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MIS2003-00019 . • • NOTICEOFTYPE`I DECISION `;: . ." ... ..... LOT LINE"ADJUSTMENT (MIS) 2003-'00019 CF,TIGARD ELEMENTARY LOT LINE ADJUSTMENT :' C4t.iiun / ity�Deve(opment . ShapingA Better Community 120 DAYS =9/10/2003 SECTION I. APPLICATION SUMMARY FILE NAME: CF TIGARD ELEMENTARY LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2003-00019 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of 9.38 acres will become 9.24 acres. Parcel #2 of.94 acres will become 1.37 acres. APPLICANT: OTAK Attn: Jerry Offer 17355 SW Boones Ferry Road Lake Oswego, OR 97035 OWNER Tigard-Tualatin School District 23J OWNER Same PARCEL 1: Attn: Stephen Poage PARCEL 2: 6960 SW Sandburg Street Tigard, OR 97223 LOCATIONS: PARCEL 1: 12850 SW Grant Avenue; WCTM 2S102CB, Tax Lot 100 PARCEL 2: 13125 SW Pacific Highway; WCTM 2S102CB,Tax Lot 200 COMPREHENSIVE PLAN and ZONING DESIGNATION: R-12, Medium-Density Residential District. 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"tocertain conditions:of,approval. The findings ',end conclusions"on'which the decision is based are notedlin Section -NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2003-00019-CF TIGARD ELEMENTARY SCHOOL LOT LINE ADJUSTMENT • • • 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 BRIAN.RAGER IN THE ENGINEERING 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 parcels are located north of Pacific Highway. City records show several modifications to the existing school, the addition of an administrative building, and a recent Conditional Use Amendment to allow the existing elementary school to be demolished and reconstructed (CUP2003-00002). No other records were found. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #2 of 9.38 acres will become 9.24 acres and Parcel #1 of .94 acres will become 1.37 acres. 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 new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. The minimum lot size requirement in the R-12 zoning classification is 3,050 square feet, and the minimum lot size for school facilities pursuant to Conditional Use requirements is 20,000 square feet. Both lots will be larger than an acre in size. This standard is satisfied. 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; Reducing the size of the larger lot and increasing the size of the smaller lot will not cause a violation of the site development or zoning district regulations. The existing setbacks for the school are non-conforming, but will be complied with when the new school is constructed. Currently, the existing elementary school is located over the lot line that is being adjusted. Once the lot line is adjusted, and the new school is constructed, the NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2003-00019-CF TIGARD ELEMENTARY SCHOOL LOT LINE ADJUSTMENT • • buildings on site will all be compliant with the applicable site development and zoning district regulations for the R-12 zoning classification. This standard is satisfied. The resulting parcels are in conformity with the dimensional standards of the zoning 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. The buildings are pre-existing; therefore the building envelope areas and setbacks are currently non-conforming the dimensional requirements for this zoning district. Neither parcel meets the criteria for a flag lot. Parcel #2 has frontage on SW Grant Avenue, and parcel #1 has frontage on SW Pacific Highway. As indicated in the previous discussion, this adjustment will make the buildings less non-conforming than they currently are. When the new school is constructed, the structures will no longer be non-conforming with regard to setbacks. This criterion 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. There are no flag lots associated with this application. Therefore, this standard does not apply. 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 this Lot Line Adjustment. 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 driveway is associated with this application. Therefore, this standard does not apply. 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: NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2003-00019-CF TIGARD ELEMENTARY SCHOOL LOT LINE ADJUSTMENT • • .. 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, 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 MAY 21, 2003, AND BECOMES EFFECTIVE ON MAY 22, 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. Zejt2 May 20, 2003 PREPARED BY: Brad Kilby DATE Associate Planner NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2003-00019-CF TIGARD ELEMENTARY SCHOOL LOT LINE ADJUSTMENT CITY of TIGARD /,,. f `.. OEOORAPHIC INFORMATION 8Y8TEM JOHNS. . , Mr *i's VICINITY MAP MIS2003-00019• ' -Thille/P Ag, C.F. TIGARD � ELEMENTARY SCHOOL • *01r, a■S4 • LOT LINE ADJUSTMENT.. *S „ # ' 1/4s7.4 C.' \ .)4 .‘9 C3C .1 4 6,2:641d" 47.fr■ !4e,,:. iw..2,..4-44 � OE�F BEND RO. v.p.RN��� Jr r4. ' , t,:,l CT AL $f4* 4% � . . Tiperd l4ee Mep t • •. N• .� ♦ ♦ . /iy 0 200 400 600 Feet tpir4 1"=404 feet i • ARK ST PARK ST it 111111 Q , �.. City of Tigard •K LN — ���' / ' . Inforrnahon on this map is for gepneral location only and G / ' 4000 ,• should be verified wtth the Develo ment Services Division. 13125 SW Hell Blvd Q� ?*0\4 •.en4 Tigard,OR 97223 '' (503)639-4171 •� httpJlwwv+.cl.tipard.or.us Community Development Plot date:May 21,2003;C:\magic\MAGIC03.APR Fain Sro.Nat, Nsgss'a0t NA4) ratio 1/2'NoN PPE 6/RED PuSnt OAP MPG 0069 coo' BH 04/30/2003 .111.U4L5.808' Field DLL 05/01/2003 Calculotion9 BWP 05/02/2003 Drawn• DLL 05/02/2003 dtkChecked 7. S % 0 I �t F i L' It 0' 30' 60' 120' O J W z 2 NXIND S/8'NoN 900 con 5/8'NON NCO o+ o /RED PLASM.CAP siAPEO IS'SANdRr %.," Foue 5/8'NOM Ron w/RED PIA511C CAP SWIM M Q r 50109.EASMW! 6/RED�RASI[CAP sumo vutu.soo S.W. GRANT AVE 11 —G_ S.W. GRANT AVE. a `� I "TIT Ir _. E� FOUND S/8'NON Roo 116 VI/RED RUSTIC CAP SWAPO o Q C pt s19SJ 1011 6.56 o z �j n 80)1 920 $ 22S > a m O a0O3 ^5 c oa $ (10". rt IN: Nit _ O (aj IR N MIMED mAREA n SQ.F. N '_' 0 7 Z 1n u F F ErnSTUp 6t1RDING 67.Ge d 2 _ 1'� P^ N 2 lit rirl N 4 ADJUSTED AREA-4O2.60.1 SD FT. p phi• IJ JNa � a 8 PORTABLE BUILDING rFS� V euwiNC G 0 (I, 1 27.71 O a N S W F 3 99.Ss EXISTING eunt,NG r a MIN WIRED 5/8' C ROD N A a o ce w/RED P1AS11C CAPS a Q ° Q •w.l Y..LS.8o8' ADJUSTED PERTY uric n 3P100'30'W ► �!rL , o a 10.01 f"--to'EASOCNT FOR Y0°'011 We S/8'NON ROD I WO:o,saw uo 1mnY w RO 855.Po 951 y/�RAS11C W sTA1PE0 fat gyp{ -*TA,.: • I m Incorporated I lake° Orregonr' t 9 EX311NO&ALONG ►a 72 13 1-10'ALM 11787 lit ANI Project No. EN a Pc 1971. S787R160.DWG EASE 9.2914.79 1.211.58 PROPERTY UNE File No. SW PACIFIC HIGHWAY ate,°"" 1 OF 1 �� 0,OAD•%IB Sheet No. • PROPERTY DESCRIPTION REVISED PARCEL 2 C.F. TIGARD ELEMENTARY SCHOOL July 18, 2003 A tract of land in Section 2, Township 2 South, Range 1 West, of the Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at an iron rod with a 11/2 aluminum cap inscribed "Pettijohn"marking the southeasterly corner of Lot 43 as said Lot is shown and so designated on the Plat of"North Tigardville Addition", a duly recorded plat in book 2, Page 27, Washington county plat Records, said Point of Beginning being further described as being the most westerly corner of the "Schoolhouse" tract as shown and so described on said Plat; thence from said Point of Beginning along the southeasterly line of Lots 43 and 42 and along the northwesterly line of said"Schoolhouse" tract N.45°00'30"E., 312.97 feet to a 11/2" iron pipe marking the most northerly corner of said"Schoolhouse" tract; thence along the northeasterly line of said "Schoolhouse" tract S.44°59'30"E., 185.38 feet to a 5/8" iron rod with red plastic cap inscribed"W.L. Mc. LS 808" marking a point on the northwesterly right-of-way line of S.W. Pacific Highway; thence along said right-of-way line and along the arc of spiral curve, offset 50.00 feet northwesterly from centerline an arc distance of 98.84 feet, said are being subtended by a chord which bears