • C ` I`IL flyrCu1/4 Cb.n�c'1. J. 1l _ g r y7035 is--vi d''r1txe5-_L►^ Ph e CO; 3•y Z Yl c a F x,,-,2-3-1(i � `(_ly,s_k'/�■^i"hv Na:f vr�.�_'cti zZS7 (a0�o�l �r,,,, Mop;ft', Sys -33uil'3 By submitting this form the Owner, or wner's authoriz d age r representative, acknowledges and agrees that employees of Clean Water Services have au hority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. Official use only below this line Official use only below this line Official use only below this line Y N NA Y N NA Sensitive Area Composite Map I l (�jl Stonnwater Infrastructure maps Map # 7- 5/Lt)A _ l 1 L 1 IV\I QS# 11 Vg 1-,<, Locally adopted studies or maps (( 1 1 ll Other J Specify L� 1 1 Li Specify _�Ct��Iurof - Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 04-9: Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. ELSensitive areas do not appear to exist on site or within 200' of the site. This pre-screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 04-9, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Reviewer Comments::/ / �QLe►tri 4 IGhsrjivc _ 0.Y es.—. y2/o.+.ei . .t1t`_ Reviewed By /�' `-- -- Date: VI- , Official use only Post-it'Fax Note 7671 Date q a or Z, ha9es / / Kc1ur/u'c/10 Applicant To Tier; Clop 1Q From vC L 13V_ 4.4,, �1U11 Fax f 'l)(Ill!('I Co/Dept. Clop Co. n` ,�IC L'� flute j��Z//G6 ;i Phone# Phone# - Fax# ,� So 3 . 6B/ SlaG ' — ■I l�iL '3Y9 •�,,ZsI Fax# ■: ■ 1 • 10 c1 9001 ZSZ COQ', S0IIldVN9 00 'R IN1OdM INi0 V6C :O1 90-OZ-daN lit p * R * I * D * E DISPOSAL COMPANY P.O. Box 820 Sherwood, OR 97140 Phone: (503) 625-6177 Fax: (503) 625-6179 September 29, 2006 Monica Belz Teri Caprio 5570 SW Neff Park Ln Lake Oswego, OR 97035 RE: 11000 SW Gaarde St partition We have reviewed the site plan for the above mentioned partition. We will be able to adequately service both homes. Please note that each resident needs to bring the receptacles to the curb for collection. If you have any additional questions, feel free to contact me at (503) 625-6177 *124. Sincerely, Kristin Leichner Pride Disposal Company kristinl @pridedisposal.com (503) 625-6177 *124 FROM :Washington-County Sur veynr Ff1X IIU. :503H4b2YU' l)ct. 16 2[ b N1:1 /PM F 1 ___ Oct-16-06 12:02P CENTERP( Y & CD GRAPHICS 503 252 tt r'.O1 WASHINGTON COUNTY LAND 11SE AND TRANSPORTATION SURVEYOR'S OFFICE SUBDIVISION PLAT NAM(NO I request that the Washington County Surveyor's Omce reserve the following subdivision name: PROPOSED NAME OF D~CAPRIO SUBDIVISION: MAP AND TAX LOT NUMBER: 2s11Oaa, 2300 C▪ ITY JURISDICTION (Which City?) Tigard,OR OR COUNTY JURISDICTION: S▪ URVEYOR'S NAME; Thomas Swart COMPANY NAME: OWNER'S NAME: Ten C:aprio I understand that if the name is not used within five years, it will be automatically canceled. Name of person reserving name: Monica Selz Company name: Clark) Address: 5g7Q SW Neff Park Ln, Lake Oswego.OR 97035 Telephone number: 503 3, 4268 - Fax number: 503 252 1006 E Mail: nwn�izl4vahoo.com Signature• Date: _ ID it 109 c7L4t___ Name apprpvl Washington County Surveys Office 155 North First Av nai,Suite 350.15 Hillsboro, OR 97123 Fax:(503)149-2909 1RI sTRICmoist VFYUTAIADIRIWFRPAGPIsi RN4MF i x1I0M7-04Wk V_I- - -- -111111MIUME111111 OEDORA•NIC INFORMATION SYSTEM I I \ / / AREA NOTIFIED NT—_, ( ` ' I I (500'} r , GAR�EN�PARK PL r >leeeee I lalawwl• man n., Q nl umMIM mueews. t: rtIel eMee � '' 11 """`wee � 1 ■ FOR: Monica Belz � ..,., 0, — manvm T 1N J aN�M > _—T .,. ,_ u >~ masaw murraa mn.,illi.e �S RE: 2S 110AA, 2300 1 ..... ........... Wa man na& !shiest,,, mu,)E1w.. GAARDE ST Property owner information - �l �,�`,'� is valid for 3 months from tmwetu\�L�i.� .... the date printed on this map.4. --'s mnwens c: aninassam I I !! A I-1 ____ N II ,1 0 100 200 300 400 Feet 1t—,t TIGARI A Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW all Blvd Cam Tigard,OR 97223 ` (503)639-4171 h ltp.it wom.o i.Gga rd.or.u s 4 Plot date:Sep 19,2006:C:trrlagicWlgGIC03.APR Community Development AFFIDAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE,TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard,OR 97223-8189 IN ADDITION,THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT it COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: I, #14 h'i to It I-L ,being duly sworn,depose and say that on the Z 3 day of cc/fa ELL - , 20 0 6 caused to have mailed to each of the persons on the attached list,a notice of a meeting to discuss