Loading...
MLP1996-00019 • EXHIBIT TICS OF QECISION . NO MINOR LANDARTI` IN' (NILPi) 96 0019 tiY OF T10ARD. . . CARL ~ J:UNI,OR SECTION I: APPLICATION SUMMARY CASES: FILE NAME: CARL'S JUNIOR PARTITION Minor Land Partition MLP 96-0019 PROPOSAL: The applicant has requested to partition a portion of the Tigard Promenade Shopping Center that contains the developing Carl's Junior restaurant from the Safeway portion of the Shopping Center. Through this partition the Carl's Junior Restaurant would be located on one parcel of approximately .54 acres. The remaining shopping center would be approximately 8.24 acres. APPLICANT: Tigard Promenade Partners OWNER: Same 3252 Holiday Court, Suite 225 La Jolla, CA 92037 COMPREHENSIVE PLAN DESIGNATION: General Commercial (C-G) ZONING DESIGNATION: General Commercial (C-G) LOCATION: 15520 SW Pacific Highway; WCTM 2S1 10DC, Tax Lot 100 APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.62, 18.162, and 18.164. SECTION II: DECISION: Notice is'lierehy given that the City of Tigard Commurnty Development Director`s designee has APPROVED the above request subject to revised conditions of approval The findings and conclusions `on which the decision is basetl are;notetl in Section IU NOTICE OF DECISION MLP 96-0019 - CARL'S JUNIOR PARTITION PAGE 1 CONDITIONS OF APPROVAL . . PRIORTO RECORDING;;THE;FINAL PLAT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED. Unless * therwise noted <the staffcontact shall:: be Brian Ra er' : "ran De artment 503 `639-4171 En mee 1. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. UPON:REGORDING THE FINAL PLAT, THE FOLLOWI NG C ON 'L 2. The applicant shall provide the Engineering Department with a recorded mylar copy of the partition plat. _ THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION: SECTION III: BACKGROUND INFORMATION Site History: The site has been zoned for General Commercial use with a Planned Development Overlay since the Comprehensive Plan was adopted in 1983. A Conceptual Planned Development was approved for the entire Tigard Promenade Shopping Center. A Site Development Review was also approved for this site. Vicinity Information: The proposed shopping center is adjoined by a mini-storage site to the south. To the west, the center is adjoined by SW Pacific Highway. Across SW Pacific Highway is a mixture of retail, office professional developments within King City. To the north, the site is adjoined by Kasch's Nursery and vacant commercial areas. To the east, the site is adjoined by the Fountains at Summerfield that is an existing 100-unit senior's condominium project within a portion of the larger Summerfield Retirement Community. NOTICE OF DECISION MLP 96-0019 - CARL'S JUNIOR PARTITION PAGE 2 Site Information and Proposal Description: The applicant's conceptual approval was to develop a shopping center with a total square footage of approximately 109,916 square feet. The shopping center is being developed with a Safeway Grocery Store, two pads to be leased for general retail use, two other pads, also for retail and service uses. A Les Schwab Automotive Facility and a Washington Federal Savings Bank are also developed or under construction within the shopping center. The total shopping center is presently made up of four parcels. The majority of the shopping center has been constructed. A Detailed Planned Development and Site Development Plan approval for a drive-through Carl's Junior restaurant was approved for Pad D. Pad D is one of the seven pads originally approved for the shopping center. Pad D is presently under construction. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Minor Land Partition - Approval Standards: Section 18.162.040 contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet City and applicable agency standards (Ord. 89-06; Ord. 83-52). The proposed Minor Land Partition complies with all of the regulations that implement the Comprehensive Plan as provided in the Community Development Code as required by Criteria 1. The General Commercial Zoning District does not have a minimum lot size standard. The proposed parcels exceed the 50-foot average width requirement. Upon completion of the appeal period, the development will have complied with the statutory requirements of the City of Tigard for development review, as required by Criteria 2. Adequate public facilities are available or have been required to be provided to serve this site as set forth in Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain), as required by Criteria 3. These requirements are reviewed by the Engineering Department in this report. The new parcels do not exceed a two and one-half to one, length to depth ratio. Through the design of the partition the 50-foot average width requirement is met. For these reasons, NOTICE OF DECISION MLP 96-0019 - CARL'S JUNIOR PARTITION PAGE 3 the proposed parcel configurations conform with size and dimensional requirements of the General Commercial Zoning District, as required by Criteria 4. As proposed, the improvements that are under construction comply with City and applicable agency standards in satisfaction with Criteria 5 as was reviewed through the Building Permit Plan Check process. Section 18.162.050 contains the following special provisions for lots created through the Partition Process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. 2. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot Frontage: Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. 4. Setbacks: Setbacks shall be as required by the applicable zoning district. 5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. 6. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. 7. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. 10. Fooodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. NOTICE OF DECISION MLP 96-0019 - CARL'S JUNIOR PARTITION PAGE 4 This area shall include portions at a suitable elevation for the construction of a pedestrian and or bicycle pathway with the floodplain in accordance with the adopted pedestrian and or bicycle pathway plan. Criterion's 1, 2, 3, and 4 are satisfied. The General Commercial Zoning District does not have a minimum area requirement. Both newly created parcels would have in excess of 15 feet of direct frontage on a Public Street, in satisfaction of the lot frontage requirement in Criteria 3. The standards for setbacks, landscaping, and clear vision requirements were reviewed for the Carl's Junior through the Building Permit Plan Check and inspection process in satisfaction of Criteria 4. Criterion's 5 and 6 have been addressed because the proposed lots will each have in excess of 15 feet of frontage on a public street. For this reason, a flag lot setback determination is not necessary and flag lot access screening is not required. Through the Building Permit Plan Check Review fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Criteria 8 requiring a reciprocal access maintenance agreement was previously addressed through the development of the shopping center. Criteria 9 will be satisfied through the existing driveways that were developed to serve the shopping center. Criteria 10 has been met because the parcel is not located within the 100- year flood plain, or in areas with slopes exceeding 25 percent. Because the site does not adjoin the 100-year flood plain, dedication of areas for pathway purposes is not applicable. PUBLIC FACILITY CONCERNS: Section's 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm Drains) shall be satisfied. Issues related to provision of Water service is also addressed below: Streets: This site lies adjacent to SW Pacific Highway and SW Royalty Parkway. Both roadways are fully improved. No additional right-of-way dedications or street improvements are necessary as both were accomplished as a part of the Tigard Promenade project. Sanitary Sewer: Sanitary sewer service has been provided to both parcels as a part of the Promenade project. Storm Drainage: Storm drainage service has been provided as a part of the Promenade project. NOTICE OF DECISION MLP 96-0019 - CARL'S JUNIOR PARTITION PAGE 5 ae City water service has been provided to serve both proposed parcels as a part of the Promenade project. SECTION V: OTHER STAFF COMMENTS No other comments or objections have been received. SECTION VI: AGENCY COMMENTS No other comments or objections have been received. SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: . THE'DEGISION SHALL BE FINAL ON:;JANUARY 21 1!997: . UNLESS AN APPEAL IS FILED : <<::> Appeal Any party to the decision may appeal this decision in accordance with Sections 18.32.290(A) and Section 18.32.340 of the Community Development Code that provides that a written appeal must be filed. The deadline for filing an appeal is specified below. The appeal fee schedule and appeal form are available from the Community Development Department or Planning Division at Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. . THE DEADLINE FOR FILING OF AN APPEAL ;IS 3 30 P„M O'N JANUARY 21, 1!997: NOTICE OF DECISION MLP 96-0019 - CARL'S JUNIOR PARTITION PAGE 6 Questions: If .you have any questions, please call the City of Tigard Planning Division or Community Development Department of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. 1.91714mk AJanuary 9. 1997 PREPARED BY: Mark Roberts DATE Associate Planner Z(a-,S _Z e,,,, January 9. 1997 APPROVED BY: Richard Bew sdorff DATE Planning Manager I:\CURPLN\PATTY\MLP 96-15.DEC NOTICE OF DECISION MLP 96-0019 - CARL'S JUNIOR PARTITION PAGE 7 P QG Q~ C~ so ~~0 O 96_0019 Carl's J for Partition Vicinity Map N u~ra. man IS Bette scale l r F• sw J.iw 11 -'MWNft.- j99 " Tk-% 1 1 1 4 "io t fit. Vivo: 1 it 3t ca JONA '00 r ,~StS•,', Avg ietd~ondomtntumS} tns ~S°mmert Founts CASE HO.: S JUNIOR PARTIT14N M p`96.0019 . ?%AIR ao1 N Q tifAII911 ?%A% ~GL! ,J 4,Lr If 61 1 ail Trt/O/ I L 1 / 1 0 1 J J 2S110DB-90421 2S110CA-01701 • J EXHIBTT~ AMACHER. MARIE A ATLANTIC RICHFIELD COMPANY 15483 SW 114TH CT #42 PSBT TAX DEPT SS#01175-11 TIGARD,OR 97224 PO BOX 2485 LOS ANGELES,CA 90051 Is1looC-90191 2S1 I ODC-90271 BOLLINGER, JESSIE LEE DAHL. STANLEY F 8 THELMA J 15605 SE 114TH CT #19 15525 SW 114TH CT #27 TIGARD,OR 97224 TIGARD,OR 97224 2S 110 DC-90182 2S 110CD-00108 DOMREIS, LIONEL A W TRUSTEE DPI INC 15605 SW 114TH CT UNIT 18 BY PURCELL. DWIGHT V III TIGARD,OR 97224 15172 SW 119TH TIGARD,OR 97223 251100C-90201 2511008.90000 EBERT. LA VERTA FOUNTAINS AT SUMMERFIELD CONDO 15605 SW 114TH COURT #20 fOWNRS OF UNITS TIGARD,OR 97224 2S110DC-90000 2SilODC-90262 FOUNTAINS AT SUMMERFIELD Q~ GANGE, ADA W OWNERS OF UNI 15585 SW 114TH CT #26 TIGARD,OR 97224 2S110DC-90252 2S110DC-90161 HOWARD, CLARA M JOHNSON, JEANETTE RAND 15565 SW 114TH CT #25 OLSEN. ROLF 118 KATHLEEN L TIGARD,OR 97224 15606 SW 114TH CT TIGARD.OR 97224 2S1 I ODS-90371 2S110DB-90381 KINCAID. JUANITA LARSEN. CLAIRE ESTATE OF 9850 SW HAWTHORNE LANE BY VIRGINIA (GINGER) BABIN PORTLAND,OR 97225 14825 SW 81 STAVE TIGARD,OR 97224 2S110DC-90342 2S110DC-90332 LINDSEY. CHARLOTTE F LORENZ, EDWARD G TRUSTEE 15525 SW 114TH #34 15525 SW 114TH CT TIGARD,OR 97224 UNIT 33 TIGARD,OR 97224 2SI10OC-90212 251100B-90362 MACKEY. ROBERT AlMARCIA J TRS MCMULLEN, RICHARD 0 AND 15605 SW 114TH CT 021 GERTRUDE M, TRUSTEES TIGARD.OR 97224 15485 SW 114TH CT #36 TIGARD,OR 97224 2S110DS-90442 2S110DC-90281 MESSINGER. EDWARD J AND ANN B MITCHELL, CHARLOTTE 15483 SW 114TH CT #44 15525 SW 114TH CT #28 TIGARD.OR 97224 TIGARD,OR 97223 2S1 1ODC-90172 • 2S11ODC-90292 NARDINELLI. ANTOINETTE C O'DELL, SHIRLEY M 1105 SW SUMMERFIELD DR #141 15525 SW 114TH CT UNIT 29 TIGARD.OR 97223 TIGARD.OR 97224 2S11ODC-90231 2S11ODC-90311 PALMER, EDWARD POHL. ALICE N TRUSTEE 15565 SW 114TH CT 023 15525 SW 114TH CT #31 TIGARD.OR 97224 TIGARD,OR 97224 2S1 1ODC-90321 2S1 10OB-90432 RENDER, JEANNE N ROGERS. VIRGIL TRUST 15525 SW 114TH CT 15483 SW 114TH CT 943 TIGARD,OR 97224 TIGARD.OR 97224 2S11ODB-90392 2511 ODB-90351 SCHENK, SOPHIA M SCHROEDER, MARJORY E TRUSTEE 15485 SW 114TH CT 039 15485 SW 114TH CT #35 TIGARD.OR 97224 TIGARD,OR 97224 2511 ODC-90151 2S110DB4O703 SCOTT, KERMIT B & LAVONNE TRUS SFP-B LIMITED PARTNERSHIP 15605 SW 114TH CT #15 1015 MADRAS HWY TIGARD.OR 97224 PRINEVILLE,OR 97754 2S11ODC-00300 2S110DC-90222 SSC PROPERTY HOLDINGS, INC STRADER, KELTON BY SHURGARD INC 15605 SW 114TH CT 022 ATTN: OPERATIONS ACCOUNTING TIGARD.OR 97224 1201 THIRD AVE. SUITE 2200 SEATTLE.WA 98101 2S11000-00109 2SI lODC-00100 SUMMERFIELD ASSOCIATES LTD PTN TIGARD PROMENAD ERS 500 NE MULTNOMAH. STE 950 3752 HOLI S' 225 PORTLAND,OR 97232 LLA CA 92037 2S710DB-00702 2S110DB-00700 TIGARD PROMENADE PARTNERS TIGARD PROMENADE ERS 3752 HOLIDAY CT STE 225 3252 HOLI STE 225 LA JOLLA,CA 92037 LLA,CA 92037 2S110DC-00200 2S11ODS-90402 TIGARD PROMENADE PA TILLINGHAST. RUTH P TRUSTEE 3752 HOUOA 225 15485 SW 114TH 940 j JA .CA 92037 TIGARD.OR 97224 2S110CD-07500 2S11ODC-90241 TOBIAS INVESTMENT CO VETTERLEIN, CATHRYN J 715 SW MORRISON ST, STE 900 15565 SW 114TH CT #24 PORTLAND,OR 97205 TIGARD,OR 97223 2S I I ODS-00704 • 2S110DC-90302 • WASHINGTON FEDERAL SAVINGS ZIEGELMAYER, FRANCES M 300 ELLSWORTH ST SW 15525 SW 114TH CT 930 ALBANY,OR 97321 TIGARD,OR 97224 CITY OF TIGARD AFFIDAVIT OF MAILING OREGON STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: That I am a Senior Administrative Specialist for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy of the NOTICE OF DECISION of which is attached, marked Exhibit "A", was mailed to each namedperson(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the9 - day of , 1997; said NOTICE.QF DECISION as hereto attached, was posted on n appropria a bulletin board on the day o deposited in the United States Mail on the qt-- day of , 1997, ostage prepaid. Pr ared Notice V Subscribed and sworn/affirmed before me on the Lo day 19- OFFICIAL SEAL NOTARY PUBLI OREGON DIANE M JELDERKS My Commission CxfIires: NOTARY PUBLIC-OREGON COMMISSION NO. 046142 MY COMMISSION EXPIRES SEPTEMBER 07, 1999 CITY OF TIGARD Community (Development Sha i A BetterCommuni PROPOSAL DESCRIPTION FILE NO: MINOR LAND PARTITION (MLP) 96-0019 FILE TITLE: CARL'S JUNIOR PARTITION APPLICANT: Tigard Promenade Partners OWNER: Same 3252 Holiday Court, Suite 225 La Jolla, CA 92037 (503) 297 - 4316 REQUEST: To partition a .54 acre parcel from an 8.78 acre parcel within the Safeway portion of the Tigard Promenade Shopping Center. The partition will split-off Pad "D" from the Promenade Shopping Center. LOCATION: 15520 SW Pacific Highway; WCTM 2S110DC, Tax Lot 00100. ZONE: General Commercial (CG). The CG zoning district allows for the provision of a wide range of major commercial goods and services. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.162 and 18.164. CIT: South CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY X STAFF DECISION DATE COMMENTS DUE: Monday December 30,1996 PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN NARRATIVE X ARCHITECTURAL PLAN SITE PLAN X OTHER: Survey Plat STAFF CONTACT: Mark Roberts (503) 639-4171 x317 MLP 96-0019 CARL'S JUNIOR PARTITION PROPOSAUREQUEST FOR COMMENTS 0 0 LAND PARTITION APPLICATION a 13125 SW Hall Blvd., Tigard, OR 97223,(503) 639-4171 FAX: (503) 684-7297 CITY OF TIGARD GENERAL INFORMATION PRE-APP. HELD WITH:_ DATE OF PRE-APP.: Property Address/Location(s): SS; 2-0 J W P A r✓ t E (C if LA) Y. Ne • -1#-( lea P- D a-2 9 `7 2-2-4 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): 2 S / W S EL , (O DC C) o C Case No.(s): Site Size: 9 -7 Other Case No.(s): 51p IQ Property Owner/Deed Holder(s).: TI &A IUD E)OA ~Ag Receipt No.:~ Address: -32-5-2- ' 6L,DAr CT. Phone: Application Accepted By: a 229- ~ a City: LA J LA CA zip: 9--1027 Date: Applicant.: &(A-" LA-iJ A 01J Zg 7 I Date Determined T Be Complete: Address: Phone: City: Zip: Comp Plan/Zone Designation:.:, e A/ • When the owner and the applicant are different people, the applicant CIT Area: Sou[„ must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner with written Recording Date and Number authorization. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. Rev. =6M i:tur*VnastersVandpartdoc r. PROPOSAL SUMMARY The owners of resod of the subject property request permission to allow a Land Partitton to: divide A-C into 2- REQUIRED SUBMITTAL ELEMENTS (total area) of parcels) o containing O- S + lk-C'. and -7. 9 3 A- C, implication Elements Submitted: (sq. 2 or acres) (sq.' tL or acres) , plication Form a' J tfS o 5T. B t ('~l~`~ 93 -8 (~6 ner's Signature/Written Authorization (provide any additional information here) Tstle Transfer instrument or Deed Q /S/Site/Plot Plan (81/,"x 11") of copies based on pre-app check fist) r 6j/Applicanrs Statement of copies based on pre-app check list) Filing Fee $780.00 240 e, 1 0 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this applicatlon: ' b ' i A APPLICANTS: 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 Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject propedy. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements 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. SIGNATURES of each owner of the subject property:!' 4 i DATED this day of 19 1 Owner's Signature Owner's Signature Owner's Signature Owner's signature r 2 Gt L LAND SURVEYING PC. Professional Land Surveyors NARRATIVE The reason for wanting to partition Tax Lot 2S 1 1ODB 700 is to separate the Carl's Jr. Restaurant from the Safeway Shopping Center. Please see the attached tax map with the highlighted area to be the Carl's Jr. Tract. If you have any questions, please call. Thank you for your assistance with this partition. 8116 S.W. Nimbus Avenue • Beaverton, Oregon 97008 • (503) 641-0308 • Fax (503) 671-0877 • i 121 SW MORRISON STREET, SUITE 200 • PORTLAND, OREGON 97204 PHONE: (503)223-7181 FAX: (503)273-0256 NORRIS New America Network BEGGS & SIMPSON REALTORS r I December 3, 1996 Mr. Mark Roberts Planning Department City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: Tigard Promenade Dear Mark: Per the request of Richard Langdon, please find enclosed a copy of the Declaration of Easements, Covenants, and Restrictions dated August 28, 1995 for Tigard Promenade Shopping Center. If you need anything further or have any questions, please feel free to call me at 273-0347. Sincerely, NORRIS, BEGGS & SIMPSON S. Rebecca Samuelson Property Manager SRS/cp roberts.doc Enclosure cc: General Correspondence NEWAME§~\ NE1VY NORRIS, BEGGS & SIMPSON NORTHWEST LIMITED PARTNERSHIP PORTLAND VANCOUVER BELLEVUE YOUR PARTNER IN REAL ESTATE SERVICES WORLDWIDE 12/12/96 15:29 %2503 684 7297 CITY OF TIGARD Q001/001 P 01 .Post-It" Fax Note 7671 IMF/ 9 pages To e A • ~ From Gr ~oe~ CalDept. r Ca. 7 t Phone # Phone # -1 r Fax # 2"1 -S - 0 Fax # ,i•~~ a-~'~pr'~ w'~O~ 1F>'.~G. l ~r CITY OF TIGARD November 27, 1996 OREGON Mrs. Becky Samuelson Norris, Biggs, and Stevens 121 SW Morrison, Suite 200 Portland, OR 97204 Re: Carl's Junior Minor Land Partition Dear Mrs. Samuelson* This letter is in response to a request by Richard Langdon that the City provide a letter concerning the required land use fees for the Minor Land Partition application that is to be filed. He also requested that a copy of the existing and proposed REA be provided for the Promenade Shopping Center- A Pre-application fee of $240.00 is currently due for a meeting that was recently held concerning this application. A land use application processing fee of $780.00 is also required for the Minor Land Partition application. Copies of the REA, any amendments to it, and payment of the necessary fees will be required for the City to consider the land use application as complete. Please feel free to contact me concerning this information at (503) 639-4171. Sincerely, - plT MOAI'IA nON FUIt PAYMENT ~VOP NO. 1 Mark Roberts .-TkoPNAME unrAMTS ; Associate Planner, AICP VENDORNO. AMTS CHOCODE AMTS CIIO CODE -~1 AMTS ~i Cl f-- i:1CUfplnlmarlc flGarls.doc CHO CODE J DESCRIPTION DA'M' c: File I APPROVED DATC 1 I KClfo APPROVED 1d' 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 NOO-27-1895 14:33 FROM 77 CC ETRO TITLE DEPT. TO Ti BROADWAY P.002i018 • 1 r z AnER RECORDING RETURN TOt Ticor Title Insurance Co. • 1600 SW Broadvay, Suite 1555 Portland, OR 97205 ; i • 635994-LG If a , } S DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS TIGARD PROMENADE This Declaration is trade this day of August. 1995, by STERLING DEVELOPMENT CORPORATION, a California corporation ("Declarant'). RCIALS A. - Declarant owns, or is entitled by -Any of easement to utilize, certain real property known n.s Tigard Promenade Shopping Center, located in Tigard, Oregon, and more particularly described and shown on the attached Exhibit A (the "Property" or "Shopping Center'). i CT rn B. Declarant is developing the Property as a shopping center. Declarant intends to ! III convey fee title to Tracts E and G within the Property to owners that will develop and use such parcels for uses compatib!e with a retail shopping center. ` I,f C. Declarant desires to make the Property subject to certain easements, covenants and restrictions regardln i common areas and use of the Property. 11' i DECLARATION 1. 12efinitions. As used in this Declaration, the following terms shall have the II definitions set forth in this Section: 1.1 "Building" shall mean and include, but not be limited to, the main portion of a structure built for permanent use, and all projections or extensions thereof. 1.2 "Building Area" shall mean all those portions of the Property shown as Building Areas on the Property Site Plan attachcd as Exhibit A hereto, including the "Expansion Area" shown on Tract B for Safeway. 1.3 "Common Areas" shall mean all areas located on the Property not shown as Building Area on the Property Site Plan attached as Exhibit A hereto, including, but not limited to, those areas used for or constituting driveways, parking areas, walkways, roadway I medians, landscaping, outdoor lighting, and any other areas outside of the Buildings located on the Property, but excluding any public roadways. 