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MMD2009-00024
MMD2009 -00024 JACK PARK EXPANSION • NOTICE OF TYPE I DECISION I, MINOR MODIFICATION (MMD) 2009-00024 fi =y, JACK PARK EXPANSION :" 120 DAYS = 12-05-2009 SECTION I. APPLICATION SUMMARY FILE NAME: Jack Park Expansion CASE NO.: Minor Modification (MMD) MMD2009-00024 PROPOSAL: The proposal is to expand Jack Park by 1.55 acres obtained by a lot line adjustment (LLA2009-00006) that increased Tax Lot 2S104AD-04501 from 1.20 acres to 2.75 acres. The expansion will bring Jack Park to Walnut Street, enhancing pedestrian access. A playground with equipment and a developed trail and bridge across the stream will connect the expansion to existing Jack Park property and increase public usability. APPLICANT: City of Tigard OWNER Gary Wells Steve Martin TVF&R 13125 SW Hall Blvd. 20665 SW Blanton St. Tigard, OR 97223 Aloha, OR 97007 LOCATIONS: 12585 SW Walnut St.,WCTM 2S104AD,Tax Lot 04501 ZONING DESIGNATIONS: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLI CABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390,and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted ' in Section IV. MMD2009-00024 Jack Park Expansion Decision 081009 Page 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the north side of Walnut Street between 124th Avenue and 128th Avenue. Lot 1 is the site of the new TVF&R Fire Station and Lot 2 is northwest of that and adjoins Jack Park. The transfer of land to Lot 2 will extend Jack Park to Walnut Street and enhance pedestrian access. Proposal Description: The applicant is proposing a lot line adjustment that will reduce tax lot 2S104AD-04500 (Lot 1) from 3.27 to 1.71 acres and increase tax lot 2S104AD-04501 (Lot 2) from 1.2 to 2.75 acres. Lot 2 will be made part of Jack Park and provided with public park enhancements such as a playground with equipment and a developed path and bridge from the area near Walnut Street across the stream into the existing Jack Park property. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION TO CONDITIONAL USE: Section 18.330.20.B contains the following criteria for approval of a request for Minor Modification of a Conditional Use: Section 18.020.B.2 states that the Director shall determine that a major modification has resulted if one or more of the changes listed below have been proposed: a. A change in land use; The subject property is an expansion of property known as Jack Park (See LLA2009-00006) which has a conditional use classification of Community Recreation. No change in land use will be proposed as part of this project. b. A ten% increase in dwelling unit density; The proposed project does not affect dwelling unit density. c. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; There will be no change to any access way or parking area that would affect off-site traffic. d. An increase in the floor area proposed for non-residential use by more than 10 %where previously specified; There is no proposal for increase of non-residential floor area. e. A reduction of more than 10 % of the area reserved for common open space and/or usable open space; The project will actually increase the common open space of Jack Park by 1.55 acres. MMD2009-00024 Jack Park Expansion Decision 081009 Page 2 S • f. A reduction of specified setback requirements by more than 20 %; There is no reduction of setback requirements. g. An elimination of project amenities by more than 10 %where previously specified, such as: 1. Recreational facilities; Recreational facilities will be increased with the playground, trail and bridge to the park. 2. Screening; Screening will be enhanced by the planting of street trees along the south side of Walnut Street. 3. Landscaping provisions; Landscaping will be increased at the new playground and at the west side of the TVF&R parking lot. h. A 10 % increase in the approved density; There is no approved density associated with the conditional use of Community Recreation. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a conditional use have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON AUGUST 10, 2009 AND BECOMES EFFECTIVE ON AUGUST 11, 2009. MMD2009-00024 Jack Park Expansion Decision 081009 Page 3 • • Questions: If you have any questions, please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. / Y� V I; 11,41 August 10, 2009 APPROVED BY: Darrell' ap" Watkins DATE Assistant Planner MMD2009-00024 Jack Park Expansion Decision 081009 Page 4 O Em 7 -- 4c I N. 1m _i_. \\ �\ \ Com\ _ _, iii 1:,„,: , � . \ \ \ s Ag, iii! :::. , . s, ,.,.... oA� G. „ , 410 11',Ii :. '- J., ” .., . \ . \\ -1. _ \ ...