Ordinance No. 07-08 QTY OF TIGARD,OREGON
TIGARD CITY COUNCIL 1' aLlIf-I
ORDINANCE NO.07-
AN ORDINANCE ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37 WAIVER OF THE
TIGARD DEVELOPMENT CODE WETLAND REGULATIONS FOR THE .41 ACRE SITE ON
GREENBURG ROAD, SOUTH OF HIGHWAY 217 (WCTM 1S135CA,TAX LOT 02800) SUBJECT TO
APPLYING FOR AND RECEIVING SITE DEVELOPMENT REVIEW APPROVAL(M372006-00007).
WHEREAS,the voters of the State of Oregon passed Ballot Measure 37 in 2004;and
WHEREAS, Ballot Measure 37 provides the responsible governing body to either pay compensation for
reduced property value or waive the regulations where property is owned prior to the adoption of land use
regulations;and
WHEREAS, a claim was made by &V Development Co.in the amount of$398,150.00 as the net difference
in the value of the property under the Tigard Development code in place in September 1979;and
WHEREAS, E &V Development Co. has owned the property since September 1979 preceding the adoption
of regulations limiting development within wetlands.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The attached staff report (Attachment 2) and applicant's materials (Attachment 4) are
hereby adopted as findings.
SECTION2: A waiver from the City of Tigard wetland regulations is hereby granted to E & V
Development Co. to allow construction of a four-plex. E & V Development Co. may
apply for Site Development Review under all non-wetland regulations in place on the date
of application. Once the property is developed, it may continue to be used as developed,
even if there are changes in ownership or tenants. Once E &V Development Co.ceases to
be the owner, expansions or major modification beyond development applied for during
this ownership shall be subject to the land use regulations in effect at the time of
application.
SECTION 3: This waiver applies to 11040 SW Greenburg Road;WC-fM 1S135CA,Tax Lot 02800.
SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor,and posting by the City Recorder.
ORDINANCE No. 07-
Page 1
PASSED: By vote of all Council members present after being read by number
and title only,this day of 32007.
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this day of ,2007.
Craig Dirksen,Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 07-
Page 2
ATTACHMENT 2
Agenda Item:
Hearin Date: April 24 2007 Time: 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON �e
180-DAY CLAIM PROCESSING PERIOD = 6-2-2007
SECTION I. CLAIM SUMMARY
FILE NAME: E&V DEVELOPMENT PROPERTY COMPENSATION CLAIM
CITY CASE NO: MEASURE 37 CLAIM(M37) M372006-00007
CLAIMANT/ E&V Development (E. &V.Davis)
OWNER 10875 SW 89h Avenue
Tigard, OR 97223
CLAIMANT'S Not Applicable.
REPRESENTATIVE
CLAIM: The claimant seeks to build a four plex (rowhouses). The applicant alleges that wetland
regulations restrict the use of the property. The amount claimed as compensation without
waiver of regulations is $398,156.
AFFECTED
REGULATION: Applicable wetland regulations under TDC 18.775.
ZONING
DESIGNATION: R 12:Medium-Density.
LOCATION: 11040 SW Greenburg Road;WCIM 1S135CA,Tax lot 02800.
APPLICABLE
CODE CRITERIA: Municipal Code Chapter 1.20.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the City Council review the following report and determine whether the claim is valid. Staff
further recommends that City Council opt for a waiver of the Gigs wetland regulations.
E&V DEVELOPMENT COMPENSATION CLAIM STAFF REPORT"72006-00007) PAGE 1 OF 5
QTY COUNCIL HEARING 4/24/2007
SECTION III. BACKGROUND
The subject parcel is .41 acres and contains lawn area and driveway to the Ash Creek Park Condominiums. Other than
the adjacent condominiums on a separate parcel,no development applications have been made for this particular parcel.
SECTION III. APPLICABLE CRITERIA AND FINDINGS
Section 1.20.030 states a property owner wishing to make a claim against the City under Measure 37 shall
first submit a claim to the City. A claim under Measure 37 must be in writing and include:
A. Identification of the affected property. Identification may be by street address, subdivision lot number,
tax lot number, or any other information that identifies the property.
The claimant identifies the property as indicated previously and also designated.as Tax lot 02800,WCI'M 1S135CA,
11040 SW Greenb-u Road.
B. The name and contact information of the person making the claim, the date the Claimant acquired the
property, and, if applicable, the date that a family member of Claimant acquired the property and the
names and relationships of family members that are previous owners.
The name and contact information of the persons makinthe claim is Eugene and Vivian Davis as E&V
Development, 10875 SW 89`h Avenue, Tigard, OR, 97223 503-246-5862). The property was acquired by the
claimants in June, 1967. They submitted a copy of a warranty deed that shows the property was conveyed to E&V
Development on December 24, 1979.
C.A list of all persons with an ownership interest in or a lien on the property.
No Title Report was submitted. See B. above.
Identification of the regulation that is alleged to restrict the use of the affected property and a statement
describing how the restriction affects the value of the property.
The claimant only lists wetlands regulations and that they wish to build a four plex (rowhouses) next to the
condominiums. Since the claim is not specific to individual wetlands regulations, it can be assumed that all City
wetland regulations are claimed. It is im ortant to note that there is no specific wetlands delineation to determine
the extent of limitation. Normally, wetlands are delineated as part of a land use application. Generalized City
wetland maps indicate that a portion of the property is likely in wetland. Without a specific delineation, however,
the boundary cannot be determined nor can the impact of the wetlands regulations. It must also be pointed out
that waiver of City wetland regulations does not provide the claimant waiver of other jurisdiction wetland
regulations. This could include the Oregon Division of State Lands, the US Army Corps of Engineers and
Washington County Clean Water Services. Attachment #3 is a copy of the generalized location of wetlands as
shown on City maps.
