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MMD2016-00031 MMD2O16 - 00031 Tea Massage and Foot Spa NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2016-00031 1111 TEA MASSAGE AND FOOT SPA TIGARD 120 DAYS = March 2, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: Tea Massage and Foot Spa CASE NO.: Minor Modification (MMD) MMD2016-00031 PROPOSAL: The applicant is proposing a change of use to a tenant space (Suite A-4) at 15660 SW Pacific Highway. The space, 1,993 square feet in size, is changing from an office to a personal services use,Tea Massage and Foot Spa. APPLICANT: Portland Commercial Construction,LLC Attn: Rob Bomstad 9215 NE 81st Way Vancouver,WA 98662 OWNER: ROIC Oregon,LLC Attn:John Wynton 8905 Town Centre Drive,Suite 108 San Diego,CA 92122 LOCATION: 15660 SW Pacific Highway,Suite A-4 WCTM 2S110DC,Tax Lot 2200 ZONING DESIGNATION: C-G (PD): General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where nonconforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360.060.0 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. MMl)2oi6-oUo31 '1'ca Massage and Foot Spa 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The project is located on the east side of SW Pacific Highway, north of SW Durham Road, and south of SW Royalty Parkway. The subject property is a 1,993-square-foot tenant space (Suite A-4) within an existing shopping center. The 7.94-acre development site was approved as a Planned Development by the City of Tigard Planning Division in 1995 (PDR1995-00002), and is made up of one parcel with multiple commercial buildings, landscaping, and associated parking. The site is zoned General Commercial (C-G). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.060.0 states that a Minor Modification shall be approved, approved with conditions or denied following the Director's review and as follows: 1. The proposed development is in compliance with all applicable requirements of this title; and FINDING: Because the applicant has only proposed a change of use, which primarily affects off- street parking regulations, that is the main focus of this review. The change of use is from an office to a personal services use. The 7.94-acre development is a mixed-use, multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in TDC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this formula: Use Category Square Parking Spaces Percentage Total Parking Footage Required Required Spaces Required Sales-Oriented Retail 70,595 212 100% 212 Personal Services 7,725 20 85'0 17 Eating& Drinking 3,500 32 70% 22 Establishment Fast Food Eating& Drinking Establishment 3 032 22 60% 13 Indoor Entertainment 2,174 10 60% 6 Repair-Oriented Retail 1,600 6 60% 4 Medical/Dental Office 1,083 5 60% 3 TOTAL 277 Staff finds that 277 parking spaces are required for the entire shopping center, taking into consideration the change of use discussed above. Based on the applicant's submitted site plan, staff finds there is adequate parking at the development site,with 388 parking spaces provided. Upon review of the applicant's plans and narrative, staff finds that all other applicable requirements are met.This criterion is met. MMD2016-00031 Tea Massage and Foot Spa 2 2. The modification is not a major modification. FINDING: Staff finds that the changes listed in TI)C 18.360.050.B.1-11 are either satisfied or do not apply.Therefore, the proposed development is not a major modification. This criterion is met. CONCLUSION: The proposal is a Minor Modification of existing site development and is in compliance with the applicable requirements of this Title. 