From: Gerald Fisher
Sent: Mon Apr 16 15:44:20 2018
To: Rick Gill
Cc: Tony Brooks; Aldo Rodriguez; Neal Lucht
Subject: RE: Legal Tax Lots
Importance: Normal
Attachments: ~WRD000.jpg; Yes, we took a look at the comp plan and it is zoned public/semi-public. It is not an overlay but is its own zone designation in our comp plan. In order to use any portion as something other than public it would have to go through a zone change and comp plan amendment.. Regards, Gerald Fisher, P.E. | Public Works Director City of Molalla 117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038 Office: 503.829.6855 | Direct: 503.759.0218 CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you. From: Rick Gill [mailto:rick.gill@molallariv.k12.or.us] Sent: Monday, April 16, 2018 3:17 PM To: Gerald Fisher <gfisher@cityofmolalla.com> Cc: Tony Brooks <tony.brooks@aggeonw.com>; Aldo Rodriguez <ARodriguez@cityofmolalla.com>; Neal Lucht <neal@nwtransplants.com> Subject: Re: Legal Tax Lots Gerald, Is there any news on the underlying zoning for this property? Thank you for your help. Rick On Mon, Apr 16, 2018 at 3:11 PM, Gerald Fisher <gfisher@cityofmolalla.com> wrote: The short answer is the school district can do the PLA, but it will take more work to review and approve the easements. They will then have to do a partition at a later date to break off the piece on Christopher Street. My recommendation is to do a partition plat and address all of the issues in one document but I don’t believe we can require it based on the information you’ve provided. I will leave it up to you and your clients on which way they want to proceed. Thanks for looking into the back story of this property Tony. Regards, Gerald Fisher, P.E. | Public Works Director City of Molalla 117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038 Office: 503.829.6855 | Direct: 503.759.0218 CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you. From: Tony Brooks [mailto:tony.brooks@aggeonw.com] Sent: Monday, April 16, 2018 1:16 PM To: gfisher@cityofmolalla.com; ARodriguez@cityofmolalla.com Cc: rick.gill@molallariv.k12.or.us; neal@nwtransplants.com Subject: FW: Legal Tax Lots Gerald, Please see County Cartographer’s reply to my question. So that portion of Tax Lot 500 south of Frances Street is still part of the overall Tax Lot 500. As I expected the only official way to divide property is per a Partition Plat or Subdivision Plat of which neither has happened for this property. The other things I see is that the school district owns 2 legal Tax Lots being Tax Lot 500 & 600 per original mid 1960’s deeds as previously noted and in documentation below. So, can we do a Property Line Adjustment, or does it have to be a Partition? I know that the Partition would deal with Utility Easements within the Partition process and a PLA would need to address Easements outside of PLA process. The question pertains more to the overall processes and cost difference between the two types of surveys. It also appears the current line between Tax Lot 500 & 600 is across part of the school building. Attached image is not perfect but is close enough to note this issue. A PLA would solve this issue and help create the Aquatic Center parcel in a more cost effective and quicker process. So I need to ask the questions about options. Thanks, Tony Brooks, PLS President Land Surveyor & GIS Tech Ag Geospatial NW, LLC Molalla, OR 503.329.8008 cell & text From: Ferris, Craig <craigfer@co.clackamas.or.us> Sent: Monday, April 16, 2018 12:42 PM To: Tony Brooks <tony.brooks@aggeonw.com> Subject: RE: Legal Tax Lots It sounds like you have the correct answer. A road dedication through the property does not change the deeded description of the property. We may assign a separate tax lot number to one portion or just hook it across the street for assessment purposes, but that does not create a new legal lot of record . Properties can also be divided into any size or shape by deed to separate parcels for tax purposes. The Planning Department of that jurisdiction decides what will be required to create a Legal lot of record for building purposes, considering Zoning, lot size, proximity to other building sites, previous deeds, utilities, etc., as you noted this is normally accomplished by a Partition Plat these days. Craig Ferris Cartographer 3 Clackamas County Assessment & Tax 503-655-8671 Ext. 7650 From: Tony Brooks [mailto:tony.brooks@aggeonw.com] Sent: Friday, April 13, 