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MIS2003-00032 • NOTICE OF TYPE I DECISION "URBAN SERVICE AREA" 41,0 LOT LINE ADJUSTMENT (MIS) 2003-00032 CITY OFTIGARD ( �'ommunity Development TRUST FOR PUBLIC LAND.LOT LINE ADJUSTMENT ShapingAOetterCommunity 120 DAYS =3/31/2004 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: TRUST FOR PUBLIC LAND LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2003-00032 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of 4.11 acres will become 4.15 acres and Parcel #2 of 3.66 acres will become 3.21 acres. OWNER Trust for Public Land OWNER Same PARCEL 1: Attn: Bob Betcone PARCEL 2: 806 SW Broadway Portland, OR 97205 LOCATIONS: PARCEL 1: WCTM 2S105CD, Tax Lot 00200 (No Address) (4.11 acres) PARCEC 2: WCTM 2S105CD, Tax Lot 00100 (No Address) (3.66 acres) Both Properties are located south of SW Barrows Road at the east terminus of SW Tuscany St. and the north terminus of SW 158 Avenue. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential. ZONING DESIGNATION: R-7 Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. 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 findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2003-00032—TRUST FOR PUBLIC LAND LOT LINE ADJUSTMENT • • CONDITION OF APPROVAL ,:::_. LINE E FOLLOIIV'..:G CON ::PRIOR TOwTHE-,,RECORDING'_OF THE LOT L ;ADJUSTMENT;=.TH ={ INk CON CONDITION ASH"ALL°BE.SATISFIED."UNLESS OTHERWISE NOTED,THE STAFF CONTACTFSHALLrBE N r �. " BRADkICI< B1(INTHE P.LANNIPIGDIVISIONAT,503i9-417'I: ;®..._.-»3 1. Prior to recording, a survey map and legal descriptions showing the new lot lines shall be reviewed and approved by the Planning Department. The survey map shall include all access and utility easements. `-$ 3 -1. THISrAPPROVAL:SHALLFBEV ALgID FOR18;�MONTHS ^r $; #`FROIUf THEEFFECTIVEDATEOF:THISDECISION :-Y "E'si£;+''.e%.r.$!'£ ;.<:s€i�'t'v. �'. - —z9,,.;wx ek.,n r.r->._ s:>✓:b,,.,s -e: e.:i,-..�<s;;..-rtz>,.,g;,�%"•-:r"--+•vari",-%,',:�?:•. '4�,^ssr.yv ...:rz' ' ::- .,.,,,f?�,s. .. °��,�:Fs SECTION III. BACKGROUND INFORMATION Site Information: Both sites are vacant pieces of property. Other than a pre-application meeting for a subdivision earlier this year, no land use records were found. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of 4.11 acres will become 4.15 acres and Parcel #2 of 3.66 acres will become 3.21 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 in the R-7 zoning designation is 5,000 square feet. Both parcels are over three acres and will exceed the minimum requirement. Therefore 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; There are no structures on either of the two parcels, and due to the size of the remaining parcels, neither lot will be in violation of site development or zoning regulations. Should either property be developed, the applicant would be subject to the appropriate review for the proposed development thereby ensuring compliance with the site development and zoning regulations that are in place at the time of development. This standard is satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2003-00032-TRUST FOR PUBLIC LAND LOT LINE ADJUSTMENT • • • 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. There are no structures on the site, and plenty of room for a building envelope. The lot areas far exceed the minimum lot size requirement for the R-7 zone. Neither site is a flag lot. Property #1 fronts SW Tuscany Street for 42 feet. Property #2 fronts SW 156 Terrace for 42 feet. Thus both lots meet the 15 foot requirement. These standards are 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: 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. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2003-00032-TRUST FOR PUBLIC LAND LOT LINE ADJUSTMENT • • 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 DECEMBER 3, 2003, AND BECOMES EFFECTIVE ON DECEMBER 4, 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. C December 3, 2003 PREPARED BY: Brad K y DATE Associate Planner �--��� ' December 3, 2003 APPROVED BY: Richard Be erdorfF DATE Planning Manager NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2003-00032-TRUST FOR PUBLIC LAND LOT LINE ADJUSTMENT CITY of TIGARD :' ' �, " ' , EO111 I LAZE CT SW It w F EE DR IN: 11111.x:- X111' 'S�� �� SW :. � 111111 . � �1 �� L.. i. WAY_ ■ N �_tt� � - � , � ip .1. •• 11111,. : 111\ --� S- a 1!P!aMIS20000032 - ONE WAY �P SWOP" �,e Will 11 •. `► 11aiiiiiii X111 MI111111110p11111.. TRU ST FOR PUBLIC a.� , VE � IIiiiVi� SW SUNDE�N� .�„� � LAND LOT LI N E immo 1 az, ---_ ADJUSTMENT SW CATTAIL T �I II •41111111111 i 1I1!;lj' H . \_��. � 5 , I!'!:111111� BAKER LN ,ccommI .io Tigard Area Map 11011.11111111.1 ,��sy, A =R0 LN ' ,Q� - Ni 1111111 of Nor "Mu. \ � 0 100 200 300 400 Feet 1"=310 feet s IS11111111 EIS �R�sy yr a1,,L t ig SW COLONY PL 1RCity of Tigard, ' ■ Information on this map is for general location only and Ole. u.i should be verified with the Development Services Division. 13125 SW Ha1181vd SW C• ONY PL nBara,OR 97223 Trill ill111111 Zt, ;C 639-4171 agi 1 s � Q htlp:/Awvw.cLtlgard.Or.us Plot date:Dec 4,2003;C:\magidorus CO3.APR Community Development • • AFFIDAVIT OF MAILING C.OF TIGARD Community Development Shaping Better Community I, Patricia L. Lunsfor4 being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of 7igar Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) I © NOTICE OF DECISION FOR: MIS2003-00032/TRUST FOR PUBLIC LAND LOT LINE ADJUSTMENT ❑ AMENDED NOTICE (File NoJName 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 December 4,2003,and deposited in the United States Mail on December 4,2003, postage prepaid. p,,,,e.-z:e, ,,A , ,,,,,}(Person that P pares Notice i Cou o� tya �ss CitY Subscribed and sworn/a/ed before me on the /0 day of De_.y, , 2003. () OFFICIAL SEAL ( J BENGTSON NOTARY PUBLIC OREGON ) / f ((( COMMISSION NO.368086 ` I A I • 1 MY COMMISSION EXPIRES APR.27,2007 Cam- .- `"`�~��1.��`�``�' NOTARY PUBLIC 1 OREGON My Commission Expires: 414)-07 • • • EXHIBIT, 8: -Y DECISION ; : ,� �.; a� NOTICE�OF�T PEI C �� i`"�-> " �` "URBAN SERVICE AREA: I � ;A °5°<' ` € {L•d 1 , � :, _ ;>S:', sf ;is 'b`"« :`CITY OF TIGARD;" .J: LOT.LINE-ADJUSTMENT(MIS) 2003 00032;. 4 ro4 , Community Development=;.` :aa,- .°;y .,£ m ;.yShaptngA BetterCommunity ,r >•z;TRUST FOR:PUBLIC LAND LOT LINEADJUSTMENTA 120 DAYS =3/31/2004 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: TRUST FOR PUBLIC LAND LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2003-00032 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of 4.11 acres will become 4.15 acres and Parcel #2 of 3.66 acres will become 3.21 acres. OWNER Trust for Public Land OWNER Same PARCEL 1: Attn: Bob Betcone PARCEL 2: 806 SW Broadway Portland, OR 97205 LOCATIONS: PARCEL 1: WCTM 2S105CD, Tax Lot 00200 (No Address) (4.11 acres) PARCEL 2: WCTM 2S105CD, Tax Lot 00100 (No Address) (3.66 acres) Both Properties are located south of SW Barrows Road at the east terminus of SW Tuscany St. and the north terminus of SW 158 Avenue. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential. ZONING DESIGNATION: R-7 Medium-Density Residential District. The .R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. 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 i :.' ';;;�:" / .w� .-�. .. .vi�9:�r Notice is hereby given`that the:,City of Tigard Communyity Development Director's-designee ,has APPROVED the,above request subject to;certain�conditions ofL approva iii Tl e;,findings; and,"conclusions'on which,theldecision is based-are noted in Section4IV'."" of Y NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2003-00032—TRUST FOR PUBLIC LAND 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 BRAD KILBY IN THE PLANNING DIVISION AT 503-639-4171. 