a proposed development at (or near) 1166 te G Ap o c Y T(Ail( -7, O' ,a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at NL iar..Ly gto- I e -+ lit,2, <-Y�— , with postage prepaid thereon. v Signa (In the presence of a Notary Public) POSTING: 1, Mow Gas t3).e I Z ,do affirm that I am(represent)the party initiating interest in a proposed land use application for C lVr to affecting the land located at(state the approximate location(s)IF no address(s)and all tax lot(s)cunently registered) I l c 00 !l✓ G OA a' 1-1 G fle 0, ,and did on the Z 3 day of s ep i-Yn1.a.r ,20 06 personally post notice indicating that the site may be proposed for a S.,i3P l\lb to tJ land use application,and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at ((6 0 6 54.1 1A A\O t S-1 . 110 4".), i!z- (state location you posted notice on property) .,,, .,<>,...4...,. -- Si?L-. re (In the presence of a Notary Public) (THIS SECTION FORA STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OFCr'•• ) County of a i i h l(. ) ss. Subscribed and sworn/affirmed before me on the �r? day of (1,-0\1__ I( ,20 O(P . lti3+ OFF4ClAL SEAL /� l -� f DEBRA RUSSELL ?? AIL ,,, awl ����'� � 1`iUTARY pUBLIG-OREGON O i COMMISSION Nc] 382074 O r MY COMMISSION EXNRES JUNE 23,2008( Ns r,_: C •F OREGON �~� My Co t f ssion Expires: e\curpin\masters\neighborhood meetings\affidavit of mailing-posting neighborhood meeting.doc Page 5 • SIGN � N S( CET - Roos kkEe11N(, Foe- ii000 sw GAARDE sz �T. \ O zoo 6 C.. 30p11-, T notha5 i)emucee 2 , LEA►tf De,- k( e -- CITY of I . ' • GEOGRAPHIC INFORMATION SVS'EM U AREA NOTIFIED L- NT (500') GARDEN PARK PL I r-I . mtnemse 0=PM ' i / —1 I I �� FOR: Monica Belz Hinsettase 114T IN- lstsi"arlM ^="°"'n"�'"""� "' " C g� RE: 2S110AA, 2300 1 nva.mw moKa"u sM+rwN lli nenttN' lats"sst!"aialsawsraa �� 1, i, i tgaala4M ' alaat?MINIM*i lamp •• •J GAARDE ST 1 `� �� Property owner information `` v• Omuta ti�`��� d is valid for 3 months from \;;% C•� ;� the date printed on this map. �I �� anrrwr etr1wtM I M11411/1111 //LIN 1--- 414*41 * \\--, kd i 1 I _ , ttttl - N _ 1141111111111191 i-- .1 411, i V- 0 100 200 300 400 Fast e-- 1'= 68 feet ' . 1 Il ARl) • V Information on this map is for general location only and Gshould be verified with Be Development Services Division. • 13125 SW Hall Blvd • ti Tigard,OR 97223 (503)639.4171 l httplfwaw.ci.tgard.or-us Community Development Plot date:Sep 19,2006;CAmagic\MAGIC03.APR CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES No (Pre-Application Meeting Notes are Valid for Six (6) Months) TIGARD PRE-APP.MTG.DATE: .1-,4111 STAFF AT PRE-APP.: _ _ RESIDENTIAL •APPLICANT: it-;kA City'', 1c AGENT: Phone: ( ) Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: // C C IP CC() ) t.`(.et+c-(,c_ TAX MAP(S)/LOT #(5): / I 0 i? 11 C.43C00 J— NECESSARY APPLICATIONS: .. i,?t i%APE (. I'it cd t�-j. 1. �'C1.v 4t /7 -,r.A'( 't.i� ,.4 PROPOSAL DESCRIPTION: C >>!�L •��. i ;f, ,v ,'f1ETi i74.i.—11 ti) • • COMPREHENSIVE PLAN MAP DESIGNATION: :h'I),L i'I 1�t%1S/ 7,,' ZONING MAP DESIGNATION: ' z- (/), ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.510 I MINIMUM LOT.SIZE: 3 .v sq. ft. Average Min. lot width: ft. Max. building height: c)--- ft. Setbacks: Front I') ft. Side ft. Rear /5 ft. Corner / U ft. from street. MAXIMUM SITE COVERAGE: QcC) % Minimum landscaped or natural vegetation area: %. GARAGES: 7-0 ft. ❑ NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. • NOTE: In order to also preliminarily address building code standards, a rm tg with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9 Residential Application/Planning Division Section A. NARRATIVE [Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the deveLopmsnt`.on public facilities and services. The study shall address at a minimum, the transportation system,-inCluding-bikeways, the drainage system, the parks system, the watef-sy'stenv the sewersystem and_the noise impairte of the development.- For each public facility-system and type o Impact, the study shall propose l ovmentrnecessa to meet City standards, and to minimize the impact of the development on the pudic at arge, pu lic facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Ni ACCESS [Refer to Chapters 18.705 and 18.1651 Minimum number of accesses: / Minimum access width: / •) Minimum pavement width: ,'i (p2g -T ,t <<: �.. :°etc j .11 f ❑ WALKWAY REQUIREMENTS [Refer to Code Chapter 18.7051 Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. [NI RESIDENTIAL DENSITY CALCULATION [Refer to Code Chapter 18.7151-SEE EXAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s)from the gross site area: All sensitive lands areas including: J►` ; ; ii- uss ➢ Land within the 100-year floodplain; ; c >4„/(:/-1r . ➢ Slopes exceeding 25%; J • ➢ Drainageways; and >-f � +%A/IBS : 1;' iui ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. .