MIS1996-00007 • •
NOTICE OF DECISION jihe
LOT LINE.ADJUSTMENT (MIS) .96-0007
CITY OF TIGARD
FREEMAN/ALPINE LOT LINE ADJUSTMENT.
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: FREEMAN/ALPINE ADJUSTMENT
Lot Line Adjustment MIS 96-0007
PROPOSAL: The applicant has requested to adjust approximately 331 square feet
between Lots 23 and 24 in the Hilllshire Summit Subdivision.
APPLICANT: Ed Freeman OWNER: Same
P.O. Box 1754
Lake Oswego, OR 97035
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential (7-12 dwelling units per acre).
ZONING
DESIGNATION: R-7 (Planned Development).
LOCATION: 13689 and 13757 SW Alpine View; WCTM 2S109BA, TAX LOT HS
223 and HS 224.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.52 and 18.162.
SECTION II: DECISION:
Notice is hereby given that the City of Tigard Community Development Director's designee.
has APPROVED the above request subject to conditions.
The:findings and conclusions on which the decision is based are noted in Section IV.
NOTICE OF DECISION MIS 96-0007-FREEMAN/ALPINE ADJUSTMENT Page 1
• • r
CONDITIONS OF APPROVAL
PRIOR TO THE RECORDING THE LOT LINE ADJUSTMENT, THE FOLLOWING
CONDITION SHALL BE SATISFIED:
(Unless otherwise noted, the staff contact shall be John Hadley,
Engineering Department(503) 639-4171.) .:
1. A lot line adjustment survey map and legal descriptions showing the existing and
proposed lot lines shall be reviewed and approved by the Engineering Department.
The survey map shall include all access and utility easements.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE:..EFFECTIVE DATE OF THIS DECISION.
SECTION III: BACKGROUND INFORMATION
Site History:
The area has been designated for Medium Density Residential use since the
Comprehensive Plan was adopted in 1983. The affected parcels were created as a part of
the Hillshire Summit Subdivision that was approved in 1991.
Site Information and Proposal Description:
One of the properties is presently vacant, the other is being developed. The lot line
adjustment involves a 331 square foot area where additional land area is to be added to
Lot 24 from Lot 23.
Vicinity Information:
The affected properties are adjoined by other parcels within the Hillshire Development.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Lot Line Adjustment - Approval Standards: Section 18.162.060 contains the following
standards for approval of a lot line adjustment request:
1. An additional parcel is not created by the Lot Line Adjustment, and the existing
parcel reduced in size by the adjustment is not reduced below the minimum lot
size established by the zoning district;
NOTICE OF DECISION MIS 96-0007-FREEMAN/ALPINE ADJUSTMENT Page 2
• •
2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation
of the site development or zoning district regulations for that district; and
3. The resulting parcels are in conformity with the dimensional standards of the
zoning district.
f' The proposed lot line adjustment is consistent with these standards. The proposed
adjustment will reconfigure the lot lines but no additional parcel will be created by the
adjustment. Because the subdivision was developed as a Planned Development, no
minimum lot size applies to these properties. The 50-foot average width standard also does
not apply. All existing site improvements of the home on Lot 23 comply with the applicable
development standards. Future site improvements on Lot 24 will be required to comply with
the setback standards of the zoning district.
Special Provisions for Lots Created Through The Partition Process: Section
18.162.060 states that in addition to meeting the above standards, a Lot Line
Adjustment must also meet the following criteria applicable to lots created through
the Minor Land Partition process:
1. Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district.
2. Lot Area: The lot area shall be as required by the applicable zoning district. In
the case of a flag lot, the accessway may not be included in the lot area
calculation.
3. Lot Frontage: Each lot created through the partition process shall front a
public right-of-way by at least 15 feet, or have a legally recorded minimum 15
foot wide access easement.
4. Setbacks: Setbacks shall be as required by the applicable zoning district.
5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the
developer may determine the location of the front yard, provided that no side
yard is less than 10 feet. Structures shall generally be located so as to
maximize separation from existing structures.
6. Screening on Flag Lots: A screen shall be provided along the property line of a
lot of record where the paved drive in an accessway is located within ten feet of
an abutting lot in accordance with Sections 18.100.080 and 18.100.090.
Screening may also be required to maintain privacy for abutting lots and to
provide usable outdoor recreation areas for proposed development.
7. Fire Protection: The fire district may require the installation of a fire hydrant
where the length of an accessway would have a detrimental effect on fire
fighting capabilities.
NOTICE OF DECISION MIS 96-0007-FREEMAN/ALPINE ADJUSTMENT Page 3
• •
8. Reciprocal Easements: Where a common drive is to be provided to serve more
than one (1) lot, a reciprocal easement which will ensure access and
maintenance rights shall be recorded with the approved partition map.
9. Accessway: Any accessway shall comply with the standards set forth in
Chapter 18.108; Access, Egress, and Circulation.
10. Floodplain: Where landfill and/or development is allowed within or adjacent to
the one-hundred-year floodplain, the City shall require the dedication of
sufficient open land area for greenway adjoining and within the floodplain.
This area shall include portions at a suitable elevation for the construction of a
pedestrian/bicycle pathway with the floodplain in accordance with the adopted
pedestrian/bicycle pathway plan.
Criterion 1 and 2 are not applicable because no average lot width or area standard's are
required to be maintained within a Planned Development project. Criteria 3 is satisfied as the
lots would have a minimum of 94.30 feet of frontage on SW Alpine View. Criteria 4 is
addressed because the existing residence continues to'comply with the setback standards
of the R-7 Zoning District. New development on Lot 24 will also be required to comply with
the setback requirements of the R-7 Zoning District prior to the issuance of Building Permits.
