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LLA2016-00006 LLA2O16 - 00006 Layton Lot Line Adjustment NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT LLA2016-00006 )110 LAYTON LOT LINE ADJUSTMENT TIGARD 120 DAYS =July 27, 2016 SECTION I. APPLICATION SUMMARY FILE NAME: LAYTON LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(LLA) LLA2016-00006 PROPOSAL: The applicant is proposing a lot line adjustment affecting two properties: 15630 SW 79`h Avenue, WCTM 2S112CD, Tax Lot 2000 (Parcel 1); and WCTM 2S112CD,Tax Lot 2001 (Parcel 2). As a result of this lot line adjustment,Parcel 1 will be 41,819 square feet in size,and Parcel 2 will be 9,000 square feet in size. APPLICANT: Theta,LLC Attn: Bruce D. Goldson P.O. Box 1345 Lake Oswego,OR 97035 OWNER OF Ronald J. Layton PARCELS 1&2: 7998 SW Kelson Court Tigard,OR 97224 LOCATIONS: PARCEL 1: 15630 SW 79th Avenue;WCTM 2S112CD,Tax Lot 2000 PARCEL 2: WCTM 2S112CD,Tax Lot 2001 ZONING DESIGNATIONS: R-12: Medium-Density Residential District.The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet.A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.410.040. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to a condition of approval. The findings and conclusions on which the decision is based are noted in Section IV. LLA2016-00006 Layton Lot Line Adjustment 1 CONDITION OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED 1. The applicant shall record the lot line adjustment with Washington County, and submit a copy of the recorded survey map to the city within 15 days of recording to be incorporated into the record. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the east side of SW 79'h Avenue, north of SW Durham Road, and south of SW Bonita Road. Parcel 1 has approximately 134 feet of direct frontage along SW 79'h Avenue, and is occupied by a detached, single-family dwelling with attached garage, paved driveway, and associated landscaping. Parcel 2 is a flag lot that connects to SW 79'h Avenue via a 115-foot-long accessway. Both parcels are zoned Medium-Density Residential (R-12),as are adjacent properties to the north,south,and west;adjacent properties to the east are zoned Low-Density Residential (R-4.5). Proposal Description: The applicant is proposing a lot line adjustment affecting two properties: 15630 SW 79th Avenue, WCTM 2S112CD,Tax Lot 2000 (Parcel 1); and WCTM 2S112CD,Tax Lot 2001 (Parcel 2). As a result of this lot line adjustment, Parcel 1 will be 41,819 square feet in size, and Parcel 2 will be 9,000 square feet in size. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL CRITERIA: Tigard Development Code (TDC) Section 18.410.040 contains the following criteria for approval of a Lot Line Adjustment request: Section 18.410.040 A. Approval Criteria states that the Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: 1. An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No additional parcels will be created as a result of this lot line adjustment. Parcel 1 will be 41,819 square feet in size, and Parcel 2 will be 9,000 square feet in size. Accordingly, both lots exceed the minimum lot size for the R-12 zone of 3,050 square feet per unit. This criterion is met. 2. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; Staff reviewed the applicant's narrative and submitted site plan to determine that this lot line adjustment will not result in any violations of the site development or zoning district regulations for the R-12 zone.This criterion is met. 3. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; LL.-12016-00006 Layton Lot Line_1djustment 2 There is no average minimum lot width requirement for the R-12 zone. This criterion does not apply. b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; Both lots exceed the minimum lot size for the R-12 zone (3,050 square feet per unit) because Parcel 1 will be 41,819 square feet in size,and Parcel 2 will be 9,000 square feet in size. In addition,the applicant is not proposing to create any flag lots with this lot line adjustment.This criterion is met. c. