MIS1998-00009 • •
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N I E. OF DECISION
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SERVICE AREA -- , ..
CITY OF TIOA D
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ADJU
STMENT.
120 DAYS = 8/28/98
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: CITY OF TIGARD/CACH LOT LINE ADJUSTMENT
Lot Line Adjustment MIS 98-0009 .
PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the
common property line between tax lots 00300 and 00200 on WCTM
2S105DC. The adjustment will adjust the property line to the east to
create a 11.68 acre parcel and a 3.22 acre parcel.
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
OWNERS: City of Tigard Gerald and Joan Cach
13125 SW Hall Blvd. • 15160 SW Sunrise Lane
Tigard, OR 97223 Tigard, OR 97224
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential; 6-12 Units Per Acre.
ZONING
DESIGNATION: Residential, 7 Units Per Acre; R-7. The purpose of the R-7 Zoning
District is to establish standard urban medium density residential sites.
LOCATION: WCTM 2S105DC, Tax Lot 00200 and 00300 is west of Menlor Lane,
north of Bull Mountain Road and east of the west end of Baker Lane.
There is no street address for either property.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.52 and 18.162.
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 1 OF 6
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SECTION II: DECISION
: i pNotice ishereby giventhat the CityoTigard:CommuntY Developm...ent Directors designee
>; as: D the:above request::subject to certain conditions.
The fndingsand conclusions'on which the:decision;is.based;;are noted:in Section:IV:
•
CONDITION OF•APPROVAL
PRIOR:T.O THE RECORDING:OF:THE:LOT LINE ADJUSTMENT, THE FOLLOWING;:.::.
CONDITIONS SHALL BE SATISFIED: UNLESS:OTHERWISE:NOTED,THE STAFF CONTACT
S,HALfi BE BRIAN RAGER:IN::THE ENGINEERING DEPARTMENT:(503)
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 two (2) lots in question were created as part of Graham Acres Subdivision. The
current owners of one of the lots intends to sell a portion of their lot to the owner of the
second lot, through the lot line adjustment. On March 27, 1998, a lot line adjustment
involving the same two lots was approved by the Planning Director. The adjustment
rotated the property line 90 degrees to create the present 7.43 and 7.47 acre parcels.
Since the orginal adjustment, additional property exchange was discussed and agreed
upon. The present ajustment will move the line east approximately 220 feet as part of a
proposed transfer of approximately 185,091 square feet.
Vicinity Information:
The property is outside the city limits of the City of Tigard but within the Urban Growth
Boundary (UGB). The recognized zoning in this area is R-7. All properties surrounding
the site are zoned R-7 as well.
Site Information and Proposal Description:
Both lots are currently vacant with the exception of a barn on existing tax lot 00200
(proposed Parcel 2). The lot line adjustment will adjust the property line between tax lot
00200 and 00300 decreasing tax lot 00200 by 185,091 square feet to create a parcel of
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 2 OF 6
• •
140,422 square feet and increasing tax lot 00300 by the same amount to create a parcel
of 508,854 square feet.
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:
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;
Both lots are legal lots that will not be reduced below the minimum 5000 square feet in the
R-7 zone.
•
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
There is no residential structure on either of the lots. There is a shed which will be on
proposed Parcel 2. The location of this existing accessory structure in relation to the
proposed lot line, meets all required setbacks.
The resulting parcels are in conformity with the dimensional standards of the zoning
district.
The proposed Lot Line Adjustment is within the R-7 zoning district which requires 5000
square foot lots with a minimum frontage of 25 feet. Proposed Parcel 1 will have 11.68
acres of lot area with 50 feet of frontage on Baker Lane and access easements provided
along the northern property line. Proposed Parcel 2 will have 3.22 acres with two (2) access
points onto Menlor Lane, one is 115.64 feet and the other is 50 feet. The dimensional
requirements of the underlying zone are discussed in further detail in the following pages.
FINDING: Because the resulting parcels will be in conformance with the dimensional
standards of the zoning district, this criterion has been met.
SPECIAL PROVISIONS FOR LOTS CREATED THROUGH 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:
Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district.
The required lot width for lots zoned R-7 is 50 feet. The lot widths after the Lot Line
Adjustment will exceed the minimum lot width.
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 3 OF 6
• •
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.
The altered lot area for each lot will exceed the 5000 square foot minimum required in the
R-7 zone.
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
Lot frontage was addressed previously in this decision under Lot Line Adjustment - Approval
Standards.
Setbacks: Setbacks shall be as required by the applicable zoning district
Setbacks were discussed previously in this decision under Lot Line Adjustment - Approval
Standards.
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.
There are no residential structures on the lots at this time. This provision shall apply when
development is proposed.
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
Because there are no structures, this does not apply at this time.
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.
Because there are no existing residential structures, this standard does not apply. If and
when either lot develops, the site that is developing will be reviewed to insure adequate fire
protection accessibility.
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.
No reciprocal easements are required or proposed for this lot line adjustment.
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 4 OF 6
• •
Accessway: Any accessway shall comply with the standards set forth in Chapter
18.108; Access, Egress, and Circulation.
All frontages and access easements to the lots are of adequate width. At time of
development of either lot, accessways will be required to be improved to city standards.
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.
There is a small creek and associated wetlands running through proposed parcel 1. At this
time, no development is proposed. If and when parcel 1 is developed, it will be reviewed by
staff with consideration of the sensitive lands on the property.
FINDING: Because the Lot Line Adjustment proposal meets or exceeds the Special
Provisions for Lots Created Through the Partition Process as stated above
and required by 18.162.060, staff finds the criteria for approval have been met.
SECTION V: OTHER STAFF COMMENTS -
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 ten (10) day appeal period and may request reconsideration of the decision if it
may adversely affect the utilities or fire district's abilities to provide service to the subject
properties or the neighboring properties.
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
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 5 OF 6
•
Final Decision:
DATE OF FILING: MAY 15, 1998
THE:DECIION;SHALL.BE.FINAL:ON TUESDAY, MAY 26 '1998:::
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 ten (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.
:>'`�' < .......JC�#....:.O�A[3�.1h)•�:.�Q�:l 1�.�� :.O�.:AID.:A �'l:A�..CS.:.3..30:.R. ,:.M�41�`::28..:'�1�9�..::.:::.:::::::::::..
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 15. 1998
PREPARED BY: D aneberts DATE
•
Associate Planner
•
`-•. i • May 15. 1998
APPROVED BY: Richard Bewe'7 .orff DATE
Planning Manager
•
is\curpin\julia\mis\WACO.11a
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 6 OF 6
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CASE NOM&CASE NANIEISI:
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SITE P "URBAN SERVICE AREA"
MIS 98-0009
EXHIBIT MAP N CITY OF TIGARD/CACH LOT LINE ADJUSTMENT
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.' Tigard,OR 97223
(503)639.4171
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Community Development
s • I
LOT LINE ADJUSTMENT
, A
Aro oN` APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
PRE-APP.HELD WITH:
r.-:--.-.- :;-::- ::-:-:.-.:1 DATE OF PRE-APP.:
Property Address(s): W r' e
Ft3RSTAFFUSE ONLY:::> !:> < >.
Tax Map&Tax Lot(s):
: 2 1 C3
case
Property Owner(s): P:. >::». .... ...
Address: 13125 SW Hall Blvd hone:639-4171
A.. lication Acre B .::.::
P
City:: Ti ard. Oregon Zip: 97223
tY 9 9 P
W W DateDetermrre�To:;BeCam tete:'?'
.........................::.:..:::::. ...........
Pro a ttY Address s
u L
P
Tax Map&Tax Lot#(s):
S1 5 C 0
Property Owner( )
s : Gerald &Joan Cach
` Date'Etecocdedan
d
Address: 15160 SW Sunrise Lane Phone: 639-4137
�cu nlmasfestilaaifo :
City: Tigard. Oregon Zip: 97 �! ,.:;:. .,.,,.,,,,,,,,;,,;
Applicant"/Agent: same
Address: Phone:
City: Zip: REQUIRED SUBMITTAL ELEMENTS
*When the owner and the applicant are different people, the applicant Application Elements Submitted:
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) ❑ Application Form
must sign this application in the space provided on the back of this ❑ Owner's Signature/Written Authorization
form or submit a written authorization with this application.
❑ Title Transfer Instrument or Deed
PROPOSAL SUMMARY ❑ Preliminary Map (6 copies)
❑ Site/Plot Plan
The owners of record of the subject property request Lot Line (#of copies based on pre-app check list)
Adjustment permission to adjust:
❑ Site/Plot Plan (reduced 8%"x 11")
2 parcels of 323.763 sf and 325.513 sf ❑ Applicant's Statement
(number) (acreage or square footage)
(#of copies based on pre-app check list)
into 2 parcels of 508.854 sf and 140,422 sf ❑ Filing Fee$270.00
(number) (acreage or square footage)
1
* • •
.,
List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as
part of this application:
none
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 7/7 day of , 19 7e5
_ -7-- ,- ,%- t.v ./ t.„4,, , - 14/A i
Owner's Signature S ner's Signature
/.A.. c_ mfr/i
•wner's Signature Owner's Signature
2
1
• •
PACIFIC
8405 S.W.Nimbus Avenue
Beaverton,OR 97008-7120
` PARCEL 1 LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5.
IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN. IN
WASHINGTON COUNTY OREGON MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5; THENCE
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER
SECTION, A DISTANCE OF 154.96 FEET TO THE TRUE POINT OF BEGINNING
OF THE TRACT HEREIN DESCRIBED, SAID POINT BEARING NORTH 89°49'00"
WEST, A DISTANCE OF 0.63 FEET FROM A 1" IRON PIPE, SAID POINT ALSO
BEING THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN
A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED ON
NOVEMBER 8, 1968 IN BOOK 718, ON PAGE 367, OF THE WASHINGTON
COUNTY DEED RECORDS; THENCE CONTINUING NORTH 00°47'29" EAST
ALONG THE WEST BOUNDARY OF SAID QUARTER SECTION, A DISTANCE
OF 772.89 FEET TO THE NORTHWEST CORNER OF THAT TRACT DESCRIBED
IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED ON
OCTOBER 12, 1962 IN BOOK 472, ON PAGE 544, OF THE WASHINGTON
COUNTY DEED RECORDS, SAID CORNER BEARING NORTH 89°10'59" WEST, A
DISTANCE OF 1.04 FEET FROM A 3/8" IRON PIPE; THENCE SOUTH 89°10'59"
EAST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 624.11
FEET; THENCE SOUTH 01°00'50" WEST, A DISTANCE OF 10.03 FEET; THENCE
LEAVING SAID NORTH LINE SOUTH 18°56'57" WEST, A DISTANCE OF 182.02
FEET; THENCE SOUTH 26°53'15" EAST, A DISTANCE OF 298.08 FEET; THENCE
NORTH 88°37'17" EAST, A DISTANCE OF 12.63 FEET; THENCE SOUTH 00°37'36"
WEST, A DISTANCE OF 58.28 FEET TO THE NORTHWEST CORNER OF THAT
TRACT DESCRIBED IN A DEED RECORDED NOVEMBER 27, 1995 AS FEE NO.
95-086908 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH
00°31'09" WEST ALONG THE WEST LINE OF SAID TRACT, AND THE WEST
LINE OF THAT TRACT QUITCLAIMED TO JOAN L. CACH, RECORDED
JANUARY 21, 1977 AND RECORDED IN BOOK 1139, ON PAGE 919 OF THE
WASHINGTON COUNTY DEED RECORDS, A DISTANCE OF 260.21 FEET TO-
THE SOUTH WEST CORNER OF SAID QUITCLAIMED TRACT; THENCE NORTH
89°49'00" WEST ALONG THE SOUTH LINE OF THAT TRACT OF LAND
DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED
(503) 626-0455 Fax(503) 526-0775 Planning • Engineering • Surveying • Landscape Architecture ==
• •
ON NOVEMBER 8, 1968 IN BOOK 718, ON PAGE 367, OF THE WASHINGTON
COUNTY DEED RECORDS, A DISTANCE OF 719.88 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 508,854 SQUARE FEET 11.68 ACRES MORE OR
LESS.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OR GON
JULY 25, 1995
WILLIAM L FARRIER
2717
RENEWAL Z/3 I/99
• •
PACIFIC
8405 S.W.Nimbus Avenue
Beaverton,OR 97008-7120
PARCEL 2 LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN
WASHINGTON COUNTY, OREGON MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5, THENCE
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER
SECTION, A DISTANCE OF 927.85 FEET TO THE NORTHWEST CORNER OF
THAT TRACT DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L.