S.44°13'50"W., 98.76 feet to a curve left; thence continuing along said right-of-way and along the arc of a 2914.79 foot radius curve left (radius point of which bears S.46°32'44"E.) through a central angle of 04'13"04", an arc distance of 214.58 feet (chord bears S.41°20'44"W., 214.53 feet) to a 5/8 iron rod with red plastic cap inscribed"W.M. Mc. LS 808" on the southwesterly line of said "Schoolhouse" tract; thence along said southwesterly line N.45°01'40"., 200.43 feet to the Point of Beginning. Contains 59,830 square feet or 1.37 acres, more or less. R:\Survey\Legals\PropDesRevisedParcel2071803.wpd . EXHIBIT 'B' I -140/ .,.9.53,00-E 1 449.41 I 0 00 � .5\ I �0\ N.) / cr 0? / r*i 15' SANITARY I LA N SEWER EASEMENT I . NOT TO SCALE BK 436, PG 623 X01 ti0 a 0' N39'53'54"E p I t—S39'53'50"W 116.66 , i 109.89 6.56 �O S.W. GRANT AVE. �il�. — — — 141 S.W. GRANT AVE. 10' STREET DEDICATION �++ 1 a'` DEED BK 226. PG 473 POINT OF BEGINNING o cD VACATED S.W. GRANT �O\ cn EXISTING PARCEL 2 N I N Z 1 STREET PER DEED p n Q BOOK 290 PG 320 I N o AND REVISED PARCEL 2 \ o m p o X FOUND 5/8" IRON ROD WITH 1 1/2" N I t 1 I o r" ALUMINUM CAP INSCRIBED o °: "PETTIJOHN" DOWN 0.1 \ N o N O\ \ I �'' ° o �O`^� \ °zm 1 _ I N ■ — — �'I�ADJUSTED PROPERTY ,'v S45'00'30"W LINE cn 302.93 111.63 �5"' N45'O1'40"W l HouSE�T E 0 W S45'00'301N 333.92 SCHOOL N45'00'30"E \0 200.43 I A D J O EL 2P2-32-9 ^i I C 10.04 10' EASEMENT FOR P A59 30 SO• �' - •"'� `0� I O~gyp ROAD, STREET AND UTILITY �ti n Nr BK 855, PG 951 10' WATER LINE EASEMENT — SW PACIFIC HIGHWAY BK 726, PG 652 L=4'13'05" R=2914.79 SPIRAL CURVE • L=214.58 L=98.84 CHORD=S41'20'44"W CHORD=98.76 °' 214.53 CH BRG=S44'13'50"W FOUND 5/8" IRON ROD \ WITH 1 1/2"ALUMINUM CAP INSCRIBED "PETTIJOHN ENG. CO." LEGEND • DENOTES FOUND IRON ROD WITH X DENOTES FOUND BRASS SCREW WITH 3/4" RED PLASTIC CAP INSCRIBED "W.LMc.LS.808" WASHER INSCRIBED "W.L.Mc.L.S.808" UNLESS OTHERWISE NOTED IR DENOTES FOUND 1 1/2" IRON PIPE ® DENOTES FOUND 1/2" IRON PIPE Field Calculated PLAT OF C.F. TIGARD ELEMENTARY SCHOOL 7/22/2003 ADJUSTED PARCEL 2 Draw 7/22/2003 SEC. 2, T.2S., R. 1 W., W.M. 11787 Checked Y CITY OF TIGARD, WASHINGTON CO., OR Project No. ° 17355 SW Boones Ferry Rd. S787E183.DWG ° CV 0 d Lake Oswego. Oregon 97035 File No. Phone: (503) 835-3818 1 OF 1 ('"1 N ����FAX: (503) 835-5395 Sheet No. >r • • • PROPERTY DESCRIPTION EXISTING PARCEL 2 C.F. TIGARD ELEMENTARY SCHOOL July 18, 2003 A tract of land in Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at a iron rod with 1 1/2 aluminum cap inscribed"Pettijhohn" marking the southeasterly corner of Lot 43 and the southwesterly corner of the "schoolhouse" tract as both are shown and so designated on the Plat of"North Tigardville Addition" a duly recorded Plat in Book 2, Page 27, Washington County Deed Records; thence from said Point of Beginning along the northwesterly line of said "schoolhouse" tract N.45°00'30"E., 10.04 feet to an iron rod with red plastic cap inscribed"W.M. Mc. L.S. 808" marking the southeasterly corner of the certain street dedication as described in Book 226, Page 473, Washington County Deed Records; thence along the northeasterly line of said street dedication N.50°06'06"W., 322.04 feet to an iron rod with red plastic cap inscribed "W.M. Mc. L.S. 808" marking the northwesterly corner of said street dedication, said point being further described as a point on the southeasterly right of way line of S.W. Grant Avenue; thence along said southeasterly right of way line N.39°53'54"E., 116.66 feet to an iron rod with red plastic cap inscribed"W.M. Mc. L.S. 808"; thence leaving said northeasterly right of way line N.54°18'27"W., 412.35 feet to an iron rod with red plastic cap inscribed "W.M. Mc. L.S. 808"; thence N.39°53'00"E., 449.41 feet to a 1/2" iron pipe; thence S.57°40'56"E., 394.55 feet to an iron rod with red plastic cap inscribed"W.M. Mc. L.S. 808", said iron rod being further described as a point on the centerline of S.W. Grant Avenue; thence along said centerline S.39°53;50"W., 6.56 feet to an iron rod with red plastic cap inscribed"W.M. Mc. L.S. 808"; thence continuing along the centerline of vacated S.W. Grant Avenue, as said vacation is so described in Book 290, Page 320, Washington County Deed Records, S.39°53'00"W., 109.89 feet; thence S.57°40'00"E., 392.46 feet to a point on the southeasterly line of Lot 41, said Plat of"North Tigardville Addition"; thence along said southeasterly line of Lot 41 and Lot 42 S.45°00'30"W., 333.92 feet to a 1 1/2" iron pipe marking the northwesterly corner of said"schoolhouse" tract; thence along the northeasterly line of said"schoolhouse" tract S.44°59'30"E., 185.38 feet to an iron rod with red plastic cap inscribed"W.M. Mc. L.S. 808", said point being further described as being a point on the northwesterly right of way line of S.W. Pacific Highway; thence along said northwesterly right of way line and along the arc of a sprial curve offset 50.00 feet northwesterly from centerline, an arc distance of 98.84 feet (chord bears S.44°13'50"W., 98.76 feet); thence continuing along said northwesterly right of way line and along the arc of a 2914.79 foot radius curve left (radius point bears S.46°32'44"E.) through a central angle of 04"13'04" an arc distance of 214.58 feet (chord bears S.41°20'44"W., 214.53 feet to an iron rod with red plastic cap inscribed"W.M. Mc. L.S. 808", said point being further described as a point on the southwesterly line of said"schoolhouse" tract and the northeasterly line of Lot 33 of said North Tigardville addition; thence along said southwesterly of said schoolhouse tract and the northeasterly line of said Lot 33, N. 45°01'40"E., 200.43 feet to the Point of Beginning. Contains 419,010 square feet or 9.62 acres, more or less. $\Survey\Legal s\Pmp De,Parce12CF11gardElemS°L071803.wpd • • EXHIBIT B I • N39'53'00"E \ 449.41 ti� co �O�y� .0 0, / // v \ rn rn -15' SANITARY I up ^' SEWER EASEMENT I 1 a NOT TO SCALE Ln BK 436, PG 623 �0� u, N16.66 54"E ^O I 109.89-\. S39'S3'S0"W 6.56 S.W. GRANT AVE. �' S.W. GRANT AVE. \ I. 'wow ' 10' STREET DEDICATION b. DEED BK 226, PG 473 1 VACATED S.W. GRANT O\ ui POINT OF BEGINNING v' I °z 1 STREET PER DEED 1V ,., o EXISTING PARCEL 2 o M Q BOOK 290 PG 320 �, "12:1. x AND REVISED PARCEL 2 = I m \ ? �' o. FOUND 5/8" IRON ROD WITH 1 1/2" ' 3 .�� °o = `,' ALUMINUM CAP INSCRIBED o o <v o: "PETTIJOHN" DOWN 0.1 \ I N \�� 1 ■ V I o 43' N Q \O Q- L. O\ \`'i z \ } Q �' m I �� — ,ADJUSTED PROPERTY LINE' 545'00'301N 302 93 111.63 \ S45'0O'30"W 333.92 ^� N45'01'40"W HOUSE) W N45'00'30°E �0\ 200.43 I (SCHOOL o o R C E L 2 ^� I �� 10.04 10' EASEMENT FOR P A �-° O 59.830 SO.FT. N \., I \- ROAD, STREET AND UTILITY V BK 855, PG 951 I 10' WATER LINE EASEMENT SW PACIFIC HIGHWAY BK 726, PG 652 A=4'13'05" R=2914.79 SPIRAL CURVE L=214.58 L=98.84 n CHORD=S41'20'44"W CHORD=98.76 °' 214.53 CH BRG=S44'13'50"W FOUND 5/8" IRON ROD \ WITH 1 1/2"ALUMINUM CAP INSCRIBED "PETTIJOHN ENG. CO." LEGEND • DENOTES FOUND IRON ROD WITH X DENOTES FOUND BRASS SCREW WITH 3/4" RED PLASTIC CAP INSCRIBED '1N.LMc.LS.808" WASHER INSCRIBED "W.L.Mc.L.S.808" UNLESS OTHERWISE NOTED k DENOTES FOUND 1 1/2" IRON PIPE O DENOTES FOUND 1/2" IRON PIPE . Field Calculated PLAT OF C.F. TIGARD ELEMENTARY SCHOOL 7/22/2003 EXISTING PARCEL 2 Drown 7/22/2003 SEC. 2, T.2S., R. 1 W., W.M. 11787 Checked r CITY OF TIGARD, WASHINGTON CO., OR Project No. o 17355 SW Boones Ferry Rd. File No787E�S787E182.DWG \ Lake Osrego, Oregon 97035 OF 1 N � Phone: (503) 835-3818 N FAX: (503) 635-5395 Sheet No boxpe.ad 4. • • • PROPERTY DESCRIPTION REVISED PARCEL 1 C.F. TIGARD ELEMENTARY SCHOOL July 18, 2003 A tract of land in Section 2, Township 2 South, Range 1 West, of the Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the most northerly corner of Lot 41, "North Tigardville Addition", a duly recorded plat in Book 2, Page 27, Washington County Plat Records, thence from said Point of Beginning along the northeasterly line of said Lot 41 5.57°40'00"E., 402.49 feet to a 5/8" iron rod with red plastic cap inscribed "W.L.Mc. LS 808" marking the