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and As a result of this lot line adjustment, Parcel 1 will have approximately 92 feet of direct frontage along SW 79th Avenue, and Parcel 2 will have approximately 72 feet of direct frontage along SW 79th Avenue. This criterion is met. d. Setbacks shall be as required by the applicable zoning district. Setbacks are usually addressed at the time of building permit application. However, the size and configuration of the lots resulting from this lot line adjustment do not preclude a development meeting the setbacks of the zone. This criterion is met. 4. With regard to flag lots: a. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. b. A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The applicant is not proposing to create any flag lots as a result of this lot line adjustment. Therefore, these criteria do not apply. 5. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The applicant is not proposing to create a new accessway with this lot line adjustment. In addition, fire hydrants are already in place.This criterion is met. 6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The applicant is not proposing to create a common drive to serve more than one lot with this lot line adjustment.This criterion does not apply. 7. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. As a result of this lot line adjustment, Parcel 1 will have approximately 92 feet of direct frontage along SW 79th Avenue, and Parcel 2 will have approximately 72 feet of direct frontage along SW 79th Avenue. This criterion is met. LLA2016-00006 Layton Lot Line Adjustment 3 FINDING: Based on the analysis above, staff finds the approval criteria for Lot Line Adjustments are either met, satisfied through conditions of approval, or do not apply. The proposal is in compliance with the requirements of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MARCH 30, 2016 AND BECOMES EFFECTIVE ON MARCH 31, 2016 Questions: If you have any questions, please contact Lina Smith, Assistant Planner at (503) 718-2438 or LinaCS( tigard-or.gov.You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. • .--.ti: 1� �� March 30.2016 APPROVED BY: Lina Smith Assistant Planner LLA2016-00006 Layton Lot Line Adjustment 4 APPLICANT MATERIALS RECEIVED 1 City of Tigard PLANNINMAR 2 8 2016 �q COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD G/ENGINEERING TIGARD Lot Line Adjustment Type I Application APPLIC T`/AG NT Name: IRED � ►7ltOCis Q 4 74a, [-GC REQUELEMENTS SUBMITTAL Address: ?•0 O 134-5 ar Owner's Signature/Written City/state: L.-At es US114r Zip: 9-1,a 3 S Authorization Primary contact: \ S'Q/•( L� Title Transfer Instrument or Deed Phone:9 3 4 a 1-8827-Email: it ii (Jeive Q)m cAff her 51"Existing Site Plot Plan(2 copies) .'•Site/Plot Plan(2 copies) Site/Plot Plan(reduced 8'/2 x 11") PARCEL 1 X.Applicant's Statement(2 copies) Property address/location: 45�D J Q �V L q Ire (Address Criteria in TDC 18.410.040) I1 Filing Fee Tax map and tax lot #: 2'J 1 2GD l-3O 0 * i u t ,I U I t PROPERTY OWNER/DEED HO,LDER(S) (Attach list if more than one) Name: potifct Q (`i`{/�y�I/i,-„ Case No.: LLI� p�U<<P -- 006040 Address: 7(37 -ffcj\JV '' JSQC) C.� Related Case No.(s): City/state: U C7119- Zip: 972%7 y Fee: -71 �•c,:) Phone: .. 0C- • p,mail: a / a t3 ""p Application accepted: By: tt " Date: 3- -l j_ PARCEL 2 Application determined complete: Property address/location: 15,D3O S "n►1- A re- By: Date: So /(e I:\CURPLN\Masters\Land Use Applications Rev.07/24/2014 Tax map and tax lot #: 5 I 12.04) "2--Qo I • • When the owner and the applicant are PROPERTY OWNER/DEED HOLDERS) (Attach list if more than one) different people,the applicant must be Cf)771` the purchaser of record or a lessee in Name: \ ) © possession with written authorization Address: �� 11 �� �� �� from the owner or an agent of the owner. The owner(s)must sign this