MIS2003-00002 • •
NOTICE OF TYPE I DECISION
;LOT LINE ADJUSTMENT (MIS) 2003- 00001 „Ai .111L
CITY OF TIGARD
LOT LINE ADJUSTMENT (MIS)2003-00002 Community Development
Shaping A Better Community
FISHER LOT LINE ADJUSTMENTS
120 DAYS = 5/31/03
SECTION I. APPLICATION SUMMARY
FILE NAME: FISHER LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (MIS) MIS2003-00001
Lot Line Adjustment (MIS) MIS2003-00002
PROPOSAL: The applicant is proposing to adjust two (2) property lines, which will
reconfigure three (3) different lots. Tract #1 of 16,988 square feet will
become 21,627 square feet, tract #2 of 9,147 square feet will become
7,520 square feet and tract#3 of 27,442 square feet will become 22,964
square feet.
APPLICANT: Diane Parke OWNER Anthony Fisher
1300 Glenmorrie Drive TRACT 1: 1300 Glenmorrie Drive
Lake Oswego, OR 97034 Lake Oswego, OR 97034
OWNER Anthony Fisher OWNER Robert Bunger
TRACT 2: 1300 Glenmorrie Drive TRACT 3: 9215 SW Edgewood Street
Lake Oswego, OR 97034 Tigard, OR 97223
LOCATIONS: TRACT 1: WCTM 2S102DC,Tax Lot 00302 (9240 SW O'Mara St.)
TRACT 2: WCTM 2S102DC,Tax Lot 00300 (No address)
TRACT 3: WCTM 2S102DC,Tax Lot 00402 (9215 SW Edgewood St.)
COMPREHENSIVE
PLAN
DESIGNATION: Low Density Residential
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is
designed to accommodate detached single-family homes with or
without accessory residential units at a minimum lot size of 7,500
square feet. Duplexes and attached single-family units are permitted
conditionally. Some civic and institutional uses are also permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510.
SECTION II. DECISION
Notice is hereby given.that the City of Tigard Community Development-Director's`designee
has APPROVED the above request subject to certain conditions of approval: The fin dings
and conclusions on which the decision is based are:noted in'Section IV.. .:.
NOTICE OF TYPE I DECISION PAGE 1 OF 4
MIS2003-00001 and 00002—FISHER LOT LINE ADJUSTMENTS
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CONDITION OF APPROVAL
PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT; THE FOLLOWING CONDITION
SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE
MORGAN TRACY IN THE PLANNING DIVISION AT 503-639-4171.
1. Prior to recording, 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 Information:
The subject tracts are located on the south side of SW O'Mara Street and north of SW
Edgewood Street. The tracts were subdivided from larger lots created through the
Edgewood Subdivision. There are no other land use files affecting these parcels.
Proposal Description:
The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3)
different lots. The adjustment will add sufficient area to enable Tract 1 to be further
subdivided and arranges the lot lines in order to incorporate an access driveway that will
serve the future parcels. Tract #2 will be conveying 1,627 square feet to Tract #1 and
Tract#3 will be conveying 4,478 square feet to Tract #1.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the
following standards for approval of a Lot Line Adjustment request:
Section 18.410.040 - Approval Criteria states that the Director shall approve or deny
a request for a lot line adjustment in writing based on findings that the following
criteria are satisfied:
An additional parcel is not created by the lot line adjustment, and the existing parcel
reduced in size by the adjustments is not reduced below the minimum lot size
established by the zoning district;
No additional parcels will be created. All tracts have not been reduced below the minimum
lot size of 7,500 sq. feet as required for (R-4.5) zoning, tract 1 is 21,627 sq. feet, tract 2 is
7,520 sq. feet, and tract 3 is 22,924 sq. feet. Therefore, this criterion is met.
By reducing the lot size, the lot or structures(s) on the lot will not be in violation of
the site development or zoning district regulations for that district;
The proposed lot line adjustment will not reduce the lot size, the lot or structures, required
by zoning regulations causing them to be in violation. Therefore, this criterion is met. The
submitted lot line adjustment shows the location of the existing house and also shows that
setbacks from the house will continue to exceed the minimum required in this zone. The
zoning district standards are met.
