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MIS2005-00015
• NOTICE OF TYPE I DECISION - LOT LINE ADJUSTMENT (MIS) 2005-00015 `'"' CITY OF TIGARD Community�DeveCopment DALTON LOT LINE ADJUSTMENT Shaping A Better Community • 120 DAYS = 1/24/2006 THIS DECISION HAS BEEN REVISED TO REFLECT THE CORRECT MAP NUMBERS OF. PARCEL 2 AND PARCEL 3. ALL OTHER INFORMATION REMAINS THE SAME. SECTION I. APPLICATION SUMMARY FILE NAME:. DALTON LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) M1S2005-00015 PROPOSAL: The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3) separate parcels. Parcel #1 of 70,515 will become approximately 104,433.square feet. Parcel #2 of 43,503 will become 12,096 square feet. Parcel #3 of 15,787 square feet will become 13,726 square feet respectively. APPLICANT: Steven Dalton 10160 SW Nimbus Ave #F-1A Tigard, OR 97223 OWNERS PARCELS 1 & 2: Kathleen M. Tibbets Survivor's Trust George L. Tibbets Family Trust 12275 SW James Street Tigard, OR 97223 PARCEL 3: Kathleen M. Tibbets Survivors Trust 12275 SW James Street Tigard, OR 97223 LOCATIONS: PARCEL 1: SW No Address; WCTM 2S103CB, Tax Lot 800 PARCEL 2: 12235 SW James Street; WCTM 2S103CB, Tax Lot 700 PARCEL 3: 12275 SW James Street, WCTM 2S103CB, Tax Lot 1000 ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitted. 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 5 MIS2005-00015—DALTON LINE ADJUSTMENT O CONDITIONS OF APPROVAA PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINES IN THE PLANNING DIVISION AT 503-639-4171. 1. Prior to recording all accessory buildings shall be removed from Parcel 1. 2. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: All three parcels are surrounded by residential uses and are much larger than the minimum requirement of 7,500 square feet. Parcels 2 and 3 are developed with single family residences._ Parcel 1 is vacant. The proposed lot line adjustment will allow for future development of Parcel 1. Proposal Description:. The applicant is proposing to adjust two. (2) property lines, which will reconfigure three (3) separate parcels. Parcel 1 of 70,515 will become approximately 104,433 square feet. Parcel 2 of 43,503 will become 12,096 square feet. Parcel 3 of 15,787 will become 13,276 square feet respectively. 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 fora 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; three (3) lots exist and three (3) lots will remain after the proposed adjustment. The R-4.5 zone has a minimum lot size of 7,500 square feet. The applicant's site plan illustrates the two reduced parcels will be approximately 12,096 and 13,276 square feet after the adjustment. 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; NOTICE OF TYPE I DECISION PAGE 2 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT Based on the site plan, rrexisting structures on Parcels 2 or 3 will be in violation of the required setbacks. Only the side yard setbacks of parcels 2 & 3 and the rear yard setback of parcel 3 are being affected by the adjustment. The new side setbacks will be approximately 17.49 feet for Parcel 2 and 31.43 feet for Parcel 3. These exceed the five feet required. The rear yard setback on Parcel 2 is approximately 25 feet. After the adjustment the now vacant Parcel 1 will have several detached outbuildings on site with no primary use. Because accessory structures are incidental and subordinate to the main use of the property, these outbuildings must be removed. These standards will be satisfied if the conditions of approval are met. 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 reduced lot sizes of parcel 2 from 43,503 to approximately 12,096 and Parcel 3 from 15,787 to 13,276 square feet still provide adequate width and size to meet the dimensional requirements of the R-4.5 zoning district. The above standard requires lots created through the partition process to front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. Parcel 1 will have approximately 54 feet of frontage on SW James Street. Parcel 2 is a will have approximately 119 feet of frontage on SW James Street. Parcel 3 will have approximately 121 feet of frontage along SW James Street. The standard refers to the partitioning of parcels only. The requested approval is for a lot line adjustment which does not adversely affect accessibility to the parcels. As discussed above, the existing structures on Parcels 2 and 3 will meet setback requirements for the R 4.5 zone. Therefore, these criteria have been met. With regard to flag lots: • When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. • A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed lot line adjustment creates one flag lot. The applicant has requested a Pre- application meeting for a ten lot subdivision on Parcel 3. This proposed plan includes developing a public street within the "flag" portion of the lot. Once divided the standards for flag lots are no longer applicable. If the site is developed as a flag lot, the developer must meet setback requirements for the structure and screening standards for the access drive. These criteria have been met. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. NOTICE OF TYPE I DECISION PAGE 3 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT The new flag created fo Parcel 1 will be approximately 10•eet in length. This length of access way would not prompt special design requirements for fire-fighting capabilities. The applicant states the developer will comply with any fire district requirements that may be required. Therefore, this standard has been satisfied. 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. All three parcels have individual street access. No common drive is being proposed with this application. Any future developments of a common access drive must ensure access and maintenance rights of all affected parcels. This standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Although a flag is being created for access to Parcel 1, no access drive is proposed with this application. The applicant's future plan is to construct a public street for access into a ten lot subdivision. Any further division of Parcel 1 will require compliance with access, egress and circulation standards. Access for Parcels 2 and 3 is pre-existing. 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 dedication 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 OCTOBER 4 2005, AND BECOMES EFFECTIVE ON OCTOBER 5, 2005. NOTICE OF TYPE I DECISION PAGE 4 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT 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. a. C�� October 5, 2005 APPROVE BY: Cheryl Caines DATE Permit Technician • • NOTICE OF TYPE I DECISION PAGE 5 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT * 4.111-W**, * Ali< AT,* all . = CITY of TIGARD* E • ��� BROO•(;, GEOGRAPHIC INFORMATION SYSTEM / 1:11 0 _/ gym, / ■ ' Incur& MAP 11% IAA. ^II ■010 i ......ges at/ . . �. ■ SW . 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'....,■.� , '• 1g ar,O Hall Blvd 1• ■� Tigard,OR 97223 a a �, ■���I�� �'�M ••■■ (503)839-4171 - http:A�vw.ci.tigard.or.us Community Development Plot date:Oct 4,2005;C:lmagic\MAGIC03.APR • NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2005-00015 CITY OF TIOARD Community(Development DALTON LOT LINE ADJUSTMENT s(rap• A Better COmmunity 120 DAYS = 1/24/2006 SECTION I. APPLICATION SUMMARY FILE NAME: DALTON LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2005-00015 PROPOSAL: The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3) separate parcels. Parcel #1 of 70,515 will become approximately 104,433 square feet. Parcel #2 of 43,503 will become 12,096 square feet. Parcel #3 of 15,787 square feet will become 13,726 square feet respectively. APPLICANT: Steven Dalton 10160 SW Nimbus Ave #F-1A Tigard, OR 97223 OWNERS PARCELS 1 & 2: Kathleen M. Tibbets Survivor's Trust George L. Tibbets Family Trust 12275 SW James Street Tigard, OR 97223 PARCEL 3: Kathleen M. Tibbets Survivors Trust 12275 SW James Street Tigard, OR 97223 LOCATIONS: PARCEL 1: SW No Address;WCTM 2S103CB, Tax Lot 800 PARCEL 2: 12235 SW James Street; WCTM 1 S103DC, Tax Lot 700 PARCEL 3: 12275 SW James Street, WCTM 1S103DC, Tax Lot 1000 ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitted. 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 5 MIS2005-00015—DALTON LINE ADJUSTMENT • • CONDITIONS OF APPROVE PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINES IN . THE. PLANNING DIVISION AT 503-639-4171. 1. Prior to recording all accessory buildings shall be removed from Parcel 1. 2. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: All three parcels are surrounded by residential 'uses and are much larger than the minimum requirement of 7,500 square feet. Parcels 2 and 3 are developed with single family residences. Parcel 1 is vacant. The proposed lot line adjustment will allow for future development of Parcel 1. Proposal Description: The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3) separate parcels. Parcel 1 of 70,515 will become approximately.104,433 square feet. Parcel 2 of 43,503 will become 12,096 square feet. Parcel 3 of 15,787 will become 13,276 square feet respectively. 