1.4 "improvements" shall mean all improvements now or hereafter placed or constructed in, under, or on the Property, including, without limitation, Buildings, outbuildings, ~Ll i - Declaration of Easements, Covenants and Restrictions QtTER9041MECLARr.ECR o 8.2s-91H:01pm Z 1 N0V-27-1995 14:33 FROM TI METRO TITLE DEPT. TO T' R BROADWAY P.003/018 • I mda. drivtxraA paridng xreal. trCt1pQ Ing w&U barrlers, braes, retaining walls, stein, decks, utility di*flxjtioa fadlitks shopping cart collectiw alias and sigas. 1.3 "Laws' shall inelade all states, ordinances, laws, codas, rules, replokms, equitable pdw4 ks. onkm appe+ovals, deaials, di wdvea, and conditions passed. issued, swunn red or ymmuigtod by any braacb of foderal, star, city or county government, or a any office, deporunatt, aeency, MWnistrative body, board, council, court or committee thereof to which jmixHWm the Pn)paty or a Tract is sid&= 1.6 'Occupant" a mH mercer an Ownff, a lessee of an Owner, or any other parson or =3&y in lawful po=cuion of a Trot, a Building, or portion thereof. with the perntissioa of Owner, iadudin& but not limited to, a tv=nt, subtenant or licensee on the may. S 1.7 'Ownse aball mem airy person or entity which is the .card owner of fee simple title to ray Trau, or a coatrad vendee or mortgagee in possession of a Tract. !I 1.8 "Stroll' shall mean any dedicated public strxt, highway. road or thorottghfare within or edj== to the Property and shown on any recorded subdivision or parcel map, or record of stavey, however dasigtutwd. 11;~ it l 1.9 -tract" shall mean the Property, and any fractional part thcrcof. which is T petitioned or subdivided so as to constitute a legal lot under the laws of Washington County and the State of Oregon. { 1.10 "Visible &=.tWghbm* property' shall mcan, with respect to any given object on a Tract, that such object is or would be visible to a person six feet tall. standing at an elevation equal to the base of such object on any part of any real propcrty other than the Tract. 2. Declaration. Declarant hereby declares that the Property, and each Tract therein, is and shall hereafter be subject to the terms and conditions of this Declaration. 3. EASgm= Declarant hereby declares and r=ves the following rcciprocal, non- cxelu ive, parpctuai gents for the benefit of all Owners and Occupants of all Tracts. and their respective e:ustomers, invitees and employees: ' I 3.1 An easernerrt for necessary ing= and egress by it appropriate modes of transportation and in accordance with all signage and directional markings over all walking and driving areas now or hereafter located on each Tract within the Property. 3.2 Radios. An cerement for parking in all designated parking spaces in the parking areas on each Tract within the Property. iI 2 - Declaration of Easements, Covenants and Restrictions GASTF3l"00ECLAR9.E[R 0 WJ-9514:01pm NO!J-27-1995 14:34 FP,OM T'ro TRO TITLE DEPT. TO Tic ROADWAY P.004/018 3.3 An easement and tight-of-way over, under li it t and through ewh Tract for the purpose of installing, maintaining. repalria& sad replacing public tttility lira, services, and f cMdes reasonably necessary to serve the business hoods of an Otxu}%W on or an Owner of another Tract. Easements for such purposes may only be located in ' common arras sa &Bow d in Section 5.4 below. ~ 3.4 Commm Area Um-- An to use and enjoy the Common Areas for tbw inztmded and dasigned purposes, includin& in addition to ingress, egress, pae.-ing and uWitira, use for Shopping cart Oollet 000, and landscaping. 4. C MM Area Each Owner shall awn and maintain, at =ch Owners own wcparsse and in aeeoridwce with Section 7.4, all Cosa = Arms located on such Owner's Tract in s -kAnumce with the tams of the Declaration, accept to the extent such maintenance is otherwise 1 1y pmvidod for in this Section 4. Parking area. driveway and walkway sweeping, washing. stww and ice removal, reStte control (paper, debris, refuse and litter) and ,maintcnance. i except striping, resealing and repning, shall be common area mainteimm items performed M, ~ t Declarant and billed to that other Owners based upon each such Owner's ratio of square footahc ! within its Tract to the tool square footage in the Property ("Pro Rata Shan'). In addition, Declarant shall bill to the other Owners their respective pro rata shares of 7% of such lr maintenance costs as an administration fee. Each Owner shall promptly pay to Declarant its Pm Rata Share of each atatemet>t for such common area maintenance item within 15 days of receipt of such statement• Declarad shall provide reasonable documentation of such costs, consisting of invoices for all such crosts. upon written request from an Owner. The portion of the Property devoted to Common An= shall be not less than SO percent of the area of all of the Property. No ~ driveways, parking areas. walkways. lastdseape areas or other designated common area uses as shown on the Property Site Plan attached as Exhibit A shall be modified or closed without prior ' I written approval of the Owners as required in Section 9.4 herein, S• 5.1 S"c=W Design and .o strucrien Crib Improvements on the Property shall be constructed, and the Property shall otherwise be developed, in a manna which provides continuity and harmonious architectural and landscaping treatment from Tract to Tract. All Buildings shall appear as an integrated part of the Improvements on each Tract. Driveways and parking arras shall bo eons m or asphalt concrete. Sidewalks shall be Portland Cement concrete. Colors shall be of subtle tonm except where it is desirable and appropriate to use i accent colors, and shall include forest greets roofing consistent with that of the rest of the buildings within the Shopping Center. Signage shall include well-lit individual letter channellume type signs. Buildings shall be located within the Building Area for each Tract and ~I shall cover no more of the Tract than square footage shown on within such Building Area. Such design and construction criteria may be modifrod for a particular Owner's Building by written approval of Declarant. 3 - Declaration of Easements, Covenants and Restrictions 10,1sT11RXI4MECLA",ECR o 1,:1-"4:01P1" ;I r, NOV-217-1995 14 34 FROM T"O TRO TITLE DEPT. TO Ti BROADWAY P.005/018 52 $tAldfCgg, The exterior design, including all materials, colors, arehitectuial featilm aid roof structures meat be approved by Declarant. Such approval shall not be U=Wonably witblmid provided the design is architecturally consistent with this Section S and i the design of other Buildinp within the Shopping Ceuta. The maximum Building bcight of parcels D. E, F and O shall be 20 fed from grade, including all parapets, architectural features AM roof structures (such as HVAQ. 53 Lamfing A=. Loading amss shall be set back, rece.sed, or screened so as not to be visible fmm adghbodU prvpaty, and shall be integrated into the design of provided, howam, that these requirements may be mo&ficd for a particular Owner's Building by written approval of Declarant 5.4 Utilities WUmmL No mower, drainage, or utility lines shall be placed or consrcrcted anywhere on a Tract other than unde rgro and or concealed within an Improvement, and shall not be located under any Buildings on it Tract or within 15 feet of the perimeter of a Building fatless serving that Building. ALI antennae and other communication equipment shall be placed so as not to be visible from neighboring property, except to the extent that such r placement is impractical for the operation of such equipment All service equipment, including, without limitation, meters, transformers, generators, dtmrpstas, mechanical duct work, piping, or { HVAC equipment, shall either be screened from view or otherwise integrated into the design of 4, it t improvements, and shall be constructed and placed in accordance with safety and other regulations of utility companies. Nothing contained in this paragraph shall be construed to forbid the use of temporary utility racilities during the construction or repair of Improvements. 5.5 Site Lighting , , All common area lighting fixtures shall be of consistent design throughout the Property, shall provide consistent illumination throughout the Property sufficient for the purposes for which the Property is being used, and shall be designed to promote a safe atmosphere on the Property. Parking areas shall be lit by pole-mounted, full cut-off type fixtures. Poles shall be round, and poles and fixtures shalt be dark bronze in color. Minimum parking and pedestrian area illumination shall be.3 foot candles. with one foot candle average illumination. Building facade illumination shall be indirect with no visible light source. Service area lighting shall be indirect or incorporate a full cut off-shield type fixture. Uniform lighting fixtures shall be used, to the went possible, along walkways. 5.6 Eakim No parking shall be permitted on any Tract other than in the ! parking areas located thereon. Off-street parking spaces in a quantity common for suburban developments in the Portland, Oregon, metropolitan area and adequate to accommodate the I ! parking needs of each Owner and Occupant of a Tract shall be provided by such Owner. Without limiting the generality of tae foregoing, the parties agree to the following specific II;~ conditions. on any Tract on which there is a restaurant use. there shall be provided no fewer than one parking space for every ISO square feet of dining area; on any Tract on which there is a general retail use without a m3tauran% bar or meeting rooms, there shall be provided no fewer I. than one parking space for every 400 square feet of rentable space for such use; and on any Tract on which there is a food retail use other than s restaurant. bar or meeting rooms, there shall be !I 4 Declaration of Easements, Covenants and Restrictions G;\STER?046,DECZAR).ECa 0 1.23 $14:o1pm 5 NOV-27-1995 14:35 FROM T'r0 TP.O TITLE DEPT. TO TTC ROADWAY P.006/018 ~I 1 provided no fewer than one parking space for every 200 square feet ofrentablo sp= for such use. Use of the parking spaces on each Tract shall be pe sifted for the Owners and Occupants of ; all Tmcts, including the customers, invitees and employed of such Owners and Occupants as provided in Section 3.2. The perimeters of parking arms shall be screened from adjacent Streets, such screening to extend at least 48 inches above the high point of the paved area and to be accomplished by landscaping, berms, or a combination thereof. No Owner may impose or collect any fee or charge for parking on a Tract unless ordered by an appropriate government authority. If an appropriate governmental authority imposes a surcharge or regulatory fee on customer or employee parking or based on the number of parking spaces within the Shopping Center or any other similar fee or charge, then Declarant and the Owners shall by mutual agreement use their best efforts to institute a uniform fee collection parking system for the i` Shopping Center. 5.7 fig. No fences of any kind shall be permitted on the Property, unless t necessary for security or screening purposes withou' prior written approval of Declarant. II 5.8 Refuse f oll~+m Ama. All outdoor refine collection areas shall be i~ visually screened so as not to be visible from neighboring property. No refuse collection area shall be permitted between a Street or driveway and the side of a Building facing that Street or driveway. i .:I 5.9 Tem 2ama and Metal Struck. No temporary structures shall be it 4 permitted on any of the Property, except trailers and the like used for construction purposes during the construction period ofa Building. No pre-engineered metal-built Buildings shall be ! allowed on the Property. 5.10 SiM. Each Owner or Occupant shall install individual letter channelume type signs for its storefront signage and such other signs as are sufficient to identify the use on its Tract which signage is consistent with the sign criteria attached Exhibit B hereto. There may be constructed for each Building no more than one ground-mounted, monument-type internally or ground illuminated sign. For these purposes, an integrated group of alphanumeric characters shall be deemed one sign. Sign material shall be compatible with the Building to which the sign is attached. The cost of such signs shall be incurred by the Owner of the Tract on which the sign ! 4 ; is located. There may also be constructed two pylon signs for the Property, to be located at . j • ~ i the locations shown as IA and 1B on the Property Site Plan shown on Exhibit A attached hereto. ! The design of such pylon signs, including the pylon and the sign frame, shall be determined by Declarant. The pylon sign located on Tract E shall be for the benefit and use of Declarant and ' ' I ! the Owners of Tracts E. F and G. An casement is hereby established on, over and across Tract E. 'I running to the bencftt of Declarant and the Owners of Tracts F a.,d G, for construction, use, ingress and egress to and from, and maintenance of such pylon sign. Such pylon sign shall I! 5 - Declaration of Easements, Covenants and Restrictions a: STUM:OLCLAw.scn o 425.9x4:01pm V~ ~ IIOV-27-1995 14 36 FROM T ".O TRO TITLE DEPT. TO ETC BROADWAY P. 007/018 contain three equally sized aipW =aa, one to be used by each of the occupants of Tracts E, F and O. and a fourth signs area a the top to id=rtify the Tigard Promenade Shopping Center. Tho Declarant shall maimaln much pylon sign aid the owners of Tracts E. F and 0 shall share equally in all costa of its design, fabrication, construction. mauuenamx, repair and related i utilities. Each such Owner shall pay for its own sign panel to be pla: ~d on !rw pylon sign. The I i other pylon sign for the Property shall be designdd, fabricated, constructed, maintained aid used , by Declarant at its sole discretion to identify the Shopping Center and Occupants of the Shopping Center other than those located on Tracts 1, F and G. The costs of that pylon sign shall be charged only to the Owners of Tracts A, B. C and D. i All such signs must comply with all applicable city and county sign regulations and must be approved by Declarant. 6. Lzdmaing. 6.1 =cW -ri t*+g= All developed porSons of the Property not occupied by a pa nmmtly constructed Improvement shall be landscaped in a complementary and similar manner, consisting of lawn interspersed with indigenous deciduous and conifer trees and i shrubbery, which shall as an inngrand put of the overall design concept. The lan appear dscaPe plan for the Tract shall first be approved by Declarant. Landscaping shall be located in accordance with such plan. including the beans where shown, and shall comply with all applicable laws, ordinances, regulations and permits. Within 90 days after the completion of construction of Improvements on a developed Tract, or by the date each Building on a Tract is occupied. whichever first occurs, the Owner thereof shall have completed the landscaping in accordance with the approved landscape plan. 6.2 Irrigatlnl. An adequate underground irrigation system shall be provided if l and maintained by each Owner for all landscaped areas of such Owner's Tract. t' 7. Uses and Maintenance, i7.1 Permitted Uses. Except as otherwise expressly restricted below in Sections 7.2 and 7.3, any rue compatible with a retail shopping center and allowed under the laws of Washington County and the State of Oregon shall be permitted on any Tract; provided, however, that each use shall be carried on entirely within a Building and not in the Common Areas, except that Safeway may use an outside merchandising area on Tract B up to a depth of 10 feet immediately adjacent to the front of its Building. which area is identified on the Property Site Plan attached as Exhibit A hereto. The drive isle immediately adjacent to and in front of the store located on Tract G may be used for servicing of vehicles provided such use does not cane a any unreasonable interferences with its use as a drive isle. 6 - Declaration of Easements, Covenants and Restrictions o,W7Ax,.PDcruN.eOt o 9.23•95,4:01pm i I' NOV-27-1995 14:36 FROM T'. TRO TITLE DEPT. TO Ti BROADWAY P.008i018 t 7.2 Each Owner shall reliain from allowing such i Owner's Traci to at any time fall I= such a state of disrepair or disorder as to give the Tract the l appearanoo of anything other than a portion of a first-class retail shopping center of the type t found in the Portland, Oregon metropolitan area, and shall refrain from sing the Tract is such a ! ( I way that would tend to create a nidsttnce or damage the reputation of the Property, its Owners or I+ i its Occupy, including um rtstdit in vibration, noise that exceeds standards as exa=dy set forth in Oregon's Noise ConW Rzgulaiow for industry and Commerce at OAR 340-35.035, as j subsoqucatly amended or revisod, electro-inechanical or electromagnetic disturbances. trlcase of > radiation, air or water pollu dou, ucessive dust or litter, offensive odors, the micasc, storage or deposit on a Tract of arty euvironmcnully hazardous or toxic materials, as defined by Laws, or the emission of any toxic or nontoxic mattrr ('including steam). No restaurant (including any take-out, fastfood, cafeteria or W service sit down restaurant) or any training or educational facility shall be located on Tracts A. C or D as shown on the Property Site Plan attached as ! Exhibit A hereto. Further, no Tract shall be used for a warehouse (except in conjunction with retail used car wash, pawn shop, cluck cashing service, establishment selling second hand goods + (except used or it conditioned tires which may be sold on Tract G), or flea market, enterudnmrnt or recreational facility; for the renting. leasing or selling or displaying therefore of any boat, motor vehicle or trailer, or for industrial purposes. For the purpose hereof, the phrase "entertainment or recreational facility" shall include, without limitation, a theater, carnival, bowling alley, skating rink, amusement center, electronic or mechanical games arcade, gym. health or aerobic spa or studio, gymnasium, dance hall. billiard or pool hall, massage parlor, pornographic shop, adult book store, nightclub, tavern, cocktail lounge. any facility serving alcoholic beverages or allowing the on-pruniscs consumption-of alcoholic beverages, excepting j only from this prohibition a full service restaurant serving alcoholic beverages as an incidental i c, part of its food service operation (which restaurant nevertheless shall be subject to the restriction i~ contained above for Tracu A. C and D), betting parlor. game parlor or bingo parlor. The phrase i "training or educational facility" shall include, without limitation, a beauty school. barber college, reading room, place of instruction or any other operation catering primarily to students or trainees rather than customers, brit excludes employee training by Shopping Center Occupants incidental to the conduct of their businesses within the Shopping Center. This section shall not i• preclude an Occupant's storage and use of oil and tube products on Tract F provided that such Occupant's primary business activity on Tract F involves automobile oil change and lubrication sales and service and provided that Occupant complies with all applicable laws and regulations ! and keeps the Premises free from any oil or hydrocarbon spills and from any releases of environmentally hazardous or toxic materials prohibited by such laws or regulations or which may otherwise be visibly apparent, 7.3 Exclusive Uses. The uses described on Exhibit C attached hereto shall be exclusive uses for the Occupants of the Tracts and time periods indicated. No Occupant of any i other Tract may use such Tract for those exclusive uses until such time as those exclusives expire. 7.4 Maintenance~of Trggls. Each Owner and Occupant shall be responsible, at ! i~ ! its expense, for the maintenance and repair of all Improvements on its Tracts, except those 7 - Declaration of Easements, Covenants and Restrictions G.~5TCR?UJQECLAR).ECR O 843-9314:22ppn ! ~ Q i, (i NOV-2?