E. A statement whether the Claimant prefers compensation or a waiver, suspension or modification of the
regulation, and a statement describing the extent to which the re&ulation would need to be waived,
suspended or modified to avoid the need for compensation. A description of the proposed use must be
provided.
Under claim preference, the claimant lists only"We want to build a four plex (rowhouses next to our condos that
we built)' This implies they would prefer a waiver.
F. The amount claimed as compensation and documentation supporting the amount. The documentation
shall include a market analysis, an appraisal, or other documentation at least equivalent to a market
analysis.
The claimant claimed$398,150 as compensation but did not provide documentation supporting the amount.
E&V DEVELOPMENT COMPENSATION CLAIM STAFF REPORT"7200&00007 PAGE 2 OF 5
CITY COUNCII.HEARING 4/24/2007
G. The name and contact information of the Claimant's authorized representative or representatives, if
applicable.
No representative is listed. Only E&V Development (Gene Davis) 10875 SW 89th Avenue, Tigard,OR 97223, 503-
246-5862 is listed.
Section 1.20.080 outlines the criteria for making a decision on the compensation claim. In deciding the
claim,the Decision Maker may take any of the following actions:
Deny the claim based on any one or more of the following findings:
a. The regulation does not restrict the use of the private real property.
Without a wetland delineation, it is impossible to determine how wetland regulations limit the property. The City's
wetland regulations, however, are restrictive in some circumstances. City wetland mapping indicates that the
property is impacted by a designated significant wetland. Landform alterations or development is not allowed
within significant wetlands. As a result, the regulations will likely impact the ability to develop a four plex to some
extent.
b. The fair market value of the property is not reduced by the passage or enforcement of the regulation.
The claimant has only indicated a claim of $398,150. It is unclear whether this is a claim for the prohibition of all
development or a limitation on the development. If the wetland regulations actually impact the development
potential, it can then be deduced that the fair market value was reduced. How much or to what extent cannot be
determined without a plan and application of the wetland regulations and how they interface with other land use
regulations.
c.The claim was not timely filed.
The claim was filed on December 4, 2006 which was the last day to file a claim two years after the passage of
Measure 37.
d.The Claimant is not the current property owner.
While no title report was provided,the claimant indicated purchase of the propertyin June, 1967 and the transfer of
the property to E&V Development in 1979. Both of these dates precede the current wetland regulations.
e. The Claimant or family member of Claimant was not the property owner at the time the regulation was
adopted.
The City was incorporated in 1961. Wetland regulations did not exist in the development code in 1967. Wetland
regulations were not adopted until 1983 and have been amended numerous times since then.
f. The regulation is a historically and commonly recognized nuisance law or a law regulating pornography
or nude dancing.
While there may be some argument that regulations protecting wetlands and natural areas are nuisance related,they
have not been litigated with respect to Measure 37.
g. The regulation is required by federal law.
Other jurisdictions such as the US Arm Corps of Engineers and the Oregon Division of State Lands have
established wetland regulations that are different yet complimentary to the City of Tigard wetland regulations. The
Claimant must either comply with other regulations or file claims where appropriate. We have no information
whether claims were filed at the State or County level. Measure 37,however,does not apply to federal regulations.
E&V DEVELOPMENT OOMPENSATTON CLAIM STAFF REPORT(M372006-00007) PAGE 3 OF 5
CITY ODUNCIL HEARING 4/24/2007
h.The regulation protects public health and safety.
Wetland regulations help to maintain the integrity of rivers, stream and creek systems by n*nm* ;zing pollution,
promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitats. These may be
partially related to public health and safety but once again have not been litigated with respect to Measure 37.
i.The City is not the entity responsible for payment. The City is not responsible if the challenged law, rule,
ordinance, resolution, goal or other enactment was not enacted or enforced by the City.
The City has enacted wetland regulations which may impact the properly in question.
j. The City has not taken final action to enforce or apply the regulation to the property for which
compensation is claimed.
No detailed development plan or land useproposal has been reviewed or final action taken on to apply the
challenged regulations. The City could force the claimant to a ply by denying the claim. The claimant then has the
option of making application which then provides two years rom the date of the decision to file a claim or to go
directly to circuit court for a determination.
k. The City has not established a fund for payment of claims under Measure 37.
No such fund has been established at this time.
1. The Claimant is not legally entitled to compensation for a reason other than those listed in subsections a
through k.. The basis for this finding must be clearly explained.
Staff finds no other reasons, aside from those already listed,to deny the claim.
2. Pay compensation, either in the amount requested or in some other amount supported by the evidence.
If the City pays compensation, the City shall continue to apply and enforce the regulation. Any
compensation shall be paid from funds appropriated for that purpose. The City may require any person
receiving compensation to sign a waiver of future claims for compensation under Measure 37 and the City
may record that waiver with the County Recorder.
The City Council will need to make a determination of whether funds may be appropriated to pay any valid claim.
To pay an alternative monetary claim would require an appraisal of the impact of the regulations and there is no way
to determine how that alternative would relate to this claim.
3. Waive or not apply the regulation to allow the owner to use the property for a use permitted at the time
the Claimant acquired the property.
The City Council shall decide whether to pay the claim or waive the regulation. Staff recommends that should a
waiver be granted, it shall run with the person, not the land, and shall be a specific exemption to the City wetland
regulations.
4. Modify the regulation so that it does not give rise to a claim for compensation. Any such modification
shall be for the specific property only unless the City follows the procedure for a legislative land use
decision.
Waiving wetlands regulations will still require the claimant to meet other jurisdiction requirements and the
remainder of the City land use regulations.