2018 9:50 AM To: Ferris, Craig <craigfer@co.clackamas.or.us> Subject: RE: Legal Tax Lots Craig, Another question that I think I know the answer, but because someone asked I need to double check. Is that portion of Tax Lot 500 – 5-2E-09 South of Frances Street still part of Tax Lot 500 or is it now an individual property? The question was noted that since attached deeds dedicated Street then they divided the property. I noted I do not believe this is true and a Partition is needed to divide property and a property can own on both sides of a road even after dedication. Course we all agreed weird things have happened before. Tax Map and deeds all note and define one property. Book 633, Page 330 was a contract sale from Affolter to Molalla Union School and Book 665, Page 15 was a Deed sale. SN 28174 by Davis Jr in 1999 and SN 29485 by Pumphrey in 2002 also noted said deeds are still current and ownership crosses the street. Thanks for any insights or comments you can provide to help verify and clear this question up. I have the same question out to County Surveyor to make sure I am not missing or overlooking anything. Thanks, Tony Brooks, PLS President Land Surveyor & GIS Tech Ag Geospatial NW, LLC Molalla, OR 503.329.8008 cell & text From: Ferris, Craig <craigfer@co.clackamas.or.us> Sent: Monday, March 19, 2018 2:34 PM To: Tony Brooks <tony.brooks@aggeonw.com> Subject: RE: Legal Tax Lots This would be a City Planning decision. Craig Ferris Cartographer 3 Clackamas County Assessment & Tax 503-655-8671 Ext. 7650 From: Tony Brooks [mailto:tony.brooks@aggeonw.com] Sent: Monday, March 19, 2018 11:44 AM To: Ferris, Craig <craigfer@co.clackamas.or.us> Subject: RE: Legal Tax Lots Craig, Thanks and I will obtain those documents and review them. So would this be a City of Molalla Planning decision or a Clackamas County Planning since County probably has more history? Thanks, Tony Brooks, PLS President Land Surveyor & GIS Tech Ag Geospatial NW, LLC Molalla, OR 503.329.8008 cell & text From: Ferris, Craig <craigfer@co.clackamas.or.us> Sent: Monday, March 19, 2018 11:37 AM To: Tony Brooks <tony.brooks@aggeonw.com> Subject: RE: Legal Tax Lots I attached a pre-1970 map of the property for your use. You can see here that the school property came out of a larger parcel (ARB 211). Tax lot 500 was divided out in the mid 60’s by deed Book 665-Page 15 from Fred G Affolter & Eva Affolter H & W. Tax lot 600 was purchased a little later on April 1, 1966 by Contract Book 678 Page 871. I can’t answer for Planning concerning how they will view the legality of these parcels but this will provide the pertinent information to make their decision for you. Craig Ferris Cartographer 3 Clackamas County Assessment & Tax 503-655-8671 Ext. 7650 From: Property Tax Information Sent: Monday, March 19, 2018 8:13 AM To: Ferris, Craig <craigfer@co.clackamas.or.us> Subject: Fw: Legal Tax Lots Clackamas County Dept. of Assessment & Taxation Phone: 503.655.8671 Fax: 503.655.8313 propertytaxinfo@co.clackamas.or.us In keeping with the County's sustainability goals, the County Assessor and Tax Collector's office is open Monday thru Thursday, from 7:00 am to 6:00 pm, and is closed on Friday.
From: Tony Brooks <tony.brooks@aggeonw.com>
Sent: Friday, March 16, 2018 12:42 PM
To: Property Tax Information
Subject: Legal Tax Lots
Assessor,
Normally I take this question to County Planning, but the properties are within City of Molalla and in the past, they refer this question back to County. So let’s see if you can help me or point me to who can help?
We are helping Molalla School District and the newly formed Molalla Aquatic District transfer a piece of property over to Aquatic District. Currently the Aquatic pool sits on part of Tax Lot 5-2E-09 00500 that is owned by School.
I also see that School owns Tax Lot 600 too. In Tax Lots overlay on Google Earth photo it appears that current school building is over the line between these two Tax Lots.
So are these both individual Legal Tax Lots of record or are they considered a combined legal property?
I assume the answer will help us determine if we can do a Property Line Adjustment or a Partition is needed for creating the new property around Aquatic Pool development.
Very open to comments and suggestions on this.
Thanks,
Tony Brooks, PLS
President
Land Surveyor & GIS Tech
Ag Geospatial NW, LLC
Molalla, OR
503.329.8008 cell & text
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