CACH, RECORDED ON OCTOBER 12, 1962, IN BOOK 472, ON PAGE 544, OF THE
WASHINGTON COUNTY DEED RECORDS, SAID CORNER BEARING NORTH
89°10'59" WEST, A DISTANCE OF 1.04 FEET FROM A 3/8" IRON PIPE; THENCE
SOUTH 89°10'59" EAST ALONG THE NORTH LINE OF SAID TRACT, A
DISTANCE OF 624.11 FEET; THENCE SOUTH 01°00'50", A DISTANCE OF 10.03
FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN
DESCRIBED; THENCE NORTH 88°41'59" EAST ALONG THE NORTH LINE OF
SAID TRACT, A DISTANCE OF 217.00 FEET TO THE NORTHWEST CORNER OF
THAT TRACT DESCRIBED IN A DEED TO CHRISTOPHER L. CACH AND SHERI
L. CACH BY DEED RECORDED JUNE 3, 1996 IN FEE NO. 96-33077 OF THE
WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 05°00'48" EAST
ALONG THE WEST LINE OF SAID TRACT, A DISTANCE OF 227.46 FEET TO
THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89°49'00" EAST
ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 180.12 FEET TO
THE WESTERLY RIGHT OF WAY LINE OF MENLOR LANE, 20 FEET FROM THE
CENTER LINE THEREOF, MEASURED PERPENDICULAR THERETO, AS
DEDICATED BY DEED RECORDED ON MAY 14, 1931 IN BOOK 147, ON PAGE
81 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH
04°12'11" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 115.64
FEET, TO THE NORTHEAST CORNER OF THAT TRACT DESCRIBED IN A DEED
TO ELTON C. PHILLIPS AND SABINA JEANNE PHILLIPS, RECORDED
NOVEMBER 12, 1968, IN BOOK 723, ON PAGE 730 OF THE WASHINGTON
COUNTY DEED RECORDS; THENCE NORTH 89°49'00" WEST ALONG THE
NORTH LINE OF SAID TRACT, A DISTANCE OF 182.00 FEET TO THE NORTH
WEST CORNER THEREOF; THENCE SOUTH 04°12'11" WEST, ALONG THE
WEST LINE OF SAID TRACT, A DISTANCE OF 110.05 FEET TO THE
SOUTHWEST CORNER THEROF; THENCE SOUTH 89°49'00" EAST ALONG THE
SOUTH LINE OF SAID TRACT, A DISTANCE OF 182.00 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF MENLOR LANE, 20 FEET FROM THE
CENTER LINE THEREOF, MEASURED PERPENDICULAR THERETO, AS
(503) 626-0455 Fax(503) 526-0775 Planning • Engineering• Surveying • Landscape Architecture ==
,� • •
rAi
DEDICATED BY DEED RECORDED ON MAY 14, 1931 IN BOOK 147, ON PAGE
81 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH
04°12'11" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 31.54
FEET TO AN ANGLE POINT, THENCE SOUTH 00°35'17" WEST ALONG SAID
RIGHT OF WAY LINE, A DISTANCE OF 18.28 FEET TO THE NORTHEAST
CORNER OF THAT TRACT DESCRIBED IN A DEED TO CLEVE D. WARD,
JANICE E. WARD, AND NEVE D. WARD BY A DEED RECORDED NOVEMBER
27, 1995 AS FEE NO. 95-086908 OF THE WASHINGTON COUNTY DEED
RECORDS; THENCE NORTH 89°48'09" WEST ALONG THE NORTH LINE OF
SAID TRACT, A DISTANCE OF 310.21 FEET TO THE NORTHWEST CORNER
THEREOF; THENCE NORTH 00°3T36" EAST, A DISTANCE OF 58.28 FEET;
THENCE SOUTH 88°37'17" WEST, A DISTANCE OF 12.63 FEET; THENCE NORTH
26°53'15" WEST, A DISTANCE OF 298.08; THENCE NORTH 18°56'57" EAST, A
DISTANCE OF 182.02 FEET TO THE POINT OF BEGINNING.
THE HEREIN DESCRIBED TRACT CONTAINS 140,422 SQUARE FEET, 3.22
ACRES MORE OR LESS.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
o/7.1 A/ l'IL
OREGON
JULY 25, 1995
WILLIAM L FARRIER
2717
RENEWAL iz. 3i
• .
PACIFIC
8405 S.W.Nimbus Avenue
Beaverton,OR 97008-7120
PARCEL 3 LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN
WASHINGTON COUNTY, OREGON MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5, THENCE
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER
SECTION, A DISTANCE OF 927.85 FEET TO THE NORTHWEST CORNER OF
THAT TRACT DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L.
CACH, RECORDED ON OCTOBER 12, 1962, IN BOOK 472, ON PAGE 544, OF THE
WASHINGTON COUNTY DEED RECORDS, SAID CORNER BEARING NORTH
89°10'59" WEST, A DISTANCE OF 1.04 FEET FROM A 3/8" IRON PIPE; THENCE
SOUTH 89°10'59" EAST ALONG THE NORTH LINE OF SAID TRACT, A
DISTANCE OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THE
TRACT HEREIN DESCRIBED; THENCE CONTINUING SOUTH 89°10'59" EAST
ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 224.11 FEET;
THENCE SOUTH 01°00'50" WEST ALONG THE NORTH LINE OF SAID TRACT, A
DISTANCE OF 10.03 FEET; THENCE SOUTH 18°56'57" WEST, A DISTANCE OF
182.02 FEET; THENCE SOUTH 26°53'15" EAST, A DISTANCE OF 298.08 FEET;
THENCE NORTH 88°37'17" EAST, A DISTANCE OF 12.63 FEET; THENCE SOUTH
00°37'36" WEST, A DISTANCE OF 58.28 FEET, TO THE NORTHWEST CORNER
OF THAT TRACT DESCRIBED IN DESCRIBED IN A DEED TO CLEVE D. WARD,
JANICE E. WARD, AND NEVE D. WARD BY A DEED RECORDED NOVEMBER
27, 1995 AS FEE NO. 95-086908 OF THE WASHINGTON COUNTY DEED
RECORDS; THENCE SOUTH 00°31'09" WEST ALONG THE WEST LINE OF SAID
TRACT, AND ON THE WEST LINE OF THAT TRACT QUITCLAIMED TO JOAN L.
CACH, RECORDED JANUARY 21, 1977 AND RECORDED IN BOOK 1139, ON
PAGE 919, OF THE WASHINGTON COUNTY DEED RECORDS,A DISTANCE OF
260.21 FEET TO THE SOUTHWEST CORNER OF SAID QUITCLAIMED TRACT;
THENCE NORTH 89°49'00" WEST ALONG THE SOUTH LINE OF THAT TRACT
OF LAND DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH
RECORDED ON NOVEMBER 8, 1968 IN BOOK 718, ON PAGE 367, OF THE
WASHINGTON COUNTY DEED RECORDS, A DISTANCE OF 219.88 FEET;
THENCE LEAVING SAID SOUTH LINE, NORTH 17°08'45" WEST, A DISTANCE
(503)626-0455 Fax(503) 526-0775 Planning • Engineering • Surveying• Landscape Architecture •=
}
•
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OF 324.61 FEET TO A POINT ON THE SOUTH LINE OF THAT TRACT
DESCRIBED IN SAID BOOK 472, PAGE 544; THENCE NORTH 00°4729" EAST, A
DISTANCE OF 458.57 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREIN DESCRIBED TRACT CONTAINS 185,091 SQUARE FEET, 4.25
ACRES MORE OR LESS.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
0
A. 0 GON
JULY 25, 1995
WILLIAM�L. FARRIER
RENEWAL gi
• •
AFFIDAVIT OF MAILING �m o TlOARD
s. Community Development
�_ �:' Shaping A Better Community
' GV\
STATE OT OREGON* ) • \I
County of Washington )ss. c) ' --- .
City of Tiigard )
I, (Patricia L. Lunsfor( being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the
City of Tigar4 Washington County, Oregon and that I served the following: '
(Cheek .... amts)eebe)
III NOTICE OF DECISION FOR: /IA 1 S ',' At '/9/1 fir_,i U r I 1 rai!I
❑ AMENDED NOTICE / (File tr -R R. •-) ,
I� City of Tigard Planning Director
O NOTICE OF PUBLIC NEARING FOR: 7—i I
❑ AMENDED NOTICE (File No.Name Reference) (Dated Ludic Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
O NOTICE OF FINAL ORDER FOR: Vi
❑ AMENDED NOTICE (File No/Name Reference) (Date a Pudic Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
❑ NOTICE OF: FOR: I
(Type/Kind d Notce) (File No./Name Reference) (Date of Public Hearing,if applicable)
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF ANAL ORDER/OTHER NOTICEISI of which is attached,
marked E1dtl6R "A", was mailed to each n d person(s) at the address(s) shown on the attached list(s), marked
F111111 '1" •n the /,5" day of Gr 1998, and deposited in the United States Mail on the
day of 1/; 1998,postage prepaid.
�. • :. ice. ii
(Perso - -t Pre•a zo • otice 1
Subscribed and sworn/affirmed before me on the /(t2 day of , 19Y(r.
�� OFFICIAL SEAL /
u^rr�.r DIANE M JELDERKS�?"� NOTARY PUBLIC-OREGON tel/ / t
®,;.;� COMMISSION NO.046142
MY COMMISSION EXPIRES SEPTEMBER 07,1999 NOTARY PUBLIC OF I
- My Commission Bores: 7/' '
• • EXHIBIT A
URBAN SERVICE;AREA k_
CITY OF ---
CITY F Ti
_:Q GARQ/GACH:LOT:LINE : :::: :::
... AQJUST
120 DAYS = 8/28/98 •
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: CITY OF TIGARD/CACH LOT LINE ADJUSTMENT
Lot Line Adjustment MIS 98-0009
PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the
common property line between tax lots 00300 and 00200 on WCTM
2S105DC. The adjustment will adjust the property line to the east to
create a 11.68 acre parcel and a 3.22 acre parcel.
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
OWNERS: City of Tigard Gerald and Joan Cach
13125 SW Hall Blvd. 15160 SW Sunrise Lane
Tigard, OR 97223 Tigard, OR 97224
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential; 6-12 Units Per Acre.
ZONING
DESIGNATION: Residential, 7 Units Per Acre; R-7. The purpose of the R-7 Zoning
District is to establish standard urban medium density residential sites.
LOCATION: WCTM 2S105DC, Tax Lot 00200 and 00300 is west of Menlor Lane,
north of Bull Mountain Road and east of the west end of Baker Lane.
There is no street address for either property.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.52 and 18.162.
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 1 OF 6
. • •
SECTION II: DECISION
• Notice:;is hereb: ;iven'thatrt e:Ci of:Ti g ard'Communi �.:Develo:�ment Director's::desi nee'.
Y 9 ty 9 tY p :
..... . ....
. . . .......
as :;:: :::: a a Oe reques su sec .o;ce ain con>... ons
e d s a d co c s o son which::#ted c5ohs:>ba5ed:ar' n
CONDITION OF APPROVAL
... ....... ...... ............ ...................... ... ........................................................ ..................... ....... ... ....... . ............................................. .... .
PRIOR T.O THE'RECORDING:0F.i.THE::LOT::.LINE::ADJUSTMENT THE FOLLOWIN.G<>:>
C�����NDITIONS SHALL:BE:SATISFIED:»UNLESS' THERWISENOTED'T
O . .: >-. :.:
..:.::..:
»:SHALL`BE BRIANRAGERIN THE'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.
THI :;APPR .VAt HAL BE
S O S L O 8 O T S
FROM::>THEEFFECTIVE:DATEOF THIS DECISION <;; ::
SECTION III: BACKGROUND INFORMATION
Site History:
The two (2) lots in question were created as part of Graham Acres Subdivision. The
current owners of one of the lots intends to sell a portion of their lot to the owner of the
second lot, through the lot line adjustment. On March 27, 1998, a lot line adjustment
involving the same two lots was approved by the Planning Director. The adjustment
rotated the property line 90 degrees to create the present 7.43 and 7.47 acre parcels.
Since the orginal adjustment, additional property exchange was discussed and agreed
upon. The present ajustment will move the line east approximately 220 feet as part of a
proposed transfer of approximately 185,091 square feet.
Vicinity Information:
The property is outside the city limits of the City of Tigard but within the Urban Growth
Boundary (UGB). The recognized zoning in this area is R-7. All properties surrounding
the site are zoned R-7 as well.
Site Information and Proposal Description:
Both lots are currently vacant with the exception of a barn on existing tax lot 00200
(proposed Parcel 2). The lot line adjustment will adjust the property line between tax lot
00200 and 00300 decreasing tax lot 00200 by 185,091 square feet to create a parcel of
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 2 OF 6
• •
• 140,422 square feet and increasing tax lot 00300 by the same amount to create a parcel
of 508,854 square feet.
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:
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;
Both lots are legal lots that will not be reduced below the minimum 5000 square feet in the
R-7 zone.
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
There is no residential structure on either of the lots. There is a shed which will be on
proposed Parcel 2. The location of this existing accessory structure in relation to the
proposed lot line, meets all required setbacks.