E&V DEVELOPMENT COMPENSATION CLAIM STAFF REPORT(M372006-00007) PAGE 4 OF 5
QTY ODUNCIL HEARING 4/24/2007
5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of contributions
toward compensation by a specified date from persons opposed to the waiver or suspension, such as
persons who believe they would be negatively affected by waiver or suspension, with the waiver or
suspension being granted if the defined amount of contributions is not received by the specified date. If
the contributions are received, compensation shall be paid within 180 days of the date the claim was filed.
The specified date shall allow the City time to process the contributions and pay compensation.
No contributions for compensation have been identified at this time.
The Decision Maker may take other actions it deems appropriate in individual circumstances,may modify
the listed actions, and/or may combine the listed actions, consistent with Measure 37. The Decision
Maker may negotiate an acceptable solution with the Claimant or may direct staff to negotiate with the
Claimant. In the event that the Decision Maker directs staff to negotiate,the matter shall be set for further
action by the Decision Maker no less than 175 days from the date of the notice of claim became complete.
The Council shall take final action within 180 days of the claim. The Decision Maker shall take actions 2
through 5 only if it determines the claim is valid.
Given the date of this analysis, it is impossible to enter a process of resolution and resolve the claim within 180
days. The staff recommendation suggests waiver of the City'swetland regulations. The claimant should file a
development apFlication and apply according to all regulations except those relating to City wetland regulation.
Requirements o other jurisdictions must be completed by the claimant.
A decision by a Decision Maker other than Council shall not be a final decision, but shall be a
recommendation to Council.
This report represents only a recommendation to the City Council and is not a final decision of the City.
SECTION IV. CONCLUSION
Staff finds that it is possible that wetland regulations could restrict the development of the parcel in question. With
respect to that, it is suggested that the City wetland regulations be waived. An ordinance adopting the staff report
and establishing a waiver of the wetland regulations of 18.775 of the Tigard Development code has been prepared
for Council Consideration.
,y a
March 26 2007
PREPARED BY: Cheryl Caines DATE -
Assistant Planner
March 26,2007
APPRO B . Dick Bew, rsd rff DATE
Planning Mana er
E&V DEVELOPMENT COMPENSATION CLAIM STAFF REPORT(ND72006-00007) PAGE 5 OF 5
QTY COUNCIL HEARING 4/24/2007
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ATTACHMENT 4
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PROCEDURE FOR BALLOT MEAF&EIWED
COMPENSATION CLAIM DEC 0 4 2006
City of TigardPmnr Cerner 13125 SWlHall Bhd, Tigard OR 97223
Phone• 503.639.4171 Fax.503.598.1960 CITY OF TIGARD
PLANNHNialeEERIaG
The claim must be in writing and include the information listed below. The claim shall not be considered
Bled until all of therequirements of the procedure are met.
FOR STAFF USE ONLY
Case No.: Application Accepted By:
Date: L oy 0 Date Determined Com.
Tete:
Deposit: 1,000 (Deposit to be refunded if claim is determined to be valid. If claim is denied and ultimately determined invalid,the claimant shall reimburse the City for
the costs the Catyincurs in processing the claim If reimbursement exceeds the deposit,the claimant shall pay any additional amount within 30 days of a demand by the City
for full payment If costs are less than the deposit,the difference will be refunded to the claimant)
IDENTIFICATION OF AFFECTED PROPERTY r ,,
PropertyStreet Address/Location(s):V
Tax Map&Tax Lot#(s):
Subdivision Lot#(s): U
CLAIMANT INFORMATION
Property Owners/Claimants/Deed Holders': go
Address: �� Tu r f 1"/, ��� Phone:��
Caty/State: li�Glf,gkj �� Zip:
(Attach list if mo than one)
aJLt/�
Date Claimant Acquired Proper�Zf
Date Family Member of Claimant Acquired Property(if applicable):
Names and Relationships of Family Members that are Previous Owners (if applicable):
(Attach list if additional space is needed)
Lien/SecurityInterest Holders of the affected property
Address: Phone:
City/State: Zip
(Attach list if more than one)
When the owner and the applicant are different people, all owners of the affected property must sign this application in the
space provided on the back of this fonn. If the affected property is owned by two or more persons and not all owners seek
compensation,all owners who do not seek compensation shall sign a waiver of the right to compensation.
4 t
REGULATION RESTRICTING USE
Identify the regulation that is alleged to restrict use of affected property. Provide a statement describing how the restriction affects the value
of the property. (Attach additional materials as necessary)
rV
CLAIM PREFERENCE
Provide a statement of whether claimant prefers compensation or a waiver,suspension,or modification of the regulation.
f44117t; I
Include a statement describing the extent to which the regulation would need to be waived,suspended,or modified to avoid the need for
compensation. A description of the proposed use must be provided. (Attach additional materials as necessary)
AMOUNT OF COMPENSATION
The amount claimed as compensation: ';0"
Provide documentation supporting. the amount Said documentation shall include a market analysis, appraisal, or other
documentation at least equivalent to a market analysis.
Claimants'Authorized Representative(s)if applicable.
SIGNATURES-of each owner of the subject property.
DATED this day of �� ,20�
uvvne?s'Si re Ovre irgi&fure
Owner's Signature Owner's Signature
Rev.:7/5/06
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Attachment 2 {b}
CITY OF TIGARD
ORDINANCE NO. 0443—
AN ORDINANCE AMENDING ORDINANCE 04-12 PROVIDING A PROCESS FOR
CONSIDERATION OF CLAIMS FOR ' COMPENSATION UNDER 2004 BALLOT
MEASURE 37, ADDING A NEW CHAPTER 1.20 TO THE TIGARD MUNICIPAL CODE,
AND DECLARING AN EMERGENCY.