--TA 7-- 0 kti .0„,.......15.rogli . \ 4 , iti:. i,pg..,..11,IL _, . \_ _. ... ::,: , s % - ,) . ‘ _..2 \ .-c lilyAuk_ :,..„, 1 ,i::.::, i cyoo°� 1• _ _;,........_:74m.v.::. . . . \ /i Aj � 1 \ \ Off. \ I': F.�i : PE -\ m \ , au . .- . . ii .. . . .- . .. :. . . ,,,, • \ .,. . .. . . . . .... . ‘ . ...o® �. -\• .. , .. • .• .. : . __, <, . , ; . A.4-- . • -. ..i: . AN\ ' < • esae ....,•;•:...;•:..::.: .. \ 'S? . . :. i.!;i!:: ...-: p' s 4 ... . ... . . \ Ater 4116 Air illik_ \AL `iow00. 0.0.6. ceewecee�reene,aeeeee _ w map yr lip MP W CITY OF TIGARD Y- \ Approved �/ ! ondlttonally Approved For only the work eeo bed In: Z PEIRMIT NO.g?/yl�1i n ... f See Letter to: Follow i I Attach .... j JobPv E�. .i�� Onto: /1/94.s11... I E 1 :TVF+R STATION 150 OTTEN LANDSCAPE ARCHITECTS.ac, PwnSWr(K)19:7=1 . F.(503)972','Zr )ro9rn9O CONCEPTUAL PLANTING PLAN H 0 1/1 City of Tigard Minor Modification - Type I A licApplication GENERAL INFORMATION In addition, the Director must find that the proposed Property Address/Locations : change is in compliance with all applicable requirements of p ny _ ( ) /'7 s"8r `S J !Ja/w"4 Title 18 of the Tigard Development Code. To complete 1 /6 6(1_49 O2 this review, the Applicant's proposal must include a Tax Map&Tax Lot# (s): 02 S /61,910 0 DO discussion indicating how the site expansion/change will a S /ayAD p NS0I continue to comply with the maximum setback, building Site Size: /,SS Ac height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant*: (3r/7 a,< %/d,2-o storage, non-conforming situations, signs, and tree Address: /j/.Pr Se.) �,a// 8/ad removal may also be applicable depending on the type and City/State: T,/ 0 Zip: 97.723 location of the proposed modifications. Primary Contact: r Sf.¢.r,e_ /y 7,4124-, U Phone: 543 7i8 0417.1 Fax: S2.3 685/ eat/0 9 rtC, 2.6 o,/ Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) 7-1-"4-10'1741.") (), lfe f fILL 9,... ASGu� (Applications will not be accepted without the y following required submittal elements) Address: a0 46 rc5r,,> 13/A44.)..) Phone: 3AJ G y2 vv.> City/State: Al/vhia OA— Zip: 97007 ❑ Application Form ❑ Owner's Signature/Written Authorization When the owner and the applicant are different people, the ❑ Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in ❑ Site Plan(3 Large Plans&One-Reduced to 8'/2"x 11") possession with written authorization from the owner or an ❑ Applicant's Statement/Narrative (3 copies) agent of the owner. The owner(s) must sign this application in the space provided on the bacof this form or submit a Li] Filing Fee $5- r. p9- written authorization with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) - Site Development FOR STAFF USE ONLY Review or Section 18.330.020(B)(2) - Conditional Use. If the Case No.(s): �1..(M����9 _apply modification exceeds the maximum allowed under any one or more of the criteria, a Major Modification review is required. Other Case No.(s): L( Q 2A7 k do o 0.6 Major Modifications are processed in the same manner as a new Site Development Review or Conditional Use Permit. y , ]�/ Receipt No.: Applicant's Statement: Date: ' The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or Application Accepted By 18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete: 516/p914/' to each criterion. Failure to provide the information needed Revised: 14-Nov-08 to process the application would be reason to consider an \curpin\masrets\land use applications\minor modtiapp.docx application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 ill 111. 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 site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. D D. U this c50ss' day of d 0 `7 ,20 0 fa ig . , ..�� n Owner's Signature /c, edor,eS ,a,---ePD//2. Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 2 City of Tigard POST J / E DISTRIBUTIO N REPORT JE000085.DATA.ADMIN Page 1 MON, AUG 03, 2009, 4:05 PM --req: AMYL leg: GL JL--loc: CITYHALL--job: 207691 #J013----prog: GL560 <2.5 .