most easterly corner of said Lot 41; thence along the easterly line of Lot 41 and Lot 42, S.45°00'30"W., 333.92 feet to a 1/12 iron pipe to a point marking the most northerly corner of the "School House" tract as shown on said plat of"North Tigardville Addition"; the along the westerly line of said"School House" tract and the easterly line of said Lot 42 and Lot 43, continuing 5.45°00'30"W., 302.93 feet to a 5/8' iron rod with red plastic cap inscribed "W.L.MC. LS 808" marking the northeasterly corner of that certain street dedication as described in Book 226, Page 473, Washington County Deed Records; thence along the northeasterly line of said street dedication N.50°06'06"W., 322.04 feet to a 5'/8" iron rod with red plastic cap inscribed"W.L. Mc. PLS 808" marking a point on the southeasterly right-of-way line of S.W. Grant Avenue; thence along said southeasterly right of way line S.39°53'54"E., 116.66 feet to a 5/8" iron rod with red plastic cap inscribed "W.L. Mc. LS 808"; thence N.54°18'27"W., 412.35 feet to a 5/8 iron rod with red plastic cap inscribed "W.M. Mc. LS 808"; thence N.39°53'00"E., 449.41 feet to a 1/%" iron pipe: thence S.57°40'56"E., 394.55 feet to 5/8" iron rod with red plastic cap inscribed"W.L. Mc. LS 808, said point being a point on the centerline of S.W. Grant Avenue; thence along said centerline 5.39°53'50"W., 6.56 feet to the Point of Beginning. Contains 402.471 square feet or 9.24 acres, more or less. R:\S u rvey\Legal s\P rop Des Revi sed P arce 1 1071803.wpd • - • EXHIBIT B I • N39'53'00"E 1 449.41 cn N POINT OF BEGINNING ar 51 \ 0\‘11-3 -4 EXISTING PARCEL I / // CO_ N. I ` o_ AND REVISED PARCEL I N fl v I t•■ p —15' SANITARY ��� 1 N SEWER EASEMENT Ln NOT TO SCALE v BK 436, PG 623 svO U N39'53'54"E "o �" I 1 ZS39'53'50"W•116.66 �0 Nr 109.89 6.56 S.W. GRANT AVE. J_�, �p \� S.W. GRANT AVE. 10' STREET DEDICATION —�t_ , Q- ^'` Q\ ' DEED BK 226. PG 473 I \ Q' ' \ v� o C7 Q Or 1 \.& Ln N Z 1 Ok -4 o '�'¢ VACATED S.W. GRANT o r^ o FOUND 5/8" IRON ROD WITH 1 1/2" = I m , STREET PER DEED o ALUMINUM CAP N 3,� BOOK 290 PG 320 I °o "PETTIJOHN" DOWN INSCRIBED_ \ I o J����` I r'4 o r rri '� o N \ f�o O / '9 �N Z m \(;)\ 1 ��o���ti z LA ADJUSTED PROPERTY LINE to S45'00'30"W 302.93 111.63 ^� N45'01'40"W S45'00'30"W 333.92 111—\--1111 o� 200.43 (SCHOOL HOUSE) o N45'00'30"E \, I E 2 ^`3 I P R 10.04 10' EASEMENT FOR A s9,ew 5o `l N �O I �p\� ROAD, STREET AND UTILITY ��� BK 855, PG 951 10' WATER SW PACIFIC HIGHWAY LINE EASEMENT — BK 726, PG 652 O=4'13'05" R=2914.79 SPIRAL CURVE L=214.58 L=98.84 k`n° CHORD=S41'20'44"W CHORD=98.76 °i 214.53 CH BRG=S44'13'50'W FOUND 5/8" IRON ROD ...,,/ WITH 1 1/2"ALUMINUM CAP INSCRIBED "PETTIJOHN ENG. , CO." LEGEND • DENOTES FOUND IRON ROD WITH * DENOTES FOUND BRASS SCREW WITH 3/4" RED PLASTIC CAP INSCRIBED "W.LMc.LS.808" WASHER INSCRIBED "W.L.Mc.L.S.808" UNLESS OTHERWISE NOTED * DENOTES FOUND 1 1/2" IRON PIPE . ® DENOTES FOUND 1/2" IRON PIPE . Field Calculated PLAT OF C.F. TIGARD' ELEMENTARY SCHOOL 7/22/2003 . ADJUSTED PARCEL 1 Drown 7/22/2003 SEC. 2, T.2S., R. 1 W., W.M. 11787 Checked y CITY OF TIGARD WASHINGTON CO. OR Project No. O 17355 SW Boone! Ferry Rd. ' S 7 8 7 E 181.D WG Csi 0 c: Lake Oswego, Oregon 97035 File No. N Phone: (503) 635-3818 1 OF 1 N t.aap..w FAX (503) 635-5395 Sheet No. • EGA CancYNon • PROPERTY DESCRIPTION EXISTING PARCEL 1 C.F. TIGARD ELEMENTARY SCHOOL July 18, 2003 % A tract of land in Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the most northerly corner of Lot 41, "North Tigardville Addition" a duly recorded plat in Book 2, Page 27, Washington County Plat Records, thence from said Point of Beginning along the northeasterly line of said Lot 41 S.57°40'00"E., 402.49 feet to a 5/8" iron rod with red plastic cap inscribed"W.M. Mc. L.S. 808" marking the most easterly corner of said Lot 41; thence along the southeasterly line of said Lot 41 S.45°00'30"W., 111.63 feet to a point; thence parallel with the northeasterly line N.57°40'00"W., 392.46 feet to a point on the centerline of vacated S.W. Grant Avenue; thence along said centerline N.39°53'50"E., 109.89 feet to the Point of Beginning. Contains 43,291 square feet or 0.99 acre, more or less. &\S urvey\Legala\Prop Des P arcel l C Flt gardElemSch 071803.wp d A `` ) 1 • EXHIBIT B I 7 • N39'53'00"E I 449.41 I ^3\ I �� POINT OF BEGINNING• EXISTING PARCEL I / °? °� I `°� o AND REVISED PARCEL I ri it —15' SANITARY w P.-) SEWER EASEMENT I �' cD ti NOT TO SCALE c" BK 436, PG 623 °� N39'53'54"E 'S° \ 109 S39'53'50"W 116.66 ., — — .89 6.56 S.W. GRANT AVE. — ; — S.W. GRANT AVE. 10' STREET DEDICATION ...1.- ~ t1 DEED BK 226. PG 473 t~n Io VACATED S.W. GRANT °\ cNr N- \ STREET PER DEED I N -4 o '' BOOK 290 PG 320 x x °o FOUND 5/8" IRON ROD WITH 11/2" z I m 1 o ALUMINUM CAP INSCRIBED N o �S 0����� I oo '" "PETTIJOHN" DOWN 0.1 ,S� \ 1-o N O\ G o 0 r,., r v �° \ m 1 °���QOM O��� N y r co I rn r^ — — _ Ali ADJUSTED PROPERTY LINE S45'00'301N 302 93 111.63 \ S45'00'30"W 333.92 3 N45'01'40'W , N45'00'30"E °� " 200.43 00 0.---\---. (SCHOOL HOUSE �^`) I �� 10.04 m �O ` 10' EASEMENT FOR ROAD, STREET AND UTILITY /h N �° BK 855, PG 951 V 10' WATER SW PACIFIC HIGHWAY LINE EASEMENT BK 726, PG 652 0=4'13'05" R=2914.79 SPIRAL CURVE L=214.58 L=98.84 CHORD=S41'20'44"W CHORD=98.76 °' 214.53 CH BRG=S44'13'50"W FOUND IRON ROD , WITH 1 1/2"ALUMINUM CAP INSCRIBED "PETTIJOHN ENG. CO." LEGEND • DENOTES FOUND IRON ROD WITH % DENOTES FOUND BRASS SCREW WITH 3/4" RED PLASTIC CAP INSCRIBED "W.LMc.LS.808" WASHER INSCRIBED "W.L.Mc.L.S.BOB" UNLESS OTHERWISE NOTED * DENOTES FOUND 1 1/2 IRON PIPE O DENOTES FOUND 1/2" IRON PIPE Field Calculated PLAT OF C.F. TIGARD ELEMENTARY SCHOOL 7/22/2003 EXISTING PARCEL 1 Drown 7/22/2003 SEC. 2, T.2S., R. W., W.M. 11787 Checked By CITY OF TIGARD, WASHINGTON CO., OR Project 8 en 17355 SW Boone! Ferry Rd. S787E180.DWG cs, O a lake Oswego, Oregon 97035 File No. 1 Cs, Phone: (503) 635-3618 O F FAX (503) 635-5395 Sheet No. n . , • • AFFIDAVIT OF MAILING Community(Development . Shaping Better Community I, cPatricia L. Lu orrd being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard,"Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Beim) © NOTICE OF DECISION FOR: MIS2003-00019/C.F. TIGARD ELEMENTARY SCHOOL LOT LINE ADJUSTMENT ❑ AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked EXhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked EXhibit'B",and by reference made a part hereof, on May 21,2003,and deposited in the United States Mail on May 21,2003,postage prepaid. I. ,L A IA. :'12 (Per.o - ' e•-re• o' e)1 ,STATE OF OXEGON ) County of'Was Washington )ss. City of?Tigard ) Subscribed and sworn/affi ed before me on the 1 1 day of , 2003. O OFFICIAL SEAL j ()) J BENGITSON • ' 1 e VigV f �' NO PUBLIC-OREGON J \f 11 "`' C°SSION MISSION EXPIRES APR.8 7,2007 ` NOT,I'Y PUBLIC Of I BEGUN (�^�- M. . ice"1:`'1'x..—\��""\1'1—`"'�--,— My Commission Expires: It/ / • • EXHIBIT I_._ NOTICE OF TYPE I DECISION Ao LOT LINE ADJUSTMENT (MIS) 2003- 00019 CITY OF TIGARD CF TIGARD ELEMENTARY LOT LINE ADJUSTMENT Community cDeve(opment Shaping Better Community 120 DAYS =9/10/2003 SECTION I. APPLICATION SUMMARY FILE NAME: CF TIGARD ELEMENTARY LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2003-00019 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of 9.38 acres will become 9.24 acres. Parcel #2 of .94 acres will become 1.37 acres. APPLICANT: OTAK Attn: Jerry Offer 17355 SW Boones Ferry Road Lake Oswego, OR 97035 OWNER Tigard-Tualatin School District 23J OWNER Same PARCEL 1: Attn: Stephen Poage PARCEL 2: 6960 SW Sandburg Street Tigard, OR 97223 LOCATIONS: PARCEL 1: 12850 SW Grant Avenue; WCTM 2S102CB, Tax Lot 100 PARCEL 2: 13125 SW Pacific Highway; WCTM 2S102CB,Tax Lot 200 COMPREHENSIVE PLAN and ZONING DESIGNATION: R-12, Medium-Density Residential District. 