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Cook Park Greenway - Hickox Property CITY OF TUALATIN PO BOX 369 TUALATIN, OREGON 97062-0369 (503) 692-2000 TDD 692-0574 June 17, 1998 PROPERTY LINE ADJUSTMENT APPLICATION: FINDINGS AND RECOMMENDED DECISION ** APPROVAL ** Job Number: PLA-98-01 Location: 8605 SW Chinook Street 2S1 14D, Tax lot 300 & Parcel 2 from PAR-97-07 Applicant: Duane Roberts BACKGROUND On January 5, 1998, the Engineering Division received a development application to adjust the property lines on the above tax lots as indicated on Attachment 1. The development application meets the requirements for property line adjustments pursuant to the City's property line adjustment standards and regulations in the Tualatin Development Code (TDC), Section 36.300. It is the City Engineer's recommended decision to grant approval of the application. The proposed property line adjustment will involve 2 existing lots which make up approximately 16.9 acres. Tax lot 300 is currently a single family residence and Parcel 2 is to be open space. LOCATED AT: 18880 SW Martinazzi Avenue PLA-98-01: Duane Roberts June 17, 1998 Page 2 FINDINGS 1. The development application was submitted on January 5, 1998. The subject property consists of Tax Lots 300 & Parcel 2 from PAR-97-07 (Map 2S1 14D). The site location lies north of and adjacent to SW Chinook Street. The property owners are Nancy Hickox Hildick, John Hickox, Patricia & Charles Ballenti, Austin & Johnna Hickox, &the City of Tigard. 2. TDC 31.060 defines "property line adjustment" to mean, "the relocation of a common property line between two abutting properties, as set forth in ORS 92.010". The proposed sketch map indicates that common lot lines will be adjusted between abutting properties. Therefore, the requirement for a property line adjustment is met. 3. The subject property is located within the Low Density Residential (RL) Planning District, which is described in Chapter 40 of the TDC. 4. This decision is based on lot size and lot dimension information provided to Staff by the applicant. 5. Lot Size. 40.050(1) states that the minimum lot size shall be 6,500 square feet (sf). The applicant's plan indicates that Tax Lot 300 will decrease in size to approximately 638,318 sf, and Parcel 2 will increase in size to approximately 99,488 sf. These lot sizes will meet the standard. 6. Lot Width. 40.050(2) states that the average lot width shall be 60 feet. This application will not affect the lot widths that have been approved through prior land use applications. This requirement is met. 7. Lot Frontage. 40.050(4) states that the minimum lot width at the street shall be 50 feet. Tax Lot 300 will have approximately 320 feet of frontage on SW Chinook Street. TDC 40.110 states that lots and tracts created to preserve wetlands, greenways, Natural Areas may not be required to abut a public street. Parcel 2 is a natural areas to be preserved by the City of Tigard through the Metro Green Spaces Fund. Therefore, this requirement does not apply. VON PLA-98-01: Duane Roberts June 17, 1998 Page 3 RECOMMENDED DECISION Based on the development application and the above findings, the requested property line adjustment is granted approval. FINAL APPROVAL Within 12-months from the date of the recommended decision (June 17, 1999) the applicant shall submit to the City Engineer a survey map prepared in accordance with the property line adjustment as approved. If the survey map fully complies with the approved property line adjustment, the City Engineer shall issue a final approval prior to the survey map being recorded by the County Surveyor. APPEAL This recommended decision shall be appealable for ten (10) City business days. A written request for review of the recommended decision must be received by the Engineering Division by 5:00 p.m. on July 1, 1998. The sketch map and appeal forms are available at the Tualatin Library and at the City offices located at 18880 S.W. Martinazzi Avenue. Appeals of recommended decisions on property line adjustment applications are reviewed by the City Council. An appeal of the recommended decision on the property line adjustment application must include a $100 fee. Sincerely, k _4‘1a4,t6. Kaaren Hofmann, ": . Engineering Associate cc: Applicant Subject Property Owners City Engineer Building Official Account Clerk(C. Anderson) Planning Director File: PLA-98-01 Address File(s): 8605 SW Chinook Street Chicago Title Ins ce. j• © ® Company of regon POLICY OF TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY OF OREGON SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY OF OREGON, an Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. Issued by: CHICAGO TITLE INSURANCE COMPANY OF OREGON CHICAGO TITLE INSURANCE By: COMPANY OF OREGON 10001 S.E. SUNNYSIDE ROAD /_ CLACKAMAS, OREGON 9701573 "S/ (503) 653-7300 President MA By: daet4,41 Authorized Signature gke/KA4004, ALTA OWNER'S POLICY(10-17-92) Secretary Reorder Form No.9452 CONDITIONS AND STIPULATIONS-(Continued from Reverse Side of Policy Face) 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Con- amount of insurance at Date of Policy bears to the total value of the ditions and Stipulations have been provided the Company, a proof of loss insured estate or interest at Date of Policy; or or damage signed and sworn to by the insured claimant shall be furnished (ii)where a subsequent improvement has been made, as to any partial to the Company within 90 days after the insured claimant shall ascertain loss, the Company shall only pay the loss pro rata