LLA2019-00009 NOTICE OF TYPE I DECISION
LOT CONSOLIDATION LLA2019-00009 =
COMMUNITY DEVELOPMENT PARTNERS
TIGARD
120 DAYS = February 26, 2020
SECTION I. APPLICATION SUMMARY
FILE NAME: COMMUNITY DEVELOPMENT PARTNERS
CASE NO.: Lot Consolidation (LLA) LLA2019-00009
PROPOSAL: The applicant is proposing to consolidate three (3) lots: 11550 SW 72"d Avenue
(WCTM 1S136DC, Tax Lot 300); 11580 SW 72"d Avenue (WCTM 1S136DC,Tax
Lot 400);and 7175 SW Baylor Street(WCTM 1S136DC,Tax Lot 301).These three
(3) lots will be consolidated to create one (1)lot that is 48,483 square feet in size.
APPLICANT: Scott Edwards Architecture, LLP
Attn: Dave Mojica
2525 E. Burnside Street
Portland, OR 97214
OWNER OF LOTS CDP Developers,LLC
1,2,AND 3: 126 NE Alberta Street,Suite 202
Portland, OR 97211
LOCATIONS: LOT 1: 11550 SW 72nd Avenue;WCTM 1S136DC,Tax Lot 300
LOT 2: 11580 SW 72nd Avenue;WCTM 1S136DC,Tax Lot 400
LOT 3: 7175 SW Baylor Street;WCTM 1S136DC,Tax Lot 301
BASE ZONE: TMU: Triangle Mixed-Use
APPLICABLE
REVIEW
CRITERIA: Community Development Code (CDC) Chapters 18.660.040.C.5 and 18.810.030
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 N.
LL A2019-00009 Community Development Partners 1
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS MUST BE SATISFIED:
Unless noted otherwise, the staff contact is Lina Smith, Assistant Planner; (503) 718-2438 or
LinaCS(i xigard-or.g_ov.
1. Prior to issuance of building permits, the applicant must record the lot consolidation with
Washington County.
2. Within 15 days of recording the lot consolidation with Washington County, the applicant must
submit copies of the recorded survey map and updated deeds to the project planner.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject lots are all rectilinear in shape and located side-by-side along SW 72"d Avenue at the northeast
corner of SW 72"d Avenue and SW Baylor Street. They are zoned Triangle Mixed-Use (TMU) and are
located in the Tigard Triangle Plan District. Each lot contains a single detached house.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.660 Tigard Triangle Plan District
18.660.040 Review Process
C. Land use review. Whether required by this title or initiated by the applicant, land use review
precedes development review.Land use review is the process whereby the applicant submits
any required or applicant-initiated land use applications to the city for review against all
applicable approval criteria and standards. The provisions of Chapter 18.770, Planned
Developments,do not apply to properties in the TMU zone.
5. Lot line adjustment, lot consolidation, minor land partition, or subdivision
application. The provisions in Chapter 18.810, Lot Line Adjustments and
Consolidations, Chapter 18.820, Land Partitions, and Chapter 18.830, Subdivisions,
apply except as modified below.
a. Lot size and shape must be appropriate for the proposed development or,if no
development is proposed, for an allowed use. There is no minimum lot area,
width, or depth standard in the TMU zone.
FINDING:The applicant proposes to consolidate three (3)lots into one (1)lot that will be 48,483 square
feet in size. Currently, each existing lot contains a single detached house and is rectilinear in shape. The
resulting lot after consolidation is roughly rectilinear in shape,with straight front and side lot lines and a
rear lot line with two ninety-degree bends. The applicant is not proposing any new development on the
consolidated lot at this time. Staff reviewed the applicant's site plan and determined that the size and
shape of the consolidated lot is appropriate for the existing single detached houses.This standard is met.
b. Lots must have frontage on, or approved access to, a public street.
FINDING: The consolidated lot will have 249.42 feet of frontage on SW 72"d Avenue, and 152.67 feet
of frontage on SW Baylor Street. This standard is met.
c. Driveways must comply with the standards in Subsection 18.660.070.G.
FINDING: The subject lots currently contain single detached houses with existing driveways. The site
design standards for driveways (CDC 18.660.070.G) do not apply to this lot consolidation application
LLA2019-00009 Community Development Partners 2
because the applicant is not proposing to modify the existing driveways. CDC 18.660.050.D allows
properties with existing site improvements that do not meet standards to continue to exist. Additionally,
the applicant is not proposing any new development on the consolidated lot at this time. All future
development must comply with the driveway standards in CDC 18.660.070.G.
d. Screening is not required between lots.
FINDING: The applicant is not proposing any screening with this lot consolidation application. This
standard does not apply.
18.810 Lot Line Adjustments and Lot Consolidations
18.810.030 Approval Criteria.
A. Approval criteria. The approval authority will approve or approve with conditions an
application for a lot line adjustment or lot consolidation when all of the following are met:
1. An additional lot is not created by the lot line adjustment or lot consolidation,and the
existing lot or lots are not reduced below the minimum lot size.
FINDING: An additional lot will not be created as a result of this application. The applicant proposes
to consolidate three (3) lots into one (1) lot that will be 48,483 square feet in size. Additionally, there is
no minimum lot size standard in the TMU Zone. This criterion is met.
2. The proposed lots and existing structures comply with all applicable development
standards.
FINDING: As demonstrated through the findings in this decision, the proposed consolidated lot
complies with all applicable development standards. The subject site contains three (3) existing single
detached houses,which do not comply with all the site and building design standards for the TMU Zone
(CDC 18.660.070 and 18.660.080). However, these houses are considered pre-existing development and
may continue subject to the provisions in CDC 18.660.050. The applicant is not proposing any
modifications to the existing houses or any new development on the consolidated lot at this time. All
future development must comply with the site and building design standards in CDC 18.660.070 and
18.660.080. This criterion is met.
3. The proposed lots comply with the following:
a. All lots for housing meet the density requirements for the housing type
proposed.
FINDING: There are no minimum or maximum density standards in the TMU Zone. This criterion
does not apply.
b. The minimum lot width is met. The minimum lot width for residential and
nonresidential development is provided in the applicable development
standards chapter in 18.200 Residential Development Standards or 18.300
Nonresidential Development Standards.In the case of a flag lot,the minimum
lot width and depth is 40 feet and is measured as provided in Section 18.40.080.
FINDING: There is no minimum lot width standard in the TMU Zone. This criterion does not apply.
c. The minimum lot size is met. The minimum lot size for residential and
nonresidential development is provided in the applicable development
standards chapter in 18.200 Residential Development Standards or 18.300
LL A2019-00009 Community Development Partners 3
Nonresidential Development Standards. In the case of a flag lot, the access is
not included in the lot area calculation as described in Section 18.40.080.
FINDING: There is no minimum lot size standard in the TMU Zone.This criterion does not apply.
d. The depth of all lots does not exceed 2.5 times the average width, with the
following exceptions:
i. The lot is less than 1.5 times the minimum lot size, or
ii. The lot is for a proposed cottage cluster or courtyard unit development.
FINDING: There is no required lot shape standard in the TMU Zone beyond CDC 18.660.040.C.5.a,
which has already been addressed. This criterion does not apply.
e. Each lot is rectilinear in shape with straight side lot lines at right angles to
front lot lines,and straight rear lot lines parallel to front lot lines,except where
not practicable due to location along a street radius or because of an existing
natural feature or lot shape. Side and rear lot lines that are segmented may not
contain cumulative lateral changes in direction that exceed 10 percent of the
distance between opposing lot corners, as measured using the process of
Subsection 18.40.060.C.
FINDING: There is no required lot shape standard in the TMU Zone beyond CDC 18.660.040.C.5.a,
which has already been addressed. This criterion does not apply.
f. Each lot has a minimum of 40 feet of frontage on a public or private right-of-
way, except for the following types of lots:
i. Flag lots and rowhouse lots have a minimum of 15 feet of frontage on a
public or private right-of-way;
ii. Lots with curved frontages along cul de sacs or eyebrows have a
minimum of 20 feet of frontage on a public or private right-of-way as
measured along the arc of the front lot line; and
iii. Lots at the terminus of a private street have a minimum of 20 feet of
frontage on a private right-of-way.
FINDING: There is no minimum frontage standard in the TMU Zone beyond CDC 18.660.040.C.5.b,
which has already been addressed.This criterion does not apply.
g. All setback requirements are met. The setback requirements for residential
and nonresidential development are provided in the applicable development
standards chapter in 18.200 Residential Development Standards or 18.300
Nonresidential Development Standards.
FINDING:The subject site contains three (3) existing single detached houses,which do not comply with
the maximum building setback for the TMU Zone (CDC 18.660.070.13). However, these houses are
considered pre-existing development and may continue subject to the provisions in CDC 18.660.050.
The applicant is not proposing any modifications to the existing houses or any new development on the
consolidated lot at this time.All future development must comply with the site design standards in CDC
18.660.070. This criterion is met.
h. Lots using the density and dimensional standards for cottage cluster,
courtyard unit, quad, and rowhouse development must record a deed
LLA2019-00009 Community Development Partners 4
restriction that prohibits any type of development other than the type proposed
with the lot line adjustment or consolidation application.This deed restriction
cannot be removed except through another land division or lot line adjustment
process.
FINDING: The applicant is not proposing cottage cluster, courtyard unit, quad, or rowhouse
development on the consolidated lot. This criterion does not apply.
4. With regard to flag lots:
a. The applicant may determine the location of the front lot line, provided that
no side setback is less than 10 feet. Structures must generally be located so as
to maximize separation from existing structures.
b. A sight-obscuring fence must be provided along the property line of a lot where
the paved access is located within 10 feet of an abutting lot.
FINDING: The applicant is not proposing to create a flag lot through this lot consolidation. These
criteria do not apply.
5. Where a common drive is to be provided to serve more than one lot, a reciprocal
easement that will ensure access and maintenance rights must be recorded with the
approved lot line adjustment or lot consolidation.
FINDING: The applicant is not proposing a common drive to be provided to serve more than one lot.
This criterion does not apply.
6. Any access must comply with Chapter 18.920,Access, Egress, and Circulation.
FINDING:The applicant is not proposing to modify any existing accessways or create a new accessway.
This criterion does not apply.
CONCLUSION: Based on the analysis above,staff finds the approval criteria for a lot consolidation
are either met, satisfied through conditions of approval, or do not apply. The
proposal is in compliance with the requirements of this Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice was mailed to:
X The applicant and owners
Final Decision:
A Lot Consolidation is a Type I procedure. As such, this decision is final for purposes of appeal on the
date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not
appealable locally and is the final decision of the City.
THIS DECISION IS FINAL ON OCTOBER 31, 2019,
AND BECOMES EFFECTIVE ON NOVEMBER 1, 2019.
L.LA2019-00009 Community Development Partners 5
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS(a,tigard-or.Vov.
—�— October 31. 2019
APPROVED BY: Lina Smith,Assistant Planner
Community Development Director's Designee
LLA2019-00009 Community Development Partners 6
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" 160"" RECORD OF SURVEY
20.00 I � "9' SURVEYORS OFFICE
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ro = ,nos/s>erc� 2007-123049 AND 2006-040191 WASHINGTON COUNTY DEED RECORDS.
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SURVEY NUMBER 27477, WASHINGTON COUNTY SURVEY RECORDS. THIS RIGHT OF WAY
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i I DRAWN BY: RL/BM I JOB NO. C190T5
Lawyers Title
IrAks LawyersTitle Commercial Branch
1455 SW Broadway Suite 1400
Portland,OR 97201
P:503-553-5664�F:877-638-9521
November 21, 2019
CDP Developers LLC
126 NE Alberta St., Suite 202
Portland,OR 97211
Escrow No.: 321900437ACC
Please see attached original recorded Bargain and Sale Deed that consolidates tax lots at
SW Baylor St. and SW 72nd Avenue in Tigard.
It was our pleasure to be of service to you on this opportunity. Please feel free to contact
us if we can be of any assistance on this or any future transaction.
Sincerely,
Lawyers Title
Peggy Neikirk, AVP, CSEO, LPO
Senior Commercial Escrow Officer
Washington County,Oregon 2019-084263 D-D
Stn
4 A STROM
Stn= 11/21/2019 01:33:49 PM
S15.00 511.00$5.00 560.00 $91.00
I,Richard Hobermcht,Director of Assessment and Taxation and Ex.
Officio County Clerk for Washington County,Oregon,do hereby
certify that the within Instrument of writing was received and
recorded In the book of records of said county.
After Recording Return To: Richard Hobernicht,Director of
CDP Developers LLC Assessment and Taxation,Ex-Officio
126 NE Alberta St,Suite 202
Portland, OR 97211
Mail Tax Statement To: THIS PAGE ISAPART OF
Same As Above THE OFFICIAL DOCUMENT
PLEASE DO NOT REMOVE
BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PRESENTS CDP Developers, LLC,a California limited
liability company for the consideration hereinafter called grantor stated,does hereby grant,
bargain,sell and convey onto CDP Developers, LLC,a California limited liability company,
hereinafter called grantee,and unto grantee's heirs,successors and assigns all of that certain real
property with the tenements,hereditaments and appurtenances thereunto belonging or
appertaining,situated in the City of Tigard, Washington County and State of Oregon,described
as follows,to-wit:
SEE EXHIBIT"A"ATTACHED HERETO.