1. Prior to recording, a survey map and legal descriptions showing the new lot lines shall be reviewed and approved by the Planning 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: Both sites are vacant pieces of property. Other than a pre-application meeting for a subdivision earlier this year, no land use records were found. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of 4.11 acres will become 4.15 acres and Parcel #2 of 3.66 acres will become 3.21 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 in the R-7 zoning designation is 5,000 square feet. Both parcels are over three acres and will exceed the minimum requirement. Therefore 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; There are no structures on either of the two parcels, and due to the size of the remaining parcels, neither lot will be in violation of site development or zoning regulations. Should either property be developed, the applicant would be subject to the appropriate review for the proposed development thereby ensuring compliance with the site development and zoning regulations that are in place at the time of development. This standard is satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2003-00032-TRUST FOR PUBLIC LAND LOT LINE ADJUSTMENT • • 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. There are no structures on the site, and plenty of room for a building envelope. The lot areas far exceed the minimum lot size requirement for the R-7 zone. Neither site is a flag lot. Property #1 fronts SW Tuscany Street for 42 feet. Property #2 fronts SW 156 Terrace for 42 feet. Thus both lots meet the 15 foot requirement. These standards are 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: 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. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2003-00032-TRUST FOR PUBLIC LAND LOT LINE ADJUSTMENT • • 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 DECEMBER 3, 2003, AND BECOMES EFFECTIVE ON DECEMBER 4, 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. December 3, 2003 PREPARED BY: Brad Kiy DATE Associate Planner 310164.--Vt Dece mber 3, 2003 APPROVED BY: Richard Brff DATE Planning Manager NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2003-00032-TRUST FOR PUBLIC LAND LOT LINE ADJUSTMENT ,- ■R, ---- I I I I 1,■■' • SSW GLAZT _'■� W - GEOGRAPHIC INFORMATION SYSTEM f , II : - - �. 11�° \ EE D R sw !� VICINITY MAP . _1 I 1 11.. . 11L � � LI► _ WAY I irrill , NCT���� it ' _ ' C I ` ��e,11.1 7 a g al W M IS2003 000 . *.c,� , BRISTLE ONE WAY SWOP �� 10416',/i �`► 111111111 11 �� 111111!1111 c I■ TRUST FOR PUBLIC �/ � 111 sW s"j111111i LAND LOT LINE •• '1 C� Illiluill: ADJUSTMENT sw CATTAIL CT O iiI1b l 1111 1111111 iii■ rilmlifmgmum -. 111 e ORS FERN I MI Oro l i . RD v S =1-JAI& NN 1,, 4 ..-v- ,., IIMEMIE X \\\ '..,,',4 4`1 t.„L\N'''''' 4, :=:-: '"' ' . ',.*,.ST II=��� 1 11 IA ■ �'�l.A�p. �4 '���' 111°11111101 111 111111 iiJIJi • •-• J BAKER LNG_ M■..■..' —`_ Tigard Area Map • 11,, ,p� N RO LN � q4llir 0 100 200, 370 400 Feet ♦ '=310 feet SS i T - �.ca 6.SW COLONY PL City Tigard AU AlliakW0 10 . Information on this map is to general location oMy arM should be verified with the l7evelopment Services Division. SW COLONY PL t3tzsswr+anehd 1lgard,OR 97223 t I (503)639-4171 s�' http:/Mti:CCi.tigard. USI '• Kj Plot date:Dec 4,2003;C:\magic\MAGIC03.APR Community Development • • 2S105CD-00100 EXHIBIT A TRUST FOR PUBLIC LAND THE 806 SW BROADWAY#300 PORTLAND,OR 97205 2S 105C D-00200 TRUST FOR PUBLIC LAND THE 806 SW BROADWAY#300 PORTLAND,OR 97205 7 • • LOT LINE ADJUSTMENT Ato, TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION L tPAREEL 1 x_ Property Address/Location(s): See- aA.Vc-ch.d ,75105 cc) -O o-20o Tax Map &Tax Lot#(s): 25 S c p - v p zvp FOR STAFF USE ONLY Site Size: ccc. Case No.(s): MIS Ow 3'boa 3? Property Owner/Deed Holder(s)*: (Attach list if more than one) Address:t c'vs-k•lac PLAA c. l 4,�J So Co s c.v3ro�',.