WHEREAS, on November 23, 2004, the City Council adopted Ordinance No. 04-02 without
incorporating the written Exhibit A that had been distributed and directed that a revised Exhibit
A be prepared to include specific changes;and
WHEREAS, a revised Exhibit A has been prepared that includes the changes requested by the
Council;now,therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Ordinance 04-12 is hereby amended by adding an Exhibit A to that ordinance
in the form of the attached Exhibit A. The Tigard Municipal Code is
consequently amended as provided in Ordinance 04-12 and Exhibit A.
SECTION 2: Because this ordinance is necessary for the preservation of the health, safety
and welfare of the City, an emergency is declared to exist and this ordinance
shall be in full force and effect immediately on passage.
PASSED: By OCL.)Dr) vote of all Council members present after. being
read by number and ie only,this /u day of .1�. ol'gmAgf,2004.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this f° day of ,2004.
t
Craig D -ksen,Mayor
;tpyrAttoiney
oved as to fo m:
ORDINANCE No. 04-
Page 1
. ) 1
EXIdIBIT A
TO CITY OF TIGARD ORDINANCE NO. 0q, 3
PROVIDING A PROCESS FOR CONSIDERATION OF CLAIMS FOR COMPENSATION
UNDER 2004 BALLOT.MEASURE 37, INCLUDING A PROVISION FOR ACTION BY
NEIGHBORING PROPERTY OWNERS, ADDING A NEW CHAPTER 1.20 TO THE
TIGARD MUNICIPAL CODE.
Chapter 1.20 Compensation for Reduction in Property'Value
1.20.010 Purpose
The purpose of this Chapter is to provide procedures and standards.for claims for compensation
made pursuant to 2004 Measure 37.
1.20.0 20 Definitions
As used in this chapter,unless the context requires otherwise:
"Affected property" means the private real property that is alleged to have suffered a
reduction in fair market value as result of the City's regulation restricting the use of that property
and for which a property owner seeks compensation for the reduction in value.
"Claimant" means the property owner who submits a claim for compensation. under
Measure 37 in accordance with Section 1.20.030.
"Decision Maker" means the-City Council or any person, board, commission, or other
entity to whom the Council has delegated authority to make decisions on Measure 37 claims.
"Regulation" shall mean a provision of the City's comprehensive plan, Community
Development Code and transportation ordinances.
"Restricts the use of property" means prohibiting a particular use of the property or
making that use only permissible under certain conditions. Regulations requiring or setting fees
to be charged are not restrictions on the use of property.
"Manager"means City Manager or designee.
1.20.030 Claims
A. A property owner wishing to make a claim against the .City under Measure 37 shall first
submit a written claim to the City. A claim under Measure must be in writing and include:
ORDINANCE No.04-
Page 2
3 j
1. Identification of the affected property. Identification may be by street address,
subdivision lot number, tax lot number, or any other information that identifies
the property.
2. The name and contact information of the person making the claun, the date the
Claimant acquired the property, and, if applicable,the date that a family member
of Claimant acquired the properly and the names and relationships of family
members that are previous owners.
3. A list of all persons with an ownership interest in or a Tien on the property.
4. Identification of the regulation that is alleged to restrict the use of the affected
property and a statement describing how the restriction affects the value of the
property:
5. A statement whether the Claimant prefers compensation or a waiver, suspension
or modification of the regulation, and a statement describing the extent to which
the regulation would need to be waived, suspended or modified to avoid the need
for compensation. A description of the proposed use must be provided.
6. The:amount claimed as compensation and documentation supporting the amount.
The documentation shall include a market analysis, an appraisal, or other
documentation at least equivalent to a market analysis.
7. The name and contact information of the Claimant's authorized representative or
representatives,if applicable.
1.20.040 Notice
The City shall provide notice of the hearing required by Section 1.20.070 to all owners of the
property, lien Holders and security interest holders,record owners of property within 500 feet of
the property, recognized community participation organizations for the area the property is
located,and anyone who has requested notice at least 7 days before the hearing. The notice shall
identify the property, state the date,time and place of the hearing, state the amount of the claim
or statement describing the extent to which the regulations would need to be waived or
suspended, the City contact person and phone number, advise of the availability of the staff
report and summarize the hearing procedures and nature of the claim. Failure of any person to
receive notice or any defect in the notice shall not invalidate any action taken or decision made at
the hearing.
1.20.050 Staff Report
City staff shall prepare a report analyzing the claim. The staff report may be reviewed by the
Community Development Director,Finance Director,and Manager before being submitted to the
Decision Maker.
ORDINANCE No.04- J 3
Page 3
The staff report shall be submitted to the Decision Maker, mailed to the Claimant, and made
available to the public at least 7 days before the public hearing required by Section 1.20.070.
1.20.060 Decision Maker Proceedings
The Decision Maker shall hold a public hearing on the claim. The public hearing should
normally be set within 150 days of submission of the claim but may be set at any time. The
Decision Maker may hold an executive session on the claim at any time.
1.20.070 Public Hearing
The Claimant and any other person shall be provided a reasonable opportunity to present
evidence and argument at the public hearing. The Decision Maker may limit the duration of
testimony.
1.20.080 Decision Maker Decision
In deciding the claim,the Decision Maker may take any of the following actions:
1. Deny the claim based on any one or more of the following findings:
-a. The regulation does not restrict the use of the private real property,
b. The fair market value of the property is not reduced by the passage or
enforcement of the regulation..
C. The claim was not timely filed.
d. The Claimant is not the current property owner.
e. The Claimant or family member of Claimant was not the property owner at the
time the regulation was adopted.
f The regulation is a historically and commonly recognized nuisance law or a law
regulating pornography or nude dancing.
g. The regulation is required by federal law.
h. The regulation protects public health and safety.
