VAR2003-00091
EXHIBIT
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2003.00091
A4. k
CITY OF TIOARD
MCCARTHY REAR YARD SETBACK ADJUSTMENT Community Devefopment
Sfiaping A Better Community
120 DAYS =111512004
SECTION I. APPLICATION SUMMARY
FILE NAME: MCCARTHY REAR YARD SETBACK ADJUSTMENT
CASE NO: ADJUSTMENT (VAR) VAR2003-00091
PROPOSAL: The applicant is requesting a development adjustment to reduce the
rear yard setback from 15 feet to 12 feet to construct a new, detached
912 square foot garage. The proposed placement of the garage will
allow the applicant to save an existing, large oak tree.
APPLICANT: Timothy L. McCarthy
12575 SW Grant Avenue
Tigard, OR 97223
OWNER: Same
COMPREHENSIVE
PLAN
DESIGNATION: Low-Density Residential.
ZONING
DESIGNATION: R-4.5; 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.
LOCATION: 12575 SW Grant Avenue; WCTM 2S 1021313, Tax Lot 2000.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.370.
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. The findings and
conclusions on which the decision is based are noted in Section IV.
NOTICE OF TYPE I DECISION VAR2003-00091 - MCCARTHY SETBACK ADJUSTMENT PAGE 1 OF 3
•
CONDITIONS OF APPROVAL
PRIOR TO ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL
BE SATISFIED. (UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE
CHERYL CAINES IN THE PLANNING DIVISION (503) 639-4171.)
1. Prior to the issuance of any of the permits, the applicant must attain approval for
the garage from the Tigard Building Division.
2. The rear yard setback can only be reduced by 20% to twelve feet.
3. Because the proposed garage is over the maximum 528 square feet for a detached
accessory structure, it must be attached to the existing home. (Section 18.510.060)
THIS APPROVAL SHALL BE VALID FOR 12 MONTHS (1 YEAR)
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Vicinit Information:
The subject site is located on the corner of Grant Avenue and Molly Court. Adjacent
properties are zoned R-4.5 like the subject property. Properties on the opposite side of
Grant Avenue are zoned R-12 and developed with a mix of civic and multi-family
structures.
Site Information:
The site is re atively flat. The southern and western portions of the property are
encumbered by public utility easements. Two large trees are located on the site that
further restricts the building envelope of the site.
Site Histo :
it recor s indicate a previous, development approval for this property under
S yB2002-00002 for a 9 lot subdivision with planned development overlay. (Moore's
Meadows)
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTION:
DEVELOPMENT ADJUSTMENTS:
Community Development o e Section 18.370.020.B.1.a provides that up to a 20%
reduction of interior setbacks of the dimensional standards required in the the base
zone may be approved through a Type I development adjustment. Approval or
approval with conditions shall be based on findings that all of the following criteria
(Section 18.370.020.b.1.b) are satisfied:
A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant has a collection of antique vehicles along with personal use vehicles for
commuting. There is currently no garage facility located on the site. Several restrictions on
the building envelope exist, including a public utility easement and a large oak tree on the
south side of the property and another large oak tree on the east side. These restrictions
prevent the applicant from constructing a garage within the base setbacks for the zone.
Approving the reduction of the rear yard setback to twelve (12) feet will allow the applicant to
construct a garage large enough for his purposes. Preservation of the neighborhood
character will be achieved by retaining the large trees on site and providing an indoor
storage facility for the applicant's vehicles.
NOTICE OF TYPE I DECISION VAR2003-00091 - MCCARTHY SETBACK ADJUSTMENT PAGE 2 OF 3
The adjustment will result in the preservation of trees, if trees are present in the
development area.
Two large trees are near or within the development area. The oak tree on the east side of
the site is within the development area of the front yard. The applicant could remove the
tree and meet the setback standards for the front and rear yards, but would prefer to retain
the tree and request the three (3) foot adjustment.
The adjustment will not impede adequate emergency access to the site.
The request is for a rear yard setback adjustment. Emergency access will not be impeded
as there will be no change in the access to the home.