The resulting parcels are in conformity with the dimensional standards of the zoning
district.
The proposed Lot Line Adjustment is within the R-7 zoning district which requires 5000
square foot lots with a minimum frontage of 25 feet. Proposed Parcel 1 will have 11.68
acres of lot area with 50 feet of frontage on Baker Lane and access easements provided
along the northern property line. Proposed Parcel 2 will have 3.22 acres with two (2) access
points onto Menlor Lane, one is 115.64 feet and the other is 50 feet. The dimensional
requirements of the underlying zone are discussed in further detail in the following pages.
FINDING: Because the resulting parcels will be in conformance with the dimensional
standards of the zoning district, this criterion has been met.
SPECIAL PROVISIONS FOR LOTS CREATED THROUGH 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:
Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district.
The required lot width for lots zoned R-7 is 50 feet. The lot widths after the Lot Line
Adjustment will exceed the minimum lot width.
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 3 OF 6
• •
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.
The altered lot area for each lot will exceed the 5000 square foot minimum required in the
R-7 zone.
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.
Lot frontage was addressed previously in this decision under Lot Line Adjustment - Approval
Standards.
Setbacks: Setbacks shall be as required by the applicable zoning district.
Setbacks were discussed previously in this decision under Lot Line Adjustment - Approval
Standards.
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.
There are no residential structures on the lots at this time. This provision shall apply when
development is proposed.
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.
Because there are no structures, this does not apply at this time.
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.
Because there are no existing residential structures, this standard does not apply. If and
when either lot develops, the site that is developing will be reviewed to insure adequate fire
protection accessibility.
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.
No reciprocal easements are required or proposed for this lot line adjustment.
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 4 OF 6
• •
Accessway: Any accessway shall comply with the standards set forth in Chapter
18.108; Access, Egress, and Circulation.
All frontages and access easements to the lots are of adequate width. At time of
development of either lot, accessways will be required to be improved to city standards.
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.
There is a small creek and associated wetlands running through proposed parcel 1. At this
time, no development is proposed. If and when parcel 1 is developed, it will be reviewed by
staff with consideration of the sensitive lands on the property.
FINDING: Because the Lot Line Adjustment proposal meets or exceeds the Special
Provisions for Lots Created Through the Partition Process as stated above
and required by 18.162.060, staff finds the criteria for approval have been met.
SECTION V: OTHER STAFF COMMENTS
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 ten (10) day appeal period and may request reconsideration of the decision if it
may adversely affect the utilities or fire district's abilities to provide service to the subject
properties or the neighboring properties.
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
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 5 OF 6
• •
Final Decision:
DATE OF FILING: MAY 15, 1998
TH. DECISION SHALL tit;FINAL ON TUESDAYS MAY261998E
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 ten (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.
<> 1111 E EA . 1INE.. RHIFI NO... ......1 N..A P EAR.... .. rSQ.t.M�..M�Y$26. 99$> <»«> >
.............................................................................................................................................................................................................................................................
............................................................................................................................................................................................................................................................
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.
OW7,
May 15. 1998
PREPARED BY: Dane berts DATE
Associate Planner •
_ `!!i ���' May 15. 1998
APPROVED BY: Richard Bewe7orff DATE
Planning Man:ger
i s\c u rp I n\j u l i a\m i s\WAC O.I l a
NOTICE OF DECISION "URBAN SERVICE AREA" MIS 98-0009-CITY OF TIGARD/CACH LOT LINE ADJUSTMENT PAGE 6 OF 6
• 0
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•„
•
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•
POINT OF BE CUNNING
PARCEL J POINT OF BEGINNING
58910'59'E 624.11' PARCEL 2
/r, +00.00 224.11' N88Y1"59-E 217.00'
I s01'00'sQ•W 0
I i 10.03
I h g ' CO
h
PARCEL I 1�J 1eci y TAX LOT 101
PROPOSED TAX LOT 300 O n
508.854 Sr �/ FEE ON. 9a-33077
11.68 ACRES :Ai
e v
EXISTING LOT LINE C = a _ 0
X m� 9'4900 E 180.,23 0
•'
• CURRENT TAX LOT 200`y PARCEL L ! Z
.� PROPOSED TAX LOT 200 ';v • Q Z
�.C.p„ 325.513 SF ,0\°3, 140,422 SF A
fA• 7.47 ACRES m 3.22 ACRES r ae Z
i N POND a Qp\ N89'49'00•W 182.O0� W
►a IN PARCEL 3 \ 3 a
i + (PROPOSED TRANSFER PARCEL) z
L \ 185.091 SF hr.:"
o BOOK A723 A1GE00 730
LOT • 4.25 ACRES _
21 PROPOSED LOT UN +• ��• y so.I2'71 W J
CURRENT TAX LOT 300 \ S88'37.17•w� 31.54"
). 323.763 SF \ \ 12.63' N8 '4�Q9 W �500.35'17•R a
7.43 ACRES \ / 31O.Sf 18.28'•\ �\ NO 58.28•E Q
n
TRACT 'B• ¢y, TAX LOT 400
(1' STREET PLUG w\ a FEE NO. 95-086908 N
S.W.BAKER LAKE . �R�-.4^'\ N Q
2t v \ \ 3 • r n
X24` '\ V
Cr o \°>1 n TAX LOT 500
N LOT 20 n \ g BOOK II39 PAGE 919 ` _
U \ r
0 L N89'49'00•W \\ 719.88'
300 00' -.�.- 219.88' y,
POINT Of BEGINNING \
PARCEL 1
a TAX LOT 1200 TAX LOT 1100 TAX LOT 600
O
Lor h (25 1 MEN (25 1 eAe) \
- 7 1 PANT COMMENCEMENT >I
., SOUTH SUARTER CORNER
SECTION 3 SOUTH uNE SECTION 5 _
- -I U
•
CASE NOIS]&CASE NAMEISI•
•
SITE PLAN "BRB ltS ERVICE AR EA" I
MIS 09
EXHIBIT MAP N CITY OF TIGARD/CACH LOT LINE ADJUSTMENT
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Community Development
M l s 1 ?- v `i c-1 V aFTi tAknl(W- L&1 uN6 A DJU TMeN Ocj, ocij
EXHIBIT B
2S105CD-00100 105CD-0
STANLEY MARY KATHERINE TRUSTEE MIL ROBERT L&
2315 NE 65TH#131 156 ROSHAK RD
SEATTLE,WA 98115 ARD, 97223
2S105CD-02600 •5DB-00400
MILLETTE ROBERT L& TIGA-. WA - DISTRICT
15605 SW ROSHAK RD 8841 .OMMERCIAL
TIGARD,OR 97223 ARD,OR • 223
2S105DC-00100 2S105DC-00101
CACH GERALD C JOAN L CACH CHRISTOPHER J&SHERI L
15170 SW SUNRISE LN 15170 SW SUNRISE LN
TIGARD,OR 97223 TIGARD,OR 97223
105DC-0020 2S105DC-00300
CAC GE D C/JOAN L CACH GERALD C AND JOAN L
1517 UNRISE LANE 12525 SW MAIN ST
ARD,OR 223 TIGARD,OR 97223
05DC-00400 2S 105DC-00500
CAC • R' % C AND JOAN L WARD CLEVE D&JANICE E
12525 - IN 15140 SW SUNRISE LN
ARD,OR • 223 TIGARD,OR 97224
2S105DC-00600 2S108AB-01100
MURDOCK CLAUDIA A LUND ROALD G
15110 SW SUNRISE LN 15315 SW BULL MT RD
TIGARD,OR 97223 TIGARD,OR 97224
2S108AB-01200
HANSON WILMAR H RUTH L CACH GERALD C AND JOAN L
13950 SW HITEON DR 15160 SW SUNRISE LANE
BEAVERTON,OR 97005 TIGARD OR 97223
• •
•
SALE AGREEMENT and RECEIPT FOR EARNEST MONEY
DATE: No Y. a LP , 1997 "Agreement Date"
SELLERS: Gerald C. Cach and Joan L. Cach "Sellers"
15160 SW Sunrise Lane
Tigard, OR 97224
BUYER: Washington County, Oregon "Buyer"
155 N. First Avenue
Hillsboro, OR 97124-3072
and
City of Tigard, Oregon "Buyer"
13125 S.W. Hall Blvd.
Tigard, OR 97223
RECITALS
A. The Sellers are the owners of approximately 7.49 acres of real property, together with
any and all rights appurtenant thereto owned by Sellers, including but not limited to
access rights, timber rights, water rights, grazing rights, and mineral rights (hereinafter
referred to as the "Property") located at SW Sunrise Lane in the County of Washington,
State of Oregon, consisting of portions of the property commonly known as Tax Parcels
2S1 5 DC 0200 and 0300 and more particularly described in Exhibit "A" attached hereto
and incorporated herein.
B. Buyer desires to purchase from the Sellers, and the Sellers desire to sell and convey to
Buyer, all right, title and interest in the Property.
•
I. TERMS
1. PURCHASE PRICE
Buyer agrees to purchase the Property from Sellers and Sellers agree to sell the
Property to Buyer for the purchase price of FOUR HUNDRED TWENTY-
SEVEN THOUSAND DOLLARS AND NO CENTS ($427,000.00).
A. Earnest Money. Within ten (10) days of execution of this Agreement, Buyer
shall deposit the sum of TEN THOUSAND DOLLARS AND NO CENTS
($10,000.00), to First American Title Insurance Co., 10260 S.W. Greenberg
Road, # 110, Tigard, Oregon 97223 (Attention: Gloria Miller)(on behalf of
Eagle Exchange) (Escrow Holder). The Escrow Holder shall invest the deposit in
a federally insured, interest bearing account. If the deposit is retained by the
Sellers, the Sellers shall receive the interest. If the deposit is returned to the
Buyer, Buyer shall receive the interest. The earnest money shall be applied to the
Purchase Price on the Closing Date.
B. Payment of Purchase Price. On or before the closing date, Buyer shall deposit
into escrow the amount of FOUR HUNDRED SEVENTEEN THOUSAND
DOLLARS AND NO CENTS ($417,000), the balance of the purchase price.
H. CLOSING DATE AND COSTS
A. Closing shall be at the Sellers' option but no later than 180 days from execution
of this Agreement (The Closing Date").
B. Closing costs shall be divided as follows:
1) Sellers shall pay the cost of the preliminary title report and title insurance.
2) Sellers and Buyer shall split the escrow cost on a 50%-50% basis.
3) Buyer shall pay all title (deed) recording costs.
III. CONDITIONS PRECEDENT TO CLOSING
A. Conditions Precedent to Buyer's Obligations. In addition to any other conditions
contained in this Agreement, the following conditions precedent must be satisfied
prior to Buyer's obligation to acquire the Property. These conditions are
intended solely for Buyer's benefit and Buyer shall have the sole right and
LSS(Wd).REALPROP\CACHSALE.AGMsb Page 2 of 12
• • •
discretion to waive, by written notice, any of the conditions. In the event any
condition is not satisfied or waived on or before Closing, Buyer shall have the
right to terminate this Agreement and be refunded its escrow deposit, and to
exercise any other remedy available:
1. Title. At closing the Sellers shall convey fee simple title to the Property
by statutory warranty deed naming the City of Tigard, Oregon, as
grantee. Title shall be good and marketable and shall be insurable as such
at ordinary rates pursuant to an ALTA standard owner's title insurance
policy issued at Closing by the Title Company free and clear of all liens
and encumbrances except for the Permitted Exceptions (defined below).
2. Partition Approval. The City of Tigard shall have approved a partition or
lot line adjustment necessary to establish one or more legal parcels
consistent with the property as described in Exhibit A. The application
for the partition and lot line adjustment shall be governed by Section 4.G.
3. Preliminary Title Report. Within 10 days after full execution of this
Agreement, Sellers shall furnish to Buyer a preliminary title report
showing the condition of the title to the Property, together with copies of
all exceptions listed therein (the "Title Report"). Buyer will have fifteen
(15) days from receipt of the Title Report to review the Title Report and
to notify Sellers, in writing, of Buyer's disapproval of any exception
shown in the Title Report. Those exceptions not objected to by Buyer are
referred to below as the "Permitted Exceptions" and shall include:
a) Zoning Ordinances
b) Building Restrictions
c) Taxes due and payable for the current tax year
d) Reservations in federal patents and State deeds.
4. Sellers shall have fifteen (15) days after receiving the disapproval notice
to either remove the exceptions or provide Buyer with reasonable
assurances of the manner in which the exceptions will be removed before
the transaction closes. If Sellers do not remove the exceptions or provide
ISS(Wd)REALPRO MACHSAIE AO Mab
Page 3 of 12
• •
Buyer with such assurances, Buyer may terminate this Agreement by
written notice to Sellers given within fifteen (15) days after expiration of
such 15-day period, in which event the deposit shall be refunded to Buyer
and this Agreement shall be null and void.