-1995 14:3? FROM T 17 TRO TITLE DEPT. TO T1 BROADWAY P.009/018 i~ i Common Arcs make hems to be the responsibility of Deelsraat as ad forth in Section 4 above. Such msintmance and repair shall Include, but shall not be limited to, the maintenance of the Tract in a mares comet with the appearance of a first-class retail shopping center of the type found In the Portland. Oregon metropolitan area. including the following: (a) MaintaWng and repairing the paved surfaces in a level. smooth i and evenly covcrod condition with the type of surfnciag material and striping originally installed or such mAntitatte therefor as" in all respects be equal in quality, use and durability; j i (b) Placing keeping in repair and replacing any necessary appropriate I~ II directional signs. markers and lines; (c) Maintaining all landscaped areas, repairing automatic sprinkler systems; or water lines in the Common Area and replacing shrugs and other landscaping neccstary; as A. (d) Keeping the Common Area adequately lighted during any hours the Occupant on the Tract is open for business. replacing all damaged or defective bulbs Ij ; I or fixtures, and replacing the lighting system with a new system approved by Declarant it for installation in the entire Common Area when the existing system becomes inadequate or obsolete by then current standards; (e) Maintaining and repairing all sidewalks and curbs (including those situated on the perimeter or outside the boundaries of the Common Area, if customarily perforated by adjoining property owners); and (f) Until Buildings and otber Improvements are constructed thereon, ! grading, seeding and general maintenance of the unimproved Tracts. i 7.5 jagrrance, Each Owner shall provide for its Tract public liability and property damage insurance in a t+esponsible company with a combined single limit liability of not 1 less than $2,000.000. Each public liability policy maintained by an Owner shall name the other Owners as additional insureds, Each Owner shall also insure all Buildings on such Owner's Tract against fire and otha risks covered by a standard tirr insurance policy in an amount equal i. to the full replacement value with an endorsement for extended coverage. On request. each Owner shall furnish to any other Owner adequate evidence of insurance required by this Section, i~ • I' Each Owner shall have the right to self insure provided such Owner can establish by credible !I evidence that it has a net worth of at least $25 million dollars (in 1995 dollars) or otherwise ~ . obtains the written consent of the other Owners. i 8 - Declaration of F.w=e:nts. Covenants and Restrictions aASTER7040ecuAar.ecx o A-"-95/4A1PM i ji IAOV-27-1995 14 37 FROM -'^.0 TP.O TITLE DEPT. TO -TO ROADWAY P.010i018 jl;ll~ I~ • I 8. i• 8.1 Nature of Dsd=Wm All of the covenants, conditions, restrictions, and agramarts sd forth in this Declaration are made for the direct, mutual, and reciprocal benefit of each and every Tract, shall create mutual equitable servitudes upon each Tract in favor of every otba Tract, shall create reciprocal rights and obligations between the Owners and Occupants r; ! AU Tnacb, their heirs, ===3, and assigns, and shall, as to all Owners and Occupants of tech ' Tract, their beiM successors, and assigns, operate as covenants mining with the land for the I` mutual benefit of all Tracts. A II► 8.2 curiOggfauly~, In the event any Owner fails to fulfill its obligations j~ II ` stated in this Declaration, after giving such Owner 30 days written notice of the failure and such II, Owner's continued failure to cure, any other Owner or Owners may take action to cure the failure ~I1I and shall be entitled to recover all costs of curing such failure from the defaulting Owner. 8.3 Rights of Fnforcement- The right of enforcement of the covenants and conditions of this Declaration shall belong only to the Owners of each Tract, and nothing contained in this Declaration shall be deemed a dedication of any portion of the Property to, nor I Ji bestow a rigbi to enforcement of this Declaration by, the general public, or for any public purpose whatsoever, it being the intention of Declarant that this Declaration be strictly limited to 'I. and for the purposes expressed herein. and for the benefit of the parties hereto. BA IcEd This Declaration shall create privity of contract among all of the Ownas, their heirs, executom administrators, successors, and assigns. In the event of a breach, or attempted or threatened breach by any Owner of any of the terms or conditions hereof, any one or more of the other Owners shall be entitled. in addition to other remedies provided herein, to full and adequate relief by injunction or any other available legal and equitable remedies by reason of the consequences of such breach. The liability of each Owner shall be limited to such it ill! Owner's interest in its Tract or Tracts. 9.5 &tbi ilt;lon.. All disputes between the parties may be settled by binding arbitration. If any dispute arises between the parties based upon the terms of this Agreement, I ' ! either party may demand binding arbitration of such dispute whether before or after a suit or II' ' action is filed in connection with the dispute. If the parties do not mutually appoint an arbitrator within tern (10) days of notice of demand for arbitration, then either party may apply to the Presiding Judge of the Washington County Circuit Court to appoint the required arbitrator. The I arbitration shall proceed according to the Oregon statutes governing arbitration (ORS 36.300 - ! I ! 36365 as of the date of this Agreement) and the award of the arbitrator shall have the effect Ij 'I therein provided. The arbitration shall take place in Washington County, Oregon. All costs of compensation of the arbitrators shall be paid in equal shares by the parties hereto. Attorneys fees and other costs of arbitration shall be paid in accordance with Section 8.6. The arbitration shall ~I be conducted in accordance with Chapter 13 of the Uni,orm Trial Court Rules. The arbitrator shall hear the matter within thirty (30) days of the notice of demand for arbitration unless otherwise agreed in writing by the parties. 9 - Declaration of Easements, Covenants and Restriction oASTEx70410ECLAw.t:ca o 623.95,4:11pm II, 'i I~ OQU-27-1995 14:32 FROM TRO TITLE DEPT._ TO *C~ROADWAY P.011/01e i . II ' I' No breach of a term or condition of this Declaration aha11 terminate this i Dcelsidon. nor shall swt breach detm or reader invalid the Ucn of any tiro mortgap or first dead of trust mach In good tii sad for value. This Declaration shall be binding on sad drecti ve agtdmt anyone whose tide to a Tract or any portion of such tide or Tract Is sequined by foreclowre, trustee's sate ot otherwise. 8.6 If suit or action is instituted in connection with any Mnlya raising vest of a breach of this Declaration. the prevailing parry shall be entitled w ~ recover, in addition to coats, such soma as the trial court, and, Van appeal is taken, the appeue j ' cwk may adht* reasonable as sit nM fees. i 8.7 Nonwai Waiva by my Owner of strict performance of any provision of this Declaration shall aloe be a waiver of or pmtj"cc the Owner's right, or any other Ownct's I I right, to r+ogtaise the strict ptsfosrnNae of the same provision in the future, or of any other provision of this Declwatk= A 9. Mtsssllssl. , 9.1 A=UcaMliW All site development, design. landscaping, maintenance and use of each Tract shall comply with all Laws. To the extent any Laws conflict with any of rite conditions of this Declaration, then such Laws shall control. but the remainder of this Declaration !I shall remain is full forte and effect ! il• i 9.2 Eminent Damni Lm the event all or any portion of the Property is taken in accordance with the Laws under power of eminent domain. this Declaration shall terminate as I . to such portion only, but shall continue in force and effect as to the reminder of the Property. 9.3 BcWrdatiofl. This Declaration shall be recorded in the County recorder's j office of Washington County, Oregon. ! 9.4 1, ; ! AIdmLII1. The provisions of this Dalaratiom may be modified. in Ti: whole or in part. only with the consent of at least 75% of the Owners, in a writing, executed and acknowledged by such Owners, and recorded in the County recorder's office of Washington County, Oregon. IN WCTNESS WHEREOF, Declarant has executed this Declaration as of the date first set forth above. STERLING PMENT CORP TI ON, a Californi rpo on By: Ic Rasak, President I i 10 - Declaration of Easernatts, Covenants and Restrictions o'JMV4#'DEcwu.rc,r o a:~•vr~. it i; -t~ ROADWAY P.012/018 4t NOV-27-1995 14 39 FROM T " OF TRO TITLE DEPT. TO .I STATE OF Cvuaty of on this sday of4~%95, before me, the undersigned, a Notary Public in and for said State. y appeared Jeffrey Rasak, President. Sterling Development Corporation, a California corporation. on behalf f sal' ration. ' No Public for ,III Comtnissi0 l cola mom N0. mm y hK OOI~t$310N E74lRE$ Alq. ~.1i~T AI 4 . ;I i ' i ,I I 1 - Declaration of Easements, Covenants and Restrictions cASM704wscLARXECR 0 a-25.95 :11pm NOV-27-1995 14:39 FROM Tye' RO TITLE DEPT. TO T1C~BROADWAY P.013/018 'I! . FJtHI rr 'A' LEGAL DESCRIP'T'ION PARCEL 1: That portion of Lot 10, WILLOWBROOK FARM, and of Parcels I and 2 of PARTITION PLAT NO. 1995-046, located in Section 10, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: I: Beginning at the Northwest corner of Parce12 of PARTITION PLAT NO. 1995-046, recorded as Document No. 9S031558, Washington County Plat Records, said point being on the Easterly right of way line of S.W. Pacilia Highway (99W); thence along said Easterly right of way line on a curve to ! the right having a radius of 2905.00 fact through a central angle of 020 21' 33" (chord bears South ISO 34'33" West, 119.61 feet) 119.61 feet; thence leaving said Easterly right of way line South 720 25' 24" East, 57.93 feet; thence North 890 49' 23" East, 59.01 feet; thence South 00° 10' 37" East, 32.06 feet to the true point of beginning; thence South 89' 59' 51" East 113.43 feet; thence South 00' 11' 42" West, 60.52 feet: thence along a curve to the left having a radius of 70.00 feet through a central ! angle of 300 59' 43" (chord bears South 150 18' 10" East. 37.41 feet) 37.87 feet; thence South 340 49' ; 01" East, 7.87 feet; to a point on the Northerly right of way It of SW 109th Street; thence along said right of way line on a curve to the right having a radius of 129.00 feet through a central angle of .j 330 58' 47" (chord bears South 72° 50' 13" West, 75.39 feet) 76.50 feet, thence continuing along said right of way line South 890 49' 36" West 60.07 fat; thence continuing along said right of way line on `I $h Y 8 8 Y a curve to the right having a radius of 314.00 feet through a central angle of 01° 19' 29" (chords bears North 890 30' 39" West, 7.26 fat) 7.26 fat; thence leaving said right of way line North 05° 33' 17" I l East 126.32 feet to the true point of beginning. {I' is PARCEL 2: That portion of Lots 10 and 11. WILLOWBROOK FARM, located in Section 10, ;I Township 2 South, Range 1 West, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a 2 inch Brass Cap "Cooper Consultants" which is the Northeast comer of Lot 16 of "Willow-Brook-Farm" per SN 15937 and Deed and which was held as the Initial Point of Phase I of the "Fountains at Summerfield Condominiums"; thence South 89° 32' 08 West 810.78 feet to a point on the Easterly right of way line of SW Pacific 1•lighway (99W) said point being the Northwest corner of Fee No. 94-020883; thence North 20' 18' 54" East along said right of way line a distance of 500.18 fat to a point on the Southern right of way line of SW 1091h Street; thence North 64' 33' 14" East along said right of way line a distance of 35.55 feet; thence continuing along said right of way line South 710 14' 19" East, 33.89 feet; thence continuing along said right of way line on a curve to the I left having a radius of 386.00 feet through a centrni angle of 18° 56' 05" (chord bears South 800 42' 21" East, 126.98 feet) 127.56 feet; thence continuing along said right of way line North 890 49' 36" East, 60.07 feet; thence continuing along said right of way line on a curve to the left having a radius of 201.00 feet through a central angle of 790 56' 48" (chord bears North 49' 51' 14" East, 258.25 feet) 1i { 280.46 Tent; thence North 890 49' 23" East, 189.00 feet to a point on the Wcstern line of the "Fountains At Summerfield Condominiums". Phase 16; thence South 000 06' 14" East, 613.64 feet to the true point of beginning. il1l ~3 NOV-27-1995 14:39 FROM TTCO~TRO TITLE DEPT. TO TIC~BROADWAY P.014/018 I ~I ,i ZXHffiiT'A' LEGAL DESCRIMON That portion of Lot 10, WILLOW BROOK FARM and Parcel 1 of PARTION PLAT No. 1995.046, in the City of 71ga4 County of Washington and State of Oregon, described as follows: i Beginning at the Northwest corner of Parcel 2 of said partition plat No. 1995.046, said point being on the Easterly right of way line of S.W. Pacific Highway (99W); thence along said Easterly right of way line on a curve to the right having a radius of 2905.00 feet through a central angle of Or 21' 33" j 1. . (chord bears South IS• 34' 33" West, 122.75 fed) 119.61 fed to the true point of beginning: thence continuing along said Easterly right of way line on a curve to the right having a radius of 2905.00 feet through a central angle of Or S4' 47 (chord bears South 18.23' ' 14" West, 153.69 fed) 147.69 fat to the North right of way tine of Southwest 109th Street; thence along the Northerly right of way line ' of Southwest 109th Street, South 710 14' 19" West. $6.88 fat; thence continuing on said Northerly line on a curve to the left having a radius of 314.00 fed through a central angle of 17.36' 35" (chord bears South 80.02' 37" East, 96.13 feet) 96.51 fed; thence leaving the North line of Southwest 109th Street North OS• 33' i7" East, 126.32 feet; thence North 00° 10' 37" West. 32.06 feet; thence South 89.49' 23" West, 59.01 fed; thence North 72.25' 24• West, 57.93 feet to the true point of beginning. ~ : . I(~ i s ! ' i 1 II, 1T.I I I it I , t`IOV-27-1995 14:40 FROM " "OTRO TITLE DEPT. TO ' T C~BROADWAY P-015/018 EX mff 'A' I LEGAL DESC JMON That portion of Lot 10, WILLOWBROOK FARM, and Parcels 1 and 2 of partition plat No.1995-046, ! ;i In the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the Northwest corner of Parcel 2 of partition plat No. 1995.046, said point being on the If i . Easterly right of way line of Southwest Pacific Highway (99W): thence along said Easterly right of way line on a curve to the rirht having a radius of 2905.00 feet through a central angle of 02° 21' 33" I 1 I ~I (chord bears South 15.34' 33" West. 122.75 feet) 119.61 feet; thence leaving said Easterly right of ` way line South 72° 25' 24" East, 57.93 feet; thence South 890 49' 2.3" East, 59.01 feet; thence South : (i 00° 10' 37" East, 32.06 feet; thence North 89° 59' 51' Fast, 113.43 feet; thence South 00° 11' 42" i' West, 60.52 teethence on a mve to the left having; a radius of 70.00 feet through a central angle of i;ii ' l; .8 30° 59' 43" (chord bears South 159 18' 10" East, 37.41 feet) 37.87 feet; thence South 300 48' 01" i., East, 7.87 feet to the Northwesterly 'right of way line of Southwest 109th street, thence along said ji Northwesterly line of said Southwest 109th street on a curve to the left having a radius of 129.00 feet through a central angle of 450 57' 57" (chord bears North 3P 51' S I" East, 100.74 feet) 103.49 feet; thence continuing along the right of way line of Southwest 109th street North 80° 07' 08" West, 6.00 "i fed to a point on the Westerly right of way of said Southwest 109th street; thence continuing along I.' the Westerly line of Southwest 109th stroet on a curve to the left having a radius of 135.00 feet through a central angle of 050 00' 50" (chord bears North 12° 23' 17" East, 11.81 feet) 11.81 feet; thence continuing along the Westerly line of Southwest 109th street, North 030 26' 15" East, 116.43 feet; thence on a curve to the right having a.radius of 230.00 feet through a central angle of 10 31' 05" (chord bears North 10' 37' 38" East, 58.19 foot) 58.28 feet; thence leaving the Westerly line of said Southwest 109th Jtreet, South 89° 49' 23" West, along the North line of Parcel 2 of said Partition Plat 1995-046, a distance of 288.39 feet to the true point of beginning. 1~ ` NOV-27-1995 14:40 FROM T`e-O TRO TITLE DEPT. TO TIC ROADWAY P.016/018 DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS JULY 1995 i STERLING DEVELOPMENT CORPORATION EXH BIT B ,i qW2 Criteria This sign criteria has been establisbed for maintaining the overall appearance of the Center. THE FOLLOWING REQUIREMENTS ARE TO BE OBSERVED BY ALL SHOP OCCUPANTS REGARDING SIGNS AND STOREFRONTS. { A. GENERAL - OCl'1 jPAh= BL,ULMNG SIGN: f• pant building signs shall conform to local code ordinances and bear the U.L. 1. All Occu I ` label. , i~ a 2. After obtaining any owner approvals rogair+ed. Occupant, or its agent. shall obtain a sign ' t permit prior to installation. 3. Two copies of Occupant's sign layout shall be submitted to Owner for approval before fabrication, indicating colors, exact placement of sign on the building, dimensions of sign and details of construction. 4. An approved drawing is required prior to installation. Signs built without approval or contrary to corrections will be altered to conform to requirements at Occupant's expense. 5. No flashing or animated signs. sign cans or cabinets will be permitted. i 6. No projections above or below the sign band will be permitted. i 7. The Owner will provide one primary electrical service terminating at the point shown on the plans. I 8. All ballast(s) shall be concealed and no exposed electrical tubing of "Crossover" will be i~ . permitted. Raceway dimensions shall not exceed 10" in height. 8" in depth or the length of the "channellume" lettering stack without the written approval of Owner. Raceway to i be exposed. 9. Signs are to be illuminated, using "Channellume" lettering with plexiglass face internally lit and may be any size so long as contained within 36" height limitation. All exposed I ' metal frame to be dark bronze (anodized) color (See Elevation & Section). Raceway color to be verified and approved by Owner prior to production. 10. Occupant logos will be permitted subject to Owners review. Sign can be no larger than 36" square and shall be contained within the 75% storefront length. H. Two lines of lettering will be permitted, subject to Owner's approval, as long as contained within 36" height limitation. Exhibit B, Page 1 0:%STM7NMECLA9UXCR n 9-23•9.V4 11pm i to VOU-27-1995 14 41 FROM T,rA~ETRO TITLE DEPT. TO TIC~BROADWAY P.017/018 12. Sign ahall be located only within designated sign band area per the following elevation. 13. Sign shad be located of occupant storefront sign band, within 75% maximum of Occupanfa storefront IWeal footage. till 14. One sl~n per sign band area will be permitted. 15. Symbols, lettering style, spacing and colors are subject to written approval of Owner. 16. No signmaket's label or other identification will be permitted on the exposed surface of. the sign except those required by local ordinance which shall be placed in an 1 inconspicuous location. t B. sENERAL OCCUPANTS WINDOW SIGN (SJQ&U.R0Nn: 1. Occupant may apply limited lettering to door or window area adjacent to door, to specify i hours of operation, emergency phone numbers, etc. 2. Lettering area shall bo limited to 240 square inches. ! q; ~.I ! 3. Individual letters shall be a maximum of 2" in height. i , I ! 4. Lettering may be of gold leaf en polished plate glass. f'I': 5. Letter style shall be "Helvetica" medium. ! . i • Ike.,' 6. No other window sign will be permitted. C. INSTALLATION: Installation, maintenance and repair of all Occupant signs shall be at Occupant's expense and shall be installed in a manner approved by project architect. Occupant shall be fully responsible for the operations of the Occupant's sign contractor. All building signs shall be installed on a narrow profile exposed raceway painted to match the brick. Verify color with Owner. D. EXCEP_Ii-NS: No exceptions shall be permitted without specific written approval of the Owner. i j .r. Exhibit B, Page 2 CASITR70461DECLARIECR a 6.23.9314:11pn I' i ~NOU-27-1995 14:41 FROM T'r; METRO TITLE DEPT. TO ~T BROADWAY P.018/018 u: :TI U DECLARATION OF BASEMENTS, COVENANTS AND RESTRICTIONS JULY 1995 ;I 1 STRIMING DEVELOPMENT CORPORATION EXHIDIT C Ejgjmlve Uaea i The following Tracts shall have the benefit of the exclusive uses shown: f' Tract F Automobile oil change and lubrication sales ~ and service, except to the extent other k , Owners or Occupants within the Shopping Center sell such items as an ancillary use to their primary buainess, and provided that this 1 exclusive use shall terminate and expire if ! E f such use is discontinued for a period longer F t than six (6) consecutive months. Tract Q The We, installation and servicing of tires, brakes, batteries, shock absorbers and ~ suspension, except the extent other Owners or ;'r 111 1 Occupants within the Shopping Center sell ( . such items as an ancillary use to their primary business, and provided that this exclusive use shall terminate and expire if such use is ` j discontinued for a period longer than six (6) ii consecutive months. i ;•i. I ' I. ' .~ir' J E f Ill~j;!ii ExWbit C a:.S,Ea704FOECLAR7 ECR o nas.ss/.; j l prn i TnT01 P rat a I STERLING DEVELOPMENT CORPORATION November 25, 1996 VIA U.S. MAIL Mr. Mark Roberts Assistant Planner, AICP City of Tigard, Oregon 13125 S. W. Hall Boulevard Tigard, Oregon 97223 Re: Minor Land Partition - Pad "D" Tigard Promenade Tigard, Oregon Dear Mark: Thank you for your facsimile dated November 25, 1996 regarding the Minor Land Partition for Carl's Jr. (Pad "D"). At your request, I have enclosed a conformed copy of the recorded Declaration of Easements, Covenants and Restrictions (REA) affecting the Tigard Promenade Shopping Center. I am providing Becky Samuelson of Norris, Beggs & Simpson with a copy of your facsimile, who will process the fees to accomplish this Minor Land Partition. If you have any questions or need additional information, please feel free to contact me or Becky Samuelson of Norris, Beggs & Simpson at (503) 273-0347. VqEnclos tlyours Rasak CC: Richard J. Langdon ebecca Samuelson S. R La Jolla Corporate Center o 3252 Holiday Court, Suite 225 o La Jolla, California 92037 o (619) 546-8841 FAX (619) 546-8807 Regional Offices - Sacramento, California o Portland, Oregon 1 CAMFORNIA ALL-PURPOSE ACKNOWLEDGMENT L,l State of County of On Sc'~C . ~ CO ~ C1q LO before me, Dale Name and Tufe of Officer (e.g., 'Jane Doe. Notary PubbC-) personally appeared J r~£v Lam' L E Name(s) of Signer(s) ❑ personally known to me - OR )KProved to me on the basis o satisfactory evidence to be the person(ewhose name~Tf is/,ap4rsubscribed to the within instrument and acknowledged to me that he/p4/tpWy executed the same in his/t r/tp6ir authorized capacityjie< and that by his/~4h~eir signatures on the instrument the person~aj; R LLORD or the entity upon behalf of which the personKacted, Commission ;1080307 executed the instrument. Notory Pul~iie - Conff mio Son Diego COutty My Comm. Expires Doe 10.1949 WITNESS my hand and official seal. - - - - - - - - - - - - I - 7~~ - ~~j Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:5-c•cr-4(~~ AkkeN YARY"tT-77) -0EcLAjZ,4-r,cc~ o(-- - ^ Co V e r-aA Arr-lO t L-rX C.?'