L The City is not the entity responsible for payment. The City is not responsible if
the challenged law, rule, ordinance, resolution, goal.or other enactment was not
enacted or enforced by the City.
ORDINANCE No.04- ?j
Page 4
j. The City has not taken final action to enforce or apply the regulation to the
property for which compensation is claimed.
k. The Claimant is not legally entitled to compensation for a reason other than those
listed in subsections a through g. The basis for this finding must be clearly
explained.
1. The City has not established a fund for payment of claims under Measure 37.
2. Pay compensation, either in the amount requested or in some other amount supported by
the evidence. If the City pays compensation,the City shall continue to apply and enforce
the regulation. Any compensation shall be paid from funds appropriated for that purpose.
The City may require any person receiving compensation to sign a waiver of future
claims for compensation under Measure 37 and the City may record that waiver with the
County Recorder.
3. Waive or not apply the regulation to allow the owner to use the property for a use
permitted at the time the Claimant acquired the property.
4. Modify the regulation so that it does not give rise to a claim for compensation. Any such
modification shall be for the specific property only unless the City follows the procedure
for a legislative land use decision.
5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of
contributions toward compensation by a specified date from persons opposed to the
waiver or suspension, such as persons who believe they would be negatively affected by
waiver or suspension, with the waiver or suspension being granted if the defined amount
of contributions is not received by the specified date. If the contributions are received,
compensation shall be paid within 180 days of the date the claim was filed. The specified
date shall allow the City time to process the contributions and pay compensation.
The Decision Maker may take other actions it deems appropriate in individual circumstances,
may modify the listed actions, and/or may combine the listed actions, consistent with Measure
37. The Decision Maker may negotiate an acceptable solution with the Claimant or may direct
staff to negotiate with the Claimant. In the event that the Decision Maker directs staff to
negotiate,the matter shall be set for fin-ther action by the Decision Maker no less than 175 days
from'the date of the notice of claim became complete. The Council shall take final action wifihin.
180 days of the claim. The Decision Maker shall take actions 2 through 5 only if it determni ies
the claim is valid.
A decision by a Decision Maher other than Council shall not be a final decision, but shall be a
recommendation to Council.
ORDINANCE No. 04- 3
Page 5
1.20.090 Delegation of Authority and City Council Review
The. Council may delegate authority to act as a Decision Maker to any person, board,
commission or other entity by motion, resolution or ordinance. The Council shall review all
recommendations of the Decision Maker and make the final decision. If a Decision Maker other
than Council has made a recommendation to Council, Council may act on the recommendation.
by motion or order without a Council hearing. The Council may approve recommendations on
its consent agenda.
1.20.100 Action by Neighboring Property Owners
If a Claim results in a waiver of enforcement of a regulation and the development allowed by the
waiver causes a reduction in value of other property located in the vicinity of the Claimant,those
property owners shall have the right to maintain an action against the Claimant in state circuit
court to recover the amount of the reduction. The nearby property owners,if successful, shall be
entitled to an award of reasonable attorney fees. This section does not create a right of action
against the City.
1.20.110 Authority
The City Council shall have the authority to take the actions listed in Section 1.20.080, including
the authority to waive or suspend any provision of any City code, ordinance or resolution,
notwithstanding any inconsistent provision in this code or the Community Development Code.
The City may retain an appraiser to assist the Decision Maker or Council determination. .
1.20.120 Deposit and Responsibility for Costs
The Claimant shall provide a deposit of$1,000 at the time the claim is filed with the City. .If the
claim is determined to be valid,the City shall refund the entire deposit. If a claim is denied and
ultimately determined to be invalid, the Claimant shall reimburse the City for the costs the City
incurred in processing the claim. If the amount of reimbursement exceeds the cost of deposit,the
Claimant shall pay any additional amounts within 30 days of a demand by the City for full
reimbursement. If the amount-of reimbursement is less than the deposit;the City shall refund the
difference to the Claimant. The City shall provide an invoice detailing its costs when demanding
additional reimbursement or providing a partial refund.
1.20.130 Severability
If any section, phrase, clause, or part of this Chapter is found to be invalid by a court of
competent jurisdiction, the remaining phrases, clauses, and parts shall remain in full force and
effect.
ORDINANCE No. 04- ) 3
Page 6
���Na�+11w�a1r lw rlYWyCF,�M'Wt.a..'s
wAIMPLA r*wM-a•ATv%wr.+mow 79039753 0"
RXEK L. DAVIS And VIYWI DAVIS
Can"And sanwnp m.-__........... ............ �E.s,'Y.OLYELOrL1Elt�.CO,. an Oraypn..corpsntton
._.»._ ...._.-._ _:.__.._..... .._.................... ........._ ._....._... Orwwo,tin tetbwbe darrlbeV
1f41 plvdav
hoa o1 tasratbrotrtt waft r
mmolwavy w hwdl 0 orkmed is Washington bra Ortega,to-wilt
Sao Exhibit A att H r
aahnd hereto and by this rrtannto wdo • ►art haraol. �� ;�l.,
1"!,o tai/ hw ~aaa NOMMU /anown awoatmr all arm amt
a;. r
tlr A Ava awamhrarero—Pt
~ RO 000.00 J•;.ur. �'
rho sraa oetattdoratiaa Ise Isni atgrt�ango Az l •_a.._ .. _.Chao CM%*ORA dYo nownwaig atum am)
M Zko"fdo
..._._._._.
t�,1wt8TArm OF oxwom.Carry at..daltnorrb....... a– S�►toabwr__..� „ ,Il. � ►r•
r! rf" ,-i� Puagaalb oga*d dr above turd
lot
c• age Mkwwtod�od rat is bg» _ » VOLVA rr=1 ad dmmL
xs t11 S ,f� Bak roaw:
�r Maher lkrbtAr ol/3LC ___
am**ard-vsvdas 9&4:i• srArs or OJISCION
:- itataawt rrw l
_ vartchtoxon Slw
No wrrry rlr.w f
r
i Mail
.RHoa Sttaerww. � 1.=
- -�Yrr.+�j.YiogwarLdllrirrwrr CawagraAKa.d. .... a _.. �.. !t~ -
...:Mb.r.d.YMYrrraodbar .