�� Other Case No.(s): City/State: Pa -,_T> c - Zip: ��Zcs Receipt No.: oZOd3 — 5-7 ckk Primary Contact: ----g610 ►ZeA.c.4%n Application Accepted By: C• Clc( �.eJ Phone: f°fcil (') 2-11-1 1-1,1c.)"\ Fax:( �,71.-114 os Date: /a' / ^ 03 r.PARCEL2 /� o� Date Determined Complete: Property Address/Location(s): Rev.2/28/2003 is\curpin\masters\revised\Ilaa.doc .2S(o5CP -oo r o0 Tax Map&Tax Lot#(s): Z 51 S C. - Ca c-o Site Size: 3. 4.6 Property Owner/Deed Holder(s)*: (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS Address: s (Note: applications will not be accepted City/State: Zip: without the required submittal elements) Primary Contact: Phone: Fax: Applicant*/Agent: 1JApplication Form D- Owner's Signature/Written Authorization Address: Sac- as above_ itle Transfer Instrument or Deed City/State: Zip: Primary Contact: 2--Preliminary Map (6 copies) Phone: Fax: El Site/Plot Plan (6 copies) 1-41( ❑ Site/Plot Plan (reduced 81/2"x 11")4J/Pt- *When the owner and the applicant are different people, the applicant 0'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) iling Fee $ 18.00 must sign this application in the space.provided on the back of this �; form or submit a written authorization with this application. Jurisdiction: ❑ City ►.,Urb PROPOSAL SUMMARY cnec); The owners of record of the subject property request Lot Line Adjustment permission to adjust: I Z• parcels of 44. ti and 3 I (number) (acreage or square footage) into Z parcels of 1.15 and 3. ^ sur.�s--,e� (number) (acreage or square footage) � •• amore. . . Qf, r I 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 Z S day of N61)eU^\ -cam , 20 6 V-2? -J Applicant/Authorized •ge 's Signature Owner's Signature ate. „seQ �SoG1 c- - Couu. Owner's Signature Owner's Signature CITY OF TIGARD 12/1/2003 13125 SW Hall Blvd. 2:10:49PM ar n Tigard,Oregon 97223 11. (503) 63 9-4 17 1 Receipt #: 27200300000000005202 Date: 12/01/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2003-00032 [LANDUS] Lot Line Adjustment 100-0000-438000 113.00 Line Item Total: $113.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Pr Check CHRISTOPHER BECK CAC 2917 In Person 113.00 Payment Total: $113.00 • (� 4 • • Fidelity National Title Company of Oregon nn PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company of Oregon reports that it is prepared to issue, or cause to be issued, as of the specified date, a Policy or Policies of Title Insurance describing the land and the estate or interest described, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of the Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed. The Policy(s) of title insurance to be issued hereunder will be policy(s)of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This report is for the exclusive use of the parties to the contemplated transaction, and the company does not have any liability to any third parties nor any liability until the full premium is paid and a policy is issued. Until all necessary documents are placed of record, the company reserves the right to amend or supplement this preliminary report. Countersig -d - - - • Fidelity National Title Company'of Oregon .. 5-vnn ,900 SW Fifth Avenue • Portland, OR 97204 - (503) 222-2424 • FAX.(503) 227-2274 - PRELIMINARY REPORT . ESCROW OFFICER: Karleen Huggins ORDERNO.: 10-1105784-28 TITLE OFFICER: Terry Lucas TO: Trust for Public Land , ATTN: Bob Betcone 1211 SW 6th Avenue Portland, OR 97204 • OWNER/SELLER: . Trust for Public Land & Bob Betcone . • BUYER/BORROWER: To Follow PROPERTY ADDRESS: 2S15CD-00200,OR EFFECTIVE DATE: December 24, 2002, 05:00 P.M. 1 . The policy and endorsements to be issued and the related charges are: . AMOUNT PREMIUM Government Service Charge 35.