Criteria 5 and 6 are not applicable as these lots are not flag lots. Fire hydrants shall be
consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Criteria 8 is not
applicable as these lots do not share a common driveway. Criteria 9 concerning access to
each parcel has been satisfied on Lot 23. Site access will be required to be addressed
during the development of Lot 24: Criteria 10 is not applicable as neither parcel is within the
floodplain.
SECTION V: OTHER STAFF COMMENTS
The City of Tigard Engineering Department and Building Division have reviewed the
proposal and have offered no comments or objections. The Engineering Department will
complete a detailed review of the submitted Lot Line Adjustment survey map and legal
descriptions prior to recording of the Lot Line Adjustment.
SECTION VI: AGENCY COMMENTS
Service providing utilities will have the opportunity to review the proposal and decision
within the 10 day appeal period and may request reconsideration of the decision if it may
adversely affect the utility's or fire district's abilities to provide service to the subject
properties or the neighboring properties.
NOTICE OF DECISION MIS 96-0007-FREEMAN/ALPINE ADJUSTMENT Page 4
• •
SECTION VII: PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THE.DECISION SHALL BE.FINAL ON JUNE•3, 1996
UNLESS AN APPEAL IS FILED.
Appeal:
Any party to the decision may appeal this decision in accordance with Section
18.32.290(A) and Section 18.32.370 of the Community Development Code that provides
that a written appeal must be filed with the City Recorder within 10 days after notice is
given and sent. The appeal fee schedule and forms are available from the Planning
Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
THE DEADLINE<FOR:FILING:OF AN-APPEAL IS 3:30...P M. ON'JUNE:.3; 1996... :
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.
L May 22. 1996
PREPARED BY: Mark Roberts, AICP DATE
Associate Planner•
.� � ■ ,�� May 22. 1996
APPROVED BY: Richard Bevye dorff DATE
Planning Manager
NOTICE OF DECISION MIS 96-0007-FREEMAN/ALPINE ADJUSTMENT Page 5
Z
co
c0
ui
0
rn
,00•€;
O
O
N C,)
Ui p
3NIl
3S LL I'S I
G
AS M3N L9L'£
JS 1VNIOI2J0 9t•t+'£l
jZ
3N11 J112J3d021d 1VNI012J0
�i a 8l
I'S 9ti8 S
9S•OL
Al2J3d02Jd M3N
,OZ"OZ
w
0
3Nl
Al2J3d02Jd M3N
0
0°
J5•
0£•G
3SOOOH ONLLSIX3
CZ
1
AS M3N £l5•ll
JS 1VNI01210
M „69,06.20 S
,L9'L I l
AS £00'ZI
Z
.S SOS
19 � co
m c�
co
Z '1r
X IN
N
,00.01 --,
3S OLL'6
L
DS Z69.01
9Z
J
N
J
CITY OF TIGARD PLANNING DEPT . . .&
1---. yam, _-- _ - __.
45 7•\* ■ .-iiiiiisc,
1% ■ -- ° 1' • lieo
: ■
: A■ 4*
1.. • *Ile :
,o.v ge
imirs ***4 , .. ,4•%* A - He-,a1
Auk • i4- *- 1 1 P i
1 a
L'sHil DR 116 '
lomat ma t S..40i 1- :
! cu
: ci
I1i 114, Al ar 0
0 .
1 - - ' 1-iP• .410 I° ra d.)
AI 4 . b,, s, on
_-- ..-' , IkirlirilTiiii i -g . '
-4--‘ (4)- Ailtit . At Woo No • E
: - FI) . svmzm .4*■it---- M E 011 A ' k ME .-(S1-' • '
: --- lecAl is
•- as II -
'bail p 11. . 72 ..
• ,;- cu
, .. ,
4 w FT
:uu 1,smRp___
_________I may i
Ww1111 . :
ilt IV# 4,11.1 4-1! 4. 'NiID1,
--- 1..6 7 .. 41* -4A%' — li l
1. A-- t-- U
Vicinity Map A MIS 96-0007
Note: Map is nmroscaie FaemaNAlpine L.L.A.
LOT LINE ADJUSTMENT APPLICATION •
CITY OF TIGARD, 13125 SW Hall, PO Box 23397 FOR STAFF USE ONLY
Tigard, Oregon 97223 - (503) 639-4171
CASE NO. /\A-1-7--S d O
1. GENERAL INFORMATION OTHER CASE NO'S: Px7/4-
RECEIPT NO.
PARCEL 1 1 36 3q 5-1,0 A/pit, "�/i APPLICATION ACCEPTED D �S
PROPERTY ADDRESS Lot 23 "Hillshire Summit NO. 2" DATE: O� G
TAX MAP AND LOT NO. 2s 1 9BA ` -N - "�
Application elements submitted:
PROPERTY OWNERS ' 5∎e,siv ( D41... D J W.
� Application form (1)
ADDRESS 0 /�i7Lf PHONE Vp4- I15
1 (B) Owner's signatures /
CITY \....049., t„ '�,,a CC54- Q ZIP \1035 ritten authorization
>�1 i'ke
PARCEL 2 13757 i u (C) Title transfer instrmt
PROPERTY ADDRESS Lot 24 "Hillshire Summit No. 2” (1)
,
_ �_ 6 (D) Assessor's map (1)
TAX MAP AND LOT NO. 2s 1 9BA c
Preliminary Map
PROPERTY OWNERS E.A. .ccreO vhA,.) ( 6 copies),
ADDRESS %%O RP, IIPDA 054 PHONE (Ce''-5 5 11/(F) List- .,f at, to g „
'�1 X35 s
t v s--
CITY • - 0 ZIP
•
(G) Filing fee ($50)
APPLICANT*/AGENT j /QEW►!ko)
3n5 DATE DETE• D 0 BE COMPLETE:
ADDRESS 5 PlvrLL. PHONE - 2.0 - 1
CITY • ZIP FINAL DECISION DEADLINE: Q /5. 9A6
*When the owner and the applicant are different COMP. PLAN/ZONE DION:
the applicant must be the purchaser of record '^A ; /nos DESIGNA Q 7(Pp
or a lease in possession with written authorization �"'l �/
from the owner or an agent of the owner with written thrilwerinnwasu tI/ - "
authorization. The owner(s) must sign this
application in the space provided on page two or Planning Director Approval Date
submit a written authorization with this application.