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; three (3) lots exist and three (3) lots will remain after the proposed adjustment. The R-4.5 zone has a minimum lot size of 7,500 square feet. The applicant's site plan illustrates the two reduced parcels will be approximately 12,096 and 13,276 square feet after the adjustment. 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; • NOTICE OF TYPE I DECISION PAGE 2 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT Based on the site plan,. existing structures on Parcels 2 or3• will be in violation of the required setbacks. Only the side yard setbacks of parcels 2 & 3 and the rear yard setback of parcel 3 are being affected by the adjustment. The new side setbacks will be approximately 17.49 feet for Parcel 2 and 31.43 feet for Parcel 3. These exceed the five feet required. The rear yard setback on Parcel 2 is approximately 25 feet. After the adjustment the now vacant Parcel 1 will have several detached outbuildings on site with no primary use. Because accessory structures are incidental and subordinate to the main use of the property, these outbuildings must be removed. These standards will be satisfied if the conditions of approval are met. 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 reduced lot sizes of parcel 2 from 43,503 to approximately 12,096 and Parcel 3 from 15,787 to 13,276 square feet still provide adequate width and size to meet the dimensional requirements of the R-4.5 zoning district. The above standard requires lots created through the partition process to front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. Parcel 1 will have approximately 54 feet of frontage on SW James Street. Parcel 2 is a will have approximately 119 feet of frontage on SW James Street. Parcel 3 will have approximately 121 feet of frontage along SW James Street. The standard refers to the partitioning of parcels only. The requested approval is for a lot line adjustment which does not adversely affect accessibility to the parcels. As discussed above, the existing structures on Parcels 2 and 3 will meet setback requirements for the R 4.5 zone. Therefore, these criteria have been met. With regard to flag lots: • When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. • A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed lot line adjustment creates one flag lot. The applicant has requested a Pre- application meeting for a ten lot subdivision on Parcel 3. .This proposed plan includes developing a public street within the "flag" portion of the lot. Once divided the standards for flag lots are no longer applicable. If the site is developed as a flag lot, the developer must meet setback requirements for the structure and screening standards for the access drive. These criteria have been met. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. NOTICE OF TYPE I DECISION PAGE 3 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT The new flag created IP Parcel 1•eet in length. This length of T e g a cel 1 will be approximately g g . access way would not prompt special design requirements for fire-fighting capabilities. The applicant states the developer will comply with any fire district requirements that may be required. Therefore, this standard has been satisfied. 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. All three parcels have individual street access. No common drive is being proposed with this application. Any future developments of a common access drive must ensure access and maintenance rights of all affected parcels. This standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Although a flag is being created for access to Parcel 1, no access drive is proposed with this application. The applicant's future plan is to construct a public street for access into a ten lot subdivision. Any further division of Parcel 1 will require compliance with access, egress and circulation standards. Access for Parcels 2 and 3 is pre-existing. 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 dedication 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 OCTOBER 4 2005, AND BECOMES EFFECTIVE ON OCTOBER 5, 2005, NOTICE OF TYPE I DECISION PAGE 4 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT 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. a__ �7 - C GL4J October 4, 2005 APPRO D BY: Cheryl Caines DATE Permit Technician • • NOTICE OF TYPE I DECISION PAGE 5 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT p� CITY of TIGARD• (%�. .,. m . . . ■¢ , GEOGRAPHIC INFORMATION SVSTEM. E, '. . C( BROO C■ ■.;�O �f' _� '�'''' '� � � lir YIgN17'Y MAP Allik $W lb 1111 •-� t • ,1111 �- .� �, 40 P fir' i ■■ _ ■ ■�■r� ■ i. . ■■ .. MIS2005-0001.5 I. )4 it 1. •iII1■ ! ira' DALTON LOT 1111 al �� r LINE ADJUSTMENT ��■� 1111 � ■� .:,1 . �s�■ .. ° 1 Irr - ■1�■■■■■,■ ■ � laiiiiall111 ■�■1 r ■ 11111► � 111 , 1 ■ Ii R�1 U ■ ■ 11114,0111:11111 rkS FER' = maim ' $iq!jij■ �° �___ __ �4111 BEEF RENO RD. ', ` ` ` u••••I•iiiii ,� �� T1gad Area Map • S*iiI5fJj N ♦ �►�Q * , *♦ r1t�- I1Iuiiiiiii,..1�ii eet .. ►� ♦ 0 4ot1 a� F r1 .1111► ♦ 1�+.... °3 , , •. 515 feet A111111 ji Pp IP nip.�._ 111i■11111■t ■� w � 11 -- � ■,, ,ti:e Ipwkrerco.,e ■ -iks #70 ig 1 �.•• .•,r . --'-1111 .y4.. ��, , � City of Ttgard,• , , ,• IIIII == • , '' �" i Arttol Information on this map Is for general bcatlon ony and T. ,0 . 1111. 1 ,,,, should be verified with the Development Services Division.III0 STLER' 13gar,O Hall Blvd y hisai .'� IR Tigard,OR 97223 p http:f 'ci.tgad.Or.us v■� Plot date:Oct 4,2005;C:\magic\MAGIC03.APR Community Development • • ,,, FIDAVIT OF MAILING ''' • CITY OF TIGARD Community cDeve(opment Shaping Better Community • I, cPatriciaL.Lunsford being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative SpeciaGstfor the City of Tigard,Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © • NOTICE OF DECISION FOR: MIS2005-00015/DALTON 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 October 4,2005,and deposited in the United States Mail on October 4,2005, postage prepaid. 1./ - am 1 _�: A 0, �I LA n�. . . . (Person at Pre-.re•, otice) .. / sZATEoEoAccoN ) • County o Washhington )s.. City of Tigard ) n?L Subscribed and sworn/affirmed before me on the day of - ' ... , 2005. i z,, OFFICIAL SEAL r -• r, SUE ROSS r_ ,\\W...' NOTARY PUBLIC-OREGON " CO1MM ::iON NO.375152 E j MY COMMISSION a:;'IiRES DEC.1,2007 _...-_ _.._-. ___ NOT i ' OF OREGON Mil C ,sionExpires: 102—(-0 7 • EXHIBITA- NOTICE OF TYPE I DECISION - LOT LINE ADJUSTMENT (MIS) 2005-00015 '`°��- CITY OF TIOARD DALTON LOT LINE ADJUSTMENT Community eveoommnt Shaping A Bettter Community 120 DAYS = 1/24/2006 SECTION I. APPLICATION SUMMARY FILE NAME: DALTON LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2005-00015 PROPOSAL: The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3) separate parcels. Parcel #1 of 70,515 will become approximately 104,433 square feet. Parcel #2 of 43,503 will become 12,096 square feet. Parcel #3 of 15,787 square feet will become 13,726 square feet respectively. APPLICANT: Steven Dalton 10160 SW Nimbus Ave #F-1A Tigard, OR 97223 OWNERS PARCELS 1 & 2: Kathleen M. Tibbets Survivor's Trust George L. Tibbets Family Trust 12275 SW James Street Tigard, OR 97223 PARCEL 3: Kathleen M. Tibbets Survivors Trust • 12275 SW James Street • Tigard, OR 97223 LOCATIONS: PARCEL 1: SW No Address; WCTM 2S103CB, Tax Lot 800 PARCEL 2: 12235 SW James Street; WCTM 1S103DC, Tax Lot 700 PARCEL 3: 12275 SW James Street, WCTM 1 S103DC, Tax Lot 1000 ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitted. 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 5 MIS2005-00015—DALTON LINE ADJUSTMENT • . • CONDITIONS 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 CHERYL CAINES IN THE PLANNING DIVISION AT 503-639-4171. 1. Prior to recording all accessory buildings shall be removed from Parcel 1. - 2. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: All three parcels are surrounded by residential uses and are much larger than the minimum requirement of 7,500 square feet. Parcels 2 and 3 are developed with single family residences. Parcel 1 is vacant. The proposed lot line adjustment will allow for future development of Parcel 1. Proposal Description: The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3) separate parcels. Parcel 1 of 70,515 will become approximately,104,433 square feet. Parcel 2 of 43,503 will become 12,096 square feet. Parcel 3 of 15,787 will become 13,276 square feet respectively. 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; three (3) lots exist and three (3) lots will remain after the proposed adjustment. The R-4.5 zone has a minimum lot size of • 7,500 square feet. The applicant's site plan illustrates the two reduced parcels will be approximately 12,096 and 13,276 square feet after the adjustment. 