The resulting parcels are in conformity with the dimensional standards of the zoning
NOTICE OF TYPE I DECISION PAGE 2 OF 4
MIS2003-00001 and 00002—FISHER LOT LINE ADJUSTMENTS
•
district, including:
• The minimum width of the building envelope area shall meet the lot requirement
of the applicable zoning district;
• The lot area shall be as required by the applicable zoning district. In the case of
a flag lot, the access way may not be included in the lot area calculation;
• 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; and
• Setbacks shall be as required by the applicable zoning district.
As described previously, all three lots will continue to meet the minimum standards of the
R-4.5 zone. The minimum lot width is the R-4.5 zone is 50 feet for single family units.
Tract 1 has approximately 98 feet, Tract 2 is approximately 66 feet, and Tract 3 is
approximately 50 feet wide, when measured at the front setback. Tract 3 is an existing
flag lot, but the accessway accounts for only 6,200 square feet leaving approximately
16,764 square feet. Compliance with setbacks will not be affected by this adjustment.
This criteria is satisfied.
With regard to flag lots:
• 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.
• A screen shall be provided along the property line of a lot of record where the
paved drive in an access way is located within ten feet of an abutting lot in
accordance with Section 18.745.040. Screening may also be required to maintain
privacy for abutting lots and to provide usable outdoor recreation areas for
proposed development.
The flag lot associated with this application is pre-existing and contains an existing
dwelling. The proposed lot line adjustment will not affect compliance with the flag lot
standards. Therefore, this criterion is met.
The fire district may require the installation of a fire hydrant where the length of an
access way would have a detrimental effect on fire-fighting capabilities.
There is no new access associated with these Lot Line Adjustments. Therefore, this
standard does not apply.
Where a common drive is to be provided to serve more than one lot, a reciprocal
easement which will ensure access and maintenance rights shall be recorded with
the approved partition map.
No common drive is proposed as part of this lot line adjustment. This will be part of the
minor land partition review and addressed in that separate decision.
Any access way shall comply with the standards set forth in Chapter 18.705:
Access, Egress, and Circulation.
There are no access ways affected by this application. Therefore, this standard does not
apply.
Exemptions from dedications:
A lot line adjustment is not considered a development action for purposes of
determining whether floodplain, greenway, or right-of-way dedication is required.
Floodplain, greenway and right-of-way is not required as part of this application. Therefore,
NOTICE OF TYPE I DECISION PAGE 3 OF 4
MIS2003-00001 and 00002—FISHER LOT LINE ADJUSTMENTS
4 • \
•
this standard does not apply.
Variances to development standards:
An application for a variance to the standards prescribed in this chapter shall be
made in accordance with Chapter 18.370, Variances and Adjustments.
The applicant has not requested a variance or an adjustment with this application.
FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria
have been met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on
the date it is mailed or otherwise provided to the applicant, whichever occurs first. The
Director's decision may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON FEBRUARY 4, 2003,
AND BECOMES EFFECTIVE ON FEBRUARY 5, 2003.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
February 4, 2003
APPROV D BY: Morgan Tracy DATE
Associate Planner
\\tig333\usr\depts\curpin\morgan\workspace\IIa\mis2003-00001 and 00002 fischer Ila\mis2003-00001 and 00002 decision.doc
NOTICE OF TYPE I DECISION PAGE 4 OF 4
MIS2003-00001 and 00002—FISHER LOT LINE ADJUSTMENTS
•
LOT LINE ADJUSTMENT
l '�� TYPE I APPLICATION -W
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297
GENERAL INFORMATION
PARCEL 14,
Property Address/Location(s): 9240 SW 0 'Mara St
Tax Map &Tax Lot#(s): 2S10'7DC-00302 FOR STAFF USE ONLY
Site Size: .39 a„e
Case No.(s): 'Olt S UO —0000 I
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Other Case No.(s): 13'1iS 7003-00062
Address: 1300 GTenmorrie Dr. - Tony Fisher
City/State: Lake Oswego. OR Zip: 97034 Receipt No.: a 003-003 4.4
Primary Contact: ni it Parke Application Accepted By: grn r;
Phone: 503-750-11A Fax: Date: /D'i f aS
I t
oPARCEL= °_.._ ;
Date Determined Complete:
Property Address/Location(s): Rev.7/1/02 is\curpin\rnastersVevisedUlaa.doc
•
Tax Map &Tax Lot#(s): 2 G 1 02DC-00402
Site Size: 63 a r•rP
Property Owner/Deed Holder(s)*: (Attach list if more than one)
REQUIRED SUBMITTAL ELEMENTS
Address: Robert Bunger (Note: applications will not be accepted
City/State: 921 5 SW Edgewood St. Zip:Tigard, OR 97223 without the required submittal elements)
Primary Contact:
Phone: Fax:
Applicant*/Agent: ❑ Application Form
❑ Owner's Signature/Written Authorization
Address: 1 300 Glenmorrie Dr. ❑ Title Transfer Instrument or Deed
City/State: Lake Oswego, OR Zip: g7034 ❑ Preliminary Map (6 copies)
Primary Contact: Diane Parke
Phone: 503-70-3539 Fax: ❑ Site/Plot Plan (6 copies),'
❑ Site/Plot Plan (reduced 8%'x 11*)
*When the owner and the applicant are different people, the applicant ❑ Applicant's Statement(6 copies)
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) ❑ Filing Fee $310.00
must sign this application in the space provided on the back of this
form or submit a written authorization with this application.