5/23A
2. PROPOSAL SUMMARY
The owners of record of the subject property Final Approval Date:
request permission to adjust 2 •
(number) Planning: ,
parcels of 11 ,854 sf and 13,446 sf Engineering:
(acreage or square footage)
into 2 parcels of 11 ,531sfand13,787sf ,. Date Recorded and Number:
(number) - (acreage or square footage)
bkm/LTLNEADJ.WPF
•
•
.
3. List any variance, conditional uses, or other land use actions to be considered
as part part of this application: Reserving a private storm drainage easement
over that portion of lot 24.
4. Applicants: To have a complete application you will need to submit attachments
described described in the attached information sheet at the time you submit this
application.
5. THE APPLICANT(S) SHALL CERTIFY THAT:
A. The above request does not violate' any deed restrictions that may be
attached to or imposed upon the subject property.
B. 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.
C. 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.
D. 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. JJ
• DATED this day of /a.•f 192!p
SIGNATURES of each owner (eg. husband and wife) of the subject property. •
I piVVOv OCR lfi
%00/
lark' a3<
•
- --
uilY Or 1 ft.J0Pb — Hrt:1-.1P1 HOr
1..:HhCK 0NOUNi
S Ii1N Ft; F- c 41Y11 1,1 LI,
V 1 I...Pp*rs,r1 PIA OIL IA I 01:-.1 F-
PO 00X ii. '54 00 t t
( k
It' Poymi-N1 1.-1111...n.IN I Pt.-I I 0 1.‘‘JI-att.II-4:., 11F 1-4.111C-N I H1,411 IN I 1-1.11,)
HN.1)
/
)6 .1..1 1...1L■1 P11:1-4
I : 1 !Ott 4 , •-• )
• •
A
I
City of Tigard,Oregon
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington )ss. 7
City of Tigard )
I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say:
that I am an Administrative Specialist II for The City of Tigard, Oregon.
❑ That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR:
(Cheek box above,if applicable) (check appropriate box below) (Enter Public Hearing Date above)
O City of Tigard Planning Director
❑ Tigard Planning Commission
O Tigard Hearings Officer
❑ Tigard City Council
17_( That I served NOTICE OF (AMENDED ❑) DECISION FOR:
(chedc box above,Capplicable) City of Tigard Planning Director
❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR:
(Cheat box above,u applicable} (check appropriate box below)
❑ City of Tigard Planning Director
O Tigard Planning Commission
❑ Tigard Hearings Officer
❑ Tigard City Council
❑ That I served OTHER NOTICE OF FOR: I
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S)
of which is attached, marked Exhibit "A", wa abed to each n- m ed person(s) at the address) shown on the
attache• t(s), marked Exhibit"=" on the s day of //� 1994, , and deposited
in the n. ed States Mail on tr .. , A ' d,.y of //�. - ' 199 ' , postage prepaid.
/�/, �1.A 1A4�.1
Pre•ared Notice�� I
A
Subscribed and sworn/affirmed before me on the ` day of 0 %.rl / i, 196
I.''!. OFFICIAL SEAL
1 �t:•t_ h
»,a DIANE M JELDERKS , 1411,/ J r N07ARY PUBLIC•OREGOIV„� COMMISSION NO.REDO - _. i , •e�
MY COMMISSION{:XC'IRES SEPTEMBER 07,1999 NOTARY PUBLI FF OREGON
My Commission • xpires: '/7 f,6
t7'7FILE INFO.:G�i /rfLf>Le NAME(S): F4 /2.O
CASE NO.(S):
TYPE OF NOTICE&DATE:
• •
EXHIBIT A
NOTICE OF DECISION
." LOT LINE ADJUSTMENT (MIS) 96-0007 u Ii
CITY OF TIOARD
FREEMAN/ALPINE LOT LINE ADJUSTMENT
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: FREEMAN/ALPINE ADJUSTMENT
Lot Line Adjustment MIS 96-0007
PROPOSAL: The applicant has requested to adjust approximately 331 square feet
between Lots 23 and 24 in the Hilllshire Summit Subdivision.
APPLICANT: Ed Freeman OWNER: Same -
P.O. Box 1754
Lake Oswego, OR 97035
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential (7-12 dwelling units per acre).
ZONING
DESIGNATION: R-7 (Planned Development).
LOCATION: 13689 and 13757 SW Alpine View; WCTM 2S109BA, TAX LOT HS
223 and HS 224.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.52 and 18.162.
SECTION II: DECISION:
Notice is hereby given that the City of Tigard:Community Development Directors designee
has APPROVED the above request subject to conditions:
The findings and conclusions on_which,the decision:is based are noted in Section IV
NOTICE OF DECISION MIS 96-0007-FREEMAN/ALPINE ADJUSTMENT Page 1
•
CONDITIONS OF APPROVAL
PRIOR TO THE RECORDING THE LOT LINE ADJUSTM•ENT, THE FOLLOWING
CONDITION SHALL BE SATISFIED:
(Unless otherwise noted, the staff contact shall be John Hadley,
Engineering Department(503) 639-4171
1. A lot line adjustment survey map and legal descriptions showing the existing and
proposed lot lines shall be reviewed and approved by the Engineering Department.
The survey map shall include all access and utility easements.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III: BACKGROUND INFORMATION
Site History:
The area has been designated for Medium Density Residential use since the
Comprehensive Plan was adopted in 1983. The affected parcels were created as a part of
the Hillshire Summit Subdivision that was approved in 1991.