application City/state: Zip: in the space provided on the back of this Phone: Email: form or submit a written authorization with this application. The owners of record of the subject property request a Lot Line Adjustment to adjust: Existing: Parcel 1 15421 5Q and parcel 2 3S 3 c 5q --►'^into (Acreage or square footage) (Acreage or square footage) Proposed: Parcel 1 41 81 Q S9 ' and parcel 2 -I OO op-gr, (Acreage or square footage) (Acreage or square footage) City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. WNA ES of eac • 1- •r f the subject property required. c- KILCs2 cg--0`Zo3\ 5//0 App cants signature Print name Date Applicant's signature Print name Date . ;ii /�'fes (-1/51174.) -3/2—V‘��r ©. ner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date LOT LINE ADJUSTMENT—TYPE I APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 Washington County,Oregon 2015-090722 D-DW Stn=24 C WHITE 10/29/2015 08:40:43 AM $15.00$11.00$5.00$500.00$20.00 $551.00 RECORDING REQUESTED BY: I,Richard Hobernicht,Director of Assessment and Taxation and Ex- Officio County Clerk For Washington County,Oregon,do hereby certify that the within instrument of writing was received and Chicago Title Company of Oregon • recorded in the book of records of said county. 5300 SW Meadows Road, Suite 100 Richard Hobemicht,Director of Lake Oswego, OR 97035 Assessment and Taxation,Ex-Officio GRANTOR: John D. Mallinson and Nancy E. Neihart-Mallinson,who took title as Nancy E. Neihart, not as tenants in common, but with the right of survivorship ,,l 3188 Childs Road Lake Oswego, OR 97034 GRANTEE: Ronald J. Layton 60 7998 SW Kelson Court Tigard, OR 97224 SEND TAX STATEMENTS TO: Ronald J. Layton 15630 SW 79th Avenue LP Tigard, OR 97224 AFTER RECORDING RETURN TO: VI Ronald J. Layton c-J 15630 SW 79th Avenue Tigard, OR 97224 Escrow No: 472515526480SB-CT42 W 15630 SW 79th Avenue Tigard, OR 97224 0 SPACE ABOVE THIS LINE FOR REC')RDER'S USE CDU WARRANTY DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) John D. Mallinson and Nancy E. Neihart-Mallinson, who took title as Nancy E. Neihart, not as tenants in common, but with the right of survivorship Grantor, conveys and warrants to Ronald J. Layton Grantee, the following described real property free of encumbrances except as specifically set forth herein: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. The true consideration for this conveyance is $500,000.00. ENCUMBRANCES: The rights of the public in and to that portion of the premises herein described herein lyning within the limits of the roads, streets and highways. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT!N VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. DEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS 472515526480SB-CT42 Deed(Warranty—Statutory(Individual or Corporation)) PAGE 2-STATUTORY WARRANTY DEED AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, Ot/ OREGON LAWS 2010. Dated 02 7 �kdig.PJt.--74/4". , I) A& tA t :' D. Mallinson //....f_ A(A44L4 Nancy E. N-ii -Mallinson STATE OF OREGONn, County of Cis CLCk,, > .kc On this ..ay of OCTOBER, 2015 this instrument was acknowledged before me by John D. Malls .. .• • Z - art-Mallinson. AT i1jij1 • �bic :r.'-..�� AfiImo_ My Commission Expires: 5/ 2 /b fes_ eVirtirughq (SEAL) elf,iiINA§, .9 MY COMM i . _ y�' �f'+k� OFFICIAL SEAL SHARRON K BURGUM "th F NOTARY PUBLIC-OREGON COMMISSION NO.465585 MY COMMISSION EXPIRES FEBRUARY 05,2016 472515526480SB-CT42 Deed(Warranty-Statutory(Individual or Corporation)) EXHIBIT "A" Parcel I: The West 115 feet of the North 134.1 feet of Lot 14, DURHAM ACRES, in the City of Tigard, County of Washington and State of Oregon. Parcel II: A part of Lot 14, DURHAM ACRES, in the City of Tigard, County of Washington and State of Oregon, described as follows: Commencing at a 5/8 inch iron rod at the intersection of the North line of said Lot 14 with the East right of way line of S.W. 79th Avenue (C.R. 933), a 40 foot