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VAR2003-00034 EXHIBIT NOTICE OF TYPE I DECISION VARIANCE (VAR) 2003-00034 CITY OF TIOARDI THORNWOOD REAR YARD SETBACK ADJUSTMENT Community(DeveCopment Sha ingA Better Communi 120 DAYS = 9/13/2003 SECTION I. APPLICATION SUMMARY FILE NAME: THORNWOOD REAR YARD SETBACK ADJUSTMENT CASE NO: Adjustment (VAR) VAR2003-00034 PROPOSAL: The applicant has requested an adjustment to the rear yard setback to reduce the setback from 15 feet to 12 feet to allow for the supports for a 6-foot deep rear deck to be constructed. APPLICANT/ OWNER: Don Morissette Homes Attn: Jeff Moore 4230 Galewood St., #100 Lake Oswego, OR 97035 LOCATION: 12320 SW Aspen Ridge; WCTM 2S 11 013C, Tax Lot TS044. ZONING AND COMPREHENSIVE PLAN DESIGNATION: R-7: The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 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 subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION VAR2003-00034- THORNWOOD REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3 CONDITIONS OF APPROVAL There are no conditions of approval associated with this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION . Site History: The subject site is lot 44 of the Thornwood Subdivision. No other land-use cases are associated with this parcel. Site Information and Proposal Description: The applicant has requested an adjustment to the rear yard setback to reduce the setback from .15 feet to 12 feet to accommodate construction of a deck. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENTS: Section 18.370.020.B.1.a provides that up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the adjustment requested is the least required to achieve the desired effect; The desired effect is to construct a 6-foot deck at the rear of the home. Due to the steep slope of the lot, the usability of the rear yard is limited. The size of the subject home only allows a 3-foot deck to the rear while maintaining the required setback. By allowing the rear yard setback to be reduced to 12 feet, support beams for the proposed deck may be set out further, which will allow the proposed deck to be extended another 3 feet. The requested adjustment is the least required to achieve the desired effect. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees are associated with this request. Therefore, this criterion does not apply. The adjustment will not impede adequate emergency access to the site. The request is for a rear yard setback adjustment. Access to the home will remain unchanged. Therefore, emergency access to the site will not be impeded. NOTICE OF TYPE I DECISION VAR2003-00034- THORNWOOD REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 There is not a reasonable alternative to the adjustment, which achieves the desired effect. It is not possible to cantilever a deck from the subject home 6 feet without placing support beams in the ground. Therefore, by allowing the support beams to be placed 12 feet from the rear property line instead of 15 feet, the deck may be cantilevered an additional 3 feet beyond the support beams in order to have a 6-foot deck. The adjustment is the least needed and there is no reasonable alternative to the requested adjustment. FINDING: Based on the analysis above, Staff finds that the development adjustment criteria are satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION A rear yard setback 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 MAY 27, 2003, AND BECOMES EFFECTIVE ON MAY 28, 2003. 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. May 27, 2003 PREPA~F.b B athe eidegger DATE Assistant Planner NOTICE OF TYPE I DECISION VAR2003-00034- THORNWOOD REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 EXHIBIT-...,n DON • MORISSETTE H O M E S I N C O R P O R A T E D 4230 C A L E N O O D S T R E E T S U I T E 1 0 0 R (503)2397- 7538 FAXR(50 )387 9 -76 15 OBE: 2921 STANDARD ELEVATION LOT: 44 DAYLIGHT BASEMENT DATE: 4~29~03 PROPERTY: THORNWOOD CITY: TIGARD 123206.W. ASPEN I RIDGE D R. SCALE: 1"=20' PLAN No.: 184 of ~I WI N I ~i 1 31 I I 1 5 .00' a • Si~'dewalk: 'Approach .01 N, 446' 0 446'. 44 o 41, ' ;lConcrete•~ ' a Im' P.U.E - Drlveway * e 446 r------ '.'~a:~-~'7c/~~_•~_ -AAk bbl .446 • • ~ 446 I a 444 sb 431 sq. Ft. _2 car gar. M GARAGE HT: 446' 442 FEE-4'4 MAIN FLOOR HT: 446.5' BASEMENT HT: 4315' 440 45 sq. Ft. ~r 338 31/2 ba th FF.E. 446.5' 330 334 o DECK SUPPORT POSTS • IVO.G. ' 36 40 d 6'x40' DEC k~2 B N RETAINING WALL 334' 50.001 334' LEGEND LOT COVERAGE LOT AREA: 4,100 50. FT. LOT 044 o -z' NORTHERN BUILDING AREA: 2,433 50. FT. 4,100 sq. Ft. RED OAK PERCENTAGE: 51 0 • EXHIBIT Don Morissette Homes VAR2003-00034 Attn: Jeff Moore THORNWOOD REAR YARD SETBACK 4230 Galewood Street, Suite 100 ADJUSTMENT Lake Oswego, OR 97035 AFFIDAVIT OF MAILING Community (Development SlrapingA Better Community I, (Patricia L. Lu ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City of7igar4 Washington County, Oregon and that I served the following: (CheCk Appopiate eox(s) Bebw) D NOTICE OF