There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
An alternative to granting the adjustment to the rear yard setback would be to construct the
garage three feet closer to the front yard setback. This alternative could adversely affect the
large tree in the front yard or may even require that it be removed. As the City desires the
retention of trees, the best solution is to approve the rear yard setback adjustment.
FINDING: Based on the analysis above, Staff finds that the development adjustment
criteria are satisfied. Code section 18.510.060 requires that accessory
structures in residential zones over 528 square feet be attached to the
existing residence. The proposed garage is 912 square feet and must be
attached to the residence. This requirement is listed as a condition of
approval.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Final Decision:
The decision of the Director on Type I Procedure 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 SEPTEMBER 17, 2003.
AND BECOMES EFFECTIVE ON SEPTEMBER 18, 2003.
Questions:
yT~rave any questions, please call the City of Tigard Planning Division or Community
Development Department of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at
(503) 639-4171.
September 17. 2003
PREPARED BY: Cheryl Caines DATE
Planning Technician
NOTICE OF TYPE I DECISION VAR2003-00091 - MCCARTHY SETBACK ADJUSTMENT PAGE 3 OF 3
CITY of TIGARD
GEOGRAPHIC INFORMATION SYSTEM
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13125 SW Hall Blvd
Tigard. OR 97223
(503) 639-4171
httpJty .Ci.tgard.or.us
Community Development Plot date: Sep 17, 2003; C:\magic\MAGIC03.APR
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AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
S(aping,4 Better Community
I, (Patricia L. Lun ford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the City of 7igart,, Washington County, Oregon and that 1 served the following:
(Check Appropriate Box(s) Below)
❑X NOTICE OF DECISION FOR: VAR2003-00091/MCCARTHY REAR YARD SETBACK ADJUSTMENT
13 AMENDED NOTICE (Fite No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit "W', 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 September 11, 2003, and deposited in the United States Mail on September 11, 2003, postage prepaid.
(Person tha d No
SZA2E OT OUGON
County of ~INas mgton ) ss.
City of Tigard
Subscribed and sworn/affir ed before me on the day of 2 , 2003.
OFFICIAL SEAL
pJ ISENOTSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007 NOTARY FURLI"F OREGON
My Commission Expires: a'
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX. (503) 684-7297
GENERAL INFORMATION 11
~s~ S ~ ~J Y of v~~ ~Ve
Propert Address/Location(s): W
q ? FOR STAFF USE ONLY
Tax Map & ax Lot #(s): I O IM0,112 )An L, eg
-ol9oc~
Site Size: 0 Case No.: VAR oa Oo a - o °Oq
Applicant: C v Other Case No.(s):
Address: 15 S 5
City/State: i zip: q7a2 3 Receipt No.: oZOO 3 '1~
Primary Contact: Application Accepted By: a, ~ _L4M_A1%4 4) Phone: 5O-~-> (p gyp- 3 Fax: Date: 9 - 3 -03
Pr y Owner/Deed Hplde((s)"' (Attach list if more than one)
Date Determined To Be Complete:
A dress: Phone: q_17-to
City/State: Zip:
Comp Plan/Zone Designation:
* When the owner and the applicant are different people, the applicant 6a D-en Res, 18% 4 ,S
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)
must sign this application in the space provided on the back of this
Rev. 2128/2003 is\curpln\masters\revised\adjustment-1.doc
form or submit a written authorization with this application.
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the REQUIRED SUBMITTAL ELEMENTS
Community Development Code (please circle one only):
>Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage
>Special Adjustments: ✓ Application Elements Submitted:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density 12/Application Form
♦ Landscaping Adjustments - Existing/New Street Trees [ Owner's Signature/Written Authorization
♦ Parking Adjustments - Reduction in Stacking Lane Length
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. Title Transfer Instrument or Deed
O Setback Adjustments - Setbacks to Reduce Tree Removal,
♦ Wireless Communication Facility Adjustments -Distance From Another Tower Site/Plot Plan (6 Copies)(
♦ Washington Square Reg. Center Density Adjustments Site/Plot Plan (reduced 8%1'x 11")
Ple se tate the reason for the Adjust ent request: e -to &c [ Applicant's Statement
G -0. I (Addressing Criteria Under Section 18.370.020)
&21 CA W a 9- \t" IC- ❑ Filing Fee $210.00
fD 05 2 Jurisdiction: El City El Urb
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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 Lt A t , 20
C
Appl' ant/Authorize Agent Signature Owner's Signature
Owne 's Signature ' Owner's Signature
2
3. The Director shall approve, approve with modifications, or deny an application for a subdivision
variance subject to the criteria set forth in Section 18.370.010.C.