-S Document Date: Number of Pages: Signer(s) Other Than Named Above: Y~dl1 Capacity(ies) Claimed by Signer(s) Signer's Name:6 , G"2c,-=:=> Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: ^ Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: C i99e Nat,onai Notary nssouaton • 8236 Remmet awe., PO. Bot 7iBa • Canoga Part, Cn 9t3097tBa P,oo. No 5907 Reoroer, Cait Touflee t•BW6766827 \VAS}•1INGTON FEDER.4*A~~T1-N aLnited States corporatic By: . Its: STATr: ) ss. County of ) Ste- ,c T.4c.-~~ v This insmn,ient was ackno ed before me on September , 1996, by as of Sterling Development Corporation, General Partner of Tigard Promenade Partners, a California limited pa , ip, on behalf of said partnership. No:ary Public for Noy Commission expires: STATE OF ss. County of C ) This insnument was acknowledged before me on September 1996, by Tpm )q4t1(ma as AcsIdAn;i * of SFP-B Limited Partnership, an Oregon limited partnership, on behalf of said partnership. *ot S.TC- 6, Inc. GuUs-art J04Alsur OFFICIAL SEAL o co) MARY JO GRIMES Notary Pu is r rlAg NOTARY PUBLIC- OREGON My Commission expires. /-2t/-99 COMMISSION NO.040254 MY CDMMISSIDN EXIRES JAN. 24.1899 . STATE OF ) ss. County of This instrument was acknowledged before me on $eptember 1996, by W. V. RffAD as 1i.P. r elf rc~141 /11" WN` r shington Federal Savings, a United States corporation, on behalf of said partnership. OFFICIAL SEAL Notary Public for } DIANA RAE MYE:RS My Commission expires: .9-/~ 1 a`u 00 NOTARY PUBLIC - OREGON COKIM.ISSION NO. 055746 .-...•w-w, r mss: - - Second ; m-,ndMLni to Declaraiion of fasentents• c •«.~~;;f,:~-~~u;.~•::cc s>•,:.:.. NA C: vCnams 'nd R,siriclior.s { NOU-27-1995 14:3-? FROM T METRO TITLE DEPT. TO -TLCOR BROADWAY P. 002/01e AFTER RECORDING RETURN TO: • Ticor Title Insurance Co. ,I1 1600 SW Broadway, Suite 1555 ! Portland, OR 97205 i i 636994-LG ill a DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS i! Zti TIGARD PROMENADE This Declaration is tnadc this day of August, 1995, by STERLING DEVELOPMENT CORPORATION, a California corporation ("Declarant'). RMAL-S A. Declarant owns, or is entitled by way of casement to utilize, certain real property i known P.s Tigard Promenade Shopping Center, located in Tigard, Oregon, and more particularly described and shown on the attached Exhibit A (the "Property" or "Shopping Center'). B. Declarant is developing the Property as a shopping center. Declarant intends to convey fee title to Tracts E and G within the Property to owners that will develop and use such parcels for uses compatible with a retail shopping center. I ` I~ C. Declarant desires to make the Property subject to certain easements, covenants and restrictions regardln•; common areas and use of the Property. I' ! DECLARATION 1. j?.efinitions. As used in this Declaration, the following terms stall have the definitions set forth in this Section: i~ 1.1 "Building" shall mean and include, but not be limited to, the main portion of a structure built for permanent use, and all projections or extensions thereof. i 1.2 "Building Area" shall mean all those portions of the Property shown as Building Areas on the Property Site Plan attached as Exhibit A hereto, including the "Expansion ! Area" shown on Tract B for Safeway, 1.3 "Common Areas" shall mean all areas located on the Property not shown • as Building Area on the Property Site Plan attached as Exhibit A hereto, including, but not limited to, those areas used for or constituting driveways, parking areas, walkways, roadway medians, landscaping, outdoor lighting, and any other areas outside of the Buildings located on , the Property, but excluding any public roadways. 1.4 "improvements" shall mean all improvements now or hereafter placed or I{ i~ constructed in, under, or on the Property, including, without limitation, Buildings, outbuildings, T 1 - Declaration of Easements, Covenants and Restrictions GASTER704moscEAUECR o e-2$-95.+:01pm 2 NOV-27-1955 14: :;3 FROM T& METRO TITLE DEPT. TO ;LCOR BROADWAY P.003i018 ro-d& drhTways. pwkiog Areas, Ica eening walls, barriers, berms, mining walls, staim decks, ~ i sanity distribudon fsduses, shopping cart coumdon areas sad signs. i 1.3 *Lsvvis' sb&U include all statutes, ordinances, laws, codes, rules. ores, cqukable pdadyks. ordem approvals, denials, directives, and conditions passed, :I i issuod, announced or psomanlgatod by say branch of fodcral, state, city or county government, or any office, department, starry, administrative body, board, council, court or committee thereof to which Ju i ion the Property or a Tract is subject. 1.6 'Occupant" sha11 tzcan an Owner, a lessee of an Owner, or any other person or earthy in lswfol po=ession of a Ttsct, a Building. or portion thereof. with the perm mon of Owner. including. but not unlined to, a tenant. subtenant or licensee on the Property. 1.7 'Ownee aha11mean any person or entity which is the record owner of fee j Ample title to any Tur4 or a contract vendee or mortgagee in possession of a Tract. , i I t 1.8 'Street' shall mean any dedicated public street, highway, road or thoroughfare within or ad}avcnt to the Property and shown on any recorded subdivision or parcel ± . map, or record of vxvcy, however designated. 1.9 'Tract' shall tnesa the Property, and any fractional part thereof. which is partitioned or subdivided so as to constitute a legal lot under the laws of Washington County and the State of Oregon. k 1.10 -Visible from.neighboring property- shall mean, with respect to any given ~ objcct on a Tract, that such object is or would be visible to a person six feet tall, standing at an elevation equal to the base of such object on any part of any real property other than the Tract. 2. Declaration. Declarant hereby declares that the Property, and each Tract therein, is and shall hereafter be subject to the terms and conditions of this Declaration. I ` 3. Fem. Declarant hereby declares and r=ves the following reciprocal. non- exclusive, pcrpctaah easements for the benefit of all Owners and Occupants of all Tracts, and their respective customers, invitees and employers: 3.1 . An twerntat for necessary ing= and egress by appropriate modes oftraasportation and in accordance with all signagc and directional markings over all walking and driving areas now or hereafter located on cacti Tract within the Property. 3.2 Mina. An casement for parking in all designated parking spaces in the i~ parking areas on each Tract within the Property. I ; . ! I! 2 • Declaration of Easements, Covenants and Restrictions oASM71N MECLAUErR o S-I3.9L4:01pn ! .t 140V-27-1995 14:34 FROM T#, METRO TITLE DEPT. TO OR BROADWAY P.004i018 . ,i 33 An ca=cut and right-of-way over, under 'I and through each'Trvct for the purpose of installing. maintsining. repsitin& and replacing public utility lines, services, and ftclhtes reasonably necessary to serve the business roods of an O=q*d on or an Owner of another Tract Easements for such purposes may only be located in j' common arras as allowed in Section 5.4 below. 3.4 QM=2C A An east to use and enjoy the Common Areas for their intended and dasigned purposes, includin& in addition to ingress, egress, parking and Utilities, tare for ah "*W cart coll+eaion and landaCaping. 4. ComMcm Ana& Each Owner shall ;,wn and maintain. at such Owner's own expanse and in accotdsarce with Section 7.4, all Common Areas located on such Owner's Tract in accordance with the tetras of the Declaration. except to the extent such maintenance is otherwise expmWy provided for is this Section 4. Parking area. driveway and walkway sweeping, washing, stow and ice removal, refttse control (paper. debris, refuse and litter) and maintenance, i except striping. mealier; and rep2via& shall be common area maintenance items performed b, - Declarant and billed to dw other Owners based upon each such Owner's ratio of square footaist: within its Tract to the total xpmra footage in the Property ("Pro Rata Shard). In addition, it Declarant shall bill to the other Owners their respective pro rata shares of 7% of such maintenance costs as an administration fee. Each Owner shall promptly pay to Declarant its Pm Rata Share of each statement for such common area maintenance items within 15 days of, eceipt of such statement. Declarant shall provide reasonable documentation of such costs, consisting of invoices for all such costs upon written request from an Owner. The portion of the Property devoted to Common Areas shall be not less than 50 percent of the area of all of the Property. No driveways, parking areas. walkways. landscape areas or other designated common arcs uses as shown on the Property Site Plan attached as Exhibit A shall be modified or closed without prior I' written approval of the Owners as required in Section 9.4 herein. 5. Site laement and Design -riteria I~ . 5.1 KzcnCW De-M&D and Construction Criteiia, Improvements on the Property shall be constructed. and the Property shall otherwise be developed, in a manna which provides continuity and harmonious err Ntectural and landscaping treaunent from Tract to Tract. All Buildings shoat appear as an integrated part of the Improvements on each Tract. Driveways and parking arlcas shall be co vu or asphalt concrete. Sidewalks shall be Portland Cement I(: concrete, Colors shall be of subtle tones, except where it is desirable and appropriate to use ; I accent colom and shall include forest green roofing consistent with that of the rest of the ~ buildings within the Shopping Cotta, Signagc shalt include well-lit individual letter channellume type signs. Buildings shall be located within the Building Area for each Tract and II shall cover no more of the Trail than square footage shown on within such Building Area. Such design and construction criteria may be modified for a particular Owner's Building by written approval of Declarant. F I i tI u • I 3 - Declaration of Eaaernents. Covenants and Restrictions 10AST 7*4"Fa.A"•ec11 o 8 $4514:01PM -1 1 r, i IAOU-27-1995 14:34 FROM FOR METRO TITLE DEPT. TO ~ICOR BROADWAY P.005/016 52 Utdipas. The exterior design, including all matcridls, cOIOM i' architec=al features and roof structures must be sppmved by Declamt. Such approval shall not be unreasonably withheld provided the design is architecturally consistent with this Section 5 and ' i the design of other Buildings within the Shopping Ctnttr. The maximum Building height of parcels D. E, F and d :hail be 20 fed from grade, including all parapets, architectural features and roof s u== (sxh a HVAC). 53 Umbs .A=, Loading areas shall be set back, rect7sed, or screened so as not to be via fray neighboring property, and"be integrated into the design of Improvements, provided, however, that these requirements my be modified for a particular i Owner's Building by written approval of Dertmut. 5.4 Utilities- FqW No sewer, drainage, or utility lines shall be placed or 1 constructed anywh= on a Tract other than tinderground or concealed within an Improvement, ! and shall not be located under any Buildings on d Tract or within 15 fat of the perimeter of a Building unless serving that Building. All oatessnac and other communication equipment shall i 1 be placed so as not to be visible from neighboring property, except to the extent that such places is impractical for the operation of such equipment. All service equipment, including. without limitation. meiem transformers, gencratocs, dumpsurs, mechrnical duct work, piping, or HVAC equipment„ shall either be screened from view or otherwise integrated into the design of Improvements, and shall be constructed and plead in fiance with safety and other regulations of utility companies. Nothing contained in this paragraph shall be construed to forbid the use of temporary utility tacilitics during the construction or repair of Improvements. 5.5 Site Lighting All common arcs lighting fixtures shall be of consistent design throughout the Property. "I provide consistent igtunination throughout the Property f sufficient for the purposes for which the Property is being used, and shall be designed to promote a safe atmosphere on the Property. Parking areas shall be lit le-mounted, full cut-off ' osPhtre pcRy. g by pole-mounted, h'Pe P fixtures. Poles shall be sued, and poles and fixtures shall be dark bronze in color. Minimum parking and pedestrian area illumination shall be.3 foot candlm with one foot candle average 1 illumination. Building facade illumination shall be indirect with no visible light source. Service area lighting shall be indirect or incorporate a full cut off-shield type fixture. Uniform lighting i fixtures shall be used, to the extort possible, along walkways. , . 3.6 PmtIng. No parking shall be pcrntitted on any Tract other than in the parking areas located thereon. Off-street parking spaces in a quantity common for suburban developments in the Portland, Oregon, metropolitan area and adequate to accommodate the " panting needs of each Owner and Occupant of a Tract shall be provided by such Owner. Without limiting the generality of tike foregoing, the parties agree to the following specific conditions. on any Tract on which there is a restaurant use. there shall be provided no fewer than one parking space for every 150 square feet of dining area; on any Tract on which there is a general retail use without a restaurant, bar or meeting rooms, there shall be provided no fewer than one parking space for every 400 square feet of rentable space for such use; and on any Tract on which there is a food retail use other than a restaurant. bar or meeting rooms, there shall be I~ • `li 4 - Declaration of Easements, Covenants and Restrictions o:~~s►~o+raectax~.aca o azs•vv~;D,pm t 111OV_27-1995 14:35 FROM COP. METRO TITLE DEPT. TO TICOP, BROADWAY P.006/018 . • it t provided no fewer thaw one pmking space for every 200 square feet of rentablo space for such use. Use of the parking spaces on each Traci :ball be permitted for the Owner and Occupants of all Tracts, including the vwomers, invitees and employes of such Owners and Occupants as provided in Section 3.2. The perimeters of parking areas shall be screened from adjacent Streets, such screening to CXtend at lem 48 inches above the higb point of the paved area and to be accomplished by landscaping, berms, or a combination thereof. No Owner may impose or collect any fee or charge for parking on a Tract unless ordered by an appropriate government authority. If an appropriate governmental authority imposes a surcharge or regulatory fee on customer or employee parking or based on the number of parking spaces within the Shopping Center or any other similar fee or charge, then Declarant and the Owners shall by mutual i Agrccment use their best efforts to institute a uniform fee collection parking system for the Shopping Center. 5.7 mss. No fences of any kind shall be permitted on the Property, unless necessary for security or screening purposes withow arior written approval of Declarant. 5.8 Refuse Coll-_mh m,AI . All outdoor refine collection areas shall be visually screened so as not to be visible from neighboring property. No refuse collection area shall be permitted between a Street or driveway and the side of a Building facing that Street or driveway. 5.9 TemMrarv and Metal Structures. No temporary structures shall be penuitud on any of the Property, except trailers and the like used for construction purposes during the construction period of a Building. No pre-engineered metal-built Buildings shall be allowed on the Property. 5.10 Sig=. Each Owner or Occupant shall install individual letter channelume li type signs for its storefront signage and such other signs as are sufficient to identify the use on its Tract which signage is consistent with the sign criteria attached Exhibit B hercw. There may be i constructed for each Building no more than one ground-mounted, monument-type internally or ground illuminated sign. For these purposes, an integrated group of alphanumeric characters i;. shall be domed one sign. Sign material shall be compatible with the Building to which the sign is attached. The cost of such signs shall be incurred by the Owner of the Tract on which the sign i j is located, ! There rrttay also be constructed two pylon signs for the Property, to be located at the locations shown as l A and I B on the Property Site Plan shown on Exhibit A attached hereto. I The design of such pylon signs, including the pylon and the sign frame, shall be determined by i t Declarant. The pylon sign located on Tract E shall be for the benefit and use of Declarant and 1 l~ the Owners of Tracts E. F and G. An easement is hereby established on, over and across Tract E. running to the benefit of Declarant and the Owners of Tracts F aid G, for construction, use, ingress and egress to and from, and maintenance of such pylon sign. Such pylon sign shall 5 - Declaration of Easements, Covenants and Restrictions a.^srtxrUe,Z&ctAjU.F.cn 0 L-2)-9 4;01M HOV-27-1995 14:36 FROM T METRO TITLE DEPT. TO P. BROADWAY P.007/018 'i I!1 II contain throe equally sized sipage areas, one to be used by each of the owup nta of Tracts B, F and O. and a fotmh signage area a the top to idefify the Tigard Promenade Shopping Crater. i i Teo Declarant shall maintain such pylon sign and the owners of Tracts E. F and 0 shall share equally In all costs of its design, fnbriration, construction, ma.ituenw),x, repair and related utilities. Each such Owner shall pay for its own sign panel to be plae zd on pylon sign. The other pylon sign for the Property shall be designed, fabricated, constructed. maintained and used by Declarant al its sole discretion to identify the Shopping Center and Occupants of the Shopping Center other than those located on Tracts E, F and O. The costs of that pylon sign shall be charged only to the Owners of Tracts A, B, C and D. , . f All such signs must comply with all applicable city and county sign regulations and must be approved by Declarant. 6. 1iag. . 6.1 All developed portions of the Property not occupied by a PAY constructed Improvement shall be landscaped in a complementary and similar I ' manner, consisting of lawn interspersed with indigenous deciduous and conifer tms and shrubbery, which shall appear as an integrated part of the overall design concept. The landscape plan for the Tract shall first be approved by Declarant Landscaping shall be located in accordance with such plan, including the berms where shown, and shall comply with all applicable laws, ordinances, regulations and permits. Within 90 days after the completion of construction of Im rovcmcnts on a P I` developed Tract, or by the date each Building on a Tract is occupied. whichever first occurs, the Owner thereof shall have completed the landscaping in accordance with the approved landscape plan. 6.2 IrTigation. An adequate underground irrigation system shall be provided and maintained by each Owner for all landscaped areas of such Owner's Tract. , i 7. Uses and Maintenance. 7.1 Permitted Uses, Except as otherwise expressly restricted below in Sections 7.2 and 7.3, any t>,se compatible with a retail shopping center and allowed under the ; laws of Washington County and the State of Oregon shall be permitted on any Tract. provided, however, that each use shall be carried on entirely within a Building and not in the Common Areas, except that Safeway may use an outside merchandising area on Tract B up to a depth of i~ 10 feet immediately adjacent to the front of its Building. which area is identified on the Property Site Plan attached as Exhibit A hereto. The drive isle immediately adjacent to and in front of the store located on Tract G may be used for servicing of vehicles provided such use dots not caw a any unreasonable interferences with its use as a drive isle. ,II 1:.I i 6 - Declaration of Easements, Covenants and Restrictions a.tcrFRx MILCLAUICR o 345•934:011prn i ii NOV-27-1995 14:36 FROM T METRO TITLE DEPT. TO OR BROADWAY P-008/018 i 7.2 $=Wcdow On US& Each Owner shall mfraln from allowing such Owner's Trail to at any time fall Into such a state of disrepair or disorder as to give the Tract the i i appcaranoe of anythiug other than a portion of a MU-class retail shopping tester of the type found In the Portland, Oregon metropolitan area, and shaU refrain from ;wing the Tract in such a i way that would tend to cm to a nuinnoe, or damage the reputation of the Property. its Owners or i) l its Occupants, including rasa resWft in vibmdon, noise that exceeds standards as ct> T=dy set i' forth in Oregon's Noise Control RMdatiow for Industry and Commaze at OAR 340-35-035, as i~ subsequently amended or revised, electro-me easical or electromagnetic distu rbancm release of radiation, air or water pollution, exve dust or liner, offensive odors, the release, storage or deposit on a Tract of my cavironmeaLlly hszerdow or toxic materials, as defined by Laws, or j the emission of any toxic or nontoxic matter (including steam). No restaurant (including any take-out, fa32food, cafeteria or full service sit down restaurant) or any training or educational facility shall be located on Tracts A. C or D as shown on the Property Site Plan attached as Exhibit A hereto. Further. no Tract shall be used for a warehouse (except in conjunction with retail use), car wash, pawn slop, chock cashing schist, establishment selling second hand goods j (except used or reconditioned tires which may be sold on Tract G), or flea market. entertainment or recreational facility: for the renting. leasing or selling or displaying therefore of any boat. motor vehicle or trailer, or for industrial proposes. For the purpose hereof, the phrase ; j "cntestaiumew or reaudonal faciUty" shall include, without limitation, a theater, carnival, bowling alley, skating rink, amusement tatter, clectrionic or mechanical games arcade, gym. i health or aerobic spa or studio, gymnasium, dance hall. billiard or pool hall, massage parlor, pornographic shop, adult book store, nightclub, tavern, cocktail lounge, any facility serving alcoholic beverages or allowing the on-premises coasumption-of alcoholic beverages. excepting only from this prohibition a full service restaurant serving alcoholic beverages as an incidental part of its food service operation (which restaurant nevertheless shall be subject to the restriction contained above for Tracts A. C and D), betting parlor. game parlor or bingo parlor, The phrase "training or educational facility" shall include, without limitation. a beauty school, barber college, reading room, place of instruction or any other operation catering primarily to students or trainees rather than customers, but excludes employee training by Shopping Center Occupants incidental to the conduct of their businesses within the Shopping Center. This section shall not i preclude an Occupant's storage and use of oil and tube products on Tract F provided that such Occupant's primary business activity on Tract F involves automobile oil change and lubrication sales and service and provided that Occupant complies with all applicable laws and regulations j' and keeps the Premises free from any oil or hydrocarbon spills and from any releases of environmentally hazardous or toxic materials prohibited by such laws or regulations or which i may otherwise be visibly apparent. 