DECISION FOR: VAR2003-00034/THORNWOOD REAR YARD SETBACK ADJUSTMENT AMENDED NOTICE (File NoJName Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B and by reference made a part hereof, on May 27, 2003, and deposited in the United States Mail on May 27, 2003, postage prepaid. l17 2 1~ (Person t re ' d No ce) SM43 OF OREGON County of~(Was ington ) ss. City of liigard ) Subscribed and sworn/aff ed before me on the day of , 2003. o OFFICIAL SEAL BENGTSO NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 2007 My Commission Wires: 7 7 d LEI ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 GENERAL INFORMATION Property Addres /Location(s): Z-3 sue) C-e Cf-e- FOR STAFF USE ONLY Tax Map & Tax Lot #(g): f 14 Site Size: r~7c~v S Case No.: zcn 0-1 3 Applicant': Other Case No.(s): Address: tJZ 3v C Lce~~,~ 3 , ~r~'c~ City/State: ®S mLt Zip: ~ 735' Receipt No.: Primary ontact:c~orL Application Accepted By: Phone:~o3 ?3~-S Fax S~ 7l- l77v Date: SX 3 Property wner/DJ~ ed Holder " (Attach lis if more than one) yGr<l 'T'GQ/Z-< /2vfl~127(-ems Date Determined To Be Complete: Address: 412 3e-> Phone: St'-~.3 -SS-7- City/State: Z~k-- c~5~-exapu c=4--c :Zip: 9 2-- -S Comp Plan/Zone Designation: When the owner and the applicant are different people, the applicant 7 must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) CIT Area: must sign this application in the space provided on the back of this Recording Date and Number: form or submit a written authorization with this application. PROPOSAL SUMMARY Rev. 7/12/02 is\curpln\masters\revised\adjustment-1.doc The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): Develo ment Adjustment ront Yard, Interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS iSoecia 'us en s: ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density ✓ Application Elements Submitted: ♦ Landscaping Adjustments - Existing/New Street Trees ♦ Parking Adjustments - Reduction in Stacking Lane Length Application Form ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ♦ Setback Adjustments - Setbacks to Reduce Tree Removal Owner's Signature/Written Authorization ♦ Wireless Communication Facility Adjustments - Distance From Another Tower D Title Transfer instrument or Deed ♦ Washington Square Reg. Center Density Adjustments EI-Site/Plot Plan (6 copies) Please state the reason for the Adjustment request: ❑ Site/Plot Plan (reduced 8Y2'x 11") Requesting to have rear yard set back of 15 ft. be reduced to Applicant's Statement 12 ft. to allow for the supports for a 6 ft. deep rear deck to (Addressing Criteria Under Section 18.370.020) encroach 3 ft. into the original 15 ft set back. See attached Oiling Fee $205.00 sit plan for home and, rear deck. This property backs up to an existing ground level water storage tank and would not impact an existing or future neighbor. . 1 APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of 20-!2z Ap cant/ ut orized Agent Signature Owner's Signature ner's Signature Owner's Signature t 2 CITY OF TIGARD 5/14/2003 13125 SW Hall Blvd. 12:35:41PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000001954 Date: 05/14/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2003-00034 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 Line Item Total: $205.00 Payments: • Method Payer User ID Acct./Check Approval No. How Received Amount Paid Check JEFFERY R. MOORE KJP 8771 In Person 205.00 Payment Total: $205.00 JEFFREY R. MOORE 8771 .DEBORAH L MOORE PH. 503-656-0885 24-703813230 OR r• 21050 SERANGQDR, Date 2107 T iINN, OR. 97068 m Pay.to.the tJ. orderof C - Ban an. fAmeric I ake Oswego 2107 For• - - Page 1 of 1 cReceipt.rpt First American Title Insurance Company of Oregon 1700 SW Fourth Avenue, Suite 102 Portland, OR 97201 (503) 121-3651 - Fax (503) 790-7872 TRI-COUNTY TITLE UNIT EDMUND SALVATI TITLE OFFICER esa lvati @fi rsta m. com First American Title Insurance Company of Oregon Order No.: 7034-146743 10260 SW Greenburg Road, Suite 170 April 11, 2003 Portland, OR 97223 Attn: Gloria Miller Phone No.: (503) 244-8323 - Fax No.: (503) 244-8377 Email: gmiller@firstam.com Preliminary Title Report ALTA Owners Standard Coverage Liability $ 353,033.00 Premium $ 691.00 8/R ALTA Owners Extended Coverage Liability $ Premium $ ALTA Lenders Standard Coverage Liability $ Premium $ ALTA Lenders Extended Coverage Liability $ 343,033.00 Premium $ 363.00 Endorsement 100, 116 & 8.1 Premium $ 50.00 Govt Service Charge Cost $ 50.00 Other Cost $ We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: Lot 44, THORNWOOD, in the City of Tigard, County of Washington and State of Oregon. and as of March 28, 2003 at 8:00 a.m., title vested in:. Venture Properties, Inc., an Oregon corporation Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: 1. City liens, if any, of the City of Tigard. Note: An inquiry has been directed to the City Clerk and subsequent advice will follow concerning the actual status of such liens. 