--report id: GLSPPOST Posting Date: 08/03/2009 Rec OF Account Number Description Trns. Desc. Debit Credit 1 1 NY 1006100-54301 Parks and Ground Fees and Charges Appl Fee & Mod 713.50 0.00 2 1 NY 1003100-43116 Community Develo Land Use Applica Appl Fee & Mod 0.00 713.50 3 1 NY 1006100-54301 Parks and Ground Fees and Charges Appl Fee & Mod 106.50 0.00 4 1 NY 1003100-43117 Community Develo Long Range Plann Appl Fee & Mod 0.00 106.50 Primary Entries 820.00 820.00 JE JE00007 TOTAL 820.00 820.00 GRAND TOTAL 820.00 820.00 S S • • RC1 a G/L# JE Date: 07/31/09 Description: Application Fee and Modification to Approved Plan for 12585 SW Walnut Month Ending: July Reviewed By: Entered By: KG Date Entered: 08/03/09 Debit(+) Additional Ln# Account# Credit(-) Amount Information Tm# 1 1006100-54301 + 713.50 Application Fee/Mod Approved Plan 1 2 1003100-43116 - 713.50 Application Fee/Mod Approved Plan 2 3 1006100-54301 + 106.50 Application Fee/Mod Approved Plan 3 4 1003100-43117 - 106.50 Application Fee/Mod Approved Plan 4 + 820.00 - 820.00 = 0.00 SP !Pji II City of Tigard TIGARD Memorandum To: Director From: Steve Martin, Parks and Facilities Manager Re: Minor Modification of a parcel due to Lot Line Adjustment Date: July 28, 2009 The City of Tigard requests a minor modification to a parcel of land, due to a lot line adjustment. The lot line adjustment will transfer approximately 1.55 acres from the ownership of Tualatin Valley Fire and Rescue to the City of Tigard. The property is proposed to be a part of Jack Park, a Tigard municipal park.. This land parcel is currently owned by TVF$R in parcel 2s104ad04500 and will become part of City owned parcel 2s104ad04501. The future plans for this site include no additional parking or buildings. Planned for the site are a play area and a trail into the remainder of the park. The change of this parcel will not invoke any of the criteria discussed in Section 18.360.050B: 1. No dwellings will be built. 2. No dwellings will be built. 3. No additional parking will be needed. 4.There are no commercial or induatrial structures to be built. 5. No buildings will be built. 6. No off site parking will be affected. 7.No increase in vehicular traffic over 100 vehicles per day is expected. 8. There is no floor area increase. 9. Common open space will not decrease. 10.Project amenities will not decrease. do &red �y1 LEGAL DESCRIPTION FOR LOT LINE ADJUSTMENT OF THE WALNUT FIRE STATION PROPERTY A tract of land situated in the Northeast one-quarter of Section 4,Township 2 South,Range 1 West, of the Willamette Meridian,City of Tigard,Washington County,Oregon described as follows: Beginning at the Southeast corner of Parcel 1 as recorded in Book 776 Page 707 of the Washington County Deed Records; Thence S 48° 47'07"W a distance of 367.98 feet; Thence S 01° 49' 10"W a distance of 173.41 feet to the northerly right-of-way of SW Walnut Street 35.00 feet from center line and point on a non-tangent curve to the left; Thence along said curve to the left with a radius of 785.00 feet, a central angle of 19° 48'25" (a chord which bears N 79°22' 54"E,270.02 feet) and a length of 271.37 feet; Thence S 1° 50' 55"W a distance of 5.40 feet to a point which is 30.00 feet from the center line of SW Walnut Street and point on a non-tangent curve to the left; Thence along said curve to the left with a radius of 790.00 feet, a central angle of 00°23'06" (a chord which bears N 69°26'06" E, 5.31 feet) and a length of 5.31 feet to the west line of the plat of Bellwood as recorded in Book 27 Page 10 of the Washington County Subdivision Records line of the plat of Brookway as recorded in Book 28 Page 1 of the Washington County Subdivision Records; Thence N 1°5T 46"E,along said west line,a distance of 369.76 feet to the point of beginning Containing 1.71 Acres more or less. • • Pdini / itj v • LEGAL DESCRIPTION FOR LOT LINE ADJUSTMENT OF THE WALNUT FIRE STATION PROPERTY A tract of land situated in the Northeast one-quarter of Section 4,Township 2 South,Range 1 West, • • of the Willamette Meridian,City of Tigard,Washington County, Oregon described as follows: Beginning at the Southeast corner of Parcel 1 as recorded in Book 776 Page 707 of the Washington County Deed Records; Thence S 48°47'07"W a distance of 367.98 feet; Thence S 01°49' 10"W a distance of 173.41 feet to the northerly right-of-way of SW Walnut Street 35.00 feet from center line and point on a non-tangent curve to the right; Thence along said curve to the right with a radius of 785.00 feet,a central angle of 3° 42' 53" (a chord which bears N 88° 52'29"W,50.89 feet) and a length of 50.90 feet to the point of tangency; Thence N 87° 00'00"W along said northerly right-of-way, a distance of 142.07 feet; thence S 1°51' 15"W a distance of 5.00 feet to a point which is 30.00 feet from the center line of SW Walnut Street; Thence N 87°00'00"W,along said right-of-way,a distance of 4.93 feet to the east line of the plat of Bellwood as recorded in Book 27 Page 10 of the Washington County Subdivision Records; Thence N 1° 51'00"E,along said east line a distance of 436.89 feet to the Northeast corner of Lot 10 Bellwood and the Southwest corner of Parcel 1 as recorded in Book 776 Page 707 of the Washington County Deed Records; Thence S 86° 58'53"E, along the south line of said Parcel 1, a distance of 466.70 feet to the point of beginning. Containing 2.75 Acres more or less. • • • { . _ . . ____.. ....