Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
VAR2005-00054
Case Activity Listing 7/7/2006 12:05:11 PM T I D E M A R K Case VAR2005-00054 COMPUTER SYSTEMS. INC. ' Assigned Done Updated Activity Description Date i Date 2 Date 3 Hold Disp To By By Notes VAR1020 Application received 5/23/2005 None DONE CAC 5/24/2005 CAC VAR1030 Case created 5/24/2005 None DONE CAC 5/24/2005 CAC VAR1050 Planner assigned 5/24/2005 None DONE CAC 5/24/2005 Morgan Tracy. CAC • VAR1100 Application voided 8/5/2005 None VOID MET PLL 8/5/2005 Based on discussions with PLL Engineering staff, the city has determined that an access spacing adjustment is not necessary for this project for the following reasons: 1. The non-conforming access lies along Pacific Highway 2. Pacific Highway is an ODOT managed facility. 3. ODOT has reviewed the existing access and determined that no modifications are necessary to continue use of the driveway. 4. ODOT has greater authority over its road system than the City of Tigard. 5. The City's criteria for an adjustment could result in a different decision from ODOT. 6. Therefore, if ODOT has permitted this access, the City does not have the authority to override this decision. Page 1 of 1 CaseActivity..rpt Ie , 51® U4 d4 ki Exit NNowq ~Open Task List GBE GIS 0 LS C X C) 123 close View Add Delete Insert Renumber Multi-Cost Print Condition 0001 APPLY FOR ADJUSTMENTS TO 1 Updated &5.2006 By GBP "Edit t Condition Met: F Date /6/2006 By GBP Hold Level No Hold Report Tag Condition Text 17. The applicant must apply for adjustments to Sections 18.706.030.H.2 and Help 18.706.030.H.3. The adjustments must be granted prior to issuance of the site permit. (NOTE: See VAR2005-00064 for partial compliance with this condition!) Cancel L~ Number of Dwelling l' 13 DURHAM RD RESTRICTIVE COVENANT Nat Met KSM 328 I 14 PROVIDE PUBLIC SIS CONNECTION Not Met KSM 3128 f Resolution Nut,, 15 SHOW PUBLIC H2O LINE EXTENSIONS Not Met KSM 3128 Zo 16 EROSION CONTROL PLAN Not Met KSM 3128 - 18 PROVIDE PUBLIC H2O LINE EASEMENT Nat Met KSM 3128 19 IMPROVEMENTS PER APRVD. PLANS Nat Met MET 3128 20 PAY H2O QUAL/QUANT. FEE IN-LIEU Nat Met KSM 3/28 21 COMPLETE ROW WORK-GET APPROVAL Nat Met KSM 328 s _ 22 PUBLIC IMPRV. AS-BUILT DRAWINGS Not Met KSM 328 23 RESERVE ADDTN'L DURHAM RD. ROW Not Met KSM 328 ! Ready - - - - - r-?n - - -~.~ay~~~-~- - - - - - - - - - - - - - - - J/11~~ - - - - - ',`21v^1:~.L' o - ° IMio lC~:~7 u•7 U1~u1fLX1JU.J ~J.~ o_- - - - - ■ M or lI ~oc ~u°U V/ a: CITY OF TIGD OREGON August 19, 2005 ° SN Investment Properties 1121 SW Salmon St. Portland, OR 97205 Attn: Colleen Duncan Re: Permit No. VAR2005-00054 Dear Ms. Duncan: The City of Tigard has canceled the above referenced permit(s) and enclose a refund for the following: Site Address: 16200 SW Pacific Hwy. Project Name: Tigard Towne Square Job No.: N/A Refund: Check #40500 in the amount of $566.00. Credit card "return" receipt in the amount of $N/A. Notes: Variance permit not required. Refund 100% of all application fees. If you have any questions please contact me at (503) 718-2430. Sincerely, Dianna Howse Permit Specialist. Enc. is\Building\Refunds\LtrRefund-CancelPermit.doc 05/04 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 City of Tigard Check Refund Request City o Tigard This form is used for refund requests of permit application fees paid by check transactions only. Receipts, documentation and applicant's request for refund, if applicable, must be attached to this form. Approved request due to Tidemark System Administrator by Friday at 5:00 PM for processing each Monday. Accounts Payable will route refund checks to Tidemark System Administrator for distribution and refund of case fees. VENDOR NO.: DATE: August 8, 2005 PAYABLE TO: SN Investment Properties REQUESTED BY: Dianna Howse 1121 SW Salmon St. Portland, OR 97205 Attn: Colleen Duncan TRANSACTION Receipt 2005-2313 Case VAR2005-00054 INFORMATION: Receipt Date: 5/23/05 Site Address: 16200 SW Pacific Hwy Check 26006722 Project Name: Tigard Towne Square EXPLANATION: Application not required. Refund 100% of all fees. .EXPENDITURES-.; _ ' ; • ` Fee Descri_pgQii From Receipt ^ - -rr .Revedue*Acconnt No. " . $ Amount Exa le: UILD Permit Fee F.x` le:' 145-0000=432000' . [LANDUS Special Adjust 100-0000438000 $566.00 TOTAL REFUND: $566.00 APPROVALS: (IF UNDER $50) Section Manager/Professional (IF UNDER $2500) Division Manager (IF UNDER $7500) Department Manager (IF UNDER $25000) City Manager (IF OVER $25000) Local Contract Review Board FOR TIDEMARK SYSTEM ADMINISTRATION USE ONLY Case Refund Processed: Date: By: i:\Building\Refunds\RefundCheckRequest.doc 03/05 CITY OF T,IGARD, OREGON 40500 j Vendor: SN Investment Properties Check Date: 08/12/2005 Vendor No: Per00240 Vendor Acct No: Check Amount: $566.00 Invoice Number Date Description Invoice Amount Refund-Permit 08/08/2005 VAR2005-00054/Tigard Town Square 566.00 <cr0 ~S9 tF3ta-.larm . o : o . , *ra~T CITY OF TIGARD US BANK 24.22 40500 13125 S.W. Hall Blvd. PORTLAND, OREGON 