� .U,T.s , >» Public right-of-way dedication: ➢ Single-family allocate 20% of gross acres for public facilities; or ➢ Multi-family allocate 15% of gross acres for public facilities; or ➢ If available, the actual public facility square footage can be used for deduction. EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43,560 sq. ft. of gross site area 43,560 sq.ft. of gross site area 8,712 sq.ft. (20%)for public right-of-way 6,534 sq.ft. (15%)for public right-of-way NET: 34,848 square feet NET: 37,026 square feet 3.050 (minimum lot area) - 3.050(minimum lot area) = 114 Units Per Acre = 12.1 Units Per Acre *The Development Code requires that the net site area exist for the next whole dwelling unit.NO ROUNDING UP IS PERMITTED. *Minimum Project Density Is 80%el the maximum allowed density.TO DETERMINE THIS STANDARD,MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.8. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9 Residential Application/Planning Division Section J SPECIAL SETBACKS (Refer to L_ Section 18.1301 D STREETS: _feet from the centerline of_ D FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. D ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. D MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. [See applicable zoning district for the primary structures'setback requirements.] FLAG LOT BUILDING HEIGHT PROVISIONS [Refer to Code Chapter 18.7301 MAXIMUM HEIGHT OF 1'/z STORIES or 25 feet, whichever is less in most zones; 2%2 stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.0.2 are satisfied. ❑ BUFFERING AND SCREENING (Refer to Code Chapter 18.7451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: L LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.7051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. IX RECYCLING (Refer to Code Chapter 18.1551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Leming is the contact person and can be reached at (503) 625-6177. CITY OF TIGARD Pre-Application Conference Notes l,efv.41,. Page 3 of 9 Residential Application/Planning Division Section j PARKING (Refer to Code Chapters 08.765 a 18305) ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. ➢ Single-family Requires: One (1) ff-street parking space per dwelling unit; and One 1) space per unit less than 500 square feet. ➢ Multiple-family Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. ➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. n BICYCLE RACKS (Refer to Code Section 18365) BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE LANDS (Refer to Code Chapter 18.7751 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.T75.010.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. CLEARWATER SERVICES(OWS) BUFFER STANDARDS (Refer to R a 0 96-44/USA Regulations-Chapter 31 LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residential Apptcalion/Planning Division Section ABLE 3.1 VEGETATED CORRIDOR WIDTH, SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION a ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREAI CORRIDOR PER SIDE2 • Streams with intermittent flow draining: <25% 10 to <50 acres 15 feet 0 >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% 0 10 to <50 acres 30 feet 0 >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' 1Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 2Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the USA Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. -° CWS Service Provider Letter: $S n ,Art- S 0. • 4 (C CI -E„y,iu , .j dtf f PRIOR TO SUBMITTAL of any land use applications, the applicant must obta a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. ❑ SIGNS (Refer to Code Chapter 183801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits” handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. ,TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Section 18.790.