Site Information and Proposal Description:
One of the properties is presently vacant, the other is being developed. The lot line
adjustment involves a 331 square foot area where additional land area is to be added to
Lot 24 from Lot 23.
Vicinity Information:
The affected properties are adjoined by other parcels within the Hillshire Development.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Lot Line Adjustment -Approval Standards: Section 18.162.060 contains the following
standards for approval of a lot line adjustment request:
1. An additional parcel is not created by the Lot Line Adjustment, and the existing
parcel reduced in size by the adjustment is not reduced below the minimum lot
size established by the zoning district;
NOTICE OF DECISION MIS 96-0007-FREEMAN/ALPINE ADJUSTMENT Page 2
• I
2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation
of the site development or zoning district regulations for that district; and
3. The resulting parcels are in conformity with the dimensional standards of the
• zoning district.
The proposed lot line adjustment is consistent with these standards. The proposed
adjustment will reconfigure the lot lines but no additional parcel will be created by the
adjustment. Because the subdivision was developed as a Planned Development, no
minimum lot size applies to these properties. The 50-foot average width standard also does
not apply. All existing site improvements of the home on Lot 23 comply with the applicable
development standards. Future site improvements on Lot 24 will be required to comply with
the setback standards of the zoning district.
Special Provisions for Lots Created Through The Partition Process: Section
18.162.060 states that in addition to meeting the above standards, a Lot Line
Adjustment must also meet the following criteria applicable to lots created through
the Minor Land Partition process:
1. Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district.
2. Lot Area: The lot area shall be as required by the applicable zoning district. In
the case of a flag lot, the accessway may not be included in the lot area
calculation.
3. Lot Frontage: Each lot created through the partition process shall front a
public right-of-way by at least 15 feet, or have a legally recorded minimum 15
foot wide access easement.
4. Setbacks: Setbacks shall be as required by the applicable zoning district.
5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the
developer may determine the location of the front yard, provided that no side
yard is less than 10 feet. Structures shall generally be located so as to
maximize separation from existing structures.
6. Screening on Flag Lots: A screen shall be provided along the property line of a
lot of record where the paved drive in an accessway is located within ten feet of
an abutting lot in accordance with Sections 18.100.080 and 18.100.090.
Screening may also be required to maintain privacy for abutting lots and to
provide usable outdoor recreation areas for proposed development.
7. Fire Protection: The fire district may require the installation of a fire hydrant
where the length of an accessway would have a detrimental effect on fire
fighting capabilities.
NOTICE OF DECISION MIS 96-0007-FREEMAN/ALPINE ADJUSTMENT Page 3
. • I
8. Reciprocal Easements: Where a common drive is to be provided to serve more
than one (1) lot, a reciprocal easement which will ensure access and
maintenance rights shall be recorded with the approved partition map.
• 9. Accessway: Any accessway shall comply with the standards set forth in
Chapter 18.108; Access, Egress, and Circulation.
10. Floodplain: Where landfill and/or development is allowed within or adjacent to
the one-hundred-year floodplain, the City shall require the dedication of
sufficient open land area for greenway adjoining and within the floodplain.
This area shall include portions at a suitable elevation for the construction of a
pedestrian/bicycle pathway with the floodplain in accordance with the adopted
pedestrian/bicycle pathway plan.
Criterion 1 and 2 are not applicable because no average lot width or area standard's are
required to be maintained within a Planned Development project. Criteria 3 is satisfied as the
lots would have a minimum of 94.30 feet of frontage on SW Alpine View. Criteria 4 is
addressed because the existing residence continues to comply with the setback standards
of the R-7 Zoning District. New development on Lot 24 will also be required to comply with
the setback requirements of the R-7 Zoning District prior to the issuance of Building Permits.
Criteria 5 and 6 are not applicable as these lots are not flag lots. Fire hydrants shall be
consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Criteria 8 is not
applicable as these lots do not share a common driveway. Criteria 9 concerning access to
each parcel has been satisfied on Lot 23. Site access will be required to be addressed
during the development of Lot 24. Criteria 10 is not applicable as neither parcel is within the
floodplain.
SECTION V: OTHER STAFF COMMENTS
The City of Tigard Engineering Department and Building Division have reviewed the
proposal and have offered no comments or objections. The Engineering Department will
complete a detailed review of the submitted Lot Line Adjustment survey map and legal
descriptions prior to recording of the Lot Line Adjustment.
SECTION VI: AGENCY COMMENTS
Service providing utilities will have the opportunity to review the proposal and decision
within the 10 day appeal period and may request reconsideration of the decision if it may
adversely affect the utility's or fire district's abilities to provide service to the subject
properties or the neighboring properties.
NOTICE OF DECISION MIS 96-0007-FREEMAN/ALPINE ADJUSTMENT Page 4
I !
SECTION VII: PROCEDURE AND APPEAL INFORMATION
Notice:
• Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THE DECISION SHALL BE FINAL ON JUNE 3; 1996.
:;UNLESS AN APPEAL IS F LED:
Appeal: .
Any party to the decision may appeal this decision in accordance with Section
18.32.290(A) and Section 18.32.370 of the Community Development Code that provides
that a written appeal must be filed with the City Recorder within 10 days after notice is
given and sent. The appeal fee schedule and forms are available from the Planning
Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
THE DEADLINE FOR;FILING OF AN APPEAL IS 3:30 PAL ON JUNE 3, 1996.