7.3 Exclusive Uses. The uses described on Exhibit C attached hereto shall be ;i exclusive uses for the Occupants of the Tracts and time periods indicated. No Occupant of any E other Tract may use such Tract for those exclusive uses until such time as those exclusives expire. li 7.4 Maintenance of Tracts. Each Owner and Occupant shall be responsible, at its expense, for the maintenance and repair of all Improvements on its Tracts, except those I1 7 - Declaration of Easements, Covenants and Restrictions 0:\5TLR7047QECLAPJ.ECR o h21-9114:22pm ii. it HOU-27-1995 14 37 FROM T]QkR METRO TITLE DEPT. TO T OR BROADWAY P.009i018 I~ Common Arcs maim=MM beau to be the responsibility of Declarant as act forth In Section 4 above. Such wee and tepok:hall include, but shall not be limited to, the maintenance of the Tract in a manna: cowistcut with the appearance of a first-class retail shopping center of the type found in the Portland. Onm metropolitan am*, including the following: (a) Maintaining and repairing the paved surfaces in a level. smooth i and evenly covcrod condition with the type of surfacing mwerial and striping originally installed or sucb substitute therefor as shall in all respects be equal in quality, use and ' durability; i il. (b) Placing, keeping in repair and replacing any necessary appropriate dirrxxional sips, markers and lines; (c) Maintaining all landscaped areas, repairing automatic sprinkler • - ~ . II, ~ e systatu or water Hm in the CA== Arta and replacing shrubs and other landscapin ; as (d) Keeping the Common Area adequately lighted during any hours the Occupaat on the Tract is open for business, replacing all damaged or defective bulbs or fixtures, and replacing the Lighting syst= with a new system approved by Declarant ' for installation in the entire Common Area when the existing system becomes inadequate or obsolete by then current stwxiards; (e) Maintaining and repairing all sidewalks and curbs (including those ' situated on the perimeter or outside the boundaries of the Common Area, if customarily performed by adjoining property owners); and TI (f) Until Buildings and other Improvements are constructed thereon, grading, seeding and general mainw=c of the unimproved Tracts. 7.5 JDZMuW, Each Owner shall provide for its Tract public liability and property damage insurance in a responsible company with a combined single limit liability of not f a . less than $2,000,000. Each public liability policy maintained by an Owner shall name the other Owners as additional insureds. Each Owner shall also insure all Buildings on such Owner's j~ Tract against fire and other risks covered by a standard fin insurance policy in an amount equal (I ! to the full replacen=t value with an endorsement for extended coverage. On request, each q! I' ' Owner shall furnish to any other Owner adequate evidence of insurance required by this Section, Each Owner shall have the right to self insure providod such Owner can establish by credible evidence that it has a net wortli of at least $25 million dollars (in 1995 dollars) or otherwise obtains the written consent of the other Owners. il•i 8 - Declaration of Easements, Covenants and Restrictions o:vTU7o+wecuuu.txx o 9-7~•9)14:11pm i HOV-27-1955 1437 FROM T R METRO TITLE DEPT. TO OR BROADWAY P.010i018 III 3.1 All of the covenants, Conditions, restrictions, and agreements sd forth in this Dticlaration arc made for the dIreM mutual, and reciprocal benefit of each and every Tract. shall create mutual equitable servitudes upon each Tract in favor of every other Tract, shall crewa reciprocal rights and obligations between the Owners and Ooct4sats r,, aU Tracts, their heirs, su=cmwz, and assigns, and shall, as to all Owners and Occupants of each I~ Tract, their heirs. svaxssors, and assigns, operate as covenants running with the land for the mutual benefit of all Tracts. 8.2 sing De ul la the evatt any Owner fails to fulfill its obligation= l' III ' stated in this Declaration, after giving such Owner 30 days written notice of the failure and such Owner's coodwxd failure to tune, any other Owner or Owners may take action to cute the failure and shall be entitled to rocover all coats of curing such failure from the defaulting Owner. ~I'~ ` • Rights of Fnforcement. 'II 8.3 The right of enforcement of the covenants and 1.1: I conditions of this Declaration shall belong only to the Owners of each Tract, and nothing lIi II contained in this Declaration shalt be deemed a dedication of any portion of the Property to, nor bestow a right to enforcement of this Declaration by, the general public, or for any public q ' purpose whatsoever, it being the intention of Declarant that this Declaration be strictly limited to and for the purposes ogr=scd herein. and for the benefit of the parties hereto. 8.4 &CUf This Declaration shall create privity of contract among all of the Ownt.m their heim executors, administrators, successors, and assigns. In the event of a breach, or attempted or dnak aed breach I ' pled by any Owner of any of the tams or conditions hereof, any one or more of the other Owners shall be entitled in addition to other remedies provided herein. to full and adequate relief by injunction or any other available legal and equitable remedies by reason of the consequences of such breach. The liability of each Owner shall be limited to such Owner's interest in its Tract or Tracts. ~I I 8.5 A&jMtjon. All disputes between the parties may be settled by binding i arbitration. If any dispute arises between the parties based upon the terms of this Agreement, 1 either may demand binding arbitration of such di party y spate whether before or after a suit or action is filed in connection with the dispute. If the parties do not mutually appoint an arbitrator within ten (10) days of notice of demand for arbitration, then either party may apply to the Presiding Judge of the Washington County Circuit Court to appoint the required arbitrator. The arbitration shall proceed according to the Oregon statutes governing arbitration (ORS 36.300 - 36365 as of the date of this Agreement) and the award of the arbitrator shall have the effect ' therein provided. The arbitration shall take place in Washington County. Oregon. All costs of compensation of the arbitrators shall be paid in equal shares by the parties hereto. Attorneys fees and other costs of arbitration shall be paid in accordance with Section 8.6. The arbitration shall be conducted in accordance with Chapter 13 of the Uni,orm Trial Court Rules. The arbitrator II shall hear the matter within thirty (30) days of the notice %'f demand for arbitration unless otherwise agreed in writing by the parties. 9 - Declaration of Easements, Covenants and Restrictions o:~x-/wnneaAiu.aex o 42b.95,4-11pm V ,•i I • I~ „1 NOU-27-1555 14:39 FROM T R METRO TITLE DEPT. TO OR BROADWAY P.011i018 II ! II Ill ii.~ ' III No breach of it term or condition of this Declaration shall terminate thIa Dw4mvlon. nor shall such breach defeat or render invalid the lien of any Ara mortVp cc fm doed of MW wade In good fslth cad for value. This Declaration shall be binding on and etiectl m Mimi anyone wbow title to a Tract or any portion of such title or Tract is acquired by formlosum b ufer's sak cc otherwise, 8.6 If wit or MAjon is instituted in motion with any controversy wising out of a breach of this Declaration, the prevailing party shall be entitled to recover, in addition to coats, such sums as the trial court, and, if an appeal is taken, the appellate eat, may adjudw Maio ble as attorneys fees. .1 8.7 miYtL Waives by airy Ow= of strict performance of any provision ' ► ; of this Declaration shall not be a waives of or prejudice the Owmes right, or any other Owner's` right, to segtare the s:63 yerforass = of the some provision in the future, or of any other provision of this Declarapom 9. 9.1 A=UcabiliIX All site development, design, landscaping, maintenance and f ! use of each Traci shall comply with all Laws. To the extent any Laws conflict with any of the conditions of this Declaration, then such Laws shall control. but the remainder of this Declaration -1i •j ; i shaU remain in full force cad effect. , 9.2 Frninent Domain. In the event all or any portion of the Property is taken in accordance with the Laws under power of eminent domain, this Declaration shall terminate as to such portion only, but shall continue in force and effect as to the remainder of the Property. 9.3 $=tsWtii n- This Declaration shall be recorded in the County recordces !I ' office of Washington County, Oregon. 9.4 I; • l Ate. The provisions of this Declaration may be modified. in • ~ ,j:; , whole or in part, only with the consent of at least 75% of the Owners, in a writing, executed and acknowledged by such Owners. and recorded in the County recorder's office of Washington County, Oregon. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first set forth above. STERLING PMENT CORPO T]ON, a I I~ • ! Califomi rpo on By; Jcgfcy Rasak. President I 10 - Declaration of Eas==ts, Covenants and Restrictions 0-%5TE V4tD£C'LAPJ.ECR o Yzs•vs~~.i ! NOV-27-1995 14:3-9 FROM T R METRO TITLE DEPT. TO JeLCOR BROADWAY P.012i016 I+ • f II I STATE OF Cowyof On this day of4,1993, before me, the undersigned, a Notary Public in and for said Statc, pcsaoaally appeared Jeffrey Rasak, President. Sterling Development Corporation, a California corporation, on behalf of sai ration. jI ; OFFICIAL SEAL I LAKA VL o No Public for WTAA ► n uc-o oo~ coMMCWQN H0.02ffi a y Commissio l IdY ~pR~10H ErPIREB AUf3. Z.1i97 'f I +'I 1 I 1 - Declaration of Easements, Covenants and Restrictions GASTEa704MECLARIECK D $-25.9l/4;l+pm ~i , 1140V-27-1995 14:39 FROM T R METRO TITLE DEPT. TO JJJOR BROADWAY P.013i018 EXHIBIT 'A' LEGAL DESCRIPTION PARCEL 1: That portion of Lot 10, WILLOWBROOK FARM, and of Parcels I and 2 of PARTITION PLAT NO. 1995-046, lasted in Section 10, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as rollows: Beginning at the Northwest corner of Parcel 2 of PARTITION PLAT NO. 1995-046, recorded as Document No. 95031SS8, Washington County Plat Records, said point being on the Easterly tight of way line of S.W. Pacific Highway (99W); theme along said Easterly right of way line on a curve to ` the right having a radius of 2905.00 feet through a central angle of 02' 21' 33" (chord bans South ISO 34'330 West, 119.61 feet) 119.61 feet; thence leaving said Easterly right of way line South 72' 25' 24" East, 57.93 feet; thence North 89' 49' 23" East, 59.01 feet; thence South 00' 10' 37" East, 32.06 feet to the we point of beginning; thence South 89° 59' 5l" East 113.43 feet; thence South 00° 11'` 42" West, 60.52 feet: thence along a curve to the left having a radius of 70.00 feet through a central angle of 30' 59' 43" (chord tiara South 15' 18' 10" East, 37.41 feet) 37.87 feet; thence South 30* 48' ; 01" East, 7.87 feet; to a point on the Northerly right of way line of SW 109th Street; thence along said right of way line on a curve to the right having a radius of 129.00 feet through a central angle of 33' 58' 47" (chord bears South 72' 50' 13" West, 75.39 feet) 76.50 feet, thence continuing along said J C i right of way line South 89° 49' 36" West 60.07 feet; thence continuing along said right of way line on a curve to the right having a radius of 314.00 feet through a central angle of 01' 19' 29" (chords bears North 89' 30' 39" West, 7.26 feet) 7.26 feet; thence leaving said right of way line North 05' 33' 17" East 126.32 feet to the true point of beginning. PARCEL2: That portion of Lots 10 and 11. WILLOWBROOK FARM, located in Section 10, i~ Township 2 South, Range 1 West, in the City of Tigard, County of Washington and State of Oregon, described as follows: i{ , Beginning at a 2 inch Brass Cap "Cooper Consultants" which is the Northeast comer of Lot 16 of I "Willow-Brook-Farm" per SN 15937 and Deed and which was held as the Initial Point of Phase 1 of ' the "Fountains at Summerfield Condominiums"; thence South 89° 32' 08", West 810.78 feet to a point ( I On the Easterly right of way line of SW Pacific Highway (99W) said point being the Northwest corner of Fee No. 94-020883; thence North 20' 18' 54" East along said right of way line a distance of 500.18 feet to a point on the Southern right of way line of SW 109th Street; thence North 64' 33' 14" East I` along said right of way line a distance of 35.55 feet; thence continuing along said right of way line South 71' 14' 19" East, 33.89 feet; thence continuing along said right of way line on a curve to the ~jt'• left having a radius of 386.00 feet through a central angle of 18° 56' 05" (chord bears South 80' 42', 21" East, 126.98 reet) 127.56 feet; thence continuing along said right of way line North 89' 49' 36" ' i ;•~1 j i 'j+ East, 60.07 feet; thence continuing along said right of way line on a curve to the lcfl having a radius of 201.00 feet through a central angle of 79' 56' 48" (chord bears North 49' S 1' 14" East, 258.25 feet) 1 { 280.46 feet; thence North 89' 49' 23" East, 189.00 feet to a point on the Western line of the "Fountains At Surnmerf field Condominiums". Phase 16; thence South 00' 06' 14" East, 613.64 feet to the: true point of beginning. . 1: 1 i1 i 11 1 I, i ; NOV-27-1995 14:7-9 FROM T P, METRO TITLE DEPT. TO COR BROADWAY P.014/018 Now i~ . I{.1 YJ[Mff 'A$ LEGAL DESCRUMON That portion of Lot 10, WILLOW BROOK FARM and Parcel 1 of PARTION PLAT No. 199S.046, in the City of Tigard, County of Waihington and State of Oregon, described as follows: Beginning at the Northwest corner of Parcel 2 of said partition plat No. 1995-046, said point being on the Easterly right of way line of S.W. Pacific Highway (99W); thence along said Easterly right of way line on a curve to the right having a radius of 2905.00 feet through a central angle of 020 21' 33" b. . (chord bears South 15* 34' 33" West, 122.75 fed) 119.61 fed to the true point of beginning: thence continuing along said Easterly right of way line on a curve to the right having a radius of 2905.00 feet through a central angle of 02.54' 47 (chord bears South 18° 23' • 14" West, 153.69 fed) 147.69 feet { to the North right of way line of Southwest 109th Street; thence along the Northerly right of way line of Southwest 109th Street, South 710 14' 19" West. 56.88 fect; thence continuing on said Northerly .•''1 line on a curve to the left having a radius of 314.00 fed through a central angle of 17° 36' 35" (chord bears South $0102' 37" East, 96.13 feet) 96.51 fed; thence leaving the North line of Southwest 109th Strad North 05" 33' 17" East, 126.32 foot; thence North 00° 10' 37" West. 32.06 feet: thence South' I ti T 890 49' 23" West, 59.01 feet; thence North 72° 2S' 24" west, 57.93 fed to the true point of beginning. .1II ~i5 .Ii II ,I I1I0IJ-27-1995 14:40 FROM OR METRO TITLE DEPT. TO ICOR BROADWAY P.015i018 rr 'A' I LEGAL DESCRDMON Thai portion of Lot 10, WILL.OWBROOK FARM, and Parcels 1 and 2 of partition plat No. 1995-046, In the City of 71prd, County of Washington and State of Oregon, described as follows: i! k ' fffl' ' Beginning at the Northwest corner of Parcel 2 of partition plat No. 1995-046, said point being on the Eutaiy right of way line of Southwest Pacific Highway (99W): thence along said Eastetiy right of way line on a curve to the rir)it having a radius of 2905.00 feet through a central angle of or 21' 33" (chord bears South 15" 34' 33" West. 122.75 feet) 119.61 feoty thence leaving said Easterly right of `j way line South 720 25' 24" )vast, 57.93 feet; thence South 890 49' 23" East, 59.01 feet; thence South 000 10' 37" East. 32.06 feet; thence North 89° 59' 51' East„ 113.43 feet; thence South 00° 11' 42" West, 60.52 feet; thence on a -trve to the left having a radius of 70.00 feet through a central angle of 30" 59' 43" (chord bears South 15° 18' 10" East, 37A I fed) 37.87 fed; thence South 30° 48` 01" East, 7.87 feet to the Northwesterly Aght of way line of Southwest 109th street, thence along said 'i1 I Northwesterly tine of said Southwest 109th street on a curve to the left having a radius of 129.00 feet through a central angle of 450 $7' 57" (chord bears North 32' $1' 51" least, 100.74 feet) 103.49 feet; i1i4 thence continuing along the right of way line of Southwest 109th street North 800 07' 09" West, 6.00 fed to a point on the Westerly right of way of said Southwest 109th street; thence continuing along the Westerly line of Southwest 109th stree on a curve to the left having a radius of 135.00 feet through a central angle of 05° 00' 50" (chord bears North 12" 23' 17" East, 11.81 fat) 11.81 feet; . thence continuing along the Westerly line of Southwest 109th stmt, North 030 26' 15" East, 116.43 feet; thence on a curve to the right having a radius of 230.00 feet through a central angle of 14" 31' 05" (chord bears North IV 37' 38" East, 58.19 feet) 58.28 fed; thence Icaving the Westerly line of said Southwest 109th Strect. South 896 49' 23" West, along the North line of Parcel 2 of said Partition ; Plat 1995-046, a distance of 288.39 feet to the true point of beginning.4 JI . . .Kt 1 111 '°IL1 . li • 1: i ' iII .I' NOV-27-1995 14:40 FROM TIV METRO TITLE DEPT. TO OR BROADWAY P.016/018 DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS JULY 1995 s STERLING DEVELOPMENT CORPORATION EXHIBIT B i Sian Criter% This sign criteria has been established for maintaining the overall appearance of the Center. THE ' FOLLOWING REQUIREMENTS ARE TO BE OBSERVED BY ALL SHOP OCCUPANTS f i { REGARDING SIGNS AND STOREFRONTS. ' A. QEN Ai.. O 1'l IPA BLULDING SIGN: 1. All Occupant building signs shall conform to local code ordinances and bear the U.L. label. a 2. After obtaining any Owner approvals required. Occupant, or its agem shall obtain a sign permit prior to installation. .I 3. Two copies of Occupant's sign layout shall be submitted to Gwncr for approval before fabrication, indicating colors, exact placement of sign on the building, dimensions of sign and details of construction. 1 4. Art approved drawing is required prior to installation. Signs built without approval or ; contrary to corrections will be altered to conform to requirements at Occupant's expense. "III 5. No flashing or animated signs, sign cans or cabinets will be permitted. 6. No projections above or below the sign band will be permitted. 7. The Owner will provide one primary electrical service terminating at the point shown on I the plans. 8. All ballasts) shall be concealed and no exposed electrical tubing of "Crossover" will be j permitted. Raceway dimensions shall not exceed 10" in height, 8" in depth or the length i { I ! of the'channellume' lettering stack without the written approval of Owner. Raceway to be exposed. 9. Signs are to be illuminated, using "Channellume" lettering with plexiglass face internally lit and may be any size so long as contained within 36" height limitation. All exposed metal frame to be dark bronze (anodized) color (See Elevation 8t Section). Raceway color to be verified and approved by Owner prior to production. 10. Occupant logos will be permitted subject to Ownees review. Sign can be no larger than 36" square and shall be contained within the 75% storefront length. 11. Two lines of lettering will be permitted, subject to Owner's approval, as long as contained within 36" height limitation. Exhibit B, Page I 0:%SM7048ZF-Cuw.sCa a 9-N-9$/1;11pm ii NOU-27-1995 14:41 FROM T R METRO TITLE DEPT. TO OR BROADWAY P.017i018 J' 12. Sign shall be located only within dosignatod alp band area per the following elevation. 13. Sign shall be located et Occupant storefront sign band, within 75% maximum of Occupanfa storefront lineal footage. 14. One sl~;,n per sign band area will be permitted. I 15. Symbols, lettering style. spacing and color` are subject to written approval of Owner. 16. No signmalcees label or other identification will be permitted on the exposed surface of the sign except those required by local ordinance which shall be placed in an i inconspicuous location. t. B. GE.NEM OCCUPANTS WINDOW SIGN fSTOR>•<F,$Qj~: ~ 1. Occupant may apply limited lettering to door or window area adjacent to door, to specify hours of operation, emergency phone numbers, etc. i 2. Lettering area shall ba limited to 240 square inches. 3. Individual letters shall be a maximum of 2" in height. 