18.370.020 Adjustments
A. Purpose. The purpose of this section is to establish two classes of special variances:
1. "Development adjustments" which allow modest variation from required development standards
within proscribed limits. Because such adjustments are granted using "clear and objective
standards," these can be granted by means of a Type I procedure, as opposed to the more
stringent standards of approval and procedure for variances.
2. "Special adjustments" which are variances from development standards which have their own
approval criteria as opposed to the standard approval criteria for variances contained in Section
18.370.020.C.
B. Development adjustments.
1. The following development adjustments will be granted by means of a Type I procedure, as
governed by Section 18.390.030, using approval criteria contained in Subsection B2 below:
a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard
setback required in the base zone. Setback of garages may not be reduced by this provision.
b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear
yard setbacks required in the base zone.
c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone.
2. Approval criteria. A development adjustment shall be granted if there is a demonstration of
compliance with all of the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the desired
effect;
b. The adjustment will result in the preservation of trees, if trees are present in the development
area;
c.. The adjustment will not impede adequate emergency access to the site;
d. There is not a reasonable alternative to the adjustment which achieves the desired effect.
Variances and Adjustments 18.370-2 SE/Code Update: 04102
CITY OF TIGARD 9/3/2003
13125 SW Hall Blvd. 3:30:01PM
Tigard, Oregon 97223:
(503) 639-4171
Receipt 27200300000000003941
Date: 09/03/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2003-00091 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
Line Item Total: $210.00
Payments:
Method Payer User ID Acct/Check Approval No. How Received Amount P
Check TIM MCCARTHY cac 1976 In Person 210.00
Payment Total: $210.00
r 1976
qa 132so as Y
TIM L MCCARTHY D ST. 503-6204438 - u/ 2tm r
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6426 SW EDGE 97035 F •
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Pay to the. order of Dollars
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Page 1 of 1 cReceipt.rpt
MAPPING
TAX MAPS:
The world is set up by a grid system. The west coast is based upon the Willamette
Meridian and the Baseline intersecting. This intersection is within Washington Park in
the Portland area. The intersection is called theW Stone.
~~a
Baseline Road divides north from south. The Willamette Meridian divides east from
west. The City of Tigard falls south of the Baseline and west of the Willamette
Meridian. All of our tax maps are in Township "S" (south) and Range "W" (west).
Each Township is divided into 36 sections, each section equaling one square mile. Of
the 36 sections each is divided into quarter sections. These quarter sections are
divided again into four sections. The four sections are labeled A, B, C, and D. When
looking at the 1 /4 section it is labeled beginning with "A" in the northeast section,
"B" in the northwest section, "C" in the southwest section, and "D" in the southeast
section. To further clarify, the quarter sections are divided into quarter sections
resulting in 16 sections for the entire quarter section. They are then again labeled
"A" in the northeast section, "B" in the northwest section, "C" in the southwest
section, and "D" in the southeast section.
Tigard falls within Townships 1 S1 and 251. The section numbers for Township 1 S1
are 25, 26, 33, 34, 35, and 36. The section numbers for 2S1 are 1, 2, 3, 4, 9, 10,
11, 12, 15, 14, and 13.
To identify a property in Tigard we would find the Township (1 S l) and the section by
the 1/1 6th section. For example, 1 S 1 25AB.
STREET INDEX MAP:
The street index map lists the names and locations of the streets in Tigard. This map
works in tandem with a book listing the names of the streets alphabetically and
numerically. To locate a street reference the book and look for the grid area numbers
to locate the street on the map. Such as, SW Hoodview Drive would be located by
intersecting lines G and 4 on the street index map.