97204 1230 ~tl Tigard, OR 97223 (503) 639-4171 CITY OF TIGARD Fed. I.D. # 93-0503940 VOID AFTER 180 DAYS Pay: Five hundred sixty-six dollars and Zero cents Date Amount 08/12/2005 $566.00 To the order of. SN Investment Properties 1121 SW Salmon Street Portland, OR 97205 __~Y SECURITY FEATURES INCLUDED. DETAILS ON BACK. ' - MEMORANDUM TO: Case File VAR2005-00054 FROM: Morgan Tracy, Associate Planner RE: Voiding Application DATE: August 5, 2005 Based on discussions .with Engineering Staff, we have determined that an access spacing adjustment is not necessary for this project for the following reasons: 1) The non conforming access lies along Pacific Highway 2) Pacific Highway is an ODOT managed facility 3) ODOT has reviewed the existing access and determined that no modifications are necessary to continue use of the driveway. 4) ODOT has greater authority over its road system than the City of Tigard. 5) The City's criteria for an adjustment could result in a different decision from ODOT. 6) Therefore, if ODOT has permitted this access, the City does not have the authority to override this decision. AUG-01=1005 02:56PM FROM- T-383 P.001/005 F-548 STOA / EKA Architects From, "Del Huntington" <dhuntington@kittelson.com> To., <eke.architects@verizon,net> Sent: Monday, August 01, 2005 11:10 AM Attach: 1618234074.doc Subject: FW: ODOT Comments SDR 2004-00013 OK, so I got that mixed up. This email includes the memo from the Region 1 planner. The email that I just forwarded to you Is the correspondence between John Bosket, the Region 1 Access Management Engineer and myself, Thanks Del -----Original Message----- From: Mash.B.DANIELSON@odot.state.or.us [maiito:Marah,S.DANIELSON@odot.state.or.usl Sent: Thursday, February 10, 2005 11:59 AM To: morgan@ci.tigard.or.us Cc: Del Huntington; Sam. H. HUNAIDI@odot.state.or. us; Kathleen.M.FREITAG@odot.state.or.us Subject: ODOT Comments SDR 2004-00013 Hi, Morgan, Attached are ODOT comments on the Tigard Towne Square Retail Expansion, If you have any question, please contact me at 503-731-8258, Thanks, Marah <<1618234074.doc» ;::-A X ~t?y mF 'T7 CeE.ld.O ~t►b1Qt+t1r~~ a s-r m POP- A 44aMAwS -AT ~IGm~D ToW'~.~~tbe~S 8/1/2005 AUG-01-2005 02:56PM FROM- T-383 P.002/005 F-548 , " . o regon Oregon Department of Transportation ODOT Region 1 ThmWurc TL. Kulango,kl, Guvcmor 123 NW Flanders St Portland, OR 97209 Telephone (503)731'8200 FAX (503)731-5259 ODOT Response to Local Land Use Notification Jurisdiction: City of Tigard Case SDR2004-00013 Applicant: Project Name: Tigard Towne Square Expansion Address: 16200 SW Pacific Highway Tigard Legal Description: Tax Lot s State Highway: OR 99W Mile osts: - TRAFFIC CONTACT: Kathleen Freitag Phone: 503-731-8220 Traffic Analyst PERMIT CONTACT: Sam Hunaidi ODOT District: 2A Phone: 503-229-5002 Access Mgt & En ineerin Coordinator The site is adjacent to the referenced state highway. ODOT has permitting authority for the state highway and an interest in ensuring that the proposed land use is compatible with its safe and efficient operation. A" We have reviewed the applicant's proposal to replace the existing service station with 8,400 SF of retail and to construct a 1,400 SF fast food drive through on an existing vacant building pad at the shopping center. The proposed uses do not trigger a change of use of the existing ODOT Approach Road Permit. Thank you for the opportunity to review and comment on the proposed development. Sign d: Marah Danielson Develo rent Review Planner Phone: 503-731-8258 Date: 2/1012005 ODOT Log No: 1618 ° AUG-01-005 02:56PM FROM- T-383 P.003/005 F-548 - - STOA / EKA Architects From: "Del Huntington" <dhuntington@kittelson.com> To: <eka. arch itects@verizon. net> Sent: Monday, August 01, 2005 11:07 AM Subject: FW: Tigard Towne Square, Pacific Highway 99E This memo is to the City of Tigard, from one of the ODOT Region 1 planners.. Del -----Original Message----- From: Maralh.B.DANIELSONOodot.state.oUlq [rnailto:Marah.B.DANIELSON@odot.state.or.us] Sent: Thursday, February 10, 2005 11:15 AM To: Del Huntington Subject: RE: Tigard Towne Square, Pacific Highway 99E Thanks for tracking this down. Sorry our files are not accessible right now. -----Original Message----- From: Del Huntington [mailto:dhuntington@kittelson.com] Sent: Thursday, February 10, 2005 11:14 AM To: DANIELSON Marah B Subject: RE: Tigard Towne Square, Pacific Highway 99E -----Original Message----- From: Del Huntington Sent: Thursday, February 10, 2005 11:12 AM To: 'Marsh.B.DANIELSON@odot.state.or.us' Subject: FW: Tigard Towne Square, Pacific Highway 99E -----Original Message----- From: John A.BOSKET.. ,odot.state.or.us [mailto:John.A.BO SKET@odot, state.or.us] Sent: Friday, July 23, 2004 9:23 AM To: Del Huntington Cc: Rkyte~a Lan. ly.Com; el~a,~a~~teleport.com; Chris Brehmer; !L .l,eendharsch.com; San-i. H TJ[)EAIDI@odot.state.or.us; Marsh.B.DANIELSON& 91.state.or.us; Raphael.T _H _ U u odot.state.or.us Subject: RE: Tigard Towne Square, Pacific Highway 99E 8/1/2005 AUG-01-2005 