5. Upon full execution of this Agreement, Buyer and its agents shall have
full access to the property for the purpose of conducting surveys and
inspections.
6. Environmental Review. Before Closing, Buyer may, at its expense,
engage consultants, surveyors, or engineers of Buyer's choosing to
conduct environmental studies, surveys, and appraisals of the Property as
Buyer in its sole discretion deems necessary. Buyer or its agents shall
have the rights to enter the Property at reasonable times before Closing to
make such tests, inspections, studies, surveys, appraisals, and other
investigation as Buyer may require, at Buyer's sole discretion. Sellers
shall cooperate with Buyer in making such tests and studies. Any area
disturbed by such tests and studies shall be restored by Buyer, at Buyer's
expense, to its pre-inspection condition. It shall be a condition to Closing
that the results of such environmental studies, surveys, or analyses be
acceptable to Buyer in its sole discretion. If Buyer notifies Sellers prior to
the Closing Date that Buyer cannot accept the Property due to the results
of its investigation under this section, the Closing Date shall be
automatically extended for a 30-day period so that Sellers and Buyer may
address the results of the investigation. If at the end of the 30-day period,
Buyer and Sellers have not reached an agreement regarding the items
disclosed in the investigation, then Buyer may, at its option and upon
written notice to Sellers, terminate this Agreement of Purchase and Sale,
in which case the earnest money shall be refunded to Buyer.
7. From and after the date of full execution of this Agreement, Sellers shall
not cut or remove trees or vegetation, shall not excavate, grade, or fill, or
in any manner alter or disturb the natural character of the property. If
Sellers do or permit any of the above-described activities, Buyer may
ISS(Wd)\RE ROP\CACHSAIEAGMab Page 4 of 12
.'
terminate this Agreement by written notice to Sellers, in which event the
earnest money shall be refunded to Buyer and this Agreement shall be null
and void.
8. Sellers shall certify to Buyer that all of Sellers' representations set for in
Section VI here are true and correct in all material respects as of close of
escrow.
9. The property has insurable vehicle access to a public road.
IV. ADDITIONAL TERMS
A. Stormwater and Sanitary Sewer Easement. If reasonably required for development
of Sellers' property and upon Sellers' request, Buyers shall grant to Sellers, at no
charge, an easement for stormwater and sanitary sewer facilities as described in Exhibit
"B." Sellers shall bear all the expense of installing and maintaining facilities required
for such use and shall restore the property following any construction.
B. Roadway Easement. If Sellers develop their adjacent real property, and if applicable
land development regulations require a second legal access to said property, Buyer shall
grant to Sellers a private easement or right-of-way for roadway purposes as described in
Exhibit "C." If Sellers can obtain development approval for their adjacent real property
without a second legal access, Buyer shall have no obligation to grant a roadway
easement. As between the parties, Seller shall be responsible for all costs and
obligations associated with construction and maintenance of the road. As a condition
precedent to Buyer's obligation to grant the Roadway Easement, Sellers shall grant to
Buyer, at no charge, a portion of Sellers' remaining property to the southeast of and
abutting the Property. Such property shall be equal in square footage to the area of the
roadway easement.
C. Accommodating a 1031 Exchange. If Sellers desire to transfer the Property through an
exchange transaction under Section 1031 of the Internal Revenue Code, Buyer agrees to
cooperate with such transaction so long as the following requirements are met and any
. escrow instructions or 1031 documents presented at Closing shall include the following
provisions:
1. Such cooperation is at the expense of Sellers;
LSS(WdAREALPROMACHSALEAGM,, Page 5 of 12
• •
2. Buyer assumes no additional risk or liability nor loses any remedies or rights
against Sellers due to the exchange transaction;
3. The closing on the Property is not altered or delayed as a result of the exchange;
4. Sellers execute and deliver a statutory warrant deed directly to Buyer;
5. Sellers agree that should any dispute arise out of the exchange transaction with
regard to the condition of the Property or title thereto or any other terms or
conditions of the purchase and sale agreement or any escrow instructions or any
other documents relating thereto such dispute shall be resolved as if Sellers had
directly transferred the Property to Buyer;
6. Buyer is not obligated to hold title to any additional property; and
7. Sellers agree to indemnify, hold harmless, and defend Buyer from and against
any and all claims, damages costs, liabilities, losses, and expenses (including
reasonable attorney's fees) arising out of the exchange transaction. Buyer
understands that Sellers may assign their rights under this Agreement to an
intermediary will have no continuing obligations to Buyer other than to complete
the transfer of title to the property under the terms hereof. Buyer will at all times
look to Sellers for performance of all continuing obligations under this
Agreement.
D. Title Insurance. Within fifteen (15) days after Closing Sellers shall furnish Buyer with
a American Land Title Assoc. (ALTA) owner's policy of title insurance in the amount
of the purchase price, standard form, insuring Buyer as owner of the Property subject
only to the usual standard printed exceptions and the Permitted Exceptions listed in
paragraph 3.A.3. a)-d).
E. Taxes.
1. Current Year Real Property Taxes shall be prorated as of the Date of Closing.
The Buyer assumes responsibility for the portion of the taxes after the Date of
Closing. Sellers shall be fully responsible for accrued taxes up to and including
the Date of Closing.
2. Farm Deferred Real Property Tax liability from the Date of Closing and
thereafter shall be assumed by the Buyer. The Sellers shall pay all Farm Deferred
ISS(Wd)1REALPROMACHSA[E.AGMsb
• Page 6 of 12
• •
Real Property Tax liability due on the property up to and including the Date of
Closing.
F. Possession. Buyer shall be entitled to possession of the Property at closing.
G. Survey. Buyer shall obtain a survey of the Property for purposes of preparing a
revised legal description to be used in the deed and for application for a partition and lot
line adjustment to create legal parcels. Sellers shall pay $2,500.00 toward the cost of the
survey. Buyer shall pay the remainder of the expense of the survey.
H. Partition. Upon receipt of a survey of the Property, Buyer shall commence and
diligently pursue an application for a partition or lot line adjustment of Sellers property
to establish one or more legal parcels to convey to Buyer the property as described in
Exhibit A. Sellers shall cooperate with the partition and lot line adjustment application
and execute any documents that may be required in furtherance of the applications.
Buyer shall bear all costs associated with the applications and approvals.
I. Costs Prior to Closing. Except as otherwise set forth herein, Sellers shall be
responsible for all costs, expenses, and obligations incurred in the maintenance of the
Property prior to closing. There is no existing or pending litigation with respect to the
Property which would adversely affect Buyer. In the event any lien, claim, or cause of
action should arise from activities upon related to the property prior to closing, Sellers
shall, from and after Closing, at its sole cost and expense, defend against any claim or
cause of action and hold Buyer harmless therefrom.
J. No Broker Commission. Each party represents and warrants to the other that it has not
used or engaged a real estate broker in connection with this Agreement or the transaction
contemplated by this Agreement. In the event any person asserts a claim for a broker's
commission or finder's fee against one of the parties to this Agreement, then the party
against whom the claim is asserted, will hold the other party harmless and defend from
said claim.
K. The Property shall be named "Cache Creek Park."
V. SELLERS' REPRESENTATIONS
Sellers hereby warrant and represent to Buyer the following matters and acknowledge that they
are material inducements to Buyer to enter into this Agreement. Sellers agree to indemnify,
LSS(WdARE\LPROP\CACHSAIEAGMab Page 7 of 12
• •
defend, and hold Buyer harmless from all expense, loss, liability, damages, and claims,
including attorneys fees, arising out of the breach or falsity of any of Sellers' representations,
warranties, and covenants. These representations, warranties, and covenants shall survive
Closing. Sellers warrant and represent to Buyer that the following matters are true and correct,
and shall remain true and correct through Closing:
A. That Sellers have received no written notice of any liens to be assessed against the
Property.
B. That Sellers have received no written notice from any governmental agency of
any violation of any statues, law, ordinance, or deed restriction, rule, or
regulation with respect to the Property.
C. That Sellers are not a "foreign person" as that term in defined in IRS Section
1445. On the Closing Date, Sellers will execute and deliver to Buyer a
certification of non foreign status on a form required by the IRS.
D. That after due inquiry and investigation, neither the Property nor any property
adjacent to the Property has ever been used by previous owners and/or operators
or by the Sellers to generate, manufacture, refine, transport, treat, store, handle,
or dispose of any hazardous substances.
E. That after due inquiry and investigation of the Property whenever and whether
owned by previous owners and/or operators or by Sellers, has never contained
asbestos, PCB, or other hazardous substances, whether in construction or stored
on the Property.
F. That by agreement to this document, Sellers state that Sellers have not received
any type of summons, citation, directive, letter, or other communication, written
or oral, from any agency, department of any county, state, or U.S. Government
concerning any intentional or unintentional action or omission on Sellers' part
which resulted in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying, or dumping of hazardous substances into any waters or onto any lands
or where damages may have resulted to the lands, waters, fish, shellfish, wildlife,
biota, air, or other resources.
G. That Sellers have not given any release or waiver of liability that would waive or
impair any claim based on hazardous materials to a previous owner of the
ISS(Wd)URFAIPROPICACHSAIE.AGMab Page 8 of 12
• •
Property or to any party who may be potentially responsible for the presence of
• hazardous materials on the Property.
H. Sellers are presently the owner of the Property and have the unconditional right to
sell the Property.
I. There is no personal property on the Property and there are no structures on the
Property.
J. Sellers have not entered into, and will not enter into, any other contracts for the
sale of the Property, nor do there exist nor will there be any rights of first
refusal, options to purchase the Property, leases, licenses, easements, permits, or
other agreements, written or oral, which affects or encumbers the Property or any
portion thereof. The Sellers have not sold, transferred, conveyed, or entered into
any agreement regarding timber rights, mineral rights, water rights, "air rights,"
or any other development or other rights or restrictions relating to the Property,
and to Sellers' knowledge no such rights encumber the Property, and will not
through Closing.
VI. BINDING AGREEMENT; REMEDIES
A. Binding Effect/Assignment Restricted. This Agreement is binding on and will inure to
the benefit of Sellers, Buyer, and their respective heirs, legal representatives, successors,
and assigns. Buyer will not assign,its rights under this Agreement without Sellers' prior
written consent. Notwithstanding the above, Washington County may assign to the City
of Tigard all right, title, and interest it may have under this Agreement and to the
Property without Sellers' written consent, but shall notify Sellers in writing. Upon
receipt by Sellers of notice of assignment including a fully executed copy of-the
Assignment signed by County and City, Sellers shall thereafter look exclusively to City
for fulfillment of the terms of this Agreement.
B. Remedies. Time is of the essence regarding this Agreement. If the conditions described
in Section III above are satisfied or waived by Buyer and the transaction does not
thereafter close, through no fault of Sellers, before the close of business on the Closing
Date, Buyer shall forfeit the Earnest Money given to Sellers in Section 1.A. as
compensation for the damages suffered by the Sellers. If Sellers fail to deliver the Deed
ISS(WMRFALPROP\CACHSAIEAGMsb Page 9 of 12
• •
described in Section III.A. above, on the Closing Date, or otherwise fails to consummate
this transaction, the earnest money in Section I.A. shall be refunded to Buyer.
C. Default. If either party shall fail or refuse to carry out any provision hereof, the other
party shall be entitled to such remedy or remedies for breach of contract as may be
available under applicable law, including, without limitation, the remedy of specific
performance, if such party has fully performed all of its obligations hereunder. Time is
of the essence hereof.
D. Attorney Fees. In the event action is instituted to enforce any term of this Agreement,
the prevailing party shall recover from the losing party reasonable attorney fees incurred
in such action as set by the trial court and, in the event of appeal, as set by the appellate
court. This section shall apply to court action, judicially imposed arbitration,
bankruptcy, and review by the supreme court.
E. Sellers shall indemnify, defend, and hold Buyer harmless from any and all claims,
judgments, damages, penalties, fines, costs, liabilities, or losses (including without
limitation, diminution in value of the Property, damages for the loss or restriction on use
or rent of the Property, damages arising from settlement of claims, attorney fees,
consultation fees, and expert fees) that arise due to contamination of the Property during
its ownership or occupancy by Sellers by hazardous materials as a result of Sellers' use
or activities or of Sellers' agents or contractors. This indemnification of Buyer by
Sellers includes, without limitation, costs incurred in connection with any investigation
of site conditions or any cleanup, remedial removal, or restoration work required by any
federal, state, or local governmental agency or political subdivision because of hazardous
material in the soil or groundwater or under the Property. The foregoing indemnity shall
survive the expiration or earlier termination of this Agreement.