in the proportion that the facts giving rise to the loss or damage. The proof of loss or damage 120 percent of the Amount of Insurance stated in Schedule A bears to the shall describe the defect in, or lien or encumbrance on the title, or other sum of the Amount of Insurance stated in Schedule A and the amount ex- matter insured against by this policy which constitutes the basis of loss or pended for the improvement. damage and shall state,to the extent possible,the basis of calculating the The provisions of this paragraph shall not apply to costs,attorneys'fees amount of the loss or damage. If the Company is prejudiced by the failure and expenses for which the Company is liable under this policy, and shall of the insured claimant to provide the required proof of loss or damage,the only apply to that portion of any loss which exceeds, in the aggregate, 10 Company's obligations to the insured under the policy shall terminate, in- percent of the Amount of Insurance stated in Schedule A. cluding any liability or obligation to defend,prosecute,or continue any litiga- (c)The Company will pay only those costs,attorneys'fees and expenses tion, with regard to the matter or matters requiring such proof of loss or incurred in accordance with Section 4 of these Conditions and Stipulations. damage. 8. APPORTIONMENT In addition, the insured claimant may reasonably be required to submit to If the land described in Schedule A consists of two or more parcels which examination under oath by any authorized representative of the Company are not used as a single site,and a loss is established affecting one or more and shall produce for examination,inspection and copying,at such reasonable of the parcels but not all,the loss shall be computed and settled on a pro times and places as may be designated by any authorized representative rata basis as if the amount of insurance under this policy was divided pro of the Company,all records, books, ledgers, checks,correspondence and rata as to the value on Date of Policy of each separate parcel to the whole, memoranda, whether bearing a date before or after Date of Policy, which exclusive of any improvements made subsequent to Date of Policy, unless reasonably pertain to the loss or damage.Further,if requested by any autho- a liability or value has otherwise been agreed upon as to each parcel by rized representative of the Company, the insured claimant shall grant its the Company and the insured at the time of the issuance of this policy and permission, in writing, for any authorized representative of the Company shown by an express statement or by an endorsement attached to this policy. to examine, inspect and copy all records, books, ledgers, checks, cor- respondence and memoranda in the custody or control of a third party,which 9. LIMITATION OF LIABILITY reasonably pertain to the loss or damage.All information designated as con- (a) If the Company establishes the title, or removes the alleged defect, fidential by the insured claimant provided to the Company pursuant to this lien or encumbrance, or cures the lack of a right of access to or from the Section shall not be disclosed to others unless,in the reasonable judgment land, or cures the claim of unmarketability of title, all as insured, in a of the Company, it is necessary in the administration of the claim. Failure reasonably diligent manner by any method,including litigation and the com- of the insured claimant to submit for examination under oath,produce other pletion of any appeals therefrom,it shall have fully performed its obligations reasonably requested information or grant permission to secure reasonably with respect to that matter and shall not be liable for any loss or damage necessary information from third parties as required in this paragraph shall caused thereby. terminate any liability of the Company under this policy as to that claim. (b) In the event of any litigation, including litigation by the Company or 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of compe- OF LIABILITY tent jurisdiction,and disposition of all appeals therefrom,adverse to the title In case of a claim under this policy,the Company shall have the following as insured. additional options: (c)The Company shall not be liable for loss or damage to any insured (a) To Pay or Tender Payment of the Amount of Insurance. for liability voluntarily assumed by the insured in settling any claim or suit To pay or tender payment of the amount of insurance under this policy without the prior written consent of the Company. together with any costs, attorneys' fees and expenses incurred by the in- 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF sured claimant, which were authorized by the Company, up to the time of LIABILITY payment or tender of payment and which the Company is obligated to pay. All payments under this policy,except payments made for costs,attorneys' Upon the insuredexercde nbthe Company of thisoption,ntoall liability and eont re- fees and expenses, shall reduce the amount of the insurance pro tanto. tions to the under this policy, other than to make the payment re- quired,shall terminate, including any liability or obligation to defend, pros- 11. LIABILITY NONCUMULATIVE ecute,or continue any litigation,and the policy shall be surrendered to the It is expressly understood that the amount of insurance under this policy Company for cancellation. shall be reduced by any amount the Company may pay under any policy (b)To Pay or Otherwise Settle With Parties Other than the Insured insuring a