02:56PM FROM- T-383 P.004/005 F-548 • v Del - C I've taken a look at your memo and concur with the finding that this proposal would not constitute a change of use from the existing approach permits. - John John, Bosket, P.E. Region 1 Access Management Engineer Oregon Dept. of Transportation 123 NW Flanders St. Portland, OR 97209 (P): 503-731-3427 (F):503-731-8259 -----Original Message----- From: Del Huntington [mailto:duntnngton@kittelson.com] Sent: Thursday, July 22, 2004 9:56 AM To: BOSKET John A Cc: Randy Kyte (E-mail); Robert Klas (E-mail); Chris Brehmer; Colleen Duncan Subject: Tigard Towne Square, Pacific Highway 99E Good morning John. I am forwarding a memo to you for your review and concurrence, regarding the Tigard Towne Square proposed re-development. As we discussed earlier, I have shown the estimated number of weekday p.m. peak trips for the existing gas station and car wash as compared to the proposed re-development of 8,400 square feet of retail. I have also included a 1,400 square foot fast food restaurant that would be developed in the south-west quadrant of the property as well as the 8,000 square foot "Dollar Store" that was developed approximately one year ago. Along with the memo, I have attached copies of the permits for each of the site driveways to Highway 99E, issued to Westwood Corporation in 1987. Also included is a section from the ODOT RAV file describing a reduction and indenture of several reservations of access to a total of two reservations of access to Highway 99E. The existing reservations of access accoxmnodate the present approaches to the site. District staff was concerned that the permits were for different properties as the distance is 729.55 feet between approaches. During my site visit on rune 4, 2004, I measured the distance between the two site driveways at 725 feet. (I need to improve my measuring technique). I am confident that the two permits are for the Tigard Towne Squarc, and at the reservations of access as identified in the 1987 indenture of access. 8/1/2005 . AUG-01-2005 02:57PM FROM- EKA , 0 • T-383 P.005/005 F-548 From: "Oel Huntington" <dhuntington@kittelson.cam> To, <randyk@harsch.com>; <colleend@harsch.com> Cc: "Chris Brehmer" <CBREHMER@klttetson.com>; "Robert Was (E-mail)" <eka@teleport.corn> Sent: Friday, July 23, 2004 10:34 AM Suhject. FW: Tigard Towne Square, Pacific Highway 99E Congratulations, ODOT has agreed to the findings and is satisfied that the project can go ahead as planned. They will n6t require a Traffic Impact Study for this development, nor will they need to be involved from this point forward. John Bosket, ODOT Region 1 Access Management Engineer, informed the appropriate ODOT District staff of his decision in the email that he distributed. During the pre-application meeting with the city last month, the city traffic engineer wanted to ensure that ODOT's concerns were met. Outside of that requirement, her concern was to ensure that the sight triangle standard in the city code is satisfied. This standard should be addressed at the site plan continues to be developed. Please let us know if•we can be of further assistance. Oel Huntington -"Original message--- F "I'M: Jghn.A,,t3~SKT@oclo stat~e~ar u_,s ,,:n,oto:John A_BO t~ T@odQt_st~te.or:usJ Sent: Friday, July 23, 2004 9:23 AM To: Del Huntington CC: ,Rl<.Yte@Lancly_.Com; eLa@Le.Leport_com; Chris Brehmer; ~olle;~n~@_harsch cv..,m; Sim,_Fi.,~-ltl~Ait~lr@odQt,~a~e..2 us; ?}larh~6.Dry_N..IL,S~[~Qot.St~~.or.us; Ri_@Ldot_skto_or; Subject: RE: Tigard Towne Square, Pacific Highway 99E Del Ne taken a look at your memo and concur with the finding that this laroposal would not constitute a change of use from the existing approach Permits. John John Bosket, P.E.-- F'Iegion 1 Access Management Engineer 0 regon Dept. of Transportation 123 NW Flanders St. F"Ortland, OR 97209 (P): 503-731-3427 (F): 503-731-8259 • PRE,APP. HELD BY: CITY OF TIGARD PLANNING DIVISION 13125 SW' HALL BOULEVARD TIGARD, OR 97223-8189 503.639.41711503.684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION File # V oa5- oa Other Case # SDRaU oV -0OO 13 Date 5-a4 - 0S By ® Receipt # a~S ~3 3 City K] Urb ❑ Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR &Adjustment/Variance (I or 11) ❑ Minor Land Partition (11) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment (IV) ❑ Historic Overlay (ll or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (11 or III) (Address i avai a e l~z~Q S \u A 2 S ( ( 5 e7fA 7-1- (q I G-Z1 S`Tm A-, LF=- k-' A to-CHI c-- t4 -PRONt NU. t-AA NU. ~503 - -4 5 93 - ac is i more an one N Tt-4 'I 12 I S\~ Sp~mK ~T ~ ~Tt~,~ O~ 2q5 HHUNIL NU. ©24-4- 5~j - 22~ ~~~Z3 "When the owner and the applicant are different people, the applicant must be purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The ners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PRUPOSAL SUMMARY ease be specs is cL~S SP > E S--rcy e-4 I C, 'V-'4S<:2 e-4 I \ sT SSA Dl~b 1'~C ~V1 740W co A cy a <--to ry'2Pt--1 ofD07- A P P ''t' w s a2 v E a APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits. transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date MAY-18-2005 08:41AM FROM- T-064 P-002/004 F-972 THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan, attachments, and exhibits. transmitted herewith, are true; and the applicants so acknowledge that any permit Issued, based on this- application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. 