PROPOSAL SUMMARY
The owners of record of the subject property request Lot Line
Adjustment permission to adjust: TL 302 TL 402 TLp302- Tract 1
2 parcels of 16 ,9P8 8 and 27,442 TL 402---Tract 3
(number) (acreage or square footage)
into 7 parcels of flOte and 22 ,964 Note: After both LLA TL 302
(number) (acreage or square footage) will be 21 , 627 sq. f t .
• •
List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as
part of this application:
adjoining LLA submitted .
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.
D ED this 22nd dayof January , 200y
.4pAte
Diane Parke for Tony Fisher-Owner
Applicant/Authorized Agent's Signature Owner's Signature
Owner's Signature Owner's Signature
•
•
A CITY OF TIGARD 1/27/2003
13125 SW Hall Blvd. 10:34:07AM
itirtt �� Tigard,Oregon 9 72 23
°7 (503) 63 9-4 17 1
Receipt #: 27200300000000000324
Date: 01/27/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
MIS2003-00001 [LANDUS] Lot Line Adjustment 100-0000-438000 310.00
MIS2003-00002 [LANDUS]Lot Line Adjustment 100-0000-438000 155.00
Line Item Total: $465.00
• Payments:
Method Payer User ID Acct./Check Approval No. How Received Amount Paid
Check FISHER CONSTRUCTION AND BMK 1133 In Person 465.00
DEV.
Payment Total: $465.00
•
•
Page 1 of 1 cReceipt.rpt
FORM No.1456-PERSONAL REPRESENTATIVt'S DEED(I al or Corporate). COPYRIGHT 199a YENS-NESS LAW PUBUSHING CO..PORTLAND.OR 97204
—
NS — 'CAI.
sv•
- STATE OF OREGON
County of Washington SS
Estate of Leonard L. Nodland •*r--�
t, Jerry,; of Assess-
menti and . r�,, 7,.�- ; .
First Party's Name and Address ��jy� y 0 County
d Anthony isher Clerk forC.'',�I .. p ia. 13, = rtify that
' y the wit ' ,�r , r �,�,� 4 1 eceived
and re,,g�ra:a ( F',,,�y.,�F„� r.a 1. of said
county V 't'4, sa ' %F
Second Party's Name and Address 7� ,> I't1�'
SPACE RESERVED 410° %Ir;:•'."'''''a y
After recording,return to(Name,Address,Zip): FOR Ly '�a.�,,rsw.N�l,4- •
1, l^
Anthony isher '��'"`,,.op •'`/•�
Y RECORDERS USE *x
1300 Glenmorrie Drive • ** , axationof
Lake Oswego, OR 92034 -°3Y
•' •-�•1} clerk
Until requested otherwise,send all tax statements to(Name,Address,Zip): Doc 2000072537
Anthony C. Fisher Doct: 262646 1300 Glenmorrie Drive 177.00
Lake Oswego, OR 97034 09/08/2000 01:38:52pm
PERSONAL REPRESENTATIVE'S DEED
THIS INDENTURE made this day of September 2000 , ____, by and
between STEVEN L. NODLAUD ,
the duly appointed, qualified and acting personal representative of the estate of LEONARD L. NQDQp
, deceased, hereinafter called the first party,
and ANTHONY C,__EITHER ,
hereinafter called the second party;WITNESSETH:
. For value received and the consideration hereinafter stated,the first party has granted,.bargained,sold and conveyed,and by
these presents does grant, bargain, sell and convey unto the second party and second party's heirs, successors and assigns all the
estate,right and interest of the estate of the deceased,whether acquired by operation of the law or otherwise,in that certain real prop-
erty situated in the County of Washington , State of Oregon, described as follows,to-wit:
~, SEE ATTACHED LEGAL DESCRIPTION • �. WASHINGTON COUNTY
aka: 9240 SW O'Mara Street, Tigard, OR 97223 ,,w;will REAL PROPERTY TRANSFER TAX
ENCUMBRANCES: , n- • FEE PAID DATE
Taxes for the fiscal year 2000-2001, a lien not yet payable; The premises herein are
within and subject to powers of assessment of the Unified Sewerage Agency; Rights of
the public in and to that portion of the premises herein described lying within the
limits of S.W. O'Mara Street.