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; NOTICE OF TYPE I DECISION PAGE 2 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT Based on the site plan, Pexisting structures on Parcels 2 orb, will be in violation of the required setbacks. Only the side yard setbacks of parcels 2 & 3 and the rear yard setback of parcel 3 are being affected by the adjustment. The new side setbacks will be approximately 17.49 feet for Parcel 2 and 31.43 feet for Parcel 3. These exceed the five feet required. The rear yard setback on Parcel 2 is approximately 25 feet. After the adjustment the now vacant Parcel 1 will have several detached outbuildings on site with no primary use. Because accessory structures are incidental and subordinate to the main use of the property, these outbuildings must be removed. These standards will be satisfied if the conditions of approval are met. 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 reduced lot sizes of parcel 2 from 43,503 to approximately 12,096 and Parcel 3 from 15,787 to 13,276 square feet still provide adequate width and size to meet the dimensional requirements of the R-4.5 zoning district. The above standard requires lots created through the partition process to front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. Parcel 1 will have approximately 54 feet of frontage on SW James Street. Parcel 2 is a will have approximately 119 feet of frontage on SW James Street. Parcel 3 will have approximately 121 feet of frontage along SW James Street. The standard refers to the partitioning of parcels only. The requested approval is for a lot line adjustment which does not adversely affect accessibility to the parcels. As discussed above, the existing structures on Parcels 2 and 3 will meet setback requirements for the R 4.5 zone. Therefore, these criteria have been met. With regard to flag lots: • When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. • A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed lot line adjustment creates one flag lot. The applicant has requested a Pre- application meeting for a ten lot subdivision on Parcel 3. This proposed plan includes developing a public street within the "flag" portion of the lot. Once divided the standards for flag lots are no longer applicable. If the site is developed as a flag lot, the developer must meet setback requirements for the structure and screening standards for the access drive. These criteria have been met. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. NOTICE OF TYPE I DECISION PAGE 3 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT The new flag created foritrcel 1 will be approximately 100 feet• in length. This length of access way would not prompt special design requirements for fire-fighting capabilities. The applicant states the developer will comply with any fire district requirements that may be required. Therefore, this standard has been satisfied. 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. All three parcels have individual street access. No common drive is being proposed with this application. Any future developments of a common access drive must ensure access and maintenance rights of all affected parcels. This standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Although a flag is being created for access to Parcel 1, no access drive is proposed with this application. The applicant's future plan is to construct a public street for access into a ten lot subdivision. Any further division of Parcel 1 will require compliance with access, egress and circulation standards. Access for Parcels 2 and 3 is pre-existing. 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 dedication 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 OCTOBER 4 2005, AND BECOMES EFFECTIVE ON OCTOBER 5, 2005. NOTICE OF TYPE I DECISION PAGE 4 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT • 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. O ctober 4, 2005 APPRO D BY: Cheryl Gaines DATE Permit Technician NOTICE OF TYPE I DECISION PAGE 5 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT �� c _ CITY of TIGARD ~ 1111 /`,2, ' , 1 ' ¢ GEOGRAPHIC INFORMATION SYSTEM 4 p o L + • 11 • /iii BROOK CT . . YICI NITY MAP ONO I s A ♦ gi au �►/_qv,III∎ I hi sW BAMBI LN, NI W ��, SW -_, • W Q QI 0. Q ,4.•;-irt-7 , SW ER'OL ST MIS2005 00015 m. _ ..s. 0 \14!. 0110 All . .r..1' MARIE CT o� <_ 41„ - DALTON. LOT n� m c „lore �y TIPPITTPL LINE ADJUSTMENT •_, i a _ CARMEN ST co 1111 al �� �'NSDOV/N / \ E 4N CE ALBERTA ST / v _ 1 ?i fivi'Y•RS FERR RD J F9NNE- abA E CT �\\\\�\\ \ — I 6 fF ,. D w •�. / JAMES RD _e r' O ` pNPi k ♦ BULL MT R9, BDNITA •D:. BEEF RENO RD R. ,_i�_, ' 1, 1111 ' # 4* W MARION ST , Q� 4.W Tigard Area Map • J 411" , N � ♦ N SW FfOLLO EN 4 • ,N . „ ,_ - • ' ' 2/116� ' 0 • 400 800 Feet Jt Al' o S V s _E N ", •.11_ � 1"=515 feet ,**'4n1 AM 0111 e `� .gloh.41,9):5-„ .c-cameilmiTy orm,,,, do i. am T.:. W TALON LN = . City of Tigard _.. WHISTERS, Q` Information on with map is for general location only Di and 1111,,,. AIRVIEW should be verified with the Development Services Division. . / --A HISTLER'S LP �� 11. 13125 SW Hall Blvd 1111115.001111 NM A Ll'i Tigard,OR 97223 r"1 p S 73 A tuiii \KELLY LN , (503)639-4171 'was `� I m i�i� I I _ / � l httP Ov+v^v.ci.tigard.onus • . 1N-t pl i ( Plot date:Oct 4,2005;C:\magic\MAGIC03.APR Community Development 2S103C3-00700 • EXHIBIT TIBBETS GEORGE L FAMILY TRUST& TIBBETS KATHLEEN M SURVIVOR'S TRUS BY TIBBETS KATHLEEN/MCCOY MICH 12235 SW JAMES RD TIGARD,OR 97223 2S103CB-01000 TIBBETS KATHLEEN M SURVIVOR'S T BY TIBBETS KATHLEEN M& MCCOY MICHAEL R/COLIN S TRS 12275 SW JAMES ST PORTLAND,OR 97223 2S103CB-00800 TIBBETS KATHLEEN M SURVIVORS TR TIBBETS GEORGE L FAMILY TRUST 12235 SW JAMES RD TIGARD,OR 97223 Steven Dalton • 10160 SW Nimbus Ave. , #F-1A Tigard, OR 97223 • AFFIDAVIT OF MAILING CITY OF TIG ARD Community<Ueve(opment S(iaping A Better Community I, Patricia L.Lunsford being first duly sworn/affirm, on oath depose and say that I am a Senior AcfministrativeSpeciartstfor the City of Tigard, Washington County, Oregon and that I served the following: {Check Appropnate Box(s)Below} © NOTICE OF DECISION FOR: MIS2005-00015/DALTON LOT LINE ADJUSTMENT NI AMENDED NOTICE (File NoJName Reference) ��I ® 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 October 5,2005,and deposited in the United States Mail on October 5,2005, postage prepaid. - •Alie (Perso - 're. r Noti STATE OE OV GON ) County of Washington )ss City of sgard ) �, Subscribed and sworn/affirmed before me on the I day of 2005. OFFICIAL SEAL SUE ROS `°_ NOT�.µY PUBLIC-OS REGON COMfk�!;�IC,N N0.375152 MYCOMh41cSlOP ?;DES DEC,1,2007 LiCZO NOT BLIC OF OREGON My C mmi ion Expires: I al '/'C17 • EXHIBIT A NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2005-00015 �L�' CITY OF TIOARD Community Development DALTON LOT LINE ADJUSTMENT ShapingA Better Community 120 DAYS = 1/24/2006 THIS DECISION HAS BEEN REVISED TO REFLECT THE CORRECT MAP NUMBERS OF PARCEL 2 AND PARCEL 3. ALL OTHER INFORMATION REMAINS THE SAME. SECTION I. APPLICATION SUMMARY FILE NAME:. DALTON LOT LINE ADJUSTMENT CASE NO.: . Lot Line Adjustment (MIS) . MIS2005-00015 PROPOSAL: The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3) separate parcels. Parcel #1 of 70,515 will become approximately 104,433 square feet. Parcel #2 of 43,503 will become 12,096 square feet. Parcel #3 of 15,787 square feet will become 13,726 square feet respectively. APPLICANT: Steven Dalton 10160 SW Nimbus Ave #F-1A Tigard, OR 97223 OWNERS PARCELS 1 & 2: Kathleen M. Tibbets Survivor's Trust George L. Tibbets Family Trust 12275 SW James Street Tigard, OR 97223 PARCEL 3: Kathleen M. Tibbets Survivors Trust 12275 SW James Street Tigard, OR 97223 LOCATIONS: PARCEL 1: SW No Address; WCTM 2S103CB, Tax Lot 800 PARCEL 2: 12235 SW James Street; WCTM 2S103CB, Tax Lot 700 PARCEL 3: 12275 SW James Street, WCTM 2S103CB, Tax Lot 1000 ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitted. 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 5 MIS2005-00015—DALTON LINE ADJUSTMENT • OF APPROVAL• CONDITIONS O A L PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINES IN THE PLANNING DIVISION AT 503-639-4171. 1. Prior to recording all accessory buildings shall be removed from Parcel 1. 2. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. • THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: All three parcels are surrounded by residential uses and are much larger than the minimum requirement of 7,500 square feet. Parcels 2 and 3 are developed with single family residences. Parcel 1 is vacant. The proposed lot line adjustment will allow for future development of Parcel 1. Proposal Description: The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3) separate parcels. Parcel 1 of 70,515 will become approximately 104,433 square feet. Parcel 2 of 43,503 will become 12,096 square feet. Parcel 3 of 15,787 will become 13,276 square feet respectively. 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; three (3) lots exist and three (3) lots will remain after the proposed adjustment. The R-4.5 zone has a minimum lot size of 7,500 square feet. The applicant's site plan illustrates the two reduced parcels will be approximately 12,096 and 13,276 square feet after the adjustment. 