right-of-way; thence North 89°56'00" East along said Lot 14 North line 115.00 feet to a 5/8 inch iron rod, said point being the true point of beginning; thence continuing North 89°56'00" East along said Lot 14 North line 194.54 feet to the Northeast corner of said Lot 14; thence South 00°17'58" West along the East line of said Lot 14 a distance of 164.10 feet to a 5/8 inch iron rod at the Northeast corner of that certain tract of land described in Fee No 84003875, Washington County Deed Records; thence South 89°56'00' West along the North line of said Fee No. 84003875 a distance of 309.84 feet to a 5/8 inch iron rod at the Northwest corner thereof, being a point on the East right of way line of said S.W. 79th Avenue; thence North 00°24'13" East along said SW. 79th Avenue East right of way line, 30.00 feet to a 5/8 inch iron rod; thence North 89°56'00" East, parallel with the North line of said Lot 14, a distance of 115.00 feet to a 5/8 inch iron rod; thence North 00°24'13" East, parallel with the East right of way line of said S.W. 79th Avenue, a distance of 134.10 feet to the true point of beginning. -- __ -- 164.10' SCALE: 1"=40' TL 2001 EXISTING AREA=35,398 S.F. N REFERENCE: Record Survey No. 24532 ZONE: R5 e-lv2 EXISTIN_G_ 134.10 PROPERTY LINE 3,050 Minimum S.F. EXISTING HOUSE b of TL 2000 Lei r EXISTING AREA = 15,421 S.F. DRIVE 134.10' 30.00' SW 79TH AVENUE a 2016-181 EXISTING CONDITIONS 15630 SW 79th Avenue 9 ENGINEERING - SURVEYING - PLANNING Tigard, Oregon PO Box 1345 503/481-8822 Lake Oswego,Oregon 97035 email: thetaeng@comcast.net 8 164.10' SCALE: 1"=40' TL 2000 EXISTING AREA = 15,421 S.F. PROPOSED AREA = 41,819 S.F. CITY OF TIGARD Approved h Planning Date: 3:30440 Initials: LS LOT LINE ADJUSTMENT REFERENCE: F-, STEP 1 Record Survey No. 24532 ZONE: R't e-I,2 7200 EXISTING PROPERTY LINE 3,050 Minimum S.F. TL 2001 EXISTING AREA = 35,398 S.F. / tat PROPOSED AREA = 9,000 S.F. EXISTING m'-'-' i HOUSE b oO N-- J Z 1 O - N DRIVE , a92.10' 72.00' v CO SW 79TH AVENUE I 2016-181 LOT LINE ADJUSTMENT :Q d P. — L----11E-ALc - t a.. 11 c 15630 SW 79th Avenue CO ENGINEERING - SURVEYING - PLANNING Tigard, Oregon P. PO Box 1345 503/481-8822 N Lake Oswego,Oregon 97035 email: thetaeng@comcast.net 5 4 0 Customer Service Department WFG National Title Insurance Company12909 SW nath Pkwy#C350 a\'illi.inn Financial Group company WFG National Title Portland,OR 97223 w E Phone:503.603.1700 Fax:888.833.6840 N E-mail:cs@wfgnationaltitle.com S Parcel # : R0512396/ 2S112CD 02000 - LAIILIiN • 12c00 • , 120A128 59_ ---4 _ 49 a ]T A" N89-56-OOE _�. , d 329 54 9.00 1 , '\3454 7 :- ss ao 8'00 3�•Ob rt .� 640 320016300 15 a w * w u,. 14 o o • _000 a * 13 a� o 35 AC � � I� o o s9,. ZI^ 81 Ac 2963600 18 .'p W -02 1 -23 o w CT Q 115.00 -4,--- - 4 ` _ — m4 N ... 42 00 30 89') .?•:-,. •`� 589-56-00V'1 Z y y• � — 309 84 --- — f 1 167001 S 1 X000 TR �, c 1801 0. S `91 4". 'c' 2 `� I eC � tri a�, ° .71 AC o 1 x 7 I L.,42,00, 46 Qp .' ) � ,if',_, t0 00'7Yv 505 ' • -- 309 98 30' 0 �u;JiU o 6300°I -.am-- 10 1701 0o 44 N 43 01 M CD .71 AC go J :y 11 30 00 4., 200.14 --� .\h,\' ,\ '' . . •9,-8. ' Cr N88-40-17W L WAY . . 1 -11 0 7000 $ t v Q ��!O+� r rCO 1 l )00 1 4 2 99 �,j cg3•`7 1 . kJ V;1'� .'� c c 93 81 1 1100' Car I �1 , 2 3 - 74 0{) M 5700 C0 I , `� d `�;. j: I • 8 , 3l :8T:? 10A4ft% I • 0 I 1� c, •' N v0 0ti 45 00 50 00 50 00 5C oo �0 00 50 00 50 00 -56-06 , 1 S88-42-57E This map is a copy of public record and is provided solely for informational purposes. WFG National Title assumes no liability for variations, if any, in dimensions, area or location of the premises or the location of improvements. Lot Line Adjustment Application theta.. 