•
(IF SPACE INSUFFICIENT,CONTINUE DESCRIPTION ON REVERSE)
TO HAVE AND TO HOLD the same unto the second party, and second party's heirs, successors-in-interest and assigns
forever. ***PAID BY AN ACCOMMODATOR PURSUANT TO AN IRC S1031 EXCHANGE.
The true and actual consideration paid for this transfer,stated in terms of dollars, is$ 150,000.00*** °However,the
actual consideration consists of or includes other property or value given or promised which is ❑part of the X the whole(indicate
which)consideration.°(The sentence between the symbols 0,if not applicable,should be deleted.See ORS 93.030.)
IN WITNESS WHEREOF, the first party has executed this instrument; if first party is a corporation, it has caused its name
to be signed and its seal, if any,affixed by an officer or other person duly authorized to do so by order of its board of directors.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN .
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REG-
ULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON -- � � t' '_`_t,.."i.'—
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO-
PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES Steven L. Nodland
AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.930. ,�l / Personal Representative
STATE OF OREGON, County of t J " 740 Personal
)�s. �
T 's rument was ackno led ed before me on see gsp�'f 7 -
by e l L 1V/ai n_
This instrument was acknowledged before me on , 19 ,
by
�
as
!t✓�'!. OT OFF1CIACZ-EAL
2"h'"- ° CECE HENRY [1(All
1�) NOTARY PUBLIC-OREGON
% COMMISSION NO.8060823 Notary Public for Oregon
MY COMMISSION EXPIRES FEBRUARY 22,2001
My commission expires
Until a change is requested allTx statements shall be •
sent to the following address.
ANTHONY C FISHER
9240 SOUTHWEST O'MARA STREET
TIGARD, OR 97223
WHEN RECORDED MAIL TO
CA7-513-01-09, CYPRESS POST CLOSING
BANK OF AMERICA
6200 GATEWAY
CYPRESS, CA 90630-4842
ACCOUNT NUMBER
LOAN # 6408979281
TAX ACCOUNT NUMBER
R0468461 , R0468489
DEED OF TRUST
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document
are also provided in Section 16.
(A) "Security Instrument" means this document,which is dated SEPTEMBER 01 , 2000 ,
together with all Riders to this document.
(B) "Borrower" is ANTHONY C F I SHER
•
Borrower is the trustor under this Security Instrument.
(C) "Lender" is BANK OF AMERICA, N.A.
Lender is a NATIONAL BANKING ASSOCIATION
organized and existing under the laws of THE UN I TED STATES OF AMER I CA •
OREGON — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3038 3/99
CA-6(0R)(9904101
Page 1 of 15 Initials: 1111 I 1111 II 111 111 III 1111
VMP MORTGAGE FORMS - (800)521-7291
CVOR 09/05/00 12:10 PM 6408979281
• S
Lender's address is 21000 NW EVERGREEN PKWY, H I LLSBORO, OR 97124-7121
•
Lender is the beneficiary under this Security Instrument.
(D) "Trustee" is FIRST AMERICAN TITLE INSURANCE COMPANY
(E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 01 , 2000 .
The Note states that Borrower owes Lender ONE HUNDRED FIVE THOUSAND AND 00/100
Dollars
(U.S.$ 105,000.00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than OCTOBER 01 , 2030
(F) "Property" means the property that is described below under the heading "Transfer of Rights
in the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note,and all sums due under this Security Instrument,plus interest.