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 findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2003-00019—CF TIGARD ELEMENTARY SCHOOL LOT LINE ADJUSTMENT • • 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 BRIAN RAGER IN THE ENGINEERING 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 parcels are located north of Pacific Highway. City records show several modifications to the existing school, the addition of an administrative building, and a recent Conditional Use Amendment to allow the existing elementary school to be demolished and reconstructed (CUP2003-00002). No other records were found. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #2 of 9.38 acres will become 9.24 acres and Parcel #1 of .94 acres • will become 1.37 acres. 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 new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. The minimum lot size requirement in the R-12 zoning classification is 3,050 square feet, and the minimum lot size for school facilities pursuant to Conditional Use requirements is 20,000 square feet. Both lots will be larger than an acre in size. This standard is satisfied. 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; Reducing the size of the larger lot and increasing the size of the smaller lot will not cause a violation of the site development or zoning district regulations. The existing setbacks for the school are non-conforming, but will be complied with when the new school is constructed. Currently, the existing elementary school is located over the lot line that is being adjusted. Once the lot line is adjusted, and the new school is constructed, the NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2003-00019-CF TIGARD ELEMENTARY SCHOOL LOT LINE ADJUSTMENT • • buildings on site will all be compliant with the applicable site development and zoning district regulations for the R-12 zoning classification. This standard is satisfied. The resulting parcels are in conformity with the dimensional standards of the zoning 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. The buildings are pre-existing; therefore the building envelope areas and setbacks are currently non-conforming the dimensional requirements for this zoning district. Neither parcel meets the criteria for a flag lot. Parcel #2 has frontage on SW Grant Avenue, and parcel #1 has frontage on SW Pacific Highway. As indicated in the previous discussion, this adjustment will make the buildings less non-conforming than they currently are. When the new school is constructed, the structures will no longer be non-conforming with regard to setbacks. This criterion 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. There are no flag lots associated with this application. Therefore, this standard does not apply. 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 this Lot Line Adjustment. 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 driveway is associated with this application. Therefore, this standard does not apply. 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: NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2003-00019-CF TIGARD ELEMENTARY SCHOOL LOT LINE ADJUSTMENT • • • 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, 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 MAY 21, 2003, AND BECOMES EFFECTIVE ON MAY 22, 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. Z./le:;t2 May 20, 2003 PREPARED BY: Brad Kilby DATE Associate Planner • NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2003-00019-CF TIGARD ELEMENTARY SCHOOL LOT LINE ADJUSTMENT CITY of TIGARD J $4747 .. GEOGRAPHIC I NFORMATION SYBTEM JOHNSON S ' VICINITY MAP>kb „ *t NI 4, 0* W MIS2003-00019 Al k s,•-* C.F. TIGARD �o �I�`,� I I ELEMENTARY SCHOOL - p. , 410 * LOT LINE AD USTMENT ♦, 'T c,�F 0 • #01} 1* • , , 1+� ♦ , S � �.�RB FRROR �' • • ' q •��os.y� ' ,,.P \k„, ` , 4.),Iwo •• or GI i :. QP OITA�'O BF.F aENq Rq. DURN.A �� I i , ., ♦ � .". di CT BIGRA CT � �-1 . • , ream area Map j I ♦ ♦ qs . ♦ 'A�. N• 7 I Idle „■ 437/W ' •• . 0 200 600 Feet�r■ 1" . . 1'e 404: ARK ST PARK ST • ., �J ,• :'III 4, /A ��.. City of Tigard Lj ., Information on this map is for general location only and )OK LN ♦ Q� V� Nf Oir* Vis sould be verified with tDevelopment Services Division.7312SW Hall Blvd QP • Tigard,OR 97223 HZ)♦ '' A '• . C (503)839"4771 � *4\ http:/Awwv.ci.tigard.or.us Community Development Plot date:May 21,2003;C:\magic\MAGIC03.APR Faro 5/8•Nat ROD N3953'0Dt 449.41 FOUND t/2•RON PPE 11//RED Floc co swam DOWN 0.10' BH 04/30/2003 'TT.UNI SOB. Field DLL 05/01/2003 Colculotions BWP 05/02/2003 Drown dt DLL 05/02/2003 Checked 1y C % 0 Y ti If 0' 30' 60' 120' 7%77 1 L._ o J z a W • a z FOLIO 5/8'NON NOD 11/RED RASDC CAP STAINED Farb 5/8 NON NOD M w t5'swum FOUR 5/B'Nat NOD r/NED RAM FAP STAINED L I L ELI 808' SEVEN moo V r/RED RA=CAP WIPED 11 IkLSEDE•_ S.W. GRANT AVE. OK A30.Pc 623 — 4, 11 Mcu�o6 S.W. GRANT AVE. a In o I _ — a1— (9 11 FOUR 5/8'RCN ROD �' M i1 .r — r — — —!— K SlY7.S10� 8.56 Y J N *MD RASTA:CAP SGYP[D O a O O� Q O Z U 111Mk BOX )0'+� y O CD 0 3 SO o ix wo3 o 0 J O• S �aSNZg P r ` P MaN p ,1-. - if PARCEL E7 A�RFA?41e 758 SCUT. d _ Z --j I E ADJUSTED AREA=59.548 so.Ff. i/] EX1579'1p N tz U F t)UAOINt: 67.06 N Z N 3 PPRCEL DOMINO AIR FA n413.2291 SOFT. o p I ADJUSTED AREA■ 402.503 SCUT. �i J INS a Ct • (g zZ3F_ N27.7' ZO Q EL EXSDNC 9tAL0e/r, l.J O F 99.'54 C) N ~CC moo 5/8'Hatt ROD vi a ¢ _J a r/RED RASDC CAP � „Min IILL s.80B' AD.IUSTED PROPERTI UNE 5( a SAS'00'30b I �� , o a 10.0 10'FASO IT Fat 5r5D0'.V)11 92 FOUR 5/6.11x1 ROD -•-" I psi CET N URA► r/NED RAm CN sU1NED '111JkL5906• ~ I S �Incorporeted P I oleo, EXISTING ammo ake Ferry Ie Oswego Oregon 77ap g� ^ I F PA (601 0.'16-3616 I---10'WAVER J� Tl 787 • UIE EASEIOIT I Br 720.PD 19,71■ Project 5787R160.OWG R•2914.79 1..214.56 PROPERTY A LNE File No. SW PACIFIC HIGHWAY Sl DATA SIAM — — — 04 .S4 6 _DI ER-s4413'501— Sheet No. • • tBIT 92- OTAK EXHIBIT MIS2003-00019 Attn: Jerry Offer 17355 SW Boones Ferry Road C.F. TIGARD ELEMENTARY SCHOOL Lake Oswego, OR 97035 LOT LINE ADJUSTMENT Tigard-Tualatin School District 23J Attn: Stephen Poage 6960 SW Sandburg Street Tigard, OR 97223 0 II A LOT LINE ADJUSTMENT ,,ti�i, TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION ::: PARCEL w ; . 'r Property Address/Location(s): i3I 3 SW Pacific to Tax Map&Tax Lot#(s): a,S I a CB TL.ADD FOR STAFF USE ONLY 1 c`(-• R4�v5�9( Mts �o03 - 0001`9 Site Size: ci 3e 0.,cre Case No.(s): Property Owner/Deed Holder(s)*: (Attach list if more than one) Address: (off(aO SVJ Sa entry Strt et Other Case No.(s): PRE dv�a- t7o I v�{ City/State: 1� acrd,r 0 R Zip: i 112,3 Receipt No.: 01 0U 3 - �(� 7 Primary ContaCi:Sttekttn P ye.„ Trod,- It.alq+itA St;HooI Ai s+ Application Accepted By: C,.• eiU; a7 Phone: Fax: Date: - -S -0 3 _ t{PARCEL,:2_£-_ Date Determined Complete: -Property Address/Location(s): Acne. Rev.7/1/02 is\curpin\masters\revisealaa.doc Tax Map &Tax Lot#(s): 2 S I 2 C a T L ADO Prcth R45607 Site Size: Q,q LI ire s Property Owner/Deed Holders)*: (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS Address:__sum.e- i �Cet (Note: applications will not be accepted City/State: Zip: without the required submittal elements) Primary Contact: Phone: Fax: [Jf Application Form Applicant*/Agent: O4} .K, Iv1C- Ei Owner's Signature/Written Authorization Address: I73.5s- 130014e5 Fe(VII Koc,..d. [J1 Title Transfer Instrument or Deed City/State: (.ak,rt, 105 weyo r o R. Zip: ('1035 [� Preliminary Map (6 copies) Primary Contact Pave L i okevt or. J err Defer Phone:503- (p. -.-31 a Fax: `i,c0- b 357-534c it Site/Plot Plan (6 copies) El/ Site/Plot Plan (reduced 8y x 11°) *When the owner and the applicant are different people, the applicant 2 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) 2/ 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: o 4+vJO parcels of q.38 A. and 0,q 4 .. (number) (acreage or square footage) into 4 vJ O parcels of I. 31 a.. and q•�L a• (number) (acreage or square footage) • Y' List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria; and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of /1/41 • • , 20 e) 3•dit Applicant/Authorized Agent's Signature Owner'- - tui•: Owner's Signature Owner's Signature • 0 • • l.11 Y Ur 113.1-11 J 13125 SW Ha11 Blvd. 3:11:13PM imovoi I Tigard,Oregon 97223 - I (503) 63 9-417 1 Receipt #: 27200300000000001867 Date: 05/08/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2003-00019 [LANDUS]Lot Line Adjustment 100-0000-438000 310.00 Line Item Total: $310.00 Payments: 1111P Method Payer User ID Acct/Check Approval No. How Received Amount Paid TRUST TIGARD-TUALATIN SCHOOL TTSD23J In Person 310.00 Payment Total: $310.00 S t, 4 Page 1 of 1 cReceipt.rpt t !' I Tigard Elementary School Property Line Adjustment Application Narrative Following are the applicable approval standards of Section 8.410.040 for the proposed property line adjustment between tax lots 100 and 200 of WCTM 2S1 2CB, in italics, with responses following each criterion. 