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 22, 1996
PREPARED BY: Mark Roberts, AICP DATE
Associate Planner
1 May 22, 1996
APPROVED BY: Richard Bevy-Irdorff DATE
Planning Manager
NOTICE OF DECISION MIS 96-0007-FREEMAN/ALPINE ADJUSTMENT Page 5
1
3 r 0
y0
co z m
0 > Z
✓ 0
e
co
m
z
N
r w o r.
ti csi
AS M3N L9L'£l
Z I AS lVNI0180 91x4'£l
PI t Z
400
P1
,00'SZ
3NI1 Al2l3d021d 1VNI01d0
`gym`\M 8f*t
.v Loi — =
rn 'SS 9179---.' — S
9S'OL
M
3NI1 Alil3d021d M3N
,OZ•0Z
l0
W
0
AS LL l'S t
5Z
cif
3NIl �='
A1213d02:Id M3N
0
tgg.
o°
3S110H ONILSIX3
CZ
1
AS M3N
AS 1VNI0180 4S9'tl
M „65,0420 S
,L9'L l l
AS £OO'Z l
ZZ
4-I'S SOS �.cb AS 0LL'6
.lg�s,0 /Z
r O z
171 0 go
o
w
IN
r N A
0I)
m
N
z I
,00'01, lI
I
1
oriS Z69'0l
cD. Z
J
J
CITY OF TIGARD PLANNING DEPT.
•
i%
4-‘ *44. % % 'Elki, '
. 440 4. 4 *Ilte
is • -/ s # At*
e/ 4 e ..so.._ 111 Aa•
, alli • 4- _41
bloat kk, * trial
i _ , s Ilk -46;or _ a
( 1... . 0
1 .r - 40 Wm tra °
CC N'6'1 ' I Y Ali . T" r ae a E
-1 : Alitt ' 411m1 MO -E
SMVI74R 4fit " O'll AL. k vi C9
L--1 I-4
' . • MN E ri
ill it p_
,,,fil I 16 ' IF
ink: II# 1•111114 : iii. it,
L &.0#•&64A01 1114/4744N
w ** ,5-10 ._•_
. . • *k . MILI c)
xi, ■+ ft . ,m 1
Vicinity Map n FMIrceSneNOpOnD7 L
.L.A
Note: nkDaMroswle
2S1098q.04300
9R4SW N, WILLIAM J&GRETCH
ORT 29T1.1 EN
LAIyD'Ofi, 97219 �[r�
0
2S 1098q_04200 E"'i TI/E I T
FRE i
2S1o98q_045p0 ESN'EDWARD F
SIERRA LAKE OX 1754
LgKEO 54I FIC DEVELOPMENT INC
OSWEGO OR OSWEGO,OR 97035
97035 2S1098q-04400
SIERRA PACIFIC p
2S1098q_p4j00
SIERRA P PO 80X 1754 EVELO-
ACIFIC p r NC•PO BOX 17 EVELnpMENT INC O
GO' R 97035
OSwEGO,OR 97035
SIERRA�-04000
2810913A-04600 R ACIFIC DEVELOPMENT
VASILCEIEN 2 54
PORTLgNDgyLORI4DIMIR EGO,OR 97035
OR 97068
• • •
OREGON TITLE INSURANCE COMPANY Lake Oswego Branch
4550 Kruse Way, Ste 175
Lake Oswego, Oregon 97035
(503) 635-8851 FAX 635-9187
SUPPLEMENTAL
PRELIMINARY TITLE REPORT
FOR ISSUING TITLE INSURANCE
Date Prepared: March 7, 1996
Oregon Title Insurance Company
4550 Kruse Way, Ste 175
Lake Oswego, Oregon 97035
Attn: Vicki Gillespie
Reference:
ORDER NO : 863414w
PARTY REF: SIERRA PAC. & WINDWOOD/FUDGE
PROP ADDR: 13689 SW Alpine View Lane .Tigard, OR 97224
OTHER REF: WA, a3
OREGON TITLE INSURANCE COMPANY is prepared to issue title insurance, insuring
title of the land shown on Schedule A, subject to the exceptions shown on
Schedule B. The proposed policy or policies and indorsements are shown on
Schedule A. Issuance of the policy or policies is conditioned on payment of
the full premiums, and on recordation of satisfactory instruments establishing
the interests of the parties to be insured.
This report is based on the condition of title as of the effective date shown
on Schedule A. Matters arising after the effective date may affect this
report. New exceptions will appear for matters arising through the proposed
transaction. Any change in the amount of insurance or type of coverage may
cause the premium to change.
This report is for the exclusive use of the principals to the contemplated
transaction, and the company does not have any liability to any third parties.
Until all necessary documents are placed of record, the company reserves the
right to cancel, amend or supplement this preliminary title report for any
reason.
Any questions concerning this preliminary title report may be directed to:
Vicki Gillespie
•
• • •
SCHEDULE A, Page No. 1
Order No. 863414w
1. The effective date of this preliminary title report is 5:00 P.M. on
March 1, 1996
2. The policies and indorsements to be issued and the related charges are:
Policy/Indorsement Description Charge
ALTA Standard Owner's for $424,263.00 786.50
ALTA Extended Lender's for $339,410.00 310.00
Lender Indorsements 100, 116, 8.1 50.00
Government Service Fee 20.00
3. Fee simple interest in the land described in this report is owned,
at the effective date b
SIERRA PACIFIC DEVELOPMENT, INC. , an Oregon corporation
4 . The land referred to in this report is described as follows:
Lot 23, according to the duly filed plat of HILLSHIRE SUMMIT NO. 2, in
the City of Tigard, filed June 20, 1995, in Plat Book 97, Pages 50, 51
and 52, Records of the County of Washington and State of Oregon.
• •
Order No. 863414w Effective Date: 5:00 P.M. on March 1, 1996
SCHEDULE B, Page No. 1
Except for the items properly cleared through closing, the proposed policy or
policies will not 'insure against loss or damage which may arise by reason of the
following:
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; proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records.
2. Any facts, rights, interest, 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, not shown by the public
records; unpatented mining claims; reservations or exceptions in patents or
in acts authorizing the issuance thereof; water rights or claims or title to
water.