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; NOTICE OF TYPE I DECISION PAGE 2 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT Based on the site plan, *existing structures on Parcels 2 o• will be in violation of the required setbacks. pOnly the side yard setbacks of parcels 2 & 3 and the rear yard setback of parcel 3 are being affected by the adjustment. The new side setbacks will be approximately 17.49 feet for Parcel 2 and 31.43 feet for Parcel 3. These exceed the five feet required. The rear yard setback on Parcel 2 is approximately 25 feet. After the adjustment the now vacant Parcel 1 will have several detached outbuildings on site with no primary use. Because accessory structures are incidental and subordinate to the main use of the property, these outbuildings must be removed. These standards will be satisfied if the conditions of approval are met. 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 reduced lot sizes of parcel 2 from 43,503 to approximately 12,096 and Parcel 3 from 15,787 to 13,276 square feet still provide adequate width and size to meet the dimensional requirements of the R-4.5 zoning district. The above standard requires lots created through the partition process to front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. Parcel 1 will have approximately 54 feet of frontage on SW James Street. Parcel 2 is a will have approximately 119 feet of frontage on SW James Street. Parcel 3 will have approximately 121 feet of frontage along SW James Street. The standard refers to the partitioning of parcels only. The requested approval is for a lot line adjustment which does not adversely affect accessibility to the parcels. As discussed above, the existing structures on Parcels 2 and 3 will meet setback requirements for the R 4.5 zone. Therefore, these criteria have been met. With regard to flag lots: • When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. • A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed lot line adjustment creates one flag lot. The applicant has requested a Pre- application meeting for a ten lot subdivision on Parcel 3. This proposed plan includes developing a public street within the "flag" portion of the lot. Once divided the standards for flag lots are no longer applicable. If the site is developed as a flag lot, the developer must meet setback requirements for the structure and screening standards for the access drive. These criteria have been met. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. NOTICE OF TYPE I DECISION PAGE 3 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT • The new fl ag created fo ltr ce 11 will be approximately 100 feet in length. This length of access way would not prompt special design requirements for fire-fighting capabilities. The applicant states the developer will comply with any fire district requirements that may be required. Therefore, this standard has been satisfied. 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. All three parcels have individual street access. No common drive is being proposed with this application. Any future developments of a common access drive must ensure access and maintenance rights of all affected parcels. This standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Although a flag is being created for access to Parcel 1, no access drive is proposed with this application. The applicant's future plan is to construct a public street for access into a ten lot subdivision. Any further division of Parcel 1 will require compliance with access, egress and circulation standards. Access for Parcels 2 and 3 is pre-existing. 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 dedication 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 OCTOBER 4 2005, AND BECOMES EFFECTIVE ON OCTOBER 5, 2005. NOTICE OF TYPE I DECISION PAGE 4 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT 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. • Q October 5, 2005 APPROVE BY: Cheryl Caines DATE Permit Technician • NOTICE OF TYPE I DECISION PAGE 5 OF 5 MIS2005-00015-DALTON LINE ADJUSTMENT �__ I a CITY of TIGARD m I li• .',,E/,' ,1111 • • _• GEOGRAPHIC INFORMATION SYSTEM �0 ♦� =1 I 'BROO. OIL ' VICINITY MAP a ..,.... • •• ip ', •. ••�• 1111-S■.LN■ ■�it 10:a# . MIS2005-00015 741 74 ■ ,_'IECT� ■05A DALTO N LOT � �■■ ;�� �1II LINE AD USTM E NT it ■'1 il �. IIiU ALBERpm _� ■• ■■■■■„■, uiIIuliir1 :/.RS FERR 11all . -i ( �� . k4)\4 .�:1 SAME D .' �� BULL MTR �Ill, ` \� TAR D.♦ ♦ `i ::d. ar F�' I � ,% `o�F \- GEE • .5--=' , � MARION ST ∎. e�' IELD CT /M . ': ♦ 1111 W Tigard Area Map Atiltla er .O�Q ♦ 1011141101111111110/A& , , *wAs� NA stall, ' C. r "i",rr ♦ �' ♦ 0 . 400 800 Feet-1111 wilow •�1„N„1,,,, mg* • . P 1”.515 feet pm a�` qpwrtIIIIItltIIIIII 1111. .ti^�•. W/ , City of Tigard / • N 1 &JI_a14s_ ui Mill EN . • X11 ��r-- i ■_T. ,/ : 1 =■ --1.,,.' ,,',1. ,� 11 Iould b tion oe this map is for general Station only and all ./ U = HISTLER'S LP should be verified with the HS Services Division. 13.5.W..„.. lgar,O • A. ',ai • _■_'-_ _ •' o '..■.1'',i ■I.. -- Tigard• Lt 97d or 1 0__ _.a.,,, .���-di - 11',11 (503)839.171 _ http:lhvww.ci.tigard.or.us Community Development Plot date:Oct 4,2005;C:\magic\MAGIC03.APR 2S103CB-00700 • • EXHIBIT , 9 TIBBETS GEORGE L FAMILY TRUST& TIBBETS KATHLEEN M SURVIVOR'S TRUS BY TIBBETS KATHLEEN/MCCOY MICH 12235 SW JAMES RD TIGARD,OR 97223 2S103CB-01000 TIBBETS KATHLEEN M SURVIVORS T BY TIBBETS KATHLEEN M& MCCOY MICHAEL R/COLIN S TRS 12275 SW JAMES ST PORTLAND,OR 97223 2S103CB-00800 TIBBETS KATHLEEN M SURVIVORS TR TIBBETS GEORGE L FAMILY TRUST 12235 SW JAMES RD TIGARD,OR 97223 Steven Dalton 10160 SW Nimbus Ave. , #F-1A Tigard, OR 97223 • LIDAVIT OF MAILING • CITY OF TIGARD Community rDeve(opment Shaping Better Community I, Patricia L.Lunsford being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative SpeciaCastfor the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropnate Box(s)Below) © NOTICE OF PENDING LAND USE APPLICATION FOR: VAR2005-00014/VOLPE SUBDIVISION 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 October 4,2005,and deposited in the United States Mail on October 4,2005, postage prepaid. / ,/ ifr� (Pers.- a -r-.aretift STATE OAF OgEGON ) County of-Washington. )ss City of Tigard ) � Subscribed and sworn/affirmed before me on the -1 day of , .Q.L,GA�1.,.Lt , 2005. OFFICIAL SEAL �-, { S TE ROSS \" NOTARY PUBLIC-OREGON COMMISSION NO.375152 ' I ' :'I'! I I ' I ' MYCOMMISSION EXPIRES DEC.1,2007 MY Co TZT:ion Expires: f.2-(-0 7 • EXHIBITA NOTICE TO MORTGAGEE, LIENHAtER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION ADJUSTMENT CITY OF TIGARD Community Development Shaping Better Community DATE OF NOTICE: October 4, 2005 FILE NUMBER: ADJUSTMENT (VAR) 2005-00074 FILE NAME: VOLPE SUBDIVISION ADJUSTMENT. PROPOSAL: The applicant is requesting approval for a development Adjustment to the recently approved Volpe subdivision in order to exceed the maximum slope of 15% for the proposed Dekalb Street. The applicant is proposing that a section of SW Dekalb Street (approximately 100 feet in length) have a 17% road grade and an additional transitional section (approximately 25 feet in length) have a 16% grade. The requested adjustments are allowed under Section 18.370.020.C.11. ZONE: 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 18.370, 18.390, 18.510 and 18.810. LOCATION: 16480 SW Bull Mountain Road, WCTM 2S108BC, Tax Lot 12100 and 12200. The subject site is located at SW 164th Avenue and SW Bull Mountain Road. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS A T 5:00 PM ON OCTOBER 18, 2005. All comments should be directed to Mathew Scheideq er, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171, or by email to Matts @ci.tigard.or.us. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR OCTOBER 21, 2005. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applile Review Criteria" described in th• Zab section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service.' Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." - h ci.r„i HOA an NW/ NY PL e 11111111=• VICINITY MAP ' 441101 sW°" • 'a VAR2005-00014 — ■ 111111- JHOPE SUBDIVISION pLhL W./WAIN ADJUSTMENT \ 11111111 . t► 611111 Nom ounnulfarM LEI AMILIP.44,1 Mum MUM \... • iiin I,WINN ran* warboorpne. OM SW Mat. MA441 2S108BC-02700 • 2S108BC-02300 • ABBOTT FAMILY TRUST THE& BROWN STEVEN A&CAROL L ABBOTT SURVIVOR'S TRUST THE 16220 SW HAZELTINE LN BY MORAG E ABBOTT TRUSTEE TIGARD,OR 97224 14887 SW 162ND TER TIGARD,OR 97224 2S108BB-00800 2S108BB-00300 AITKEN CHARLES JNERA J TRS BRYANT WILLIAM I AND 14320 SW 164TH AVE KATHY S TIGARD,OR 97224 14460 SW 164TH TIGARD,OR 97223 2S108BB-05900 2S108BC-06100 ANOE KENNEDY E&KIM S BUELT JASON&KIM 16245 SW BULL MTN RD 16222 SW BRAY LN TIGARD, OR 97224 TIGARD,OR 97224 2S10700-01303 2S10860-08000 AVOLIO GERALD P&JANET TRS BYLER GEOFFREY G &DONALEA REV 16650 SW BULL MOUNTAIN RD LIVING TRUST TIGARD, OR 97223 BY BYLER GEOFFREY G/DONALEA TRS 146 DEL PRADO LAKE OSWEGO, OR 97035 2 10700-01302 2S108BB-05400 AV 0 G ALD P&JANET TRS CHIMENTI JOHN P&KELLEY M 1665 ULL MOUNTAIN RD 16230 SW COLONY DR T ARD, OR 97223 TIGARD,OR 97224 2S10700-01400 2S108BC-07800 BAGGENSTOS JAMES K&DARLA A CHIONG EDWARD/LEAH 15252 SW ROY ROGERS RD 16191 SW BRAY LN SHERWOOD,OR 97140 PORTLAND, OR 97224 2S108BC-07900 2S108BC-06000 BAYON WILL Y JR&SHANNON M COOK ROBIN B 16213 SW BRAY LN 16223 SW DEKALB ST TIGARD,OR 97224 - TIGARD, OR 97224 2S108BC-04700 2S108BC-05800 BENDER MICHAEL A& COVARRUBIAS BENNY C JENNIFER L 16189 SW DEKALB ST 14810 SW 162ND TER PORTLAND, OR 97224 TIGARD,OR 97224 2S108BC-04600 2S108BC-08200 BJORKMAN BRETT E&ELISE E DENFELD GARY A& 39/1 SUPHRANG JSK MANSION#2 LAUREN ANN SUKHUMUIT SOI 34 16210.SW COOPER LN PRAKANONG TIGARD,'OR 97224 BANGKOK,TH 100101 2S108BC-10100 2S108BC-10200 BROWN JEFFREY DOVER DANIEL A& 16212 SW POLLARD LN MCGLINCHY JEFFREY W TIGARD,OR 97224 16194 SW POLLARD LN TIGARD, OR 97224 2S108B6-03500 • 2S108BC-08300 • DUDEY JOAN M IRLANDEZ FRANCISCO K TRUST& 14485 SW 164TH AVE IRLANDEZ FLORDELIZA B TRUST TIGARD,OR 97223 16192 SW COOPER LN TIGARD,OR 97224 2S108BB-00700 2 108BC-11600 EDGERTON JEFFREY A& IR DEZ FRANCISCO K TRUST& GAYLE A IRLAND' LORDELIZA B TRUST 14340 SW 164TH AVE 161• W••OPER LN TIGARD,-OR 97224 TI ARD, OR '7224 2S108BB-00600 2S1088C-08100 ENSINGER SEAN D&KARMEN L JUILFS FRED J& LOIS A 14360 SW 164TH AVE 16228 SW COOPER LN TIGARD,OR 97224 TIGARD,OR 97224 2S108BB-00400 2S108BB-00500 GESER ANNE&GARY KRUEGER RANDALL J& 14400 SW 164TH AVE ADRIENNE C FAMILY TRUST TIGARD, OR 97224 14380 SW 164TH AVE TIGARD,OR 97224 2S108BB-02900 2S108BB-05800 GHERASIM MARIE L WARNOCK& LENOIR SUSAN J GHERASIM TEODOR 16205 SW BULL MTN RD 16470 SW WOOD PL TIGARD,OR 97224 TIGARD,OR 97224 2S108BC-06200 2S108BB-03300 HAMILTON BRETT J&CHRISTINE R LIBKE VIRGIL E JOYCE H 16210 SW BRAY LN 14405 SW 164TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S108BC-09800 2S108BC-09900 HEIKKINEN BRYAN&BETH LIU RUIFENG 16215 SW COOPER LN 16225 SW COOPER LN TIGARD,OR 97224 PORTLAND,OR 97224 2S10800-03000 2S1088C-11800 HERNSTEDT CARL E&KRIS T MASTERPIECE CONSTRUCTION INC 15149 SW 161ST AVE 14225 SW 128TH PL TIGARD,OR 97224 TIGARD,OR 97224 2S108BC-02200 2-108BC-1170@ HEYER ANDREW J&RACHEL M MAS - ECE CONSTRUCTION INC 16186 SW HAZELTINE LN 14 S 8TH PL TIGARD,OR 97224 GARD,OR •"224 2S108BC-02400 2S108BC-10000 HUGHES DAVID J&KRISTINA S MOORE MICHAEL G&STEPHANIE J 14975 SW 162ND AVE 16224 SW POLLARD LN TIGARD,OR 97223 TIGARD,OR 97224 • 251086 -02500 • 2S10700-00101 • NORDBY JON'E& ROSHAK KEVIN A NORDBY JULIE R 16515 SW BULL MOUNTAIN RD 14953 SW 162ND TERR TIGARD,OR 97224 TIGARD,OR 97224 2S108BC-02800 2S10700-00105 ODEGARD LEONARD G ROSHAK VICTOR 14859 SW 162ND TER 2409 SW NYE AVE TIGARD,OR 97224 PENDLETON,OR 97801 2S10700-01305 2S108BC-02600 PARK IK SUNG SHIELDS WILLIAM E BY KOREAN BIBLE CHURCH 14911 SW 162ND TER 5755 SW ERICKSON AVE TIGARD,OR 97224 BEAVERTON,OR 97005 2S108BB-03400 2S10800-02900 PASTORI ALLEN& STANLEY JEAN A GAVIN D CO-TRS DEBORAH 15025 SW 161ST 14445 SW 164TH ST • TIGARD,OR 97224 TIGARD,OR 97224 2S108BC-03000 2S108BC-12000 PENTZER SCOTT G&DARCY R STANLEY LAUREN K& 16185 SW HAZELTINE LN STANLEY JULIE ANN TIGARD,OR 97224 14985 SW KENTON DR • TIGARD,OR 97224 2S108BB-03000 2S1088B-05500 PLAXTON JOHN A&ANGELA C STARK JAMES S AND 16440 SW WOOD PL HEALEY JILL TIGARD,OR 97224 16200 SW COLONY DR TIGARD,OR 97223 2S108BB-03200 2S108BC-03600 PRICE MAURINE G LIVING TRUST STATTER NICOLE F 14375 SW 164TH 16188 SW KESSLER LN TIGARD,OR 97224 TIGARD,OR 97224 • 2S108BC-02900 2S108BB-02800 REIERSON STACY ANN&PHILIP WAY SWINK ALAN C 14813 SW 162ND TER JOAN M TIGARD,OR 97224 16465 SW WOOD PLACE TIGARD, OR 97223 2S1086C-05900 2S108BB-00200 RICHARDS DUANE C&RUTH L TANNER RANDALL C&JULIE M 16205 SW DEKALB ST 16285 SW BULL MOUNTAIN RD TIGARD,OR 97224 PORTLAND,OR 97224 2S10700-00106 2S108BB-03100 ROSHAK FAMILY LLC TILLIA FRANK W NORMA JUN 16673 SW JORDAN WAY 14335 SW 164TH TIGARD,OR 97224 TIGARD,OR 97223 2s107o0_01200 • EXHIBITc UPCHURCH GERALD S 14992 SW ROY ROGERS RD SHERWOOD,OR 97140 • 2S108BC-12200 VOLPE JOSEPH/BERNIECE U TRS BY MARSHALL REAL ESTATE DEVELOPMENT LLC PO BOX 91249 PORTLAND,OR 97291 208BC-12100 VOL'P JOSEPH :ERNIECE U TRS BY MAR • REAL ESTATE DEVEL• T LLC PO.:4X 91249 R'RTLAND,OR 97291 2S108BC-06300 VONRUDEN PAUL&MARLENE M 16190 SW BRAY LN TIGARD,OR 97223 2S108BC-11900 V WEST HILLS DEVELOPMENT COMPANY. 15500 SW JAY ST BEAVERTON,OR 97006 2S108BC-09700 WILLIAMS JIM R&KARLA K 16197 SW COOPER LN V TIGARD,OR 97224 George Marshall PO Box 91249 Portland, OR 97210 • Lamoine Eiler Architecture Planning, LLC Attn: Lamoine Eiler 2367 NW Northrup, #9 Portland, OR 97210 • Charlie and Larie Staizer 14781 SW Juliet Terrace Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland 13145 SW Benish - Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place • Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing. 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (pg. I of I) (i:\curpin\setup\labels\CIT West.doc) UPDATED: 21-Sep-04 • S LOT LINE ADJUSTMENT „.414- i4� TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: ((5503)i68 �9"7�D GENERAL INFORMATION SEP 1 5 2OO5 PARCEL 1 i cary of new) Property Address/Location(s): �P�lgygl �tNG 12.2.1)S 5 t.) ��-1•=.,114v-s 5--r Tax Map&Tax Lot#(s): FOR STAFF USE ONLY 2-S 1 W b 3 C-$ -r-L. 100 Site Size: LA.;,146'1 0,c( q o,A_ , Case No.(s): '77/5. 5-- -e e"-7/Tj` Property Owner/Deed Holder(s)*: (Attach list if more than one) Address: 1227 S� ', t i s-*.22 A---- Other Case No.(s): City/State: ' (C)4. p 40tl4211.j- Zip: G 1223 Receipt No.: d oO 5 - 2/ 5 9,0 Primary Contact: ( o11A ill`Cot . Application Accepted By: C�• rc-,- Phone: yD3 5cto 513/0 Fax: Date: ©47--/g"---- �- PARCEL 2 i Date Determined Complete: ''Flo.0 S Property Address/Location(s): Rev.7/1/05 is\curpin\masters\revised\Ilaa.doc Tax Map&Tax Lot#(s): 'LS \ W 03 G j Ti- Boo Site Size: -10,�L( 4 \,(off 9Z , Property Owner/Deed Holder(s)*: (Attach list if more than one) Address: A 1-2.-'7; St t.) ' -mz"S S M.S22.1- REQUIRED SUBMITTAL ELEMENTS City/State: 'II CIA-A.0 8 SW Zip: '!/22.3 without applications submittal not al accepted nts without the required submittal elements) Primary Contact: Gm h.% 11/1`Cc)4 Phone: S(03 5q,0 S13Q Fax: Applicant*/Agent: a Application Form Address: it�ito° 5w 111thtnbuS Alit F-.3- Owner's Signature/Written Authorization Title Transfer Instrument or Deed City/State: MI 6A-2 Zip: 97223 r-tf J J4L`rro� Preliminary Map (2 copies) Primary Contact: 51- Phone: (6-03_) 0110 - 2-05y Fax(So?a)g led-Zo4'/ ISite/Plot Plan (2 copies) [1' Site/Plot Plan (reduced 81/2"x 11") *When the owner and the applicant are different people, the applicant Applicant's Statement(2 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 E' Filing Fee $454.00 owner(s) 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 ik-1tA The owners of record of the subject property request Lot Line Apoo 11`1 ," Adjustment permission to adjust: v 3' — ,{ 2 parcels of and = �'�/7�✓7 � ! 7 10 cif (number) (acreage or quare oo .•-) ItiG►a�bS " into - parcels of and C2)11.3€7 0 �2740). , (number) (acreage or�quare toots 2 . , 1 44"33 r. 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 l day of , 20 A 41 I VI AIL Applicant/Authorized Agent's Signature • ' ner's Signature/•r„tte_ /3(0C— A/0 Ilk, I alb ►. I'w ' ' •w .is Signature/ , wner's igna ure j 9//3/0 7/3 105 • CITY OF TIGARD 9/15/2005 A� . 13125 SW Hall Blvd. 3:03:15PM Tigard,Oregon 97223 6.n. (503) 639-4171 • Receipt #: 27200500000000004590 x • Date: 09/15/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2005-00015 [LANDUS] Lot Line Adjustment 100-0000-438000 395.00 MIS2005-00015 [LRPF] LR Planning Surcharge 100-0000-438050 59.00 • Line Item Total: $454.00 Payments: Method Payer User ID AcctJCheck No.Approval No. How Received Amount Paid S Check THE DALTON COMPANY 0229 In Person 454.00 Payment Total: $454.00 • cReceipt.rpt Page 1 of 1 • • September 13, 2005 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Dear Gentlemen: This letter accompanies an application for a Property Line Adjustment affecting Tax Lots 700, 800, and Lot 9 of"Willamette Plat 2" (Tax Lot 1000) located in the Southwest one- quarter of Section 3, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, City of Tigard, State of Oregon. The applicant and landowners wish to adjust the property lines as described on the accompanying survey. When the Property Line Adjustment is complete, I will be purchasing the the newly described Lot 800 from the current owners. Therefore, please let me know if any other materials are required to complete this action. Very truly Steven D. Dalton The Dalton Company 10160 SW Nimbus Ave Suite F-1A Tigard, OR 97223 (503) 968-2054 (W) (503) 789-4241 (Cell) sddalton@thedaltonco.com • • APPLICANT'S STATEMENT RECEn� a�� ELF Subject: Proposed Lot Line Adjustment �- 2 61005 Property: Tax Map 2S103CB; Tax Lots 700, 800, 1000 Criteria: Tigard Code 18.410.040(A), (B), (C) A. Approval criteria 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 new parcels are created. The same tax lots (700, 800, 1000) will exist after the proposed property line adjustment. Tax lot 800 will increase in size to approx. 