___......,......,-.- . .. .. ' 1967 ' _..- --e: . Pi.' - _... . 7e.l' KNOW ALL MEN BY THESE PRESENTS, T J.-...E-...LGERENZ.,.._Guardian of .t.he 1110' Rerson_and. Property of ALFRED_B ,hereinafter called grantor, for the consideration hereinafter stated,does hereby remise, release and quitclaim unto • The....City. .o.f T.igard , . hereinafter called grantee,and unto grantee's heirs,successors and assigns all of the grantor's right,title and interest in that certain real property with the tenements,hereditaments and appurtenances thereunto belonging or in any- wise appertaining,situated in the County of........W.B.ShiTigt.0.11 ,State of Oregon,described as follows,to-wit: Life estate of Alfred Bell, reserved in his deed to Brayson and Griffin, a co-partnership consisting of James W. Brayson and Q. B. Griffin, recorded July 5, 1968, in Book 704, Page 251, Washington County Records, TOGETHER WITH that certain easement, including the terms and provisions thereof, given by Alfred Bell, a single man, to City of Tigard, a municipal corporation, recorded February 28, 1969, in Book 734, Page 550, Washington County Records. • " . To Have and to Hold the same unto the said grantee and grantee's heirs,successors and ass gns forever. ' The true and actual consideration paid for this transfer,stated in terms of dollars,is$.. ®Howewir the-eetual-eoneideration-oertaists-ed-er-inehmies-other-pre-petty-or-rahre--give'?-or-promieed-iviticit-ie-.- P"'.1 the cemsedeNdien-(4i/dieate-vehieh):0 the whole In construing this deed the singular includes the plura s the 'cumstances may require. Witness grantor's hand this 7 day of ,197 2 STATE QF OREGON, County of Washington j ss. ,19 72 ,..''Peis'onally.appeared the above named J. P. LOHRENZ, Guardian the Pirson and ..,,,'... .......:Property of ALFRED BELL, :)iiirr acknowledged the foregoing instrument to be hiA voluntary act and deed, in his • :z:,i repreSentative capacity. „ •• ,...„, Before me' tit 7/1 i•-•12A-4-`"' . ., • . • (OFFIctAc Sizip, ',..'.,. Notary P lic for Oregon A ..§ My cam isison expires .CIlede:.r:2 5; 1.9.7. Y NOT,,,,s1nlin;belvoien tl.symbols®,if not applicable.should b.deleted.Sae Chaplet 462.Orogen Laws 1967,of amended by II.1167 Special Union. 0, QUITCLAIM DEED J. P. LOHRENZ, Guardian ,. Person and Property of •ALFRED-BELL TO CITY OF TIGARD AFTER RECORDING RETURN TO . STATE OF OREGON .: :. ."..ti-rt.:0itty of Washington MON,USE T SPAM.... FOR RECO ID N SCSI. INCOLIN TI worn. SS • )92"4 I, Roger Thornssen, Director of Records and Elections and Es-Officio Recorder of Con- veyances for scud county, do hereby certify that the within instrurnent of writing was received and recorded in book of records of sold'County . .. Witness'rny.hand and seal'affixed. • ',. ROGER'THOMSSEN, Director of 6.4„ osit .,c44.1 Recoi-dsl., Eiocion. / 0, Al-', A1557 . 4yA.?..-7.,‹-e.4-disPUPY n .. V . BO. 861 PAU 964 APR 15 I 44 1H'71 . •. , • 11111 • (ITy OF TIGARO 1040'7 BARGAIN AND SALE DEED J. W. BRAYSON BUILDER, INC., an Oregon corporation, "Grantor," has bargained and sold, and by these presents does grant, bargain, sell and convey unto CITY OF TIGARD, OREGON, "Grantee," and its successors and assigns, all the following real property, with the tenements, hereditaments and appurtenances, situated in the County of Washington, State of Oregon, bounded and described as follows: PARCEL I: Tract "B," BELLWOOD. PARCEL II: A tract of land in Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the northeast corner of Lot 10, BELLWOOD, a duly recorded plat in Washington County, Oregon; thence south 87° 26' 00" east 309.57 feet along the southerly line of Tract B, said Plat of Bellwood; thence south 44° 32' 13" west 453.05 feet to the north- east corner of Lot 1, said Plat of Bellwood; thence north 1° 26' 40" east 336.88 feet along the easterly lines of Lots 9 and 10, said Plat of Bellwood, to the point of beginning. Said parcels of real property are conveyed to Grantee so long as Parcels I and II are used as a park. Grantor has a possibility of reverter, and the Grantee has a fee-simple determinable. The consideration for this transfer is nil. To have and to hold the above-described and granted premises unto Grantee, its successors and assigns forever. _ Executed pursuant to order of the board of directors this 31st day of March , 1970. J. W./$RAYSO�N BUILD , INC. By 1/ ✓�' / c ---,I-7 �— $resident BycVii` ;k- ;._l? Vice President STATE OF OREGON ) )ss. County of Multnomah ) March 31st , 1970 Personally appeared J. W. BRAYSON and Keith G. Daughters who, being each duly sworn, did say that the former is the BOOK 776 PAGE 707 Page I - BARGAIN AND SALE DEED t 4W�/'Z- ' 0 arAr 4r' ♦4 'ss, Aipor 41, 44i L tAJ J E oma' i / 4 • �I Y, Ar 0 H'w _ �e ns . `' \-"-----‘ I# +.. 