1. 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; Response: No additional parcels will be created as a result of the proposed adjustment. There are currently two separate parcels, tax lot 100 and tax lot 200. Upon adjusting the location of the boundary between the two parcels as proposed , there will still only be two parcels. Both tax lot 100 and 200 are currently zoned R-12. Minimum parcel size standards in the R-12 zone are either 3,050 sq. ft. per residential unit or various minimum lot sizes for a variety of particular use types to be approved through a conditional use permit. Proposed parcel one will be 1.37 acres in size after adjustment. The use of the building on parcel one will be vacated prior to or with adjustment of the parcel. As an unused parcel, there is no applicable minimum parcel size for parcel one, although parcel one will be larger than the 3.050 sq. ft/dwelling unit. minimum parcel size assuming a potential use of the parcel for one residential unit and will also be larger than the applicable minimum lot size standards for other permitted and conditional uses in the R-12 zone. The adequacy of the size of parcel one will need to be reviewed by the City for any intended use which is proposed for redevelopment of this parcel. Proposed parcel two will be 9.24-acres in size after adjustment. There is no minimum parcel size standard for a school in the R-12 zone according to the conditional use standards of Section 18.33OO5O.8.a of the Tigard Community Development Code. 2. 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; Response:As noted above, both parcels will not be inconsistent with the applicable minimum lot size standards after the adjustment is accomplished, and will be consistent with other applicable standards of the zoning district as addressed below. We are unaware of compliance of the properties with any other applicable standards of the districts which would be affected by the proposed adjustment. It is noted that there are existing nonconforming setbacks for the school on proposed parcel one; however, the proposed adjustment will not negatively affect the compliance of the school building with the setback standards. 3. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; Response: There is no minimum lot width at the building line standard in the R-12 zone. Therefore, the proposed parcels will not be inconsistent with a minimum lot width standard. 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 the lot area calculation; Response: See above with regard to minimum lot sizes. No flag lots will be created; therefore this latter section of this section is not applicable. 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 minimum 15-foot wide access easement;and Response: Proposed parcel one will have in excess of 300 feet of frontage on SW Pacific Highway after adjustment. Proposed parcel two will have more than 100 feet of frontage on both SW Grant Street and SW School Street after adjustment. Both parcels will therefore be consistent with the minimum frontage standards. d. Setbacks shall be as required by the applicable zoning district. Response: Tigard Community Development Code Section 18.330.050.B.8 provides the following lot size and setback standards for schools, which would be applicable to proposed parcel two: a. There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street,plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; and (4) The rear yard setback shall be a minimum of 30 feet. As noted above, there is no applicable minimum lot size which will apply to proposed adjusted parcel one since the parcel will be without a use. It will be 1.37 acres in size and therefore will be large enough to accommodate most, if not all, of the permitted and o dig 6. 1,,.. .._ �" '— — ' S.W. SCHOOL ST. if d� t* I T — UV I 5a ia A gi TN wi ICI r z a Ir I¢ I e III 1 Ell 3193 ' —111—1 I I I Ali I I I aiN I - ,off ��� 6 ill R I cF I ,� �urn 301;rill 3 I r - I 5i I j u snw 9Ulppp 3,U1 10W 01.xp15,X3 1 iI� Z '130a11d i1 ' R,„ ,A ►1iS Q- _ o'4 N A ' lig , II ii ;I INI51 I I %/ ig 1 fil la 111 iii 1 0. 117 jj 1&'i !IN es.... ito ; i1a Z VI gi`l 7 PRELIMINARY SURVEY/PROPERTY LINE ADJUSTMENT 7.- -q.§:. o a O ^F2rr o ' 0, - g° . ' $ P O R °0 0 0 0 iirn ° g o , " (a) LOTS 41 AND 42 OF NORTH TIGARDVILLE ADDITION PLAT, SITUATED IN THE NW 1/4 0 to 0.o i., P m .",t . >" AND THE SW 1/4 OF SECTION 2, T.2S., R.1W., W.M. NI n CITY OF TIGARD. WASHINGTON COUNTY. OREGON 0 0 0 0 0 I m 12 FORWARD—TUALATIN SCHOOL DISTRICT 23—J 4, 0 w 0 L. 0` • conditional uses allowed in the R-12 district. Since the building on the proposed adjusted parcel one is to be removed prior to recording of the proposed property line adjustment, there are no applicable setbacks to be concerned with at this time. There is no applicable minimum lot size standard for the school use on proposed parcel two. The setbacks of the existing buildings are shown on the preliminary survey/property line adjustment plan relative to the adjusted lot boundaries. The school building on proposed adjusted parcel two will have front yard setbacks in excess of 50 feet from both SW School Street and SW Grant Street, although there is currently a modular classroom building within 15 feet of SW School Street. The location of this modular building relative to property boundaries will not be affected by the proposed adjustment. In addition, the school building will not meet the minimum 20-foot side yard setback standard from the northeastern (27.71 feet minimum) property boundary or the 30-foot rear yard setback standard from the southeastern (10.66 feet minimum) boundary of the proposed adjusted parcel one. It is noted that these setbacks are not negatively affected by the proposed property line adjustment and therefore should be considered to be nonconforming situations which would be allowed to continue. In fact, the current boundary between tax lots 100 and 200 will be relocated so as to eliminate an existing encroachment of the school building onto tax lot 100, as is clearly shown on the plan. Applicable side and rear yard setback standards will be satisfied in all other areas of the site, as shown on the preliminary plan. • if, First American Title Insurance Company of Oregon � r An assumed Easiness of TITLE INSURANCE COMPANY OF OREGON vJ ;rRsre 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 (503) 222-3651 • FAX (503) 790-7865 or (503) 790-7858 August 22, 2002 RECD NOV 19 2002 Order No. 971223 Re: Tigard-Tualatin School District LOT BOOK SERVICE Fee: $225.00 Tigard-Tualatin School District 6960 SW Sandberg Road Tigard, OR 97223 Attention: Matt Brady Telephone No.: (503) 431-4048 Fax No.: (503) 431-4020 We have searched our Tract Indices as to the following described property: For legal description see Exhibit "A" attached hereto; and as of August 12, 2002 at 8:00 a.m.: We find that the last deed of record runs to: SCHOOL DISTRICT NO. 23; We also find the following apparent encumbrances prior to the effective date hereof: 1. An easement created by instrument, including the terms and provisions thereof; Recorded : October 17, 1960 in Book 436, page 623 Favor of : Tigard Sanitary District For : Sewer pipelines Affects : Vacated Grant Avenue 2. An easement created by instrument, including the terms and provisions thereof; Recorded : December 11, 1968 in Book 726, page 652 Favor of : Tigard Water District For : Water pipelines Affects : Southwesterly 10 feet of Parcel V 3. An easement created by instrument, including the terms and provisions thereof; Recorded : September 5, 1972 in Book 885, page 951 Favor of : Adjacent property owners to the South of Parcel V For : Road, street and utility Affects Southwesterly 10 feet of Parcel V 4. Unrecorded leases or periodic tenancies, if any. • • • Page 2 Order No. 971223 We have also searched our General Index for judgments and state and federal tax liens against the above named grantees and find the following: -NONE- We also find the following taxes and city liens: 1. Taxes for the fiscal year 2002-2003 a lien not yet payable. 