In the booklet the street names shown in bold are within city limits and the streets
not highlighted are outside of city limits. Also, on the - ip, the lines in bold indicate
the street is within the city limits and the light lines indicate the street is outside of
city limits.
ADDRESSES:
Addresses within Tigard are based on the Portland Metropolitan Grid. Addresses on
the north and west sides of the street are numbered with odd numbers. Addresses
on the south and east sides of the street are numbered with even numbers.
A new address assignment book is located at the front counter. Address
assignments are described in another S.O.P.
ADDRESS MAPS:
The address maps contain all addresses for each property in Tigard. The address
maps are located at the front counter in a hanging file. The address maps are divided
into sections just as the assessors maps are. The numbers are printed on the corners
of the map and correspond to the section numbers used on the assessors map, ie;
34, 35, 36, 1, 2, 3, etc.
PLAT MAPS:
These are subdivision maps that have been recorded with Washington County after
City of Tigard approval. The county supplies the final subdivision plat mylar. Copies
of these mylars are located at the front counter. They are also called subdivision
maps. To find a particular subdivision, reference the book at the front counter. The
subdivisions can be found alphabetically, or by book and page number. The book and
page numbers are historical beginning with the first subdivision since incorporation to
the present. Therefore, the older the book number, the more recent the subdivision
has been recorded.
Partition plat maps are separate from subdivision plat maps. They are either listed by
name, year and page number (1991-090), or by a planning file number (MLP 88-
0008) in sequential order.
ORTHOPHOTO AND TOPOGRAPHICAL MAPS: .
Orthophoto maps are aerial photos that have been corrected to scale. All orthophoto
maps are at a 1 " = 100' scale.
Topographical maps show the elevations of the land. To show a customer the
elevations of their property the topo map can be placed directly over the ortho map.
The elevation numbers are printed directly on the map and each line shown equals a
two foot difference.
Elevation lines going from a higher elevation number to a lower elevation number
indicates a ridge. Elevation lines going from a lower elevation number to a higher
elevation number indicates a valley.
= stream
= depression
CB = catch basin
MH = manhole
WL = water level
SANITARY SEWER MAPS:
Sanitary sewer maps are all in a 1 400' scale. These maps aren't meant to be
totally accurate, just a general overview. They show major sewer lines and
connections. • manholes. The numbers on the maps signify projects:
subdivisions, streets, sanitary sewer, and storm sewer.
A citizen requiring a specific on-site sewer location of a mainline in the public right-of-
way can contact the Wastewater Division at X335.
The sewer maps are divided into four sections. All four maps intersect at SW 111 th
Place. Therefore, the maps are divided NW, NE, SE, and SW.
As-builts are maps of what has already been built, such as existing sanitary and
storm sewer lines.
A plot plan would show where a house sits on a property. The city does not have
these. To improvise and help a customer we can use an orthophoto or topo map
over the assessors map to give an approximate location. Otherwise the customer will
have to hire a surveyor for accuracy.
ZONING MAP:
The zoning map shows zoning designations for all properties in Tigard. The zoning
designations are comprised of residential, commercial, and indus rial. Within each
designation are various densities or uses such as: R-4.5 (Residential, 4.5 units/acre);
R-25 (Residential, 25 units/acre); C-P (Professional Commercial); CBD (Central
Business District); I-L (Light Industrial); I-H (Heavy Industrial).
The zoning map includes this information:
topographical lines
wetlands
floodplain
topography
city limits
parks
parcel sections
zoning boundaries
Check the legend provided on the zoning map to interpret the information.
Most zoning within Tigard is R-4.5. The minimum lot size for use is 7,500 sq. ft.
One acre is 43,560'sq. ft. (gross acreage). When calculating usable square footage
the general rule of thumb is to subtract 20% for street improvements. There are
other subtractions, such as for wetlands as well. By subtracting the percentages for
these improvements you'll come to the net acreage then divide that number by 7,500
sq. ft. for the minimum lot size.