-
�: � •�3Q'.t:Y_;.IaabsN:ttrtaet _.._.__.�....,...M ��t.•
`:�'� -�laar,�at�IL'i�ifubs y�•_ --�PMr
r�....rrwwr r •
Jpr At�tl,,,j•�!,`r•�:3r•,C•li.'lr';',#•�.-.+,kik• f
"t��'G•'Z�e'pr•'�i',. ,._,.. r.:'•.':o.'.:-�•%:. :"•t`;,'�:�:`;ire ••y��;
f - .'_".i'•�-rf�'C"'�,#t'�.•+��:s: �f<:.. •-E;`''�•�°• - :�. •sr,.c.�_11�J�..`.•'4;�?•4i.� y
}�w.`} 1. .f4� '►:'^' i J,'�I '�1 kms)•^J•• .- - ::�:;:'r
s J .1r
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t'r } i%�•4C/: � S 11..x••::�'r r':..•• '.. ., •....(:•..,,�••.
�• ': -:7}7!:1F!+11R11Y'.'•r:Yie�:ti:•.''��'c;.)i;lfII
� 7 Aaiun `^fJ �•'••,-
• t
Rel Property, situated in the County of W"MrSton, Slate of
Y 09*P%llnvibed as fonown
,r� t"gyp/I • �,: _ .%J,fP�i
Bwnplag at the Southwgd carper of the D. G. Graham
Land (;ip i DonalFoe
Willamette Merl.San w w�' d O Rm a ! west of the t •"Y�;:
• asMegtaar Cant O
yy. regaa,and waning thanes .. ,
- Ud dOW the South line of said damatton lad elalm,Itllff.9 feel to
- 12 • :.
corner of that eerlaln rise/of convey to oilrew
by 411041 IS recorded an page 9 of Volume Sol of HnaN tan raunty�
Oregon Owed tteeorda w1jiaM polar to the true troiet of heginmlog of `�
the herein described tract of land, and wMch point kk on tho
Mlinetrr J
theses f�*y of the Q*%QM 111whle Railway right of rayl
'A"" ddearrOM Point of iME`
' Nast aionR tlw Norl' � � >hwth 9i'a4� ,.z�•; v
S/ fh►WMndal!►1104 of aid Oregen tlleatrla rlgltt *'
. of way Li feet to the moat Southerly am w of said Warm d org
tree tMnce North 20'Si' pat N.1 feel to a M-entrant earwar in x� `
�ti..
to t argrow y deadtrece dad on pj4Paasl ansa Of tract a ank ad
�'.
! 11,hook 94,tye«t tteoarda of
N►sskllsta Canty, Orogen thence along-tae North line of said „r'}'�
HarGov re treat south 7N2o'West IiN•S fed to the iloutheast corner '
or that.tote,"LM22 aero treat which was conveyed to llcaricite
Ron theme!long the East One of aid Rue tract North 59si'West '
St•i feat to en ban at the Nartbacareer at catof sold Rue trach lbcdce
elarN•the Horth one of aid not 1 a ---
and theme north d Soath 16 t3'wear tits feet
sag tM 11at Nae of sal.!War,a
said County Road !10.1 flat to ■ ' Meet and is
dd o f saM North lip", Rost
SUJ feat to as ire*
I'k►o ao the seat one of w w
illowe f"%e'ler Wed b th
iO4 feet e true polet of b tg of
this d"WIPuan.
�cr•
• Be;tantlW at the solltblaal aartrae of Lha t)C. Graham uoneliom
r
Land Claim Na 52 In Tow
l Mouth, NAPR� 1 Wes of the
Willamette Meridian,ly"Muslon ouel ,Orcgo%and riming tIwM*
Bat aiaig the SOMb 11110 of aid donation land daim,Ia01•9 foal to
an iron SM theme North 00", FAA 451.1 foal to the'embeast
Comer of that eertaln but of lardeorrdyad b Andrew Moraredortf-
by dead as relented on page S of uw—,a 101 of MaaMagtM County.
,Or" 1.used Rsaor*,wMab pout Is on the NeMherfy bowKbT tine
sV M �•: t' � • i,�3-
a' ';::1 v S i... .!-fh.. ••3;�?Y.�Yf.+4 �y a .:.:'•7t.•;•-r:f.•_u• Y- .s`?.
_ �{aSl,`.•h : l�p,�l`.•;:7 Vii;� �'�'Y..y-•Y'�..-'ls-��.•.r:` :: '+'- -ptl� +
y- .s7:+f? i. .y., S K•t.ifr-;_1,:�� L.' :r•• -'•.• '!':,;yam.
.y{ .•���+_��'.,flr.?r.��(r..1�•�LItF. rir••�.1.��:J,'�.,r-t. '' *-x+'�_ .'•Ik�'+'�� =:y
�?��Lv+�l'�'t{��,7,.r5j+J.e�.i�'.n.-•••fis•;:�sfAt"`+".1�- -�•i:'_ _�'t. ••tY'- •�:�Z'�'r,�•�•Yµ ,�•,:r.