(H) "Riders" means all riders to this Security Instrument that are executed by Borrower. The
following riders are to be executed by Borrower[check box as applicable]:
n Adjustable Rate Rider n Condominium Rider n Second Home Rider
n Balloon Rider n Planned Unit Development Rider X 1-4 Family Rider
n VA Rider n Biweekly Payment Rider n Other(s) [specify]
(I) "Applicable Law" means all controlling applicable federal,state and local statutes,regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable
final,non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees,assessments,
and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds,other than a transaction originated
by check, draft, or similar paper instrument, which is initiated through an electronic terminal,
telephonic instrument,computer, or magnetic tape so as to order, instruct, or authorize a financial
institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale
transfers,automated teller machine transactions,transfers initiated by telephone,wire transfers,and
automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages described
in Section 5) for: (i)damage to,or destruction of,the Property; (ii)condemnation or other taking of
all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations
of,or omissions as to,the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or
default on, the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest
under the Note,plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.)
and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended
from time to time, or any additional or successor legislation or regulation that governs the same
subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
Initials:
Crt-6IOR) tofloetot Pegs 2 of 15 Form 3038 3/99
CVOR 09/05/00 12:10 PM 6408979281
• •
restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does
not qualify as a "federally related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property,
whether or not that party.,+has assumed Borrower's obligations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably
grants and conveys to Trustee, in trust, with power of sale, the following described property located
in the COUNTY of WASHINGTON
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
"LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. "
which currently has the address of
9240 SOUTHWEST 0'MARA STREET [Street]
T I GARD [City] Oregon 97223 [Zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements,appurtenances,and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
and has the right to grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property
against all claims and demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
non-uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the
Initials:
—6(OR) (9904).01 Page 3 of 15 Form 3038 3/99
CVOR 09/05/00 12:10 PM 6408979281
. •
LEGAL DESCRIPTION
PARCEL. I;
f
Beginning at the Northeast corner of Lot 16, EDGEWOOD, a subdivision of record in
Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the County of
Washington and State of Oregon; and running thence Weet on the North line of Lot 16,
62.83 feet to the true point of beginning of the herein described tract; thence
continuing West on the North line of Lot 16, 100 feet; thence South parallel with the
East line of Lot 16,170 feet; thence East and parallel with the North line of Lot 16,
100 feet; thence North and parallel with the East line of Lot 16, 170 feet to the
point of beginning,
PARCEL II;
Part of Lot 16, EDGEWOOD, in the County of Washington and State of Oregon, and being
more particularly described as follows;
Beginning at the Northeast corner of lot 16, EDGEWOOD, a subdivision of record in
Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the County of
Washington and State of Oregon, and running thence on the North line of Lot 16, West
162,83 feet; thence South 170 feet; thence East and parallel to the North line of Lot
16, 162.83 feet to the East line of Lot 16; thence on the East line of Lot 16, North
170 feet to the place of beginning.
SAVE AND EXCEPT the following described portion thereof;
Beginning at the Northeast corner of Lot 16, EDGEWOOD, a subdivision of record in
Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the County of
Washington and State of Oregon; and running thence West on the North line of Lot 16,
62.83 feet to the true point of beginning or the herein described tract; thence
continuing West on the North line of Lot 16, 100 feet; thence South and parallel with
the East line of Lot 16, 170 feet; thence East and parallel with the North line of Lot
16, 100 feet; thence North and parallel with the East line of Lot 16, 170 feet to the
point of beginning,
t �
AFTER RECORDING RETURN TO: UNTIL A CHANGE IS REQUESTED,ALL
TAX STATEMENTS SHALL BE SENT TO:
Anthony C. Fisher Anthony C. Fisher l�
1300 Glenmorrie Drive 1300 Glenmorrie Drive r_
Lake Oswego, OR 97034 Lake Oswego, OR 97034
•
Note: Lot Line Adjustment#
STATUTORY WARRANTY DEED
Robert Manferd Bunger and Bonnie Jean Bunger, as trustees of the Robert •
Manferd Bunger Trust, executed March 12, 1992, as to an undivided one half interrest and
Bonnie Jean Bunger and Robert Manferd Bunger, as trustees of the Bonnie Jean Bunger Trust,
executed March 12, 1992, as to an undivided one half interest, as tenants in common, Grantor,
conveys and warrants to Anthony C. Fisher, Grantee, the following described real property free
of encumbrances:
See Exhibit"A" attached hereto which is incorporated herein by this reference.