THE PURPOSE OF THIS DEED IS TO COMPLETE A TAX LOT CONSOLIDATION
IN THE CITY OF TIGARD,CASE FILE##LLA 2019-00009.
To Have and to Hold the same unto the said grantee and grantee's heirs,successors and
assigns forever.
The true and actual consideration paid for this transfer,stated in terms of dollars is S-0—.
However the actual consideration consists of or includes other property or value given or
promised which is the whole consideration.
In construing this deed and where the context so requires,the singular includes the plural and
all grammatical changes shall be implied to make the provisions hereof apply equally to
corporations and to individuals.
u
After Recording Return To:
CDP Developers LLC
126 NE Alberta St,Suite 202
Portland, OR 97211
Mail Tax Statement To:
Same As Above
BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PRESENTS CDP Developers, LLC, a California limited
liability company for the consideration hereinafter called grantor stated,does hereby grant,
bargain, sell and convey unto CDP Developers,LLC,a California limited liability company,
hereinafter called grantee,and unto grantee's heirs,successors and assigns all of that certain real
property with the tenements,hereditaments and appurtenances thereunto belonging or
appertaining, situated in the City of Tigard,Washington County and State of Oregon,described
as follows,to-wit:
SEE EXHIBIT"A"ATTACHED HERETO.
THE PURPOSE OF THIS DEED IS TO COMPLETE A TAX LOT CONSOLIDATION
IN THE CITY OF TIGARD,CASEFILE#LLA 2019410009.
To Have and to Hold the same unto the said grantee and grantee's heirs, successors and
assigns forever.
The true and actual consideration paid for this transfer,stated in terms of dollars is$_0_.
However the actual consideration consists of or includes other property or value given or
promised which is the whole consideration.
In construing this deed and where the context so requires,the singular includes the plural and
all grammatical changes shall be implied to make the provisions hereof apply equally to
corporations and to individuals.
In Witness Whereof,the grantor has executed this instrument this Zo day of
NOV 4w ,2019; if a corporate grantor,it has caused its name to be signed and its seal affixed
by an officer or other person duly authorized to do so by order of its board of directors.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
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 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 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.
CDP Developers, LLC
By:
//�--
Eri6 Paine, Manager
STATE OF Ov-ec t� )ss.
County of M xj-t-4--r% rY►
The foregoing instrument was acknowledged before me on this 2D day of
kjMXA -,r ,2019,by Eric Paine, Manager,CDP Developers, LLC,a California limited
liabilit company,on behalf of the limited liability company.
-4: A--- -
NoVary for �+eAltund, Com.
My commission expires: k&5L4-� 29, 2-O 2-2- O� ANNAN LH
SEN
NOTARY PU6UC.p ia
o"
Wman.
Reppeto 8y Associates, Inc.
Land Surveyors
12730 SE Stark St. Phone: 503-408-1507
Portland, OR 97233 www.reppetosurveying.com
COMMUNITY DEVELOPMENT PARTNERS
SW BAYLOR ST. & SW 72ND AVE., TIGARD
LOT CONSOLIDATION
LEGAL DESCRIPTION
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP
1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON
COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "REPPETO &
ASSOC, INC. MARKING THE NORTHWEST CORNER OF LOT 16, FRUITLAND ACRES,
WASHINGTON COUNTY PLAT RECORDS; THENCE, ALONG THE NORTH LINE OF SAID LOT
16, SOUTH 88°41'16" EAST A DISTANCE OF 291.70 FEET TO A 5/8" IRON ROD MARKING
THE NORTHEAST CORNER OF THE WEST ONE-HALF OF SAID LOT 16; THENCE, ALONG
THE EAST LINE OF SAID WEST ONE-HALF, SOUTH 01-2834" WEST A DISTANCE OF 75.07
FEET TO A 5/8" IRON ROD MARKING THE SOUTHEAST CORNER OF THAT TRACT OF LAND
CONVEYED BY DEED TO THE ALCORN FAMILY TRUST AS DESCRIBED IN DOCUMENT NO.
2007-123049, WASHINGTON COUNTY DEED RECORDS; THENCE, ALONG THE SOUTH LINE
OF SAID ALCORN TRACT, NORTH 88°42'13" WEST A DISTANCE OF 139.95 FEET TO A 1/2"
IRON PIPE MARKING THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED BY
DEED TO THE ALCORN FAMILY TRUST AS DESCRIBED IN DOCUMENT NO. 2008-040191,
WASHINGTON COUNTY DEED RECORDS; THENCE ALONG THE EAST LINE OF SAID
ALCORN TRACT AND THE EAST LINE OF THAT TRACT OF LAND CONVEYED BY DEED TO
MELISSA S. BUEHLER AS DESCRIBED IN DOCUMENT NO. 94007079, WASHINGTON
COUNTY DEED RECORDS, SOUTH 01°31'56" WEST A DISTANCE OF 174.33 FEET TO A 5/8"
IRON ROD MARKING A POINT ON THE NORTH RIGHT OF WAY LINE OF SW BAYLOR
STREET; THENCE, ALONG SAID NORTH RIGHT OF WAY LINE, NORTH 88040'38" WEST A
DISTANCE OF 152.69 FEET TO A 5/8" IRON ROD WITH AN ALUMINUM CAP STAMPED
"REPPETO & ASSOC, INC. MARKING A POINT ON THE EAST RIGHT OF WAY LINE OF SW
72ND AVE.; THENCE, ALONG SAID EAST RIGHT OF WAY LINE, NORTH 01043'56" EAST A
DISTANCE OF 249.42 FEET TO THE POINT OF BEGINNING.
CONTAINS 48,484 SQUARE FEET OR 1.11 ACRES, MORE OR LESS.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 17, 1986
STEVEN P. BUCKLES
2231
RENEWS: 12/31/19
C19015 CON Mdoex
APPLICANT
M.-,.,.,. AT RIALS
RECEIVED
City of Tigard
OCT 17 2019 D Cue#.--LLA2Ai-0000q
I n COMMUNITY DEVELOPMENTpbkWk RING
Master Land Use Application
LAND USE APPLICATION TYPE
❑ Accessory Dwelling Unit(ADq O Modification: O Type I O Type II
❑ Adjustment ❑ Planned Development:
❑ Annexation O Consolidated Plan
❑ Comprehensive Plan Map Amendment O Concept Plan
❑ Conditional Use O Detailed Plan
❑ Downtown Development Review: O Sensitive Lands Review:
O Type I O Type II O Type I O Type Il O Type III
O Adjustment O Site Development Review: O Type I O Type II
O Home Occupation—Type II O Subdivision
❑ Land Partition ❑ Temporary Use Permit
XLot Line Adjustment/Lot Consolidation O Urban Forestry Plan:
O Marijuana Facility Permit O Modification O Discretionary Review
❑ Miscellaneous: ❑ Zoning Map Amendment
O Type II O Type III
PROJECT INFORMATION
Project name: Affordable Housing at 72nd &Bavlor
Brief description of project: Proposal is for lot consolidation of the following three lots into one lot.
Lots 1S136DC00301, 1S136DC00400, 1S136DC00300
SITE INFORMATION
Location (address if available): SW 72nd Ave&SW Baylor St
Tax map and tax lot number(s): 1 S136DC00301- 1 S136DC00400 1 S1MDC0 "
Site size:> Zone: TMU
APPLICANT INFORMATION
Name: Dave Moir
Mailing address: 2525 E Burnside St City/State: Portland. OR Zip: 2U14
Phone: 23-896-5378 Email: dmoji a seallo.com
Applicant's representative: GaryPag ns h _r
Phone: 503-718-2434 Email: aam(dtiaard-or.00v
City of Tigard • 13125 SW Hall Blvd. Tigard,Oregon 97223 www.tigard-or.gov 503-718-2421 Page 1 of 2
PROPERTY OWNER INFORMATION 0 Same as applicant
(Attach list for additional owners)
Name: France Manalaysav Fitzpatrick-Community Development Partners
Mailing address: 126 NE Alberta St. Suite 202 City/State: Portland. OR Zip: 97211
Phone: .503-756-0505 Email: francer&communitvdeypartners.com
SUBMITTAL REQUIREMENTS
In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of
Tigard's Community Development Code. If you are unsure what is required with your application,please contact
the planner on duty at 503-718-2421 or tigardplanneronduty(a%tigard-or.g_o_v.
I certify that I am the property owner or I am eligible to initiate this application, as provided in the Tigard
Community Development Code. To the best of my knowledge, all the information provided within this application
package is complete and accurate.
Dave Mojica 10.02.2019
P*Ihicante's ignature* Print name Date
Jessica Woodruff 10/2/2019
Property owner's signature* Print name Date
Property owner's signature* Print name Date
*The owner must sign this application or submit a separate written authorization when the owner and applicant are
different people.
STAFF USE ONLY
Case Nom: LAI)T R-0600q Ate. n feL-- Un Received by: 't�- Dam (0-il-N
Related Com$): ---k"-by: � Da= to //
City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 Page 2 of 2
r Washington County,Oregon 2019-047502
D-M 07/23/2019 10:09:11 AM
Stn=11 C WHITE
$100.00$11.00$5.00$60.00 $176.00
1,Richard Hobernicht,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
recorded in the book of records of said county.
Richard Hobernicht, Director of
Assessment and Taxation, Ex-Officio
AFTER RECORDING RETURN TO:
Community Housing Fund,
an Oregon nonprofit corporation
3700 SW Murray Blvd., Suite 190
Beaverton,Oregon 97005
Attn: Mandie Ludlam
Loan No.:544
DEED OF TRUST
(Oregon—Line of Credit Instrument)
r LINE OF CREDIT INSTRUMENT. (a) This Deed of Trust is a LINE OF CREDIT
INSTRUMENT. (b) The maximum principal amount to be advanced pursuant to the Note is TWO
v HUNDRED SEVENTY NINE THOUSAND EIGHT HUNDRED NINETY FOUR and 00/100
Dollars ($279,894). (c) The maturity date of the credit agreement secured by this line of credit
instrument is no later than July 23, 2020. (d) The maximum principal amount to be advanced
pursuant to the credit agreement secured by this line of credit instrument may be exceeded by
oadvances necessary to complete any construction pursuant to ORS 86.155(2)(c).
THIS DEED OF TRUST dated July 23, 2019, is made by and among CDP Developers,
LLC(collectively,if more than one individual or entity,the"Grantor"),whose address is 126 NE
Alberta St, Suite 202, Portland, OR 97211; Lawyers Title Insurance Company (the "Trustee"),
whose address is 1455 SW Broadway, Suite 1400, Portland,OR 97201; and Community Housing
E Fund(the"Beneficiary"),whose address is 3700 SW Murray Blvd.,Suite 190,Beaverton,Oregon
E= 97005.
3 `
Granting Clause. For good and valuable consideration, including the indebtedness
described below and the trust created hereby,Grantor hereby irrevocably grants,transfers,conveys
and assigns to Trustee,in trust,with power of sale, for the benefit and security of Beneficiary,all
of Grantor's estate,right,title,and interest in and to that certain real property located in Washington
County, State of Oregon, more particularly described on EXHIBIT A attached hereto and
incorporated herein by this reference(the"Property");together with:
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CHF-G1\00335610.000 5/25/2017
1.1 After-Acauired Title. Any after-acquired title of Grantor in and to the
Property and in and to land lying in streets and roads adjoining the Property;
1.2 Easements. Etc. All access rights, easements, tenements, privileges,
rights,hereditaments,and appurtenances now or hereafter belonging or in any way appertaining to
the Property;
1.3 Rents. The rents, issues, profits, royalties, income, and other benefits
derived from the Property;
1.4 Improvements. All buildings, improvements, structures, fixtures, and
articles of property now or hereafter erected on, attached to, located on,or used or intended to be
used in connection with the Property;
1.5 Licenses/Water Riehts. All water,water rights and ditch rights(including
stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating
to the real property, including without limitation all minerals, oil, gas, timber, geothermal and
similar matters, and all requisite approvals, licenses, permits, variances, cooperative agreements,
tax credits (if applicable), tax abatement benefits (if applicable), recording engineering and
entitlement maps, and land-use entitlements;and
1.6 Additional Property and Riehts. All other property or rights of any kind
or nature further set forth herein;
all of which shall be deemed to be and remain a part of the Property and not severable wholly or in
any part without material injury to the freehold and shall be included in any references to the
Property hereunder.
