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MMD2010-00003 NOTICE OF TYPE I DECISION V MINOR MODIFICATION (MMD) 2010-00003 TIGARD TOWNE SQUARE CHANGE OF USE 120 DAYS = 07-08-2010 SECTION I. APPLICATION SUMMARY FILE NAME: California Pizza Kitchen Dining Patio Cover CASE NO.: Minor Modification (MMD) MMD2010-00003 PROPOSAL: The proposal is to add a membrane patio cover over an existing outdoor dining area. The cover will incorporate three small signs that have been permitted separately. No other work is proposed. APPLICANT: BV CenterCal, LLC OWNER: Fancher Development Services 7455 SW Bridgeport Rd., #205 1342 Bell Ave., #3K Tigard, OR 97224 Tustin, CA 92780 LOCATION: 7315 SW Bridgeport Road, WCTM 2S113AC, Tax Lot 01201. ZONING DESIGNATION: MUC-1: Mixed Use Commercial - 1. The MUC-1 zoning district, which is designed to apply to that portion of the Durham Quarry site within the City of Tigard, is a mixed-use commercial district bounded by 72nd Avenue, Findlay Street and the Tigard, Tualatin and Durham city limits. This zoning district is intended to mirror the City of Tualatin's Mixed Use Commercial Overlay District (TDC, Chapter 57). It permits a wide range of uses including commercial lodging, general retail, offices and housing; the latter includes multifamily housing at a minimum density of 25 units/acre and a maximum of 50 units/acre. Additional uses, including but not limited to major event entertainment and motor vehicle retail fuel sales, are permitted conditionally. In addition to the standards of this chapter, development within this zone is subject to the standards of Chapter 18.640. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. MMD2010-00003 California Pizza Kitchen Decision 031010 Page 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 7315 SW Bridgeport Road, WCTM 2S113CA, Tax Lot 01201. The building addressed by the proposal is part of the Bridgeport Shopping Center, the old Durham Quarry designation. The restaurant and dining area was reviewed and constructed under an intergovernmental agreement with the City of Tualatin. Proposal Description: The proposal is to add a membrane patio cover over an existing outdoor dining area. The cover will incorporate three small signs that have been permitted separately. No other work is proposed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.11 contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. There are no changes that require additional on-site parking. Therefore this criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the n-pe of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apple. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off- site traffic would be affected. Therefore, this criterion does not apply. MMD2010-00003 California Pizza Kitchen Decision 031010 Page 2 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not increase vehicular traffic to and from the site by 100 vehicles per day. Therefore, this criterion does not apply. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The change of use does not involve an increase in floor area. The outdoor dining area is existing, previously approved. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. The proposal does not reduce the project amenities. Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of side development review approval which are not the subject of B1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. MMD2010-00003 California Pizza Kitchen Decision 031010 Page 3 THIS DECISION IS FINAL ON MARCH 10, 2010 AND BECOMES EFFECTIVE ON MARCH 11, 2010. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. March 10, 2010 APPROVED BY: Darrel "Hap" Watkins DATE Assistant Planner MMD2010-00003 California Pizza Kitchen Decision 031010 Page 4 E CALIFORNIA PIZZA KITCHEN (E)ELT RCi L RU.