F. • Notices. All notices and communications in connection with this Agreement shall be
given in writing and shall be transmitted by certified or registered mail, return receipt
requested, to the appropriate party at the address first set forth above. Any notice so
transmitted shall be deemed effective on the date it is placed in the United States Mail,
postage paid. Either party may, by written notice, designate a different address for
purposes of this Agreement.
LSS(Wd)vtEA PROP\CACHSALaAGM., Page 10 of 12
•
• •
• G. Entire Agreement. This Agreement, consisting of pages and Exhibits A-C,
sets forth the entire understanding of the parties with respect to the purchase and sale of
the Property. This Agreement supersedes any and all prior negotiations, discussions,
agreements, and understandings between the parties. This Agreement may not be
modified or amended except by a written agreement executed by both parties.
H. Applicable Law. This Agreement shall be construed, applied, and enforced in
accordance with the laws of the State of Oregon.
I. Acceptance. This Agreement shall be null and void unless accepted by Sellers, by
Sellers' execution of it, on or before , 199
J. Continuation of Obligations and Warranties. All obligations, representations, and
warranties contained in this Agreement will survive closing and the conveyance of the
Property to Buyer.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A
FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS
SUBJECT TO LAND USE LAWS AND REGULATION, WHICH, IN FARM OR
FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A
RESIDENCE. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE •
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
• THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES.
SELLERS:
Date: 1/. j'D7
Gerald C. Cach
G _0/ l ci GL Date: "--)-0 --9 2
Jo . Cach
State of Oregon )
) ss.
County of Washington )
On this a-O 1 day of /V01/ 271�` , the year of 1992 , before me
personally appeared Gerald C. Cach and Joan L. Cach personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons whose names are subscribed to within this instrument
and acknowledged that he and she executed the same.
NOTARY PUB FOR OREGON
eOFFICIAL SEAL ,
(SS(WdME\LPROMACHSALE.AGMsb / NOTARY PE CATION Page 11 of 12
NOT.� PUBLIC-ORE G
MYcrmusecCOMMISSION NOrs
n ,o. •
• •
BUYER:
Washington County, Oregon
•
By: # • / ? Date: /.Z- -97
Chair Board of Commissioners
Title
•
State of Oregon ) -
) ss.
County of Washington )
On this 2 n day of ICJ2,�.pvn,��2I'- , the year of 199 7 , before me appeared
Linda ii.Peters personally known to me (or proved to me on the basis of
satisfactory evidence) to be authorized representative of Chair Road of Commissioners.
and acknowledged that he/she executed the within instrument as such authorized representative.
AP VED AS O F ''M
trl 'ARY/ PUBLI FOR OREGON
;la*iktk&jr
Assistant County Cou>usl ==
Fat washiagton Coxnty, Gds ((,, ¢i f.
II1�r � ' ' EI.t�•...�n�•!it.%�',jfa:��a�fi� if
CO!..i!fiS:_:'::ONi NO. C:4r16;Ot.:
City Tigard, Oregon .;
By. Date: /i/24/9/7
j'}/ C.e_ APPROVED WASHINGTON COUNTY
Title BOARD OF COMMISSIONERS \
• MINUTE ORDER# .....1. —u,,g
DATE J-11- 17
State of Oregon ) •-�'
) ss.
County of Washington )
On this o (c day of,./(6 , the year of 199'7 , before me appeared
i UI . Maria-110X1.. personally known to me (or proved to me on the basis of
satisfactory evidence) to be authorized representative of d ( `- f
and acknowledged that he/she executed the within instrument as such adth ized epl' r�tative.
i" •, OFFICIAL SEAL
►' :S CATHERINE ON
NOTARY PUBLIC-OREGON a', " _e u:)1,0
•ai COMMISSION NO.042176
I MY COMMISSION EXPIRES MAY 10,1999 NOTARY PUBLIC FOR OREGON
LSS(Wd)\REAiPROP\CACHSALE-AGMab Page 12 of 12
•
•
• •
PACIFIC EXHIBIT A
8405 S.W.Nimbus Avenue
Beaverton,OR 97008-7120
PARCEL 1 LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN
WASHINGTON COUNTY OREGON MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5; THENCE
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER
SECTION, A DISTANCE OF 154.96 FEET TO THE TRUE POINT OF BEGINNING
OF THE TRACT HEREIN DESCRIBED, SAID POINT BEARING NORTH 89°49'00"
WEST, A DISTANCE OF 0.63 FEET FROM A 1" IRON PIPE,•SAID POINT ALSO
BEING THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN
A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED ON
NOVEMBER 8, 1968 IN BOOK 718, ON PAGE 367, OF THE WASHINGTON .
COUNTY DEED RECORDS; THENCE CONTINUING NORTH 00°47'29" EAST
ALONG THE WEST BOUNDARY OF SAID QUARTER SECTION, A DISTANCE
OF 772.89 FEET TO THE NORTHWEST CORNER OF THAT TRACT DESCRIBED
IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED ON
OCTOBER 12, 1962 IN BOOK 472, ON PAGE 544, OF THE WASHINGTON
COUNTY DEED RECORDS, SAID CORNER BEARING NORTH 89°10'59" WEST, A
DISTANCE OF 1.04 FEET FROM A 3/8" IRON PIPE; THENCE SOUTH 89° 10'59"
EAST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 400.00
FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00°4T29" WEST, A
DISTANCE OF 458.57 FEET TO THE SOUTH LINE OF THAT TRACT OF LAND
DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED
ON OCTOBER 12, 1962 IN BOOK 472, ON PAGE 544, OF THE WASHINGTON
COUNTY DEED RECORDS; THENCE SOUTH 17°08'45" EAST, A DISTANCE OF
324.61 FEET TO THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED IN
SAID BOOK 718, PAGE 367; THENCE NORTH 89° 49'00" WEST,ALONG THE
SOUTH LINE OF SAID TRACT, A DISTANCE OF 500.00 FEET TO THE TRUE
POINT OF BEGINNING.
SAID PARCEL CONTAINING 323,763 SQUARE FEET 7.43 ACRES MORE OR
LESS:
REGISTERED T
PROFESSIONAL
LAND SURVEYOR
LLD_Q i
.
O'EGON
JULY 25, 1995
WILLIAM L FARRIER
7
RENEWAL: x7-/31/97
(503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services
r • .•
• El' PACIFIC
8405 S.W.Nimbus Avenue
Beaverton,OR 97008-7120
PARCEL 2 LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN;IN
WASHINGTON COUNTY, OREGON MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5, THENCE
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER
SECTION, A DISTANCE OF 927.85 FEET TO THE NORTHWEST CORNER OF
THAT TRACT DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L.
CACH, RECORDED ON OCTOBER 12, 1962, IN BOOK 472,ON PAGE 544, OF
THE WASHINGTON COUNTY DEED RECORDS, SAID CORNER BEARING
NORTH 89°10'59" WEST, A DISTANCE OF 1.04 FEET FROM A 3/8" IRON PIPE;
THENCE SOUTH 89°10'59" EAST ALONG THE NORTH LINE OF SAID TRACT, A -
DISTANCE OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THE
TRACT HEREIN DESCRIBED;THENCE CONTINUING SOUTH 89°10'59" EAST
ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 224.11 FEET;
- THENCE SOUTH 01°00'50" WEST ALONG THE NORTH LINE OF SAID TRACT, A
DISTANCE OF 10.03 FEET; THENCE NORTH 88°41'59" EAST ALONG THE
NORTH LINE OF SAID TRACT, A DISTANCE OF 217.00 FEET TO THE
NORTHWEST CORNER OF THAT TRACT DESCRIBED IN A DEED TO
CHRISTOPHER L. CACH AND SHERI L. CACH BY DEED RECORDED JUNE 3,
1996 IN FEE NO. 96-33077 OF THE WASHINGTON COUNTY DEED RECORDS;
THENCE SOUTH 05°00'48" EAST ALONG THE WEST LINE OF SAID TRACT, A
DISTANCE OF 227.46 FEET;THENCE SOUTH 89°49'00" EAST ALONG THE
SOUTH LINE OF SAID TRACT, A DISTANCE OF 180.12 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF MENLOR LANE, 20 FEET FROM THE
CENTER LINE THEREOF,MEASURED PERPENDICULAR THERETO, AS
DEDICATED BY DEED RECORDED ON MAY 14, 1931 IN BOOK 147, ON PAGE
81 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH
04°12'11" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 115.64
FEET, TO THE NORTHEAST CORNER OF THAT TRACT DESCRIBED IN A DEED
TO ELTON C. PHILLIPS AND SABINA JEANNE PHILLIPS,RECORDED
NOVEMBER 12, 1968, IN BOOK 723, ON PAGE 730 OF THE WASHINGTON
COUNTY DEED RECORDS; THENCE NORTH 89°49'00" WEST ALONG THE
NORTH LINE OF SAID TRACT, A DISTANCE OF 182.00 FEET; THENCE SOUTH
04°12'11" WEST, ALONG THE WEST LINE OF SAID DEED,A DISTANCE OF
110.05 FEET; THENCE SOUTH.89°49'00" EAST ALONG THE SOUTH LINE OF
SAID DEED, A DISTANCE OF 182.00 FEET TO THE WESTERLY RIGHT OF WAY
LINE OF MENLOR LANE, 20 FEET FROM THE CENTER LINE THEREOF,
MEASURED PERPENDICULAR THERETO, AS DEDICATED BY DEED
(503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture• Environmental Services
• •
RECORDED ON MAY 14, 1931 IN BOOK 147, ON PAGE 81 OF THE
WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 04°12'11" WEST,
ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 31.54 FEET TO AN
ANGLE POINT, THENCE SOUTH 00°35'17" WEST ALONG SAID RIGHT OF WAY
LINE, A DISTANCE OF 18.28 FEET TO THE NORTHEAST CORNER OF THAT
TRACT DESCRIBED IN A DEED TO CLEVE D. WARD, JANICE E. WARD, AND
NEVE D. WARD BY A DEED RECORDED NOVEMBER 27, 1995 AS FEE NO. 95-
086908 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE NORTH
89°48'09" WEST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF
310.04 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE SOUTH
00°31'09" WEST ALONG THE WEST LINE OF SAID TRACT, AND CONTINUING
ON THE WEST LINE OF THAT TRACT QUITCLAIMED TO JOAN L. CACH,
RECORDED JANUARY 21, 1977 AND RECORDED IN BOOK 1139, ON PAGE 919,
OF THE WASHINGTON COUNTY DEED RECORDS, A DISTANCE OF 260.21
FEET TO THE SOUTHWEST CORNER OF SAID QUITCLAIMED TRACT;
THENCE NORTH 89°49'00" WEST ALONG THE SOUTH LINE OF THAT TRACT
OF LAND DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH
RECORDED ON NOVEMBER 8, 1968 IN BOOK 718, ON PAGE 367, OF THE •
WASHINGTON COUNTY DEED RECORDS, A DISTANCE OF 219.88 FEET;
THENCE LEAVING SAID SOUTH LINE,NORTH 17°08'45" WEST, A DISTANCE
OF 324.61 FEET TO A POINT ON THE SOUTH LINE OF THAT TRACT
DESCRIBED IN SAID BOOK 472, PAGE 544; THENCE NORTH 00°47'29" EAST, A
DISTANCE OF 458.57 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREIN DESCRIBED TRACT CONTAINS 325,513 SQUARE FEET, 7.47
ACRES MORE OR LESS.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
AA.) V. / 1I . Oa /
OR-GON
JULY 25, 1995
WILUAMA L FARRIER
2717 1
RENEWAL Iz/3I/97
- - - -W&H PACIFIC - ._.. - .
• 0
~ POINT S89'10'59"E 400.00' EXHIBIT B 1
OF / 07 , A AR A? t. E
BEGINNING �' E
I N89"10.59"W 400.00' •
N00'47'29"E S00'47'29"W
20.00' 20.00'
PROPOSED PARCEL 1 PROPOSED PARCEL 2
PROPOSED NEW PROPERTY LINE
CURRENT TAX LOT 200
BOOK 472 PAGE 544
rn \. POND N
4:1 k I■
\ I
EXISTING PROPERTY LINE
o
SN
\
i. \:f-
O
co
Z \
SW BAKER
\�
LANE �-3
CURRENT TAX LOT 300
BOOK 718 PAGE 367 \
\ \
POINT OF COMMENCEMENT
SOUTH QUARTER CORNER SECTION 5 \
�. TOWNSHIP 2 SOUTH, RANGE 1 WEST
SOSHEX02.DWGj
WASHINGTON COUNTY 8%27/97
W&HP A C I F I C PRO�CT NO.
CACH BOUNDARY 4-0204-2501
8405 S. P. NIMBUS AVENUE
BEAVERTON, OREGON 97008-7121 SANITARY SEWER EASEMENT
` '. (503) 626-0455 " SHEET
SCALE 1" = 100' 1 or if
• . .