2. Security Agreement. This Deed of Trust shall also constitute a "Security
Agreement"under the Uniform Commercial Code as adopted by the State of Oregon(the"UCC")
between Grantor as debtor and Beneficiary as secured party. As additional security for the
performance of the obligations secured hereby, Grantor further grants and conveys to Beneficiary
a security interest and a continuing lien on the following-described property and all proceeds of
such property(collectively,the"Collateral"),all of which Collateral shall be deemed a part of and
shall be included in any reference to the Property hereunder:
2.1 Pronertv in Section 1. Any of the Property described in Section 1 above
that is deemed to be personal property;
2.2 Permits.Plans.and Contracts. All of Grantor's right,title,and interest in
all permits, approvals, commitments, designs, plans, specifications, architectural and engineering
contracts, construction contracts, surveys, appraisals, listing agreements, warranties, and any and
all other work product or general intangibles relating to the Property or any part thereof and now
or hereafter owned by Grantor, including, without limitation,the Permits, Contracts, and Plans as
defined in Section 6 below and any and all rights or claims that relate to the construction of
improvements on or to the Property that Grantor may have against any person or entity supplying,
or who has supplied, labor, materials, or services in connection with the construction of
improvements on the Property;
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CHF-Gt100335610.000 5/25/2017
2.3 Riehts Under Covenants. All of Grantor's rights under any declarations
of covenants,conditions,and restrictions recorded for the Property,including all of Grantor's rights
and powers to elect or select officers and directors for any Homeowners' Association established
for the Property;
2.4 Insurance: Eminent Domain. All of Grantor's rights under any and all
contracts and policies of insurance with respect to the Property and to any and all awards made in
connection with any eminent domain or condemnation proceedings,or purchases in lieu thereof,of
the whole or any part of the Property;
2.5 Riehts of Sale. All of Grantor's right, title, and interest in any contracts
or agreements of sale with respect to the Property, all purchase money indebtedness to Grantor
related to any sale, and any cash proceeds of such sale;
2.6 Accounts with Beneficiary. All accounts maintained by Grantor with
Beneficiary or any subsidiary or affiliate of Beneficiary;
2.7 Improvement. Fixtures. etc. All improvements, fixtures, equipment,
furnishings, appliances,machinery, apparatus,goods,construction materials, and other articles of
personal property owned by Grantor and now or hereafter affixed to, placed upon, or used in
connection with the Property, including, but not limited to, any structures constructed on the
Property, all pipes for water and sewer lines, cables, electrical wires for power systems, and
construction materials,and any and all replacements and improvements thereof,
2.8 Other Property. Any and all other property or rights of any kind or nature
further identified herein or in any UCC financing statement filed in connection herewith;and
2.9 Proceeds. Any and all interest and estate that Grantor or Grantor's assigns
may hereafter acquire in any of the above Property and all the rents,issues,proceeds,products,and
profits of such Property.
Grantor authorizes Beneficiary to file one or more financing statements and such other documents
as Beneficiary may from time to time require to perfect and continue the perfection of Beneficiary's
security interest in any part of the Collateral. Grantor shall pay all fees and costs that Beneficiary
may incur in filing such documents in public offices and in obtaining such record searches as
Beneficiary may reasonably require. Grantor shall cooperate with Beneficiary in obtaining control
of any portion of the Property that consists of Deposit Accounts, Investment Property, Letter-of-
Credit rights, and Electronic Chattel Paper,as such terms are defined in the Uniform Commercial
Code as enacted in the state in which the Property is located.
3. Fixture Filing. It is intended that the recording of this Deed of Trust shall be
effective as a "fixture filing" under the UCC with respect to any and all fixtures included within
the Collateral and all goods or personal property that are now or may hereafter become affixed to
the Property, and the Deed of Trust is to be filed and indexed in the real estate records not only as
a deed of trust,but also a fixture filing.
4. Obligations Secured. This Deed of Trust is given for the purpose of and does
secure the following obligations:
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CHF-GI\00335610.000 5/25/2017
4.1 Promissory Note. Payment of all obligations at any time owing under that
certain Promissory Note payable by Grantor, as maker, to the order of Beneficiary or order,
executed concurrently herewith(the"Note"),evidencing a loan from Beneficiary to Grantor in the
maximum outstanding principal amount of TWO HUNDRED SEVENTY NINE THOUSAND
EIGHT HUNDRED NINETY FOUR Dollars ($279,894) (the "Loan"), together with interest
thereon at a variable rate and any modifications,extensions or renewals thereof,whether or not any
such modification, extension or renewal is evidenced by a new or additional promissory note or
notes. The maturity date of the Note (if not sooner required to be paid) is on or before July 23,
2020;
4.2 Additional Obligations. Payment of any further sums advanced or loaned
by Beneficiary to Grantor or any of Grantor's successors or assigns,or otherwise owed by Grantor
to Beneficiary,together with interest thereon,if such sums,including costs and expenses incurred
by Beneficiary, are owing pursuant to this Deed of Trust or any of the other documents executed
by Grantor securing or otherwise relating to the Note or the loan evidenced thereby, whether
executed prior to,contemporaneously with,or subsequent to this Deed of Trust(this Deed of Trust,
the Note,and all other documents governing,securing,or otherwise relating to the Note or the loan
evidenced thereby, with the exception of any environmental indemnity or other indemnity
agreement that by its terms is not secured hereby (the "Indemnity Agreement'), are hereafter
referred to collectively as the "Loan Documents"), together with interest thereon at the rate set
forth in the relevant document; and
4.3 Obligations Under Loan Documents,. Performance of each agreement,
term, and condition set forth or incorporated by reference in the Loan Documents and any
modifications,extensions or renewals thereof,whether or not any such modification,extension or
renewal is evidenced by a new document or documents.
Grantor further covenants and agrees as follows:
5. Assignment of Rents. Grantor hereby assigns and transfers to Beneficiary all its
rights and profits from the Property and the right, title, and interest of Grantor in and under all
leases now or hereafter affecting the Property. This assignment is absolute,unconditional,and not
in the nature of a security interest, it being the intention of Grantor to establish a complete and
present transfer of all interests assigned hereunder with the right, but without the obligation, to
collect all rents and profits of the Property. So long as Grantor is not in default hereunder,Grantor
may collect assigned rents and profits as the same fall due;but,upon the occurrence of any Event
of Default hereunder, all rights of Grantor to collect or receive rents and profits shall terminate.
Further, all rents and profits of Grantor receivable from or in respect to the Property that Grantor
shall be permitted to collect hereunder shall be received by it in trust to pay the usual and reasonable
operating expenses of, and taxes upon, the Property and the sums owing Beneficiary on the
obligations secured hereby. In the event of any default hereunder and the exercise by Beneficiary
of its rights herein granted, Grantor agrees that payment made by tenants or occupants to
Beneficiary shall be considered as though made to Grantor and in discharge of the tenants'
obligations to Grantor. Nothing herein contained shall be construed as obligating Beneficiary to
perform any of Grantor's covenants under any lease or rental arrangement.
6. Assignment of Permits,Contracts,and Plans. In addition to and without in any
way derogating from the security interest granted Beneficiary in the Collateral, Grantor hereby
DEED OF TRUST-3
CHF-G1\00335610.000 5/25/2017
assigns, grants, transfers, and sets over unto Beneficiary, Grantor's right, title, and interest in, to,
and under any and all permits, approvals, commitments, designs, plans, specifications,
construction, architectural and engineering contracts, subcontracts, appraisals, listing agreements,
and any and all other contracts for work product relating to development or construction on the
Property or any part thereof, together with all amendments,modifications,supplements,revisions,
and addenda thereto heretofore or hereafter prepared or executed (collectively, the "Permits,
Contracts,and Plans").
6.1 Securitv for Loan. This assignment is made as additional security for the
payment and performance of all of the obligations of Grantor set forth in Section 4 above.
6.2 Liabilities. Beneficiary does not assume any obligations or duties of
Grantor under the Permits, Contracts, and Plans unless and until Beneficiary shall have given
Grantor written notice that it is exercising its right to complete or cause the completion of
construction on the Property in accordance with the terms of the Loan Documents. If Beneficiary
does not directly undertake to complete development or construction of the Property, Beneficiary
may assign such Permits, Contracts, and Plans to, and such obligations and duties of Grantor in
connection with the Permits, Contracts, and Plans shall be assumed by, the person or entity
designated by the Beneficiary for the purpose of completing such development or construction,and
Beneficiary shall have no liability whatsoever for the performance of any such obligations and
duties.
6.3 Representations and Warranties of Grantor. Grantor represents and
warrants to Beneficiary that:
6.3.1 No Prior Assignments. There have been no prior assignments of
its rights,title,and interest in,to,and under the Permits,Contracts,and Plans;
6.3.2 Authority. Grantor has full power and authority to assign its
rights, title, and interest in,to,and under the Permits,Contracts, and Plans to Beneficiary and no
consents or approvals of any other person or entities are necessary in order for Grantor to validly
execute,deliver,and perform this assignment; and
6.3.3 No Defaults or Modifications. All covenants, conditions, and
agreements set forth in the Permits,Contracts,and Plans have been performed as required as of the
date hereof and neither Grantor nor any other party is in default thereunder. Grantor shall not
amend or modify any of the terms and conditions of the Permits,Contracts, and Plans without the
prior written approval of Beneficiary, nor shall Grantor assign, transfer, mortgage, or otherwise
convey or encumber any of its rights, title, or interest in, to, or under the Permits, Contracts, and
Plans so long as any of Grantor's obligations under the Loan Documents remain unfulfilled.
6.4 Attomev-in-Fact. Grantor hereby irrevocably constitutes and appoints
Beneficiary as its attorney-in-fact, upon the occurrence of any defaults hereunder or under any of
the other Loan Documents,to demand, receive, and enforce any and all of Grantor's rights under
and with respect to the Permits,Contracts,and Plans,and to perform any and all acts with respect
to the Permits, Contracts, and Plans that Beneficiary deems necessary or desirable with the same
force and effect as if performed by Grantor in the absence of this assignment.
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CHF-G1\00335610.000 5/25/2017
6.5 Assignment for Securitv. This assignment is for security purposes only.
Beneficiary shall have no right pursuant to this assignment to enforce Grantor's rights with respect
to the Permits,Contracts,and Plans until Grantor shall be in default under any of its obligations to
Beneficiary pursuant to this Deed of Trust or any of the other Loan Documents. On the occurrence
of any such default, Beneficiary, without effecting any of its rights or remedies against Grantor
under any other instrument,document,or assignment,may exercise its rights under this assignment
or in any other manner permitted by applicable law, and in addition, Beneficiary shall have and
possess,without limitation,any and all rights and remedies of a secured party under the UCC or as
otherwise provided by law.
7. Nature of Property/Remedies. Grantor and Beneficiary agree that the filing of a
financing statement in the records having to do with personal property in connection with the
Security Agreement provided herein shall never be construed as in any way derogating from or
impairing the declaration and the stated intention of the parties hereto that the Property and all
components thereof are, to the maximum extent possible, real property, subject to Beneficiary's
right on default to exercise,in any manner permitted by applicable law,those remedies(a)available
to Beneficiary under this Deed of Trust, (b) available to Beneficiary as a secured party under the
provisions of the UCC, or (c) otherwise provided for by law or available in equity. Whenever
Beneficiary's security shall be deemed to include personal property, Beneficiary shall be entitled
to foreclose against such property in connection with and as a part of any judicial or nonjudicial
proceeding against the real property secured hereby, the parties hereby acknowledging that such
foreclosure constitutes a commercially reasonable method of selling such property, or, in
Beneficiary's sole discretion and as permitted by applicable law, to pursue any and all other
remedies afforded a secured party under the UCC or other applicable law. In case of a default
hereunder, Grantor agrees to assemble all such property and make it available to the Trustee or
Beneficiary as secured party at a place to be designated by such party that is reasonably convenient
to all parties.
8. Representations and Warranties. To protect the security of this Deed of Trust
and for the benefit of Beneficiary, Grantor does, for Grantor and for Grantor's successors and
assigns,represent,covenant,warrant,and agree as follows:
8.1 Warrantv of Title. That Grantor has good and marketable title to an
indefeasible fee simple estate in all real property described herein subject only to such liens and
encumbrances, if any, specifically described herein or otherwise accepted or approved by
Beneficiary in writing; that Grantor owns all of the Property described herein free from liens,
security interests, and encumbrances of any kind (other than those approved in writing by
Beneficiary); that Grantor is vested with the right to convey all real property described herein to
Trustee for the benefit of Beneficiary;and that no consent of other parties is required as a condition
thereto. Grantor does hereby and will forever warrant and defend title to the Property herein
conveyed and defend the validity and priority of the lien of this Deed of Trust against the claims
and demands of all persons and parties;
8.2 Commercial Instrument. That this Deed of Trust is and will continue to
be a commercial Deed of Trust and that the proceeds of the loan secured hereby will be used for
business or commercial purposes other than agricultural,timber,grazing or farming purposes,and
not for personal,family,or household purposes;
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CHF-G1100335610.000 5/25/2017
8.3 Legal Entitv. Business. Etc. That while any sums remain outstanding
hereunder, Grantor will: (a) maintain its existence in the form under which it currently operates,
and preserve in full force and effect all its rights and franchises having a material effect upon its
business or the ownership of its properties; and (b) give prompt notice to Beneficiary of any
material change in Grantor's business or financial position, any change in any location where
Grantor's accounts and/or assets are to be maintained,the location of any new places of business
of Grantor and the changing or closing of any of its existing places of business,and any change in
Grantor's name; and
8.4 No Subordinate Financing,. That this Deed of Trust shall be the only lien
or encumbrance affecting the Property. Grantor agrees that there shall be no junior financing
secured by the Property or any interest therein without Beneficiary's prior written consent.