4. Lettering may be of8old leaf cn polished plate glass. , 5. Letter style shall be "Helvedca" medium. E 6. No other window sign will be permitted. C. INSTALLATION: !t ! . '•1i:I:.:ii Installation, maintenance and repair of all Occupant signs shall be at Occupant's expense and shall be installed in a manner approved by project architect. Occupant shall be fully responsible for the operations of the Occupant's sign contractor. All building signs shall be installed on a narrow profile exposed raceway painted to match the brick. Verify color with Owner. D. EXCEPTIONS. No exceptions shall be permitted without specific written approval of the Owner. .i Exhibit B, Page 2 1 c:\s1eR7048%Den.A;0.ecra 0 1434u4:11pr, NOU-27-1955 14:41 FROM T R METRO TITLE DEPT. TO OR BROADWAY P.01(3i01B DECLARATION OF BASEMENTS, COVENANTS AND RESTRICTIONS JULY . 1995 I 1 STERLING DEVELOPMENT CORPORATION EXHIBIT C Exclusive UM i The following Tracts shall have the benefit of the exclusive uses shown: r Tract F Automobile oil change and lubrication sales and service, except to the extent other ffj Owners or Occupants within the Shopping ' k I j f Center sell such items as an ancillary use to their primary business, and provided that this exclusive use shall terminate and expire if ~!k ! I I c1 such use is discontinued for a period longer y (i "than six (6) consecutive months. Th j. ' e sale, installation and servicing of tires, i I Tract G brakes, batteries, shock absorbers and suspension, except the extent other Owners or Occupants within the Shopping Center sell i. ~,i... such items as an ancillary use to their primary business, and provided that this exclusive use shall terminate and expire if such use is I discontinued for a period longer than six (6) consecutive months. f +!'r : ~~1~. is !'Ui` i Exmblt C A O:%% ER704F0ECLAR7.ECR a 9.25.95/4:llpm 1 1 „ I TnTG1 P MI G I~1 'I, FIRST AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS Tigard Promenade This First Amendment to Declaration of Easenents, Covenants and Restrictions is made this 28th day of February, 1996, by and between Tigard Promenade Partners, a California limited partnership, hereinafter referred to as "Declarant'", SFP-B Limited Partnership, an Oregon limited partnership and Washington Federal Savings, a United States Corporation, all hereinafter collectively referred to as "O-Nmers". Recitals A. Each Owner owns a portion of the land within that certain real property known as Tigard Promenade, located on Pacific Highway in Tigard, Oregon, and more particularly described and shown on the attached Exhibit "A" (the "Property" or "Shopping Center"), and is entitled by way of easement to utilize portions of the Shopping Center owned by the other Owners pursuant to that certain Declaration of Easements, Covenants and Restrictions made the 28th day of August, 1995, and recorded on August 30, 1995, Fee Number 95061475, Records of Washington County, Oregon, (the "Declaration"). B. Declarant, as an Owner of a portion of the Shopping Center, has entered into a lease with Safeway, Inc. ("Safeway'") for a portion of the Shopping Center. C. Declarant and the other Owners recognize the need to clarify certain of the covenants and restrictions set forth in the Declaration. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party hereto, the parties agree as follows: 1. Safeway, its successors and assigns, shall not be subject to or governed by the Sign Criteria set forth in Exhibit B to the Declaration, provided Safeway, its successors and assignees, is in compliance with all government regulations and ordinances regarding its signage. 2. Safeway, its successors and assigns, may use a portion of the Common Area of the Shopping Center, that portion being limited to a depth of ten feet immediately adjacent to the front of the Safeway building, (i) to display merchandise being sold from the Safeway building, (ii) to display seasonal supplies being sold from the Safeway building, and (iii) for the placement of baskarts or baskart corrals, provided, however, that such uses do not unreasonably interfere with pedestrian traffic and are maintained in a neat and orderly condition. Safeway, its successors and assigns, may also utilize the ) • First Amendment to Declaration of Easements. C ••STEr1t~e\PROJ CTS•TteAao oECa Doc Covenants and Restrictions area cross-hatched on Exhibit A attached hereto for the display and sale of seasonal merchandise, provided, however, such areas when used by Safe%vay, its successors or assigns, are maintained in a neat and orderly condition and provided such uses do not unreasonably interfere with pedestrian and/or vehicular traffic of the Shopping Center. 3. Except as expressly modified by the terms of this First Amendment, all other terms and conditions as set forth in the Declaration remain unchanged and in frill force and effect. To the extent there is any conflict between the terms of this First Amendment and the Declaration, the terms of this First Amendment shall control. IN WITNESS WHEREOF, Declarant and Owners have executed this First Amendment to Declaration of Easements, Covenants and Restrictions as of the date first above written. DECLARANT: OWNERS: TIGARD PROMENADE PARTNERS, a SFP-B LIMITED PARTNERSHIP, an California limited partnership Oregon limited partnership By: Sterling Development Corporation, By: ~-----N General P e By: I P2v-.LiA~-riT Washington Federal Savings, a United States Corporation By: IF Oka 444 1d=MadMM;t3P Its: _ N102. ~1lGE P ~St~ KT STATE OF ) ) ss. County of ) This instrument was acknowledged before me on 1996, by as of Sterling Development Corporation, General Partner of Tigard Promenade Partners, a California limited partnership, on behalf of said partnership. Notary Public for My Commission expires: 2 - First Amendment to Declaration of Easements. C',STERLI>''CJ'KOJECTS`,7ICARD1DECk DOC Covcnamss and Restrictions 4LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of I l County of On AAIWC-,O ~ la (D before me, (~CSm►c.~-1 , Dale Name ano Tnie ,of Ot%cer (e.g.. -Jane Doe. Notary Puolic') personally appeared Ckb • - Name(s) of signer(s) ❑ personally known to me - OR -N-6r-oved to me on the basis of satisfactory evidence to be the persor whose nam (sjxe subscribed to the within instrument and acknowledged to me that hP~jjb q executed the same in hisAkefZIheifauthorized capacityl<ies), and that by his/fi r signaturg(s)-on the instrument the personksj; P_ L LORD or the entity upon behalf of which the persons acted, Commldon#10eMT executed the instrument. %VUMV kot a~~ Rio cantn fth D.at0.IM WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of DocumentTl4e;r A crl OF ~fi5~n g er6&-l~'S ENO -s-r~t C_-T-% or► S Document Date: r'~• ► 1 Q 9 I Number of Pages: Signer(s) Other Than Named Above: 1\l C»~~. Capacity(ies) Claimed by Signer(s) Signer's Name:/ (.42E~ Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator 'Other: = r 1- Top of thumb here ❑ Other: Top of thumb here :<r-? Signer Is Representing: " r Is Representing: •oc4 Nabonaf NotaryAsaM,al~on • EM Femmes Ave.. PO Box 7164 • Canoga Pa A, [A 91309-716a No 5907 Feo~oer Call lou•F~te 1.600.87666:7 Popp . STATE OF Otj,-, ) ss. County of &be-k- ) This instrument was acknowledged before me one 1996, by rte FiecLnia.^ as s,-. Fr,pr_j.fl►,t Vlctl pits, >?nt of SFP-B Limited Partnership, an Oregon limited partnership, on behalf of said partnership. OFFICIAL SEAL MARY JO GRIMES Notary ub is for NOTARY PUBLIC- OREGON NCYOCONt~IS510NEXPIREO. 0254 My Commission expires: i-ZV-99 STATE OF t c~ o rl ) ) ss. County of L I I.t m ) This instrument was acknowledged before me on LMA'czcH 13 1996, by 14 are t ati.l E, as t j 10 t -j-7 of Washington Federal Savings, a 1A.s. Cop-PoQ a,,l-, oN on behalf of said partnership. OFFICIAL SEAL JANELLE K AMBERG NOTARY PUBLIC -OREGON N Public for COMMISSION NO. 025103'CaO~S MY COifMISSION EXPIRES AUG. 11,1997 My Commission expires: 6/ It /,4 First Amendment to Declaraiion of Eacemcnts. C STERLING'P)IDJECTS',TIGARD.DECR DOC Coy cnanis and Restrictions STERLING DEVELOPMENT COI;PGI:ATIO1 April 1, 1996 VIA U.S. MAIL Ms. Kym Easton Ticor Title Insurance Company 1000 S.W. Broadway, Suite 1555 Portland, Oregon 97205-3067 Re: First Amendment to Declaration of Easements, Covenants and Restrictions (REA) Tigard Promenade Tigard, Oregon Dear Kym: With reference to the above subject, enclosed is a fully executed original of the First Amendment to Declaration of Easements, Covenants and Restrictions (REA) for the Tigard Promenade Shopping Center. Please have the same recorded and returned to me at Sterling Development Corporation. If you have any questions or need additional information, please don't hesitate to call me. Very truly yours, Je r y C. Rasak Pr ident JCR/rml c:tsterlingtorolectsttigardVea ame6 A= CC: Steven L. Black, The Allen Group (w/o attachment) Rodger E. Crowley, Bank One (w/o attachment) Sharman Braff, Esq. (w/o attachment) I .t L,II.t t•, r}..:1, l•t:t, . 1 I, t . ..t . -AFTER RECORDING, RETURN TO: ORIGINAL Tigard Promenade Partners c/o Sterling Development Corporation :;252 Holiday Court, Suite 225 La Jolla, CA 92037 SECOND AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS Tigard Promenade This Second Amendment to Declaration of Easements, Covenants and Restrictions is made this/4 day of September, 1996 by and between Tigard Promenade Partners, a California limited partnership, hereinafter referred to as "Declarant", SFP-B Limited Partnership, an Oregon limited partnership, and Washington Federal Savings, a United States corporation, all hereinafter collectively referred to as "Owners." Recitals A. Each Owner owns a portion of the land within that certain real property known as Tigard Promenade, located on Pacific Highway in Tigard, Oregon and more particularly described and shown on the Exhibit "A" attached to the Declaration described herein (the "Property" or "Shopping Center"). and is entitled by way of easement to utilize portions of the Shopping Center owned by the Owners pursuant to that certain Declaration of Easements, Covenants and Restrictions made the 28th day of August 1995, and recorded on August 30, 1996, as Fee Number 95061425 in the Records of Washington County, Oregon and modified in that certain First Amendment to Declaration of Easements, Covenants and Restrictions made the 28th day of February, 1996 and recorded on April 5, 1996, as Fee Number 96029736 in the Records of Washington County, Oregon (the "Declaration"). B. Declarant and the other Owners recognize the need to clarify certain of the covenants and restrictions set forth in the Declaration. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party hereto, the parties agree as follows: •1. The second sentence of paragraph 7.2 of the Declaration shall be replaced in full by the following language: "Landlord covenants and agrees that it shall not permit the operation of any restaurant (including any take-out, fast-food, cafeteria or full service sit-down restaurant) or any training or educational facility on Tract C or within Building C as shown on the attached•site plan." 2. Except as expressly modified by the terms of this Second Amendment, all other terms and conditions as set forth in the Declaration remain unchanged and in full force and effect. To the extent there is any conflict between the terms of this Second Amendment and the Declaration, the terms of this Second Amendment shall control. IN WITNESS WHEREOF, Declarant and the other Owners have executed this Second Amendment to Declaration of Easements, Covenants and Restrictions as of the date first above written. DECLARANT: OWNERS: TIGARD PROMENADE PARTNERS, a California SFP-B LIMITED PARTNERSHIP, an Oregon limited partnership limited partnership By: Sterling D lop nt Corporation, eral By: Partner Its: President.of SSC-B. Inc.. General Partner l By: ts: ;0E/7 7- I - Second Amendment to Declaration of Easements. ctSTER,1uR;2noAe,emu UEC wT4 WSM,•: 1~ Phi Covenants and Restrictions IVNIOIdU FIRST AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS Tigard Promenade This First Amendment to Declaration of Easements, Covenants and Restrictions is made this 28th day of February, 1996, by and between Tigard Promenade Partners, a California limited partnership, hereinafter referred to as "Declarant", SFP-B Limited Partnership, an Oregon limited partnership and Washington Federal Savings, a United States Corporation, all hereinafter collectively referred to as "Owners". Recitals A. Each Owner owns a portion of the land within that certain real property known as Tigard Promenade, located on Pacific Highway in Tigard, Oregon, and more particularly described and shown on the attached Exhibit "A" (the "Property" or "Shopping Center"), and is entitled by way of easement to utilize portions of the Shopping Center owned by the other Owners pursuant to that certain Declaration of Easements, Covenants and Restrictions made the 28th day of August, 1995, and recorded on August 30, 1995, Fee Number 95061475, Records of Washington County, Oregon, (the "Declaration"). B. Declarant, as an Owner of a portion of the Shopping Center, has entered into a lease with Safeway, Inc. ("Safeway") for a portion of the Shopping Center. C. Declarant and the other Owners recognize the need to clarify certain of the covenants and restrictions set forth in the Declaration. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party hereto, the parties agree as follows: 1. Safeway, its successors and assigns, shall not be subject to or governed by the Sign Criteria set forth in Exhibit B to the Declaration, provided Safeway, its successors and assignees, is in compliance with all government regulations and ordinances regarding its signage. 2. Safeway, its successors and assigns, may use a portion of the Common Area of the Shopping Center, that portion being limited to a depth of ten feet immediately adjacent to the front of the Safeway building, (i) to display merchandise being sold from the Safeway building, (ii) to display seasonal supplies being sold from the Safeway building, and (iii) for the placement of baskarts or baskart corrals, provided, however, that such uses do not unreasonably interfere with pedestrian traffic and are maintained in a neat and orderly condition. Safeway, its successors and assigns, may also utilize the 1 - First Amendment to Declaration of Easements. C'.STEUINGU'ROIECTSITIGARDIDECR DOC Covenants and Restrictions area cross-hatched on Exhibit A attached hereto for the display and sale of seasonal merchandise, provided, however, such areas when used by Safeway, its successors or assigns, are maintained in a neat and orderly condition and provided such uses do not unreasonably interfere with pedestrian and/or vehicular traffic of the Shopping Center. 3. Except as expressly modified by the terms of this First Amendment, all other terms and conditions as set forth in the Declaration remain unchanged and in full force and effect. To the extent there is any conflict between the terms of this First Amendment and the Declaration, the terms of this First Amendment shall control. IN WITNESS WHEREOF, Declarant and Owners have executed this First Amendment to Declaration of Easements, Covenants and Restrictions as of the date first above written. DECLARANT: OWNERS: TIGARD PROMENADE PARTNERS, a SFP-B LIMITED PARTNERSHIP, an California limited partnership Oregon limited partnership By: Sterling ZDo ent Cor poration, By: Genera ts: By: Its Sr,O~T Washington Federal Savings, a United States Corporation By: Its: P ~ OF ,4-tr~h Gi-ir-tJ P~ 7'h--t - i~uQ ~sEr ) ss. At.tc N0"..3 r;- County of This instrument was acknow d before me on 1996, by as of Sterl' ev ent Corporation, General Partner of Tigard Promenade Partners, a California limi artnership, on beha aid partnership. Notary Public for My Commission expires: 2 - First Amendment to Declaration of Easements. C `STERLINGTROJECTSNTIGARD`,DECR DOC Covenants and Restrictions CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT State of t F ~ t A County of C) On AAA-eQ.H Gr-T t la q C9 before me, _ L ' Date Name and Tale of Officer (e.g.. 'Jane Doe. Notary Public') personally appeared CkL t Name(s) of Signer(s) ❑ personally known to me - OR Afro to me on the basis of satisfactory evidence to be the perso,L ~ whose nam )sJ-a;e subscribed to the within instrument and acknowledged to me that h~>,eq executed the same in hisj~authorized capacity-(ies), and that by his/WR beir signaturg(s}on the instrument the persoa(ef, k L LORD or the entity upon behalf of which the person(sj- acted, CommlWon fitter executed the instrument. Notary Off. o ~ r MYCCImin.6~InnDoe10.IM WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Documents 4,e;r cri 0-F n~c•t~5 (64 A1-4O c--r% C...) r-4 S Document Date: 2-~ . 1 Q l o Number of Pages: Signer(s) Other Than Named Above: OY- X Capacity(ies) Claimed by Signer(s) Signer's Name:~~rw~ / f t_~ P Sf1't= Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): D Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ViCA, III 0 Hl ❑ Guardian or Conservator ❑ Guardian or Conservator A-Other: + Top of thumb here ❑ Other: Top of thumb here k, Signer Is Representing: Signer Is Representing: r:, ;oc~ Natonai Nmary nssxa;ro~ • 8236 Femme; /.e.. PO L4ca 7;6: • Canoca Park. Ca ?t309 7t(u Poo No 5?07 Reorder Can Tou•F;ee tB00•8766627 STATE OF, ss. County of ~~-k- /L1n rrG, $ This instrument was acknowledged before me on 1996, by ~ of ~eecm~ as ~cecu~-IK Vlcc.erts►d SFP-B Limited Partnership, an Oregon limited partnership, on behalf of said partnership. MA--- _.~.r Notary ub is for OFFICIAL RIMES My Commission expire i-by-44 NOTARY PUBLIC -OREGON COMMISSION NO. 040254 MY COMMISSION EXPIRES A. 24, 1009 STATE OF CSR ggaor 4 )Ss. County of L % N N This instrument was acknowledged before me on y°rRC 13 , 1996, by _ t'~fNme L rw as SEA %o2.. V i c-r-- P tt~~ of Washington Federal Savings, a U.S. ,o2-P0RATk0S4 , on behalf of said partnership. OFFICIAL SEAL IANELL6 K AMBERG NOTARY PUBLIC - OREGON No Public for ~rz~hl COMMISSIONOAUG~11,17 My mmission expires: 8 MY ComMISSION WIRES 3 - First Amendment to Declaration of Easements. C'STERLING\PRO)ECTS\TIGARD\DECR DOC Covenants and Restrictions SUMMARY MARKET/RETAIL-8.50 AC LAND AREA 369.870 SF (850 At) Dt11LDINO AREA 91,986 SF F LAND/6UILDRKT RAW 302/1.2490 PAnKM PROVIDED 421 STALLS PARKWO REOIARED 365 STALLS D/T RESTAURANT-CONVENIENCE i A LAND AREA 87.100 SF (200 Ac) 70 b • ~ e A r~ ` DULOM AREA 18.844 SF I 2U917 I 'I LAND/DDNO RATIO b2160 PARKM PROVIDED 89 STALLS PARKM REOMPED 41 STALLS r IN r r r I t 1 N ~ a' °OA NbSAIE RE 1 u", D r ' ! ' ~•j " S1l PARKING REQ'MTS BASED ON: 5F PARKING REQ'MTS BASED ON: T1 a I r GENT. RETAIL $41 STALLS REDO 54688 sF (11400) °i 7 6(L 4 FOOD RETAIL 271 STALLS RECID " IIl- ~•lw• ' 7 ! 54,1,42 SF (11200) 7 ~ III CLIENT • fit It •F r , I fl ' O O• - 4, N~ n u i CI .ar .M_.Ad A \ ~ ' ark 1 41? (f %•F \9.~~,~ / STERLING DEVELOPMENT COMPANIES. LLC i t7 I LL ~ / LA JOLLA CORPORATE CENTER yI 3287 HOLIDAY COURT. WTE 228 LA JDLLA CALIFORNIA 970.71 i I C F - - (3 (819)648.8841 FAXi°ro)a48-8807 1207 0 N It ,I T t t ~ ' ~ ~ ti~ / - -~Trf1TT z COMMERCIAL PROJECT SEC d NEC'S PACIFIC IIWY-99 & 109 th STREET TIGARD . 4...,.. :.vim ~..;«,,,7---T-- s~ PROMENADE 6CAlE : 1. 400 SCHEME 'IF" 9~l;In I T E PLANExi-it&I-r A _ - 0294asaBO100 Nv Musil Perkowitz Ruth inc. 200 SUMMARY / MARKET/RETAIL-8.50 AC LAND AREA 769.610 SF (650 Ac) { _ • OULOM AREA 91966 SF r ~I•' ~ - _ • ~ / / LAND/DULDINO FIAT)O 30711.719'6 \ e~ PANCNO PDOWDED 421 STALLS r•,r-~~ ~ ♦ PANCINO REOIAFiED 765 SfAtlS 1 ~s C C I P , \ ` _ D/T RESTAURANT-CONVENIENCE A \ / LAND AREA 6/,100 SF 12 OD Act DULDNG AREA I6.644SF j :rJDlt "1`~ i / LAND/DLALDING RATIO 36211216% PATW.MPAC)VIDED 89SIA1LS PARKNO REOLMED °I SIN IS / • _I~~_-., U ?l//~ ' - ~ LANDSCAPE REQUIRED OWN Wt W% CF SlIt -4A SDO PARKING REQ'MTS BASED ON: k J - ' E a ° ► GENL MAIL 41 S W LS nEOD y • , I I I ` t' 4e 4 SAW SF (1/400) • FOOD MAIL 211 STALLS FICOD I•~ n) "A 1 1 1 m 54.142 SF (1/200) 1 j 43 36 11 I _ III T2SF /CLIENT ' I n U \ • ='j r e ' STERLING DEVELOPMENT COMPANIES, tLC / f NN I la -LIU LA JDLLA ConPOnATE CENTEn 3762 IIOLIDAY COURT. 3"IE 776 ....w • • • / , / LA JOUR CAL6onI41A OM31 i C (610)646.6641 FAA(619)646-6601 ' 1261 13 ► 1 f ' .142 54 . Z. COMMERCIAL PROJECT SEC d NECS PACIFIC HWY-99 III j 1 6 109 th STREET TIGARD , v u r..•a~ n• •m••s .r near Fne•q~ OZ/ PROMENADE 1 ~ \ppb/ 60ALE : r- a-W SCHEME T" if1 rr a;•« ITE PLAN11. _ u G0 6">w Music PelkowI ,17 Rulll,ru XHl• I-r "A 1/ 0 71F 4M%%mtm7 - COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8708 BEAVERTON, OREGON 97075 Legal Notice Advertising .City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. • Tigard , Oregon 97223 • ❑ Duplicate Affidavit .Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. " ^ Al I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at thTigard in the ab1LPaid gou~ldC~ar~ JsatJunior Partition a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: January 9,19-97 _ Xa~ Subscribed and sworn to befo me this 9th day of Januar OFFICIAL SEAL ROBIN A. BURGESS Nota ublic for Oregon NOTARY PUBLIC - OREGON COMMi~'. ON NO. 024552 My Commission Expires: MY COMMISSION EXPIRES MAY 16,199' AFFIDAVIT MINOR LAND PARTITION (MLP) 96.0019 > CARL'S JUNIOR PARTITION < The Director has approved, subject to conditions, a request to partition a .54 acre parcel from an 8.78 acre parcel within the Safeway portion of the Tigard Promenade Shopping Center. The partition will split off Pad "D" from the Promenade Shopping Center. LOCATION: 15520 S.W. Pacific Highway; WCTM 2S1 1ODC, Tax Lot 00100. ZONE: General Commer- cial (CG). The CG zoning district allows for the provision of a wide range of major commercial goods and services. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.162 and 18.164. -J ;T- 1-r I a SO a PAPA e I oil ~ rl fr~'1 J ~ I I . tH The adopted finding of facts, decision, and statement of conditions can be obtained from the Planning Department, Tigard Civic Center, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223. The decision shall be final on JANUARY 21, 1997. Any party to. the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 P.M., JANUARY 21,1997. T78708 - Publish January 9, 1997. 