• •
PACIFIC
8405 S.W.Nimbus Avenue
Beaverton,OR 97008-7120
SANITARY SEWER EASEMENT DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN
WASHINGTON COUNTY OREGON MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION.5; THENCE
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF THE SOUTHEAST
QUARTER OF SECTION 5, A DISTANCE OF 907.85 FEET TO THE TRUE POINT
OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER
SECTION, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF
THAT TRACT DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L.
CACH, RECORDED ON OCTOBER 12, 1962 IN BOOK 472, ON PAGE 544, OF THE
WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 89°10'59" EAST
ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 400.00 FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 00°47'29" WEST, A DISTANCE
OF 20.00 FEET; THENCE NORTH 89°10'59" WEST, A DISTANCE OF 400.00 FEET
TO THE TRUE POINT OF BEGINNING.
REGISTERED
PROFESSIONAL
� \\LANND SURVEYOR
lW tG1 cN , -. z 1/1:9A
OREGON
JULY 25, 1995
WILUANI L. FARRIER
-7
RENEWALII: j2-I31 9'7
(503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services
-•• K • • •
S89'10'59"E 400.00' '
POINT / - ... L - ...
OF 0�_a T.MPOf? `RY • V :10 4 .EA41v1"
�, 5 E4
BEGINNING `.
N89'1O'S9"W 400.00'
N00'47'29"E S00147'29"W
40.00' 40.00'
PROPOSED PARCEL 1 PROPOSED PARCEL 2
PROPOSED NEW PROPERTY LINE
CURRENT TAX LOT 200 --------------------i
` BOOK 472 PAGE 544
co N
coo ` POND I
1 ■
\ \ ,
EXISTING PROPERTY LINE
w \
N
\ \
,mot
O
O •
Z \
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\
�
SW BAKER c<.�
LANE
CURRENT TAX LOT 300
BOOK 718 PAGE 367 \
POINT OF COMMENCEMENT
SOUTH QUARTER CORNER SECTION 5 \
1. TOWNSHIP 2 SOUTH, RANGE 1 WEST
SCSHEX03.D WG1
GATE
WASHINGTON COUNTY 8/27/97
\V... .IpArIFIr
PaECT NO.
,
CACH BOUNDARY 4-0204-2601
BEAV S.W. NIMBUS AVENUE TEMPORARY CONSTRUCTION EASEMENT
BEAYERTON, OREGON 97008-7121 SHEET
•. >_:';<%• (503) 626-0455 SCALE 1" = 100'
• •
•
I. PACIFIC_. .
8405 S.W.Nimbus Avenue
Beaverton,OR 97008-7120
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN
WASHINGTON COUNTY OREGON MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5; THENCE
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF THE SOUTHEAST
QUARTER OF SECTION 5, A DISTANCE OF 887.85 FEET TO THE TRUE POINT
OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER
SECTION, A DISTANCE OF 40.00 FEET TO THE NORTHWEST CORNER OF
THAT TRACT DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L.
CACH, RECORDED ON OCTOBER 12, 1962 IN BOOK 472, ON PAGE 544, OF THE
WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 89°10'59" EAST
ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 400.00 FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 00°47'29" WEST, A DISTANCE
OF 40.00 FEET; THENCE NORTH 89°10'59" WEST, A DISTANCE OF 400.00 FEET
TO THE TRUE POINT OF BEGINNING.
•
REGISTERED
PROFESSIONAL
LAND SURVEYOR
ky,
OR ON
JULY 25,1995
WILLIAM L FARRIER
2717 1
RENEWAL (7131197
(503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services
S8910 59 E 400.00' EXHIBIT C
POINT / 0//f/-2/#/:s/77,T // '
BEGINNING ^ / '/
I N89'10'S9"W 400.00' —
NOO'4 7'29"E SO0'4 7'29"W
50.00' 50.00'
PROPOSED PARCEL 1 PROPOSED PARCEL 2
PROPOSED NEW PROPERTY LINE
CURRENT TAX LOT 200
BOOK 472 PAGE 544
\. POND 1I
1 ti P§■
1
EXISTING PROPERTY LINE
N \
r.
:q. \ \
O
O
Z \
•
SW BAKER c'``
LANE -�
CURRENT TAX LOT 300
BOOK 718 PAGE 367 \
\_\
. POINT OF COMMENCEMENT
SOUTH QUARTER CORNER SECTION 5 \
�. TOWNSHIP 2 SOUTH, RANGE 1 WEST
SCSHEX04.D WV
OATS \
PACIFIC WASHINGTON COUNTY 8/27/97
W
CA CH BOUNDARY PROJECT H0.4.0204-2601
8405 S. P. NIMBUS AVENUE ROADWAY EASEMENT
BEAVERTON, OREGON 97008-7121 SHEET
(503) 626-0455 SCALE 1" = 100' 1 Of
• •
I PACIFIC
8405 S.W.Nimbus Avenue
Beaverton,OR 97008-7120
ROADWAY EASEMENT DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN
WASHINGTON COUNTY OREGON MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5; THENCE
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF THE SOUTHEAST
QUARTER OF SECTION 5, A DISTANCE OF 877.85 FEET TO THE TRUE POINT •
OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER
SECTION, A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF
THAT TRACT DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L.
CACH, RECORDED ON OCTOBER 12, 1962 IN BOOK 472, ON PAGE 544, OF THE
WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 89°10'59" EAST
ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 400.00 FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 00°47'29" WEST, A DISTANCE
OF 50.00 FEET; THENCE NORTH 89°10'59" WEST, A DISTANCE OF 400.00 FEET
TO THE TRUE POINT OF BEGINNING.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
-� a i o
- L
ORE-ON
JULY 25, 1995
WILLIAM L FARRIER
2717
RENEWAL: 1z/31/97
(503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services
_
•
•
•
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
THIS PJRCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
("Agreement") :s entered into as of April 1, 1998 (the "Effective Date"), between Gerald-C. and Joan
L. Cach ("Seller") and the CITY OF TIGARD, an Oregon municipal corporation ("Purchaser").
•
RECITALS
A. Seller is the owner of real property located in Washington County, Oregon,
consisting of Nrtions of the property commonly known as Tax Parcels 2S1 5 DC 0200 and 0300 and
more particularly described in Exhibit "A" to be attached hereto and incorporated herein by
reference (the 'Property").
B. Purchaser desires to purchase the Property from Seller, and Purchaser and Seller
desire to preser,,e the Property in its natural state, and Seller desires to sell the Property to Purchaser.
C. It is the intention of the parties to set forth in this Agreement the terms and
conditions of t-ie sale and purchase of the Property.
D. These recitals are contractual in nature and shall be construed to give full effect to
the provisions )f this Agreement.
AGREEMENT
In consideration of the mutual promises set forth in this Agreement, the parties agree as follows:
1. Purchase Price. The purchase price (the "Purchase Price") to be paid by Purchaser to
Seller for the Property is Eighty One Thousand and No/100 Dollars per acre ($81,000.00/Acre).
Estimate of ac-eage is 4.2 for a purchase price of Three Hundred Forty Thousand Two Hundred and
No/100 Dollars ($340,200.00). Actual area will be determined by survey and price adjusted
accordingly. The Purchase Price shall be payable in cash or other readily available funds through
escrow at the Closing (as defined below).
1.1. Earnest Money. Within ten (10) days of execution of this Agreement, Buyer shall
deposit the sum of FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00), to Escrow. If
closing eaten=s beyond May 15, 1998, Buyer will deposit an additional FIVE THOUSAND
DOLLARS .'.ND NO CENTS ($5000) to escrow, this additional earnest money will be
nonrefundable.
PURCHASE AND SALES AGREEMENT AND JOINT ESCROW INSTRUCTIONS Page 1
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• •
2. Escrow:
2.1 Escrow Agent. Upon execution of this Agreement, the parties shall deliver a
copy of ties fully executed Agreement to First American Title Insurance Company, 10260 SW
Greenburg Road, Suite 170, Tigard, Oregon 97223 Attention Gloria Miller(the "Escrow Agent").
Seller and Purchaser hereby authorize Escrow Agent to take necessary steps for the
closing of this transaction pursuant to the terms of this Agreement. Further, Seller and Purchaser
hereby authorize their respective attorneys to execute and deliver into escrow any additional
instructions consistent with this Agreement as may be necessary or convenient to implement the
terms of this Agreement and to close this transaction.
2.2 Cancellation Fee and Expenses. In the event this escrow terminates because
of the non-satisfaction of any condition set forth in Section 3 any cancellation charges required to be
paid to Escrow Agent shall be borne by Purchaser. In the event this escrow terminates because of
Purchaser's default, the cancellation charges required to be paid to Escrow Agent shall be borne by
Purchaser. In the event this escrow terminates because of Seller's default, the cancellation charges
required to be paid to Escrow Agent shall be borne by Seller.
3. Conditions Precedent to Purchasers Obligation to Close. Purchaser's obligation to close the
transaction described in this Agreement is expressly contingent on satisfaction or waiver by
Purchaser of all of the following conditions precedent:
3.1 Approval of Title by Purchaser.
3.1.1 Preliminary Title Report. Within five (5) days of the effective date of
this Agreement, Purchaser, at Purchaser's expense, shall obtain a Preliminary Title Report issued by
the Escrow Agent, describing the Property. fisting the Purchaser or the Purchasers designee as the
prospective named insured, and showing as Lie policy amount the total Purchase Price. The Escrow
Agent shall also deliver to Purchaser copies of any financing statements filed against the Property
and true, correct and legible copies of all ins ruments referred to in such Preliminary Title Report as
conditions or exceptions to title to the Property, including liens.
3.1.2 Title Objections
3.1.2.1 Notice to Seller. In the event the Preliminary Title
Report should show any exceptions other than the Permitted Exceptions (defined below), Purchaser
shall deliver to Seller written notice of disaporoval of exceptions within ten (10) days of Purchaser's
receipt of the Preliminary Title Report. Fai:ure of Purchaser to disapprove of any exception within
such time shall be deemed an approval.
3.1.2.2 Sellers Removal_ of Exceptions. In the event
Purchaser shall disapprove any exceptions t.w title, Seller, within five (5) days of written notice of
disapproval by Purchaser, Seller shall notif. Purchaser in writing of those disapproved exceptions
that Seller agrees to remove, or will not rem_we, prior to the Closing.
PURCHASE AND SALES AGREEMENT AND JOINT ESCROW INSTRUCTIONS Page 2
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• •
3.1.2.3 Purchasers Remedies. In the event Purchaser does not
approve the exceptions and seller is unable or unwilling to remove the same with the exercise of due
diligence prior to Closing, the Purchaser may, in Purchaser's sole discretion, (i) suspend performance
of its obligations under this Agreement at no cost to Purchaser and extend the Closing Date until the
exceptions Seller has notified Purchaser will be removed have been removed; or (ii) terminate this
Agreement, in which event all the rights and obligations of the parties under this Agreement shall be
null and void; and the earnest money shall be returned to purchaser, or (iii) agree..to close this
transaction subject to all unremoved exceptions. In no event shall Seller be required to remove or to
reimburse Purchaser for the removal of any lien or other exception to title created by Purchaser's
activities with respect to the Property.
3.1.3 Permitted Exceptions. As used herein, the term "Permitted
Exceptions" means:
3.1.3.1 The standard printed exceptions contained in the
Preliminary Title Report of only zoning ordinances, building and.use restrictions, reservations and
federal patents, and utility easements of record.
3.1.3.2 The standard printed exception for encroachments,
overlaps. boundary line disputes, and any matters which would be disclosed by an accurate survey
and inspection of the premises to the extent allowed by applicable rules and regulations unless
Purchaser obtains a survey of the Property, at its sole expense, and Purchaser obtains the right to
object to any exceptions that would be disclosed by an accurate survey.
3.1.3.3. The standard exception as to the lien for taxes, limited
to the period during which Closing is scheduled to occur for which said taxes are not yet due and
payable.
3.1.3.4 Any exception contained in the Preliminary Title
Report that has been approved by Purchaser.
3.1.3.5 Any lien or encumbrance created by Purchaser,
including any from Purchaser to Seller.
3.2 Approval of Studies. Purchaser shall have 30 days from the effective date of
this Agreement (the "Study Period") to undertake such tests, investigations and studies of the
Property as Purchaser shall deem necessary or appropriate to determine the suitability of the property
for Purchaser's intended use. Seller agrees that Purchaser shall have such access to the Property as
Purchaser or its agents shall require to perform such tests, investigations and studies, and Seller shall
reasonably cooperate with Purchaser and its agents with regard thereto. The cost and expense of
such tests, investigations and studies shall be borne by Purchaser, and Purchaser agrees to indemnify
Seller from any claims, harm or loss arising out of the conduct thereof by Purchaser and its agents.
In the event that Purchaser shall determine, in its absolute discretion, that the Property is not suitable
for its purposes, Purchaser may terminate this Agreement by written notice thereof given to Seller at
any time within the Study Period.