15630 SW 79th Ave. Tigard, Oregon Legal: Parcel 1: 2 1 12 CD Tax Lot 2000 Parcel 2: 2 1 12CD Tax Lot 2001 Zoning: R/5 ic- P Minimum Lot Size: 3050 SF Narrative: The subject properties have one owner and there is an existing house of Parcel 1. These properties were previously adjusted by lot line adjustment as recorded by record survey # 24532, Washington County Survey records. This application is to make revisions to the existing lot configuration as shown on the attached drawing. Both resulting parcels will have more than the required area and street frontage. The existing house will have more than the required setback from the new lot line. 18.410.040 Approval Criteria A. Approval Criteria. 1. An additional parcel is not created 2. The change is sizes will not be violation of the site development or Zoning regulations 3. The resulting parcels exceed the minimum width , area and setbacks from existing houses. Each lot has the required frontage on the public right-of-way. Tax lot 2000 will have 92 feet of frontage and Tax Lot will have 72 feet of frontage, and both lots will exceed the minimum lot size of 3050 square feet. 4. The resulting lot-line adjustment does not result in a flag lot. 5. Both parcels will front the street and no additional fire hydrant is needed 6. There are no common drives proposed. 7. There are no common access drives proposed. ADDITIONAL DOCUMENTS Washington County,Oregon 05/18/2016 02:07:08 PM 2016-037571 RECEIVED $3000$5.00;11.00$20.00•T tal$ 6.00 MAY 31 2016111111111111111111111111111111111111111 AFTER RECORDING RETURN TO: 02161420201600375710060063 Ronald J Layton CITY OF TIGARD I,Richard Hobernlcht,Director of A men.end Texetlon end Ex-Officio County Clerk for Weehln ton7�. ith 7998 SW Kelso Court PLANNING/ENGINEERING nstrumenntopfwrRnpwas ricslvladtaedtre orded�tori Tigard, OR 97034 book of records of said cou Richard Hobernlcht,Director of A TAX STATEMENTS TO: Taxation,Ex-Officio County clerk ant and Ronald J Layton 7998 SW Kelso Court Tigard, OR 97034 ,, -� 5,q le J l./44,n PROPERTY LOT LINE ADJUSTMENT DEED Ronald J Layton, Grantor, conveys to Ronald J Layton, Grantee, the following described real property: The purpose of this deed is to affect the property line adjustment of that certain property defined, as 2 parcels of land, by deed recorded October, 29'h 2015, recorders fee number 2015-090722. The resultant property line adjustment is currently defined as Tracts 1 and 2 as approved under City of Tigard Case No. LLA2016-00006. Tract 1 of said City of Tigard Case No. LLA2016-00006, is described as those portions of Parcels 1 and 2 of said deed 2015-090722, more particularly described as exhibit A-1, attached hereto. Tract 2 of said City of Tigard Case No. LLA2016-00006, is described as those portions of Parcels 1 and 2 of said deed 2015-090722, more particularly described as Exhibit A-2, attached hereto. The true consideration for this conveyance, disclosed in accord with ORS 93.030(2), is other property or value which is either part or the whole consideration given. The information required by ORS 92.190(4) is as follows: 1. The names of the parties to this deed are as set forth above. 2. The deed where Grantor acquired title to the transferred property is recorded on October 29, 2015 as Fee No. 2015-090722 is legally described on-E t bit- atteetted-herete-and incorporated herein by this reference. 3. The deed where Grantee acquired title to the transferred property is recorded is recorded on October 29, 2015 as Fee No. 2015-090722 1 ud-a i hereto-and incorporated herein by this reference. 4. The exchange parcel and the resultant parcel of the Grantee after execution of the Deed is described on the attached Exhibit A. 5. This deed is given to effectuate a lot line adjustment as approved by the City of Tigard under Final Order and Notice of Decision LLA2016-00006 in which approval was granted. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO II,CHAPTER 424,OREGON AWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009 AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. ANDY PARIS & ASSOCIATES, INC. Registered Professional Land Surveyors 16057 S.W.Boones Ferry Road Lake Oswego,Oregon 97035 Ph: (503)-636-3341 Fax: (503)636-0477 PROPERTY DESCRIPTION: A Portion of Tax Lot 2001 —2S 1 12CD DATE:May 6,2016 Property Line Adjustment—City of Tigard Case No.LLA2016-00006 Portion of Tax Lot 2001 to be Conveyed to Tax Lot 2000 FOR USE ON LEGAL INSTRUMENT EXHIBIT K" A A tract of land situated in the Southwest one-quarter of Section 12,Township 2 South,Range 1 West of the Willamette Meridian,City of Tigard,Washington County, Oregon,being a part of Lot 14,"Durham Acres" and part of that certain tract of land conveyed to Ronald J. Layton as recorded in Document No. 2015- 090722,Washington County Deed records,being more particularly described as follows: COMMENCING at the northwest corner of said Layton tract, said northwest corner being at the intersection of the northerly line of Lot 14, DURHAM ACRES with the easterly right of way line of SW 79th Avenue; thence South 00°23'01" West along said easterly right of way line of SW 79th Avenue, a distance of 164.18 feet to the southwest corner of said Layton tract and TRUE POINT OF BEGINNING; thence leaving said right of way line, North 89°56'00"East along the southerly line of said Layton tract,a distance of 125.00 feet to a set 5/8" x 30" iron rod with yellow plastic cap stamped "ANDY PARIS & ASSOC., INC."; thence leaving said southerly line,North 00°23'01"East, a distance of 72.00 feet to a set 5/8" x 30" iron rod with yellow plastic cap stamped "ANDY PARIS & ASSOC., INC.'; thence South 89°56'00" West, a distance of 9.91 feet; thence South 00°24'00" West, a distance of 41.86 feet; thence South 89°53'40"West, a distance of 115.08 feet to the easterly right of way line of said SW 79th Avenue; thence South 00°23'01" West along said right of way line, a distance of 30.06 feet to the TRUE POINT OF BEGINNING. Containing 4,178 square feet. REGISTERED PROFESSIONAL LAND SURVEYOR WIT- OREGON __ 4 JANUARY 18,1987 HAROLD P. SALO ; 2264 • SY I+ct.e.. ( /tI. ANDY PARIS & ASSOCIATES, INC. Registered Professional Land Surveyors 16057 S.W.Boones Ferry Road Lake Oswego,Oregon 97035 Ph: (503)-636-3341 Fax:(503)636-0477 PROPERTY DESCRIPTION: A Portion of Tax Lots 2000&2001 —2S 1 12CD DATE:May 6,2016 Property Line Adjustment—City of Tigard Case No.LLA2016-0006 TRACT 1 FOR USE ON LEGAL INSTRUMENT EXHIBIT"4" A .1 A tract of land situated in the Southwest one-quarter of Section 12,Township 2 South,Range 1 West of the Willamette Meridian,City of Tigard,Washington County, Oregon,being a part of Lot 14,"Durham Acres" and part of that certain tract of land conveyed to Ronald J. Layton as recorded in Document No. 2015- 090722,Washington County Deed records,being more particularly described as follows: BEGINNING at the northwest corner of said Layton tract,being at the intersection of the northerly line of Lot 14,DURHAM ACRES with the easterly right of way line of SW 79th Avenue;thence leaving said right of way line, North 89°56'00" East along the northerly line of said Lot 14, a distance of 309.67 feet to the northeast corner thereof; thence South 00°18'39" West along the east line of said Lot 14, a distance of 164.18 feet to the southeast corner of said Layton tract; thence South 89°56'00"West along the southerly line of said Layton tract, a distance of 184.87 feet to a set 5/8" x 30" iron rod with yellow plastic cap stamped "ANDY PARIS & ASSOC., INC."; thence leaving said southerly line, North 00°23'01" East, a distance of 72.00 feet to a set 5/8" x 30" iron rod with yellow plastic cap stamped "ANDY PARIS & ASSOC., INC."; thence South 89°56'00"West,a distance of 125.00 feet to a set 5/8"x 30"iron rod with yellow plastic cap stamped"ANDY PARIS &ASSOC.,INC."on the easterly right of way line of said SW 79th Avenue; thence North 00°23'01" East along said right of way line, a distance of 92.18 feet to the POINT OF BEGINNING. Containing 41,857 square feet. REGISTERED PROFESSIONAL LAND SURVEYOR .17t / �; • OREGON JANUARY 1S,1987 HAROLD P. SALO 2264 E`iPtl2 ct�: (0 t0A10 ANDY PARIS & ASSOCIATES, INC. Registered Professional Land Surveyors 16057 S.W.Boones Ferry Road