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: - A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: The Trust for Public Land, a California non-profit public benefit corporation 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF WASHINGTON, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO.AND MADE A PART HEREOF = KF\KF 01/09/2003 • 1. • Order No. 10-1105784-28 EXHIBIT "ONE" PARCEL 1 : A tract of land located in the Southwest one quarter of Section 5, Township 2 South, Range 1„West of the Willamette Meridian, in Washington County, Oregon, being more particularly described as follows: Commencing at the Southeast corner of the Southwest one quarter of said Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon and running thence West along the South line of said one quarter Section 450 feet to the true point of beginning; thence North parallel with the East line of said one quarter Section 990 feet; thence West parallel with the South line of said one quarter Section 430 feet; thence South parallel with the East line of said one quarter Section 990 feet; thence East following the South line of said one quarter Section 430 feet to the true point of beginning. Excepting therefrom that portion lying within the plat of STANHURST,a duly recorded plat in Washington County, Oregon. Also excepting therefrom that portion lying within a strip of land along the Westerly side of the above described property as described in document which purports to correct boundary lines, recorded February 22, 1982, as Recorders Fee No. 82004318. PARCEL 2: A tract of land located in the Southwest one quarter of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon, being more particularly described as follows: Commencing at the Southeast corner of the Southwest one quarter of said Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon and running thence North following the East line of said one quarter Section 990 feet; thence West parallel with the South line of said one quarter Section 450 feet; thence South parallel with the East line of said one quarter section 990 feet; thence East following the South line of said one quarter Section 450 feet to the point of beginning. Excepting therefrom that portion lying within the plat of STANHURST,a duly recorded plat in Washington County, Oregon. 2 r , • Order No. 10-1 105784-28 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records,. proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings whether or not shown by the records of such agency or by the public records: 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession. 3. Easements, or claims of easements or encumbrances, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gain priority over the lien of the insured deed of trust, which liens do not now appear of record. t SPECIFIC ITEMS AND EXCEPTIONS: 6. The herein described property has been classified as forest lands, as disclosed by the tax roll. In the event of declassification,the property may be subject to additional taxes and/or penalties. 7. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of streets, roads and highways. 8. Easement(s)for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: The Public Purpose: Drainage Recorded: December 9, 1982, Fee No. 82032077 Affects: A strip of land 15 feet in width within Parcel 2 9. Leases and/or tenancies, if any. 3 Y , • • Order No. 10-1 105784-28 10. No search has been made for financing statements filed in the office of the Secretary of State, or in any county other than the county in which the herein described land is located. No liability is assumed for any financing statement filed in the office of the County Clerk (Recorder) covering timber, crops, fixtures or contracts affecting said land if said land is not described by metes and bounds, recorded lot and block or under the rectangular survey system. 