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 Minor Modification 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 NOVEMBER 3, 2016 AND BECOMES EFFECTIVE ON NOVEMBER 4, 2016 Ouestions: If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCS@tigard-or.gov. November 3.2016 APPROVED BY: Lina Smith Assistant Planner . MMD2016-00031 Tea Massage and Foot Spa 3 APPLICANT MATERIALS r REC8VED NOV 02 2011 City of a Tigard CITY OF i IGARD (:O11I\R'Ni'I'Y DI'.1'H OPMJ NT 171EP;\R"1•,11I�.N'1' PLANNING;,k:NCaINEcRii;`a IGARD Minot Modification Type I Application PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL I TTAL ELEMENTS StAyt.49 • Ut: (r ,✓ (< �G �- owner's Signature/Written /lmek e J l :eje� JODc 0 fa _ Authorization � G )b 144055,J bi 1 12OVNtt S i'ft I/d 9 gl Tide Transfer Instrument or Deed 0?e/1 S wod c e IA Sire Plan(2 large plana drawn to scaly LL,, �f and one reduced to 8.5"x11'.:") Property u.ldt •••/ on(s Oc5'V f7 ! ):4 u�ln,� �( Applicant's tiretcnu nil N:Irratlt'C ur css Irrc:ttt 1� J r (2 topics),Address criteria in. —5524�'C.. 4 ."--"f A�'� ��` 'I I ri Inc ;c,r,u,c.fc I I t 'lax map and tax lot #f(s): IA riling Fec7�4;v Site size: •1PPlicanl', K VIelN'44-4)1f Ci C , Case Ni.: i�ng6�1Jf _ �y��.. Address: �� �VF -1 Lt././04(n / Related Case No.(s): Cite/state: 1,�t't(-0l1v 1,0 A, ' dip: �rG,&�.�- cW•p;,�cl• / 7 ' b p (r IA�-e� Application 1 cc: .3Z�e� I'honc , �'S 1'.mail: � �Pr� .CvYI Application accepted. By: 1 Date: 11141147 PROPERTY O\\'NC /DEED H4 DS)• ❑ S:11114•1,.11Tllc am Name: 0Re. of ERE .Application determined c,miplctc Address: 5 754//44414c... rue, ,� 0 B•: /s Date: n � S ,�e � � , _ —1�� ICP City/state: �... ..., Oic oJJJZip: it 2— ,�cuaruAV....—lt. useapD 1I,.., ars u!?a/7ot4 Contact name: \ /�/t'V � ki lb&) Phone number: 5"' — 36 sr- (.5-1716s— • S-1716.5—•When the owner and the applicant anc different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application in the space provided on the back of this form or submit a written anthozizatitin with this application. APPLICANT'S STATEMENT 'the applicant's state-nem must include a summary of the proposed changes. Criteria in cithet i tt ;(,i,c c,,o,it,or I`t ;;it?I'u,li ', must he addressed with a detailed response to each criterion. I allure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. In addition, the I)itee or must find that the proposed change is in compliance with all applicable requirements of'ink IX of the Tigard Development Code.'ii)complete this review, the Applicant's proposal must include a discussion indicating how the site expansion/change will continue t,comply with the maximum setback,building height,parking,and landscaping standards Other requirements of this title such as clear vision,solid waste stotagc, non conforming situations, signs,and tree removal mai' Asti lie applicable depending on the type and h,Cati<nt of the ptcrposid modifications. City of Tigard • 13125 ti\C' I Tall Blvd. • Tigatd,Oregon'i'223 • www.ligaid,or.gov • 503-7lti2.121 • Page I oft • APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRFI)Si113MITTALELEMENTS as described on the front of this application in the"Required Submittal Elements"box. THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that maybe 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 axe 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. SIGNATU S each owner of the subject property required. ( f r ^ \a (¶ v �by'.�iS C-41 Ci ri;-- /f -: ` I� Applicant's signature . Print name Date s c- Print name Date za4 F ncr s si/turc riot name Date ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: Name: Address: Address: City/state: Zip: City/state: Zip: Signature: Signature: • .. ..e._,... .....• �♦ _..w.a .a •... ...• .....w aw...a....:w... ...•.....,�..... .....M•1..-ar .t....w.e.,..l..V...as . :<... r.,.w....... .`.,r .,u..aKJar s.A—n«V'w l.. MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW I fall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 593-718-2421 • Page 2 of 2 Washington County,Oregon 2015-063244 D-DW Stn=11 S PFEIFER 07/28/2015 10:36:53 AM $40.00$11.00$5.00$20.00 $76.00 I,Richard Hobernicht,Director of Assessment and TaXadon and Ex. Officio County Clark for Washington County,Oregon,do hereby Until requested otherwise,send all tax certify that the within Instrument of writing vies received and recorded In the book of records of said county. statements to the following address: Richard Hobernicht,Director of Assessment and