9. Maintenance and Inspection of Improvements. Grantor shall maintain the
buildings and other improvements now or hereafter located on the Property in a first-class condition
and state of repair and shall not allow any material changes in the current use of the Property or its
zoning without Beneficiary's consent. Grantor shall not cause, conduct, or permit any nuisance,
nor commit or suffer any waste; shall promptly comply with all the requirements of federal, state,
and municipal authorities and all other laws, ordinances, regulations, covenants, conditions, and
restrictions respecting the Property or the use thereof;and shall pay all fees or charges of any kind
in connection therewith. Grantor shall complete or restore promptly and in a workmanlike manner
any building or improvement that may be constructed, damaged, or destroyed thereon, and pay
when due all costs incurred therefor. Beneficiary and its employees and agents shall be entitled
from time to time to enter on the Property(including the interior of any structures), at reasonable
times and after reasonable notice,to inspect the Property,ascertain compliance with the Hazardous
Substances warranties set forth below and other provisions of this Deed of Trust (including the
right to take soil samples and conduct other reasonable tests and investigations),conduct appraisals
to determine the value of the Property, or to perform any other act authorized hereunder. Costs
incurred in obtaining such inspections,appraisals,tests, and other activities described above shall
be part of the obligations secured hereby. Grantor will permit access to the Property and will fully
cooperate with Beneficiary in this regard.
10. Construction. This Deed of Trust is given to secure a construction or land
acquisition loan. Grantor agrees to commence and complete construction promptly and in
accordance with the terms of the Loan Documents.
11. Alterations. No building or other improvement on the Property shall be
structurally altered,removed,or demolished without Beneficiary's prior written consent,nor shall
any fixture or chattel covered by this Deed of Trust and adapted to the proper use and enjoyment
of the Property be removed at any time without such consent unless actually replaced by an article
of equal suitability,owned by the Grantor.
12. Hazardous Substances. The terms "hazardous waste," "hazardous substance,"
"disposal,""release,"and"threatened release,"as used in this Deed of Trust, shall have the same
meanings as set forth in the Comprehensive Environmental Response,Compensation,and Liability
Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund
Amendments and Reauthorization Act of 1986, Pub. L. No. 99 499 ("SARA"), the Hazardous
Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and
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Recovery Act,49 U.S.C. Section 6901,et seq., or other applicable state or Federal laws,rules, or
regulations adopted with respect to hazardous waste or substances. Except as disclosed to and
acknowledged by Beneficiary in writing, Grantor represents and warrants to Beneficiary that: (a)
During the period of Grantor's ownership of the Property, there has been no use, generation,
manufacture, storage,treatment, disposal,release or threatened release of any hazardous waste or
substance by any person on, under, or about the Property; (b) Grantor has no knowledge of, or
reason to believe that there has been, except as previously disclosed to and acknowledged by
Beneficiary in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release,
or threatened release of any hazardous waste or substance by any prior owners or occupants of the
Property or(ii) any actual or threatened litigation or claims of any kind by any person relating to
such matters; and (c) Except as previously disclosed to and acknowledged by Beneficiary in
writing,(i)neither Grantor nor any tenant,contractor,agent or other authorized user of the Property
shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or
substance on, under, or about the Property and (ii) any such activity shall be conducted in
compliance with all applicable federal,state,and local laws,regulations and ordinances,including
without limitation those laws, regulations, and ordinances described above. Grantor authorizes
Beneficiary and its agents to enter upon the Property to make such inspections and tests as
Beneficiary may deem appropriate to determine compliance of the Property with this section of the
Deed of Trust. Any inspections or tests made by Beneficiary shall be for Beneficiary's purposes
only and shall not be construed to create any responsibility or liability on the part of Beneficiary to
Grantor or to any other person. The representations and warranties contained herein are based on
Grantor's due diligence in investigating the Property for hazardous waste. Grantor hereby (a)
releases and waives any future claims against Beneficiary for indemnity or contribution in the event
Grantor becomes liable for cleanup or other costs under any such laws,and(b)agrees to indemnify
and hold harmless Beneficiary against any and all claims, losses, liabilities, damages, penalties,
and expenses which Beneficiary may directly or indirectly sustain or suffer resulting from a breach
of this section of the Deed of Trust or as a consequence of any use, generation, manufacture,
storage,disposal,release or threatened release occurring prior to Grantor's ownership or interest in
the Property, whether or not the same was or should have been known to Grantor. The provisions
of this section of the Deed of Trust,including the obligation to indemnify,shall survive the payment
of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall
not be affected by Beneficiary's acquisition of any interest in the Property,whether by foreclosure
or otherwise.
13. Insurance. Grantor shall continuously maintain insurance, with premiums
prepaid, on all of the Property,against loss, fire, and other hazards,casualties, and contingencies,
and shall maintain liability insurance,all as may be required from time to time by the Beneficiary
in such amounts and for such period of time, with loss payable clauses (without contribution) in
favor of and in form satisfactory to Beneficiary, and shall provide Beneficiary at least thirty(30)
days' notice prior to the expiration of any existing insurance. All insurance shall be carried in
companies approved by Beneficiary. If Grantor shall fail for any reason to procure any such
insurance at least fifteen(15)days prior to the expiration of any policy of insurance now or hereafter
placed on the Property, Beneficiary may procure the same at Grantor's expense. The amount
collected under any fire or other insurance policy may be applied by Beneficiary to any
indebtedness secured hereby and in such order as Beneficiary may determine, or,at the option of
Beneficiary, the entire amounts collected, or any part thereof, may be released to Grantor. Such
application or release shall not cure or waive any default or notice of default hereunder or invalidate
any act done pursuant to such notice. In the event of foreclosure of this Deed of Trust or other
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transfer of title or assignment of the Property to Beneficiary in lieu of foreclosure, all right, title,
and interest of Grantor in and to all policies of insurance required by Beneficiary shall inure to the
benefit of and pass to the grantee of the Property.
WARNING
Unless Grantor provides Beneficiary with evidence of the insurance coverage
as required herein,Beneficiary may purchase insurance at Grantor's expense
to protect Beneficiary's interest. This insurance may, but need not, also
protect Grantor's interest. If the Property becomes damaged, the coverage
Beneficiary purchases may not pay any claim Grantor makes or any claim
made against Grantor. Grantor may later cancel this coverage by providing
evidence that Grantor has obtained property coverage elsewhere.
Grantor is responsible for the cost of any insurance purchased by Beneficiary.
The cost of this insurance may be added to the Note balance. If the cost is
added to the Note balance, the interest rate on the Note will apply to this
added amount. The effective date of coverage may be the date Grantor's prior
coverage lapsed or the date Grantor failed to provide proof of coverage.
The coverage Beneficiary purchases may be considerably more expensive
than insurance Grantor can obtain on Grantor's own and may not satisfy any
need for property damage coverage or any mandatory liability insurance
requirements imposed by applicable law.
14. Payment of Liens and Taxes. Grantor shall keep the Property free from
construction liens of any kind and pay all taxes,assessments,and other charges that may be levied
or assessed upon or against the Property before any part of such taxes,assessments,or other charges
become past due or delinquent and promptly deliver receipts therefor to Beneficiary.
15. Defense of Property. Grantor shall appear in and defend any suit, action, or
proceeding that might affect the value of this Deed of Trust,the Deed of Trust itself,or the rights
and powers of Beneficiary or Trustee, including, without limitation, any condemnation or public
improvement proceeding, and should Beneficiary or Trustee elect also to appear and defend any
such action or proceeding, be made a party to such by reason of this Deed of Trust, or elect to
prosecute such action as appears necessary to preserve said value, Grantor will, at all times,
indemnify from and, on demand, reimburse Beneficiary or Trustee for any and all loss, damage,
expense, or cost, including cost of evidence of title and attorneys' fees, arising out of or incurred
in connection with any such suit,action,or proceeding.
16. Beneficiary Authorized to Act. Should Grantor fail to make any payment or to
do any act as herein provided, Beneficiary or Trustee may, but without obligation to do so and
without notice to or demand upon Grantor and without releasing Grantor from any obligation
hereunder: (a)make or do the same in such manner and to such extent as either may deem necessary
to protect the security hereof; (b) commence, appear in, and defend any action or proceeding
purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; (c)pay,
purchase, contest, or compromise any encumbrance, charge, or lien that in the sole judgment of
Beneficiary either appears to be prior or superior to this Deed of Trust; and, (d) in exercising any
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such power,incur any liability and expend whatever amounts in its absolute discretion it may deem
necessary therefor, including cost of evidence of title and reasonable attorneys' fees.
17. Condemnation Proceeds. In the event that all or any portion of the Property is
taken under the right of eminent domain or condemnation, Beneficiary shall have the right,if it so
elects,to require that all or any portion of the monies payable as compensation for such taking be
paid to Beneficiary and applied by it first to any reasonable costs, expenses, and attorneys' fees,
both in trial and appellate courts,necessarily paid or incurred by Beneficiary in such proceedings,
and the balance applied upon the indebtedness secured hereby. Grantor further agrees, at its own
expense, to take such actions and execute such instruments as shall be necessary to obtain such
compensation.
18. Actions by Trustee. From time to time upon written request by Beneficiary,
payment of fees, and presentation of this Deed of Trust and any note secured hereby for
endorsement (in the case of full reconveyances,for cancellation),without affecting the liability of
any person for the payment of the indebtedness,Trustee may(a)consent to the making of any map
or plat of the Property;(b)join in granting an easement or creating any restriction thereon; (c)join
in any subordination or other agreement affecting this Deed of Trust or the lien or charge thereof,
and (d) reconvey, without warranty, all or any part of the Property. The grantee in any
reconveyance may be described as the"person or persons legally entitled thereto,"and the recitals
therein of any matters of fact shall be conclusive proof of the truthfulness thereof.
19. ADA/FHAA Comuliance. So long as this Deed of Trust remains outstanding,
Grantor will, at its own cost and expense, in respect of the Property and in respect of Grantor's
business activities at or within the Property: (a) comply with all requirements of the federal
Americans with Disabilities Act (the "ADA") and the federal Fair Housing Amendments Act of
1988 (the "FHAA") and the rules and regulations promulgated thereunder (the "Rules"), to the
extent applicable to Grantor's ownership, management, operation, leasing, use, construction,
reconstruction,repair,remodeling,rehabilitation,or alteration of the Property or any part thereof;
(b)immediately provide to Beneficiary written notice(and copies of)any and all notices of actual,
potential,or alleged violations of the ADA,the FHAA,or the Rules and any and all governmental
investigations or regulatory actions instituted or threatened against Grantor or the Property or
Grantor's business activities at or within the Property regarding the ADA,the FHAA,or the Rules;
and(c)furnish to Beneficiary,from time to time whenever reasonably requested by Beneficiary,a
Compliance Assessment, in form and substance reasonably satisfactory to Beneficiary, prepared
by an architect or engineer with skill,experience,and reputation acceptable to Beneficiary, in the
field of compliance with the ADA or the FHAA,as applicable.
20. Reaooraisals. Beneficiary shall have the right to obtain at Grantor's cost and
expense reappraisals of the Property from any licensed or certified appraiser designated by
Beneficiary, from time to time(a) whenever such reappraisal may be required by any law,rule,or
regulation applicable to the conduct of Beneficiary's business, or may be requested or directed by
any governmental authority charged with the administration of such law, rule, or regulation or
Beneficiary's compliance therewith,whether or not such request or direction has the force of law,
or (b) whenever Beneficiary has reasonable cause to believe that the then-current loan-to-value
ratio applicable to the loan or loans secured by the Property exceed the original loan-to-value ratio
approved by Beneficiary with respect to such loan or loans, or (c) whenever reasonably deemed
appropriate by Beneficiary following the occurrence or during the continuation of an Event of
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Default. Beneficiary may use the results of such reappraisal to evaluate and restructure such loan
or loans if necessary in Beneficiary's reasonable discretion.
21. Beneficiarv's Expenditures. If any action or proceeding is commenced that
would materially affect Beneficiary's interest in the Property or if Grantor fails to comply with any
provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's
failure to discharge or pay when due any amounts Grantor is required to discharge or pay under
this Deed of Trust or any Related Documents, Beneficiary on Grantor's behalf may (but shall not
be obligated to) take any action that Beneficiary deems appropriate, including but not limited to
discharging or paying all taxes,liens,security interests,encumbrances and other claims,at any time
levied or placed on the Property and paying all costs for insuring,maintaining and preserving the
Property. All such expenditures incurred or paid by Beneficiary for such purposes will then bear
interest at the rate charged under the Note from the date incurred or paid by Beneficiary to the date
of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at
Beneficiary's option,will (A)be payable on demand; (B)be added to the balance of the Note and
be apportioned among and be payable with any installment payments to become due during either
(1) the term of any applicable insurance policy; or(2) the remaining term of the Note; or (C) be
treated as a balloon payment which will be due and payable at the Note's maturity. The Property
also will secure payment of these amounts. Such right shall be in addition to all other rights and
remedies to which Beneficiary may be entitled upon Default.