5 Ia- ow~6,s Sig tune Date. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/AgenURepresentative's Signature Date CITY OF TIGARD LAND USE APPLICATIONS BASIC SUBMITTAL REQUIREMENTS This checklist identifies the basic submittal requirements for a land use application. BASIC INFORMATION: ❑ Completed Master "Land Use Permit" Application with property owner's signature or name of agent and letter of authorization ❑ Title transfer instrument or grant deed W&(,- • Written summary of proposal ❑ Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) ❑ Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with. 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). WA F-- - ❑ Documentary evidence of Neighborhood Meeting for the following: Site Development Review, Subdivision, Conditional Use, Sensitive Lands Review, Zone Change, Comprehensive Plan Amendments. .G~(p ❑ Neighborhood Meeting Affidavits of Posting & Mailing Notice, Minutes, Sign-in Sheets 1411~ ❑ Service Provider Letter No ❑ Impact Study per Section 18.390.040.B.2.(e) ❑ Copy of the Pre-Application Conference notes Filing Fee (see fee schedule) PLANS REQUIRED: In addition to the above basic information, each type of land use application will require one or more of the following maps or. plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION -(See separate attachment for details on what information to include on each plan): Vicinity Map ❑ Preliminary Grading/Erosion Control Plan Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan Site Development Plan ❑ Architectural Drawings (elevations & floor plans) 4 Landscape Plan ❑ Sign Drawings ❑ Public Improvements/Streets Plan NUMBER OF COPIES REQUIRED: The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR PURPOSES OF REVIEWING YOUR APPLICATION FOR COMPLETENESS, ONLY 3 COPIES ARE NEEDED. THE BALANCE OF THE COPIES WILL BE REQUESTED FROM YOU, ONCE DEEMED COMPLETE, TO MAKE YOUR APPLICATION SUBMITTAL COMPLETE. h:\patty\masters\application submittal requirements.doc UPDATED: 26-Jun-02 CITY OF TIGARD 13125 SW Hall Blvd. Tigard, Oregon 97223 (503) 639-4171 Receipt 27200500000000002313 Date: 05/23/2005 ' Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00054 [LANDUS] Special Adjust 100-0000-438000 566.00 Line Item Total: $566.00 Payments: Method Payer User ID AcctJCheck No. Approval No. How Received Amount Paid • Check SN INVESTMENT PROPERTIES CAC 26006722 In Person 566.00 LLC Payment Total: $566.00 • cReceipt.rpt Page I Of 1 • w May 23, 2005 NARRATIVE For adjustment to access spacing requirements per section 18.705.030 at Tigard Town Square, 16200 SW Pacific Highway. Note that all these driveways are existing, and complied with ordinance requirements when they were constructed. Subsequent changes to the ordinance now make the driveways non compliant. Apparently, "Grandfathering" of existing work is not an allowable option. Therefore, this project for the 8400 SF Phase III Building (which is an increase of less than 5% of the total building area of the Center) triggers a requirement for an adjustment to make two existing driveways legal - again. The 2 westerly driveways on SW Durham Road are 303' apart rather than 600'. The northerly driveway on SW 113th Avenue is 105'-8" from the intersection rather than 150'. Also see enclosed copy of email for John Bosket at ODOT which indicates they have no problem with the existing driveways. In fact, these driveways have functioned efficiently for many years with no problems. The following is in response to Section 18.370.020, C,3: 1. There is no way sharing access would bring these driveways into compliance with the current Ordinance. 2. Alternative access points are not feasible. All driveways on to this property are existing and have been in place for many years. Internal circulation is also in place and coordinated with these driveways. This layout has functioned well for many years. Moving the east driveway on Durham Road 300' to a 600' separation would make it too close to 113th Avenue. Moving the north driveway on 113th Avenue 45' would not work with the internal circulation. 3. As noted above access separation requirements cannot be met without a total redesign of the existing Site. STOA INTERNATIONAL* EKA • ARCHITECTS • PLANNERS MANAGERS • 6775 SW 111th Avenue, Suite 20 • Beaverton, OR 97008 (503) 644-4222 Fax (503) 644-6567 STOA: SUPERB TEAM OF ARCHITECTS, ANCIENT GREEK COLONNADE, THE SOURCE OF STOICISM 4. For all the reasons noted above, this is the minimum ad v required to provide adequate access. It requests no changes, but only to maintain an existing successful site layout. 