11. Personal property taxes, if any. 12. Property taxes, and any assessments collected with taxes, for the fiscal year 2003-2004. Amount: $5.18 Unpaid Balance: $5.18 plus interest, if any Account No.: R1089574 Map No.: 2S15CD-00200 Levy Code: , 023.78 Affects: Parcel 1 13. Property taxes, and any assessments collected with taxes, for the fiscal year 2003-2004. Amount: $4.62 Unpaid Balance: $4.62 plus interest, if any Account No.: R482098 Map No.: 2S15CD-00100 Levy Code: 023.78 Affects: Parcel 2 END OF ITEMS AND EXCEPTIONS NOTES: Note A. Property taxes for the fiscal year 2002-2003, paid in full. Amount: $5.10 Account No.: R1089574 Map No.: 2S15CD-00200 Levy Code: 023.78 Affects: Parcel 1 Property taxes for the fiscal year 2002-2003, paid in full. Amount: $4.56 Account No.: R482098 Map No.: 2S15CD-00100 Levy Code: 023.78 Affects: Parcel 2 Note B. No search has been made or will be made for water, sewer, or storm drainage charges unless the city/service district claims them as liens (i.e., forecloseable) and reflects them • on its lien docket at the date of closing. Buyers should check with the appropriate city bureau or water/service district and obtain a billing cutoff. Such charges must be adjusted outside of escrow. 4 • • Order No. 10-1 105784-28 Note C. A Washington County Ordinance imposes 'a tax of $1.00 per $1,000.00 valuation on certain real property transfers unless an exemption from the tax is granted by the county in accordance with the ordinance. Note D. There are no judgments of record against The Trust for Public Land, a California non-profit public benefit corporation or Marshall-Weber, LLC. Note E. Before issuing its policy of title insurance, this Company will require for review, the following documents from the Limited Liability Company named below. Limited Liability Company: Marshall-Weber, LLC (a) A copy of its operating agreement and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. (b) Confirmation that its Articles of Organization and any restated Articles of Organization have been filed with the Secretary of State. (c) If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. (d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin. (e) If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory to the Company, that it has complied with Oregon "doing business" laws, if applicable. After review of the requested documents, the Company reserves the right to add additional items or make additional requirements prior to the issuance of any policy of title insurance. • We find no record of the above limited liability company filed with the state of Oregon corporation division and will require proof of filing prior to recordation. 5 • . • • SHin Fidelity National Title Company of Oregon N ®® E P Ma # 25105CD 00100 Z0 o w s The drawing below is copied from the public records and is provided solely for the purpose of assisting in locating the premises. Fidelity National Title assumes no liability for variations,if any,in dimensions, area or location of the premises or the location of improvements ascertained by actual survey. t•.73 :.Ii:3T!•tlb 418 • ., •• 8 1)912' '%• _ J e • 2 m 4 .291 i 4, n 60." : . 47.47 _37.32 s . Nm P' 80.00 sin ,49' ..•. :161. - BRISTLECONE (CR 2961) WAY = 3346 e 361718. 66.07 18.8°25.62 66.46 ,- 30.82 60.03 34.18 • .- 4374 - 140.32 07.00' B 7•1, 8• �y`' 74tes wAa 7600 4' ' C�, e7S�7•.eb e T V" ' 4700 � 4800 4600 a 4400 a 4300" 4200 4100 3700 1 357 s 356 366 x 354 g 353 n 352 3 361 b n 4000 to ■ 390 ~ •'� 347 0 350 2 • :741 3 T. ,' 450.00 8700 84 61.67 ' 1111 • ► 100 3.sOAC 2DD E 4.11AC >• . F.,,,,,_..Q. oi...„ ._. ei, i.it-be vl :,,i : ‘------ j-c_e_12... / C� ' ... .., E E. 23- 78 : , 1 .:.... _ ..:.,. . . . . . , . I..... . W ^W ` 27 0 1900 $ Q 28 R c 152.00 1700 1600 "' 1500 is4,38 �' m 24 4 23 m 22 ^ 14000 -. `: 2000 W s" -.. 8 1801 ml ;< '28 ,�3: 17°.00 - _39A0_ 02.36 3.,:l 2200 s ,3$ SW BAKER 104.32 ' 6 -° 29 °¢ b'q 18@.00 48.80 46.18 .: A.47g. LA NZ ! to 476• -38.30_ 86.716 ,,�• NE. 4�0. 