( w R/~fLAS R Q C92069R3 (K.Lc) Sheet 1 Of 0 BRIDGEPORT VILLAGE C TIGARD, OR ~ J~' Re out J MUELLER Detipw T HOLDEN 0 O 0 pate 11/20/09 CL 0. EXISTINGAVVNING 3:6 O t.ba n -4~;. 7 Town TO BEREMOVED. F+'~'Mae R2-104 \ V LJ a ~ Y ~ m ~ 4e O TIC ~ ~ ) EMnl..ba ' 7 J - - E si 3• : CL i 4 - DR NAFFER PHOTO eEF - - - - - Q Ft2:TH. 121160. REVISE CANOPY = R3: NR:12/17I09' REV ELEVS TO - n NOTES ON (A) SECTION r I' - -ter- - J N vOINrTy MAP OLT- J{ C~ Chandler SITE PLAN ❑-i Signs SCALE. 1132' = 1 . Ili , Y 3201 Ma .,"D-, Ta 75235 _ 21a90f1000 Fv 214902]OY 12106 Va1GVd San 210., TI( ]9216 III - - i$~'~ 210.H9.3801 F. 210.N9.9tt1 ;-P, CPK-RESTAURANT 0 W.A 70G] nbr Dn Yah, CA 92091 Fv1-11033 I III 150 E. Nw6.2"9a 2 9b.200 WoodlFnd PaM, CO 9096] 119.6912501 Fu 119.697.2506 P0.6oa 43123 Louiavik KY 1025] 502.499]660 Fv 502251.]94] 4 V L GENERAL NOTES REGARDING INSTALLATION • Unless otherwise specified, installers to provide all conduit and electrical connectors. F E B 1 7 2010 • Unless otherwise specified, installers to supply gil appropriate mounting hardware included within approved scope of work. Exposed steel poles requiring paint to be completed by installer at time of installation including provision of required paint/materials. ,-9 I T~`1^ _ • Installers procuring permits must include 1 fees in their original estimate, provide copies of application and receive final inspection. r f ' F TIGA R V r _VV I_ FEB 1 7 2016 P City of Tigard ( I TY OF TIraAF( PLAN 1! 1 INEEFAING, 1-TV, 11 101 Minor Modification - Type I 1 cation GENERAL INFORMATION In addition, the Director must find that the proposed P Add 73/5 5 W change is in compliance with all applicable requirements of Fri ress /Location (s): Title 18 of the Tigard Development Code. To complete _ op- -r ROAD , T, 4AF-D this review, the Applicant's proposal must include a Tax Map & Tax Lot #(s): discussion indicating how the site expansion/change will 5j 1 -3 " 1.20 / continue to comply with the maximum setback, building Site Size: height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Appli eant*: FAN C,!-1 ETA DEVE LOl°r6T SERA/ storage, non-conforming situations, signs, and tree Address: 1342- aE•1_l-- A yr=N 1E , S C)ITI: 3K removal may also be applicable depending on the type and City/State: 1V5T)N C'19 Zip: 'TZ790 location of the proposed modifications. Primary Contact: N 1 N l4 RA r-- "4 Phone-1W a 68-190 $ Fax: 11 Z1-- 258 - A 401 ~i E-Mail: tJ 1 AlA'R)1=AN CH Ek.D P_q Lb0 P AI&N T Ca#\ V Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one by ctyyyakt -1 (IL 'm (Applications will trot be accepted without the rA' XC5 following required submittal elements) \l -7455 54) L),11VI Address: Phone:5o M91 City/State:-Ti( ul . bV- zip: 1~2J Application Form 1 2'* Owner's Signature/Written Authorization * When the owner and the applicant are different people, the 53 Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in /Site Plan (4 Large Plans & One - Reduced to Vh" x 11 possession with written authorization from the owner or an f agent of the owner. The owner(s) must sign this application Applicant's Statement/Narrative (4 copies) I in the space provided on the back of this form or submit a Filing Fee $579.00 ,written authorization with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria FOR STAFF USE ONLI' discussed within Section 18.360.050(B) - Site Development Review or Section 18.330.020(B)(2) - Conditional Use. If the u !r.. ~ jL>> 1GGr~ modification exceeds the maximum allowed under any one or Case No.(s): Iy more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a Other Case No.