2. Taxes, including the current fiscal year, not assessed because of School Exemption. If the exempt status is terminated an additional tax may be levied. Account Nos. R465696 and R465687. 3. City Liens, if any, of the City of Tigard. THIS IS NOT A TITLE REPORT, since no examination has been made of the title to the above described property. Our search for apparent encumbrances was limited to our Tract Indices and therefore above listings do not include additional matters which might have been disclosed by an examination of the record title. We assume no liability in connection with the Lot Book Service and will not be responsible for errors or omissions therein. The charge for this service will not include supplemental reports, rechecks or others services. FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON JENNIFER L. WATSON Commercial Title Officer Voice (503) 790-7866 Fax (503) 790-7856 E-Mail jewatson @firstam.com JLW:jlw THANK YOU-FOR CHOOSING FIRST AMERICAN TITLE We look forward to assisting you in all of your title and escrow needs • Order No. 971223 EXHIBIT "A" PARCEL I: A tract of land located in Section 2, Township 2 South, Range 1 West of the Willamette Meridian in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the most Northerly corner of Lot 41, NORTH TIGARDVILLE ADDITION;thence Southwesterly along the Northwesterly line of said Lot, 1 .665 chains to a point equally distant from said Northerly corner and most Westerly corner of said Lot, said point being the Northwesterly corner of the H.J. Jackson and C.J. Jackson land; thence Southeasterly along the Northeasterly line of said Jackson land to a point on the Southeasterly line of said Lot 41, equally distant from the Northeasterly corner and Southeasterly corner thereof, being the Northeasterly corner of said Jackson land; thence Northeasterly along the Southeast line of said Lot 1.69 chains to the Northeasterly corner thereof; thence Northwesterly along the Northeasterly line of said Lot to the point of beginning. PARCEL II: A tract of land located in Section 2, Township 2 South, Range 1 West of the Willamette Meridian in the ' .' City of Tigard, County of Washington and State of Oregon, described as follows: • Beginning at an iron pipe on the centerline of Grant Street (formerly Ruedy Avenue) and which iron pipe bears North 39°53' East 396.5 feet and South 54°15' East 392.0 feet from the stone at the one-quarter corner between Sections Vied 3, which stone is said to be also the initial point of aforesaid NORTH TIGARDVILLE ADDITION;thence from said iron pipe and true point of beginning on the centerline of Grant Street North 39°53' East 211.3 feet to an iron pipe found; thence North 57°40' West 20.00 feet to an r iron pipe on the Northwesterly line of the existing roadway; thence continuing North 57°40' West 374.6 feet to an iron pipe; thence South 39°53' West 187.8 feet to an iron pipe; thence South 54°15' East 372.0 feet to an iron pipe on the aforesaid Northwesterly line of Grant Street; thence continuing South 54°15' East 20.0 feet to the true point of beginning. TOGETHER WITH that portion of Grant Avenue which inured thereto by Order of Vacation recorded October 26, 1948 in Book 290, page 320. PARCEL III: A tract of land located in Section 2, Township 2 South, Range 1 West of the Willamette Meridian in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at.a point in the center of Graham Avenue, from which point of beginning the one-quarter corner between sections 2 and 3 bears South 39°53' West 584.3 feet; thence, from said beginning point, North 39°53 East 261.4 feet to an iron pipe; thence South 57°40' East 394.6 feet to an iron pipe in the center of Grant Avenue (formerly Ruedy Avenue); thence South 39°54' West in the center of said Grant Avenue 261.4 feet to its intersection with the center of Graham Avenue; thence North 57°40' West in the center of said Graham Avenue 394.6 feet to the point of beginning. TOGETHER WITH that portion of Grant Avenue which inured thereto by Order of Vacation recorded October 26, 1948 in Book 290, page 320. EXHIBIT "A" continued Page 2 Order No. 971223 PARCEL IV: A tract of land located in Section 2, Township 2 South, Range 1 West of the Willamette Meridian in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the most Southerly corner of Lot 41, NORTH TIGARDVILLE ADDITION; thence running Northwesterly along the Southerly boundary line of said Lot 5.77 chains to the most Westerly corner thereof; thence Northeasterly 1.665 chains along the Westerly boundary line of said Lot to a point midway between the Southwesterly and Northwesterly corners of said Lot; thence Southeasterly to a point on the Easterly boundary line of said Lot, which is midway between the Northeasterly and Southeasterly corner of said Lot; thence Southwesterly along the Easterly boundary line of said Lot to the point of beginning. TOGETHER WITH that portion of Grant Avenue which inured thereto by Order of Vacation recorded October 26, 1948 in Book 290, page 320. PARCEL V: A tract of land located in Section 2, Township 2 South, Range 1 West of the Willamette Meridian in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning 19.53 chains North 45° East from the Southern corner of the John D. Hicklin Donation Land Claim No. 37; thence North 45° East 4.74 chains to a stake; thence North 45° West 3.16 chains to a stake; thence South 45° West 4.74 chains to a stake; thence South 45° East 3.16 chains to a stake at the point of beginning. PARCEL VI: A tract of land located in Section 2, Township 2 South, Range 1 West of the Willamette Meridian in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the most Northerly corner of Lot 42, NORTH TIGARDVILLE ADDITION; thence running Northwesterly along the Southerly boundary line of said Lot 5.77 chains to the most Westerly corner thereof; thence Southerly, along the Westerly boundary line of said Lot 42 and Lot 43 to the North line of School Street; thence Southeasterly, along the North line of School Street, to the most Westerly corner of that tract of land described in Deed recorded April 7, 1896 in Book 44, page 391; thence North 45° East, along the Northeasterly line of said Book 44, page 391 to the point of beginning. TOGETHER WITH that portion of Grant Avenue which inured thereto by Order of Vacation recorded October 26, 1948 in Book 290, page 320. r . ' FURNISHED AS A CONVENIENCE • IN LOCATING PROPE�AND THE COMPANY • • THIS MAP IS FURNIS • ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY ACTUAL SURVEY • ST AMER,C '' '+ First American Title Insurance Company of Oregon _ _ • An assumed business name of TITLE INSURANCE COMPANY OF OREGON 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 • (503) 222-3651 O . 8400'9 \ - 28 . 44 901 4100 '� • /•b ' 4"ft �a / \ /4Aa• 2 + 85 se o q'► 46Ae. 4; , / ti•�' 46 903 .� 6 6.., fib• y a qy New F26 P23-74 . \ p�p .,� b ° 900 loo W I/4 SW I/4 SECT• ~ qb 98Ae. • �J�.i bq �`1 r n iC ` WASHINGTON sy°?i `` /� J :r..- 1 / �` I i ��O Qy,;�` SCAI 200 TL.?-LOTTED ON �/ ,• , 9.2OAe. 4' MAP 2S1 2/OB / \., _ ey . dg / : <.:` h�7a•,; . /,~yo\ \� ` �+'' tib l '^b• ; 6 1 • \/O / 1 \ ? \ 14303 .. • / �� /<� 42 \\ �•u 33Ac 4% S . •o �\\ 1 is /4306% '..� /._' 0 \ `c),. ,� .23Ac. `�V\ - / ~a b P �l �� ■ \ 4305 .e? 8 /p !