4.' 3N ”-f., a y4.{51..1Ji7 J. I 14 ) #A,'1 1\\0. i Lii : __ri ' _„.....1,7-- \'.$,• 1 Pe 4, /1'..-14, i ;(4i_1,,/ 4,1 h, 1 .� ' I i 1.1.111 V1 t Ni• }a p I2 �` 7-73e `+x$35 C9 aa1,1'112e JL ti at. • f.rP ANDERSON & DITTMAN APR 31972 ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S. W. CENTER STREET CITY OF TIGARD P. O. BOX 23006. TIGARD. OREGON 97223 639-112! FRED. A. ANDERSON DERRYCK 1-. DITTMAN MEMORANDUM TO Nick Hiebert , Acting Director of Public Works FROM Fred. A. Anderson SUBJECT Release ,of Bell life estate DATE April 11, 1972 As you requested, I have obtained a court order releasing the life estate of Alfred Bell and I enclose a deed conforming thereto. There ar6 certain personal belongings still on the premises which Mr. Lohrenz is responsible for as guardian of Alfred Bell, and Ihave assured shim that there will be no difficulty in obtaining the removal thereof. The within deed should be forwarded for recording and if you desire that I do so , please let me know. FAA/j Enc. • Cy � - py O T /.. /, / 7eree /etattetaCee e00044e, qp title insurance 12012 S.W. Canyon Road/ Beaverton, Oregon 97005 escrows Phone 646-8181 HEAD OFFICE 425 S.W. FOURTH AVENUE PHONE 222-3651 City of Tigard Order No. 317668 P. 0. Box 23557 June 12, 1970 Tigard, Oregon 97223 Attention: Mr. John Hagman Gentlemen: We are prepared to issue Owner ' s Title Insurance Policy covering: See EXHIBIT "A" attached; showing title on May 27, 1970 at 5:00 P.M. , vested in: CITY OF TIGARD, OREGON, an estate in fee simple; subject to the tsual printed exceptions, and 1. 1969-70 taxes, $43 .31 plus interest unpaid. (2S1 4AD 4501 23-8; AFFECTS PARCEL II) NOTE: 1969-70 taxes paid before plat was filed. (2S1 4AA 4600 23-46; AFFECTS PARCEL I) 2 . Tigard City Liens, if any. 3 . Easement, including the terms and provisions thereof, granted to Portland General Electric Company, dated October 30, 1952, recorded December 31, 1952, in Book 340, page 145, Washington County Records. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO) r/srCclF/EO) 4. Easement disclosed by deed to Brayson and Griffin, a co-partnership consisting of James W. Brayson and Q. B. Griffin, recorded July 5, 1968, in Book 704, page 248, Washington County Records, to-wit: "Together with a non-exclusive easement to right of way and ease- ment for road access and utility purposes over the following described tract of land, to-wit: Beginning at the Southeast corner of the Northeast quarter of the Northeast quarter of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; running thence North along the section line, 206. 7 feet; thence West at right angles to the section line, 50 feet; thence South parallel to said section line, 400 feet; thence East at right angles to the section line, 50 feet; thence North along the section line 193 .3 feet to the place of beginning. " (AFFECTS PARCEL I) (,ar7oacieA`)5. Life estate of Alfred Bell, reserved in his deed to Brayson and Griffin, a co-partnership consisting of James W. Brayson and Q. B. 111 411 City of Tigard---2 Order No. 317668 Griffin, recorded July 5, 1968, in Book 704, page 251, Washington County Records. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO) 6. Mortgage, including the terms and provisions thereof, given by Brayson and Griffin, a co-partnership consisting of James W. Grayson and Q. B. Griffin, to Morgan Pacific Co. , a division of First National Bank of Oregon, dated May 16, 1968, recorded July 3, 1968, in Book 704, page 141, re-recorded July 8, 1968, in Book 704, page 363, Washington County Records, to secure the payment of $180, 000.00 . (AFFECTS PARCEL I AND OTHER PROPERTY ALSO) Cmierw +) 7. Right of Way Easement, including the terms and provisions thereof, granted to City of Tigard, dated September 16, 1968, recorded February 28, 1969, in Book 734, page 562, Washington County Records, for sewer. (AFFECTS PARCEL II) m.Pr+ 7N. Restrictive Covenant regarding underground wiring, executed by J. W. Brayson Builder, Inc. , recorded June 4, 1969, in Book 745, page 523, Washington County Records, reference to