The true consideration for this conveyance is other property or value given or
promised which is the whole consideration.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS
AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND TO DETERMINE ANY LIMITS-ON LAWSUITS AGAINST FARMING OR •
FOREST PRACTICES AS DEFINED IN ORS 30.930.
•
1 -STATUTORY WARRANTY DEED - ••
PDX/109941/130456/)DG/1035 912.1
•
Dated this 3rd day of October, • , 2002. • •
_. ■ •.„..ai
•obert Manferd B Iger, Trustee o',the
Robert Manferd Bunger Trust, executed
March 12, 1992
•
Bonnie Jean B nger,Trustee o the Robert
Manferd Bunger Trust, executed March 12, •
1..
L L ,. t►._... _
Robert Manferd Bung.. ,Trustee of th
Bonnie Jean Bunger Trust, executed
March 12, 1992 .
,
Bonnie Jean B ger,Trustee of Ife Bonnie
Jean Bunger Trust, executed March 12, 1992
•
STATE OF OREGON ) •
) ss.
County of Washington )
This instrument was acknowledged before me this 3rd day of October , 2002,
by Robert Manferd Bunger, as Trustee of the Robert Manferd Bunger Trust executed March 12,
1992, and as Trustee of the Bonnie Jean Bunger Trust executed March 12, 1992, as his voluntary •
act and deed. • •
OFFICIAL SEAL
CYNTHIA LV!~NTURINI '
t`;;: 's• NOTARY PUBLIC-OREGON ����i" ��i
��'� NOTARY PUBLIC FOR OREGON
� �� pOMMiS810N NO.338040
• MY COMMISSION-EXPIRES NOV 12,2004 My Commission Expires: 11/12/04
•
2 - STATUTORY WARRANTY DEED
- PDX/109941/1304568DG/1035912.1
•
• •
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me this 3rd day of October , 2002,
by Bonnie Jean Bunger as Trustee of the Robert Manferd Bunger Trust executed March 12, 1992,
and as Trustee of the Bonnie Jean Bunger Trust executed March 12, 1992,as her voluntary act
and deed.
1 lin
•
..0".. OFFICIAL SEAL
l CYNTHIA L VENTURINI NOTARY PUBLIC FOR OREGON
NOTARY PUBLIC-OREGON My Commission Expires: 11/12/04
`• 0 COMMISSION NO, 339040 Y P
MY COMMISSION EXPIRES NOV 12,2004
•
•
•
•
3 - STATUTORY WARRANTY DEED
PDX/109941/130456/JDG/103 5912.1 •
• •
EXHIBIT A
Beginning at a point located North 00'59' 57 ` East, 20.00 feet from the
Southeast corner of said Lot 16 being on the North line of S.W. Edgewood
Street; thence along said North line North 88°32" 30" West, 40 feet; thence
North 00'50' 57" East, 155.00 feet; thence North 43°50' 07" West, 99.38 feet
to the true point of beginning of the herein described tract; thence continuing
North 43°50' 07" West, 144.50 feet; thence parallel with the center line of
S.W. O'Mara Street South 89'11' 30" East, 99.83 feet; thence parallel with
the East line of Lot 16, 101.35 feet to the point of beginning.
The above described tract a portion of TAX LOT 402 to be incorporated into
- and become a part of TAX LOT 302.
•
•
•
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ic-e-4 - A "-v '=_fidelity Natiotial Title Company of Oregon ------ ~t'
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nn. i. • - '- , '.. 's , Map # 2S102DC 00300 s
•
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•
•` :', is locatialS the ptetnis s. Fidelity National Title assumes no Babi8ty for variations,if any,is dimes s ons,
r4'.
' -. aaea or looatioo of the p'son or the 1ooa.tibn of improvements aseettaiaod by actual. cy.
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a 1 0 100 df.a3,J 90.or s ave Lilts se or ea.a7
i* 647/9 ,•'E;a»: ::: ie .3a •* is% s 3oogazve:-. ' xs 2.83
`:",< 100 • 202 301. 302 300
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ri-�- DIY-I,' 54,4C. :344C. • .544cg •
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• •
APPLICANT STATEMENT FOR
LOT LINE ADJUSTMENT #1
Applicant Name: Anthony Fisher
Address: 1300 Glenmorrie Dr., Lake Oswego, OR 97034
Tracts 1 (Preliminary Map):
Owner name: Tony Fisher
Property Address: 9240 S.W. O'Mara St.