Lake Oswego,Oregon 97035 Ph: (503)-636-3341 Fax: (503)636-0477 PROPERTY DESCRIPTION: A Portion of Tax Lot 2000—2S 1 12CD DATE:May 6,2016 Property Line Adjustment—City of Tigard Case No.LLA2016-00006 Portion of Tax Lot 2000 to be Conveyed to TL 2001 FOR USE ON LEGAL INSTRUMENT EXHIBIT "A" A tract of land situated in the Southwest one-quarter of Section 12,Township 2 South,Range 1 West of the Willamette Meridian,City of Tigard,Washington County,Oregon,being a part of Lot 14, "Durham Acres" and part of that certain tract of land conveyed to Ronald J. Layton as recorded in Document No. 2015- 090722,Washington County Deed records,being more particularly described as follows: BEGINNING at the northwest corner of said Layton tract,being at the intersection of the northerly line of Lot 14,DURHAM ACRES with the easterly right of way line of SW 79th Avenue;thence leaving said right of way line,North 89°56'00"East along the northerly line of said Lot 14, a distance of 115.12 feet; thence leaving said northerly line, South 00°24'00"West,a distance of 92.18 feet;thence South 89°56'00"West,a distance of 115.09 feet to a set 5/8" x 30" iron rod with yellow plastic cap stamped "ANDY PARIS & ASSOC., INC." on the easterly right of way line of said SW 79th Avenue; thence North 00°23'01" East along said right of way line,a distance of 92.18 feet to the POINT OF BEGINNING. Containing 10,601 square feet. REGISTERED PROFESSIONAL LAND SURVEYOR ofz'rAitIdgr OREGON JANUARY 15,1987 HAROLD P. SALO 2264 rc1I�Pv<02%.. L/30/%6 ANDY PARIS & ASSOCIATES, INC. Registered Professional Land Surveyors 16057 S.W.Boones Ferry Road Lake Oswego,Oregon 97035 Ph: (503)-636-3341 Fax:(503)636-0477 PROPERTY DESCRIPTION: A Portion of Tax Lots 2000&2001—2S 1 12CD DATE:May 6,2016 Property Line Adjustment—City of Tigard Case No.LLA2016-00006 TRACT 2 FOR USE ON LEGAL INSTRUMENT EXHIBIT' ' A-a A tract of land situated in the Southwest one-quarter of Section 12,Township 2 South,Range 1 West of the Willamette Meridian,City of Tigard,Washington County, Oregon,being a part of Lot 14,"Durham Acres" and part of that certain tract of land conveyed to Ronald J. Layton as recorded in Document No. 2015- 090722,Washington County Deed records,being more particularly described as follows: COMMENCING at the northwest corner of said Layton tract, said northwest corner being at the intersection of the northerly line of Lot 14,DURHAM ACRES with the easterly right of way line of SW 79`h Avenue; thence South 00°23'01" West along said easterly right of way line of SW 79th Avenue, a distance of 164.18 feet to the southwest corner of said Layton tract and TRUE POINT OF BEGINNING; thence leaving said right of way line,North 89°56'00"East along the southerly line of said Layton tract, a distance of 125.00 feet to a set 5/8" x 30" iron rod with yellow plastic cap stamped "ANDY PARIS & ASSOC.,INC.";thence leaving said southerly line,North 00°23'01"East,a distance of 72.00 feet to a set 5/8" x 30" iron rod with yellow plastic cap stamped "ANDY PARIS & ASSOC., INC."; thence South 89°56'00"West, a distance of 125.00 feet to a set 5/8"x 30" iron rod with yellow plastic cap stamped "ANDY PARIS &ASSOC.,INC."on the easterly right of way line of said SW 79th Avenue; thence South 00°23'01" West along said right of way line, a distance of 72.00 feet to the TRUE POINT OF BEGINNING. Containing 9,000 square feet. REGISTERED PROFESSIONAL LAND SURVEYOR , JrAW, _OREGON JANUARY 15,1987 HAROLD P. SALO 2264 E't P%ft °. C./Zeit Ronald J Layton, Owner /1 By. ---Y1-1-/t/t - / 2 __ :• e: Ronald J La . / State of Oregon, County of Clackamas ) ss. This instrument was acknowledged before me on this 17 day of May, 2016 by Ronald J Layton . 536c. it� V---1..-/-2--\„,��` — Notary Signature: Print Name: Scoff JV ,(G nv �� OFFICIAL STAMP C. 'a COTT CHARLES MORCOM Notary Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO.928750 MY COMMISSION EXPIRES MAY 29,2018 My commission expires: pia ,,Thi , p)8 Exhibit"A"