(s): new Site Development Review or Conditional Use Permit. Receipt No.: -7 Applicant's Statement: Date: Tf ? The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(8) or Application Accepted By: _ 18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete: 3 L ~ to each criterion. Failure to provide the information needed Revised: 16-Oct-09 to process the application would be reason to consider an i:\ 1n\mastersVand use a lications\minor modification a .doac application incomplete and delay review of the proposal. City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.ugard-ot.gov Page 1 of 2 To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Infonnation sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: 4 The above request does not violate any deed restrictions that may be attached to or imposed upon the subject ro e 4 If the application is granted, the applicant will exercise the rights granted in accordance ,6th the terms and subject to all the conditions and limitations of the approval. ' 4 All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. 4 The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this f day of 20z_ rmees S' re Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature _.:a,,.,.va y_~..,a...~,._..._.o.,....~.».m..,m.~..~.. ,..s.. a _..~._...~A....,w...~...:...,. _v.....b w n_,,.,.,... =.a.,..-.__,:::. Cit}- of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 ~ 503-639-4171 1 vmm tigard-or.gov t Page 2 of 2 CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 • s Receipt Number: 176930 - 02/17/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2010-00003 Minor Modification to an Approved Plan 1003100-43116 $504.00 MMD2010-00003 Minor Modification to an Approved Plan - 1003100-43117 $75.00 LRP Total: $579.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 4242 STREAT 02/17/2010 $579.00 Payor: Fancher Development Services Inc Total Payments: $579.00 Balance Due: $0.00 Page 1 of 1 i Hap Watkins From: nina@fancherdevelopment.com Sent: Thursday, February 18, 2010 1:44 PM To: Hap Watkins Cc: Nina Raey Subject: Re: New Canopy (with signs shown) Thanks T am out in meetings today but review this and get the necessary documents to you to complete the submittal. Thanks Nina Sent from my Verizon Wireless B1ackBerry From: Hap Watkins <HAP@tigard-or.gov> Date: Thu, 18 Feb 2010 13:37:10 -0800 To: 'nina@fancherdevelopment.com'<nina@fancherdevelopment.com> Subject: New Canopy (with signs shown) It appears from the plans submitted for the minor modification for addition of a tensioned fabric "Patio Cover" that there are three business signs included. The signs need their separate permits and are not part of this review for minor modification. These permits can be reviewed concurrently with the minor mod if you wish. I have attached the sign permit application form that you can print (one for each sign). If Chandler Signs is installing more signs, or awning signs are changed, those need to be permitted also. I am also attaching a credit card authorization form for your convenience to help speed this process along. The permit technicians will take the fees from that authorization, then shred the authorization form and mail you the receipt with the permit. The permit applications and credit card authorization form can be faxed to 503-598-1960, attention Planning Technicians. Please refer to the land use case number MMD2010- 00003. Of course, if someone else is doing the sign permit application(s), they may follow the same process using these forms. If you have questions, please call me at 503-718-2440......... hap DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested.. e-ma ; may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are ` y the City of Tigard n corll'✓Ilarlce r;Ulth the Oreaor Administrative Rule-, °Clfy General Records Rete,ltior SchedL:!.