99,000 square feet (2.3 acres), and tax lots 700 and 1000 will decrease to approx. 12,500 and 16, 700 square feet, respectively. All lots exceed the minimum lot size of this R-4.5 zoning district. 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: Structures will not violate zoning district regulations under the proposed lot line adjustment. 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: Building envelopes for the proposed lots will be developed in accordance with established criteria. Envelopes for the existing buildings will comply with criteria for the redefined tax lots. 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: The lot area meets requirements of the applicable zoning district with the flag portion of the lot excluded. 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: Each lot created through the partition process meets frontage criteria. d. Setbacks shall be as required by the applicable zoning district. Response: Setbacks will meet requirements of the applicable zoning district. 4. With regard to flag lots: a. 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. S • Response: The developer will determine the location of the front yard and meet side'yard requirements. Location of structures will allow adequate separation from existing structures. b. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Response: The proposed accessway (roadway) will not abut a lot of record. Each of the lots abutting the accessway will be redefined by the lot line adjustment. 5. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. Response: The accessway will have a length of approximately 100 feet, which is not likely to require installation of a fire hydrant. However, the developer will comply with fire district requirements if a hydrant is required. 6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Response: A reciprocal easement will be provided and recorded with the approved partition map to ensure access and maintenance rights. 7. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. Response: The proposed access will have a right-of-way width of 52 feet. This width meets the City criteria for a local street. The partition will comply with general provisions cited in 18.705.030 concerning joint access, public street access, vehicle turnouts and fire apparatus access where applicable, and other provisions relative to access/egress requirements. B. 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 Response: The lot line adjustment does not require dedication, as noted. C. 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. Response: No variances are requested. • Chicago Title Insurance Company of Oregon FIRST SUPPLEMENTAL PRELIMINARY TITLE REPORT August 22,2005 TO: Chicago Title Insurance Company of Oregon Order No.: 401050 888 SW Fifth Ave-Suite 930 Escrow No.: 50-401050-DP Portland,OR 97204 Ref: Tibbets Family Trust/Dalton Company ATTN.: Diane M.Petterson .- Phone No.: (503)973-7400 Standard Owner's Coverage $650,000.00 Premium $ 1,575.00 • Municipal Lien Search $50.00 We are prepared to issue a title insurance policy in ALTA(1992) form and amount shown above insuring the title to the property described herein. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued,and the full premium therefore paid. • Dated as of: August 8,2005 at 08:00 AM Vestee: Kathleen M. Tibbets, Michael R. McCoy and Colin S. McCoy, Co-Trustees of the George L. Tibbets Family Trust established March 28, 2000, under Trust Agreement dated September 13, 1999, as to an undivided 1/2 interest, as to Parcel 1 and Kathleen M Tibbets, Michael R. McCoy and Colin S. McCoy, Co-Trustees of the Kathleen M Tibbets Survivor's Trust established March 28, 2000, under Trust Agreement dated September 13, 1999, as to an undivided 1/2 interest, as to Parcel I and Kathleen M. Tibbets, Michael R. McCoy, and Colin S. McCoy, Co-Trustees of the George L. Tibbets Family Trust established March 28, 2000 under Trust Agreement dated September 13, 1999, as to an undivided one-half interest, as to Parcel II and Kathleen M. Tibbets, Michael R. McCoy, and Colin S. McCoy, Co-Trustees of the Kathleen M Tibbets Survivor's Trust established March 28, 2000 under .Trust Agreement dated September 13, 1999, as to an undivided one-half interest, as to Parcel II and • • Preliminary Title Report (Continued) Kathleen M Tibbets, Michael R. McCoy and Colin S. McCoy, Co-Trustees of the Kathleen M Tibbets Survivor's Trust Established 3/28/2000 under trust agreement dated 9/13/1999, as to Parcel III 08/22/2005 02:23.PM StowellG • CHICAGO TITLE INSURANCE COMPANY OF OREGON By: Tony Schadle Title Officer 10135 SE Sunnyside Road,Suite 200 Clackamas,OR 97015 phone(503)653-7300 fax(503)653-7763 QUESTIONS CONCERNING THE CLOSING OF THIS TRANSACTION SHOULD BE DIRECTED TO YOUR ESCROW OFFICER,Diane M.Petterson,at phone(503)973-7400 and fax number(503)248-0324. 9014710030.rdw • • er No.: 401050 LEGAL DESCRIPTION PARCEL I: Beginning at the Northeast corner of Lot 9, WILLAMETTE PLAT NO. 2, a subdivision of record in Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon; and running thence South 89°50' West, along the North line of WILLAMETTE PARK NO. 2, for a distance of 370 feet to the Northwest corner of Lot 11 of said subdivision, running thence North 0°10' West, 190 feet to a point on the North line of the South one-half of Section 3,Township 2 South, Range 1 West of the Willamette Meridian; running thence North 89°50' East, along the North line of the South one-half of said Section 3 for a distance of 372.54 feet to a point which is South 89°50' West, 250 feet from the initial point of WILLAMETTE, a subdivision of record; running thence South 0°36' West, 190 feet to the place of beginning. PARCEL II: Beginning at the Northwest corner of the Southwest one-quarter of Section 3,Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon; thence North 89 degrees 50' East 811.3 feet to an iron pipe, also the point of beginning of the parcel herein described; thence South 0 degrees 36' West 290.0 feet to an iron pipe on the North side of James Road; thence North 89 degrees 50' East 150.00 feet along the North side of James Road to an iron pipe; thence North 0 degrees 36' East 290 feet to an iron pipe; thence South 89 degrees 50' West 150 feet to an iron pipe an the point of beginning. PARCEL II: Lot 9, WILLAMETTE PLAT NO. 2, in the County of Washington and State of Oregon. • 90 1 47 1 0032.rdw • • •ti, may. '-' '8 Cy '3O .r' ` x.1500 . ,, ' '.:,243.30 Y. '^ t <\ •J$t/7a0'� •7)J00eb• 4' =rasa '10. oo :.; ,. •&'' ... , '''xb9 '. • atao j 2000. >; 0100" < `�.``" ``�` '``<•1 ,`^ "'`" '^ .'lip `, �' `d `;�.1'` ` - • -,-, r G y 601 100 3 .. .29 AC $ 600 1.02 Ac �8$ 2004 ` 700 600 400 $\ gtoo AC .97 AC S 7 g 6 0 200 F. ^:i n 87 AC .37A< a\\\\\\*\ 500 $ 2 V.$ d ' .37 AC 9 300 O �/ ! 1200 1100 1000 �a' f �t ' r _ ■ 1300 11 $ 10 yr J J J 1 J 12 •.._'.- .e' :'.;:a' 19020 100.00 19a13 i - - STREET 128.06 l 120.00 1.60 •82 ■ i 0.4 .0.0.3____ a '1 11...°164 00 ' 49.33 ' \ \\\\\\\\\' 100.00 A 10020 ° 189.01 a SW -JAMES , ' IA." 86 o i4 - 100._00 ° 100.00- 47.21 6923 g 2300 3 1800 1900 2000 2100 2200 1500 1600 1700 1701 44 Ats AC A8 AC ! 8 S 29940 40 41 42 43 r1 ail 7 7 'g 2400 689.60.00 -__ 100.00 e° 100.00 8---® 100.00 0_ 010000 0 0.00 •.•• 110.90 _ fl0.00 11020 num 110.00\\\.\\\�\\\'.\\\) \\\\\\\\V\ -�„ _ .� l':=:1 689.6040W•g 3200 3100 3001 3000 2900 2800 2700 2601 2600 °o X 37 38 35 34 (3'3 32 2 31 30 29 r !, r� J / 0 11040 110.00 ° 110.00 110.00 a 110.00 0 110.00 8 110.00 0 110.00 '110.00 0 SW ;® , MARION STREET (CR 1829) w---/ 10800 .~2� n.191._...... 96.00 115.00 11520 0 10520 105.00 100.00 100.00 114.88 P 4. W 'I 4000 . > 4100 A 4200 $ 4300 8 4400 4500 19 Q 20 21 R 22 51 23 ri. 24 a 425 m 4700 n 4800 26 g 27 h I i t 0 °\\ 58662.00E M e� a.- \\,. \\ t is 1 6160 e�s� 3�11 1U 600 0 b>; 0 :;01,Lo.00L4301.t0 80.00 i u (w� J \57 6 16 i 2 5200„. ---®_--�.. V n 1 / /∎■.. -4].80 40.26 = ,-LANE 61.14 147 i,. 6040 00.90 60.00 • 70.21 - .�- ° CHICAGO TITLE INSURANCE COMPANY 31.52• 40.18 _�e 2 /� Q 180 11900 �$'1,2.- .. $t. ';. - N �S 1 V l �2 760 i 12100 m a IF Map number 77 79 1 80 ^��,m a �r This plat is for your aid in locating p� 181 a tS/A� , your land with reference to streets and 400 �� „ 69.09 .0,0. 0 "�' others parcels• While this plat is ep�D believed to be correct, the company 3°° •11200 11100 fez 7" •_"C� ;<'� •, `•,�o.,:•8 11000 24sadr.� assumes n0. liability for any loss ea 70. 69 88 10:00 •��? =�� ,:• ,- '' occurring by reason of reliance i 67 p• 10800. & 42- s1:, , , thereon. '� TOPOGRAPHIC SURVEY TAX LOTS 700, 800 & LOT 9 OF "WILLAMETTE PLAT 2" (TAX LOT 1000) LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY, CITY OF TIGARD, STATE OF OREGON DATE OF SURVEY : AUGUST, 2005 N 8950'00'E 522.35 .:::::',1,-_---",,','...