2S1 1 ODB-90421 2S110CA-01701 AMACHER, MARIE A ATLANTIC RICHFIELD COMPANY 15483 SW 114TH CT #42 PS&T TAX DEPT SS#01175-11 TIGARD,OR 97224 PO BOX 2485 LOS ANGELES,CA 90051 2511 ODC-90191 2S11 ODC-90271 BOLLINGER, JESSIE LEE DAHL, STANLEY F & THELMA J 15605 SE 114TH CT #19 15525 SW 114TH CT #27 TIGARD,OR 97224 TIGARD,OR 97224 2S110DC-90182 2S110CD-00108 DOMREIS, LIONEL A W TRUSTEE DPI INC 15605 SW 114TH CT UNIT 18 BY PURCELL, DWIGHT V III TIGARD,OR 97224 15172 SW 119TH TIGARD,OR 97223 2S110DC-90201 2S110DB-90000 EBERT, LA VERTA FOUNTAINS AT SUMMERFIELD CONDO 15605 SW 114TH COURT #20 OWNERS OF UNITS TIGARD,OR 97224 f 2S110DC-90000 2S110DC-90262 FOUNTAINS AT SUMMERFIELD D GANGE, ADA W OWNERS OF UNI 15565 SW 114TH CT #26 TIGARD,OR 97224 2S110DC-90252 2511 ODC-90161 HOWARD, CLARA M JOHNSON, JEANETTE RAND 15565 SW 114TH CT #25 OLSEN, ROLF II & KATHLEEN L TIGARD,OR 97224 15606 SW 114TH CT TIGARD,OR 97224 2S110DB-90371 2S110DB-90381 KINCAID, JUANITA LARSEN, CLAIRE ESTATE OF 9850 SW HAWTHORNE LANE BY VIRGINIA (GINGER) BABIN PORTLAND,OR 97225 14825 SW 81 STAVE TIGARD,OR 97224 2S110DC-90342 2S110DC-90332 LINDSEY, CHARLOTTE F LORENZ, EDWARD G TRUSTEE 15525 SW 114TH #34 15525 SW 114TH CT TIGARD,OR 97224 UNIT 33 TIGARD,OR 97224 2S1 1 ODC-90212 2S110DB-90362 MACKEY, ROBERT A/MARCIA J TRS MCMULLEN, RICHARD D AND 15605 SW 114TH CT #21 GERTRUDE M, TRUSTEES TIGARD,OR 97224 15485 SW 114TH CT #36 TIGARD,OR 97224 2S11 ODB-90442 2S11 ODC-90281 MESSINGER, EDWARD J AND ANN B MITCHELL, CHARLOTTE 15483 SW 114TH CT #44 15525 SW 114TH CT #28 TIGARD,OR 97224 TIGARD,OR 97223 in~--N l~ oo ~q Wl s ~~~r►l7~r l~~-~0v'1 ~ ~f~~ 2S11ODC-90172 2S110DC-90292 NARDINELLI, ANTOINETTE C O'DELL, SHIRLEY M 11205 SW SUMMERFIELD DR #141 15525 SW 114TH CT UNIT 29 TIGARD,OR 97223 TIGARD,OR 97224 2S11 ODC-90231 2S110DC-90311 PALMER, EDWARD POHL, ALICE N TRUSTEE 15565 SW 114TH CT #23 15525 SW 114TH CT #31 TIGARD,OR 97224 TIGARD,OR 97224 2S11 ODC-90321 2S110DB-90432 REHDER, JEANNE N ROGERS, VIRGIL TRUST 15525 SW 114TH CT 15483 SW 114TH CT #43 TIGARD,OR 97224 TIGARD,OR 97224 2S110DB-90392 2S110DB-90351 SCHENK, SOPHIA M SCHROEDER, MARJORY E TRUSTEE 15485 SW 114TH CT #39 15485 SW 114TH CT #35 TIGARD,OR 97224 TIGARD,OR 97224 2S1 1 ODC-90151 2S110DB-00703 SCOTT, KERMIT B & LAVONNE TRUS SFP-B LIMITED PARTNERSHIP 15605 SW 114TH CT #15 1015 MADRAS HWY TIGARD,OR 97224 PRINEVILLE,OR 97754 2S110DC-00300 2S110DC-90222 SSC PROPERTY HOLDINGS, INC STRADER, KELTON BY SHURGARD INC 15605 SW 114TH CT #22 ATTN: OPERATIONS ACCOUNTING TIGARD,OR 97224 1201 THIRD AVE, SUITE 2200 SEATTLE,WA 98101 2S110DD-00109 2S110DC-00100 SUMMERFIELD ASSOCIATES LTD PTN TIGARD PROMENAD EIS 500 NE MULTNOMAH, STE 950 3752 HOLI STE 225 PORTLAND,OR 97232 &rZLLA,CA 92037 2S110DB-00702 2S110DB-00700 TIGARD PROMENADE PARTNERS TIGARD PROMENADE ERS 3752 HOLIDAY CT STE 225 3252 HOLI STE 225 LA JOLLA,CA 92037 LLA,CA 92037 2S110DC-00200 2S1 1 ODB-90402 TIGARD PROMENADE PA S TILLINGHAST, RUTH P TRUSTEE 3752 HOLIDA E 225 15485 SW 114TH #40 I~J9 ,CA 92037 TIGARD,OR 97224 2S110CD-07500 2511 ODC-90241 TOBIAS INVESTMENT CO VETTERLEIN, CATHRYN J 715 SW MORRISON ST, STE 900 15565 SW 114TH CT #24 PORTLAND,OR 97205 TIGARD,OR 97223 mI p qG oo lq car/ `S J e f 1 3) 0 2S110DB-00704 2S110DC-90302 WASHINGTON FEDERAL SAVINGS ZIEGELMAYER, FRANCES M 300 ELLSWORTH ST SW 15525 SW 114TH CT #30 ALBANY,OR 97321 TIGARD,OR 97224 Fu BULLMOUNTAN RD Q S S T S @B CCU Si 7 3 10DB 2S1 0 1 1701 SW HEAVE stag 2S 00700 2 , ,Oa 2S110DG001oo a 2S1 500 2S11ODG00200 2S110DD-001 ,2S110DG00300 DR 0 ® ~0® 0 FU S~ y U to U /l N Vicinity Map MLP 96-0019 Notification Map rua rmp aa io.~. N w CITY OF TIGARD Community Deveropment ShapingA Better Community REQUEST FOR COMMENTS DATE: December 18, 1996 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts 1x3111 Phone: 150316394171 Fax: [50316841297 RE: MINOR LAND PARTITION (MLPI 96-0019 ➢ CARL'S JUNIOR PARTITION Q A request to partition a .54 acre parcel from an 8.78 acre parcel within the Safeway portion of the Tigard Promenade Shopping Center. The partition will split-off Pad "D" from the Promenade Shopping Center. LOCATION: 15520 SW Pacific Highway; WCTM 2S110DC, Tax Lot 00100. ZONE: General Commercial (CG). The CG zoning district allows for the provision of a wide range of major commercial goods and services. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.162 and 18.164. Attached is the Site Plan, vicinity Map and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will ba prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MONDAY - DECEMBER 30.1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ftfease provide thefolkudng information) Name of Person[s] Commenting: Phone Number(sl: MLP 960019 CARL'S JUNIOR PARTITION PROPOSAL/REQUEST FOR COMMENTS F~UEST FOR COMMENTS 0 NOTIFICATION LIST FOR LAND USE & DEVELOPMENT APPLICATIONS ~CIT Area: (W) (S) (E) (C) CITIZEN INVOLVEMENT TEAMS 133 Placed for revie in Lin CIT Book CITY DEPARTMENTS LOG. DEPT./David Scott, akswv wftw PS~C(t~ DEPT./Kelley Jennings. a.~.m««, att. mnONS/John Roy. rroo. h .,,,w. _ CITY ADMIN./Cathy Wheatley, or..«ae. _ENG EPT./Brion Roger, o...-m,...,s.......t,,.,.. _JeCDM.DEV. DEPT./D.S.T: S ADV. PLNG./Noaine Smith. t.,,....o TER DEPT./Michael Miller, oc.. r-. mmjoo ft... ww so. SPECIAL DISTRICTS _ FIRE MARSHALL _ UNIFIED SEWERAGE AGENCY _ TUALATIN VALLEY WATER DIST. Gene B'ucnell SWM Program/Lee Walker PO Box 745 Wo. County Fire Cistrict 155 N. First Street Beaverton, OR 97075 (pick-up box Hillsboro. OR 97124 APPECTED JURISDICTIONS WA. CO. DEPT. OF LAND USE i TRANSP. -METRO AREA BOUNDARY COMMISSION _ METRO-GREENSPACES ISO N. First Avenue 800 NE Oregon St. S 16. Suite 540 Mel Huie (CPA's/IOA's) Hillsboro. OR 97124 Portland. OR 97232-2109 600 NE Grand Avenue Portland. OR 97232-2736 _ Brent Curtis (CPA's) _ STATE HIGHWAY DIVISION _ Jim Tice (IGA'S) Sam Hunaidi _ METRO _ Mike Borreson (Engineer) PO Box 25412 Mary weber -Scott King (CPA's) Portland. OR 97225-0412 600 NE Grand Avenue _Tom Harty (Current Planning App's) Portland. OR 97232-2736 -Lynn Bailey (Current Planning App's) -OREGON DLCD (CPA'sROA's) 1175 Court Street, N.E. _ OOOT/REGION 1 _ CITY OF BEAVERTON Salem. OR 97310-0590 Transportation Planning Larry Conrad. Senior Planner 123 N.W. Flanders PO BOX 4755 _ CITY OF PORTLAND Portland. OR 97209-4037 1120 SW 5th _ CITY OF BEAVERTON Portland. OR 97204 _ ODOT/REGION 1. DISTRICT 2-A Mike MotteuccL Neighborhood Coordinator Bob Schmidt/Engineering Coord. PO Box 4755 _ CITY OF DURHAM 2131 SW Scholls/PO Box 25412 Beaverton, OR 97076 Planning Director Portland. OR 97225 Beaverton. OR 97076 City Manager PO Box 23483 _ CITY OF LAKE OSWEGO _ CITY OF TUALATIN Tigard. OR 97281-3483 City Manager PO Box 369 PO Box 369 Tualatin, OR 97062 _ fOTHER% Lake Oswego. OR 97034 _ CITY OF KING CITY City Manager 15300 SW 116th Kin City. OR 97224 SPECIAL AGENCIES _ GENERAL TELEPHONE ELECTRIC _ PORTLAND GENERAL ELECTRIC _ COLUMBIA CABLE CO. Paul Koft. Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholls Ferry Rd. 14200 SW Brigodoon Court Tigard. OR 97281-3416 Beaverton. OR 97007 Beaverton. OR 97005 _ NW NATURAL GAS CO. m%ow. te-METRO AREA COMMUNICATIONS _ TRI-MET TRANSIT DEVELOPMENT Scott Palmer F= cswt nt-IM Jason Hewitt Kim Knox. Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street Portland. OR 97209-3991 1815 NW 169th Place S-6020 Portland. OR 97232 Beaverton. OR 97006-s886 _ TCI CABLEVISION OF OREGON _ US WEST COMMUNICATIONS -SOUTHERN PACIFIC TRANS. CO. Linda Peterson Pete Nelson Clifford C. Cabe. Const. Engineer 3500 SW Bond Street 421 SW Oak Sheet 5424 SE McLoughlin Portland. OR 97201 Portland. OR 97204 Portland. OR 97202 _ BONNEVILLE POWER ADMINISTRATION _ BURLINGTON NORTHERN RAILROAD PO Box 3621 Attn: Administrative Offices Routing TTRC-Attn: Renae Ferrero 1313 W. 11 th Street Portland. CR 97208-3621 Vancouver. WA 98660-3000 STATE AGENCIES FEDERAL AGENCIES -AERONAUTICS DIVISION (ODOT) _ DIVISION OF STATE LANDS _ US POSTAL SERVICE -COMMERCE DEPT.-M.H. PARK _ FISH i WILDLIFE Randy Hammock. Growth Cord. _ PUC _ DOGAMI Cedar Mill Station _ DEPT. OF ENVIRONMENTAL QUALITY _ U.S. ARMY CORPS. OF ENGINEERS Portland. OR 97229-9998 _ OTHER IK\O MV..ett. VkMftnW AYputt a. 1"61 Route o: Fly Surveyor Development Review ngineer FINAL PLAT REVIEW CHECKLIST Plat Name: CAZL.S J (Z. P~-T(T~I Case Number(s) U2 Address: ISS Za Sv`1 - - t ~ PPV7 D") (Do NOT release addresses to the public without consent of the Engineering Department.) Contact name and phone P c,A-( - OToe) (Fill in when plat is dropped ofd DATE RECEIVED: l kp k -l DATE FORWARDED TO SURVEY: l i3l ~`l~l SURVEY SECTION Check if Check if Considered Okay 1. Street alignment and width, continuity ri /Y* M 2. Curve, corner, cul-de-sac radii El /VA ~ 3. Dedication, vacation, easement conveyance 1:1 N 4. Residential Survey Certificate match the map Comments: By:~ %1 • l - 3/- 97 Surveyor's Signature Date Page 1 of 1 11ENGIPRI V-DEVIPIN•PLAT.DGT Route To: 1. Planning 2. Building / 3. Engineering Tech I 4. Development Review Engineer FINAL PLAT REVIEW CHECKLIST Plat Name: G*~ lPAe-ri-V4.1 Case Number(s) - (9=CXD t9 DATE RECEIVED: 1 I ~~1 "1 DATE FORWARDED TO PLANNING: ` J3l JS-7 To: Planning Division Check if Check if Considered Okay 1. Phase boundaries h D 2. Lot and/or tract size and configuration 3. Lot numbers ❑ 4. Access restrictions, reserve strips q Jq 5. Condition of Approval Satisfied n la [g~ ❑ 6. Public & Private streets (location, width, etc....,) 141a, E] 7. Preliminary Plat approval date - 1 yr period OK E 8. Special Deed Restrictions (C.C.&R's) M q n 9. Open Space (Deed or Dedication) 10. SPECIAL SETBACKS ARE 11. Assign Case Number (above) Other Comments: By:_ -7M6011 l q 4e;e- ,PlanngrSignature Date FORWARDED TO BUILDING DIVISION: / Date Page 1 of 4 I?ENG,M V-DEVT1N-PLAT.DOT BUILDING DIVISION Comments: 31 9~ By: ding Dept. Signature ate FORWARD TO ENGINEERING DEPARTMENT (Attn.: Engineering Tech/Engineering Records) ate ENGINEERING DEPARTMENT (Engineering Tech) Check if Okay Street Names Acceptable ®'R Manhole Numbers Assign Address(s) - (front page) ®D~o TNT ?~6j'H20 Update City-wide maps 0 Sao ms Nap Comments: By: Engineering Tech's Signature Date FORWARDED TO DEVELOPMENT REVIEW ENGINEER Date Page 2 of 4 11ENWRIV-DE VTN-PLAT.DOT • M ENGINEERING DEPARTMENT Check if Okay Public Improvement Plans Approvable/Approved ❑ Public Improvement Fees/Deposits ❑ Right-of Entry, Release & Waivers, Easement ❑ (onsite - offsite) Public Improvement Agreement ❑ Public Improvement Assurance ❑ Conditions of Approval Satisfied? ❑ Sewer Availability Letter Prepared ❑ Joint Access, Non-Remonstrance Agreement ❑ Comments: By: Development Review Engineer's Signature Date Page 3 of 4 11ENWR1V-0E V\FIN-PLAT.DOT Returned to Surveyor for Correction BY: DATE: Z~ 3 I~7 vl A FAX- Corrections Reviewed and Approved BY: E_ DATE: P-Q Forwarded for City Signatures BY: DATE: Copy of Signed Plat Made and Put in File BY: DATE: Released to Developer for Recording BY: G71-~ DATE: Authorize Eng. Tech I to release addresses BY: Date: Page 4 of 4 L EN(i PRN-0EVV,FIN-PLAT.DM FAX TRANSMITTAL Date February 4, 1997 Number of pages including cover sheet 1 To: Ken Bauer From: Brian Rager Co: Wash. Co. Surveyor's Office Co: City of Tigard Fax 693-4412 Fax 684-7297 Ph 639-4171. Ext. 318 SUBJECT: Carl's Jr. Partition (MLP 96-0019) MESSAGE: We have reviewed this plat and made a few comments to Mark Lichtenthaler: 1. Add a geodetic control 2. Add private sanitary and/or storm easement over Parcel 2 for benefit of Parcel 1 (if needed). When mylars come back for this one, we would be in a position to sign them. 1AENGIFAX.DOT FAX TRANSMITTAL Date February 3, 1997 Number of pages including cover sheet 3 To: Mark Lichtenthaler From: Brian Raaer Co: G&L Land Surveying Co: City of Tigard Fax 671-0877 Fax 684-7297 Ph 639-4171. Ext. 318 SUBJECT: Carl's Jr. Partition Plat MESSAGE: We have completed the review of the proposed partition plat and have the following comments: 1. Plat should have a geodetic tie. We are attaching two for your use. 2. If the sanitary and/or storm sewer services for Parcel 1 cross Parcel 2, you should add the appropriate private utility easements. Please call if you have questions. 1:1ENGIFAX.DOT Station Control Data Sheet Prepared By: NAD 83 (91) Geodetic Coordinates i Latitude: 45024'14.99266" N r biTEch Longitude: 122048'20.38542" W GPS Surveying, Consulting and Training Ellipsoid Height: 41.064 Meters P. O. Box 5305 (541) 383-2715 Bend, Oregon 97708-5305 orbitech@trensport.com NAD 83 (91) State Plane Coordinates Station Designation: GC_022-092 Zone 3601, Oregon North Northing Station Description: COR SEC 9/10/15/16 : 195649.470 Meters Fasting: 2319530.421 Meters Station Location: T2S-R 1 W Northing: 641894.587 Int. Feet Fasting: 7610007.943 Int. Feet Reference: USBT BK 7-PG 81 A: -1 038' 6.517" Grid Factor. 0.99990301 Horiz. Method: GPS Elevation Factor: 0.99999356 Vert. Method: GPS Derived Combined Factor: 0.99989656 Max. Positional Tolerance (95% Confidence Level) NGVD 29 Orthometric Elevation ± 0.008 Meters 62.699 Meters 205.71 Int. Feet Station is a 3 1/4" aluminum disk set in concrete, at grade, stamped as shown. The station is located near the intersection of SW Prince Albert Street and SW King George Road, at the southwest corner of the property located at 12429 SW King George Road. The station lies at the projected intersection of a 5 foot east-west and north-south wood fence, 0.6 feet south of a witness post. COUNT TG p S REGISTERED vP Co 'P op PROFESSIONAL LAND SURVEYOR QZ-) 9 I 10 0 16 I 15 20 Q ~ J N. 19 0993 s48 8j23 SHELBY2H gGRIGGS COUNTY Sv EXPIRATION: JUNE 30,1997 Station Control Data Sheet j Prepared By: NAD 83 (91) Geodetic Coordinates (0~ V Iff Latitude: 45024'15.00318" N Longitude: 122047'43.48476" W rbITEch ~*7 IS Surveying, Consulting and Training Ellipsoid Height: 36.432 Meters -?ox 5305 (541) 383-2715 Oregon 97708-5305 orbitech@transport.com NAD 83 (91) State Plane Coordinates ion Designation: GC_022-093 Zone 3601, Oregon North Northing: 195626.949 Meters tion Description: 1 /4 COR SEC 10/15 Easting: 2320332.519 Meters ' Station Location: T2S-R1 W Northing: 641820.699 Int. Feet i, Easting: 7612639.498 Int. Feet Reference: USBT BK 5-PG 66 8: -1°37'40.348" Grid Factor: 0.99990301 Horiz. Method: GPS Elevation Factor: 0.99999428 Vert. Method: Leveled Combined Factor: 0.99989729 I Max. Positional Tolerance (95% Confidence Level) NGVD 29 Orthometric Elevation " ± 0.008 Meters 58.061 Meters 190.49 Int. Feet k I I II hl Station is a 2" brass cap in a monument box, stamped as shown. The station is located 400 til feet east of the intersection of State Highway 99W and SW Durham Road. The station lies in i the centerline of SW Durham Road, 10 feet east of the east end of a 2 foot wide concrete median. P,SH • C+ REGISTERED PROFESSIONAL ~ 10 N LAND SURVEYOR 6 • cn REGON 15 9 3 0 RVE`(0 SHELBY H. GRIGGS 2578 EXPIRATION: JUNE 30,1997 I ~iiunwvao~ L66L q N`d r Transmittal: a3~~3~3a Job No.: `(000 - Date: \ - k(n - 3~7 To: C-A(Z? d From: ROIL Li A7e& W y- Attn: G & L Land Surveying, Inc. 81 16 SW Nimbus Ave. _ Beaverton, OR 97008 Phone: (503)641-0308 Fax: 671-0877 Phone: Fax: Project/ Subject: ~OW ' ~1 y(" As Requested For Your Info. For Your Approval For Your Review Return Requested Item Copies Date -7 Description C 22-0~3 G ec) tG Ti eS Comments: • RECENFONNING MAR 0 3 1997 CITY OF TIGARD y CITYOF TIGARD Community (Development Shaping .A Better Community REQUEST FOR COMMENTS DATE: December 18, 1996 TO: Development Services Technicians fill: 4'~ lean: Jim: Bonnie Debbl FROM: City of Tigard Planning Division STAFF CONTACT: Mark RobenS [x3171 Phone: (50316394111 Fax: [50316641291 RE: MINOR LAND PARTITION IMLPI 96-0019 ➢ CARL'S JUNIOR PARTITION Q A request to partition a .54 acre parcel from an 8.78 acre parcel within the Safeway portion of the Tigard Promenade Shopping Center. The partition will split-off Pad "D" from the Promenade Shopping Center. LOCATION: 15520 SW Pacific Highway; WCTM 2S110DC, Tax Lot 00100. ZONE: General Commercial (CG). The CG zoning district allows for the provision of a wide range of major commercial goods and services. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MONDAY - DECEMBER 30.1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: W111U►V U'I.~A ,~f a* (Nease provide the following information) Name ofPerson(s) Commenting: Phone Number(s): MLP 96-0019 CARL'S JUNIOR PARTITION PROPOSAUREOUEST FOR COMMENTS SE APPLICATION FILE CONTE , PRIMARY FILE NO.: -M11P %-000 SEE ALSO : Application Summary: ❑ Approved: 9 9 -7- No. of Lots: Commercial ❑ Denied: Lot Size(s): -*5 "6 0 Industrial !Date) Gross Sq. Ft.: 0 Residential Na. of Phases: :~\.~?`,\.......,...+,.Q ~\\.tih\\~.~`•\>~...: ,'v:•~•,, v:.:''o\... 8~;..,.,nR~........,:::::.:.v.:.:::..:..v..~::.v,•:::.}::~:.::::4i`.i.i:n:•i`i?.ii"v'><i..\. .,8t.`~\\, gyn.`,\,,:•n\"vi:•: •.~.i' w•••' •:~.\'~'~:t:'J. , i.xti.}i}}:,` .1~ Jti:ti:;::;:ti~ iii ........v: n... .v\•i ~ ` vv. :v+:~<vii:?+4:i•i: n...,.. , ~i 01i: • \ \ ~ \ \ . ,v.• . .iii::+et,• •i.ti.: \ ti.. \~Q4a\ ..4 ,..,~;h\~\\.4+: tip: ~:.~`:.:>i~t~\.\ "~\,`i\\~•`.;\\\4,:4w:::•~+`~::*: 0 PLANNING SECRETARIES MATERIALS: a "REQUEST FOR COMMENTS" RETURNED ❑ Mailing Labels ❑ Vicinity Map ❑ Site Plan ❑ Newspaper Ad: H.O./P.C./C.C. Hearing Notice: H. ❑ O P.C.!CC. Final Order Cover. H.O./P. C.!C.C. oo' DLCD Notification(s) of Amendment: 0 SUBSEQUENT CORRESPONDENCE ❑ Proposed O Adopted ❑ Withdrawn/Denied (Includes All Communications Following Application Acceptance) ❑ "Request for Comments" Distribution List WORKING COPY - ORIGINAL DECISION SPAPER AD - Affidavit of Publication: ❑ N/A WORKING COPY - PUBLIC HEARING NOTICE(S) Administrative ❑ H.O. ❑ P.C. ❑ C.C. ❑ H.O. ❑ P.C. O C.C. ADMINISTRATIVE DECISION - Affidavit of Mailing WORKING COPY - FINAL ORDER(S) (All Applicable) Includes: Affidavit of Mailing/Posting, Original Decision, & Copy of Mailing Labels. ❑ H.O. O P.C. ❑ C.C. PUBLIC HEARING NOTICE - Affidavit of Mailing ❑ WORKING COPY - RESOLUTION NO.: Includes: Affidavit of Mailing. QM of Public Hearing Notice (Original with _ Meeting minutes), 6 Copy of Mailing Labels. O H.O. O P.C. ❑ C.C. ❑ WORKING COPY - ORDINANCE NO.: FINAL ORDER - Affidavit of Mailing TO CITY COUNCIL: Includes: Affidavit of MailixyPosting, C;= of Final Order (Original with meeting Minutes, a Copy of Mailing Labels. ❑ Forward for Review by the Planning Director O H.O. O P.C. ❑ C.C. 0 Council Call-Up for Review ❑ OTHER - Affidavit of Mailing COPY OF MEETING MINUTES Includes: Affidavit of Mailing/Posting, Original Decision. 6 Copy of Mailing Labels. TYPE: HEARING BODY: ❑ P.C. ❑ C.C. TYPE: HEARING BODY: (Date) (Datel :.::>;:>s>::;::; APPEALED TO: S R E C3 P.C. O C.C. (Date) (Date) ❑ DSUARMY CORPS. OF ENGINEERS PERMIT APPEALED TO LUBA: ❑ OTHER: ❑ FROM P.C. ❑ FROM C.C. (Date) (Datel 7 A PLICATION SUBMITTAL ITEMS: LUBA REMAND: Application and Receipt for Payment of Fees Proposal/Summary of the Application ❑-TO P.C. ❑ TO C.C. Correspondence with the Applicant Prior to Acceptance Iona) (Date) 0 Neighborhood Meeting Documents/Affidavits ';(Copy of the Title Transfer InstrumentNVarranty Deed ❑ Traffic Impact Study(or) ..................0 See: file of _ PONetlands Mitigation Plan(or) ..........0 See: file of arrattve (or).................. ❑ See: file of ,11 Maps (or).................. 0 See: file of Q) Tree Preservation/Mitigation Plan and/or Arborist Report (or) ..................0 See: file of _ H APATTYWASTERS\CONTENTS.MST MEMORANDUM CITY OF TIGARD, OREGON DATE: January 9, 1997 TO: Mark Roberts, Planning Division FROM: Brian Rager, Development Review Engineer RE: MLP 96-0019, Carl's Junior Partition 15520 SW Pacific Highway (WCTM 2S1 10DC, #100) Description: The applicant requests approval to divide an 8.78 acre parcel into a 0.54 acre and a 8.23 acre parcel. Findings: 1. Streets: This site lies adjacent to SW Pacific Highway and SW Royalty Parkway. both roadways are fully improved. No additional right-of-way (ROW) dedications or street improvements are necessary as both were accomplished as a part of the Tigard Promenade project. 2. Water: City water service has been provided to serve both proposed parcels as a part of the Promenade project. 3. Sanitary Sewer: Sanitary sewer service has been provided to both parcels as a part of the Promenade project. 4. Storm Drainage: Storm drainage service has been provided as a part of the Promenade project. ENGINEERING COMMENTS - PAGE 1 Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639-4171). 1. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 2. Prior to issuance of building permits on either parcel, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. I:\ENG\B R IAN R\COMME NTS\M LP96-19. BDR ENGINEERING COMMENTS - PAGE 2 • RECEIVWLANNING DEC20 1996 1 CITY OF TIGARD Community Development ShapingA Better Community REQUEST FOR COMMENTS DATE: December 18, 1996 TO: David Scott, Building Official FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts 0(3111 Phone: [50316394111 Fax: [50316647297 RE: MINOR LAND PARTITION (MLP) 96-0019 ➢ CARL'S JUNIOR PARTITION Q A request to partition a .54 acre parcel from an 8.78 acre parcel within the Safeway portion of the Tigard Promenade Shopping Center. The partition will split-off Pad "D" from the Promenade Shopping Center. LOCATION: 15520 SW Pacific Highway; WCTM 2S110DC, Tax Lot 00100. ZONE: General Commercial (CG). The (CG zoning district allows for the provision of a wide range of major commercial goods and services. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.162 and 18.164. Attached is the Site Plan, Mcinlty Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MONDAY - DECEMBER 30,1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department,. 