PURCHASE AND SALES AGREEMENT AND JOINT ESCROW INSTRUCTIONS Page 3
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• •
Such notice shall serve as a termination of this Agreement, and the parties shall thereafter have no
further obligations toward each other pursuant hereto and the earnest money will be refunded to
purchaser. In the event Purchaser shall elect to terminate this Agreement as a result of such tests.
investigations and studies, Purchaser agrees to provide to Seller copies of all reports thereof which
Purchaser may have received at the time of giving notice of termination.
3.3 Survey. Purchaser shall obtain a survey of the Property for purposes of
preparing a revised legal description to be used in the deed, provided as Exhibit A herein, and for
application for a partition and/or lot line adjustment to create a legal parcel(s). The expense of
survey shall be shared equally by Seller and Purchaser. Upon receipt of property survey, Purchaser
shall commence and diligently pursue an application for a partition or lot line adjustment of Sellers
property to establish one or more legal parcels to convey to Purchaser the property as described in
attached Exhibit A. Seller shall cooperate with the partition and lot line adjustment application and
execute any documents that may be required in furtherance of the applications. Purchaser shall bear
all costs associated with the applications and approvals.
3.4 Partition Approval. The City of Tigard shall have approved a partition or lot
line adjustment necessary to establish one or more legal parcels consistent with the property as
described in Exhibit A.
3.5 Failure of Conditions Precedent. In the event of a failure of any condition
precedent to Purchaser's obligation, or if Purchaser has timely terminated this Agreement pursuant
to Sections 3.1 or 3.2, the escrow and the rights and obligations of Purchaser and Seller under this
Agreement shall terminate, and the Earnest Money deposit shall be returned to Purchaser by Escrow
Agent, less any cancellation charges described in Section 2.3.
4. Seller's Warranties.
4.1 Marketable Title. Seller warrants that, at the time of Closing, that no work,
labor or materials have been expended, bestowed or placed upon the Property), adjacent thereto or
with any existing or proposed assessment district which will remain unpaid at close of escrow or
upon which a lien may be filed at close of escrow.
4.2 Parties in Possession. Seller warrants that as of the close of escrow there will
be no rental agreements, contracts, leases or other agreements affecting the use or occupancy of the
Property.
4.3 Authority of Seller. Seller warrants that it has the authority to execute this
Agreement to enter into the escrow contemplated herein, to perform all of its obligations hereunder,
and that the party executing this Agreement on behalf of Seller has been fully authorized by
appropriate resolution to bind Seller to the terms and provisions hereof.
4.4 No Option or Right of First Refusal to Acquire Premises. Seller represents
that no person or entity has any right of first refusal or option to acquire any interest in the property
or any part thereof.
PURCHASE AND SALES AGREEMENT AND JOINT ESCROW INSTRUCTIONS Page 4
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• •
4.5 Environmental Warranty . Without investigation beyond Seller's staff, Seller
has no knowledge of any existing or pending claim or of any facts or circumstances that may give
rise to any future civil, criminal or administrative proceedings against Seller relating to hazardous
materials. To the best of Sellers knowledge without investigation beyond Seller's staff. no
hazardous materials have been discharged upon, brought upon or stored on the Property in violation
of applicable law. As used herein "hazardous materials" means any substance the presence or
discharge of which is regulated by any federal, state or local law relating to the protection of the
environment or public health.
5. Closing.
•
5.1 Closing Date. The closing (the "Closing") of the sale of the Property by
Seller to Purchaser shall occur in escrow in the offices of the Escrow Agent within ten (10) days of
the satisfaction or waiver of the conditions set forth in Section 3, and all subparts thereof, of this
Agreement (the "Closing Date').. The transaction contemplated in this Agreement is "closed" when
the Deed (as defined below) to be delivered by Seller is recorded, all other documents required by
this Agreement are executed and delivered, and the Purchase Price is paid through escrow to Seller
as provided in tills Agreement.
5.2 Deliveries to Escrow Agent. In connection with the Closing, the following
shall occur, and the performance or tender of performance of all matters set forth in this Section 5.2
shall be mutually concurrent conditions:
5.2.1 Seller's Deliveries. On or before the Closing Date, Seller shall deliver the following into
escrow:
(i) Statutory Warranty Deed ("Deed"), fully executed and
acknowledged by Seller, conveying to Purchaser the Property free and clear of all encumbrances
other than the Permitted Exceptions;
(ii) At Closing, Seller shall cause to be issued to Purchaser an
ALTA standard coverage owners title policy in the amount of the total Purchase Price that shall
insure fee simple, indefeasible title to the Property in Purchaser, subject only to the Permitted
Exceptions; provided that Purchaser shall have the right to order an ALTA extended coverage
owners policy. Seller shall be responsible for and pay the premium for the standard ALTA owner's
policy; and Purchaser shall pay the additional premium for an ALTA extended coverage owner's
policy, together with all related expenses.
(iii) Certificate executed and sworn to by Seller (a), confirming
Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign
person" within the meaning of Section 1445 of the Internal Revenue Code of the United States of
America of 1986 and otherwise in compliance with §1.1445-2T of the regulations promulgated
thereunder.
5.2.2 Purchaser's Deliveries. On or before the Closing Date, Purchaser
shall deliver the Purchase Price into escrow, with full credit for the earnest money.
PURCHASE AND SALES AGREEMENT AND JOINT ESCROW INSTRUCTIONS Page 5
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• •
5.3 Closing Costs Prorations. Seller and Purchaser shall each pay one-half of all
escrow fees. Purchaser shall pay the cost of recording the Deed. Seller shall pay Washington
County transfer taxes. Ad valorem and similar taxes and assessments relating to the Property shall
be prorated between Seller and Purchaser as of the Closing_ Date, Seller being charged and credited
for the same up to such date and Purchaser being charged and credited for the same on and after such
date. If the actual amounts to be prorated are not known at the Closing Date, the prorations shall be
computed on the basis of the evidence then available; when actual figures are available a cash
settlement shall be made between Seller and Purchaser. The provisions of tills Section 5.3 shall
survive the Closing.
5.4 Authority Documents. Purchaser and Seller shall; if requested by the other
party or the Escrow Agent furnish satisfactory evidence of their authority to consummate the sale
and purchase contemplated by tills Agreement.
5.5 Possession. Seller shall deliver to Purchaser possession of the Property on the
first full day after completion of the Closing.
6. Remedies
6.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its
obligations under tills Agreement for any reason other than failure of a condition precedent to occur
or termination of this Agreement pursuant to Sections 3.1. 3.2. or 3.3, then Seller may terminate this
Agreement by notifying Purchaser thereof, in which event neither party shall have any further rights
or obligations hereunder.
6.2 Purchaser's Remedies. If Seller fails or refuses to perform any of its
obligations under this Agreement for any reason other than termination of this Agreement by
Purchaser, then Purchaser may either: (i) terminate this Agreement by notifying Seller thereof and
thereafter neither party hereto shall have any further rights or obligations hereunder; or(ii) Purchaser
may seek any other rights, resources or remedies (including, without limitation specific
performance) available to Purchaser, such rights, remedies and resources hereunder to be
cumulative, and not in exclusion of any other.
7. General Provisions.
7.1 Time. TIME IS OF THE ESSENCE of this Agreement.
7.2 Full Authority. Each of the signatories to this Agreement represents and
warrants that he/she has the full right, power, legal capacity and authority to enter into and perform
his obligations hereunder and no approval or consents of any other person are necessary in
connection herewith.
7.3 Negation of Agency and Partnership. Any agreement by either party to
cooperate with the other in connection with any provision of this Agreement shall not be construed
as making either party an agent or partner of the other pa ■-.
I-
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• •
7.4 Applicable Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Oregon.
7.5 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS
INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING
STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS,
WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR
SITTING OF A RESIDENCE AND WHICH LIMITS LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION
FOR STRUCTURES.
7.6 Sevarability. If any provision of this Agreement shall be held to 1e void or
invalid, the same shall not affect the remainder hereof which shall be effective as though the void or
invalid provision had not been contained herein.
7.7 Modification or Amendments. No amendment, change or modification of
this Agreement shall be valid, unless in writing and signed by all the parties hereto.
7.8 Waiver. . Except as otherwise provided in this Agreement, failure of either
party at any time to require performance of any provision of this Agreement shall not limit the
party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver
of any succeeding breach of the provision or a waiver of the provision itself or any other provision.
7.9 Assignment. Seller shall not delegate its duties under this Agreement to any
party without the written consent of Purchaser which may be granted or withheld in the sole and
unfettered discretion of Purchaser. Seller acknowledges and agrees that the continuing obligation of
Seller regarding remediation of hazardous materials which may be located on the Property and for
indemnification as provided in this Agreement constitute a material portion of the consideration for
entry into the Agreement by Purchaser. Purchaser shall not assign its right, title and interest under
this Agreement without the prior written consent of Seller, which consent shall not be unreasonably
withheld by Seller, provided, however that no such consent shall release Purchaser from its
obligations hereunder.
7.10 Successors and Assigns . Subject to the provisions of Section 7.9, this
Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their
respective heirs, legal representatives, successors and assigns.
7.11 Notice. All notices required or provided under this Agreement shall be in
writing. If mailed, notice shall be deemed effective forty-eight (48) hours after mailing as certified
mail postage prepaid directed to the other party at the address set forth below or such other address
as the party may indicate by written notice to the other as provided herein; notice given in any other
manner shall be effective upon receipt by the addressee. For purposes of notice, the addresses of the
parties shall be as follows:
PURCHASE AND SALES AGREEMENT AND JOINT ESCROW INSTRUCTIONS Page 7
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• •
If to Seller, to: Gerald Cach, 12525 SW Main Street Tigard, Oregon 97223
If to Purchaser, to: City of Tigard
Attn: Ed Wegner 13125 SW Hall Boulevard Tigard, OR 97223
With a copy to: Dominic G. Colletta O'Donnell Ramis Crew Corrigan .& Bachrach,
LLP 1727 N.W. Hoyt Street Portland, Oregon 97209
7.12 Counterparts. This Agreement may be executed in several counterparts, each
of which shall be an original, but all of which shall constitute but one and the same agreement.
7.13 Captions and Headings. The captions and headings of this Agreement are for
convenience only and shall not be construed or referred to in resolving questions of interpretation or
construction.
7.14 Calculation of Time. All periods of time referred to herein shall include
Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any
period falls on any Saturday, Sunday or such holiday. the period shall be extended to include the
next day which is not a Saturday, Sunday or such holiday.
7.15 Commissions. Each party warrants that it has not utilized the services of an
agent broker or finder with regard to the transaction contemplated by this Agreement. Seller hereby
agrees to defend, indemnify and hold harmless Purchaser, and Purchaser hereby agrees to defend,
indemnify and hold harmless Seller, from and against any claim by any third parties not named
herein for brokerage, commission, finder's or other fees relative to this Agreement or the sale of the
Property, and any court costs, attorney's fees or other costs or expenses arising therefrom and
alleged to be due by authorization of the indemnifying party.
7.16 Attorney Fees. If a suit action or other proceeding of any nature whatsoever
(including any proceeding under the U.S. Bankruptcy Code) is instituted in connection with any
controversy arising out of tills Agreement or to interpret or enforce any rights hereunder, the
prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts
fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection
therewith, as determined by the court at trial or on any appeal or review, in addition to all other
amounts provided by law.
7.17 Additional Terms. If reasonably required for development of Seller's
remaining property and upon Sellers' request, Buyers shall grant to Sellers, at no charge, an
easement across the northern 20 feet of the purchase parcel for stormwater, sanitary sewer facilities
and 50 feet for a private easement or right-of-way for roadway purposes. If Sellers can obtain
development approval for their adjacent real property without a second legal access without undue
expense, Buyer shall have no obligation to grant a roadway easement only the 20 foot utility
PURCHASE AND SALES AGREEMENT AND JOINT ESCROW INSTRUCTIONS Page 8
s:\rightway\tigx0006\cach 1 a.doc
• •
easements. As between the parties, Seller shall be responsible for all costs and obligations
associated with construction and maintenance of the road.
7.17.1 If Sellers desire to transfer the Property through an exchange transaction
under Section 1031 of the Internal Revenue code, Buyer agrees to cooperate with such transaction so
long as the following requirements are met and any escrow instructions or 10,J documents
presented at Closing shall include the following Provisions: 1). Such cooperation is at the expense of
Sellers; 2). Buyer assumes no additional risk or liability nor loses any remedies or rights against
Sellers due to the exchange transaction; 3). The closing on the Property is not altered or delayed as a
result of the exchange; 4). Sellers execute and deliver a Statutory warrant.deed directly to Buyer; 5).