88.67 ` - / 183.18 $ 900 $ _N (CR 2538)$x'•m 16 d 74 67.80 mos + s>'`(� lc : 2300 g 1000 1100 r+ ,v 30 = 014.00 17 a 18 J R « >Z f� 1200 1300 )' d 19 S 20 cI ' • • Brief Description of Proposal: The Trust for Public Land (TPL) owns approximately 7.77 acres of undeveloped land located in unincorporated Washington County. The land is subject to Tigard Planning ordinances. A legal description is attached. TPL intends to eventually convey approximately 1/3 of the site to the City of Tigard. The City owns open space property adjacent to the site (to the east) and it is intended that the TPL conveyance will complement the City's existing open space inventory. TPL will conduct a survey of the site so as to designate a legal description for a lot line adjustment. Proposed Uses: The City will determine the uses of the land that will be eventually conveyed. In the event that the City elects to reject the conveyance, most of the land will likely remain undeveloped open space due to its wetland and associated riparian characteristics. • • s Deed of Lot Line Adjustment This instrument implements a lot line adjustment between two, adjacent tax parcels located in Washington County, Oregon. Both parcels are owned by The Trust for Public Land. The existing configuration of Tax Parcel I (tax account R1089574) and Tax Parcel II (tax account R482098) is set forth in Exhibit "ONE" attached hereto. The Adjusted configuration of Tax Parcel I is as follows: A parcel of land located in the Southwest One Quarter of Section 5,Township 2 South,Range 1 West of the Willamette Meridian,in Washington County, Oregon being more particularly described as follows: Commencing at the Southeast Corner of the Southwest One Quarter of said Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon and running thence North following the East Line of said One Quarter Section 990 feet, said point also being the Southeast Corner of the Bull Mountain Meadows No.4 Subdivision; thence west along the Southern Boundary of Said Bull Mountain Meadows No. 4, S89 55'08"W 575.16 feet, to the True Point of Beginning: thence S22 29'37"E 73.91 feet; thence S46 14'33"E 131.38';thenceS75 48'28"E 12.99 feet;thence S 51 46'43"E 159.80 feet; thence S43 52'00"E 57.71 feet; thence S20 30'45"E 39.45 feet; thence S73 186.16 feet; thence N89 45'11"W 437.10 feet thence N00 03'03"W 391.51 feet thence N89 55'08"E 300.46 feet to the True Point of Beginning; said Parcel containing180,981 square feet,4.1548 Acres more or less. The Adjusted configuration of Tax Parcel II is as follows: A parcel of land located in the Southwest One Quarter of Section 5, Township 2 South,Range 1 West of the Willamette Meridian,in Washington County, Oregon being more particularly described as follows: . Commencing at the Southeast Corner of the Southwest One Quarter of said Section 5,Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon and running thence North following the East Line of said One Quarter Section 668.5 feet,to the True Point of Beginning: thence,North following said East Line 321.50 feet,said point also being the Southeast Corner of the Bull Mountain Meadows No. 4 Subdivision; thence west along the Southern Boundary of Said Bull Mountain Meadows No. 4, S89 55'08"W 575.16 feet, thence S22 29'37"E 73.91 feet; thence S46 14'33"E 131.38'; thence S75 48'28"E 12.99 feet thence S 51 46'43"E 159.80 feet . thence S43 52'00"E 57.71 feet; thence S20 30'45"E 39.45 feet thence N73 07'02"E 68.53 feet; thence S89 45'11"E 193.00 feet to the True Point of Beginning; said Parcel containing139,993 square feet,3.2138 Acres more or less. • • • Pg l of 2 Deed of Lot Line Adjustment 7 - . Order No..10-1105784-28 ' EXHIBIT "ONE PARCEL 1: o�. LOA- L: e: j A tract of land located in the Southwest one quarter of Section 5, Township 2 South, Range 1 West of.the Willamette Meridian, in Washington County, Oregon, being