2. Statutory powers and assessments of Clean Water Services. This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued, and the full premium paid. Preliminary Report • Order No.: 7034-146743 Page 2 of 4 3. Line of Credit Trust Deed, including the terms and provisions thereof, given to secure an indebtedness of up to $21,000,000.00 Grantor: Venture Properties, Inc. Beneficiary: U.S. Bank N.A. Trustee: U.S. Bank Trust Company, N.A. Dated: February 27, 2002 Recorded: February 28, 2002 Recording Information: 2002-024338 Modification and/or amendment by instrument: Recording Information: May 3, 2002 as Fee No. 2002052634 4. Line of Credit Trust Deed, including the terms and provisions thereof, given to secure an indebtedness of up to $2,500,000.00 Grantor: Venture Properties, Inc. Beneficiary: U.S. Bank N.A. Trustee: U.S. Bank Trust Company, N.A. Dated: February 27, 2002 Recorded: February 28, 2002 Recording Information: 2002-024339 Modification and/or amendment by instrument: Recording Information: May 3, 2002 as Fee No. 2002052637 5. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: March 13, 2003 as Fee No. 2003-037527 6. Easement on the recorded plat/partition as follows: "In addition to other easements as shown or noted, the frontage of all lots and tracts abutting the public right of way are subject to a 10.00 foot wide easement for public and private storm drainage facilities, public sidewalks, sanitary sewers, water supply, and other public and private regulated utilities. A 2.50' foot wide landscape easement abutting the right of way line is provided for the benefit of the City of Tigard." 7. Restrictions shown on the recorded plat/partition of Thornwood. 8. The following pertain to lender's Extended coverage only: a. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. b. Parties in possession, or claiming to be in possession, other than the vestees shown herein. C. Statutory liens for labor and/or materials; including lines for contributions due to the State of Oregon for employment compensation and for workman's compensation, or any rights thereto, where no notice of such liens or rights appears of record. - END OF EXCEPTIONS - First American Tide Preliminary Report • . Order No.: 7034-146743 Page 3 of 4 Note: In order to insure a transaction involving the herein named trust, we will need to be provided a Certification of Trust pursuant to ORS 128.232 through ORS 128.246. NOTE: We find no judgments or United States Internal Revenue Liens against Libby Family Revocable Living Trust and Robert I. Libby. NOTE: 2002-2003 taxes paid prior to the recording of the plat/partition in the amount of $22,493.14. (Said subdivision/partition plat consists of 59 lots.) NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Certain conveyances may be exempt from said ordinance, in which case, Washington County will require a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are recorded (including situations to meet lender requirements) either the transfer tax must be paid or affidavit acceptable to the County must be filed. Situs Address as disclosed on Washington County Tax Roll: 12320 SW Aspen Ridge Drive, Tigard, OR THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! RECORDING INFORMATION Filing Address: Washington County 155 North 1st Avenue Hillsboro, OR 97124-3087 Recording Fees: $ 5.00 per page $ 6.00 per document (Public Land Corner Preservation Fund) $ 11.00 per document (OLIS assessment & Taxation Fee) $ 5.00 for each additional document title $ 20.00 non-standard fee cc: Libby Family Rev. Living Trust cc: Don Morissette Homes, Inc cc: Jeff Moore, Don Morisette Realty, Inc. Attn: Closing Coordinator, First Amefican Tide Preliminary Report Order No.: 7034-146743 Page 4 of 4 «e~ aMxar,ry First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY (10/17/92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA OWNER'S POLICY (10/17/92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. SCHEDULE OF STANDARD EXCEPTIONS The ALTA standard policy form will contain in Schedule B the following standard exceptions to coverage: 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; proceeding by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 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. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST TI 149 Rev. 5-99 First American Tide THIS MAP IS FURNIS'IAS A CONVENIENCE IN LOCATING PROPER~ND THE COMPANY ASSUMES NO LIABI OR ANY VARIATIONS AS MAY BE DISCLOS f ACTUAL SURVEY S1 ILMERIC K p 'lp First American Title Insurance Company of Oregon An assumed business name of TITLE INSURANCE COMPANY OF OREGON 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 (503) 222-3651 1 O R N W O O D HARRIS-McMONAGLE ASSOCIATES, INC. RECORDED AS DOCUMENT NO. . ENGINEERS-SURVEYORS 25M Sm I IN THE S.W. 1/4 OF THE N.W. 1/4 OF SECTION 10 ' VA OR'0 22 ; 2-SOUTH, RANGE 1-WEST, WILLAMETTE MERIDIAN, "°A°:.. Ism) a~391m CODE DELTA A ADI cL I RADILOTS 34-50 US lENOTFI Cr TIGARD, WASHINGTON COUNTY, OREGON 34 4 14100 124.66 1- 35 143.00 44.81 BEARINGS AND BOUNDARY RESOLUTION PER. 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