22. Non-Waiver of Defaults. The entering upon and taking possession of the
Property, the collection of rents, issues, and profits, or the proceeds of fire and other insurance
policies or compensation or awards for any kind of taking or damage of the Property, and the
application or release thereof as provided in this Deed of Trust shall not cure or waive any default
or notice of default hereunder or invalidate any act done pursuant to such notice of default. Further,
by accepting payment of any sums secured hereby after their due date,Beneficiary does not waive
its right either to require prompt payment when due of all other sums so secured or to declare the
failure to pay such sums an Event of Default.
23. Events of Default. Each of the following circumstances shall constitute an event
of default under this Deed of Trust(individually,an"Event of Default").
23.1 Pavment Default. Failure to make any scheduled payment of principal,
interest, or any required reserves under any note secured hereby,this Deed of Trust, or any of the
other Loan Documents when due.
23.2 Default Under Loan Documents. Failure to make any payment required
under any of the Loan Documents other than those identified in the preceding paragraph or to
perform any other covenant,agreement or obligation under this Deed of Trust,or any of the other
Loan Documents, or any breach of warranty or any material inaccuracy of any representation of
Grantor thereunder, and the failure to cure such default within the stated cure period (or if none is
stated,then failure to cure within thirty(30)days after Beneficiary's delivery of written demand to
Grantor,or if such cure cannot be completed within such thirty(30)day period, failure by Grantor
to commence the required cure within such thirty(30) day period, and thereafter to complete the
cure within ninety(90)days after Beneficiary's delivery of such written demand);
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23.3 Default on Oblieations Secured by Provertv. Any failure to perform any
obligation that is secured by any lien against or any interest in the Property, rights, or interests
encumbered hereby or any portion thereof, regardless of whether such lien or interest is prior or
subordinate to the Deed of Trust, and which default or failure to perform is not cured within any
applicable grace period or which in any manner threatens the lien of this Deed of Trust;
23.4 Cross-Default. Any default by Grantor or any guarantor of the loan
(collectively, "Guarantor") or an affiliate of Grantor or Guarantor under any obligations of
Grantor or Guarantor or any such affiliate to Beneficiary now existing or hereafter undertaken(for
purposes of this Section,an"affiliate"shall include(i)any entity that controls,is controlled by, or
is under common control with Grantor or Guarantor;and shall also include(ii)any entity that owns
in whole or in part, is owned by,or is under common ownership with Grantor or Guarantor);
23.5 Insolvencv: Bankruntcv: Receivership. Any of the following shall occur
with respect to the Property,the Grantor, any Guarantor,or any successor to the Grantor's interest
in the Property: (a) the institution of any proceeding for appointment of a receiver, liquidator,or
trustee; (b) the institution of any proceeding for dissolution, liquidation, or similar relief; (c) the
filing of a voluntary petition for bankruptcy or reorganization; (d) the filing of an involuntary
petition for bankruptcy or reorganization that is not dismissed within sixty(60)days;or(e)Grantor
or Guarantor is unable to pay Grantor's or Guarantor's debts,respectively, as they become due;
23.6 Default Under Leases. Any default by Grantor under any lease affecting
the Property,any termination of such lease,or any modification,surrender,or cancellation of such
lease without Beneficiary's prior written consent;
23.7 Adverse Chanee. Any material adverse change in the Property,including,
without limitation, actual or threatened removal,demolition,or impairment of the Property or any
improvements thereon,or in the financial condition of Grantor or any Guarantor as determined by
Beneficiary in its sole discretion based on its review of the most current financial statement
provided by such parties and the status of their respective real estate portfolios and other
investments.
23.8 Impact on Use of ProDertv. Any impending or proposed: (a)
condemnation, (b) rezone, or(c) modification or enactment of any ordinances or regulations that
could materially affect any improvements on the Property or the use or value thereof;
23.9 Guarantv. Any Guarantor purports to revoke its guaranty or any such
guaranty becomes invalid or unenforceable for any reason, or any Guarantor dissolves, becomes
insolvent,or becomes a debtor in any bankruptcy proceeding.
The waiver by Beneficiary of any Event of Default shall not constitute a waiver of any other or
subsequent Event of Default.
24. Acceleration Upon Default; Additional Remedies. Upon any Event of Default,
Beneficiary may, at notice to or demand upon Grantor, exercise any one or more of the following
actions: declare all amounts secured by this Deed of Trust immediately due and payable;bring a
court action to enforce the provisions of this Deed of Trust or any of the other Loan Documents;
foreclose this Deed of Trust as a mortgage; cause any or all of the Property to be sold under the
power of sale granted by this Deed of Trust in any manner permitted by applicable law; exercise
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Beneficiary's rights with respect to any leases and rents; and/or exercise any or all of the other
rights and remedies under this Deed of Trust and the other Loan Documents or available under law
or in equity. To the extent permitted by law,every right and remedy provided in this Deed of Trust
or afforded by law or equity or any other agreement between Beneficiary and Grantor may be
exercised concurrently,independently,or successively,in any order whatsoever. Beneficiary may
exercise any of its rights and remedies at its option without regard to the adequacy of its security.
25. Foreclosure by Power of Sale. Should Beneficiary elect to foreclosure by
exercise of the power of sale herein contained, Beneficiary shall notify Trustee and request that
Trustee proceed with all notices required by law.
25.1 Notice of Default—Noniudicial Sale. Upon receipt of such notice from
Beneficiary, Trustee shall cause to be recorded, published, and delivered to Grantor such notices
as are required by law and by this Deed of Trust. Trustee shall,without demand on Grantor,after
lapse of such time as may then be required by law and after recordation of the required notice of
trustee's sale,at public auction to the highest bidder,for cash in lawful money of the United States
payable at the time of sale,sell the Property,either as a whole,or in separate lots or parcels or items
as Trustee shall deem expedient, and in such order as it may determine, upon any terms and
conditions specified by Beneficiary and permitted by applicable law. The Property,real,personal
and mixed, may be sold in one parcel. To the extent any of the Property sold by the Trustee is
personal property, then Trustee shall be acting as the agent of the Beneficiary in selling such
Property. Any person or entity permitted by law to do so may purchase at any sale. Upon any sale,
Trustee will execute and deliver to the purchaser or purchasers a deed or deeds conveying the
Property sold, but without any covenant or warranty, express or implied, and the recitals in the
Trustee's deed showing that the sale was conducted in compliance with all the requirements of law
shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona
fide purchasers and encumbrances for value.
25.2 Avvlication of Sale Proceeds.. After deducting all costs,fees,and expenses
of Trustee and of this trust,including costs of evidence of title in connection with the sale,Trustee
shall apply the proceeds of sale to payment of: (a)all sums expended under the terms hereof,not
then repaid,with accrued interest at the Default Rate provided in any note secured hereby; (b) all
other obligations then secured hereby;and(c)the remainder,if any,to the person or persons legally
entitled thereto in accordance with the law.
25.3 Postponement of Sale. Trustee may postpone the sale of all or any portion
of the Property by public announcement at the time and place of sale, and from time to time
thereafter may postpone such sale by public announcement at the time fixed by the preceding
postponement or subsequently noticed sale, and without further notice make such sale at the time
fixed by the last postponement,or may,it its discretion,give a new notice of trustee's sale.
25.4 Reauest for Notice. Grantor hereby requests a copy of any notice of
default and that any notice of trustee's sale hereunder, as well as any other written notifications
required by other provisions hereof,be mailed to it at the address set forth in the first paragraph of
this Deed of Trust.
26. Foreclosure as Mortgage. Should Beneficiary elect to foreclosure this Deed of
Trust in the manner provided by law for the foreclosure of mortgages on real property,Beneficiary
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shall be entitled to recover in such proceeding all costs and expenses incident thereto (including
costs on appeal), including reasonable attorneys' fees (and attorneys' fees on appeal), in such
amount as shall be fixed by the court. Beneficiary shall be entitled to possession of the Property
during any redemption period allowed under the laws of the State of Oregon.
27. Appointment of Receiver. If an Event of Default shall have occurred and be
continuing,Beneficiary,as a matter of right and without notice to Grantor or anyone claiming under
Grantor,and without regard to the then value of the Property or the interest of Grantor therein,shall
have the right,to the extent permitted by applicable law,to apply to any court having jurisdiction
to appoint a receiver or receivers of the Property,and Grantor hereby irrevocably consents to such
appointment without bond, and waives notice of any application therefor. Any such receiver or
receivers shall have all the usual powers and duties of Beneficiary in case of entry and shall
continue as such and exercise all such powers until the date of confirmation of sale of the Property
unless such receivership is sooner terminated.
28. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be
entitled to enforce payment and performance of any obligations secured hereby and to exercise all
rights and powers under this Deed of Trust,under any Loan Document or other agreement,or under
any laws now or hereafter in force, notwithstanding some or all of the said obligations secured
hereby may now or hereafter be otherwise secured,whether by mortgage, Deed of Trust, pledge,
lien, guaranty, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its
enforcement, whether by court action or pursuant to the power of sale or other powers herein
contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon
or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that
Trustee and Beneficiary, and each of them, shall be, to the extent permitted by applicable law,
entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary
or Trustee in such order and manner as they or either of them may in their absolute discretion
determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to
be exclusive of any other remedy herein or by law permitted,but each shall be cumulative and shall
be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity
or by statute,or given by any of the Loan Documents to Trustee or Beneficiary,and either of them
may pursue inconsistent remedies. The failure on the part of Beneficiary to promptly enforce any
right hereunder shall not operate as a waiver of such right.
29. Appointment of Successor Trustee. Beneficiary may, for any reason permitted
by law,from time to time appoint a successor or successors to any Trustee named herein or to any
successor trustee appointed hereunder. Upon such appointment, and without conveyance to the
successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any
trustee herein named or appointed hereunder. Each such appointment and substitution shall be
made by written instrument executed by Beneficiary, containing reference to this Deed of Trust
and its place of record, which, when recorded in the office of the county clerk or recorder of the
county or counties in which the Property is situated, shall be conclusive proof of proper
appointment of the successor trustee.
30. Duties of Trustee. Trustee accepts this trust when this Deed of Trust, duly
executed and acknowledged,is made a public record as provided by law. Trustee is not obligated
to notify any party hereto of pending sale under any other Deed of Trust or of any action or
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proceeding in which Grantor, Beneficiary, or Trustee shall be a party unless such action or
proceeding is brought by Trustee.
31. Repayment of Beneficiary's Expenditures and Advances. Grantor shall
immediately pay, without demand by Beneficiary, all sums expended or advanced hereunder or
under any of the other Loan Documents, and all costs incurred by Beneficiary or Trustee in
enforcing or protecting their rights or interests hereunder or under any of the other Loan Documents
(including, without limitation, attorneys' fees, accountants' fees, and any other costs or expenses
whatsoever), with interest from the date of any such expenditure or advance at the Default Rate
provided in any note secured hereby,and the same shall constitute advances made under this Deed
of Trust and repayment thereof shall be secured hereby. This includes, without limitation,
attorneys'fees and costs incurred by Beneficiary to protect its interests at trial and in any bankruptcy
or appellate proceeding. If Grantor fails to pay any such expenditures,advances,costs,or expenses,
together with interest thereon, Beneficiary may, in addition to the other remedies provided
hereunder to the extent permitted by applicable law, at its sole discretion: (a) commence an
independent action against Grantor for the recovery of such sums; and/or (b) advance any
undisbursed loan proceeds to pay the same.
32. Due on Sale or Encumbrance. Grantor acknowledges and agrees that the
obligations secured by this Deed of Trust are personal to Grantor and that Grantor's personal
responsibility,financial condition,and control of the Property were material inducements on which
Beneficiary relied in making its loan to Grantor. Grantor agrees that neither the Property nor any
interest therein shall be encumbered,sold(by contract or otherwise),conveyed,leased,or otherwise
transferred by Grantor, nor shall there be any change in (i) the ownership or control of more than
25% of Grantor's stock if Grantor is a corporation, (ii) the ownership or control of any general
partnership interest in Grantor,if Grantor is a general or limited partnership,(iii)the ownership or
control of more than 25% of the membership interests in Grantor if Grantor is a limited liability
company, (iv) the ownership of any beneficial interests if Grantor is not otherwise a natural
person(s),or(v)the majority ownership of stock or any general partnership or membership interest
in any corporation, partnership or limited liability company that has an ownership interest in
Grantor. Any such action without Beneficiary's prior written consent shall be deemed to increase
Beneficiary's risk, and shall be an Event of Default hereunder. If Beneficiary elects in its sole
discretion to consent to any such action, Beneficiary may condition its consent on such terms and
conditions as Beneficiary may require,such as payment of a transfer review fee and/or assumption
fee,and/or an increase in the interest rate on the obligations secured hereby. Beneficiary shall not
be required to release the original obligor or any other party liable for such obligations.