Assessor's Map: 2S 102DC-00302
Tract 3 (Preliminary Map):
Owner Name: Robert Bunger
Property Address: 9215 SW Edgewood St., Tigard, OR 97223
Assessor's Map: 2S102DC-00402
Zoning Designation: R-4.5,Residential-Medium Density (minimum lot size 7,500 sq. ft.)
Project Description:
Applicant proposes two (2) Type 1 Lot Line Adjustments for adjoining properties to include TL
300, 302 and 402.
Lot Line Adjustment#1 is between TL 302 and TL 402. Additional property from TL 402 has
already been recorded and deeded to Mr. Fisher as part of a land trade acquisition (See warranty
deed, executed October 3m, 2002). Applicant intends are to develop property and build a single
family residence or duplex on TL 302 upon obtaining any required approvals with City of
Tigard.
Per Tigard Community Development Code, Section 18.410.040, Lot Line Adjustment #1 has met
the approval criteria based on the following.
18.410.040(A)
1. An additional parcel is not created by the lot line adjustment, and the
existing parcel reduced in the size by the adjustments is not reduced below
the minimum lot size established by the zoning district;
-No additional parcel will be created. Both tax lots have not been reduced below
the minimum lot size of 7,500 sq. feet as required for(R-4.5) zoning, TL 302 @
21,627 sq. feet and TL 402 @ 22,924 sq. feet. Therefore,this criterion is met.
2. By reducing the lot size, the lot or structure(s) on the lot will not be in
violation of the site development of zoning district regulations for that
district.
-Lot line adjustment will not reduce the lot size, the lot or structures, required by
zoning regulations causing them to be in violation. Therefore, this criterion is
met.
3. The resulting parcels are in conformity with the dimensional standards of the
zoning district including:
Fisher LLA Statement.doc Page 1 of 2
• •
a. The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district;
-All structures on property are pre-existing single family dwellings/accessory
structures and meet the minimum lot width of 50' required of R-4.5 residential
zoning. Therefore, a criterion has been met.
b. 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 lot area
calculation;
-Both tax lots are not reduced below the minimum lot size of 7,500 sq. feet as
required for(R-4.5) zoning, TL 302 @ 21,627 sq. feet and TL 402 @ 22,924
sq. feet. Therefore, this criterion is met.
c. Each lot created through the partition process shall front a public right of
way by at least 15 feet or have a legally recorded 15-foot wide access
easement;
-TL 302 currently accesses SW O'Mara St. by approx. 20' access and a public
right-of-way frontage of 96.44 feet after lot line adjustment, meeting the 15'
minimum requirement. TL 402 fronts SW Edgewood St. and has a 40' access
meeting the 15' minimum requirement. Therefore, a criterion has been met.
d. Setbacks shall be required by the applicable zone;
-Pre-existing single family dwellings and structures met the requirement
setbacks when they were built and also meet setbacks for current R-7
residential zoning. Therefore, the criterion has been met.
4. With regards to flag lots;
-Flag lots are not applicable to lot line adjustment proposed.
5. The fire district may require installation of a fire hydrant where the length of
the accessway would have a detrimental effect on fire fighting capabilities.
-This requirement does not apply as there will be no change to the length of
current accessway requiring fire hydrant.
6. Where a common drive is to be provided to serve more than one lot, a
reciprocal easement which will ensure access and maintenance rights shall be
provided with the approved partition map.
-No common drive is part of the lot line adjustment. TL 302 currently accesses
from SW O'Mara and TL 402 accesses from SW Edgewood. Therefore, this
criterion does not apply.
7. Any accessway shall comply with the standards set forth in Chapter 18.705,
Access, Egress, and Circulation.
-Current accessway is pre-existing and no additional changes are proposed.
Therefore, this criterion does not apply.
Fisher LLA Statement.doc Page 2 of 2
1 %.67. TV I trA.