mortgage to which exception is taken in Schedule B or to which or With the Insured Claimant. the insured has agreed, assumed, or taken subject, or which is hereafter (i)to pay or otherwise settle with other parties for or in the name of an executed by an insured and which is a charge or lien on the estate or in- insured claimant any claim insured against under this policy,together with terest described or referred to in Schedule A,and the amount so paid shall any costs, attorneys' fees and expenses incurred by the insured claimant be deemed a payment under this policy to the insured owner. which were authorized by the Company up to the time of payment and which 12. PAYMENT OF LOSS the Company is obligated to pay; or (a)No payment shall be made without producing this policy for endorse- (ii)to pay or otherwise settle with the insured claimant the loss or damage ment of the payment unless the policy has been lost or destroyed,in which provided for under this policy,together with any costs,attorneys'fees and case proof of loss or destruction shall be furnished to the satisfaction of expenses incurred by the insured claimant which were authorized by the the Company. Company up to the time of payment and which the Company is obligated (b)When liability and the extent of loss or damage has been definitely to pay. fixed in accordance with these Conditions and Stipulations,the loss or damage Upon the exercise by the Company of either of the options provided for shall be payable within 30 days thereafter. in paragraphs(b)(i)or(ii), the Company's obligations to the insured under 13. SUBROGATION UPON PAYMENT OR SETTLEMENT this policy for the claimed loss or damage,other than the payments required to be made, shall terminate, including any liability or obligation to defend, (a) The Company's Right of Subrogation. prosecute or continue any litigation. Whenever the Company shall have settled and paid a claim under this 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE policy,all right of subrogation shall vest in the Company unaffected by any This policy is a contract of indemnity against actual monetary loss or act of the insured claimant. damage sustained or incurred by the insured claimant who has suffered The Company shall be subrogated to and be entitled to all rights and loss or damage by reason of matters insured against by this policy and only remedies which the insured claimant would have had against any person to the extent herein described. or property in respect to the claim had this policy not been issued. If re- (a)The liability of the Company under this policy shall not exceed the least quested by the Company, the insured claimant shall transfer to the Com- of: pany all rights and remedies against any person or property necessary in (i) the Amount of Insurance stated in Schedule A; or, order to perfect this right of subrogation.The insured claimant shall permit (ii)the difference between the value of the insured estate or interest the Company to sue,compromise or settle in the name of the insured claim- as insured and the value of the insured estate or interest subject to the defect, ant and to use the name of the insured claimant in any transaction or litiga- lien or encumbrance insured against by this policy. tion involving these rights or remedies. (b)In the event the Amount of Insurance stated in Schedule A at the Date If a payment on account of a claim does not fully cover the loss of the of Policy is less than 80 percent of the value of the insured estate or interest insured claimant, the Company shall be subrogated to these rights and or the full consideration paid for the land,whichever is less,or if subsequent remedies in the proportion which the Company's payment bears to the whole to the Date of Policy an improvement is erected on the land which increases amount of the loss. the value of the insured estate or interest by at least 20 percent over the If loss should result from any act of the insured claimant,as stated above, Amount of Insurance stated in Schedule A, then this Policy is subject to that act shall not void this policy, but the Company, in that event, shall be the following: required to pay only that part of any losses insured against by this policy (i)where no subsequent improvement has been made,as to any partial which shall exceed the amount if any, lost to the Company by reason of loss,the Company shall only pay the loss pro rata in the proportion that the the impairment by the insured claimant of the Company's right of subrogation. SCHEDULE A Date of Policy: January 12, 1998 at 9:06 a.m. Policy No. : 177789 Amount of Insurance: $6, 000.00 Premium: $200.00 1. Name of Insured: CITY OF TIGARD 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: CITY OF TIGARD 4. The land referred to in this policy is described as follows: (Continued) Policy No. 177789 LEGAL DESCRIPTION A tract of land situated in the Southeast one quarter of Section 14, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, in the County of Washington and State of Oregon, described as follows: All the land described in Document No. 91065110, lying North of the mean high water line of the Tualatin River, more particularly described as follows: BEGINNING at the East one-quarter corner of Section 14, Township 2 South, Range 1 West, Willamette Meridian; thence South O1°27'29" West, along the East line of said Section 14, a distance of 1315.60 feet to the North line of the South one-half of the Southeast one-quarter; thence North 88°39' 13" West, along said North line, a distance