more particularly described as follows: • Commencing at the Southeast corner, of the Southwest one quarter of said Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon and running thence West along the_South line of said one quarter Section 450 feet to the true point of beginning; thence North parallel with the East line of said one quarter Section 990 feet; thence West parallel with the South line of said one quarter_Section 430 feet; thence South parallel with the East line of said one quarter Section 990 feet; thence East following . the South line of said one quarter Section 430 feet to the true point of beginning. Excepting therefrom that portion lying within the plat of STANHURST, a duly recorded plat in Washington County, Oregon. Also excepting therefrom that portion lying within a strip of land along the Westerly side of the above.described property as described in document which purports to correct boundary lines, recorded February 22, 1982, as Recorders Fee No. 82004318. PARCEL 2: ' A tract of.land located_in the Southwest one quarter of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon, being more particularly described as follows: Commencing at the Southeast corner of the Southwest one quarter of said Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon and running thence North following the East line of said one quarter Section 990 feet; thence West parallel with the South line of said one quarter Section 450 feet; thence South parallel with the East line of said one quarter section" 990 feet; thence East following the South line of said one quarter Section 450 feet to the point of beginning. _ Excepting therefrom that portion lying within the plat of STANHURST, a duly recorded plat in Washington County, Oregon. • • t -- 2 • a . © 1 7g-71 ! i 1 1 I I 1 MOWUCfl r. 1 1 1 1 I 1 1 L!V LI a Il 1 1 I I ' 1 U L. m 0 'v N T A I N M E TI I .o, I c, j 1 1 1/mr'_;----- NR5F09 r -- -- - - - 58935tIeW 57516' i — I ,tom • . c* I . C, 1 57229.3rE Q ``tt 7191' - `.-.�� (fir o c1Se�l `V e► �.� . SN.Tt!$CANY I 1.: STREET PARCEL I —� TAX LOT ■ J IA{ 200 pRpopgp • N " • PROPERTY UNE d -.� - 3.83ACR EXISTING S7481e E 4n 1299' i n 4.IS ACRES PROPOSED F,:LL'tiA {-. ♦LYF !C1 I . e7 W I • . LOT MR I 169. I , its Zy4. ,m y�' terS11'W 437.,0' - / • 7 __ ._... C --------- III- W -r----- --- i< 6'% ^' U I �6 . . 1. 3 i I I i I A r T " E---- -- --1I1 I I 1 I .. . I I I • . TRUST FRO PUBLIC LAND TA C-iyF , Inc. • X LOT 200 Planning •Engineering • Surveying PARCEL I- SITE PLAN 5630 S.W. -Riverside Lane Suite # 4' Portland, Oregon 97239 Scale: Project No.: Crowing Name: (503) 246-1200 1" = 100' 2003-0333-02 33301 re04.dw (503) 246-2579 fax P 9 J www.cni-eng.com • .. . • . - . . ..• - • 0 • . - - . . . • • . . . . .. _ . . . . . . . . . i k V . s , 1 , - - . , - k 1.1 1. l. M 0 t:!N't A I N t!,4 E: A I; :.', W 3 slia 4" , . . . . I I . . ! , § . ! !,:, . .•,, ; M.!;:,:l' 1 Or . e.,..0 I :,:if , ..,.. 1 .——■-. 1...——■ s89s5.08.c75—.J6, 7_,L ,..a t.P.,(/ .041 I . . I S2229'37T TIDE • . _ _ . - Pr o?0 Sec() i 1 .,.2 • 11)•- - Id . . PARCEL 11 I 1 / TAX LOT ', 1 PROPOSED 100 PROPERTY UNE . ' • . frig .,I _ S75'48'28"E .1.54 ACRES EJILSTINC . 1 1199' l*: .- TT '" 3.2I ACRES PROPOSED . 1-111 .<8 I w. . . 1 I . . 1 . - . . .,, eN-, LI . . I . . . . • ..1.. —S-945l?*c__ 19.3.00'_._ . • tv. 011 ---- ......1. , LO7 - I .......".. 23 ........." 1 LOT 24 • " 5 1 A IN 1-1 t.; c,' S T " . . ' I I 0 . I . . _ ' I . 1 . . . I . L_ _ __ __ • I 1 _ . • • i 1 1 . t . i I• . H H . . , 1 . . . . r --\ ■ . TRUST FRO PUBLIC LAND C■ Feonsulting, Inc. .. . TAX LOT 100 Planning • Engineering • Surveying PARCEL 11 SITE PLAN f 5630 S.W. Riverside Lane Suite # 4 Portland, Oregon 97239 • Scale: Project No.: ' Drawing Name: (503) 246-1200 (503) 246-2579 fax 1" = 100' 2003-0333-02 • 33301pre04.dwg vrww.cnf—eng.corn . • . . . • ______ . . . . , • . . . •