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 Residential Application/Planning Division Section THE TREE PLAN SHALL IN JDE the following: ➢ Identification of the location, size, species, and condition of all existing trees greater than 6- inch caliper. ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: • Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; • Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. 0 MITIGATION (Refer to Code Section 18.790.0601) REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to S allow growth to maturity. 0• IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. pl CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. The applicant shall show_ the clear vision� er as on the site plan, and identify any obstructions in these areas. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 Residential Application/Planning Division Section J FUTURE STREET PLAN AND EKTENS■...I OF STREETS [Refer to Code Section 18.b.d.030.F.) A FUTURE STREET PLAN shall: ➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. ➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. I I BLOCKS [Refer to Code Section 18.810.090) The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. CODE CHAPTERS - 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) 18.765(Off-Street Parking/Loading Requirements) - 18.340(Directors Interpretation) 18.630(Washington Square Regional Center) _ 18.775(Sensitive Lands Review) - 18.350(Planned Development) y 18.705(Access/Egress/Circulation) _ 18.780(Signs) _ 18.360(Site Development Review) 18.710(Accessory Residential Units) 18.785(Temporary Use Permits) - 18.370(Variances/Adjustments) L'' 18.715(Density Computations) 18.790(Tree Removal) - 18.380(Zoning Mapfrext Amendments) 18.720(Design Compatibility Standards) y,,.. 18.795(Visual Clearance Areas) ______18.385(Miscellaneous Permits) 18.725(Environmental Performance Standards) 18.798(Wireless Communication Facilities) 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) .118.810(Street&Utility Improvement Standards) 18.410(Lot Line Adjustments) 18.740(Historic Overlay) 18.420(Land Partitions) 18.742(Home Occupation Permits) (Subdivision ✓ 18.745(Landscaping&Screening Standards) 1/18.510(Residential Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) - 18.520(Commercial Zoning Districts) L 18.755(Mixed Solid Waste/Recycling Storage) - 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 Residential Application/Planning Division Section JDITIONAL CONCERNS OR COMMENTb. Di tii l 45('-))•'16-71`/I ? t,..tit .l 11- c ‘ )1111c-I t'cta«e )(-.L. `, y ), '1))_S- C /ck.f.i z`1 et -I., 4, , 1 l' ./ !o li S - c E'C' . u ei-c,cam' i ,1_.��.,� 1).; r cJ/l<.>1y /14 1�4 ' Ay)p,c,(uj -6) l L.'- 4,0: 4,0 PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One 81/2" x 11" map of a proposed protect shall also be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 Residential Application/Planning Division Section The administrative decisi... or public hearing will typically occur avproximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing A 10-day public appeal period follows all I .use decisions. An appeal on this matter would be heard by the Tigard }-r r'r�if=//Zs c-• / �� . A basic flow chart which illustrates the review process is available from t e Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. SUBDIVISION PLAT NAME RESERVATION [County Surveyor's Office: 503-648-88841 PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyors Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: ,Cy-"7��� cud'�C= � CITY OF TIGARD PUNNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4171 FAX: 503-684-1291 EMAIL: (staffs first name)©ci.tigard.or.us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.Ci.tigard.or.uS H:\patty\masters\Pre-App Notes Residential.doc Updated: 15-Dec-04 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 Residential Application/Planning Division Section PRE-APPLICATION CONFERENCE NOTES • rrcnp,ta ➢ ENGINEERING SECTION Q eel«Tlnm,erene■ Community Development Shaping yl(Better Community PUBLIC FACILITIES Tax Maptsl: 2S11OAA Tax Let[sl: 2300 Use Type: MLP The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ® SW Gaarde Street to 38 feet from centerline (3-Lane Arterial) ❑ SW to feet ❑ SW to feet fESE ❑ SW to feet Street improvements: ® Half street improvements will be necessary along SW Gaarde Street, to include: ® 24 feet of pavement from centerline ® concrete curb ® storm sewers and other underground