Taxation,Ex-Officio ROTC Oregon,LLC 8905 Towne Centre Drive,Suite 108 San Diego,California 92122 Attn: Richard Schoebel After recording return to: ROIC Oregon,LLC 8905 Towne Centre Drive,Suite 108 San Diego,California 92122 Attn: Richard Schoebel STATUTORY SPECIAL WARRANTY DEED VI (Tigard Promenade) n1 TRC MM LLC,a Delaware limited liability company,formerly known as GMS Five,LLC, a Delaware limited liability company ("Grantor"), does hereby convey and specially warrant to ROTC OREGON,LLC,a Delaware limited liability company("Grantee")the real property situated in Washington County, Oregon, legally described on Exhibit A attached hereto and incorporated herein, free of encumbrances created or suffered by Grantor except as set forth on Exhibit B attached hereto and incorporated herein. UThe true and actual consideration paid for this transfer, stated in terms of dollars, is $21,000,000.00. ro The Grantor for itself and its successors-in-interest does by these presents expressly limit b" the covenants of the deed to those herein expressed, and excludes all covenants arising or to arise a by statutory or other implication,and does hereby covenant that Grantor will forever warrant and defend the said described real estate against all persons whomsoever claiming or to claim by, cn 7-- through,or under said Grantor and not otherwise. tp :F= O� BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON 8. TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO ,0 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE 832712.02/SD 178612-00051 Until requested otherwise, send all tax statements to the following address: ROIC Oregon,LLC 8905 Towne Centre Drive, Suite 108 San Diego, California 92122 Attn: Richard Schoebel After recording return to: L-J ROIC Oregon,LLC 8905 Towne Centre Drive, Suite 108 San Diego,California 92122 Attn: Richard Schoebel STATUTORY SPECIAL WARRANTY DEED (Tigard Promenade) sl` r-\i TRC MM LLC,a Delaware limited liability company,formerly known as GMS Five,LLC, a Delaware limited liability company ("Grantor"), does hereby convey and specially warrant to ROIC OREGON,LLC,a Delaware limited liability company("Grantee")the real property situated in Washington County, Oregon, legally described on Exhibit A attached hereto and incorporated herein, free of encumbrances created or suffered by Grantor except as set forth on Exhibit B attached hereto and incorporated herein. The true and actual consideration paid for this transfer, stated in terms of dollars, is 0 $21,000,000.00. ELS The Grantor for itself and its successors-in-interest does by these presents expressly limit the covenants of the deed to those herein expressed,and excludes all covenants arising or to arise 2 by statutory or other implication, and does hereby covenant that Grantor will forever warrant and defend the said described real estate against all persons whomsoever claiming or to claim by, through, or under said Grantor and not otherwise. 1-- 0 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON cij TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, lc, IF ANY, UNDER ORS 195.300, 195301 AND 195.305 TO 195.336 AND SECTIONS 5 TO .O 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE 832712.02/SD 178612-00051 APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8, OREGON LAWS 2010. DATED: (“•-/ Z'S,2 C(5 GRANTOR: TRC MM LLC, a Delaware limited liability company, formerly known as GMS Five, LLC By: Terramar Retail Centers, LLC, a Delaware limited liability company, formerly known as GMS Realty, LLC, its Managing ber By: l Alex Liftis Executive Vice President, Investments and Development [Notary acknowledgment on following page] 832712.02/SD 178612-00051 -2- ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of California ) County of San Diego ) On ,N,� y, , -.v.t�— ,before me, (.A .,.E /1/4/1 il -. 04 .� �..r . {inseit name of notary) Notary Public, pe onally appeared M X (_r am S . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature NI! ---„cJ Y\ (Seal) ** GINA M.SALYER **Gina M. Salyer1 .. Crnn#2OB45732 Commission # 2004573 1" ,.21 Notary Public-California.. > Notary Public- California c' • % San Diego County San Diego County Il Comm,Expires Jan 19,2017 My "Comm Expires Jan 19, 2017 • 832713.02/SD 178612-00052 -3_ EXHIBIT A (Legal Description) PARCEL I: Commencing at the Northwest corner of Parcel 2 of PARTITION PLAT No. 1995-046, recorded as Document No, 95-031558, Washington County, Oregon Records,said point being on the Easterly right-of- way line of S.W. Pacific Highway(99W);thence 122.94 feet(Deed 119.61 feet) along said Easterly right- of-way line on a curve to the right having a radius of 2905.00 feet, a delta angle of 02°25'29" (Deed 02°21'33"),and a chord that bears South 15°3927"West 122.93 feet(Deed South 15°34'33"West 119.61 feet) to a found 5/8 inch iron rod; thence, leaving said Easterly right-of-way South 72°25'24" East 57.93 feet;thence North 89°4923" East 59.01 feet;thence South 00°10'37" East 32.06 feet to the True Point of Beginning;thence South 89'59'51"East 113.43 feet;thence South 00°11'42"West 60.52 feet;thence 37.87 feet along a curve to the left having a radius of 70.00 feet, a delta angle of 30°59'43", and a chord that bears South 15°18'10" East 37.41 feet; thence South 30°48'01" East 7.96 feet(Deed 7.87 feet)to a point on the Northerly right-of-way line of S.W.Royalty Parkway(formerly S.W.109th);thence along the Northerly right-of-way a distance of 76.65 feet (Deed 76.50 feet) on a curve to the right having a radius of 129,00 feet, a delta angle of 34°02'39", and a chord that bears South 72°48'35" West 75.53 feet; thence South 89°49'54"West 60.07 feet;thence 7.26 feet along a curve to the right having a radius of 314.00 feet,a delta angle of 01°19'29", and a chord that bears North 89°30'21"West 7.26 feet; thence, leaving the Northerly right-of-way, North 05°34'43" East 126.47 feet (Deed North 05°33'17" East 126.32 feet)to the True Point of Beginning. • PARCEL Il: Parcel 2, PARTITION PLAT NO. 1997-016, in the City of Tigard, County of Washington and State of Oregon. 832712.02/SD Exhibit A 178612-00051 -1- EXHIBIT B (Permitted Exceptions) 1. Limited access provisions contained in Deed to the State of Oregon, by and through its State Highway Commission,which provides that no right or easement of right of access to,from or across the State Highway other than expressly therein provided for shall attach to the abutting property, Recorded:April 9, 1952 Book: 331 Page: 233 (Affects Parcel II) 2. Limited access provisions contained in Deed to the State of Oregon, by and through its State Highway Commission,which provides that no right or easement of right of access to,from or across the State Highway other than expressly therein provided for shall attach to the abutting property, Recorded:June 27, 1952 Book:334 Page: 165 As revised by Indenture of Access; Recorded:October 10, 1960 Book:436 Page:420 (Affects Parcel II) 3. Declaration of Easements, Covenants and Restrictions -Tigard Promenade, including the terms and provisions thereof; Recorded:August 30, 1995 Recorder's Fee No.: 95-061475 First Amendment to Declaration of Easements, Covenants and Restrictions -Tigard Promenade, including the terms and provisions thereof; Recorded:April 5, 1996 Recorder's Fee No.: 96-029736 Second Amendment to Declaration of Easements, Covenants and Restrictions - Tigard Promenade, including the terms and provisions thereof; Recorded:October 10, 1996 Recorder's Fee No.: 96-091060 Third Amendment to Declaration of Easements, Covenants and Restrictions-Tigard Promenade, including the terms and provisions thereof; Recorded:January 31, 1997 Recorder's Fee No.: 97-009696 Assignment of Declaration, including the terms and provisions thereof; Recorded: February 21, 1997 Recorder's Fee No.: 97-015448 From: Tigard Promenade Partners,a California limited partnership To:Tigard Center L.P., a California limited partnership Fourth Amendment to Declaration of Easements,Covenants and Restrictions-Tigard Promenade, including the terms and provisions thereof; 832712.02/SD Exhibit 13 178612.00051 -1- Recorded:April 4, 1997 Recorder's Fee No.: 97-030025 Assignment of Declaration, including the terms and provisions thereof: Recorded: September 6,2002 Recorder's Fee No.: 2002-103450 From: Tigard Center L.P., a California limited partnership 4. Shopping Center Lease(Short Form), including the terms and provisions thereof. Dated: August 14, 1995 Recorded: December 27, 1995 Recorder's Fee No. 95-094784 Lessor: Tigard Promenade Partners, a California limited partnership Lessee: Safeway Inc., a Delaware corporation (Affects all parcels and other property also) 5. Covenants, conditions, restrictions and easements, but omitting covenants or restrictions, if any, based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, or use of the real property by any home or facility that is licensed by or under the authority of the State of Oregon under ORS Chapter 443, as set forth in applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable law,as contained in Shopping Center Lease(Short Form), Recorded:December 27, 1995 Recorder's Fee No.: 95-094784 (Affects other property also) 6. An Easement created by instrument,including terms and provisions thereof; Dated: March 29, 1996 Recorded:April 15, 1996 Recorder's Fee No.: 96-033291 In Favor Of: City of Tigard, a municipal corporation For: Permanent waterline Affects: Parcel II NOTE: Said Easement is also delineated upon the recorded PARTITION PLAT NO. 1997-016. 7. Unrecorded Lease, including the terms and provisions thereof,and such other exceptions as may appear necessary upon the recording thereof; Dated:August 23, 1995,as amended Lessor:Sterling Development Corporation Lessee: BD Lube,d/b/a Valvoline Instant Oil Change The Lessor's interest in said Lease was acquired by deed: Dated: February 21, 1997 Recorded: February 21, 1997 Recorder's Fee No.: 97-015446 By:Tigard Center, L.P., a California limited partnership The Lessee's interest in said Lease was assigned by Assignment and Assumption Agreement: Dated:June 28, 1996 Recorded:August 27, 1999 Recorder's Fee No.: 99-100263 To: RoVal Properties Limited Partnership,a Kentucky limited partnership Memorandum of Lease, including the terms and provisions thereof; Dated:August 27, 1999 832712.02/SD Exhibit B 178612-00051 -2- Recorded:August 27, 1999 Recorder's Fee No.:99-100264 Lessor:Tigard Center L.P.,a California limited partnership Lessee: RoVal Properties Limited Partnership (Affects Parcel I) Right of first refusal, including the terms and provisions thereof,disclosed in the above referenced lease, in favor of RoVal Properties Limited Partnership. 8. The Lessee's interest in said Lease was assigned by Assignment and Assumption Agreement: Dated: September 30,2008 Recorded:January 5, 2009 Recorder's Fee No.: 2009-000474 To: Funding Corp. I, a Delaware corporation WE FIND THE FOLLOWING MATTERS AFFECTING SAID LEASEHOLD: A. Lease, including the terms and provisions thereof. Dated:June 28, 1996 A memorandum of which was: Recorded:August 27, 1999 Recorder's Fee No.:99-100265 Lessor: RoVal Properties Limited Partnership,a Kentucky limited partnership Lessee: BD Lube,a Washington Partnership The Lessee's interest in said Lease was assigned by Assignment and Assumption Agreement: Dated:September 8, 2004 Recorded: October 8, 2004 Recorder's Fee No.:2004-117156 To: K&R Lube, Inc., an Oregon corporation Assignment and Assumption Agreement,including the terms and provisions thereof: • Dated: September 30, 2008 Recorded:January 5,2009 Recorder's Fee No.:2009-000475 From: RoVal Properties Limited Partnership, a Kentucky limited partnership To: Funding Corp. I,a Delaware corporation B. Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement, including the terms and provisions thereof, given to secure an indebtedness with interest thereon and such future advances as may be provided therein; Dated:July 22,2004 Recorded: October 8,2004 Recorder's Fee No.:2004-117152 Amount: $750,000.00 Grantor: K&R Lube, Inc., an Oregon corporation Trustee:Transnation Title Insurance Company Beneficiary:Ashland Branded Finance, Inc.,a Delaware corporation (Affects Parcel I and other property also) The beneficial interest under said Trust Deed was assigned by Assignment of Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement; Recorded: October 8, 2004 Recorder's Fee No.:2004-117154 832712.02/SD Exhibit 13 178612-00051 -3- To:Citicorp North America, Inc.,as Investor Agent C. Landlord's Consent, including the terms and provisions thereof; Recorded: October 8,2004 Recorder's Fee No.:2004-117155 9. Lease, including the terms and provisions thereof. Dated: October 31, 2000 A memorandum of which was: Recorded:January 19,2001 Recorder's Fee No.: 2001-004634 Lessor:Tigard Center, L.P., a California limited partnership Lessee: Household Finance Corporation II, a Delaware corporation (Affects Parcels I and II) 832712.02/SD Exhibit B 178612-00051 -4- ' RECEIVED TIGA I) PRO E ----- NOV 2016 TIGARD, OREGON LES SCHWAB ( __ 1 (N.A.P) 1 CITY OF TIGARD �—_,...._ 11* r - . --;7>/y j,--------- CITY DE TIGARD WASHINGTON r`.\...,..„7 ; I I � �` Approved by Planning FEDERAL �_._.�._.___.. // t/ i Date: /! 4(N.A.P)- {p Initials: IS - IIIIIlitil 0 - • ( C7 I - �G` C1hIA 0 .. t „,o�dn ` I C6 I �= — STE# TENANT NAME S.F. 1-0, ` _ ._- -._: ._..--_--__ = C5 1 rte- - AlA2 PETCO -- _ �.�.. _ CARL'S JR. 111 I I I 1 I 111 11 I 1 I I , . --- C4 A3 ,2174 '�'> (NAP) C3 Ari AVA�I-AS �b� ! ! ! 1 I ! ! ! ! C B I - A6-7 WU S OPEN KIT 3,500 A8 eW Q f � )iUjEiI N Via., ( 1 I 1 111 I 66 SA EWWAY 5, S�I�, c�5� C1A C1A AVAILABLE 1,337 �+` lLLot o'`-6‘(/ • C1B POSTAL ANN , V I I I 1.111 I C2 CAMBRIDGE CLE S 1,600 w _ 1 I I I I IH I I I I C3 SUPERCUTS 1,600 ekKA R C4 SALLY BEAUTY SUPPLY 1,600 Co nrw-i�,q foo to S YOU 95 C6 SUN'S UPTANNING 1, I'L PCw(A' ;t-I�S ll �� I I ! I I C7 AVAILABLE 2.025 ` 11 11 I I l l SAFEWAY D CARL'S JR. (N 3,032 3�u'''"'l C o .......*._ =- == 1111111111W1 11Il1 ) , i ,nniRl�c�� suto�t�-.„ -,„ TT I H I 1 H III 11111° TOTAL 1�6;ies ..�.4 • 1214 1 111111111111111111 TtiTPa_spAces : 3e8 to IrvAuaiwn N. Rayoki Ptwy, IIIII111IIIIIIIIII J +1,..4 1111111 . 11111 : L_ IIIIiiimil , 111111inlimil / I < ` r.„ a TERRAMAR ,� 5973 AVENIDA ENCINAS, SUITE 300 SUMMARY CARLSBAD, CAUFORNIA 92008 ` r 760-804-8600 �, t i Si1'� PL,AN LAND AREA 362,854 S.F. (8.33 AC) _7J) BUILDING 106,605 S.F. 760-804-8605 FAX 4/ j 1,` ~ PARKING 483 SPACES = , ,o) ,.4 -1 t f.r-r, RECEIVED City of Tigard NOV ?016 Minor modification Type 1 Statement: CITY OF T j AR f , ,j PLANNING/ENGINEERING This statement is for a minor modification for usage of 15660 SW Pacific Hwy A-4 Tigard OR 97224. The .,sage being applied for is will be +or personal service. are 2 ADA accessible restroom• t . w6be adding 1 ADA shower stair washer and dryer hookups and 1 utility sink. We are adding three massage rooms but everything else remains the same. In the modification that is being requested, increase in dwelling unit density or lot coverage for residential development will not be applicable. A change in the ratio or number of different types of dwelling units will not be applicable A change in the type of commercial or industrial structures as defined by the Uniform Building Code will not be applicable. An increase in the height of the building will not be applicable. A change in the type and location of access ways and parking areas will not be applicable An increase in vehicular traffic of more than 100 vehicles will not be applicable. An increase in the floor area will not be applicable. A reduction in the area reserved for common open space will riot be applicable A reduction of project amenities will not be applicable A reduction of project amenities will not be applicable. There will be very minimal change to any parking If you have any questions, please call Kurt at 503-747 9545 or Rob at 503-209-1857 Thank you for your time.. Rob Bomstad ( GM ) Portland Commercial Construction, LLC p n n n n n n n n co > > > > > D v+ v Ol lfl W N W D c 00 T U•1 ? W I." 0) 0) ((0 a a. a. D D .! N -1 n D N z 0 N n -a 7 CC �+ _, n O 3 1" , 'CO CO 2 Q. 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