33. Partial Reconveyance. Should the Loan Documents allow for the partial
reconveyance from the encumbrance of the Deed of Trust of any portion of the Property upon the
payment of a certain sum to Beneficiary("Partial Reconveyance"),any such Partial Reconveyance
shall be allowed only so long as the following additional conditions are met:
33.1 No Defaults. Grantor is not in default hereunder or under the terms of any
of the Loan Documents;
33.2 Leeallv Subdivided. The Property has been legally subdivided into parcels
or lots (or condominium units, if applicable) such that both (a) the portion of the Property to be
reconveyed and (b) the portion of the Property remaining subject to the Deed of Trust are legally
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segregated properties capable of being transferred to third-party purchasers in accordance with the
law;
33.3 Access Unimpaired. The Partial Reconveyance does not deny or
unreasonably impair access to public roads and utilities for either the portion of the Property
remaining subject to the Deed of Trust or the portion of the Property reconveyed;
33.4 Identification of Pronertv. Grantor secures all necessary services of
surveyors,engineers,and other consultants of any kind or nature whatsoever required in connection
with the Partial Reconveyance in order to sufficiently identify the portion of the Property to be
reconveyed and to enable the Trustee to complete the Partial Reconveyance; and
33.5 Costs. Grantor pays all costs incurred in connection with the Partial
Reconveyance. Beneficiary shall have no responsibility for such costs and shall be reimbursed by
Grantor for any costs incurred by Beneficiary.
34. Indemnification by Grantor. Grantor agrees to indemnify and hold Beneficiary
and Trustee harmless from and against any and all losses, liabilities, suits, obligations, damages,
costs,and expenses,including attorneys' fees and costs,that may be imposed on, incurred or paid
by,or asserted against Beneficiary or Trustee by reason or account of. (a) any action by Grantor
in connection with the Property; (b) any good faith and commercially reasonable exercise of any
of the rights and remedies or performance of any of the duties of Trustee or Beneficiary under any
of the Loan Documents; or (c) any other liability arising in any manner in connection with the
Property other than as a result of the gross negligence or willful misconduct of Beneficiary or
Trustee,and such obligation shall be secured by this Deed of Trust,except to the extent that it falls
within the scope of any separate Indemnity Agreement that by its terms is not secured hereby. If
any claim,action,or proceeding is brought against Beneficiary or Trustee that is the subject of the
indemnity set forth in this paragraph,Grantor shall resist or defend against the same, if necessary
in the name of the Trustee or Beneficiary,by attorneys for Grantor's insurance carrier or otherwise
by attorneys approved by Beneficiary.
35. Further Assurances. Grantor, from time to time, within fifteen (15) days after
request by Beneficiary, shall execute, acknowledge, and deliver to Beneficiary such additional
security instruments,in form and substance satisfactory to Beneficiary,covering all property of any
kind whatsoever owned by Grantor or in which Grantor has any interest which, in the reasonable
opinion of Beneficiary, is essential to the operation of the Property covered by this Deed of Trust,
and shall execute,acknowledge,and deliver any financing statement,renewal,affidavit,certificate,
continuation statement, or other document as Beneficiary may reasonably request in order to
perfect,preserve,continue,extend,or maintain Beneficiary's security interests under or the priority
of this Deed of Trust. Grantor shall pay all costs in connection with the preparation, execution,
recording,filing,and refiling of any such documents.
36. Multiple Grantors. If Grantor is comprised of more than one person or entity,
then the term "Grantor"used herein shall refer to all such persons or entities collectively and to
each such person or entity individually, such that all obligations, covenants, warranties,
requirements, restrictions and other provisions of this Deed of Trust shall apply both collectively
and individually, and each such person or entity shall be jointly and severally liable for all
obligations secured by this Deed of Trust.
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37. Assignment. Beneficiary may assign this Deed of Trust in whole or in part to any
person and may grant participation in any of its rights under the Deed of Trust without notice and
without affecting Grantor's liability under this Deed of Trust. In connection with any proposed
assignment,participation, or similar arrangements,Beneficiary may make available to any person
all credit and financial data furnished or to be furnished to Beneficiary by Grantor or any guarantor
under the Loan Documents. Grantor may not assign the Deed of Trust to any person at any time,
except in connection with a transaction approved in writing by Beneficiary under the terms of this
Deed of Trust. Subject to such prohibitions against Grantor's assignment, this Deed of Trust shall
inure to the benefit of and bind all of the parties hereto, their heirs, legatees, devisees,
administrators,executors,personal representatives,successors,and assigns.
38. Applicable Law. This Deed of Trust is made with reference to and is to be
construed in accordance with the laws of the State of Oregon.
39. Miscellaneous. The tern Beneficiary shall mean the holder and owner,including
pledgee, of the obligations secured hereby, whether or not named as Beneficiary herein. In
construing this Deed of Trust and whenever the context so requires,the masculine gender includes
the feminine and neuter, and the singular number includes the plural. This Deed of Trust may be
executed in two or more counterparts,all of which will constitute one and the same instrument and
lien.
40. Jury Waiver. BENEFICIARY AND GRANTOR HEREBY WAIVE THE
RIGHT TO ANY JURY TRIAL IN ANY ACTION,PROCEEDING,OR COUNTERCLAIM
BROUGHT BY EITHER BENEFICIARY OR GRANTOR AGAINST THE OTHER. IF
THERE IS A LAWSUIT, GRANTOR, AT BENEFICIARY'S OPTION, AGREES TO
SUBMIT TO THE JURISDICTION WHERE THE PROPERTY IS LOCATED.
41. Notices to Grantor and Other Parties. Any notice under this Deed of Trust shall
be in writing and shall be effective when actually delivered or,if mailed,shall be deemed effective
when deposited in the United States mail first class, registered mail, postage prepaid, directed to
the addresses shown near the beginning of this Deed of Trust. Any party may change its address
for notices under this Deed of Trust by giving formal written notice to the other parties, specifying
that the purpose of the notice is to change the party's address. All copies of notices of foreclosure
from the holder of any lien which has priority over this Deed of Trust shall be sent to Beneficiary's
address,as shown near the beginning of this Deed of Trust. For notice purposes,Grantor agrees to
keep Beneficiary and Trustee informed at all times of Grantor's cur-rent address.
UNDER OREGON LAW, MOST AGREEMENTS, PROMISES AND COMMITMENTS
MADE BY LENDER CONCERNING LOANS AND OTHER CREDIT EXTENSIONS
WHICH ARE NOT FOR PERSONAL FAMILY OR HOUSEHOLD PURPOSES OR
SECURED SOLELY BY THE BORROWER'S RESIDENCE MUST BE IN WRITING,
EXPRESS CONSIDERATION AND BE SIGNED BY LENDER TO BE ENFORCEABLE.
DEED OF TRUST-3
CHF-GI\00335610.000 5/25/2017
DATED as of the day and year first above written.
GRANTOR:
CDP Develoners LLC,
a California Li it d Liability Company
By: n
Name: E r t L
Title: f1e.�,�
Date: -1100 0 t R
CORPORATE ACKNOWLEDGMENT
STATE OF OFRCIAL STAMP
MARGARET MARY NEMIRK
ss NOTARY PUBLIC-OREGON
Countyof OOMM ISSION NO.984049
mylr�verr.t/� 1 MIIGOAMM6SIONEfIPWFMWY07,2023
On this /? day of I'v4v , 201 before me,a Notary Public in and for said state,
personally appeared f c P.o,�.vc ,�r�.�{,c of CnP # e4p ws�, an
Oregon cogwmft ,known to me to be the person who executed the within Deed of Trust on behalf
of said coqw=d&and acknowledged to me that he/she executed the same for the purposes therein
stated. ie4tasorsp A,,ta.Lry G's4s,4If.-
Not ublic for G�Ct4D.t/
PARTNERSHIP ACKNOWLEDGMENT
STATE OF )
)ss
County of
On this day of , 20_,before me, the undersigned Notary Public,
personally appeared of ,an
Oregon partnership (the "Partnership"), personally known to me or proved to me on the basis of
satisfactory evidence to be an authorized agent of the Partnership and that he/she executed the Deed
of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the
Partnership, for the uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the
Partnership.
Notary Public for
DEED OF TRUST-3
CHF-GI\00335610.000 5/25/2017
i
EXHIBIT A
LEGAL DESCRIPTION
PARCEL I:
A portion of Lots 16 and 17,according to the duly filed plat of FRUITLAND ACRES, in the City of Tigard,
filed May 9, 1911, in Plat Book 4, Page 34, Records of the County of Washington and State of Oregon,
described as follows:
Beginning at the Northeast comer of the West one-half of Lot 16;thence West along the North line of Lot 16,
a distance of 140 feet to the Northwest comer of a tract conveyed to Alfred A.Snyder,et ux, by Deed
recorded in Book 272, Page 703;thence South along the West line of the Snyder Tract 75 feet; thence East
parallel to the North line of Lot 16 to the East line of the West one-half of Lot 17;thence North along the
East line of the West one-half of Lots 17 and 16,a distance of 75 feet to the point of beginning.
TOGETHER WITH that portion described as follows:
Beginning at an iron pipe marking the Northwest comer of said Lot 16,FRUITLAND ACRES, in the County
of Washington and State of Oregon;thence South 75 feet along the Easterly right of way line of County
Road 245 to an iron rod;thence North 89042'East 150.85 feet to a point on the West line of that tract
conveyed to Alfred A. Snyder and wife by Deed recorded in Book 272,Page 703,Deed Records,and being
the Northeast comer of Severs Tract as recorded November 8, 1954, in Book 362, Page 267, Deed
Records;thence North 009'West 75 feet along the West line of said Snyder Tract to an iron rod on the
North line of said Lot 16;thence South 89°42'West 150 feet; more or less,to the point of beginning.
PARCEL II:
Beginning at an iron pipe marking the Northwest comer of Lot 16, FRUITLAND ACRES, in the City of
Tigard,filed May 9, 1911, in Plat Book 4,Page 34, Records of the County of Washington and State of
Oregon;thence South 75 feet along the Easterly right of way line of Country Road 245,to an iron rod and
the true point of beginning of the tract herein described;thence continuing South 75 feet to an iron rod;
thence North 89042'East 151.03 feet to a point on the West line of that tract conveyed to Alfred A.Snyder
and wife by deed recorded in Deed Book 272,page 703;thence North 0°9'West 75 feet along the West line
of said Snyder tract to an iron rod;thence South 890 42'West 150.85 feet to the true point of beginning.
PARCEL III:
The West one-half of the West one-half of Lots 18 and 19, FRUITLAND ACRES, in the City of Tigard,
County of Washington and State of Oregon.
EXCEPT THEREFROM the South 40.0 feet of said West one-half of the West one-half of Lot 19.
ALSO EXCEPTING that portion of Lot 18 lying North of the Southerly boundary of the following described
parcel:
Beginning at an iron pipe marking the Northwest comer of Lot 16, FRUITLAND ACRES, in the City of
Tigard,filed May 9, 1911, in Plat Book 4,Page 34, Records of the County of Washington and State of
Oregon;thence South 75 feet along the Easterly right of way line of Country Road 245,to an iron rod and
the true point of beginning of the tract herein described;thence continuing South 75 feet to an iron rod;
thence North 89°42 East 151.03 feet to a point on the West line of that tract conveyed to Alfred A. Snyder
and wife by deed recorded in Deed Book 272,page 703;thence North 0°9'West 75 feet along the West line
of said Snyder tract to an iron rod;thence South 890 42'West 150.85 feet to the true point of beginning.
RECEIVED
OCT 17 2019
CITY OF TIGARD
PLAN NG/ENGINEERING
Application for Lot Consolidation
(Type 1),
SW 7211 Ave & SW Baylor St Tigard, Or
Prepared for:
Community Development Partners
Prepared by:
Scott Edwards Architecture
October 2"d, 2019
2525 East Burnside Street I Portland,OR 97214 1 p:(503)226-3617 1 f:(503)226-3715 1 www.seallp.com
Community Development Partners—72nd and Baylor
Lot Consolidation Narrative 1 10.02.2019 Page 12
[ Page Intentionally Blank]
2525 East Burnside Street I Portland,OR 97214 1 p:(503)226-3617 1 f:(503)226-3715 1 www.seallp.com
Community Development Partners—72nd and Baylor
Lot Consolidation Narrative 1 10.02.2019 Page 13
Table of Contents
SECTION 1: PROJECT DESCRIPTION..................................................................................5
Existing Conditions and Project Summary...................................................................5
SECTION 2: NARRATIVE - LOT CONSOLIDATION REVIEW FINDINGS .....................6
Chapter 18.810.030 - Lot Line Adjustments and Lot Consolidations ...................6
List of Exhibits
A. Application Form
B. Deeds
C. Project Description (included in this narrative)
D. Narrative (this document)
E. Drawings
1. Preliminary Plat
2. Final Plat
F. N/A
G. Service Provide Letters
1. Clean Water Services Memo
2. Clean Water Services SPL
3. Pride Disposal SPL
4. Tualatin Valley Water District SPL
2525 East Burnside Street I Portland,OR 97214 1 p:(503)226-3617 1 f:(503)226-3715 1 www.sealip.com
Community Development Partners—72nd and Baylor
Lot Consolidation Narrative 1 10.02.2019 Page 4
General Information
Applicant: Community Development Partners
126 NE Alberta St#202
Portland, OR 97211
Representative: Scott I Edwards Architecture
2525 E Burnside St., Portland OR, 97214
(Contact: Dave Mojica, 503-896-5378)
Owner: Community Development Partners
Site Address: SW 72nd Ave & SW Baylor St Tigard, Or
Tax Lot(s): 1 S136DC00300
1 S136DC00400
1 S136DC00301
Zoning: Tigard Triangle Plan District
Case Type: Development Review
Procedure: Lot Consolidation - Type I
Proposal: Proposal is for lot consolidation of the three tax lots listed
above.