Sellers agree that should any dispute arise out of the exchange transaction with regard to the
condition of the Property or title thereto or any other terms or conditions of the purchase and sale
agreement or any escrow instructions or any other documents relating thereto such dispute shall be
resolved as if Sellers had directly transferred the Property to Buyers; 6). Buyer is not obligated to
hold title to any additional property; and 7). Sellers agree to indemnify, hold harmless, and defend
Buyer from and against any and all claims, damages costs, liabilities, losses, and expenses (including
reasonable attorney's fees) arising out of the exchange transaction. Buyer understands that Sellers
may assign their rights under this Agreement to an intermediary and will have no continuing
obligations to Buyer other than to complete the transfer of title to the property under the terms
hereof. Buyer will at all times look to Sellers for performance of all continuing obligations under
this Agreement.
7.17.2 The adjacent property previously purchased and transferred to the City and
this property are to BE known as CACHE CREEK PARK.
7.18 Entire Agreement. This Agreement constitutes the entire agreement between
and among the parties, integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiations or previous agreements between the parties or their
predecessors in interest with respect to all or any part of the subject matter hereof.
PURCHASE AND SALES AGREEMENT AND JOINT ESCROW INSTRUCTIONS Page 9
s:\rightway\tigx0006\cachla.doc
• •
EXECUTED as of the Effective Date.
SELLER: PURCHASER:
Gerald C & Joan L. Cach CITY OF IGARD
By: / /�� / By: •
•
Print Name ',4-L,i 1 Print"me:
Title: Title:
Duly Authorized Representative
By: r A 4 \.Q.( By: —
Print ame: 0.4.41 L, 0_,Aj4- Print Name:
Title: Title:
ACCEPTANCE BY TITLE COMPANY
Oregon Title Insurance Company, by its duly authorized signature below, agrees to accept this
escrow on the terms and conditions of, and to comply with the instructions contained in, the
foregoing Agreement.
Oregon Title Insurance Company
By:
Print Name:
Its:
PURCHASE AND SALES AGREEMENT AND JOINT ESCROW INSTRUCTIONS Page 10
s:\rightway\tigx0006\cach 1 a.doc
I PACII!IC
8405 S.W.Nimbus Avenue
Beaverton,OR 97008-7120
EXHIBIT A
PARCEL 3 LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN
WASHINGTON COUNTY, OREGON MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5, THENCE
NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER
SECTION. A DISTANCE OF 927.85 FEET TO THE NORTHWEST CORNER OF
THAT TRACT DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L.
CACH. RECORDED ON OCTOBER 12, 1962, IN BOOK 472, ON PAGE 544. OF THE
WASHINGTON COUNTY DEED RECORDS, SAID CORNER BEARING NORTH
89°10'59" WEST. A DISTANCE OF 1.04 FEET FROM A 3/8" IRON PIPE; THENCE
SOUTH 89°10'59" EAST ALONG THE NORTH LINE OF SAID TRACT, A
DISTANCE OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THE
TRACT HEREIN DESCRIBED; THENCE CONTINUING SOUTH 89°10'59" EAST
ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 224.11 FEET;
THENCE SOUTH 01°00'50" WEST ALONG THE NORTH LINE OF SAID TRACT, A
DISTANCE OF 10.03 FEET; THENCE SOUTH 18°56'57" WEST, A DISTANCE OF
182.02 FEET; THENCE SOUTH 26°53'15" EAST, A DISTANCE OF 298.08 FEET;
THENCE NORTH 88°3717" EAST, A DISTANCE OF 12.63 FEET; THENCE SOUTH
00°37'36" WEST, A DISTANCE OF 58.28 FEET, TO THE NORTHWEST CORNER
OF THAT TRACT DESCRIBED IN DESCRIBED IN A DEED TO CLEVE D. WARD,
JANICE E. WARD, AND NEVE D. WARD BY A DEED RECORDED NOVEMBER
27, 1995 AS FEE NO. 95-086908 OF THE WASHINGTON COUNTY DEED
RECORDS; THENCE SOUTH 00°31'09" WEST ALONG THE WEST LINE OF SAID
TRACT, AND ON THE WEST LINE OF THAT TRACT QUITCLAIMED TO JOAN L.
CACH, RECORDED JANUARY 21, 1977 AND RECORDED IN BOOK 1139, ON
PAGE 919, OF THE WASHINGTON COUNTY DEED RECORDS,A DISTANCE OF
260.21 FEET TO THE SOUTHWEST CORNER OF SAID QUITCLAIMED TRACT;
THENCE NORTH 89°49'00" WEST ALONG THE SOUTH LINE OF THAT TRACT
OF LAND DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH
RECORDED ON NOVEMBER 8, 1968 IN BOOK 718, ON PAGE 367. OF THE
WASHINGTON COUNTY DEED RECORDS, A DISTANCE OF 219.88 FEET;
THENCE LEAVING SAID SOUTH LINE, NORTH 17°08'45" WEST, A DISTANCE
(503) 626-0455 Fax (503) 526-0775 Planning • Engineering • Surveying • Landscape Architecture
. • • •
OF 324.61 FEET TO A POINT ON THE SOUTH LINE OF THAT TRACT
DESCRIBED IN SAID BOOK 472, PAGE 544; THENCE NORTH 00°47'29" EAST, A
DISTANCE OF 458.57 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREIN DESCRIBED TRACT CONTAINS 185,091 SQUARE FEET, 4.25
ACRES MORE OR LESS.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
0 I
eh,
O' CON
JULY 25, 1995
WILLIAM L FARRIER
2717 1
RENEWAL tZ/31/,3
I • .
•
'ACIFIC • . PROPOSED PROPERTY LINE ADJUSTMENT
OG S.W. Niseus AVENUE L(5CATED IN THE SOUTHEAST QUARTER OF SECTION S
AVEY1TON.OREGON 970013 IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN
P3)026-04
IN WASHINGTON COUNTY. OREGON. •
SCALE: r . 700' APRIL 18, 1998
•
•
POINT OF BEGINNING
PARCEL J POINT OF BEGINNING
- 58910'59"E 624.11' - PARCEL 2
/ ∎ 400.00 224.I I
•/ � SOiO�JQ'W N88'41'S9`E' 21100
1
ud, {
i .
1 h h 6
PARCEL I T�W-J 1
h m TAX LOT 101
PROPOSED TAX LOT 300 41 0 n FEE ON. 96-33077
is�` 508.854 SF .n ?/.
71.68 ACRES h N
,V
EXISTING PROPERTY LINE` ( 1 a
CO 3
PARCEL 2 0
\ CURRENT TAX LOT 200 Zp. PROPOSED TAX LOT 200 iv ' =IU
CA�F4 POND 7.475 ACRES '�\��• 3.224ACR S - a
t
qo� N89'49'00'W 182.00 ff
c~i'0 n PARCEL 3 _
i ey 7 (PROPOSED TRANSFER PARCEL)` S
n
c:. 185,091 SF r.in TAX LOT 100 1
LOT �+ An 4.25 ACRES r? 800K 723 PAGE 730
21 n ■ PROPOSED PROPERTY UNE/ _ yaQ}p _
I.
eh CURP NT 323.763 A SF 300 \ ({ 588?7'17'W�/ ��82`_" I E ,' X31 54I W
P 743 ACRES \ �{{ N00'JTJB E/ N8Q+4%Q W S00'J5'1'
J 3T 18.28
58.28'
TRACT 19' 2 \ t) /PROPOSED NEW . TAX LOT 400
(1'STREET PLUG { / PROPERTY LINE n FEE NO. 95-088908
e SW BAKER N' I
IP~ LAN E \p`�",��'1 ^'\ N e
r { 3
4� ° \�-.4 ;'f TAX LOT 500
h LOT 20 ` \{{{ R BOOK 11.39 PAGE 919 1
N89•49'00"W 719.88'
500 00' -�.- 219.88' �,
POINT OF BEGINNING- \
PARCEL I
lo w TAX LOT 7200 TAX LOT 1100 \ TAX LOT 600
LOT n (25 1868) (25 1869)
7 ` POINT OF COMMENCEMENT
SOUTH QUARTER CORNER — —
SECTION 5 SOUTH UNE SECRON 5
•
_.■.■■.. ��t+•rar��8>181•�81� CITY o f T I G A R D
! 1ISUC i i MI����� '� OE00 RAPHC NFORMATION 8Y8 TEM
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� ��a � ,��yy °��� — CITY OF TiGARD/CACH
. BRISTGECONE - _�3 may "- �' Ilk
1 -IN, LOT LINE ADJUSTMENT
liHhllil�i„,„1,711.„.„.....:.,,,„,„,„,„,„,,,,,,,,,„„:,,,�� ��
(2)SUBJECT
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PARCELS-1701111111/
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I 794,411Pr 7 ifit
IIII
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1 1 Q Willb ♦ X111 6 N_ o�
—,
� 200 400 600 Feet
II
= 1'=452 feet
Z -
I ;■
1111111 SW : 11.urts-RD---. . ws.116 `e City of Tigarc!
1 • . _ . 'D , lntartnetlon en this mop is 9� 10 O^ DNrisbn.
' should bo volined with the De op
'v . 131 25 SW Hell Blvd
t ,�, ■� Tlgard,OR 97223
(503)639A171
_�� S �-" SW CRE r. .4�1� httiww6.ggard.or.us
.i _ pm! Plot date:May 15,.1998;cVwgicVwgicOL><pr
•Community Development
,
/1 /4 P
. _ . .
....,... ,,
11115 q8,-(no(i
Crn/T: Ck1-1 ljTCONIE:PDT
‘11, U._,
, , • PROPOSED PROPERTY LINE ADJUSTMENT
vv,,\11 8405 S.W. NIMBUS AVENUE LeCATED IN THE SOUTHEAST QUARTER OF SECTION 5,
BEAVERTON, OREGON 97008 IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN
(503) 626-0455 IN WASHINGTON COUNTY, OREGON
SCALE: 1" = 100' APRIL 18, 1998
POINT OF BEGINNING ,
--,.,,
PARCEL 3 -- POINT OF BEGINNING
-/, ,\
58910'59"E 624. 11' PARCEL 2
I' I sol 400.00' 224. 11'
'00'50
10.03' „w '- 1N88'4r591E 217.00'
u-)
I
1
I ,4
N
N PARCEL 1 cor
M (-\i co TAX LOT 101
PROPOSED TAX LOT 300 -N, ,`) .° r-6" FEE ON, 96-33077
4 \\
,.
.... 11.68 ACRES aj
'r Lo POND)
EXISTING PROPERTY LINE
( -p•
cy)
l \c. Z
ctri
-,ru S894900E 180.17 1
Z k
Z 075k
.... r..-...
73245 7,5Ai j C RsEFS \‘--k-S-C-v),P C
.,
S1P4EAR, CEL S2 LF
'
v-v•(:
-,L)cc()'\-•1c--4,-,i J
,,c' i / C i R R EN7TAXLOT 200 PROPOD 4A2 X OT 200
- POND . 3.22 ACRES 5c vN
OV*_ N8949'00"W 182,00,
..) Z -
i--
i.. PARCEL 3 .*
( co
gT - :74" (PROPOSED TRANSFER PARCEL) ;: 4 c)
(NI
N 0
185,091 SF TAX LOT 100 Co
1--- 0 ncv (:).
\ (J) 4.25 ACRES o BOOK 723 PAGE 730 I
LOT co
___} .
4
0
21 N; PROPOSED PROPERTY LINE v)
(\i
1 S894900"E
182.00r
szy) , SO4'12'11"W
31.54'
CURRENT TAX LOT 300 \ S8837'1 7"W.,J 323,763 SF \ 111
.6) \ 12.63' ____ N89.48709"W SO0'35'17"W
,(N 7.43 ACRES \ J10.21' 18.28'
1. \ NO0 37'36"E ,
. • --. - - LrA- - 5-8-.28' - ___
o -4.1
TRACT "8" c)
Z \ ?P1 '- TAX LOT 400
(1' STREET PL:".--j-------------, 3;,..■ N FEE NO. 95-086908
0 LT' ci 1
--..,... \-P. rA1
(k) SW BAKER co
N <'\1- \ (-.4
LANE
(..)4,ki
\ \
C \ GI)
\ -;:;\ _O
, j (0- ;
ir-i
<k A7-4 0 C)
z \ - X TAX LOT 500
LOT 20 F._ , \ c)
0 BOOK 1139 PAGE 919 I
ci (I)
(3 ., \
ct) ct , N89'49'00"W \ \ 719.88
----...
),...: 500,00' 219.88'
POINT OF BEGINNING --- ---- , L
PARCEL 1
ID \
cy) TAX LOT 1200 TAX LOT 1100 TAX LOT 600
(2S 1 8AB) (2S 1 8AB)
LOT
7 \1
POINT OF COMMENCEMENT
- SOUTH QUARTER CORNER
SECTION 5
SOUTH LINE SECTION 5 .._ _,..
JOB 0-0298-0801
SC91EX05.DM
1;,,
, _ ,