+s;� ,"�TSL.:aB'g5r.p�;��'��?''.£A'�'�c� ..•��' _•r..-. ., _ ._ .• .. '"{.+'•S:it[ �r�SSr�
ick-"Fs"�YSS�'t`}r 1 Sti':x�; 3T•::; , t�i: �'r is f'
":�^�J�+.,..-;.»,+:_� ;eG. a.��•n•.��`. .:� t'`' J..•."i:r,,-•. a `.r-' ;i+..
!�?.rA::�•aF-:;�r�}.Y:ac.•••'t.tiF�*i;�` �\: }tl•u.er : io:F.'} :` .. - i
.•i�. ...�;`- F:ir.`.'4. •i-��'�r;�:f'S__�:'..ii� 3t�p:}ii}•-• fti,y■�,Y �s,, .•.. ... - .°t,�,� -
•{i'cf.,1.�.j. !.. , t.�•!lh•.`1d::4•%S(,i:ai•:•'••'-. • '.'.•• '.
s�J �S;`c`}'�':'' �s•+_e ''�y'el��''`:.L'�f -Y:-f_a•f:�•%srJS�:y�:.•::n . .. ..* :�
J F e
of theOtYioa F.laatrle aaUwaY thence Mouth W041
Meat ttloai to Notlksty boundary Ike of sold Oregon Mecirle rials}
of null;%ILA feat to im truest Sontlleriy omrtter of told wormsborg
tract Mrd Ittq teua point of lg of the tract iiercin dascrldt
ba _ .. ;: :•
!.1 tea rant corner in sold
thwrae Nath W$11I Wed
l+ t to i resent :=
corner of trout eomeyed to
tial
ifora ftedi recorded as 1re 17, Bank 940 Dead Aeeorda of
by OrKart 16anoo a{a� the llprth line of sold {S .-
1r, nAtewti cowatr. ;,wr .
11"grow tract lloath 7i•20�weal bids toot to liho ilecllnnsd earner
Of that eartalR tract daeeribed in dead to U.C. ItarRroeo reaord�
arid Efaarr��ro"tract Mouth 3743'Festal 101.7 tcoi io on iron 000 vin
the Borth Ilea of Raid filen F4cctrle ltellaa}right of "or thanes A�
North Se
57 iut.iti.57 feet 10 the true poLd of bedwAl b. a
irm"i In
ge�i mid el an iron pipe to lte Cotmty Rond which Is heeled 495.44
lest t=,asl ani I7l•9fi feel North of the southwest corner of the 0.
Globes 9mm"lAnd Claim NO.ii.in Seclioo 36,Tow QIP�,Y
RM" i vont of the wUlanatto morWim. woshkni
0.0 111 - - North it`3titFant 23%.54 fast to an Iron pipet thence -
Necth 35't_-!/r weal 14.40 feet to an Iran pip"thwwe North If It-
Ur East 40.03 feel to an Iron pIPo1 uknso SwtM 91*03,F.al 40.23
feet to an Iron pipe on the p Wy Nae of the ahahrkeed Oregon ;
iptlsalcte hallway, theme[forth 52.51,F�-ebwhi said Northerly right
of welt Ujo 10 a point an the TWA 110e a�� s I-��hwed
from Yradatick Areeabw9v fns Dead Aaeordq
.Co.,ra0orded.lanuary ii. 901.in Book 72.Page of field abandomed
ldormor of
raitread s�•t��M 01+y �M balt� MW
��o�wed irdbnad W .
1•aeoN it deaalhad is dead trait��1149�Boak-393 Pada 33,•
Ito iatla w. itu%recocdod Dace
Do"ttNor*$thane South tit'Or t'rat•-ataK the comer tine of said
abando and rW.of Weser to Iho toad waterly comes of said faecal It
-dowli cd.in told dived to iteariattR W-Rif"tiwntec*t4wllh a7•aa'Eurd
ti w lies Wesdariyilne Of saw pereei_il.Ib fee to lies Rnotihnrhi Nn0
of sold abaadonnd right of way."Id point being lhn mad Northerly
eoraur of Poreel I dmwil ed in laid deed to ilewlettn w.ti�Qwac i
ttauUe lie i1'Meat mow S Nowly hne of said drehdo►
w�. rtb-
MA fed Io the center lire of the County Radl cads othe
ti'3'ft Wal atena "m center Ilan ot" the County Int
b to the
Nohiharly Une of sold abnaidoned tW of"71 said Polat Melt4g the
Baattrwast soraar of that triol dasalbef"1w dead from ,taule
reaerted'AhAual ZS.N440
tlhhcaitra011 and larabard to>S1ebe1 t. Qlhapaohn,
is lloolc 234. hLo 10, DW ttseork"tbeaao eanunaini &I'MV
• /err. •' :1'-1—Z-5 d lam:f: ��7..t�'; a`• -�'•:�
r1��C t•s✓.t i�,t �'1 ♦::�.�+% �v-::•.- K �" Ir11
�r ;t �ti•'� :i ,i ' .''..:; :. .* ::, -}...•ye, •� cilli
1 �t ,-';J.I!-�.:Ley �}.,,..1,; .�2.; :: `s•:.��.:s...�`,��+�., .r
��• �A -T. µ�jr+1-n'�-1:i r.{P�'�".',::�"Y•?u�. 04•1:
!.t?Y r��y'.P,j'= ����t _ .c rim-k�.? 4....�:l,:.ri1�n'�`�:K•• -• kvT
iii-�2• .'{� iS
•{'�s '::f'st - ?5^yam–lyes-f�, t.+��''1�r•� �• 1,tr�`s�(.,�„ •.,:. +• 'r
"vy;, ref-'.tSy � •�k4:.aj7 !•!f.:!r}�y.:�r�i:'I•:'.::1:.• :.%:i.���
•t11tf:GX7lfW:.••'a� '4It._ iV•a
•r
Coater of the coanty 11oa4'Wo tb m=at'iad 16.50 feat to tha point .