3 100 62.83
k 889° 23'E 2 6 2.8 3 , 88.OT
' 301 302 300
7. . 30 Ac _ 39Ac. .21Ac. 501
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PRELIMINARY PLAN
FOR: •
25' "CHELSEA HILL NO.2" PROPERTY Id NE ADJUSTMENT 2;. .LOT
67 LOT
38 LOT BEING A PORTION OF LOT 18
39 L00 LOT 41 42 "EDGEWOOD"
g W O'MARA STREET Ii • IN THE SE 1/4 SEC. 2, 7.19., RAW., W.M
N_ CITY OF TIGARD
— _ WASHINGTON COUNTY. OREGON
S 875s's7^E 182.75' DECEMBER 23. 2002 IMP 2S 120t
90.44' 66.11'
N 43'45'17-w
5.00' N 4614'43'E '
3.01'
' TRACT 1 N 4614'43'E
21,627 S.F. d 21. '94 I TAX LOT h
+ / N 0132'00'E 300 g NOTES'
•TAX LOT AADF.AJStTEED°� �24.a4 I TRACT 2
PROPERTY 7,520 5.8. I. THIS SURREY IS MADE FOR THE OWOTNAL PWCHASER OF THE SURIMY ONLY.
TAX LOT 301 LINES .•2' ANDY PARIS&ASSOCIA TES INC.ASSUMES NO LIABILITY FOR 0:F0PMAROY
202 0 55'E 54.37 1 Hen ANY OTHER INSDTUDQVS OR SUBSEQUENT PURCHASERS
TAX LOT 302, ExrsTTNc
In PROPERTY 2. SURVEY IS VAUO ONLY IF PRINT HAS SEAL AND SIGNATURE OF SURVEYOR•
° .025134 HOUSE, h LWE ii .
2 i 10 S9 OT/Mt ° 1 THIS SURVEY DOES NOT COVSDTUTE A nu SEARCH BY SWYETOR.•
1 ,,,,,,,4,,,,, TAX LOT THERE MAY EXIST EASEMENTS MOTIONS.OR RESTRICTIONS THAT COULD
caw-; GM'AU0
AFFECT THE PILE OF THIS PROPERTY. NO ATTEMPT HAS BEEN MADE W
S 0730'57'E T627S' II ONTAGE"„f 508 THIS SURVEY TO SHOW SUCH MATTERS THAT MAT AFFECT TITLE.
�, I •••••`••••••_,-ROOF 094510
00014 0.2'f• 100,00' �� 162.70' _
53.00' 47.00' 'IC/' /49.19 x ( r -
EXISTING t IT * / 113.56' DOWN 0.7' LT 4'6
FLUSH .PROPERTY ✓ 2.t' v
S 2513'13'E,0.12' LINE
TAX N LOT 6x5 402 •
�'c Ti DECK LEGEND.
• 3. �--36.5'•
LOT w EXISTING HOUSE EAST LINE LOT 16, FOUND 5/B'IRON ROD PER SURVEY N0. TI238
1 ' n15 s6 ED/20100D ST. 'EDGEW000' •
LOT -II- 5'TAEL CNAIN LINK FENCE
SCALE TAX LOT PROPOSED 1 3 —.— . 6'TALL HOOD FENCE
+'=w 403 ROPE'V ,
LINE ''•,� n "EDGE WOOD”
TRACT 3
• Q•+B� 22.964 S.F.
LOT
TAX LOT 16 ;
200 N FONAL APPROVAL •
�"/� 3 CCTV OF TIGARD PLANNING DIVISION
WEST LINE LOT 16," ,.+T
'EDGEWOOO' t TAX LOT T
TAX LOT TAX LOT n I BY G 'ter ATE i/5/0; 1
404 400
W PROFESSIONAL
i0.1
• • HAR01412A SALO
XP-: JUNE 30.2004
• _ 40.00' Y N 0?7504'E.098' SURVEYED BY:
N 8712'17'w CURVE RADIUS DELTA •
LENGTH CHORD CHORD BEARING ANDY PARS AND ASSOCIATES,NC.
_ —1 75. .' 90!'00' 23.••• 21.21' 4 7' 'w 16057 BOONES FERRY ROAD
�s _ � ig;271.t[Yiahfl��S]MISS IIMI�.1�4 � LAKE OSWEGO. OREGON 97035
.Q S.W.. CWM� t.9-tl�ti}T[F,dAt LIT.Yfliii.TGFI�s'L9F91�■:fiti.elY?lt�� PH: 503-636-3341
C `J`J k PRO,ECT: 02154
DRAWN& 02154PRL•OW