2525 East Burnside street I Portland,OR 97214 1 p:(503)226-3617 1 f:(503)226-3715 1 www.sealip.com
Community Development Partners—72nd and Baylor
Lot Consolidation Narrative i 10.02.2019 Page 15
Section 1: Project Description
Existing Conditions and Proiect Summary
Proposal if for the consolidation of three lots at the comer of SW 72nd Ave and SW Balor St. Lot
301 has street frontages on both 72nd and Baylor while lots 300 and 400 front 72"d. All three
properties contain existing residential buildings. No modification to the site or the structures on
these lots is proposed with this Lot Consolidation. See exhibits E1 and E2 for reference.
END OF SECTION
2525 East Burnside Street I Portland,OR 97214 1 p:(503)226-3617 1 f:(503)226-3715 1 www.seallp.com
Community Development Partners—72nd and Baylor
Lot Consolidation Narrative 1 10.02.2019 Page 16
Section 2: Narrative - Lot Consolidation Review Findings
This section provides the findings to support approval of this lot consolidation. Quotes from
County code and plans are included in italics, the applicant response is shown in plain text. Text
omitted from the application findings, for brevity's sake, is indicated by three asterisks: ***.
Chapter 18.810 Lot Line Adjustments and Lot Consolidations
18.810.030 Approval Criteria
A. Approval criteria. The approval authority will approve or approve with conditions an
application for a lot line adjustment or lot consolidation when all of the following are met:
1. An additional lot is not created by the lot line adjustment or lot consolidation, and the
existing lot or lots are not reduced below the minimum lot size.
Response: An additional lot is not created with this consolidation and the not result in a
lot below the minimum size. See exhibit E2.
2. The proposed lots and existing structures comply with all applicable development
standards.
Response: Lots are being consolidated for a new development which will meet all
applicable development standards.
3. The proposed lots comply with the following:
a. All lots created for housing meet the density requirements for the housing type
proposed.
Response: No new housing proposed with this application.
b. The minimum lot width is met. The minimum lot width for residential and
nonresidential development is provided in the applicable development standards
chapter in 18.200 Residential Development Standards or 18.300 Nonresidential
Development Standards. In the case of a flag lot, the minimum lot width and
depth is 40 feet and is measured as provided in Section 18.40.080.
Response: There is no minimum lot width in the TMU zone.
c. The minimum lot size is met. The minimum lot size for residential and
nonresidential development is provided in the applicable development standards
chapter in 18.200 Residential Development Standards or 18.300 Nonresidential
Development Standards. In the case of a flag lot, the access is not included in
the lot area calculation as described in Section 18.40.080.
Response: There is no minimum lot size in the TMU zone.
2525 East Burnside Street I Portland,OR 97214 1 p:(503)226-3617 1 f:(503)226-3715 1 www.sealip.com
Community Development Partners-72nd and Baylor
Lot Consolidation Narrative 110.02.2019 Page 17
d. The depth of all lots does not exceed 2.5 times the average width, with the
following exceptions:
i. The lot is less than 1.5 times the minimum lot size, or
ii The lot is for a proposed cottage cluster or courtyard unit development.
Response: The depth of all lots does not exceed 2.5 times the average width.
See Exhibit E2.
e. Each lot is rectilinear in shape with side lot lines at right angles to front lot
lines, and rear lot lines parallel to front lot lines, except where not practicable due
to location along a street radius or because of existing natural feature or lot
shape. Side and rear lot lines must be straight where practicable. Side and rear
lot lines that are segmented may not contain cumulative lateral changes in
direction that exceed 10 percent of the distance between opposing lot comers.
Response: Lots to be consolidated are rectilinear. Upon consolidation all
changes in side are rear lot lines will be at right angles.
f. Each lot has a minimum of 40 feet of frontage on a public or private right-of-
way, except for the following types of lots:
i. Flag lots and rowhouse lots have a minimum of 15 feet of frontage on a
public or private right-of-way;
ii. Lots with curved frontages along cul de sacs or eyebrows have a
minimum of 20 feet of frontage on a public or private right-of-way as
measured along the arc of the front lot line; and
iii. Lots at the terminus of a private street have a minimum of 20 feet of
frontage on a private right-of-way.
Response: Consolidated lot meets minimum frontage requirement.
g. All setback requirements are met. The setback requirements for residential
and nonresidential development are provided in the applicable development
standards chapter in 18.200 Residential Development Standards or 18.300
Nonresidential Development Standards
Response: Minimum and maximum set back requirements per 18.660.070 are 1
foot and 12 foot respectively. Lots are being consolidated for a new development
which will meet all applicable development standards.
h. Lots created using the density and dimensional standards for cottage cluster,
courtyard unit, quad, and rowhouse development must record a deed restriction
that prohibits any type of development other than the type proposed with the lot
line adjustment or consolidation application. This deed restriction cannot be
removed except through another land division or lot line adjustment process.
Response: Proposal does not include any of the development types listed in
2525 East Burnside Street I Portland,OR 97214 1 p:(503)226-3617 1 f:(503)226-3715 1 www.seallp.com
Community Development Partners—72nd and Baylor
Lot Consolidation Narrative 1 10.02.2019 Page 18
this requirement.
4. With regard to flag lots...:
Response: N/A—existing lots and proposed consolidation do not contain/ result in flag
lots.
5. Where a common drive is to be provided to serve more than one lot...
Response: N/A—Consolidation will result in one lot only.
6. Any access must comply with Chapter 18.920, Access, Egress, and Circulation.
Response: Lots are being consolidated for a new development which will meet all
applicable development standards.
B. Exemptions from dedications. A lot line adjustment or lot consolidation is not considered a
development action for purposes of determining whether special flood hazard area, green way,
or right-of-way dedication is required. (Ord. 18-28§1; Ord. 18-23§2; Ord. 17-22§2)
Response: Acknowledged.
END OF DOCUMENT
2525 East Burnside Street I Portland,OR 97214 1 p:(503)226-3617 1 f:(503)226-3715 1 www.seallp.com
RECEIVED
Dave Mojica
OCT 17 2019
�[I I yr I IbAh'U
From: SPL Review <SPLReview@CleanWaterServices.org> PLANNING/ENGINEERING
Sent Thursday,August 08, 2019 11:19 AM
To: Dave Mojica
Subject: 19-002504 11550 SW 72ND AVENUE
Attachments: 19-002504 11550 SW 72ND AVENUE SPL.pdf
Hello,
Clean Water Services has completed the Sensitive Area Pre-Screen review for the proposed development at the subject
property.Attached is the completed Pre-Screen form which becomes your Service Provider Letter. Please submit the
attachment to the City of Tigard. If you have any follow up questions please do not hesitate to contact me.
Thank you
Chuck Buckallew I Engineering Technician
Clean Water Services I Development Services
2550 SW Hillsboro Hwy I Hillsboro OR 97123
o 503.681.3605 1 f 503.681.4439
engage news I facebook I twitter
1
Clean Water Services File Number
CleanWater Services I 19-002504 I
Sensitive Area Pre-Screening Site Assessment
1. Jurisdiction: Tigard
2. Property Information (example 1 S234ABO1400) 3. Owner Information
Tax lot ID(s): Name: Fance Fitzpatrick
1S136DC00301;1S136DC00400;1S136DC00300 Company: Community Development Partners
Address: 126 NE ALBERTA STREET,SUITE 202
Site Address: Corner of NW 72nd Ave and SW Baylor St(7175,1151 City, State,Zip: Portland,OR,97211
City,State,Zip: Tigard,OR,97223 Phone/Fax: 503-756-0505
Nearest Cross Street: Corner of NW 72nd Ave and SW Baylor St E-Mail: FRANCE@COMMUNITYDEVELOPMENTPARTNERS.COM
4. Development Activity(check all that apply) 5. Applicant Information
❑ Addition to Single Family Residence(rooms,deck,garage) Name: Dave Mojica
ad Lot Line Adjustment ❑ Minor Land Partition Company: Scott Edwards Architecture
❑ Residential Condominium ❑ Commercial Condominium
Address: 2525 E Burnside,71000
❑ Residential Subdivision ❑ Commercial Subdivision
LJ Single Lot Commercial L] Multi Lot Commercial City,State,Zip: Portland,Oregon,97214
Other Phone/Fax: 4079298694
Muli-Family Affordable Housing E-Mail: dmojica@sealip.com
6. Will the project involve any off-site work? W Yes ❑No ❑Unknown
Location and description of off-site work Storm Water and ROW Improvements and under grounding of power lines to property
7. Additional comments or information that may be needed to understand your project
This application does NOT replace Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits,DEQ
1200-C Permit or other permits as issued by the Department of Environmental Quality,Department of State Lands and/or Department of the Army
COE. All required permits and approvals must be obtained and completed under applicable local,state,and federal law.
By signing this form,the Owner or Owner's authorized agent or representative,acknowledges and agrees that employees of Clean Water Services have authority
to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify
that I am familiar with the information contained in this document,and to the best of my knowledge and belief,this information is true,complete,and accurate.
Print/Type Name Dave Mojica Print/Type Title Project Manager
ONLINE SUBMITTAL Date 7/17/2019
FOR DISTRICT USE ONLY
❑ Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A
SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report
may also be required.
❑ Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200'of the site.This
Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently
discovered.This document will serve as your Service Provider letter as required by Resolution and Order 17-05, Section 3.02.1. All required permits and
approvals must be obtained and completed under applicable local,State,and federal law.
Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially
sensitive area(s)found near the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water
quality sensitive areas if they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order
07-20,Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,state and federal law.
❑ This Service Provider letter is not valid unless CWS approved site plan(s)are attached.
❑ The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2). NO SITE ASSESSMENT OR
SERVICE PROVIDER LETTER IS REQUIRED.
Reviewed by _ Date 8/8/19
2550 SW Hillsboro Highway - Hillsboro,Oregon 97123 ' • (503)681-5100 1
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RECEIVE[
OCT 17 2019
CITY OF TIGARD
PLANNING/ENGINEERir
P* R* I * D * E
DISPOSAL COMPANY
P.O. Box 820 Sherwood, OR 97140
Phone: (503) 625-6177 Fax: (503) 625-6179
September 12, 2019
Dave Moj ica
Scott I Edwards Architecture LLP
2525 E Burnside St
Portland, OR 97214
Re: Baylor and 72"d Tigard Triangle
We have reviewed the site plan for the above mentioned project. The site plan shows one trash
room 24'6" x 23'5"that will hold 4 Pride Disposal provided front load containers. There will be
a recycle room on each floor for residents and Property Management will be responsible for
bringing the recycling material to the trash room and putting it in the containers. This room is for
trash and recycling only, no other material will be stored there.
Our driver will be responsible for moving the trash and recycling containers in and out of the
trash room on collection days provided the electric pallet jack is available for our driver to
access. The site plan also shows an electronic key pad, which you will provide the code to Pride
to allow for access to the containers via the roll up door on collection days. There is a 9'0"wide
roll up door that the drivers will use to move containers in and out of the trash room.
If there are any modifications to this site plan, Pride will need be made aware of those changes
and sign off on them before the modifications can be made.
If you have any questions, feel free to contact me.
Sincerely,
Kristen Tabscott
Pride Disposal Co.
(503) 625-6177
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Tualatin valley Water District RECEIVED
e"4m ^ " OCT 17 2019
Dellveift the Best Wader _ Service _ Value
CITY
TIGARD
PLANNING/ENGINEERING
LANNIN/NGINEERING
8/8/2019
Scott Edwards Architecture
Attn: Dave Mojica
2525 E Burnside St
Portland,OR 97214
Subject: Statement of Service Availability
Dear Mr. Mojica,
Tualatin Valley Water District has adequate capacity to provide service to Tax Lots 300,301, and
400(assessor tax map 1S136DC)from the 12" in SW 72nd Ave or the 6" in SW Baylor St The
proposed use will make the necessary connections and/or extensions of water mains,as
required,to serve the subject property and will be shown on plans submitted for approval prior
to connection to the system.
Contact the Tualatin Valley Water District for requirements regarding submittal of plans for
review and approval and for review fees or any questions you may have.
Sincerely,
Sarah Alton, PE
Engineering Associate
Sarah.alton@tvwd.org
971-327-6304
18505W 1707"Avenue •Beaverton,Oregon 97,003 • Phone:503-642-1511 . Fax:503-649-2733 • www.tvwd.org
RECEIVED
City of Tigard OCT 17 2019
Pre-Application Conference Notes
PP CITY OF TIGARD
Residential Developments PLANNING/ENGINEERING
Meeting Date: May 23,2019 PRE2019-00019
Applicant: Community Development Partners
Contact: 503-756-0505; france@communitydevpartenrs.com
Agent: Lisa McClellan
Contact: 503-226-3617;lisa@seallp.lcom
Property
Location: 7175 SW Baylor, 11580 and 11550 SW 72nd Avenue
Proposal: Six-story multi-family residential building with 80 units in a mixture of 1, 2,
and 3 bedrooms as well as an upper level courtyard and community spaces.
Property to provide 64 parking spaces,both covered and surface; three into
one tax lot consolidation.