5. These current accesses have been functioning in a safe manner for many years. 6. Vision clearances were approved in the Site Development review completed a couple months ago. STOA INTERNATIONAL* EKA • ARCHITECTS • PLANNERS • MANAGERS • 6775 SW 111th Avenue, Suite 20 • Beaverton, OR 97008 (503) 644-4222 • Fax (503) 644-6567 STOA: SUPERB TEAM OF ARCHITECTS, ANCIENT GREEK COLONNADE, THE SOURCE OF STOICISM ti EKA From: "Del Huntington" <dhuntington@kittelson.cor,> To: <randyk@harsch.com>; <colleend@harsch.com> Cc: "Chris Brehmer" <CBREHMER@kittelson.com>; "Robert Klas (E-mail)" <eka@teleport.com> Seat: Friday, July 23, 2004 10:34 AM Subject: FW: Tigard Towne Square, Pacific Highway 99E Congratulations, ODOT has agreed to the findings and is satisfied that the project can go ahead.as planned. They will not require a Traffic Impact Study for this development, nor will they need to be involved from this Point forward. John Bosket, ODOT Region 1 Access Management Engineer, informed the appropriate ODOT District staff of his decision in the email that he distributed. During the pre-application meeting with the city last month, the city traffic engineer wanted to ensure that ODOT's concerns were met. Outside of that requirement, her concern was to ensure that the sight triangle standard in the city code is satisfied. This standard should be addressed at the site plan continues to be developed. Please let us know if we can be of further assistance. Del Huntington --Original Message----- From: ,lohn.A,B_OSKFT@a got,state._or_us. . IMI.Ro _,1ohn,A _EC3Sl, ET ci state. or,us] Sent: Friday, July 23, 2004 9:23 AM To: Del Huntington Cc: RkY_te@Langly,Cpm; etch a?teleport,com.; Chris Brehmer; e'otlae d@harsch__com; Sam... H.FIUNAffl{_@odot.state ^or us; §_-rah:_B,DA~d1ELSU @o of Gtate or us; ttiaphael_T {~i Ot)_@odot.,state.or tas subject: RE: Tigard Towne Square, Pacific Highway 99E Del - I've taken a look at your memo and concur with the finding that this Proposal would not constitute a change of use from the existing approach Permits. John John Bosket, P.E. Region 1 Access Management Engineer Oregon Dept. of Transportation 123 NW Flanders St. Portland, OR 97209 (F'): 503-731-3427 (F): 503-731-8259 <2 S 'd't K~ M C~~Cn c ra, 5~3 - ~e 4 - OZ 1 52- 12/20/2004 16:25 5036256179 P,IDE DISPOSAL COMPM PAGE 02/05 rt *R*I* *E DISPOSAL COMPANY P.O. Box 820 Sherwood, OR 97140 Phone: (503) 625-61.77 Fax: (503)Q5-6179 December 20, 2004 STOA Znt'1 ERA Architects & Planners, PC 6775 SW 11 V" Ave Suite #20 Beaverton, OR 97008 Re: Tigard Town Square (Account #948594) We have reviewed the site plan for the enclosures at Tigard Town Square located at 16200 SW Pacific Hwy, and with the following stipulation we will approve the enclosures. We stipulate that the inside dimensions of the new enclosure that is being built be 20 feet wide and 10 feet deep. We also stipulate that the enclosure has full swinging gates with lock back gates, as shown in the diagram. We would like to point out that the enclosure that is already located here does not meet our requirements for adequate service needs by having an enclosure that measures 20 feet wide and 10 feet deep. If you have any additional questions, feel free to call me at 503-625-6177 124 Sincerely, Kristin Leichner Pride Disposal Company O .D ti sriSev . 9. 2004~N 3 2 8 P M CLE WATER SER IC 503 6814439 . T_INa . 3121 P . , 1JZT File Numbet r` , f CleanWater Services P 0 .20(~~ Cur coin►Tn~~tm,&n1 is clear. Sens the a e-Screening Site Assessment BY Jurisdiction ~,T-Y CUk-'l < P P 200 Q-~ Map & Tax Lot 2_s (1►h $A ,-r-f- er7 i o 2_ Owner sN kye .rineiicr FYen a c-A-rtes I (._C Site Address I ~zv~ s~,~ a ~Jwy (12.1 5NV 'SAL*10N P er c~2 677 zc~5 h'LP, i -1711 Gb K tie • Contact CWu..-PU).&C t~ Proposed Activity cows , v,4 cr 'i- SLi , L g t,,%5;Address s•• Bros As 4a env' _ s rrP _ Phone 5'a-;L7 0)73 cP z 44 Official use only below this 11ne Y N NA Y N NA ❑ ❑ Sensitive Area Comp site Map ❑ ❑ [m Stormwater Infrastructure maps Map # 2 S/ W QS # y V 2 ~ q 716 Locally adopted studies or maps o Other ® Specify ❑ u Specify 2 cy2 Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 04-8: ❑ Sensitive areas pots ntlaily exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. Sensitive areas do not appear to exist on site or within 200' of the site. This pre- screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. THIS FORM WILL SERVE AS AUTHORIZATION TO ISSUE A STORMWATER CONNECTION PERMIT.. ❑ The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Comments: lfga Og t ed:9-%d a. s'ZOd~ a r.: a~ i L nrdvefL~ il~OT~nr ..I:~~ ~.sr ' 'a..