-' -r - ter-' -1 `' r'\ S/i lir--_i _--4^- — '' _- r _ Mho 40 0 40 80 120-`� /ilk__ - -9 -/- -' - - -I/ O • o in \ \\///I 1 r-- /r - -r - o o--_\/ //r'-r - - - x -.QI// Ix _x-_ rr� 1• VER71C.41.DATUM _ _ v / $ VERTICAL DATUM RASED ON MOF TIGARD pr //! -,yr r - - /- -/ \ .... Q._Q.._- p..'8--�� , BENCH MARK NO.269.GRASS DISK IN CURB IL'-iURN Al THE. E -_,,,/! �- -r/ �`` - rr' I I / r , I? INTERSECTION OF SW 121ST AVE AND SW TIPPITT PLACE. ° / / ' ■/ r --I_---- / „ix g r -- zk-//'--- /, ------- --r' " 0 I r-O O -_-_•,--r / w ELEVATION 239.87 -J // ' - __--- .-------- r r-r _ -- -•- r' CONTOUR INTERVAL••1.90 - -' --- --- / - --r/ ______--------/) / -r- - r - N 89'50'00"E �j9.78'../, -i' - \ -- -�+ r r- cp--co -gyp 0 \ \ �1 r -� r1 yr x r --r- M » _y ' -g` w • -x - ~'! SURVEYED 6Y: \ \ 2aM 29.07 N 89'50'00'E/ 120.98' 120.03' f 109.72r N 89' 'l�-@-i ,J]%\ /, x_ ---- / / FOSTER SURVEYING,INC.• 1J 83'50'00' 229.76' - /r-� �"Km - - - 1, 708N.E.239TH PLACE. ' --- — -- rV — = �1A91�----- - -.-� 1 WOOD VILLAGE.OREGON 97060 }}Fpb�� pNm -- —�.r ,�- _ --, — 503.tT3T•8307,50.2997-1100■ DELTA- 7'32'55' 3 i SA _ 4� "'ai ///'8 Q.■3 RADIUS= 200.00' c `- LENGTH a 26.35' ° 7��26ae, •' / & / • g CHORD" 26.33' b Q56.99' \ t / / SAN MN o CHORD BEARING- 8 \ `'0 r - RIM w.285.08' S 88'20'26'W z p - ` 9 --, I.E.252.78'-\ - LT 100. DELT —• RLUSUI1:RC0 PROFESSIONAL i LAND SURVE . A= 2718'01- RADIUS=250.00' Il./ SAN Mk LENGTH= 118.97' V, I ! RIM= 289,71' CHORD=117.85' I.E. 257.74' CHORD BEARING v SURVEYED FOR: DEC •.100 I‘17 1 S 7612.0 •W THE DALTON COMPANY DAVID A.tvaRN DELTA- 2716'01' LEN DALTON 1Oa RADIUS= /00.00' VADLC 1v3va LENGTH=95.18' 5331 S.W.MACADAM.SUM.376 . CHORD=94.28' PORTLAND,OREGON 07239 CHORD BEARING= t S 7612'00'W SURVEYOR'S LEGEND: BOUNDARY SURVEY I P. -DENOTESINSIDEDIN,TETERIRONIIPE v -FOUND MONUMENT ASNOTED & PROPERTY LINE ADJUSTMENT SURVEY ( )-DENOT ES RECORD DATA AS NOTED 0 -518"X 30'IRON ROD WITHYPO INSCRIBED"FOSTER LS 1934' ON.-.DENOTES'DOWN' SErON 0970911005.UNLESS TAX LOTS 700, 800 & LOT 9 OF "WILLAMETTE PLAT 2" (TAX LOT 1000) I.R. -DENOTES IRON ROD NOTED OTHERBMSE 40' 0' 40' 80' 120' LOCATED IN THE SOUTHWEST ONE-QUARTER END.-DENOTES FOUND Y.P.0 -DENOTES YELLOW PLASTIC CAP iiinaMEEMg (1)•DENOT ES REFERENCE SURVEY SCALE 1" = 40' OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE I WEST, OF THE (A) •DENOTES REFERENCE()EEO WILLAMETTE MERIDIAN, WASHINGTON COUNTY, d'AS1fIXO1`O/1 COUNTY OFr.IRTvNIN LAND r� Xb 1a5XaN§af5RrA170N CITY OF TIGARD, STATE OF OREGON WEST ONE.OUARTE31 CORNER SEC5ON 3 ENP:3J/4`.BRASS DISK INCONCRETE.. DATE OF SURVEY : SEPTEMBER 9, 2005 PER 0.1.ROGER,PAGES 558-508 HEW ,RAS.S OF BEARING" "CANOGA PARK" ()PER NO.2'0' LOT 10 N R9'EGOS I 94BEARIN 9.411FS1 - INITTALPOINT �� FNC.U.4' NARRATIVE & BASIS BEARING / CANOGAPAAM(3) FNC.OI' LOTS LOTS INC 07 1017 (016 \TM 11.84107 l�_0T5 454,45' N00'10WW 033 NORTH 197.92 j(1AB.0G)(3) _ ^ THE PURPOSE OF THIS SURVEY WAS TO PERFOMIAPROPERTY UNE I 9993(99.00](3) 99,00(11905)(3) !/ ADJUSTMENT BETWEEN DOCUMENT NUMBERS 2004-1327052001-89189 AND (45441')(3) T 98.06(09E61(3( , (09.0010 ..K (�-'Y (,, y - y �. k p 200411798 AS SHOWN AND TO DETERMINE THE BOUNDARIES OF9AA Y 1 } �F O_�__-___-__.._ DOCUMENTS(TM LOTS 700,800.01000.291W 03CB)FOR APROPOSED 14997'11501(1)(4) r U A 1190.C10)(1) SUBDIVIS ION.FOR MY BASIS OF BEARING I HELD RECORDOEWTWG(NORRI 438.68 �� ∎,� END.5/0'I.R., 8.75000'EAST)FROM RECORD OF SURVEY NUMBER 0,110 AND DEED 15.77 '„+72.35'(3%2.54)(2) N CAP,WILT., REFERENCES'A'AND'C',BETWEEN THE WEST CUARTER CORNER OF 1438.161(2) �..�- END.5/8'I R.,UP 0.3 END.5/8-I.R.NO DAP,(3) NO CAP.(3). NO CAP,(3), FNC.0.1' HELD FOR EAST NGS IN EAST-WEST FNC.UNE, N O01000'W 0.14: N 00`1000 WO'le' • WEST SECTION 3(POINT'0)AND THE FOUND MONUMENT/TT OR NEAR THE BENT,TIED WHERE ON LINE UP 0.3:EAST-WEST FNC UP 02,IN CONCRETE SOUTHEAST CORNER OF LOT 6'CANOGA PARK'WHICH WAS HELD FOR • STRAIGHT.(2) 0,4 NORTH FNC.FOOTING NORD/IGS(POMT13') FOR THE NORTH LINE OF DOCUMENT NUMBERS S 001036'E 0.0,1 0 N 89.5009 E 52237 22091.89189 AND 2094.1327081 HELD SAID LINE_'A-B'.WENDING 5A10 TUNE -----FNC.0,9 O FND.576'LP, EASTERLY TO THE NORTHEAST CORNER OF DOCUMENT NO.2004732700, EAST NO CAP.(3),UP 04', FOR THE WEST UNE OF DOCUMENT NO.2001-B1189114E1D THE FOUND 4 HELD FOR NORINNGS, MONUMENT AT THE SOUTHWEST CORNER OF LOT I t VJBLAMETIE PLAT 2. TM I.O1 000(251 03C0) P2 6 E I-WW T WOOD FNC. (POINT`C(ALONG WITH THE FOUND MONUMENT AT F08JT'0'FOR NORTH DOCUMENT 1.10.2001.87189 g EASfINGS.SHORTENING SAD UNE,TO INTERSECT SAID NORTH UNE TO DETERMINE THE 11011T14 NIGHT-OF-IVAY LINE OF S VT.JAMES STREET I HELD r3 104.433 SOFT. THE FOUND MONUMENT AT POIN I V(SW CORNER OF LO f 111VIUN,ITE s 8 2.33%5 9(3005 '� ' PLAT 21 AND THEN 1 HELD RECORD PLAT BEARINGS FROM SAID HELD SOUTHWEST CORNER OF LOT 11 TO DETERMINE THE ALIGNMENT OF S.T. m JAMES STREET.TO DETERMINE THE EAS1 LINE OF UOCUNENI NO. A FNC.0.0 TAX I.GT 700125 t Q3C0) 2004-1327091 HELD TILE FOUND MONUMENT A I P0141'£FOR LASTINGS -.---EAST END.5/8'I.R.,NO O 3 CO DOCUMENT NO.2004.132709 AND RECORD BEARING FROM SAID POINT'E'PERFORMINGA 61 END.5779'IA.,NO CAP,FLUSH.(4). LOT 7 BEARING•BEARING INTERSECTION NORTHERLY THROUGH POINT'K'AND R. CAP 1 ATTIG HORIZONTAL HEW F?STW Ca FNC 0.7 WESTERLY AN EXTENSION OF UNE'A•B`.FOR THE NORTH UNE OF LOTS9 ON GROUND 500'(940'E 026, WEST THRO1/G14 11 OF THE PLAT OF'WILLAMETTE PLAT 21 HELD RECORD PLAT EASE-WEST INC. N 119'5000'E 519.75 LINE REND , E DISTANCE FROM V TO 01'4165.35)A(47)RECORD FLAT DISTANCE ALONG o I-- 0.4,sou al ADJUS TD LINE BEING - g� THE EAST UNE OF LO f 9(100.00).FOR THE WEST LINE UFLOI9 I. 4 / -_-- AWL'STETi \ O 'WILLAMETTE F-0.A D E EXTENDING SAID FOR FASTING$THE TWO-REARING MONUMENTS FNC.02 NORTH '\/}�f�C\ ; ' w 'F T EXTENDING SND FOR NORTH(BEARING TWO FOUND 369.76(37(11(4) r NEW PROPERTY LINE 11) INTERSECT ION)TO ITS INTERSECTION WTTH UNE`.1-!'AMID SOUTHERLY.TO M 1l 0 M 11 11511, 41 A 12091 " SAID ONES INTERSECTION WITH SAID NORTHERLY PIGHT-OF-WAY UNE OF O 12011(1201(41 , 109.49(110)(4) �•_ 14C 12'Ita07(nl 25 Oft x 29.80`' 118.750!0 E t49.yr -�� ■ J S.W.JAMES STREET.THE NEW ADJUSTED PROPERTY I.M�WEI;E SET PER '� ---�' In , MY CUEN TS DIRECTION AND AS APPROVED BY 114E CITY OF TIGARD A NJ 89°5004"E 229.60 TM LOT 10(10(25 7 03001 e S g I j P(NNNiNG DEPARTMENT. I DOCUMENT NO.2134-11798 r J 15. n C 12.(196 SO F1. e 13.276 SO El. :.'s- g _ CURVE TABLE L019 j am' Q END.59(R.,NO CAP,TIT ° MD.5(8'1.9. b z FLUSH,HELD FOR EASTI40S .q NO CAP.ON. I vo "NI!IAMETTE o ¢ NO. DELTA HAUlU9 LENGTH CHORD CHORD BEARING w 0- R N00`IOIXY 1V 0.14' LOT 10 PLAT 2 o - ©I 2 y7.�, O 1',IN GRAVEL _..------------.--.- 10111 1MLI NNEFlE O 4, i m .N A. t 1'3255• 20009 2039 2033 386°1520IV -OALLAMErT1: C PLAT/0 G w (,) b END.5/8'I R,NY) J I �-- N 89'50'00'E 149.97'(1501(1)(4) (1 0 0 2 27160'• 25000 118.93 11'1.05' S 76'1200 W PlAT2 b ��29.00' 120.91 (100111 f, CAP,FLUSH.(q' a FND.5/8"ITT..NO HELD HASTINGS. 1 a t 78 BT 0 3 19'41'52 200.00 68.76 60 42 S 79 59'069/•Z CAP,FLUSH,(4). z S 00'1040'6 030. /� [/�/5 O FND.$78'LR.,NO HELD / /A\ L--75.96 " S.W.JAMES STREET 3(0[41)(19.4255'1 (200.00) (6490 (68.10) CAP.FLUSHa4),_ L=/93 95 - - 4 21°3124' 250.00 93 91' 93.36 S 7311441'W UN.0.1',YIELD AS �` N89`51740'E A O .V.'.CORNETT LOT It _. (42b'j(4) L 58 Tfi ^ / 5 5-4437' 2.`47.00 25 UR 25 05' S 8('5742`!9 C 120.15'1120119) 42.70 /'\ Jr K- 115.19 - L=26.42 1 SURVEYED FOR: ,SURVEYED 8Y: PROFESSIONAL EKD N N0'5 E _ I g _ THE DALTON COMP ANY FOSTER SURVEITNG,INC. LAND SURVEY.• S.W.JAMES STREET" I N REiE£RENCIE SUI?Vk`YS t} DEEDS; SIEVE DALTON 700 N.E.238TH PLACE r \ • 5331 MACADAM,SUITE 316 WOOD VILLAGE,OREGON 97500_ /a t'' /,1I��H: (I)S.N.5,644(HEM'E) 5231 S.W.S W.M CADA .07239 5A3OD VIT307,503-99/•110."1 _---.1..�L I,II"� WASHINGTON COUNTY _� LOT-AREAS.- _ 12215.N.6,110(JENSEN) (( (.37`CAM:OC+A PARS(BOOK 20,PAGE:2)(lOLE) OM 10, 'e0 I U,IJ J SURVEYOR'S OFT-1 I END.5p..6.. I L.A O(ISTING SO FT. PPOPOSEO SO FT. (4)'/9),)AMEFFEPWI2(800677,PAGE S((.11906TN) OMIT)A.FOSTER I{ �4 �ON.1.4'(4),WEIR 1 45)",VILLAMETIE"(GOOK 14.PAGE 37)(JENSEN) ABLE W 12/37/04 ACCEPTED "IOU 93,503 420 Y: (RI S N.5,7 7(JENSEN) (A)DOCUMENT NO.2004-112709.RECORDED 11/18/2004 FOR FILING (7)1.11.4.66(JEHSEP') (B)DOCUMENT NO.2051.11705 RECORDED 21152004 800 70.5(5 1711.433 (C)UOCUMFN(90.2001-09189.RECORDED8191/,SII1 "THIS SURVEY VJAS PREPARED US1UG HEWLETT PACKARD PRODUCT NUMBER C4844A CN CONTINENTAL POLYESTER FILM.PC-4512-' • - 1 000 15,787 12 270 1 , 4L52.00S - 000 /5 /9#4P5 . TOPOGRAPHIC SURVEY TAX LOTS 700, 800 & LOT 9 OF "WILLAMETTE PLAT 2" (TAX LOT 1000) LOCATED IN THE SOUTHWEST ONE--QUARTER OF SECTION 3, TO WNSHI P 2 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY, CITY OF TI GA RD, STATE OF OREGON DATE OF SURVEY : AUGUST, 2005 N 89'50'00" E 522.35 / 1,-f9-/„i/.t -4 __r .-z :i 1 0 0 .- -J -■_,X",." -- ___//, rr '- r r..�- `� 1 ��, - /,./r°� \ ' _.-., -i ------'° ,-- rr° / ., *-- __.. r— ..--./ ——---T . . , , _ , ,--- , , , ,_ ci \ / ii 1 i r ..- — a) \\l/ /1 1 r ■• r r ` / / ! ♦ / ♦ •4 / NOTES. �/ f I . '� r ,.-..,.— --- ♦ x _-�• �---- VERTICAL DATUM ID I 1 ♦ ♦ x x .� o to .,-,,,� r _„�„ -•.,,,,, / 0 VERTICAL DATUM BASED ON CITY OF TIGARD O // -.sob'''. , - f ,,.--/ �...._._,,.