utilities ® 8-foot concrete sidewalk with 5 foot planter strip ® street trees sized and spaced per TDC ® street signs, traffic control devices, streetlights and a two-year streetlight fee. ® Other: CITY OF MAID Pro-Application Conference Notes Panetta 6 Engineering Department section ADDITIONAL DOCUMENTS - Project: CM"`40 Sv4D/12T/� T�6-� LAND USE APPLICa ON Date: % ..V,j6 COMPLETENESS REVIEW [ I COMPLETE INCOMPLETE STANDARD INFORMATION: Deed/Title/Proof Of Ownership 2 Neighborhood Mtg.Affidavits, Minutes, List Of Attendees- Impact Study(18.390) USA Service Provider Letter /VA] Construction Cost Estimate ❑ #Sets Of Application Materials/Plans IN Pre-Application Conference Notes Er Envelopes With Postage(Verify Count) '- PROJECT STATISTICS: ❑ Building Footprint Size ❑ % Of Landscaping On Site ❑ % Of Building Impervious Surface On Site ❑ Lot Square Footage PLANS DIMENSIONED: ❑ Building Footprint Parking Space Dimensions(Include Accessible&Bike Parking)0/3-Truck Loading Space Where Applicable ❑ Building Height Access Approach And Aisle ❑ Visual Clearance Triangle Shown ADDITIONAL PLANS: .❑ Vicinity Map 11440 Architectural Plan ❑ Tree Inventory rr..❑ Existing Conditions Plan Ai Landscape Plan ❑ Site Plan , Lighting Plan TREE PLAN/MITIGATION PLAN: ADDITIONAL REPORTS: (list any special reports) - ❑ ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) ❑ 18.620(Tigard Triangle Design Standards) 0 18.765(Off-Street Parkingtloading Requirements) ❑ 18.340(Directors Interpretation) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.350(Planned Development) 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) ❑ 18.360(Site Development Review) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.370(Vanances/Adjustments) 2- 18.715(Density Computations) • 18.790(Tree Removal) ❑ 18.380(Zoning MaprText Amendments) ❑ 18.720(Design Compatibility Standards) El 18.795(Visual Clearance Areas) ❑ 18.385(Miscellaneous Permits) ❑ 18.725(Environmental Performance Standards) ❑ 18.797(Water Resources(WR)Overlay Distract) ❑ 18.390(Decision Making Proceduresilmpad Study) ❑ 18.730(Exceptions To Development Standards) ❑ 18.798(Wireless Communication Facilities) ❑ 18.410(Lot Line Adjustments) ❑ 18.740(Historic Overlay) • 18.810(Street&Utility Improvement Standards) ❑ 18.420(Land Partitions) ❑ 18.742(Home Occupation Permits) 18.430(Subdivisions) 18.745(Landscaping&Screening Standards) 18.510(Residential Zoning Distracts) ❑ 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Comrremial Zoning Distracts) E 18.755(Moved Solid Waste/Recycling Storage) ❑ 18.530(Industrial Zoning Distracts) ❑ 18.760(Nonconforming Situations) ADDITIONAL ITEMS: I:\curpin\masters\revised\land use application completeness review.dot REVISED: 17-Jan-oi City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 • IN • October 24, 2006 'I CARD Teri Caprio 5570 SW Neff Park Lane Lake Oswego, OR 97035 RE: Completeness Review for Caprio Subdivision, Case File No: SUB2006-00009 Dear Ms. Caprio: The City received your application October 17, 2006 for Subdivision Review (SUB2006- 00009) for a proposed 4-lot subdivision located south of SW Gaarde Street near its intersection with SW 110th Avenue. The proposed subdivision would create four lots, each with an existing dwelling on what is now one lot with two duplexes. For your September 5, 2006 Pre-Application Conference you had proposed a minor land partition, which the planning and engineering notes reflect. Your submittal is insufficient for the proposed subdivision. The following information is required before your application can be deemed complete: 1. Ownership Information: Please provide a Deed, Title, or other proof of ownership to the subject property. 2. Subdivision Chapter (18.430): Your•narrative did not address the relevant standards in this chapter. Please revise your narrative to address the Approval Criteria for Preliminary Plats. 3. Zoning District Development Standards: Your narrative states that these standards are met. However, you do not provide a site plan that demonstrates that the standards are met. Please provide a site plan that shows the parcel size, setbacks, and coverage standards are met. 4. Tree Removal Plan (18.790): You submitted tree survey and inventory information on the Proposed Partition Plat but have not submitted an arborist report prepared by a certified arborist. Please submit an arborist report including the inventory, identification of trees to be removed (street dedication and improvements on Gaarde may require removal), trees retained, and protection measures for remaining trees on site (during any required improvements or landscaping). 