4. Any lien, or right to a lien, for taxes, worker' s compensation, services,
labor, equipment rental or material, heretofore 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.
6. Taxes for the year 1995-96
Original Amount $844.14
Tax Amount , : $844 .14
Unpaid Balance $844.14 plus interest, if any.
Code No. 023 .74
Key No. R2050508
Map No. 2S19BA-04100
7. Municipal liens, if any, imposed by 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. No search has been
made or will be made for water, sewer or storm drainage charges unless the
• City claims them as liens and reflects them on its lien docket on or before
the date of closing. Buyers should check with the appropriate City bureau
or water and sewer district and obtain a final reading. Such charges are
not adjusted in escrow.
8. The subject property lies within the boundaries of the Unified Sewerage
Agency and is subject to the levies and assessments thereof.
(Continued)
.• •
SCHEDULE B, Page No. 2
Exceptions, Continued Order No. : 863414w
9. Public utility easement as dedicated or delineated on the recorded plat of
HILLSHIRE SUMMIT NO. 2.
Affects 8 feet in width along the frontage of all lots abutting
public streets
10. Private storm drainage easement as dedicated or delineated on the recorded plat
of HILLSHIRE SUMMIT NO. 2.
Affects 10 feet in width along the North lot line
11. Conditions, restrictions and/or setbacks as disclosed by the recorded plat of
HILLSHIRE SUMMIT NO. 2,
Recorded June 20, 1995 in Plat Book 97 Pages 50, 51 and 52
12. Covenants, conditions, restrictions, easements and/or setbacks including the
terms and provisions thereof, imposed by instrument,
Dated June 21, 1995
Recorded June 22, 1995 as Recorder's Fee No. 95042863
NOTE: This exception omits from said instrument any covenant, condition or
restriction based on race, color, religion, sex, handicap, familial status or
national origin as provided in 42 USC Sec. 3604, unless and only to the extent
that the covenant, condition or restriction (a) is not in violation of state or
federal law, (b) is exempt under 42 USC Sec. 3607, or (c) relates to a handicap,
but does not discriminate against handicapped people.
13. Trust Deed, including the terms and provisions thereof,
Dated August 11, 1995
Recorded August 24, 1994 as Recorder's Fee No. 95059354
Grantor(s) : Sierra Pacific Development, Inc. ,
an Oregon corporation
Trustee Oregon Title Insurance Company
Beneficiary Washington Mutual Bank, a Washington corporation
Amount $318,750.00
Loan Number 01-988-570529-8
NOTE: If title is to be acquired by the trustee (s) of a trust, the Company
requests that a copy of the trust instrument creating the trust and all
amendments thereto be furnished for examination, together with a sworn, written
verification by all trustees that the copy of the trust submitted is a true and
correct copy of the trust, as it may have been amended, that it is in full force
and effect, and that it has not been revoked or terminated. OTIC Form No. 434
is available upon request for this purpose. In lieu of the trust instrument and
amendments, the trustee(s) may furnish a certification of the trust pursuant to
ORS 128 .232 through 128 .246. OTIC Form 434A or an equivalent form will be
required and is available upon request . Title officer review and approval is
required for any certification used in an insured transaction.
(Continued)
• •
SCHEDULE B, Page No. 3
Exceptions, Continued Order No. : 863414w
NOTE: We find no judgments, federal or state tax liens against:
Bradley P. Fudge or Kitty C. Higgins-Fudge.
OREGON TITLE INSURANCE COMPANY
By: 40 B _
M. elle L. Hoke
NW/SMS/jk/jk
cc: Meadows Group Realtors, Inc.
Attn: Heather Adams/Paige M.
Sierra Pacific Development
Windwood Homes, Inc.
Attn: Dale Richards
Mr. and Mrs. Fudge
ORE. GON TITLE INSURANCE COMPANY Lake Oswego Branch
4550 Kruse Way, Ste 175
Lake Oswego, Oregon 97035
(503) 635-8851 FAX 635-9187
PRELIMINARY TITLE REPORT
FOR ISSUING TITLE INSURANCE
Date Prepared: April 30, 1996
Oregon Title Insurance Company
4550 Kruse Way, Ste 175
Lake Oswego, Oregon 97035
' Attn: Vicki Gillespie
Reference:
ORDER NO : 864761w
PARTY REF: WINDWOOD HOMES/BADER
PROP ADDR:
OTHER REF: Lot 24, HILLSHIRE SUMMIT NO. 2
OREGON TITLE INSURANCE COMPANY is prepared to -issue title insurance, insuring
• title of the land shown on Schedule A, subject to the• exceptions shown on
Schedule B. The proposed policy or policies and indorsements are shown on
Schedule A. Issuance of the policy or policies is conditioned on payment of
the full premiums, and .on recordation of satisfactory instruments establishing
the interests of the parties to be insured.
This retort is based on the condition of title as of the effective date shown
on Schedule A. Matters arising after the effective date may affect this
report . New exceptions will appear for matters arising through the proposed
transaction. Any change in the amount of insurance or type of coverage may
cause the premium to change.
This resort is for the exclusive use of the principals to the contemplated
transaction, and the company does not have any liability to any third parties .
Until all necessary documents are placed of record, the company reserves the
right to cancel, amend or supplement this preliminary title report for any
reason.
Any questions concerning this preliminary title report may be directed to:
Vicki Gillespie
•
•
• •
SCHEDULE A, Page No. 1
Order No. 864761w
1. The effective date of this preliminary title report is 5:00 P.M. on
April 22, 1996
2. The policies and indorsements to be issued and the related charges are:
Policy/Indorsement Description Charge
ALTA Standard Owner's for $414, 941 .00 773 .50
ALTA Extended Lender's for $ 290,441.00 284 .38
Lender Indorsements 100, 116, 8 .1 50.00
Government Service Fee 20.00
3. Fee simple interest in the land described in this report is owned,
at the effective date, by:
EDWARD F. FREEMAN
4 . The land referred to in this report is described as follows:
Lot 24, according to the duly filed plat of HILLSHIRE SUMMIT NO. 2, in
the City of Tigard, filed June 20, 1995, in Plat Book 97, Pages 50, 51
and 52, Records of the County of Washington and State of Oregon.