which is hereby made. (AFFECTS PARCEL •I) ciJ.rt, t,`y 9. Easements shown on the plat: "All side and rear lot lines to have a five foot utility easement. " (AFFECTS PARCEL I) (Artzd -N ) 10. Easement, including the terms and provisions thereof, given by Alfred Bell, a single man, to City of Tigard, a municipal corpora- tion, recorded February 28, 1969, in Book 734, page 550, Washington County Records. (AFFECTS PARCEL I) (5pc,,F,cc,1 11. Condition contained in deed from J. W. Brayson Builder, Inc. to City of Tigard, Oregon, recorded April 14, 1970, in Book 776, page 707, Washington County Records, which recites : "Said parcels of real property are conveyed to Grantee so long as Parcels I and II are used as a park. Grantor has a possibility of reverter, and the Grantee has a fee-simple determinable. " TITLE INSURANCE COMPANY Washington County Branch Z74- 7--- William H. Dunn WHD/lc 4 Order No. 317668 EXHIBIT "A" PARCEL I: Tract "B" , BELLWOOD, in the City of Tigard, Washington County, Oregon. PARCEL II: A tract of land in Section 4, Township 2 Souty, Range 1 West of the Willamette 'Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the Northeast corner of Lot 10, BELLWOOD, a duly recorded plat in Washington County, Oregon; thence South 87 °26 '00" East 309. 57 feet along the Southerly line of Tract "B" , said plat of BELLWOOD; thence South 44°32 ' 13" West 453.05 feet to the Northeast corner of Lot 1, said plat of Bellwood; thence North 1 °26'40" East 336. 88 feet along the Easterly lines of Lots 9 and 10, said plat of Bellwood, to the,point of beginning. 110, •- SCHEDULE A Amount $ 2 ,500. 00 Date May 27 , 1970 At 5:00 P.M. INSURED ---CITY OF TIGARD, OREGON--- The fee simple title to said land is, at the date hereof, vested in CITY OF TIGARD, OREGON. --- The land referred to in this policy is described as: PARCEL I: Tract "B" , BELLWOOD, in the City of Tigard, Washington County, Oregon . PARCEL II: • A tract of land in Section 4, Township 2 South, Range 1 West of the Willamette Meridian , Washington County, Oregon , being more particularly described as follows: Beginning at the Northeast corner of Lot 10 , BELLWOOD, a duly recorded plat in Washington County, Oregon; thence South 87°26' 00" East 309.57 feet along the Southerly line of Tract "B" , said plat . of BELLWOOD; thence South 44°32' 13" West 453 .05 feet to the Northeast corner of Lot 1, said plat of BELLWOOD; thence North 1°26' 40" East 336.88 feet along the Easterly lines of Lots 9 and 10, said plat of BELLWOOD, to the point of beginning.--- PAGE 2 OF POLICY NO. 317668 1111 411- SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust is expressly insured in Paragraphs numbered 4 and 5 on page 1 of this policy. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; pending pro- ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance or order therefor. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. 1969-70 taxes, $43.31, plus interest, unpaid. (2S1 4AD 4501 23-8) AFFECTS PARCEL II 6. Tigard City Liens, if any. 7 . Easement , including the terms and provisions thereof granted to Portland General Electric Company, dated October 30, 1952 , re- corded December 31, 1952, in Book 340, Page 145 , Washington County Records. (AFFECTS PARCEL I and OTHER PROPERTY ALSO) 8. Easement disclosed by deed to Brayson and Griffin, a co-part- nership consisting of James W. Brayson ad Q. B. Griffin, recorded July 5 , 1968, in Book 704, Page 248, Washington County Records , to-wit: "Together with a non-exclusive easement to right of way and easement for road access and utility purposes over the following described tract of land, to-wit : Beginning at the Southeast corner of the Northeast quarter of the Northeast quarter of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, Washing- ton County, Oregon; running thence North along the Section line, 206.7 feet; thence West at right angles to the section line , 50 feet; thence South parallel to said section line, 400 feet; thence East at right angles to the section line, 50 feet; thence North along the section line 193.3 feet to the place of beginning." (AFFECTS PARCEL I) 9. Life estate of Alfred Bell, reserved in his deed to Brayson and Griffin, a co-partnership consisting of James W. Brayson and Q. B. Griffin, recorded July 5 , 1968, in Book 704, Page 251, Wash- ington County Records. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO) ---CONTINUED--- Page3 of Policy No. 317668 • ---SCHEDULE "B" CONTINUED--- 10. Mortgage , including the terms and provisions thereof , given by Brayson and Griffin , a co-partnership consisting of James W. Brayson and Q. B. Griffin , to Morgan Pacific Co. , a division of First National Bank of Oregon , dated May 16, 1968 , recorded July 3 , 1968 , in Book 704, Page 141, re-recorded July 8 , 1968, in Book 704, Page 363 , Washington County Records , to secure the payment of $180, 000.00. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO) 11. Right of Way Easement, including the terms and provisions thereof , granted to City of Tigard, dated September 16 , 1968 , recorded February 28, 1969 , in Book 734, Page 562 , Washington County Records , for sewer. (AFFECTS PARCEL II) 12 . Restrictive Covenant regarding underground wiring, executed by J. W. Brayson Builder, Inc. , recorded June 4, 1969 , in Book 745 , Page 523 , Washington County Records , reference to which is hereby made. (AFFECTS PARCEL I) _ 13 . Easements shown on the plat : "All side and rear lot lines to have a five foot utility easement . " (AFFECTS PARCEL I) 14. Easement, including the terms and provisions thereof , given by Alfred Bell, z single man , to City of Tigard, a municipal corporation , recorded February 28 , 1969, in Book 734, Page 550 , Washington County Records. (AFFECTS PARCEL I) 15 . Condition contained in deed from J. W. Brayson Builder , Inc . , to City of Tigard, Oregon, recorded April 14, 1970, in Book 776, Page 702 , Washington County Records, which recites: "Said parcels of real property are conveyed to Grantee so long as Parcels I and II are used as a park. Grantor has a possibility of reverter , and the Grantee has a fee-simple determinable."--- Page 4 of Policy No. 317668 LI-- • Washinr' County,Oregon 2006-078348 • D. 10:28:37 AM D-0 Creel 81ne111 0HOFFMAN e $20,0010,00$11.00•Total•$37.00 li 1111111111111111 `p0 v r,Pi_ THIS SPACE RESER' IIJJI4LJ!lllI78341004004, 7 I,Richard Hobemlcht,Oln of Assessment end ,,-,:cojk � Taxation and Ex-0Rlcle •unty Clerk for Wuhlnpton �/ /,. !•fl\� County,Oregon,do reby certify that the within �•'�, .� L. ipl Instrument of was received was and recorded In the �..,,,,_ • tor..! book of nc• •e of said r,�yrgy. d )144......d- 111 1 . ... - p, •� RI • •W.Hobemicht,Director of Assessment and Tuition,Exdfllclo County Clerk After recording return to: Tualatin Valley Fire &Rescue 20665 SW Blanton Street Aloha, OR 97007 Until a change is requested all tax statements shall be sent to the following address: Tualatin Valley Fire & Rescue 20665 SW Blanton Street Aloha, OR 97007 File No.: 7034-845978 (nt) Date: June 26, 2006 STATUTORY WARRANTY DEED \J Windwood Construction,Inc., Grantor, conveys and warrants to Tualatin Valley Fire &Rescue, Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: to See Legal Description attached hereto as Exhibit A and by this reference incorporated herein. 11) 2_ �-t. This property is free from liens and encumbrances, EXCEPT: cc 0. 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. ** This Deed is being re-recorded to show acceptance by Tualatin Valley Fire t i and Rescue, a Rural Fire Pr tec i rict k The true consideration for this conveyance is $1,iu8,u uu. (Here comply with requirements of ORS 93.030) BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Dated this 2 7 day of J4,- , 20 " G, Page 1 of p d re4(CU SI/ Ntec.at P� c` S 2c3Ci- 67P3Ye • • APN: R480688 Statutory Warranty Deed File No.:7034-8.45978(nt) -continued Date:06/26/2006 Windwood Construction, Inc By: M. Dale Richards, President STATE OF Oregon ) )ss. County of Washington ) This instrument was acknowledged before me on this day of �`r\� , 20 1 by M. Dale Richards as President of Windwood Construction, Inc, on beha of the . (i 7---._ . ..,' OFFICIAL SEAL .,,: NICOIAT.TIMM Q Notary Public for Oregon 1' `;,;J II CO,NoTAPv u NO.3851+u My commission expires: MY CP M,S`rUH 0_►?,��ES JAN.21,2009 ) ACCEPri 1) BY: Tualatin Valley Fire and Rescue, a Rura - ' •te• tion District 41 1P By: =•, Its: ' �, •11!MI Kai KKEWDEXWXAMMUNIKKIKX niiiiIPMINXIXICIX Page 2 of 4 • • STATE OF OREGON COUNTY OF WASHINGTON Pers ally appeared before me. this 0,4 day ofJj1 , 2006, the above named whbeing duly sworn, did say that he is a tO SiOfl Cb - of TUALATIN VALLEY FIRE AND RESCUE, A RURAL FIRE PROTECTION DISTRICT, and that said instrument was signed on behalf ," of said corporation, and acknowledged said instrument to be his voluntary act and deed POAAA'. ' 6141teL021f4) 0". OFFICIAL SEAL " ► SHERRI pCAMARILyO Notary Public of Oregon n7 . ,) NOTARY PUBLIC-OREGON My Commission Expires: 1 o COMMISSION NO.387088 MY COMMISSION EXPIRES NOV.27,2000 • • APN: R480688 Statutory