� S . ■ / f ~ '' ��� •o '5 0 4302 , , • a, .•SCy // "es.� • asp ".:,: 4304 ', r�22/t..b�..` - bq. 700 �O 43 . <„o'� () , .16AC oo J°Vs • • ° to •. .38Ae.(f�`). fir; \11� �e• • ,•�. .4a b' 4301 '' $ Q'. 1);,,..'O - °7600 T :+ r•%f �° .26Ac ,y.. (�`a \ .26A` ''' r /,b . lr•% r f b•6 sy` °iY / •4 �` • / �s.,s 7► ,s 4--‘', '° 560" . k / .rr '� 'e , '� NL;•. /c a 25Ac. +e / f 4 `900 °+i;, :, �e .27A e. ■ c...**°* �" X e • fr. •o +7Ae. \ :• 100• if" `�\; Z , > '' b 2/Ae: 4 40 ....,...7 \ \�s .4a . .!:• a o 300 e..r,• �� X\ �e r• .0114`°~ 1 100 .sb `� 55Aw ''a e, _ \ ,0•, o''a• 0 24Ac. �� ,s.,• \- --N. f a so So �c 800 s.s , e `a4` �'�4 s.t.o .55 A¢ v `t' - 1200 . r�' •303 �♦ \ \'p tS eeReb c32 be' .29Ae. .,PP •53Ar. \ s asst Z to ~ .,4 2301 'rr $ g • cs.4e 1300 toss y`ay?be `�0 G /.07A0 ..a ` v .26.4C.2 ^• - i�:[ ^ � ��, aril ,n q�n.1 to le. •.. •• • u•r O V •'p ` ' • 7 . t , • • - - Property Account Summary (R465687) - - Property: R465687 2S12CB-00100 023.74 SCHOOL DISTRICT NO. 23 (99982) NORTH TIGARDVILLE ADDITION, LOT PT 41 , , 00000 ACRES .98, NON-ASSESSABLE All Batch: Inq - Eff Date Paid: 09/15/2002 ID# Bill ID Levied Tax Tax Paid Interest Amount Paid Date Paid 1 . 1994.12880 0 0.00 0.00 0.00 2. 1995.40212 0 0.00 0.00 0.00 3. 1996.42369 0 0.00 0.00 0.00 4. 1997.44113 0 0.00 0.00 0.00 5. 1998.45051 0 0.00 0.00 0.00 6. 1999.46524 0 0.00 0.00 0.00 7. 2000.35744 0 0.00 0.00 0.00 8. 2001 .136586 0 0.00 0.00 0.00 *** No taxes are due on this property *** *** End of Display *** (CB) Change Batch (DP) Payments (0) OAA ( .) More Enter Option From Above, or <RET> or 'X' to Exit: _ • Property Account Summary (R465696) - - Property: R465696 2S12CB-00200 023.74 SCHOOL DISTRICT NO. 23 (99983) NORTH TIGARDVILLE ADDITION, LOT 42 PT 41 & , 00000 43, ACRES 9.20, NON-ASSESSABLE All Batch: Inq - Eff Date Paid: 09/15/2002 ID# Bill ID Levied Tax Tax Paid Interest Amount Paid Date Paid 1 . 1994.13009 0 0.00 0.00 0.00 2. 1995.40364 0 0.00 0.00 0.00 3. 1996.43295 0 0.00 0.00 0.00 4. 1997.45085 0 0.00 0.00 0.00 5. 1998.46028 0 0.00 0.00 0.00 6. 1999.47523 0 0.00 0.00 0.00 7. . 2000.35844 0 0.00 0.00 0.00 8. 2001 .136684 0 0.00 0.00 0.00 *** No taxes are due on this property *** *** End of Display *** (CB) Change Batch (DP) Payments (0) OAA ( .) More Enter Option From Above, or <RET> or 'X' to Exit: ' h 4322 • EASEMENT • KNOW ALL MEN BY THESE PRESENTS, That SCHOOL ' • DISTRICT NO. 23, Washington County, Oregon, in consideration of the sum of gym, and other considerations, the receipt of which is hereby acknowledged, does bargain, sell, convey, transfer and deliver unto TIGARD SANITARY DISTRICT, a municipal corporation, a permanent easement and right-of-way under and along the following described property, to-wit: A 15 foot strip, being 7 1/2 feet on each side of a center line which is described as follows: i Beginning at an iron pipe which boars north 390 53' East 396.5 feet and south 540 15' East 392 feet from the stone at the quarter corner between Sections.2 and 3, Township 2, South Range 1 West, W.M., Washington County, Oregon: and going thence from said iron pipe and the _ true point of beginning on the center line of Grant Street as vacated, north 390 53' - East 472.7 feet to and terminating at a point which is also the most easterly corner of that tract of land conveyed to School District No. 23 by John Carstensen and Mary Carstensen, his wife. -- • THIS Easement grants unto the TIGAR.D SANITARY DISTRICT the perpetual right to enter upon the hereinabove described real property it - any time that it may see fit and construct, maintain and repair underground pipelines and/or mains for the purpose of conveying sewage over, across, through and under said property, together with the right to excavate and re- • fill ditches and/or trenches for the location of said pipelines and/or mains. PAGE I- EASEMENT ' z BOOK 436 o 623 • • 4322-1- • and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and Maintenance • of said pipelines and/or mains. This instrument. however, does not grant to or convey unto TIGARD SANITARY DISTRICT any right or title to the surface of the soil along the route of said pipelines and/or mains, except for the purpose of locating, constructing and maintaining. • In addition to the permanent right and easement hereinabove granted. TIGARD SANITARY DISTRICT is granted a temporary right of use during the initial location and construction of the sewer pipelines and mains over and along a strip of land 15 feet in width lying contiguous to the above-described and granted permanent easement. • The TIGARD SANITARY DISTRICT recognises that the easement herewith granted crosses the school pze,perty of School District No. 23; that in the use of the easement for the purposes granted, TIGARD SANITARY DISTRICT m' et fully recognize and have due regard to the rights of school children and others using the surface area of the granted easement; thus, TIGARD SANITARY DISTRICT, by acceptance of this easement, agrees that it will properly barricade all open ditches, compact ditch areas on backfilling and level all settling thereafter resulting within the area of the easement and attributable to the system of the TIGARD SANITARY DISTRICT and its use of the easement area for the purposes herein granted. IN WITNESS WHEREOF, this Easement has been executed and acknowledged pursuant to appropriate resolution of the School Board. • SCHOOL DISTRICT NO. 23, WASH- INGTON COUNTY, OREGON BY 011j/Nlftigaal PAGE II - EASEMENT Borg 436.rASE624 • • t • • 4322.3 . • - STATE Or OREGON ) .• ) se. • . County of Washington ) - • BE IT REMEMBERED, That on this // day of October, 1960 before me, the uadersigned. a Notary Public is and for said County and • State. personally appeared the within named-4�i1i�,,.4 6.�lo�%tr ti •who stated that he is the (2%1,y,,,.tO,,.f. of SCHOOL DISTRX T - • NO. 23, Washington County, Oregon, and that he executed the foregoing ' instrument in behalf of said School District and in conformity with appropriate resolution, and acknowledged to me that he executed the same freely and voluntarily. . IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal the day and year last above written. ;7rtary " 1-1 c for Oregon • My Commission Expire.: Cersnsssion Expires May 26,1964 • • so.4 tar too • B436 FEE • • • - • i *.;..,:•. X141 EASEMENT C SCHOOL DISTRICT NO. 23, WASHINGTON COUNTY, OREGON. who took title as THE DIRECTORS OF SCHOOL DISTRICT NO. 23. JOINT • OF WASHINGTON AND MULTNOMAH COUNTIES, OREGON, hereinafter referred to as "Grantor," in consideration of the sum of One Dollar, the ;. receipt of which is hereby acknowledged, to us paid by TIGARD WATER DISTRICT, a municipal corporation of Washington County, Oregon, herein- • i• . after referred to as "Grantee," do hereby grant, bargain, sell, convey . and transfer unto Grantee, its successors and assigns forever, a perms- nent easement over and upon the following described real property: A portion of that tract of land in Section 2, Township 2 I. South, Range I West, Willamette Meridian, Washing- ton County, Oregon, to The Directors of School Dis- trict No. 23, joint of Washington and Multnomah Coon- ties of Oregon, in Rook 44, page 391, Washington County, Oregon Deed Records, more particularly des- cribed as follows: ...!i:... : ' • . A strip of land 10 feet in width I tar=oi:adjacent and parallel to and northeasterly of the southwesterly line . of the aforementioned school tract; excepting therefrom that portion taken for.highway purposes. - This Easement shall be for the construction, maintenance and re- pair of an underground pipeline and/or mains for the purpose of conveying i water over, across, through and under the hereinabove-described real property, and shall include the perpetual right to enter upon said real pro- perty at reasonable times, together with the right to excavate and refill ditches for the location of said pipelines and/or mains, and the further right • to remove all obstructions interferring with the location, construction and maintenance of said pipelines and/or mains. Grantoa',—i - Grantee, its successors and assigns, covenants that it shall restore • said real property to its original,condition as nearly as is practical, upon • the completion of construction and upon completion of any subsequent main- tenance and repair work. TO HAVE AND TO HOLD said easement and right of way unto the Grantee, its successors and assigns forever. The Grantor reserves the right to the use or the right to grant the use of the easement area to any other party to.such extent as will not reasonable inter- • ! - fete with the rights herein granted. • `tj Page I - EASEMENT PCs 726 PAGE652 . ,_ . 