of 346 .54 feet to the Northwest corner of land described in Document No. 91065110 of the Washington County Deed Records, and the true point of beginning; thence South 00°40'21" West, along the West line of said Document No. , a distance of 59.22 feet to the mean high water line; thence along the mean high water line the following four courses; thence North 62°56'57" East a distance of 52.74 feet; thence North 68°45'57" East a distance of 23.60 feet; thence North 74°55'28" East, a distance of 34.27 feet; thence North 70°20' 59" East a distance of 42 .94 feet to the North line of the South one-half of the Southeast one-quarter of said Section 14; thence North 88°39' 13" West, along said North line, a distance of 141.84 feet to the true point of beginning. Policy No. 177789 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS 1. a. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. b. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. a. Easements, liens, encumbrances, interests or claims thereof which are not shown by the public records. b. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 4 . a. Unpatented mining claims; b. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; c. Water rights, claims or title to water; whether or not the matters excepted under (a) , (b) , or (c) are shown by the public records. 5. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Policy No. 177789 SCHEDULE B - continued SPECIAL EXCEPTIONS: 6. Taxes for the fiscal year 1997-98; Amount: $1,763.17, plus interest unpaid Levy Code: 023-76 Account No. : R519610 Map No. : 2S114D Tax Lot No. : 00300 7. The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. (There are no assessments of record as of the date of this policy. ) 8. The assessment roll and the tax roll disclose that the premises herein described have been specially assessed as Farm Use Land. If the land becomes disqualified for the special assessment under the statute, an additional tax may be levied; in addition thereto a penalty may be levied if notice of disqualification is not timely given. 9. Financing Statements, if any, on crops growing or to be grown on the premises herein described. This report does not include a search for financing statements filed in the office of the Secretary of State, or in a county other than the county wherein the premises are situated, and no liability is assumed if a financing statement is recorded in the office of the County Recorder covering crops on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system. 10. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of the Tualatin River. 11. Any adverse claims based upon the assertion that the Tualatin River has changed in location. 12. Any adverse claim based on the assertion that any portion of said land has been created by artificial means or has accreted to such portions so created. 13. Rights established pursuant to ORS 274.905, et seq to all or any portion of the herein described premises created by artificial means. (Continued) Policy No: 177789 14. The rights of the public in and to that portion of the premises herein described lying within the limits of public greenway as disclosed by instruments. Recorded: January 12, 1998 Recorder's Fee No. : 98002360 15. An easement created by instrument, including terms and provisions thereof; Dated: January 4, 1916 Recorded: January 4, 1916 Book: 105 Page: 445 In Favor Of: Adjacent property For: Right-of-way Affects: A 15 foot strip, the exact location of which is not disclosed of public record 16 . An easement created by instrument, including terms and provisions thereof; Dated: September 9, 1996 Recorded: September 30, 1996 Recorder's Fee No. : 96087691 In Favor Of: Unified Sewerage Agency of Washington County, Oregon, a political subdivision of the State of Oregon For: Recycled wastewater pipeline 17. Possible rights of reversion upon vacation of the public greenway. End of Policy TITLE ONLY 02/24/98 krb • See OWNER'S INFLATION PROTECTION ENDORSEMENT Attached to Policy No. 177789 Issued by CHICAGO TITLE INSURANCE COMPANY OF OREGON Dated: January 12, 1998 at 9:06 a.m. Premium: No Charge The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the insured owner named in the policy, hereby modifies the policy, as follows: 1. notwithstanding anything contained in the policy to the contrary, the amount of insurance provided by the policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified; 2. 'adjustment date' is defined, for the purpose of this endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the policy to which this endorsement is attached and on each succeeding January 1; 3. an upward adjustment will be made on each of the adjustment dates, as defined above, by increasing the maximum of insurance provided by the policy by 10% (ten percent) per year for 5 (five) years; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of the policy, less the amount of any claim paid under the policy which, under the terms of the conditions and stipulations, reduces the amount of insurance in force; 4. in the settlement of any claim against the Company under the policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as the date of receipt by the Company of the first notice of the claim, whichever shall first occur. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. CHICAGO TITLE INSURANCE COMPANY OF OREGON BY: Authorized Signature Endorsement No. 78 ' DI;C 17-9? 17 . 18 FROM=Chicago Title ID: 503 294 6304 PAGE 7/7 / , ', i ,. 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