' :of.tw�i BxCBt 1YNa'TllzRlw.Rom-Imt pwoon omveyaa°e4�� _•~.''• -•'; ;t, ,Y-'
_ !tea a e�� at ax,to 11..M�Ktoa CauNty.-rar:a.e wwf :.br s
<- 46"d?.1a00tdod.NowwAw 1, NW. in Book.40, t'rir 46% D'rW
:i�•.:':_- - •:f. � � _ 'iTA74OrYll�aa� i-'"'�: ;:
WA
SrA
oil
IS i
-(1•:� -'i:"�:`. �tit:...• 1•-
•-�q^C is-:_:.��,- •.t;, - _ -"'�� �� V-' %='�....:r
f._ , �•,iu. a. 5:.. .:•.aJri tib. � �
,;�- :��r,;;;�;:: '_ ..:,:�-:.,. .•:•�:';.;%•,='r�- '•!tea
. j t<r'.•iX�'��r:'„`.'•�r.:�q:w::3.-}'r.l vit Y:•k�+,:, �r:
• ���-''„''�`j` �`�'' � I '�Q•'l}�`/',-/^/+��".� t i`'r� �'`.”' �:i,�Ir\ +' ice` `)�` ,y+ �i ,>-' .,Y� i\ �°j
low
`�. ^ice`' �•-- �� �', -i+ .•p' `\�' Ii' '� `r'',,``-' `r `>', `',``T;', `i�' `{' \'+ `1 `•i,' `.<.
+ a1AC•" lot,' . u ) ' l��Si07.2XW
-� `� ® �
' \ '• '
2800
gig
;f ` \?`` \,,%`�{. •Y �.�� ® �' ILLI
,), �,� �� •rte` Ai•FAtosNr ® ® ® �13 SEE IIS136G1
Nmo WHO SUPPYAPNO
"� - . , .,'` �► 00000
4 ►arebr'�; 2600 fin `
%
AWAC
so 34
kid
<11
6o
10 2.40AC
N s..
qL
i w E
ItaN�w„�• .—r � w. A AV
`\\�\
CHICAGO TITLE
"This plat Is for your aid in locating your land with reference to streets and other parcels.
While this plat is believed to be Correct,the company assumes no liability for any loss occurring by reason of reliance thereon.'
Map No. 1S136CA 02800
CHICAGO TITLE INSURANCE COMPANY
10135 S.E.SUNNYSIDE ROAD Suits 200
CLACKAMAS.OREGON 01015
7/1/06 TO 6/3.007 REAL PROPERTY TAX STATEMENT
WASHINGTON COUNTY OREGON '155 N FIRST AVE.,RM 130 HILLSBORO,OREGON 97124
PROPERTY DESCRIPTION MAP: 1S135CA-02800 I ACCOUNT NO: 8272957
SITUS: 11040 SW GREENBURG RD, CODE AREA: 023.81
ACRES .41 2006-2007 CURRENT TAX BY DISTRICT:
COLL-PORTLAND 0.48
E^� Qd'1P\ ESD-NW REGIONAL 0.26
j" �.�. O qa``I(,/t l(1-7.-NJ� SCHOOL - TIGARD
v 8.51
SCH-TIGARD/TUAL/AFTER LOL 0.00
EDUCATION TAXIES: $9.25
E & V DEVELOPMENT CO
10875 SW 89TH AVE WASHINGTON COUNTY 4.16
TIGARD, OR 97224 REG-METRO SERVICE 0.18
VALUES: LAST YEAR THIS YEAR PORT-PORTLAND 0.13
MARKET VALUES:
FIRE-TV FIRE & RESCUE 2.82
CITY-TIGARD LAND 1,850 1,850 4.65
STRUCTURE TV FIRE & RESCUE LOL 0.46
TOTAL RM1
V VALUE 0 GENERAL GOVERNMENT TAXES:
, 850 1,850 $12.40
TAXABLE VALUES: BON WASHINGTOYv COUNTY 0.37
ASSESSED VALUE 1,850 1,850 BOND-METRO SERVICE DIST
0.34
BOND-PCC 0.38
BOND-SD 423=TIGARD 1.65
PROPERTYTAXES: $27.60 $26.51 BOND- TV FIRE & RESCUE 0.08
APPEAL
BOND=CITY OF .TIGARD 0.40
DEADLINE January 2nd,2007 BOND-TRI-MET
Value Questions Call 503-846-88260.18
Tax Questions SCH-TIGARD/TUALATIN-AFTER 1.46
Ca503-846-8801 :
Personal Property Questions CalllBOND PND MISC TAX:
$4.86
Other Questions Call 503-846-8741
2006-07 TAX (Before Discount) $26.51
PROPERTY TAX PAYMENT OPTIONS
(See back of Statement for payment instructions.)
Pay Due Discount Net Amount Due
In Full 11/15/06 0.80 $25.71
2/3 11/15/06 0.35 $17.33 ,1
1/3 11/15/06 NONE $8.84 IC15� (l�CC1�` ?G,77
PLEASE MAKE PAYMENT TO:Washington County Tax
DELINQUENT TAXES: NO DELINQUENT TAXES DUE
Make Online Payments at: (See back for explanation of taxes marked with an asterisk(").
https://ecomm.co.washington.or.us/propertytax Delinquent Tax Total is included in payment options to the left.)
Pay by Phone at: (888)510-9274 TOTAL (After Discount): $25.71
All Payments Processed Upon Receipt