Warranty Deed File No.:7034-845978(nt) -continued Date:06/26/2006 EXHIBIT A LEGAL DESCRIPTION: Beginning at the Southeast corner of the East half of the North half of the Southeast quarter of the Northeast quarter of Section 4,Township 2 South, Range 1 West of the Willamette Meridian, and running thence West 466.7 feet to a point, running thence North 466.7 feet to a point; thence East 466.7 feet to a point, running thence South 466.7 feet to the place of beginning; EXCEPTING THEREFROM the following property: A tract of land in Section 4,Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, State of Oregon, more particularly described as follows: Beginning at the quarter corner on the East line of said Section 4, thence South by 89° 18'West, on the South line of the Northeast quarter of said Section 4, 299.2 feet to an iron pipe; thence North 1°42' West, parallel with the East line of said Section 4, 655.4 feet to a point in the center of County Road No. 934 from which point an iron bears South 1°42' East 20.0 feet, thence North 89° 22' East 235.0 feet to the true point of beginning of the herein described premises; thence North 1° 42' West to a point on the South line of County Road No. 934; thence Northeasterly along said South line to a point on the East line of said Section 4; thence South 1° 42' East along said East line to a point that bears North 89° 22' East 64.2 feet from the true point of beginning; thence South 89° 22' West 64.2 feet to the true point of beginning. ALSO EXCEPTING THEREFROM the following property: A tract of land In Section 4,Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, State of Oregon, more particularly described as follows: Beginning at the quarter corner on the East line of said Section 4, thence South by 89° 18' West, on the South line of the Northeast quarter of said Section 4, 299.2 feet to an Iron pipe; thence North 1°42' West, parallel with the East line of said Section 4, 655.4 feet to a point In the center of County Road No. 934 from which point an iron bears South 1° 42' East 20.0 feet, thence North 89° 22' East 235.0 feet to the true point of beginning of the herein described premises; thence North 1° 42' West to a point on the South line of County Road No. 934; thence Southwesterly along said South line to a point on the North line of that certain tract described in deed to Sever 0. Severson, et ux, recorded January 03, 1941 in Book 195, Page 153, Washington County Deed Records; thence North 89° 22' East to the true point of beginning. ALSO EXCEPTING THEREFROM the following property: The property situated in the City of Tigard, Washington County, State of Oregon described as follows: Beginning at a point which is South 1° 42' 20" West 220.35 feet, and North 87° 26' 00"West 157.30 feet from the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of Section 4, Township 2 South, Range 1 West, Willamette Meridian in the City of Tigard, Washington County, State of Oregon; thence South 44° 32' 13" West 453.05 feet; thence North 1° 26' 40" East 336.90 feet; thence South 87° 26' 00" East 309.57 feet to the point of beginning. Page 3 or 4 • • APN:R480688 Statutory Warranty Deed File No.:7034-845978(nt) -continued Date:06/26/2006 ALSO EXCEPTING THEREFROM the following property conveyed to Washington County recorded February 07, 2005 as Fee No. 2005-013084. C,SOR,r4x I, Richard W. Hobernicht, Director of Assessment 55 CO andTaxation and Ex-Officio County Clerk for :.' *fN, 11, Washington County, do hereby certify this to be a 41. 7,43:', o true and correct copy of the original. v * � e; �� v ;; z Date�� - 12 20O(o O iii •-r P.� f Jy,,�. .` y,.. " By: \CtNL.pLA16k, TON COU-W.° Page 4 of 4 / / ll)0 U G PIR / - /I o 49"DO UG FIR _ s Lee --- jj / / % ;�!' Opp // us< r\Lie / 401- A 01; i t- / / , �� il i„, , i 8 ,,,� s 4 61 IN 4a1 U aP / _yr ' / 0Px7 m ""/”. / 1 _ i , , 'i' A I • COMMUNITY Rose 1111 + =o / rim e' �' •' z TP � �� • o 0 0 a �. i w / uM SWie .: FIRE STATION •: ••: .;:• / ❖ . •••. 11X,0 5F, PARKING BUFFER I A° Aa 'Lw'w Vi Tor / / . VSt •aa000 CONCRETE 0NCRETE / L Aim WAL - WALL . ....► AZI ••0.1 •••_ 04* rau9caglwB ~ /. xwHARG Bm "C 'dl3el �., 7` WALLVol. --_-- - �__e,� d 24 CITY OF TIGARD ••••iir• z �,�������,� ui••,�. th•' l W �• �' o�:`•i Approved ' •onditionalIy Approved Z Uw ti a r For only the work as described in: !��'// \� PE9MIT NO. DATE 1 ��������/ 1�/!�\I- See Letter to: Follow �� t i =CA E ©� /NWIFAttach s� DRAW CHECKED Oa Ct """ Ad r ss: it ..................... STREET TREES Job O NDSCAPE PLA %�!IIlp L1.0 lill 4110 SCALE 1" = 20•-0" , , /