- 1 Hap Watkins From: Hap Watkins Sent: Thursday, February 18, 2010 8:58 AM To: 'nina@fancherdevelopment.com' Cc: Hap Watkins Subject: Minor Modification @ California Pizza Kitchen Good morning Ms. Raey, I am in receipt of an application for minor modification at California Pizza Kitchen in Tigard. It does not have one of the essential elements to complete the application and begin review, namely the narrative. The narrative is to address the approval/evaluation criteria for the record. A brief statement of what the project's scope will be, its use, etc will be helpful along with the criteria responses. I am inserting the criteria in this e-mail and you may respond to each by return e-mail with the rest of your narrative. If a criterion does not apply, simply state so after each. Thanx............ hap 18.360.060.A. Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. 18.360.050.B. Evaluation criteria. The Director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; 2. A change in the ratio or number of different types of dwelling units; 3. A change that requires additional on-site parking in accordance with Chapter 18.765; 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; 5. An increase in the height of the building(s) by more than 20%; 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of Subsections B.1 through 10 above of this section. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-ma may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retaine I by the City of l 1 Chicago Title Insurance Company of Oregon ® EB 1 7 2010 PRELIMINARY TITLE REPORT GIT Y OF TIGARD March 11, 2005 TO: Chicago Title Insurance Company of Oregon Order No.: 405783 888 SW Fifth Ave. Suite 930 Escrow No.: -405783- Portland, OR 97204 Ref: Center Oak ATTN.: Malcolm Newkirk Phone No.: (503)973-7400 Extended Lender's Coverage $ 115,000,000.00 Premium $ 26,400.00 Conversion Rate Endorsement 100 - Extended Coverage $ 50.00 Endorsement 116 - Location of Improvement $ 0.00 Municipal Lien Search $ 50.00 We are prepared to issue a title insurance policy in ALTA (1992) form and amount shown above insuring the title to the property described herein. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued, and the full premium therefore paid. Dated as of March 3, 2005 at 08:00 AM Vestee: BV CenterCal, LLC, a Delaware limited liability company Subject to the exceptions, exclusions, conditions and stipulations which are part of said policy, and to exceptions as shown herein. CHICAGO TITLE INSURANCE COMPANY OF OREGON By: Tony Schadle Title Officer 10135 SE Sunnyside Road, Suite 200 Clackamas, OR 97015 phone(503)653-7300 fax(503)653-7763 9014710030.rdw Q~e 0- Dom, + 7p ~P~ Washington County, Oregon 2004-148210 12/29/2004 01:45:01 PM J D•DW Cnl41 Sms21 RECORDSI V S35.D0 $8.00 $11.00 $170,00&00. Total a $170,052.00 ti After recording return to: ` I~I~i!!illli~l . ~!i!I!I!illi 1i1 The Krasnove Law Firm 007059982ooa014 e210007go76 t, Jury Hanson,DlrtctorofAnaamantandTa: n 3838 Carson Street, Suite 210 =X=1 o Cwmq tryor* orlMash Myton Countatto y, U+d the wkMn In atrumrnt or . ranlwd and rteordod ln,tlu book or Torrance, California 4J 0503 emd naa w of aa said eeunty,iJT„',' Attn: Edward Krasnove nJerry R Hanaon, DlIrattor Amtnt and Taxebon, Ex-mdo County CIO* Until a change is requested, all tax statements shall be sent to; CerCal, LLC 649 NW 12th Street WASHINGTON COUNTY Gresham, Oregon 97030 : RE.A! PROPERTY TRANSFER TAX r ' $170000. 