WETLAND INVENTORY MAP:
This, is an inventory of wetlands in Tigard that was prepared by SRI in 1990.
Wetlands are determined by soil and vegetation types. The survey divides the city
into seven geographical zones each showing wetlands and their ratings.
FEMA MAPS:
The Federal Emergency Management Agency (FEMA) nationwide has surveyed
floodplains. The maps are Flood Insurance Rate Maps (FIRM) maps. They are
divided by Community Panel Numbers that FEMA assigns. There is an index map to
help locate the panel you are looking for. This map is used when a customer wishes
to know for insurance purposes if their property falls within the floodplain. If the
customer needs information for their insurance company, provide them with the
community panel numbers.
ARMY CORP OF ENGINEERS MAPS:
These are aerial maps called Flood Insurance Work Maps that show floodplains within
Tigard. There is also an index of ratings.
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Response to the `Adjustments 18.370.020' document
Approval Criteria
a) In order to build a 2408 garage in which I can park my
antique vehicles and my daily drivers, I need to adjust the back
property line setback to 12 feet rather than the usual required
15 foot setback. I have no garage currently. I need this garage
to protect my cars and trucks from the weather and the
elements, from vandals and from tree droppings and debris
generated from 2 very large, historical trees. I also wish to
keep my neighborhood looking orderly and I want my home
and garage to reflect my pride of ownership.
b) This variance or adjustment is needed to protect the root
system of a very large and historic oak tree, which otherwise
would be located in a questionable, possibly harmful position
on the proposed building site. This change will eliminate any
danger of harm to this tree. Also, by building the garage 3 feet
more toward the back of the property, my 1920's vintage home
will not look overwhelmed by the new parking structure. This
visual concern is not only for my personal benefit, but for the
benefit of the visual aesthetics of the neighborhood as well.
c) My proposed back property line would still be 12 feet on my
side of the property line and an additional 5 feet of property is
available on my neighbor's side of the mutual property line,
leaving an access lane of 17 feet total for emergency vehicles.
d) Due to my lot being much wider than deeper and the fact
that there are 2 utility ditch access lanes on my property, one
across the back of my lot and one on the. side of my lot, there is
no other place or way to place a much-needed garage structure
on my property.
TICOR TITLE INSURANCE COMPANY
REFINANCE PRELIMINARY TITLE REPORT SUPPLEMENT 1
Ticor W.E.S.T. Office
8625 SW Cascade Avenue, Ste. 502 • Beaverton OR 97008
(503) 219-1160 FAX: (503) 641-6600
August 8, 2003
Order Number: 803823 REND AND Regarding: McCarthy (Sorrowe4
Property Address: 12575 SW Grant Avenue,
Tigard, OR 97223
County: Washington
Title Officer: Tom McColloch Escrow Officer: Mandi Miller
C0nbeImchedat.- (503) 219-1160
PROPOSED POLICY INFORMATION:
Policy Number: 803823 Policy Liability: $200,000.00
Issue Date: Premium: $770.00
Issue Time: Policy Type: Lender's Extended Policy (Residential)
Premium M&C1S a Short Terra Credit in 1170 amount of ($14000)
End. 100, 116 and 110.9 $50.00
Govt Service Fee: $50.00
PROPOSED INSURED DOCUMENT:
Deed of Trust from TIMOTHY MCCARTHY, Grantor, to TICOR TITLE INSURANCE COMPANY,
Trustee, for the benefit of LOANCITY.COM, dated , recorded , Recording Number
DATED AS OF: June 30, 2003, 8:00 am
VESTING:
TIMOTHY MCCARTHY
LEGAL DESCRIPTION:
Lot 1, MOORE'S MEADOW, County of Washington, State of Oregon.