►~O ; -setarP r C. dp A:1li~we 7~hlivo ~raK a w. u .ice s7p. Reviewed By:~- Date: 9/19/47V Post-It" Fax Note 7671 to I panee,~ Returned to Applicanf From' Mall fax. Cour,fe,. cC~opt. co. CT~n K Dale 9 By Phone H 7 Phnnt it.. .4 4' ZZ Fax # 5 6 - I - 44 J Fax 0 (0,414 "r05 ~O HARSCH MTSTNEM PROPERTIES LLC 1 ,7 \ - l `J, Facsimile 'transmission Date: September 16, 2002 J To: Bob Klas From: Mary Ann Kolen (503) 973-0248 Company: STO A/EKA No. of Paves: (including cover page) Fax number: (503) 644-6567 Time: 3:38 PM Q Original will not be sent Original sent by US Mail Original sent by overnight delivery RE: Tigard Towne.Square Here is a copy of the Special Warranty Deed used to transfer title to the center to SN Properties. Oh - please be advised that the ownership entity has changed to SN Investment Properties, LLC. (This transmission is intended only for the person(s) addressed above, and may contain confidential or privileged information. If you have received this message in error, please telephone immediately. Any use, disclosure, copying or communication of its content is prohibited. Your understanding and compliance is appreciated) 1121 SW Salmon Street • Portland, OR 97205 e Phone: 503-242-2900 a Fax: 503-274-2093 h ' • SPECIAL WArtrtANTY DE I)~ CRA-NTOR'S NAME AND ADDRESS: I BIT I•loldings Twelve, Inc, Attention: Mr. David C. Schennine Vice President Two Hopkins PInza, Suite 804 D11titnore, Ma!yland 21201 CIZANTEE'S NAME AND ADDRESS: 'SN Propertics Paruicrship Attention: Mr. I'Wward 1'. Burst Senior Vice President, Acquisitions 1 121 SW SnInion Street Portland, Oregon 97205 After recording, rch!rn to: i:'•':%" COCUVIr.N i IS A 'I"R 1L•' GOPa 1 tai' l'lUINAL IN F LL' F RCE AND (:ri=f=Ct 1"i:.:::• SN Properties Part iersliip COUNIT`i, Attention: Mr. Edward N. Borst UNIDER FEE # !,i! Senior Vice President, Acquisitions 3 Ov t 1 121 S W Salmon Street D'-" Portland Oregon 97205 _.x.. ht, - ..r , ti. ..~:•:r•a• 1 Until requested otherwise, scud -,III tax statements to: SN Properties Pattnership Attention: Mr. Ted Malaska, Vice President, Taxation 1121 SW Salmon Strcet Portland, Oregon 97205 SPECIAL WARANTY DEED-STATUTORY FORM (CORPORATE GRANTOR) 13IT HOLDINGS TWELVE, INC., a corporation duly organized rind existing; udder the laws of the State of Maryland, Grantor, conveys and specially warrants to SN PROPERTIES PARTNERSHIP, an Oregon general partnership, Grantee, the real property described on Rider'l attached hereto, free of encumbrances created or suffered by Grantor, except as set forth on Rider 2 attached hereto, situated in Washington County, Oregon. The property is fi•ee of all encumbrances created or suffered by Grantor, except as set forth on Rider 2 attached hereto. The true consideration paid for this conveyance is an amount equal to Thirteen Million One I-lttndred Seventy-rive Thousand Dollars ($13, l 75,000). *'Y **Which is paid by a Qualified Intermediary as part of an IRS Section 1031 deferred exchange. Uonc by order c Jrantor's board of directors with i coaporate seal, ii ally, al"fixed can OCLUbcr 2( 2 . TI-11S INSTRUMENT WILL NOT ALLOW BIT HOLDINGS TWELVE, INC. USE OF TI-1E PROPER,rY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND By: Vicc Presidclzt REGULATIONS. BEFORE SIGNING OR David chenrning ACCEPTING THIS INSTRUMENT, THE PERSON QCQUIRING FEE TITLE TO THE PROPERTY SHOULD CI•II;CK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERITY APPIZOVI I) USES ANI) TO DE T'EIZMINE i . 1NY LIMITS ON LAWSUITS AGAINST FAIZMING OR FOREST 111:~ACTICES AS DEFINED IN OREGON 30.930. STATE OF MARYLAND, CITY OF BALTIMORE) ss. This instrument was acknowledged before me on October 26, 2000 by David C. . Schenning, as vice president of BIT Holdings Twelve, Inc. , Notary Public lEStt E.1~11P~SOP! My commission expires: 0- " 4. c?o WARY PUDUC STATE OF MA»1P W MY COMWS)Oti EXPIRE, AML Ill 200 2 f IA3: 1 50966.3 • 1 IDEIR I TO Mi;rn [,CIA 1,!)L?.SCRIl"I'ION PARCEL 1: Parcels 1 and 2, PARTI'T'ION PLAT NO. 1994-028. Ili the City of Tigard, County of Washington and State of Oregon; EXCEPTING THEREFROM that portion of Paree! 2 conveyed to Albertsons, Inc., by Deed recorded July 9, 1999 as Recorder's Fee No. 99082159 and described as follows: Beginning at the Southwest corner of said Parcel 2, PARTITION PLAT NO. 1994-028;' thence along the Westerly line of said Parcel 2 North 00° 02'39" West, 144.43 f'eea; thence South 89° 5721 " West, 7.00 fect;.thencc North 00° 02'39" West, 345.83 feet; thence North 89° 57' 21" Isast, 44.30 :feet; thence leaving said Westerly line South 00° 02'39" East, 345.85 feet; thence North 89" 57' 21 " Dist, 7.00 feet; thence South 00° 02'39" Dist, 144.46 feet to the Southerly line of said Parcel 2; thence along said Southerly line North 89° 58' 42" West, 44.30 feet to tic point of bcginrling. PARCEL 2: That portion of the Northwest quarter of Section 15, Township 2 South,' Range I West of the Wil-larnette.Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: , Beginning at a point on the East line of the Northwest quarter of Section 15, Township 2 South, Range 1 West of the Willarnette Meridian, in the County of Washington and Slate of Oregon, which point bears South 00° 08' 50" East 645.1 7 feet front the quarter corner on the North line of said Section; thence South 00° 08' 50" East along the East lime of the Noi-thwest'quarter of said section, a distance of 383.17 feet to a point which is 20.00 feet North 00° 08' 50" West from the Southeast comer of that tract of land conveyed to MOUntain Park Health Care Facilities, Inc. by Real Estate Contract recorded in Book 1 121 page 125, Decd Records foe Washington County, Oregon; thcncc South 88° 19' 48" West 650.21 feet to an iron rod on the Easterly right of way line of SW Pacific Highway and marking lhc: ' Southwest corner of said Mountain Park Health Care Facilities Tract; thence Northeasterly along said right of way line on the arc of a 3769.72 foot radius curve.to the right (the chord of which bears North 14' 35' 31" East 400.72 feet) a distance of 400,91 feet to an iron rod opposite Engineers Station Ln 212+45.73 P.S.C.; thence Northeasterly continuing along said right of way line on the arc of a spiral curve to the right (the chord of which bears North 17° 46' 13" East 1.13 feet) a distance of 1.13 feet to a point on the South line of that tract of land conveyed to Herbert W. Dayson and Betty Jean Dayson by deed recorded in Book 479 page 136, Deed Records of Washington County, Oregon; thence North 89° 50' 18" West along said South line, a distance of 10.49 feet to a point marking an angle point in said I-iighwa`y right of way line; thence Northeasterly along said right of way line on the arc of a 3779.72 foot radius curve to the right (the chord of which bears North 17° 37' 24" East 2.02 feet) a distance of 2.02 feet to a point opposite Engineers Station Ln 212A-45.73 P.S.C.; thence Northeasterly along said right of way line on the arc of a spiral curve to the right (the chord of which bears North 19° 31' 45" East 372.85 feet) a distance of 372.89 feet to an iron rod o17pa.itc l"nl;inecrs Suition .Ln 208--70,73 P.S.; thence North 20° 34' 58 L-'Ist continuing I 1^1:I \41)(101 1 F along sllicl right of wily I' distance of 362.67 feet to an iron rod; thence North 65° 27' 40" East 28.16 Icct to al~n rod on the Southerly right of M* the relocated portion of Durban; Road; thence South 69° 3U 00" East along the Southerly right of way line of said DUI-ham Road, a distance of 135.49 feet; thence SOLIth 00° 02' 39" East 362.38 feet; thence North 89° 57' 21" Fast 29.18 feet; thence' SOUth 00° 02' 39" East 137.33 feet; thence South 890 57' 21" West TOO feet; thence South 00° 02' 39" East 144.12 feet; thence South 89° 58' 42" Last 130.18 feet to the point of beginning; EXCEPTING T`rIEREFROM that portion thereof conveyed to System Capital Real Property Corporation, by Deed recorded May, 17, 1999 as Recorder's Fee No. 99059949 and described as follows: Beginning at a point UMt -is SOUth 0° 08' 50" East, 59.00 feet along the East line of' the Northwest one-quarter of said Section 15, and North 89° 55' 20" West, 179.96 feet from the North one-quarter corner of said Section 15; thence SOllth 0° 04' 40" West, 200.00 feet; thence North 89° 55' 20" West, 200.00 feet; thence North 0° 04' 40" East, 89.97 feet to a point on the Easterly right-of-way line of SM, Pacific Highway; thence along said Easterly right-of-way, North 20° 34' 58" East, 117.47 feet; thence South 89° 55'20" East, 158 85 feet to the point of beginning. . PARCEL 3: Beginning at the Southwest corner of Parcel III as described in a Real Estate Contract-to William Brownson II and Judith M. Brownson, recorded September 16, 1980, as Recorder's Fee No. 80032465, which point bears South 00° 08' 50" East 695.17 feet from the one-quaff -te:r corner on the North line of Section 15, Township 2 Soutit, Range 1 West of the Willamette Meridian, in the County of -Washington and State of Oregon; thence North 00° 08' 50" West along the East line-of the Northwest one-quarter of said Section 15, a' distance of 50.00 feet; thence South 89° 58' 42" East parallel with the South line of said Brownsen tract, 629.86 feet to a point on the West line ofS.W. I I3th Avenue; thence South 00° 09' 02" Fast along the West fine of said street, 50.00 feet to a point on the South line cif' said Brownson tract; thence Ncirth 89' 58' 42" West along sUid South line, tI dislancr Of 029.86 flea to the point of beginning. r: PARCEL 4: An easement for parking, ingress: and egress, over the land described therein pursuant to the teens and provisions thereof as granted in that certain Declaration of Restrictions and Grant of Easements recorded June 12, 1987 as Recorder's Fee No. 87030100, as amended by instrument recorded July 9, 1999 as Fee No. 99082160, Records of Washington County, Oregon. 4 II Al: 15•1966.3 RIDER TO DEEM 1 Access P.escr.ictiot~s, ilIclttding the te.rrris and provisions thereof, coatained in Deed, To: State of Oregon, by and th,rou'rh its State Highway Commission Recorded: May 10, 192 Book: 332 Pagc: 387, as amended by instruu.-netlt recordo' d February 5, 1988, Fee No. 88-05090 Records of Washington County, O:-cgon. 2 Access Restrictions, including the terms and provisions thereof, contained in Deed, To: State of Oregon, by and tluoygh its State Highway Commissiotl Recorded; June 24, 1952 Book: 334 Page: 98, as amended by instrument recorded ,line 26, 1972 in Boole 874, Page 100 and further amended by instrument recorded Februrry. 