. •
Order No. 864761w Effective Date: 5:00 P.M. on April 22, 1996
SCHEDULE B, Page No. 1
Except for the items properly cleared through closing, the proposed policy or
policies will not insure against loss or damage which may arise by reason of the
following:
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; proceedings by a public agency which may result in taxes
er assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records.
2 . Any facts, rights, interest, or claims which are not shown by the public
records but which could be ascertained by an inspection of said land or by
raking 'inquiry of persons in possession thereof.
3 . E asements, claims of easement or encumbrances, not shown by the public
records; unpatented mining claims; reservations or exceptions in patents or
in acts authorizing the issuance thereof; water rights or claims or title to
water.
4 . Any lien, or right to a lien, for taxes, worker' s compensation, services,
labor, equipment rental or material, heretofore or hereafter furnished,
imposed by law and not shown by the public records .
5 . =iscrepancies, conflicts in boundary lines, shortage in area, .encroachments,
,.r any other facts which a correct survey would disclose.
6 . Taxes for the year 1995-96
Original Amount $844 .14
Tax Amount $844 .14
Unpaid Balance $844 .14 plus interest, if any.
Code No. 023 .74
Key No. R2050509
Map No. 2S19BA-04200
7. Municipal liens, if any, imposed by 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. No search has been
made or will be made for water, sewer or storm drainage charges unless the
City claims them as liens and reflects them on its lien docket on or before
the date of closing. Buyers should check with the appropriate City bureau
or water and sewer district and obtain a final reading. Such charges are
not adjusted in escrow.
8. The subject property lies within the boundaries of the Unified Sewerage
Agency and is subject to the levies and assessments thereof.
(Continued)
• •
SCHEDULE B, Page No. 2
Exceptions, Continued Order No. : 864761w
9. Public utility easement as dedicated or delineated on the recorded plat of
HILLSHIRE SUMMIT NO. 2 .
Affects 8 feet in width along the frontage of all lots abutting
public streets
10. Private storm drainage easement as dedicated or delineated on the recorded plat
of HILLSHIRE SUMMIT NO. 2 .
Affects Northeasterly portion
11. Conditions, restrictions and/or setbacks as disclosed by the recorded plat of
HILLSHIRE SUMMIT NO. 2,
Recorded June 20, 1995 in Plat Book 97 Pages 50, 51 and 52
12. Covenants, conditions, restrictions, easements and/or setbacks including the
terms and provisions thereof, imposed by instrument,
Dated June 21, 1995
Recorded June 22, 1995 as Recorder' s Fee No. 95042363
NOTE: This exception omits from said instrument any covenant, condition or
restriction based on race, color, religion, sex, handicap, familial status or
national origin as provided in 42 USC Sec. 3604, unless and only to the extent
that the covenant, condition or restriction (a) is not in violation of state or
federal law, (b) is exempt under 42 USC Sec. 3607, or (c) relates to a handicap,
but does not discriminate against handicapped people.
13. Trust Deed, including the terms and provisions thereof,
Dated March 29, 1996
Recorded April 2, 1996 as Recorder's Fee No. 96023447
Grantor(s) Sierra Pacific Development, Inc. ,
an Oregon corporation
Trustee Oregon Title Insurance Company
Beneficiary Sheela S. Paranjpe
Amcunt $300, 000.00
NOTE: We find the following unsatisfied judgment against names similar to
Edward Freeman:
. A judgment in the Circuit Court for Washington County, for the amount (s) herein
stated and any other amounts due:
Case/Transcript No. TC870361
Entered June 24, 1987
Debtor(s) Ed Freeman and Skyland Construction Co. abn
Freeport Properties Ltd.
Creditor(s) Theodore F. Argo III dba Argo/Architect/AIA
Amount (s) $1,344 .59 plus $66 .30 costs, plus interest, if
any
Said judgment was transcribed from the District Court for Washington County,
where it was originally docketed under Case No. SC-13567 on April 3, 1987.
(Continued)
i •
SCHEDULE B, Page No. 3
Exceptions, Continued Order No. : 864761w
NOTE: We find no judgments, federal or state tax liens against:
Windwood Homes, Richard M. Bader or Jerre Ann Bader.
OREGON TITLE-INSURANCE '• •cVY
BY:
Michelle L. Hoke
SMS/lcd
cc: Meadows Group Realtors
Attn: Heather Adams
Windwood Homes
Attn: Dale Richards
Mr. and Mrs. Bader
Tills MAP IS PROVIDED AS AORTESY OF OREGON TITLE INSURANCL•.I'ANY •
-. K • y N
' This map is mode solely for the purpose of assisting in lucaling said premises,
and the Company assumes no liability for variations,if any,in dimensions,areas,
and locations ascertained by actual survey. .