5. Off-Street Parking/Loading Requirements (18.765): Although your narrative addresses this chapter, some standards have not been addressed. In particular, parking space and aisle dimensions, which need to be shown on the Site Plan. In addition, a joint access Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 agreement for the common use of the parking area by all four proposed parcels is required. 6. Landscaping & Screening (18.745): Your narrative minimally addresses the landscaping chapter and you have not submitted a Landscape or Site Plan to show the required street trees or visual screening for the parking lot. Please revise your narrative and provide a site/landscape plan consistent with the standards in 18.745. 7. Visual Clearance Area (18.795): Your narrative addresses the standards in this chapter, however, the visual clearance area must be shown on the site plan and preliminary plat. 8. Street and Utility Improvement Standards (18.810): Your narrative did not address the relevant standards in this chapter. Please revise your narrative accordingly. 9. Public Facility Plan Checklist: Please review the checklist for completeness and revise your narrative and plans accordingly. On receipt of this information, staff will again review your revised submittals for completeness. If you have any questions regarding this letter or your application, please don't hesitate to contact me at 639-4171, extension 2434. Sincerely, Gary Pagenstecher Associate Planner Enclosure: Public Facilities Checklist, dated 10/24/06 C: SUB 2006-00009 Land Use File is\curpin\gary\subdivision\sub2006-00009(caprio)\sub2006-00009 incomplete.doc PUBLIC FACILITY PLAN Project: . drio Subdivision COMPLETENESS CHECKLIST Date: 10/24/06 GRADING ❑ Existing and proposed contours shown. NA ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES Z Right-of-way clearly shown. ® Centerline of street(s) clearly shown. ® Street name(s) shown. Z Existing/proposed curb or edge of pavement shown. ❑ Street profiles shown. ❑ Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. fj Traffic Impact and/or Access Report 18.705.030.H.1 Provide preliminary sight distance certification for access ❑ Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? Show ROW dedication to provide 36 feet from centerline on Gaarde ❑ Private Streets? Less than 6 lots and width appropriate? ❑ Other: 18.810 Must address Chapter 18.810 in the narrative. How will this development meet the street standards- the applicant must request they be allowed to enter into an agreement for future street improvements or they must construct them now SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. Show how the site is currently served with sanitary sewer. Show how the individual parcels will be served. ❑ Stubs to adjacent parcels required/shown? WATER ISSUES ❑ Existing/proposed lines w/ sizes noted? Show the existing public water line ❑ Existing/proposed fire hydrants shown? Show nearest hydrant. Does the Fire Department require another hydrant? Get a written response from the Fire Department ❑ Proposed meter location and size shown? Show proposed meters and the typical size ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES I Existing/proposed lines shown? Show the existing public storm line and existing on-site storm system. Preliminary sizing calcs for water quality/detention Provide calculations for water quality or REVISED: 10/24/06 provided? request a fee-.. _,eu be allowed ❑ Water quality/detention facility shown on plans? ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? _ The submittal is hereby deemed ❑ COMPLETE ® INCOMPLETE By: " I Date: 10/24/06 REVISED: 10/24/06 February 13, 2007 City of Tigard Planning Department Gary Pagenstecher Teri Caprio 5570 SW Neff Park Ln Lake Oswego, OR 97035 503.332.4268 To Whom It May Concern: I am writing to request an 80%refund for the Sub-Division Application Fee submitted in October of 2006. The name of the project was, "Caprio Subdivision"and the address is as follows: 11000 SW Gaarde St Tigard, OR 97224 If you have any questions please contact me at 503.332.4268. Thank you for your time. Sincerely, 7 Teri Caprio