Base Zone: TMU/six story max height
Sensitive Lands: None
Overlay Zone: None
Plan District: ® Yes ❑ No
If yes,which plan district:Tigard Triangle Plan District
Required
Applications: Potentially, Site Development Review (SDR), Adjustment (ADJ), unless all
applicable development code is met;Lot Line Consolidation (LLA)
Planner: Gary Pagenstecher Contact: 503-718-2434/garyp@dgard-or.gov
Engineer: Khoi Le Contact: 503-718-2440/khoil@tigard-or.gov
Land Use Auulication Review Process
18.710 Land Use Review Procedures
If land use is required per Table 18.660.1, Required Land Use Applications, or initiated by the
applicant pursuant to 18.660.040.C, the application is subject to a Type II procedure, as provided in
Section 18.710.060. The approval authority is the Community Development Director and the appeal
authority is the Hearings Officer. Review the complete procedures in Chapter 18.710.
If land use is required or initiated by the applicant pursuant to 18.660.040.C, then a neighborhood
meeting is required,refer to Subsection 18.710.030.B and Pre-application packet for requirements.
If no land use is required, then a neighborhood meeting is NOT required and development review
process applies subject to 18.660.040.B.
For submittal requirements, refer to Subsection 18.710.030.0 and Pre-application packet for
requirements. Prior to submittal of the application,you will need to schedule an apDoimment with
the Permit Counter,503-718-2421.
Applicable Chapters
❑ 18.110 Residential Zones ❑ 18.650 Tigard Downtown Plan District
❑ 18.210 Residential General Provisions ® 18.660 Tigard Triangle Plan District
❑ 18.220 Accessory Dwelling Units ❑ 18.670 Washington Square Regional Center
❑ 18.230 Apartments ® 18.710 Land Use Review Procedures
❑ 18.240 Cottage Clusters ❑ 18.715 Adjustments
❑ 18.250 Courtyard Units ❑ 18.720 Annexation
❑ 18.260 Mobile Home Parks ❑ 18.740 Conditional Uses
❑ 18.270 Quads ❑ 18.750 Historic Resources
❑ 18.280 Rowhouses ❑ 18.760 Home Occupations
❑ 18.290 Single Detached Houses ❑ 18.770 Planned Developments
❑ 18.410 Off-Street Padang and Loading ❑ 18.780 Site Development Review
❑ 18.420 Landscaping and Screening ❑ 18.790 Text and Map Amendments
❑ 18.440 Temporary Uses 1®1 18.810 Lot Line Adjustments&Consolidations
El 1.0.4- �W0 ucices Communication Fact ties �! 18-920 Land Partitions
❑ 18.510 Sensitive Lands ❑ 18.830 Subdivisions
❑ 18.520 Significant Tree Groves ® 18.910 Improvement Standards
❑ 18.620 Bridgeport Village Plan District ® 18.920 Access,Egress&Circulation
❑ 18.640 River Terrace Plan District ® 18.930 Vision Clearance Areas
Applicable Standards
Required Tree Canopy (Section 18.420.0601
Padang Lot Tree Canopy: one tree/five parking spaces,per 18.660.070.D. Off-street vehicle parking
and loading.
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Minimum Number of Street Trees:Ten (400 lineal feet)
Street trees- Include where right-of-way improvements are required at a rate of 1 tree for 40 lineal
feet of frontage.
18.510 SENSITIVE LANDS
No Sensitive lands indicated on City of Tigard GIS layers.
18.520 SIGNIFICANT TREE GROVES
No Significant Tree Groves indicated on City of Tigard GIS layers.
No Triangle District Trees.
18.600 PLAN DISTRICTS
Applicable Plan District: Tigard Triangle
18.660.040 Review Process
C.2 Table 18.660.1, Required Land Use Applications,includes codes sections applicable to
required reviews.
CA.Adjustment application.An adjustment application is processed through a Type II procedure
as provided in Section 18.710.060.
a. An adjustment application may contain multiple adjustment requests. An adjustment may be
requested for any standard in this chapter unless specifically prohibited by this chapter. An
adjustment may not be requested to change or eliminate a required review process. The
provisions of Chapter 18.715, Adjustments, do not apply to properties in the TMU zone.
b. An adjustment application will be approved when all of the following approval criteria have
been met for each requested adjustment:
i. The proposed adjustment has public benefits and is generally consistent with the
applicable stated purposes of this chapter.
ii.The proposed adjustment includes enhancements to the pedestrian environment along the
proposed development's street frontage. Pedestrian enhancements include, but are not
limited to, the following:
• Plaza development
• District tree preservation
• Pedestrian amenities in the public right-of-way
• Pedestrian-oriented building facade design elements
iii. If proposed adjustment is needed to address development constraints associated with the
proposed development site, and the applicant has adequately explained the need and
rationale for the proposed adjustment. Development constraints include, but are not
limited to, the following:
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• Lot size, shape, or topography
• Multiple street frontages
• Protected natural resources
iv. If proposed adjustment is needed to address transportation network connectivity
standards,it includes pedestrian,bicycle, or vehicle transportation facilities where
practicable. Transportation network connectivity standards are provided in Paragraph
18.660.090.C.3.
v. If proposed adjustment is for the removal of a district tree, the applicant will pay the
district tree removal fee listed in the city's Master Fees and Charges Schedule unless a
finding is made that the proposed development site cannot be reasonably developed
without removal of the district tree. District tree information and requirements are
provided in Subsection 18.660.070.H.
C.5,Lot line adjustment, lot consolidation, minor land partition, or subdivision application.
The
provisions in Chapter 18.810,Lot Line Adjustments and Consolidations apply except as modified
below.
a. Lot size and shape must be appropriate for the proposed development or,if no development is
proposed, for an allowed use.There is no minimum lot area, width, or depth standard in the TMU
zone.
b. Lots must have frontage on, or approved access to, a public street.
c. Driveways must comply with the standards in Subsection 18.660.070.G.
U. Odic-lliag is ilut lel li' ed bet W cell 1V L.J.
18.660.060 Land Use Standards
Household Living is an allowed use in the TMU zone.
18.660.070 Site Design Standards meet all applicable standards.
18.660.080 Building Design Standards meet all applicable standards.
18.660.090 Transportation Facility Standards are addressed in Engineering's checklist.
18.660.100 Sign Standards may be applied for under separate permit.
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18.910 IMPROVEMENT STANDARDS
18.910.030 Streets
F. Future Streets Plan and Extension of Streets
Atlanta will be vdendedfmm SWI 68'h to SWI 72'd at some point in lbefmiline as a do capital impmvementpr-yed The
project may wish to develop the site in anticipation of this extension.
STANDARDS IN 18.910 ARE ADDRESSED IN ENGINEERING'S CHECKLIST.
18.920 ACCESS. EGRESS AND CIRCULATION,
Apartments, 50-100 I..
30 ft 24 ft
units curbs and 5 ft walkway required
Additional reauirements for Apartments (Subsection 18.230.040.E1:
1. Paths must provide pedestrian access from public sidewalks abutting the site to all required
building entrances on the site.
2. Paths must provide pedestrian access between all common open space areas,vehicle and
bicycle parking areas, building entrances, and service areas designed for use by residents.
Paths within parking areas or along drive aisles are subject to additional standards in
Subsection 18.410.040.B.
3. Paths must extend to the perimeter property line to provide pedestrian access to existing or
planned pedestrian facilities on adjacent properties,such as trails or public access easements.
4. Paths must be constructed with a hard surface material and have a minimum unobstructed
width of 5 feet.
18.930 VISION CLEARANCE AREAS,
Vision Clearance Areas must be:
o Maintained between 3 and 8 feet in height at intersections of roads with driveways,railroads,
and other roads.
o The size of the vision clearance area depends upon the abutting street's functional
classification and any existing obstructions within the vision clearance area.
o Vision clearance areas must be shown on the site plan and identify any obstructions in these
areas.
Service Provider Letters and Additional Contacts.
The following service provider letters are required:
5
f
® Clean Water Services
® Tualatin Valley Water District
® Pride Disposal
❑ Waste Management
Building: Mark VanDomelen, Building Official;503-718-2448 / mark-a,tiQard-or.,aov
Fire: John Wolff,Wolff,Deputy Fire Marshall II; 503-259-1504 / 1ohn.WolffQtvfr-com
ODOT: Reeionl DEVREV Applications(a�odot.state.or.us
Additional Comments or Issues
Additional Information
ENGINEERING REOUIREMENTS (Chanter 18.910 and 18.920)
All requirements relating to street and utility improvements are provided in the Engineering
Checklist.
SUBDIVISION/PLAT NAME RESERVATION
Applicant must complete and file a subdivision/plat name requires with the Washington County
Surveyors Office. The approved Subdivision Name Reservation must be submitted to the City at
time of application submittal.
SEWER REIMBURSEMENT DISTRICT
Your property may be in a sewer reimbursement district and may require additional fees upon
development. Please contact the Planning Department at 503-718-2421 in order to find out if your
property is within a sewer reimbursement district and the associated fee.
DEVELOPMENT PERMITS
Development permits will not be accepted until a land use approval has been granted. Comments
from the Building Department are not included in these notes. For specific questions, please contact
a Plans Examiner for any building code related questions or issues. Final inspections will not be
granted until all land use conditions of approval are satisfied.
REGULATED AFFORDABLE HOUSING SDC EXEMPTION
If the proposal includes regulated affordable housing, the development may be eligible to receive an
exemption of the City's Transportation and Park System Development Charges (SDC). Please
contact the SDC Administrator at 503-718-2460 or sdcamigard-or.gov for more information.
DISCLAIMER
The pre-application conference and notes cannot cover all applicable requirements related to the
proposed development. Failure of the staff to provide information required by Title 18 does not
constitute a waiver of the applicable criteria, regulations or standards. It is recommended that the
applicant read Title 18 or contact city staff with any questions prior to submittal.
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PRE—APPLICATION NOTES "
➢ ENGINEERING SECTION Q c�►« ®
Community Development
ShapingA MterCommmity
TO: Gary Pagenstecher,Associate Planner
FROM TO: Khoi Le,Principal Engineer
DATE: Thursday.May 23.2019
PROJECT NAME: Affordable Housing Development
CASE NUMBER: PRE20109-000019
PROJECT ADDRESS: NW Corner of 72nd Ave and Baylor St(7175, 11580, and 11550) SW
PROJECT DESCRIPTION: Multifamily Housing
APPLICABLE CODE: 18.660 TIGARD TRIANGLE PLAN DISTRICT
TRAFFIC
o Estimate:
■ ITE Code #221 —Multifamily Housing(Mid-Rise)
■ PM Peak Trips: 0.44 per dwelling unit
■ Total PM Peak Trips: 80 x 0.44 = 35.2
■ Vehicle Trip Ends: 5.44 per dwelling unit
• Total Vehicle Trip Ends: 80 x 5.44 = 435.2 trips
o Follow the review process in accordance with 18.660.040.3.c page 18.660-8
TRANSPORTATION
• SW 72nd Ave—Arterial Street
0 52-foot right-of-wap dedication from centerline at minimum.
• 36-foot half street pavement improvement:
• 6-foot half-center lane
■ Two 12-foot travel lanes
■ 6-foot bike lane
■ 16-foot landscape/sidewalk zone including tree wells and storm planters
o Minimum spacing of driveways and streets along an Arterial is 600 feet.
o Minimum driveway setback from an Arterial street intersection is 150 feet.
o Shared driveway with property to the north may be required due to the 600 feet spacing requirement.
• SW Baylor St-Local Street
o 32-foot right-of-way dedication from centerline
■ 18-foot half street pavement improvement:
CITY OF TIGARD,Completeness Review
Engineering Divzion,2019
• 10-foot travel lane
• 8-foot on street parking
■ 14-foot landscape/sidewalk section
o Driveway spacing shall be in accordance to Table 18.660.6
STORMWATER
• SW 72nd Ave and Ste/Baylor St
o Existing: limited public storm systems on both streets
o Improvement:
■ Storm water run-off generated by the development shall be design and constructed in accordance with CWS
Design and Construction Standards. Storm water quality,quantity, and hydromodification must be
addressed.
WASTERWATER(SANITARY SEWER)
• SW 72nd Ave and SW Baylor St
o Existing: 8"sanitary mains on both streets
o Improvement:
■ Provide a sanitary sewer service lateral to accommodate the additional flow from the development
■ All three parcels are in sewer reimbursement districts.
PORTABLE WATER
• SW 72nd Ave and SW Baylor St
o Existing: water mains are under TVWD jurisdiction.
■ Existing transmission belongs to City of Tualatin. Contact Tualatin for additional information.
o Improvement:
■ Work with TVWD for improvement requirements and Tigard for the location of the water facilities inside
the right of way.
EXISITNG OVERHEAD UTILITIES
• SW 72nd Ave and SW Baylor St
o Existing: overhead utilities located along the development frontage on 72nd Ave must be placed underground
■ Pay a fee in lieu of undergrounding for existing overhead utilities located on the opposite side of the street
on Baylor St.
GRADING AND EROSION CONTROL
o A grading and erosion control permit will be required for the construction of the development
CITY OF TIGARD,Completeness Review
Engineering Division,2018