REFINANCE PRELIMINARY TITLE REPORT SUPPLEMENT 1 (REP07A) 1
A. In addition to the Standard Policy exceptions, the following Special exceptions shall appear
on the final 1992 ALTA policy unless removed prior to issuance:
1. Those taxes and special assessments which become due and payable subsequent to Date of Policy.
2. Covenants, conditions and restrictions, if any, appearing in the public records; however, this policy insures against loss or damage
arising from:
a) the violation of any covenant, conditions and restrictions on or prior to Date of Policy, except that this affirmative insurance
does not extend to covenants, conditions and restrictions relating to environmental protection, unless a notice of a violation
thereof has been recorded or filed in the public records and is not referenced in an addendum attached to this policy;
b) a forfeiture or reversion of title from a future violation of any covenants, conditions and restrictions appearing in the public
records, including any relating to environmental protection; and
c) any provisions in any covenants, conditions and restrictions under which the lien of the insured mortgage can be
extinguished, subordinated or impaired.
3. Any assessments or servitudes appearing in the public records; however, this policy insures against loss or damage arising from (a)
the encroachment, at Date of Policy, of the improvements on any easement; and (b) any interference with or damage to existing
improvements, including lawns, shrubbery and trees, resulting from the use of the easements for the purposes. granted or reserved.
4. Any lease, grant exception or reservation of minerals or mineral rights appearing in the public records; however this policy insures
against loss or damage arising from: (a) any affect on or impairment of the use of the land for residential one-to-four family dwelling
purposes by reason of such lease, grant, exception or reservation of minerals or mineral rights; and (b) any damage to existing
improvements, including lawns, shrubbery and trees, resulting from the future exercise of any right to use the surface of the land for
the extraction or development of the minerals or mineral rights so leased, granted, excepted or reserved. Nothing herein shall insure
against loss or damage resulting from subsidence. .
5. This policy insures against loss or damage by reason of any violation, variation, encroachment or adverse circumstance affecting the
title that would have been disclosed by an accurate survey. The term "encroachment" includes encroachments of existing
improvements located on the land onto adjoining land, and encroachments onto the land of existing improvements located on
adjoining land.
B. We also find the following assessments, city liens, judgments and monetary liens:
6. Property taxes
Lien due but not yet payable.
Tax Year: 2003-04
7. Deed of Trust, including the terms and provisions thereof, given to secure a note,
Amount: $186,200.00
Executed By: Timothy McCarthy
Trustee: Chicago Title Insurance Company
Beneficiary: First Horizon Home Loan Corporation
Dated: March 4, 2003
Recorded Date: March 10, 2003
Recording Number: 2003034941
Loan Number: 0041817685
8. Any Statutory Lien for labor or material which now has gained or hereafter may gain priority over
the lien of the Mortgage/Trust Deed insured herein or to be insured.
Additional Requirements / Notes:
a. NOTE: Property taxes paid prior to plat PAID
Tax Year: 2002-03
Tax Amount: $3,602.21
Tax Acct Number: R463260, 2S 1 2BB-01 900, Code 023.74
Affects: Other property also
REFINANCE PRELIMINARY TITLE REPORT SUPPLEMENT 1 (REP07A) 2
0
b. Prior to writing an Extended Coverage Policy, Ticor Title Insurance Company should be
furnished with a statement as to parties in possession and as to any construction, alterations or
repairs to the premises within the last 75 days. We also request that we be notified in the. event
that any funds are to be used for construction, alterations or repairs. Exception may be taken to
such matters as may be shown thereby.
C. Discrepancies, conflicts in boundary lines, shortages in area, encroachments or any other facts
which a correct survey would disclose.
d. We find no deeds have been recorded affecting this property in the last 6 months, except:
Type of Deed: Statutory Warranty Deed
Grantor: Casa Terra LLC, an Oregon limited liability company
Grantee: Timothy McCarthy
Recorded: 3/10/03
Auditors File No.: 2003034940
e. A search of the records discloses no judgments of record against the parties herein named as of
the date hereof:
Timothy McCarthy
This report is preliminary to the issuance of a policy of title insurance and shall become null and void
unless a policy is issued and the full premium is paid.
REFINANCE PRELIMINARY TITLE REPORT SUPPLEMENT 1 (REP07A) 3
• 10-
Lot 1, MOORE'S MEADOW, County of Washington, State of Oregon.
Legal Description 4
TICOR TITLE INSURANCE COMPANY
1629 SW Salmon
Portland, OR 97205