1 Q` N Attention: Fred W. Bruning FEE PAID DATE V) STATUTORY SPECIAL WARRANTY DEED V ~z BRIDGEPORT VILLAGE, L.L.C., a Delaware limited liability company ("Bridgeport"), as to an undivided 85.695% interest in the real property ("Property") described on the attached Exhibit A and BRIDGEPORT VILLAGE ASSOCIATES, L.L.C., a Delaware limited liability company ("Associates"; Bridgeport and Associates, being sometimes hereinafter collectively referred to as d "Grantor"), as to an undivided 14.305% interest in the Property, as tenants in common and not as U joint tenants, convey and specially warrant to BV CENTERCAL, LLC, a Delaware limited fS~ liability company, as Grantee, the Property, free of encumbrances created or suffered by Grantor -L except as specifically set forth on the attached Exhibit B. Anything herein to the contrary notwithstanding, the conveyances and warranties of each of Bridgeport and Associates, with respect to this Statutory Special Warranty Deed, are several, and not joint, in accordance with each of Bridgeport's and Associates' respective ownership interests in the Property as set forth above. THIS INSTRUMENT WILL 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 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930, The true consideration for this conveyance is $170,000,000.00. Dated as of December 29, 2004, [Signature page follows] 1 564003 00669_228630132 11i1~11111111Ei1[Llllllllll~ 2004-146210 GRANTOR: Bridgeport Village, L.L.C., a Delaware limited liability company By: Opus Northwest, L.L.C., a Delaware limited liabili company, its Manager By Ao,0'AA0-7 Name: Rs lens Its: IcF ~i2FS.a~tr~T-- Bridgeport Village Associates, L.L.C., a Delaware limited liability company By. Name: 3~ P t Its: me W 84'w [Notary page follows.] 2 5640030%6922863017-2 . N! IIlII {I II IIIlilll IIII l III 2004-146210 STATE OF OREGON } ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ?`day of December, 2004 by B. who is the ~ ~'-C- Pf er;,j Q WT of Opus Northwest, L.L.C., a Delaware limited liability company, the Manager of Bridgeport Village, L.L.C., a Delaware limited liability company, on behalf of the limited liabili company. OFFlCIALSEAL Notary Public for the State of DEBORAH A. BAKER NOTARY PUBLIC-OREGON MY Commission Expires a-0-6 COMMISSION NO. 377523 MYcOMMISSION EXPIRES FEBRUARY 17.2008 STATE OF OREGON ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me thisA day of December, 2004 by ; 45 a Rua koL., , who is the !)094A o t& of Bridgeport Village Associates, L.L.C., a Delaware limited liability company, on be f of the limited liability company. OFFICIAL SEAL Notary Public for the State of AAPr-"'- DEBORAH A. BAKER My Commission Expires r~ t 7,0g NOTARY PUBLIC-OREGON COMMISSION No. 377523 MY COMMISSION EXPIRES FEBRUARY 17,2W8 3 564003_006692863017 2 f . II~Ilillll4llilli11111111111 Exhibit A Legal Description Parcel I: Parcel 2, PARTITION PLAT No. 2004-016, recorded as Document No. 2004035590, in the City of Tualatin, County of Washington, and State of Oregon. Parcel IL A portion of the Northeast 1/ of Section 13, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, being more particularly described as follows: Commencing at the Iron Pipe marking the Southwest Corner of Lot 19, Council View Acres, a Plat of Record in Washington County; thence along the South line said Lot 19, being also the South line of the Northeast of Section 13, Township 2 South, Range 1 West, Willamette Meridian, S88°50'31"E, 146.84 feet to Southeast Comer of said Lot 19 and the True Point of Beginning; thence along the East line of said Lot 19, NO] 005'30"E, 277.00 feet to the Northeast Corner thereof; thence along the North lines of Lots 18 through 11, inclusive, said Plat, S88°50'3 I "E, 1132.60 feet to a point of non-tangent curvature; thence leaving said line, along the are of a 369.00 foot radius curve concave to the Northwest, through a central angle of 11°40'40" (chord bears Sl0°58'58"W, 75.08 feet) a distance of 75.21 feet to a point of non-tangency; thence S61°53'33"W, 33.64 feet to a point of non-tangent curvature; thence along the are of a 346.00 foot radius curve concave