5, 1988, Fee No. 88-05090 Records of Washington County, Oregon. 3. Baseineizt(s) as created in instrument, including the terms and provisions thereof, To: adjacent property owners . Recorded: October 28, 1963 B ook: 409 Page: 220 Records of Washington County, Oregon. Tor: roadway purposes Easement(s) as created in iiistrument, including the to nos and provisions thereof, t To: Portland Geiie7:al Electric Company, alp. Oregon corporation 11~ated: November 1, 1972 Recorded: October 28, 1963 Boole:, 910 Page: 221. Records of Washington County, Oregon. For: power lines 5, Easement(s) as created in instrwnent, including the terms and provisions thereof, To: Tualatin-Franklin, a joint Yentttre of Tualatin Deyelopment Co., Inc„ all, Oregon corporation and Franklin Service Corporation, an Oregon. corporation Dated: August 29, l 974 Recorded: September 30, 1974 Book: 990 Page: 944 Records of Washington County, Oregon. For: sewer pressure line Easements for exi'Ung public utilities in vacated sC•ee.t area and the conditions iniposed tl~erc~y. Ordina.klce No.: 75 29 Easement(s) as created in instrument, including the terms and provisions thereof, To: City of Tigard Recorded: Junc 12, 1987 Fee: 87030098, re-recorded October 14, 1987, Fec No. 87052056 Records of Washington County. Oregon. For: sanitary server 8• Declaration, of Pestl'lctions and Grant of Easements, including the terms wid provisions thereof, By and Between: Westwood Corporation,' an Oregon corporation and Albertson's inc., 1 Delaware corporation Dated: June 8, 1987 recorded; JL)t.e 12, 1987 Fee No,: 870301.00, as amended by instrument recorded .fuly 9, 1999 as Fee No, 99082160 9 Common area Maintenance Agreement, including the terms and provisions thereof, Between: Westwood-Corporation, an Oregon corporation; and Albertson's inc., a,. Delaware corporation Dated.: June 8, 1987 Rccor.ded: June 12, 1987 Fee: 87030101, as amended by instrument recorded July 9, 1999 as Fee No. 99052161 Records of Washington County, Oregon' ''~$L'111e11t~S~ as created in instrument, including the terms find provisions thercof, To: -City of Tigard Recorded.: June 12, 1987 Poe: 87030780, re-recorded October 14, 1987, Fee No. 87052055 Records of Washington County, Oregoti. For, storm drainage 1 Boundary Line Agreement, including the terms and provisions thereof, Between: William Wessinger and Frederic Wessinger doing business as W & F Properties and Westwood Corporation, Developers and Contractors, an Oregon corporation Dated: February 10, 1988 Recorded: February 26, 1988 Fee: . 88-07836 Records of. Washington County, Oregon. 12, a. Covenant Not To Compete, including the terms and provisions thereof, Between: Westwood Corporation, Developers and Contractors And: McDonalds Corporation Record.cd: Decembp-r. 8, 1988 Fee: 88-54663 Records of Washington County, Oregon, b, Restrictive Covenant, Including the terms and provision thercof, Lxecuted by: BIT Holdings Twelve, Inc., a Maryland corporationi, as successor i» interest to Westwood Corporation In favor- of; System Capital Real Property Corporation, a Delaware corporation Recorded; May 17, 1999, Fee: 99059950 Records of Washington County, Oregon. 13. Condit! ons and Restrictions contained in Memorandum of Lease, incitiding the terms ahz Provisions thereof, , Between: Westwood Holding Corporation and Pity Less Drug Stores Northwest, 1110• Recorded: April 14, 1989 Fee No.: 89-16520- Records of Washington County, Oregon. 1 `F Basement, as shown on the recorded Partition Plat No. 1994-28 For: private access easement for Parcel 1, Partition Plat No. 1994-28 ' P;ecords of Washington County, Oregon, Affects: a 24 foot wide strip across Parcel 2, Partition.Plat No, 1994.28 lying adjacent to the South line of Parcel 1, Partition Plat No, 1994-28 and the Easterly extension thereof 15. Cornditious mid re5trictions, inctud.ing the terms and provisions thereof, as set for(h and as disclosed by Section 6 of Memorandum of Lease Between: BIT Hording Twelve, Inc,, a Maryland corporation uid Marshall.s of MA, Inc., a Massachusetts corporation Recorded: April 10, 1998 . Fee: 98036774 Records of Washington County, Oregon. h Subject to the rights o pa•t3, or parties in possession, as tenant othly, in accordance with any leases affecting portions of said land for the term and upon the terans, covenants, conditions, aid provisions therein contained, jimited to those leases listed in tile Rent Roll delivered by Grantor to Grran.ee concurrently vw-i:th the Decd. 17, ALI),"rights, interest or claims which ma), exist or arise by reason cf the following facts shohIl on survey by Clarence E. Baricer of said land dated .Tune 19, 1989, last revised May 30, 2000, .lob No. 00036, a) Traffic sign post in Northwest corner of Parcel I b) Guy aml aahclhors thlong Last line of.Nrcel 1 f P-S UDR 2-,oo5 VOl~~~