0
.
j ;jrr ' _ ?� _�r '*• 900"9x,000 „ W 0 N. l� S 3500 tp �� ° m 17
'_ ‘5.5:1', 5500 32 cc
3, m • �9g 6qS o. :i p 119.02/
aJS N R•�, a °1. 56 ,0 0 41 w `� 164.5" • a
64.65 3600 • >a.18 ti°; aye .•0r r oso" 69.oe . �m 800 ��
J 28'.10 '• m� .b 42 4900 41300 k n 16 j-' c
21 ` ^' Q
J e.1-' 0 H Q '_...., i
13 •1�° 5700 '°o n^ ti
JR r N N ,,!, V w p 30
124.ee .8 43 0-, '\ a,20 700 - 1
63.24 71.34 w 'LP J6>Q 45.1e ,o ml
•0 2700 ��6 5800 X6':6 , \m��^ ,��n 5 tk,,/ ,7.5 s o roe?' 15 of
n t, ti
1 _. g 44 � \,„:.(1, a y� rO�/ �{� �P.� 76.9e
ry 12 • N _ I?. ,v b. 4700 ,r •9
,v o 1J1�, f e e 4400 �f�f a,eo. r N o
IQ „ .b •I'
A ` 29 ?J 69 4' SW. Q.'''ti
ea, ? 0 5900 ^' >°' 26 a ~ `'s, , <RIDG
>1 ^ �� ,+ ^ 4500 q9' 600
riPINE qA' d . .� 45\< so tti9 4600 .h.
q. 3 Jv`f m p J
P.' . • �Ll J8.r8 9 b . 4300 27 g 28 me 14
. q),)
'p 9 a so.40,1.6, Ja ,,` �, 23.9>'0. '9. �> Ltl 0.
ti0. 2100 p•24 a���`` 13•' �$ �a1 ^ 25 4200 Je.d9 142.03 1 0
° V is a°20 44.91 1 97.12 Ltl t
�' A. '4 1j 6> 111 104.61
6 o e . °' e,>61 4,z m `�$ 4100 4000
A �� 6000 '`•08 ",' 24 . ',' - 300 40c
P. a 6100 23 ��`^ 22 " 0 11 -I--.
84.91 ,' 46 a '9 _
dry° 1 �7 �\' �9. J
' 47 0 1\ ez ''
�o P Q. ,` se.> .i0 Q 6200 Jvi J. '•3'' 111.92 102.50 61.59 143.28 8 4•63> t e ALPINE
.. ... . ... P
`b �' 6600 ro7 a'30 48 /�ti r 134 Tn. A L P I VIEW
°- 6500 160.30 6 ..._ .. , .....,-. .. .. ......:....- ..:,. .
• T:-:, `r9Jf �O?O �1 95042282 ( 61.86 ISII 87.62•
�0 �oJ 52 51 �� 6z I , 200 100
•o' 6700 mJ yob '9'06 4O� 6400 1400 m _
• 3.06 AC. o . c• 50 0 10 N 9 ..
IY .20 ' 53 ,�.�{� V w w
0
.P .9
a V Q- 129.97 _•4 ?p. Cr b^6300 I ` 79.97 94.83
0
r 8,2o 49 0• roo'
'0 w o 1300
B6 149.52 0° sl .864C.
eo
} h 6900 • R.6 23• TER 120(
ro' >8.97 • RACE A.
�: .1/A
b 7000 68.4, m
55 ry 7100 BB.JS 23178 I N
,,. b 7200 m
-al 56 z? A
57 m
N .
,� 58 N
%C T �B ?90.39 so =
6 >J 9.39 I 50.10
It" 89.34 21.14 ...-
R•:I.
'" '' .1 _ MOUNTAIN
• -`N ' ROAD'
• BULL-1- . s
w
1
•
EXHIBIT " B "
10.00 FEET WIDE PRIVATE
STORM DRAIN EASEMENT
FOR THE MUTUAL BENEFIT 0
OF LOTS 22, 23, 24, 28, 4
w 1 29,29, 30, 32, 33, 34, 35 & 36 'c-v-
.� •�•� 22
`V 12,003 SF
1--
28 :N' 117.67'
S 02'40 59 W
10,692 SFZ 11,854 ORIGINAL SF
11,513 NEW SF
LEGEND: 1
I..-- 10.00'
SET 5/8"X30" IRON ROD 25.00' •
INSCRIBED ALPHA ENGR., INC.
L 25.00'
3I 4 L w
N a 23 0 0
'� �l -../ — r)
oEXISTING HOUSE 4 ;
z °1
10.00, m �w
-'rte Z ZLo? 20.20' z
1 " = 40' 27 0 �s36," NEW PROPERTY LINE
9,770 SF 1505 S.: _ 5.30' A 00'O5' 4" W
00 8.55' �� ZN
o S 18;:.04:75 846 S F. to
^��iy M NEW PROPERTY 'n U 0 W
• • LINE ,T -
0`4 ORIGINAL PROPERTY LINE i >—
2
24 W
13,446 ORIGINAL SF I Z
N
I I 13,787 NEW SF
N. '� n. N pM J CL
CO V p C Q N
25 .�,. gso,
15,177 SF �j�o - ''
F / (/). .
CURVE TABLE:
•
CURVE I RADIUS I LENGTH I CHORD I BEARING I DELTA
•
C1 225.00' 6.34' 6.34' S 89'17'29" E 01'36'50"
C2 225.00' 113.34' 112.15' S 74'03'11" E 28'51'46"
C3 250.00' 200.25' 194.94' S 67'09'05" E 45'53'39"
PROPERTY LINE ADJUSTMENT DESIGNED BY RAJ
LOTS 23 AND 24 "HILLSHIRE SUMMIT NO. 2" DRAWN BY RAJ
LOCATED IN THE SOUTHWEST ONE-QUARTER REVIEWED BY MRG `r `.
OF SECTION 4 AND THE NORTHWEST ONE- DATE 5/2/96
QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH ALPHA ENGINEERING INC.
RANGE 1 WEST, WILLAMETTE MERIDIAN, SCALE 1"=40' PLANNING..DEVELOPMENT SERVICES-SURVEYING
CITY OF TIGARD, WASHINGTON COUNTY, PROJECT NO. 223-016 OFFICE 503-462-8003•FAX 503-452-8043
• OREGON. PLAZA WEST-SUITE 230.9800 SW OAK■PORTLAND,OR 97223