to the Northwest, through a central angle of 10°45'51" (chord bears S26°08'27"W, 64.91 feet) a distance of 65.00 feet to a point of non-tangency; thence S 10°58'55"E, 21.07 feet to a point of curvature; thence along the are of a 27.00 foot radius curve concave to the Northwest, through a central angle of 48°10'20" (chord bears S13°06'15"W, 22.04 feet;) a distance of 22.70 feet to a point of compound curvature; thence along the arc of a 369.00 foot radius curve concave to the Northwest, through a central angel of 03°04'03" (chord bears S38° 43'27"W, 19.75 feet) a distance of 19.76 feet to a point of tangency; thence S40°15'29"W, 51.41 feet; thence N49°44'31 "W, 7.00 feet; thence 540°15'29"W, 15.00 feet; thence S49°4431 "E, 7.00 feet; thence S40°15'29"W, 23.70 feet the South line of the Northeast Corner of said Section 13; thence along said line, N88°50'31 "W, 993.71 feet to the Point of Beginning. PARCEL III: Parcel 1, PARTITION PLAT No. 2004-016, recorded as Document No. 2004035590, in the City of Tualatin, County of Washington, and State of Oregon. PARCEL IV: Those easement rights set forth in that certain Easement Agreement dated December 18, 2003, between Renee Day and Seller, recorded April 22, 2004 as Fee No. 2004042708. A-1 564003_00669 22863017_2 1 . " IlIIlIlIIIIIIIIIIIIIIIIIIflI 2004_148210 PARCEL V: Those easement rights set forth in that certain Declaration of Reciprocal Easements, Covenants, Conditions and Restrictions dated as of June 25, 2004 and recorded June 25, 2004 as Fee No. 2004-073002. A-2 564003_00669_22863017_2 2004-148210 Exhibit B Permitted Exceptions i . General and special taxes and assessments not delinquent as of the date hereof. 2. These premises are within the. boundaries of the Clean Waxer Services District and are subject to the levies and assessments thereof. 3. Relinquishment of Access as contained in Deed, recorded June 21, 1973 in Book 931, page 497. From Washington County, a political subdivision of the State of Oregon, to State of Oregon, by and through its State Highway Commission. 4. Conditions and restrictions set forth in Deed recorded March 18, 2004 as Fee No. 2004- 27521 of Official Records. 5. The terms and provisions contained in the document entitled "Easement Agreement" recorded April 22, 2004 as Fee No. 2004-042708 of Official Records. Renee Day and Bridgeport Village, L.LC., a Delaware limited liability company. 6. The terms and provisions contained in the document entitled "Declaration of Reciprocal. Easements, Covenants, Conditions and Restrictions" recorded June 25, 2004 as fee No. 2004-073002 of Official Records. 7. The terms and provisions contained in the document entitled "Easement and Declaration of Restrictions" recorded July 21, 2004 as Fee No. 2004-083669 of Official Records. 8. Covenants, conditions, restrictions and easements in the document recorded October 18, 2004 as Fee No. 2004-120175 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, mantal status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United, States Codes, Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 9. The terns and provisions contained in the documents entitled "Sidewalk Maintenance Agreement" recorded October 22, 2004 as Fee No. 2004-172565 of Official Records- 10. An easement for sanitary sewer and waxer line and incidental purposes, recorded November 4, 2004 as Fee No. 2004-127224 of Official Records. 11. The terms and provisions contained in the document entitled "Grease Interceptors Maintenance Agreement" recorded November 24, 2004 as Fee No. 2004-134945 of Official Records. B-1 564003 00669_286301?