8 141 r. This Easement is • covenant running with the land. Dated , 19613.. Grantor: SCHOOL DISTRICT NO. 23, . • WASHINGTON COUNTY, OREGON . " /lc' , • ' B . ./: • • :j : /. . r t: , Y By • • STATE OF OREGON ) ) ss. County of Washington ) • • -Ci i On this day of ir•-'r,YeAf l-e , 1968, personally ap- peared /) 'er•r c •/..ir_ 'ref- and . • who being each dulyrsworn did say that the former is the eLit*E and the latter is the of.SCHOOL DISTRICT NO. 23, WASHINGTON COUNTY, OREGON, and that the seal affixed to the fore- going instrument is the corporate seal of said corporation, and that said instrument was signed and delivered on behalf of said corporation by • authority of its Board of Directors; and they ac'aowledged said instru- ment to be its voluntary act and deed. f� Before me: • • ;; ci /... • . /� t .•' .e.•••'-!_Irotary Public for Oregon • My Commission Expires: - / - A. 4 .;,,yn1Y 01 W...1 )I.,,• • INDEXED I Rope)Inn^,som.D•rectur of Records and • Elect.ons and E.Off rocs Recorder of Conveyances • for said county.do hereby:enrfy that the Yethin . . •nstrument of...norm)was'evened and recorded n book of records No. • ........................ 7.1 G . • of said County Wanes my hand and seal affixed. ROGER THOMSSEN•Director of Records a EleciIo i DECII 908A$'51 weld. • en 726 PAGE 653 • Page II - EASEMENT • �,....., d ,.,.I... , ...... .. ;,I .•N' .. -- .. . • • 11312 • • • KNOW ALL MEN BY THESE PRESENTS That SCHOOL DISTRICT • #23J, Washington County, Oregon, hereinafter termed the' "District, " • . and JACK A. ROBERTSON and ODETTE A. ROBERTSON, husband and wife, hereinafter termed "Robertson," • W -I T N E S S E T H : • • • That for and in consideration of the mutual benefits to be attained by each of the parties and the promises and agree ments herein contained: 1. Robertson dces hereby grant and convey to the Dis- • trict, its successors and assigns, a nonexclusive right of way and easement for road, street and utility purposes on, over, along, across and within the f011Owii:y"uGJt,yiLed t.ci'tior, of L t 33, - a NORTH TIGARDVILLE ADDITION, in Section 2, Township 2 South, .Range 1 West, Willamette Meridian, Wa. hington County, Oregon: Beginning at the most easterly corner of said Lot 33, NORTH TIGARDVILLE ADDITION; thence North • f.:' . 45° 00' West 207.39 feet, more or less, along the com mon boundary line between said Lot 33 and Lot 43, . NORTH TIGARDVILLE ADDITION, to the most northerly corner. is of said Lot 33; thence South 45° 00' West 10 feet along the northwesterly boundary of said Lot 33 t, a point; • thence South 45° 00' East parallel to and distant 10 feet from said common boundary line between said Lots 33 • and 43 to a point on the northwesterly right-of-way line • of Southwest Pacific Highway; thence Northeasterly along said highway right-of-way line to the point of beginning. • 2. The District does hereby -rant and convey to Robertson, their heirs and assigns, a nonexclusive right of way and easement for road, street and utility purposes on, over, along, across and within the following-described portion of Lot 43, NORTH TIGARDVILLE ADDITION, in Section 2, Township 2 BOOK 885 PAGE 951. _ , _ . • • . 11312 Sout1, Range .1 West, Willamette Meridian, Washington County, Oregon: . Beginning at the most easterly corner of Lot 33, NORTH TIGAI:DVII,LE ADDITION; thence North 45°' 00'. West 207.35 feet, more or less, along the common. boundary line between said' Lot 33 and Lot 43, NORTH TIGARDVILLE :` ADDITION, to the most northerly corner of said Lot 33; . thence North 45° 00' East 10 feet to -a point in said Lot 43; thence South 45° 00' East parallel to and dis tant 10 feet from said common boundary line between said Lots 33 and 43 to a point on the northwesterly -right-of- • • way line of Southwest Pacific Highway; thence South- westerly along said highway right-of-way line to the point of beginning. • • . 3. The intent and purpose of the respective grants • "herein set forth is to confirm of record and to ratify the • existence of a mutual easement for road, street and utility pur- poses 20 feet in width, being 10 feet on either side of said common boundary line between said Lots 33 and 43, NORTH TIGARDVILLE • ADDITION, as an easement appurtenant to said Lot 33 and an ease- . ment appurtenant to said Lot 43 owned respectively by xobertson and the District. The easement granted by Robertson herein is in ratification and confirmation of a previous grant of record in Book 179, page 33, Deed Records of Washington County, Oregon, to • • the District, and the grant by the District herein is in considera- tion •of the condition in said deed that the District grant an easement over a like st..-ip of land, 10 feet in width, and both . parties acknowledge that the District has heretofore macadamized said 20-foot right of way and the right of way is now in use. 4. The parties further agree to equally share future maintenance and upkeep costs of said mutual easement area for , • • road purposes; provided, however, that neither party shall be • liable for any obligation created by the other party hereto except • . with prior written consent. •BOOK 885 PAGE 952 , 2 - .- _ .. _ .... .. ..+'7axzasat�wac:e+tarsrc'�!.e?.Ztsorr:::.;_.,::. .. ,-m-..r•.,ra�A-ice' • 11312 IN WITNESS WHEREOF SCHOOL DISTRICT #23J, Washington County, Oregon, acting by and through its duly undersigned of- • t' ficers pursuant to resolution of its Board of Directors, and • Robertson, have executed this agreement to bear date the /? day ,� Y of l�fi , 1972. SCHOOL DISTRICT #23J, Washington County, Oregon /��f By 0Q....art • aii .n J- A. 'obert/s�on / �/// Ii. fit_ / eel L i C r Odette A. Robertson • • .... • •1.: Boa 885 • • ,1.4: • 11312 STATE OF OREGON 4 ss Cili County of Washington_ ) • On this l! -"day of Alfrust. , 1972. before me ap-- - _• . peared TOM FISHER and DELBERT S. FENNELL, both to me personally • known, who being duly..sworn, did Fay .that he. said. TOM .FISHER, - - is the Chairman, and he, said DELBERT S. FENNELL, is the Clerk . . of SCHOOL' DISTRICT #23J,. Washington County, Oregon,' the within- , . . . . • - named school district, and that said instrument was signed .and sealed in behalf of said school district by authority. of itA ' board of directors; and TOM FISHER and DELBERT..S. FENNELL : acknowledged said instrument to be the -free act and deed 'of said school district. IN TESTIMONY WHEREOF 3.-have hereunto sat my hand and affixed my official seal- the day and year last above written. • - - - i---teiti) r_Zel4,e.,:.._ . • Notary Public or Oregon - My comm. expires: , � . 9, iy� • • STATE OF OREGON ) • • /� ,y r►, � ) ss f- e , 1972 'fl County of thloa ) • Personally appeared the above-named JACK A. ROBERTSON, and ODETTE A. ROBERTSON, husband and wife, and acknowledged.,the foregoing instrument to be their voluntary act i.nd deed:0;'; •!,:• Before me: .•, .• K;,• - Notary ,P c for OregoeD '•• . My comm. expires:Mi Cormass�A1re �utY 9i 1971• (/ STATE OF OREGON • County of Washington • I, Roger Thomsen, Director of Records i and Electiora•and Ex-Officio Recutder of Corr . . 'c` veyancn for said county, do hereby certify that the-within Instrument of writing was received and recorded in book of records No. .._.. _ Y,...— -.. of sold County -.4.:•:. Witness my hand and teal affixed. ROGER THOMSSEN, Director of ;;ice.: Records & Elections ` . Set 12K t. arouti 0 BOOK 885 PACE 954 + .. _ ..� .^vr•..-'tom,:t ,r.._M'. - _ - -