--'' _-a :0:7 BENCH MARK NO.264, BRASS DISK IN CURB RETURN AT THE �' J// _ '-. ! b INTERSECTION OF SW 121ST AVE AND SW TIPPITT PLACE. ...... / Z ,....J / r ,/ �'a.,.-.�- I .• /° _ ...�....--,..- --. •-, ..� _r..� ELEVATION = 239.67...--- 0— 1 "' ,,,. --— ""„ - / �,. I -� .... —.... / CONTOUR INTERVAL= 1.00' ..�...- -- /- -- -„�-.�.. .,r.,.-.,.�.-,- /�' r-' `''`...,_...,.- - .- �,, ■/ �,,/ - --- �-' .--'' �' x 0 ° ♦° ,,,,,,-.,,...-.-."'-_�"`_ -�-- -,,.- -.."--, -+ T,, 1 f �' ..—— N 89'50'00" E 19.78' / -" / '' —— ,� °'DO—— "`41W1'Ce6 ° \ \ C'''''''' ' ''"". ,..,... t— x / SURVEYED BY: .,, '" _ 25.00' 29.00' N 89'50'00" E / 120.96' 120.03' 1 1 109.72) N 89.5641"E( ''..E �.1 .j1 ` ._._.... / / FOSTER SURVEYING, INC. N 89.50100* 229.76' 1 ` -,,,,--- 1 708 N.E. 238TH PLACE w - . N —_,,,© 17.49 j.. WOOD VILLAGE, OREGON 97060■c■i ♦ ��"• „� '�' �,.-,�,. r.. 0 -,-° N 503-667-8307, 503-997-1100 31.43 / �, /d 0 �''� DELTA = 7'32'55" / ! £ / / ° ..- -- 3 RADIUS = 200.00' © SA \ 'cc3` I / M • o LENGTH = 26.35' o ' 1= 268.8,2' o 4 1 8 I O CHORD = 26.33' r • a56.99 \ 0 / 1 SAN MH ° CHORD BEARING = © I RIM = 265.06' b S 66'20'26" W z ' I.E. 252.76'--\\ . z 'it( %...--•/ P p=1.___..... ism. - ., oopok ....................aNIIMPW ,,.--IOW---'.. _.._._ REGISTERED t"' PROFESSIONAL DELTA = 27'16'01" LAND SURVE IR RADIUS 250.00' __ / '- SAN MH LENGTH = 118.97' ----�- RIM = 269.71' _ ---� / -- I.E. 257.74' CHORD BEARING = SURVEYED FOR: DEC. E, 1980 I \. � i 1 S 76'12'00" W DAVID THE DALTON COMPANY 93FOSTER DELTA = 27'16'01" LEN DALTON RENEWABLE ON 12/31/04 RADIUS = 200.00' 5331 S.W. MACADAM, SUITE 376 LENGTH = 95.18' PORTLAND, OREGON 97239 . CHORD = 94.28 CHORD BEARING = S 7612'00" W ifti /302010:57016 SURVEYOR'S LEGEND: BOUNDARY SURVEY I.P. - DENOTES INSIDE DIAMETER IRON PIPE • -FOUND MONUMENT AS NOTED & PROPERTY LINE ADJUSTMENT SURVEY ( ) - DENOTES RECORD DATA AS NOTED 0 -5/8"X 30" IRON ROD WITH YPC INSCRIBED"FOSTER LS 1934" DN. - DENOTES"DOWN" SET ON 09/09/2005, UNLESS TAX LOTS %00, 800 & LOT 9 OF "WILLAMETTE PLAT 2" (TAX LOT 1 000) I.R. - DENOTES IRON ROD NOTED OTHERWISE 40s Os 40s 80s 120s IN u p p Y.P.C. -DENOTES YELLOW PLASTIC CAP am� __ =_____-_ -._ --__-�___-- - LOCATED I THE SOUTHWEST ONE-QUARTER FND. - DENOTES FOUND "" "' - DENOTES REFERENCE SURVEY SCALE 1 " = 40' OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, OF Ti (1) (A) -DENOTES REFERENCE DEED __.-, --__-_-- __ .-- ..-- WILLAMETTE MERIDIAN, WASHINGTON COUNTY, =Er Eli I WASHINGTON COUNTY DEPARTMENT OF LARD USE AND TRANSPORTATION -9 V El b PLANNING FILE NO. XXX-05 CITY OF TIGARD, STATE OF OREGON _ , WEST ONE-QUARTER CORNER SECTION 3 ' ; FND._31/4"BRASS DISK IN CONCRETE, °` PER B.T. BOOK 6, PAGES 556-559,HELD "CANOGA PARK" DATE OF SURVEY SEPTEMBER 9, 2005 - . A "BASIS OF BEARING" CANOGA PARK FND.2"1.P. LOT 10 N 89°50'00"E 949.17' {949.41')(3) -�'' INITIAL POINT `�'" -..�, FNC. 0.4` NARRATIVE & BASIS OF BEARING "CANOGA PARK"(3) LOT 9 LOT 8 FNC. 0.3' LOT 7 NORTH LOT 5 O FNC. 0.1 NORTH LOT 6 THE PURPOSE OF THIS SURVEY WAS TO PERFORM A PROPERTY LINE 3 454.45' N 00°10'00"6'0.33' .9. NORTH ------- 197.92' (198.00')(3) "`-� 99.93' (99.00')(3} 99.00' 99.00")(3) 11 84' ADJUSTMENT BETWEEN DOCUMENT NUMBERS 2004-132709,2001-89189 AND 454.41)(3) 98.86' (99.OQ')(3} r (99.00')f3 (99.00}(3) -- s i x � x x a� x...�� ( T \r/-1-• 2004-11798 AS SHOWN AND TO DETERMINE THE BOUNDARIES OF SAID DOCUMENTS (TAX LOTS 700, 0 4 149.97' (150)(1)(A) B �;.:/ ( , 8 0, & 1000,2S 1 W 03CB)FOR A PROPOSED 438.69' (100.00)(1) SUBDIVISION. FOR MY BASIS OF BEARING I HELD RECORD BEARING(NORTH 15.77 372.35' (372.54')(2) FND. 5/8"I.R., FP D. 5/8" I.R., 89°50'00"EAST) FROM RECORD OF SURVEY NUMBER 6,110 AND DEED (438.76')(2) `�--._.... FND. 5/8"I.R., UP 0.3' FND. 5/8"I.R. NO CAP, (3) NO CAP, (3), FNC. 0.1' O NO CAP, (3), - ° ,� WEST REFERENCES"A"AND"C", BETWEEN THE WEST QUARTER CORNER OF HELD FOR EASTINGS IN EAST-WEST FNC.LINE, N 00°10'00"W 0.14'; N 00 1000 W 0,14, SECTION 3 (POINT"A") AND THE FOUND MONUMENT AT OR NEAR THE BENT, TIED WHERE ON LINE UP 0.3', EAST-WEST FNC U''0.2', IN CONCRETE SOUTHEAST CORNER OF LOT 6"CANOGA PARK"WHICH WAS HELD FOR STRAIGHT, (2) 0.4 NORTH F1,1C. FOOTING x NORTHINGS (POINT"B"). FOR THE NORTH LINE OF DOCUMENT NUMBERS S 00°10'36"E 0.09' p N 89°50'00"E 522.32' 2001-89189 AND 2004-132709 I HELD SAID LINE"A-B",EXTENDING SAID LINE T. FNC. 0.9' FND. 5/8"I.R., EASTERLY TO THE NORTHEAST CORNER OF DOCUMENT NO.2004-132709. EAST NO CAP, (3), UP 04, HELD FOR NORTHINGS * FOR THE WEST LINE OF DOCUMENT NO.2001-811891 HELD THE FOUND cC MONUMENT AT THE SOUTHWEST CORNER OF LOT 11 'WILLAMETTE PLAT 2" 0 EAST-WEST WOOD FNC. TAX LOT 800(2S 1 03CB) o (POINT"C")ALONG WITH THE FOUND MOI\1UMENTAT POINT"D"FOR DOCUMENT NO. 2001-81189 2 0.4 NORTH EASTINGS, SHORTENING SAID LINE, TO INTERSECT SAID NORTH LINE. TO y T- x DETERMINE THE NORTH RIGHT-OF-WAY LINE OF S.W.JAMES STREET I HELD Q 104 ,433 SQ.FT. THE FOUND MONUMENT AT POINT"C" (SW CORNER OF LOT 11 "WILLAMETTE 'C 6°, 2.3975 ACRES d PLAT 2")AND THEN I HELD RECORD PLAT BEARINGS FROM SAID HELD ED SOUTHWEST CORNER OF LOT 11 TO DETERMINE THE ALIGNMENT OF S.W. cm cf, JAMES STREET. TO DETERMINE THE EAST LINE OF DOCUMENT NO. < FNC_. 0.6' z a 2004-132709 I HELD THE FOUND MONUMENT AT POINT"E"FOR EASTINGS TAX LOT 700(2S 1 03CB) --�--~�- EAST FND. 5/8"I.R.,NO \.;,J J c,. DOCUMENT NO.2004-132709 AND RECORD BEARINC FROM SAID POINT"E"PERFORMING A NO CAP, FLUSH, (4), ., FNC 0.7' LOT 7 BEARING-BEARING IN INTERSECTION NORTHERLY THROUGH POINT"K' AND- S'F1 FND. 5/8"I.R., d x CAP LAYING HORIZONTAL HELD EASTINGS, WEST WESTERLY AN EXTENSION OF LINE"A- B'. FOR THE NORTH LINE OF LOTS 9 ``' ON GROUND S 00°1040"E 0.26', THROUGH 11 OF THE PLAT OF"WILLAMETTE PLAT2"I HELD RECORD PLAT N 89°50'00"E 519.74' r Tr) EASE- WEST FNC. LINE BEING o Q DISTANCE FROM "C"TO"H" (150.00), AND RECORD PLAT DISTANCE ALONG d 0.4'SOUTH ADJUSTED LINE BEING 8 o _ THE EAST LINE OF LOT 9(100.00'). FOR THE WEST LINE OF LOT 9 : x ADJUSTED �,,, J N ° W "WILLAMETTE PLAT 2", I HELD FOR EASTINGS THE TWO FOUND MONUMENTS r FNC. 0.2 NORTH __...___,_ O d �� G" ,._.__ 369.78' (370')(4) NEW PROPERTY LINE N al "F -G AND EXTENDING SAID LINE NORTH (BEARING-BEARING - `° x x x x x x,,,,,,, ...,,:,.. X X ---C3 W INTERSECTION) TO ITS INTERSECTION WITH LINE"H -J"AND SOUTHERLY,TO 115.11' 120.97' O : SAID LINE'S INTERSECTION WITH SAID NORTHERLY RIGHT-OF-WAY LINE OF o 0‹. 120.17' (120)(4) 109.49` (110)(4) 140.12' (140')(4) "� 25.00' x 29 00�~"�-. } 89°50'00" E 149,97 �""'� °°° S.W.JAMES STREET. THE NEW ADJUSTED PROPERTY LINES WERE SET PER i I z __ N 89°50'00"E 229.66' ---�" N o o -O J MY CLIENTS DIRECTION AND AS APPROVED BY THE CITY OF TIGARD TAX LOT 1000(2S 1 03CB) o w w °- z 8 -" PLANNING DEPARTMENT. DOCUMENT NO. 2004-11798 r- z S =, 0 12,096 SQ.FT. 0 13,276 SQ.FT. Qx w �- CURVE TABLE o - LOT 9 °o rwi p o O - FND. 5/8"I.R., NO CAP, (1) Q FND. 5/8"I.R., ° ° "WILLAME I I E p z ° FLUSH, HELD FOR EASTINGS o NO CAP, DN. NO DELTA RADIUS LENGTH CHORD CHORD BEARING o " w r a N 00°10'00"W 0.14' LOT 10 co PLAT 2 °o m cL 0 0.1', IN GRAVEL oLOT i 1 "WILLAMETTE 0 � � z w ° DRIVEWAY, .r _ -.__ _ _ ___ ____- �T_--___.-__..--.--_.---_--___. 'WILLAME I I E -°b PLAT 2" _ p z =, z HELD, (5) 1 7°32'55" 200.00' 26.35' 26.33' S 66°20'26"W o ° FND. 5/8"1.R., NO ° 100.27' , .. PLAT 2 ° .= A N 89 50 00 E 149.97 (150)(1)(A) ---,. 2 27°16'01" 250.00' 118.97' 117.85' S 76°12'00"W �- FLUSH (4) (100.001(1) ci o o CAP, L - 118.97" 29.00' 120.97' ° END. 5/8"I.R.,NO o HELD EASTINGS, - - , 3 19°41'52" 200.00 68.76' 68.42' S 79°59'04"W z CAP, FLUSH, (4), z S 00°10'40"E 0.38', j' cv ''��.JJ 3(PLAT) ° ' �3 FND. 5/8"1.R.,NO HELD ` 4 L = 25.06' N S. W. JAMES STREET ( T} (19 4256) (200.00) (68.82') (68.48) 0 it CAP, FLUSH, (4), s L = 93.91' .--- '' _ � >> 4 21°31'24"' 250.00' 93,91' 93.36' S 73°19'41"W DN. 0.1', HELD AS N 89°5000 E A S.W. CORNER LOT 11 (42.5')(4) L = 68.76' N 5 5"44'37" 250.00' 25.06' 25.05' S 86°57'42"W 120.15' (120')(4) --__ 42.10' . ilk, r --------, L = 26.42' 115.19' w g - - SURVEYED FOR: SURVEYED BY:, ' REGISTERED \ N 89°50'00"E o I PROFESSIONAL --- o °� THE DALTON COMPANY FOSTER SURVEYING, INC. LAND SURVEY S. W. JAMES STREET o - REFERENCE SURVEYS & DEEDS: STEVE DALTON 708 N.E. 238TH PLACE _`3� j . 5331 S.W. MACADAM SUI I E 376 WOOD VILLAGE OREGON 9701,40 .-...-�-� {'-..�''� j cn cU (1) S.N. 5,644 (ROWE) , �,.�� PORTLAND, OREGON 97239 503-667-8307, 503-997-1100 , i ,� 1 "- • (2) S.N. 6,110(JENSEN) t-s` _.,.M° I ti WASHINGTON COUNTY T-- � (3) "CANOGA PARK" (POOK 20,PAGE 32) (KYLE) DEC 16-,; 980 -.��.';j \/1� J SURVEYOR'S OFFICE FND. 5/8" I.R. T.L. # EXISTING SQ.FT. PROPOSED SQ.FT. (4) "WILLAMETTE PLAT 2" (BOOK 17, PAGE 9) (JENSEN) DAVID A. FOSTER DN. 1.4' (4), HELD (5) 'WILLAMETTE" (BOOK 14, PAGE 37) (JENSEN) 1934 (6) S.N. 5,727 (JENSEN) RENEWABLE 13V 12/31/04 ACCEPTED 700 43,503 12,096 (7) S.N. 4,816(JENSEN! (A) DOCUMENT NO.2004-132709, RECORDED 11/18/2004 (B) DOCUMENT NO. 2004-11798, RECORDED 2/6/2004 FOR FILING "THIS SURVEY WAS PREPARED USING HEWLETT PACKARD PRODUCT 800 70,515 104,433 (C) DOCUMENT N0. 2001-89189, RECORDED 8/31/2001 NUMBER C4844A ON CONTINENTAL POLYESTER FILM JPC-4M2." 1000 15,787 13,276 M / 5OOoOc /c 57---°°69