_ Illfllil iif Iilllllilllll I III 2004-1482,0 12. An unrecorded lease dated as of September 299, 2004, executed by Bridgeport Village, L.L.C., a Delaware limited liability company as lessor and The Container Store, Inc., a Texas corporation as lessee, as disclosed by Memorandum of Lease recorded December S, 2004 as Fee No. 2004-139644 of Official Records. 13. An unrecorded lease dated October 6, 2003, executed by Bridgeport Village, L.L.G., a Delaware limited liability company as lessor and Regal Cinemas, Inc., a -Tennessee corporation, as lessee, as disclosed by a Memorandum of Lease recorded December 14, 2004, as Fee No. 2004-141711 of Official Records. 14. Rights of tenants, as tenants only, under unrecorded leases. 15. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 16. The terms and conditions contained in the document entitled "Memorandum of Purchase and Sale Agreement" recorded December 16, 2002 as Fee No. 2002-152814 of Official Records. B-2 564063_00669_22"3017 2 Chandler Signs, ~P J January 13, 2010 EB 1 7 201 t;i7'Y OF TIGAH' Location: California Pizza Kitchen r ; A.;;,,, Bridgeport Village , Tigard, OR Design C92049R3 The enclosed design (C92049R3) is to show the proposed canopy for the California Pizza Kitchen - Bridgeport Village, Tigard, OR location. The proposed canopy would cover the existing patio area. All necessary City permits and Code would be followed in the completion of this canopy. Outline of Scope of Work; Manufacture and install canopy to cover existing patio Manufacture and install drop down curtains along perimeter of canopy Install heaters and ceiling fans Install sprinkler system as required by City Code I 1335 Park Center Drive Unit C Vista, California 9208 1 (760) 967-7003 Fax(760)967-7033 www.chandlersigns.com I t24 0" Celifor 9 CALIFORNIA PIZZA KITCHEN C92049R3 TYPICAL CANOPY SCALE: 3116" = 1'- 0" Sheet 4 of 6 GENERAL SPECIFICATIONS. BRIDGEPORT VILLAGE FABRIC: COOLEY WEATHERTYTE SUNFLOWER YELLOW wl BLACK VALANCE (ALL FIRE RETARDANT) TIGARD, OR FRAME: ALUM TUBE (WELDED CONSTRUCTION) PAINTED BLACK WISTIFF VALENCE. OPEN AT ACtount ,1 MUELLER BOTTOM. ATTACH TO WALL wl NON-CORROSIVE MOUNTING HARDWARE (TYP). Rep. Cam. HEATTRANSFERRED WHITE. Designee T HOLDEN SLOPE SUPPORT PIPES (PROVIDED BY GC): 5" SCHED 40 STEEL PIPES PAINTED BLACK. PIPES ARE Date 11120109 CONNECTED AT TOP Wl STEEL CHANNEL WELDED BETWEEN. ~+I WINDSCREEN: BLACK FABRIC BELOW HANDRAIL; CLEAR ABOVE. M_ sw. Eatl--m 6r p Enk-l a6 w w R1 DR 12J03/09 ADD BEFOREIAFTER PHOTO. R2 '.TH:IN16M REVISE CANOPY. SLOPE R3'NR'.11J17M REVELEVSTO NO ARCH NOTES ON(A) SE ~ION$REV a a Chandler Signs 21 NaWu%. 21x9021000 Faa214.9Q.2- 12106Va11-SanA W,TX16216 210.]W.I604 N,210.3W1724 1335ParkG % Dr.wn,CA92W1 760.961.100] 1ak760.961.7033 150 E. Hwy. 246100.2 6L. 200 wmx4M Park, co 6066] 719.661.2501 Faa119667.2506 oeo re u3 ~ r~RifiYl4Ri® ~ I®i1~kYYr11Y1 ~i OME, IOJIii! _ i_ kYiief ~e~16i Y~666t ~ Y ~ )♦l~ l~6~s•~ TM V ' -91'- 7" STOREFRONT ~erFO~~~e EO EO H CALIFORNIA PIZZA KITCHEN ' C920I R3 T -~o Sheet 3 of 6 c a I I f O r n I a BRIDGEPORT VILLAGE a1ZZA 1CITCHErA TIGARD, OR Rep. J MUELLER RETAIL cED7 Designer T HOLDEN Date 11/20/09 I, i Engineering - - = larWlard DBRI SOUTH ELEVATION R1 DR 11J03/09 ADD BEFOREIAFTER PHOTO. SCALE: 3/32" = 1' - 0" R2 TH:1916109:REVISE CANOPY. R3:NR:12J17/09: REV ELEVS TO SHOW NO ARCH NOTES NOTES ON (A) SECT ONSREV :t69'- 1" STOREFRONT Ej Q EQ 1 - - Gallfornia PIZZA KITCHERI c> Chandler -i Signs r - - - 3201 Manor Way Dallas 7%75235 2119022000 Fa. 211 9 0 2 2 011 O +I - - - - - - Valliant San Antonio T)( 78216 210.3 L1. n 210.719.3861 Fax 210 ]19 8721 LL LL - - l.L 1335 Park Camar Dr. Ys6a, CA 92081 Q 760.967.7003 Fax760.967.7033 EO 11 , - - oO 750 E. Hvey. 2/ Bldg. 2 Sla. 200 Wootllwd Park, CO 80863 J I IL / M / r ~ ~ ~ I II 719.6873507 Fax 719.687.2506 _ 40253 P.O. Box 13123 Lou x502.254.3843 ' 502.689.3660 Fax EAST ELEVATION SCALE: 3/32" = r - 0' LECTRICAL mECTIOIN