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: f (ease prate the fockwing information) Name of Personls] Commenting: Phone Number[sl: ~ J l/ MLP 96-0019 CARL'S JUNIOR PARTITION PROPOSAL/REQUEST FOR COMMENTS e NARRATIVE • „ THE PURPOSE Of 1HIS SUkVLY IS TO PARTITION INTO TWO PARCELS C THAT TRACT OF LAND DESCRIBED IN DEED DOCUMENT NO. 95061473, 8-30-95. WASHINGTON COUNTY DEED RECORDS. ' THE BASS OF BEARINGS IS THE WEST LINE OF THE PLAT OF - 'FOUNTAINS AT SUMMERFIELD CONDOMINIUMS'. SCALE 1" = 50' / p = 18'56'05"- R = 386.00' L = 127.56' LC S 80'42'22" E 126.98' OYAL TY PARKWAY N 64'33'14' E X74'19' 35.55' 33 f 69 / & 0416'49" SJ N 89'49'36" E R = 386.00' >y ~ai• \ 60.07' 1 cy)/ L - 28.64' pi p = 14'39'16' LC - S 7322'43o E R - 386.00' 28.83' L e 98.73' LC S 82'50'46' E R 0 96.46' LC j o -n N g PARCEL 1 n in e' 0.54 ACRES o t y n tT / N 69.41'06" W rte. ~p _ O 140.9_ h N 8408'11' W . ~ ' F AkCE: 0. . co 10' WIDE PUBLIC WATER 96-33291, 4-16-96 . N 89'59'51" E 1: . n F) 0 ' Z I 1uA0' 323.34' S 89'32'08' W r r r r I • CITY OF TIGARD Community (Development ShapingA Better Community REQUEST FOR COMMENTS DATE: December 18,1996 TO: Kelley Jennings. Tigard Police Dept. Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts fx31A Phone: 15031639.4171 Fax: [50316647297 RE: MINOR LAND PARTITION IMLPI 96-0019 ➢ CARL'S JUNIOR PARTITION Q A request to partition a .54 acre parcel from an 8.78 acre parcel within the Safeway portion of the Tigard Promenade Shopping Center. The partition will split-off Pad "D" from the Promenade Shopping Center. LOCATION: 15520 SW Pacific Highway; WCTM 2S110DC, Tax Lot 00100. ZONE: General Commercial (CG). The CG zoning district allows for the provision of a wide range of major commercial goods and services. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.162 and 18.164. Attached is the Site Plan, vicinity Map and Applicant's Statement for your review. From information supplied by varioug departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MONDAY - DECEMBER 30.1996. You may use the space provided below or attach a separate letter to return your comments. 11 you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: D We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: 41 (,Please pmvide tke foanang infomation) Name of Persons! Comment! Phone Number(s): MLP 96-0019 CARL'S JUNIOR PARTITION PROPOSAUREQUEST FOR COMMENTS • RECEIVEDONNING DEC20 WO CITY OF TIGARD Community (Development ShapingA Better Community REQUEST FOR COMMENTS DATE: December 18, 1996 TO: Michael Miller, Operations Water Dept Manager FROM: City of Tigard Planning Division STAFF CONTACT: Marx Roberts Ix3111 Phone: 150316394M Fax: [5031684-1291 RE: MINOR LAND PARTITION IMLPI 96-0019 ➢ CARL'S JUNIOR PARTITION Q A request to partition a .54 acre parcel from an 8.78 acre parcel within the Safeway portion of the Tigard Promenade Shopping Center. The partition will split-off Pad "D" from the Promenade Shopping Center. LOCATION: 15520 SW Pacific Highway; WCTM 2S110DC, Tax Lot 00100. ZONE: General Commercial (CG). The CG zoning district allows for the provision of a wide range of major commercial goods and services. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by varioug departments and agencies and from other information available to our staff, a report and recommendation will bo prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MONDAY - DECEMBER 30,1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date. please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: Y We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (ekase pmvide the following information) Name of Person(s) Commenting: MiIze Mice Phone Number[sh 3qs MLP 96-0019 CARL'S JUNIOR PARTITION PROPOSAUREQUEST FOR COMMENTS RECEIVED PLANNING CITY OF TIGARD ® 9995 Community (Development DEC to ~i U ShapingA Better Community REQUEST FOR COMMENTS DATE: December 18, 1996 TO: John Roy, Property Manager FROM: City of Tigard Planning Diuisi STAFF CONTACT: Mark Roberts 1x3111 Phone: (50316394111 Fax: (50316841297 RE: MINOR LAND PARTITION [MLPI 96-0019 ➢ CARL'S JUNIOR PARTITION Q A request to partition a .54 acre parcel from an 8.78 acre parcel within the Safeway portion of the Tigard Promenade Shopping Center. The partition will split-off Pad "D" from the Promenade Shopping Center. LOCATION: 15520 SW Pacific Highway; WCTM 2S110DC, Tax Lot 00100. ZONE: General Commercial (CG). The CG zoning district allows for the provision of a wide range of major commercial goods and services. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MONDAY - DECEMBER 30.1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEAS .CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Nease provide the fo&nving information) Name of Person(sl Commenting: Phone Number(sl: MLP 96-0019 CARL'S JUNIOR PARTITION PROPOSAUREQUEST FOR COMMENTS - - - NARRA 11VE JMENT N~. THE PURPOSE OF TTiIS SURVEY ~S i0 PARTIITON INTO T;NO PARCELS 7NAT TRACT OF LAND DESCRIBED iN DEED DOCUMENT N0. 95081473, 8-30--95, 'A'ASHiNGI4N COUNIY DEED RECORDS. THE DASIS OF BEARINGS IS THE WEST LINE OF T1~E PLAT OF "FOUNTAINS AT SUMMERFIELD CONDOMINIUMS". ?1 1f ~OFLOTS 1o&11 AI M", LCA rED IN . . OF SECTION 10 " N 89'49'23" E 195.09' SCALE 1 = 50 , FND, 5~8p I.R, 38' ~ S89 49 23 W , „ „ 0.39' ~ = 18 56 05 47 37 07 3s' R = 386.00' R = 201.00' ~ = 32'00'48" SURVEYED: NOVEM6ER L = 127.56' L = 167.05' R = 193.00' LC = S 80'42'22" E LC = N 66'01'02" E L = 108.95' ~ 126.98' 162.28' / LC = N 26`12'05" E 107.54' LEGEND ~ ~ N 4?'47'31" W 0 - DENOTES FOUND MONU1 6.00 AS NOTED. ~ - DENOTES FOUND 5 8" - A = 20'02'15" ~ , PLASTIC CAP MARKED S ~ . _ ~ R = 201.00' SET IN S~IRVEY N0. 26 N 643314 E 1 ~4, _ ~o L ~ ,0.29 ~ 35.55' ~9~ ~ = 02'51'42" LC = N 52'13'36" E ~ a - DENOTES SET 5/8" X 3~ ~ ~ 69.94' PLASTIC CAP MARKED ' .$gt R = 201.00 ~ y1 L=10.04' Z = N , LC = N 63'40'39" E FND. - DENOTES FOUND D 04'16'49" s N 89'49'36" E ~,1~ , f R =388.00' p ~9 86.T2 ~p 10.00 ~ I.R. . - DENOTES IRON ROD b • ~ ~ L = 2a.84 _ 60.07 ~ s 21'20'40` E ~ LC = S 73 " `~i' ~ - 14'3916" o, ~ I.P. - DENOTES IRON PIPE "22 43 E R = ~ 38,97 28.83' F -386.00 L - 98.73' Q = 24'43'08" I U 3 LC = 5 82'50'48" E R- 201.00' U a 98.48' tC = N 71'28'02" E ~ ~ ~ ~ 86.05' a ~ ~ o PARCEL 1 ~ ~ ~ 1 0.54 ACRES o ~ ~ ~ - ~ ~ ~ - ~ 10' ~ 3 ~ ~ J ~ { W s, ~ N - N 69'41'06° W ~ ~ ~ ~ ~ LL L 16, 29' ° ~ ~ . ~ ~ Q W ~;I ~ F a' ~ ~ w REFER_NGE SURVEYS 140,9x' 4~ m ~ N N 84'08'11" W ~ ~ - p ~ SURVEY N4. 3,$67 SURVEY NO CJ I ~ ~ I ~ SURVEY N0.4,318 SURVEY NC I ~ SURVEY N0. 9,464 SURVEY NO ~ i 1 Q SURVEY h0. 9,549 SURVEY NO r t ~ ~ SURVEY NO. 9,64Q SURVEY NO U PARCEL 2 _ 1 ~ PLAT OF ~VItLOW$ROOK FAR!A 7.94 ACRES ~ PLAT OF FOUNTAINS AT SUMMERFI ~ ~ - FHASESI, 3, 4, 5, 16 &18. ~ PARTIIT(1N PLAT N0. 1995-04fi ~ j W Q ~ ~ ~ w{ 1w ~ , ( o o ~ Q THERE 1S NO GEODETIC CC ) ~ ~ o Nl01dU MENT yipTH~N ON i~AL ~ j ~ ° ~ OF THE B ND a z ~ ~ OU ARY OF MI .V h~ ~ ~ Z ~ 0 1 ~ - ~ Q a ~ I i N ~i z - ? ~ REGISTERED / ~ PRO~ESSfONAL 10' WIDE PUBLIC WATER MAIN EASEMENT -J I-r=--- I-'' 9 -3 1 - LAND SURVEYOR 8 329 , 4 16-98 ~ ~ ~ ~ ~ ~ ~ " - - I S 00'00 09 E - - ~©REGON 10.00' a ,,~a;wtr ~es~ _ _ ` N 89'59'51" E _ _ u 197_09' _ _ _ J ` ~ L _ J _ _ _ _ N 89'59'51" E 275.95' MARK A. 1.~GHTENT1iALE _ 2&45 w ~ w T ! _ - - - - - _ S 89'59'51" 4Y EXPIRES 12 31 '98 S FOUND MONUMENT 473.C4 ~ / 1 ~ ~ ED. o ~ J ~ p o FND. 2" $RASS CAP MARKED I HERE$Y CERTIFY THAT THtS o Q1P "COOPER CONSUL?ANTS" AN XA T S FOUND 5/8" IRON ROD 1MTH YELLOW D E C COPY OF THE ORf CAP MARKED "G & L LAND SURVEYING fNC." SURVEY NO. 26,122 o ~ $ INITIAL POINT 4F FOUNTAINS AT PARi1T10N PLAT S SET 5/8" X 30" IRON ROD GYITH YELLOW z ~ ~ ~ SUMMERFIELD GONDOMiNIUId PHASE 1" ~ 10.00 SAP MARKED "G & L LAND SURVEYING, lNC." 323.34' ~ 477.44' _ _ S FOUND S 89'32'08" 1N 810.78' PAG S IRON ROD INITIAL POSNT SURti G& S IRON PIPE 8116 BEAb PN4r JGE3 SURVEYS CITY OF TIGARD APPROVALS SURVEYOR'S CERTIFICATE I, MARK A. UCHTENTHALER, STALE THATf NAVE GORRECILY SURVEYED AND MARKED WITH PROPER MONUMENTS OR OTHER MGNUMENTAT)ON AS SHOI'~N, ALL LOT CORNERS, APPROVED THIS.~__-___ DAY OF. , 199 ~ . CURVE PGiNTS, AND 60UNDARY LINE CHANGES {N DIRECTION 11iE L4Np REPRESENTED ON F~ ANN~X~D ~~~~0~ P~A1 ~~iNG ~Q~110~~ Q~ 10~~ 1Q ~ 1~ ~i 11;E CITY OF t1CARO, ~'ASHINGtON COUNTY, OREGON, AND BEING MORE PAR11pJLARLY DESCRIBED AS FOLLOWS: S OF LOTS 10 11 BY BEGINNING AT A 2 INCH BRASS CAP MARKED "COOPER CONSULTANTS" WFilgi fS THE CITY OF 11GARD, CITY ENGINEER NORTHEAST CORNER OF LOT 16 Of "WILLOW-BROOK-FARM" PER SURVEY N0. 15,937 AND ~ DEED AND WHICH WAS MELD AS T11E INIT}AL ?DINT OF PHASE I OF THE "FWNTAINS AT ' ~ ' SU}dMERFIELD CONDOMIMU}viS"; THENCE SOUTH 89'32'08" (NEST $10.78 FEET TO A 5/8" AMLOCATM ILA IRON ROD iM?li YELLOW PLASTIC CAP INSCRIBED "G & L LANp SURVEYNG, INC.", BEING M-Wl - - - MEMEL- A POINT ON TT;E EASTERLY RIGHT-CF-4YAY UNE OF S. W. ?ACIFMC H1GH`d'AY (99W}, SAID POINT BEING THE NORTIiWEST CORNER OF FEE N0. 94-0208$3; THENCE NORTH 20'18'54" EAST ALONG SAID RIGHT-OF-aNAY 1aNE 504.18 FEET TO A 5/'8" IRON ROD WITH YET_LOW PLASTIC CAP INSCRIBED U & L LAND SURVEYING, INC. , BEING A POINT ON TFrE SOUTH RIGHT-OF-WAY LINE OF S.W. 109TH STREET; THENCE NORTH 84'33'14" WEST SURVEYED: NOVEMBEI WASHINGTON COUNTY APPROVALS ALONG SAID RIgiT-OF-4NAY LINE 35.55 FEET TO A 5 8" IRON R00 WITH YELLOW PLASTIC CAP " / INSCRIBED "G & L LAND SURVEYING, INC. ; 111ENCE CONTINUING ALONG SAID RIGHT-OF- IYAY SOUTH 7114'19" 4NEST 3389 FEET TO A 5/8" iRGN ROD V~TH YELLOW PLASTIC CAP INSCRIBED "G & L LAND SURV1:YiNG, INC." AT THE BEGINNING OF A 386,00 FOOT RA.QIUS APPROVED THIS DAY OF , 199 ~ . CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 1$'56'05'; THENCE ALONG THE ARC OF SAID CURVE~TO THE LEFT (CHORD BEARS SOUTH 84"42`21` EAST, 128.98 FEET`) (27.56 FEET r0 A 5/e IRON ROO WITH YELLOW PLASTIC CAP INSCRIBED G & L LAND SURVEYING, DY INC.", THENCE N 89'49`36" E, 60.07 FEET TO A 5/8" IRON ROD 4NITN YELLOW PlAS1IC CAP R. 1 W., W. M. INSCRIBED "G & L LAND SURVEYING, INC." AT Ti1E BEGI1JIdING ~ A 201.E FOOT RADIUS DECLARATION WASHiNGTGN COUNTY SURVEYOR CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 47'37'47'; ]THENCE ALONG THE A.'ZC ' OF SAID CURVE (CHORQ BEARS NORTH 68"01'02" "EAST, 162 ~8 FEET) 1$7A5 FEET i0 A 5/$" KNOW ALL MEN DY THESE ?RESENTS, THAT DRAX-FRANKLIN L.L.C. IS THE 04MNER OF TIGARD {RON ROD WITH YELLOW PLASTIC CAP INSCRIBED G & L LAND SURVEYING, INC. ; TNENC~E LANDS pESCR(BED IN THE SURVEYOR S CERTIFICATE AND AS SHO4tiN ON 111E ANNE COUNTY, OREGON NORTH 47'47'31" WEST, 6.00 FEET TO A 5/8" 4RON ROD WITH YE1_LO'N PLASTIC CAF MAF AND NAS CAUSED T11E SAME TO BE SURVEYED AND PLAITED INTO PARCET_S STATE OF OREGON INSCRIBED "G & l LAND SURVEYING, INC." AT TI1E BEGINNING OF A 195.00 FOOT RADIUS AS SHOWN ON TI1E ANNEXED MAP. SS CUR1~E TO THE IEFt HAVING A CENTRAL ANGLE OF 32'00'48'; THENCE ALONG THE ARC NOVEMBER 8, 1996 COUNTY 4F VYASHINGTON OF SAID CURVE (CHORD BEARS NORTH 28'12"05' EAST, 107.54 FEET} 108.93 FEET TO A 5/8" IRON ROD WITH YELlOoY PLASTIC CAF INSCRIBED `C ~ L LANG SURVEYING, INC."; DO HEREBY CERTIFY THAT THIS PARTt110N THENCE LEAVING SAID SOUTH RIGHT-Of-WAY LINE NORTH 89'49'23" EAST 195.09 FEET PLAT WAS RECEIVED FOR RECORD ON THIS ~ TO A 5/8" {RON ROD 4'4TH YElLO>M PLASTIC CAP INSCRIBED "G dt L LAND SURVEYING, INC." DAY OF , 199 . BEING A POINT ON T11E NEST LINE OF 7HE "FOUNTAINS AT SUMMERFIEI.D CONDOMINIUMS", AT O'CLOCK_,,,M , AND RECORDED IN THE PHASE 16, THENCE SOUTH 00`06'14" EAST 613.84 FEET TO 11aE IN1T}AI. POINT. COUNTY CLERK RECORDS. CONTAINS 8.48 ACRES, MORE OR LESS. MATT BAKER MEMBER OF DRAX-FRANKUN L L.C. BY _ iS 114E OWNER OF THE DEPUTY COUNTY CLERK N ON THE ANNEXED WO PARCELS REGISTERED ALL TAXES FEES ASSESSMEIJTS OR OTHER CHARGES PROFESSIONAL ACKNO`tiMLEDGEMENT AS PRGI~DED BY~O.R.S. 92.095 HAVE $EEN PAID AS LAND $URVEYOR OF . 19 STALE 4F OREGON S.S. DIRECTOR, DI~SION OF ASSESSMENT AND TAXATION OREGON COUNTY OF WAS11itdGTON WASHINGTON COUNTY, OREGON ~aw~~,~r,a,s9~ MARK A. L1giTENTHALER THIS CERTIFIES THAT ON TT-I1S,~_. DAY OF ,1996 BEFORE ME 2845 PERSONALLY APPEARED MATT BAKER AND 4VH4 BEING FIRST DULY SWORN, DID SAY THAT HE IS A MEMBER OF THE DRAX-F1~ANKLiN L L.C. AND J~JO EXCUTE{ EXPIRES 12/31/98 FOREGOING INSTRUMENT AND DOES HEREBY ACKNOWLEDGE SAID INSTRUMENT BY TO BE OF HIS 4WN FREE ACT AND DEED. DEPUTY I HEREDY CERTIFY THAT TH)S IS A TRUE , AND EXACT COPY OF THE ORIGINAL PARTITION PLAT NOTARY PUDLIC FOR THE STATE Of OREGON ~9f RLYfLP MF STATE OF OREGON SS COUNTY OF WASHINGTON I DO HEREDY CERTIFY THAT T}i1S TRACING iS A COPY CERTIftED TO ME, BY ThE SURVEYOR OF THIS PARTITION PLAT, TO BE A TRUE AND 1 p EXACT COPY OF T1-IE ORIGINAL., AND TIiAT IT tNAS RECORDED ON TNE~DAY OF 19~., AT_~0'CLOCI(~,M., AND RECORDED ~N TrIE COUNTY CLERK RECORDS. jI $Y _ DEPUTY COUNTY CLERK STRUM9ENT P. sL G 81 8E ph JO . - _ _,r • - :art ,i ~ ~ }1 - • e _.5. n _ x . s ~ r . t ENT NO. NARRATIVE THE PURPOSE OF THIS SURVEY IS TO PARTITION INTO TWO PARCELS THAT TRACT OF LAND DESCRIBED IN DEED DOCUMENT N0. 95061473, 8-30-95, VdASHlNGTON COUNTY DEED RECORDS. TfiE BASIS OF BEARINGS IS THE .NEST UNE OF THE PLAT OF "FOUNTAINS AT SUMMERFIELD CONDOMINIUMS". f~ fl OF LOTS 10 11 f . . N 89'49'23" E 189.00' ~ / SCALE 1" = 50' FND, 5~'8 N l.R. ~6' / S89 49 23 W s e / p ' O.J9' 1 / ~ - 18 56 05 3s R = 386.00' SURVEYED: NOVEMBER L = 127.56' LC = S 80'42'2211 E 126.98' / LEGEND Q DENOTES FOUND MONI,MENT ~t d = 79'56'41" As NOTED. ~ ~1``~- R = 201,40' A' - DENOTES FOUND 5 8" IRON f r 1,` 1 / M L ~ 280.4 PLASTIC CAP MARKED G & l 1 " S ~ , _ , r ~ SET IN SURVEY N0, 2&,122 N 64 3314 E ~ - LC = N 49 5115E _ " ° 35.55/ 19 4 ~ 02'59'42" 258.25' ~ ~ DENOTES SET 5/8 X30 IRI 33 ~ R ^ 0 ~ PLASTIC CAP MARKED G do t F SECTION 10 ,89, 2 #,QO' _ L = 1OA4' _ ~ 1 " ~ ~ lC = N 83'40'39° E FND. - DENOTES FOUND ~ 04'1 S 49 s~, ~ N 89 49 36 E ~ 1 W. , W. M. / R = 3$6,00 9 88,12 10.04 I.R. - DENOTES IRON R4D b,. 60.07 O L = 28 84 •9 _ ~ S 2120 44° E I.P. - DEN I _ " u`~,s A - 14 3916 v, OTES RON PIPE TIGARD lC - S 13'22 43 E R ; 386.00' ~ 38,97 28 83' ~ LINTY, OREGON L = 98.73' c1 = 24'43'08" I Q 3 ~ " R = 241.00 ~ LC = S 8t 50 46 E ~ U ' 68.48' LC = N 77'28'02" E I I o Q M ~ N 86A5 I I ~ / PARCEL 1 ~ ~ I I r°~ 0.54 ACRES o i~ ~ 1i ~ i pig --~-I Imo-- , I 1Q ~ 3 i J I I W ' / N ~ - N 69'41'06" W N' I I ~ I~-- I ~ ~ 16.29' ~ 1" ixJ ~ ~ I ~ ~ ~ REFEREi`t _ ~ CE SURVEYS Q° ---t4a.s2' . I I ~ ~ h ~ - e~ _ N 84`08'19` I_~~~ ~i"°'- ~ I SURVEY N0. 3,867 SURVEY 1d0. 16,2 ~ U'9 / ~ i - ~ SURVEY N0. 4,316 SUR'~~EY N0. 23,5 i ~ ~ SURVE N0. 9, , 464 SURVEY NO. 23 6 I Q SURVEY N0. 9,549 SUR JEY N0. 25,8 r , ~ ~ SURVEY N0. 9,640 SURVEY N0. 261 PARCEL 2 I I PLAT ~ ~mLLOoox FARM PLAT FOUNTANS AT SUMMERFIELD C 7.93 ACRES ( I ND 5/8" IRON ROD WITH YELLOW i i PHASES 9, 3, 4, 5, 96 & 18. MARKED "G & L LAND SURVEYING INC." y N(3-~f~.1~9 F- PARTI710N PLAT N0. 1995-046 / I I W Q II 5/8" X 30" IRON ROD WITH YELLOW MARKED "G & L LAND SURVEYING, INC." I I r- ~ o I I, 7 o a 1 i o vJ O TI~ERE IS NO GEODETC CONTT2C~t p I i I MONUMENT WITHIN ON I~ALF M~.1 I PIPE w ~ $ $ ~ c ( ( OF THE BOUNDARY OF THIS PLA ~ N ~ v . { i v o. I I d A M~ I I F- ry I) ~ / ? ~ REGaSTEREO II O PROFESSIONAL 10' WIDE PU$LIC WATER MAIN EASE1dENT -►1 I~ L~. LANa sURVEYOR 98-33291, 4-16-96 I i II I i - I S 00'00 09 E OREGON / 90.00' 4r,+~ut,~r,a ,ss} _ _ _ _ N 89°59'51" E _ _ _ 197;09' _ _ _ _ _ J L _ _ _ N 89'59'59" E _ _ 275.95' MARK A. UCHTENTNAI~ER 2645 VEYS w I S 89'59'59" W 4"73.04' - _ - - - - - - - - _ ^ - EXPIRES 12J39 f91 1 ( I 0 0l Q ~ o ~ I I a FND. 2 BRASS CAP MARKED I HEREBY CERTIFY 1TiAT THIS iS A Q GOOPER CONSULTANTS AND EXACT COPY OF THE ORlGiNAL o i l I o h INITTAL POINT OF "FOUNTAINS AT A Ti d P T a ~ ~ " P R 1lOf lA z I I SU,dMERFiEL4 CONDOMINIUM PHASE 1 I 14.00 !23.34' 477,44' ~ PAGE 1 URVEY NO. 23,632 " W $10.78' S 89 32 08 URVEY NO. 25,817 URVEY NO. 26122 SURVEY f FARM 1NI11Al P01NT G6cLLA SUMMERI 1ELD CONDOMMUM 8116 S.W, k 18. 6-04.6 BEAVERTt PtIONE; F ~a~ raa. C DDETIC CON iROL N ON DALE' MILE i y i . ^ a ~ ^ i'~„ +('.y. x, :t'~ '~~:^Y.;$ .,3'_.t.~., ti,A~ :.~,€i ^€Ts ,"i'.tt _ _ x>a , CITY OF TIGARD APPROVALS SURVEYOR S C~~~I~ICAT~ " I, MARK A. LJCHTTrNTHA1.ER,_BTATE AT 1 HAVE CGRR CTL R Ty E Y SU VEYEU AND MARKf4 WITH PROPER MONEIMENTS QR QTHER MQNUMEN1ATl4N AS Sf;I01hN, A!L LQT CORNERS, APPROVED TIiIS DAY OF CURVE POINTS, AND @4UNQA!?Y LINE CHANGES IN DJRECTIGN THE tAN4 REPRESENTED 4N 199 _ . THE ANNEXED PAR1T10N PLAT, BEiN6 PORTIONS QF LOTS 14 & 11, WItIOWDRQbK FAR>>A IN t! f! THE G1TY Qi T1GAR4, WASi-IINGTQN C~NTY, GREGON, AND BEING MORE PARTICULARLY ~ DESCRIBE4 AS FOLLOWS: ~ i BY BEGINNING AT A 2 INCH BRASS CAP MARKED "CQOPER CGNSULTANTS" WHK:H !S THE CITY GF 11GARD, CITY ENGINEER NORTHEAST CORNER GF LOT 16 L>F "WILLOW-BROOK-FARM' PER SURVEY tVO. 15,937 AND DEE4 AND t1+tiK;1t WAS HELD AS THL INITIAL POINT OF PHASE t OF THE "FOUNTAINS AT • ~MMERFIELD CON4OMiN!UMS"; TWENCE SOUTH $93208' WEST 814,18 FEET Tb A 5/8" IRGN RGD WITH YELLOVY PLASTIC CAP INSCRIEED 4 6c L LAND SURUkYING, ING.', DEING A POINT QN THE EASTERLY RIGHT-OF-WAY LINE OF S,e'F, PACIFIC ITlGH6VAY (99W}, SAID ~ PQiNT BEiNC ME NQRA~'WEST COt~NER 4F FED NO. 94-414883; THEt~3C~ ~ NGRTIi 24'18'Sa' EA5T ALONG SA+D ftIG1iT-GF-i~'AY Li'~E 5G4.1$ FEE1 TO A 5/8" IRON ROD 'e41TN YELLOW PLASTIC CAP INSC~iiBE4 G d>; L IAPtD SU~RVEYTNG, RAC.", 9EING A PAINT 4N T1iE SOUTH RlGNT-GF}WAY LINE OF S.W. 109TH STREET; THENCE NORTH 6d°33'1a" 'WEST WASHINGTON COUNTY APPROVALS ALONG SAID RIGHT-OF-WAY LINL 35.55 FEEj T4 A 5 ~8' IRON ROD THIN YELLOW Pu§Tlc cAP SURVEYED: NOVEMBER € iN E ~ SCR BED G & t LAt~ SURVEYING, INC. , TI,F,~CE CONTINUING ALON4 5A0 RIGHT-OF- WAY SOUTH 71 141 WES1 }3.8~_FEET TO A 5J8'' kRON RGD VdTH YT:LLOW PLASTIC CAP INSCRIBED G & L LAND SURVEYING, it~C. Ai THE B;rG~YNING OF A 3$B 4Q FOOT RADIUS APPROVED THIS flAY O.~T_ , 199 .e. CURVE TO THE LEFT HAVINi; A CENTRAL ANGl~ OF 1$'5845"; T1ENCE ALONG TPIE ARC OF SAb CURVE TO Ti-~t LEFT (q-;ORU BEARS SOUTH 80'42'21" EAST, f28,9$ FELT} 127.58 #£ET TO A 3/8" IRON R~ W1I#i Y1:LlOW PLASTIC CAP iNSCRI,BE4 "G & LAND SURV~YiNG, BY IrdG. AT iTiE BEGINNING OF A 20!,40 FOOT RADNIS pJRVE T4 THE LEFT HAVING A CENTRAL ANGLE QF 79'56'48'; THENCE ALONG THE ARC.Of SAID CURVE (CHORD BE,4RS DECLARATiQN WASHINGTON COUNTY SURVEYOR NORTH 495114 EAST 2$:15 FEETO 284,46 FEET TO A 5/8!` IRUW ROp 'A1TH Yr;LtOW PLASTIC CAP (N5CR(BED G ~ L LANG. SURVEYN~, ENC."; T7TENCE IEAVING SAS SOUTH RIGHT-O;r-WAY LINE NORTH $9'49`23" EASfi 189.Op FEET TO A 5 IRON R W►TH KNDW ALL MEN BY THESE PRESENTS, THAT ORAX-FRANKLIN l L,C. 4S THE OWNER OF ' kAC*Kt-t Ktn „ ~ LANDS DESCR~BEO IN THE SURVEYOR S CERTIFICATE AND AS MOWN ON THE ANNEXED YELLOW PLASTfG CAP INSCRIBED G & L LAND $l1RVEYING, INC. ING ~A POINT GN THE MAP AND HAS CAUSED T1;E SAME TO BE SURV STATE OF OREGON WEST LINE ~ THE "FOUNTAINS AT 5UMMERf~ET.I) CONDQMIN(UMS", PHASE 16; TI~ENCE EYED ANO PLATTED INTO PARCELS SGUTN 40;a61a EAST 613,44 FEET T4 t1~E INlT1AL P(}INr. AS SHGvN~I 4N THE ANNEXED MAP, 55 COUNTY OF WASHINGTON CGNTAINS 8.48 ACRES, MORE OR LESS. I DO HEREBY CERTIFY THAT THIS PARTiPON PLAT WAS RECEIVED FOR RECORD ON TlilS DAY OF , 199 . AT 0 CLGCK.,,td , AND RECORDED VN THE COUNTY CLERK RECORDS. MATT BAKER MEMBER Of DRAX-FRAtrKLiN L.L,C, BY _ ~DEPUTY COUNTY CLERK REGISTERED ('ROFESSl4NAL i ~Q ~URVEYdR ALL TAXES, FEES, ASSESSIRENTS OR OTHER CHARGES OREGQN ACKt~OWLE~G~MENT AS PftOVJDED BY 4,R.S. 92.095 NAVE BEEN PAID AS ,u~u~ir,~ Iss# MARK A. UCHTEfVTNALER A ~ . 19~ 2645 EXPIRES 12/31/91 STATE OF OREGON S,S. DIRECTOR, DiVISrON OF ASSESSMENT AND TAXATION COUNTY OF ~'ASF3INGTON WASHINGTON COUNTY, OREGGN I HEREBY CERTIFY TF~AT THOS 15 A TRUE THIS CERTIFIES THAT ON TH! AND EXACT COPY 4F THE ORIGfNAL S DAY OF ,1998 BEFGRE ME PARTITION PLAT PERSONALLY APPEAREfl MATT BAKER AND WHO l3ElNG FIRST DULY SWORN, D#D SAY THAT HE IS A MEME3ER OF THE ORAX-FRANKLIN L.L.C. AND WHO EXCUTED THE FOREGOING INSTRUMENT AND DOES' HET?EBY ACKNOWLEDGE SAID INSTRUMENT B TO BE OF HIS OWN FR E A CEPUTY E CT ANO OEET). Y l NOTARY PUBLIC FOR THE STATE OF OREGON STATE OF OREGON SS COUNTY OF WAS{iiNGTON 1 DO HEREBY CERTIFY 'MAT THIS TRACING IS A COPY CERTIFIED T4 ME, BY THE SURVEYOR OF r THIS PARTITION PLAT, TO 8E A 1RUE AND EXACT COPY OF THE ORIGINAL, At@D THAT IT WAS RECORDED ON THE_._,_DAY OF 19___, AT____0'CLOCK~M,, AND REC4RDE0 (N THE COUNTY CLERK RECORDS. BY CEPUTY COUNTY CLERK i +11 ~ PAGE suRVE t cal s~~s s 6~AVEx 4 P~fOt~~: J08 Nf 1 W., W. m. F TIGARD ✓OU N TY, OREGON OVEMBER 8, 1996 ~,a..r ~~;c,4 .-.~~~.r 5r... .4° ~c ,:r- r..y `t ,r tl! 1E__ tut_£' _ k:;ri ;'V r? s, ~ •:.,7• •7. T~ _ r _ . ~ ~9~r. ' P' e ~ r . _ _ _ : Y s . - . 11/~~P q~ l ~ NARRA flVE JFNT NO_ T}i>r PURPOSE aF THIS SURVEY IS TO PARITTlQN INTO TN~O PARCELS THAT TRACT OF LANO, D%~CRfBE.D IN DEED DOCUMENT' N0, 35061473, 8--30-93, WASHINGTON COUNTY DEED RECORDS. TH£ BAStS QF BEARINGS IS TFfiE 1"BEST UN;~ t~ 11-IE PLAT OF "FOUNTAINS AT SUMM£RF1EL0 CONDOMiN3UMS". s t N ~ ff f N 89'49'23" E 189,00' • SCALE 1" ~ 54' f1~tD. 5~8" LR. 3g~ / S89 49 23"W 0.39' / ~ = 18'56'05" ~s' ' R ~ 385.OQ' SURVEYED: NpVEMBER 8, AM", LOCATED IN L ~ 127.58' AF gFr.TI nN i n LC = s 8U•4z'2a" ~ 126.98' ~ LEGEND 1 W., W. M. ~ ~ 0 - DENOTES FOUND !~IONUMEN' TIOARD ~ = 79°56'41" As NOTED. R 1 ,tr - " 2O .00 DENOTES FOUND 5f8 IRON L ~ 2$0.45' PLASi1C CAP MARKED G 6 )U N TY, OREGON , " $ ~ " ~ SET IN SURVEY NO. 26,122 N 64 3314E ~l J . - - LC = N 49 5115E _ " , J9a ~ ~ 0 .ST+ 2" ~ ~ ! DENOTES SET 5~8 X30 VVEMBER 8, 1996 3~,~g F ~ 4 ~JB'~5 PLASITC CAP MARKED "G d 33 , R = ZO1,Q0' ~ , L = 10.04 Z , , " _ ~ " FNO. - DENOTES FOUND _ N w LC N 8340 34 E n D4"16 49'' s~ 89 9 36 E ~1 ~ ~ - R = 386. $8,~2 ~Q 10.04 I.R. DENOTES IRON ROD 00 v .>r~ ~ ~ ~ L = 28.84' ~ ~ " $0'Q7 ~ S 212040E I.P. - DENOTES IRON PIPE N IN© k,Aflt ICUFNT " ~ 4= 143916 fl._ O LC - S 73 22 43 E R = 3 ~00' f 38.97' ~ , f ~ ~ , N 28.83 l = 98.73' Q = 24'43 48 O ~t ~~rn , fst" «nn~ Qnn guru vrr ~ n~,v ~ , " = I ~ tt LC = S 82 5046E R 2Q1.00' ~ U ' 98.48' LC = N 77'28'02" E I ~ rj 0 h ~ 88.05r ~ ~ ~ / ~ PARCEL 1 "n ~ Il r~r r. ~ 0.54 ACRES ~ I t~ ~ I 10 ~ ~ ~ J If w o. ~ N ~ t~ LL " N . I N 69'41'46 W r`~ ~ ~ ~ ~ ~ 16 29' i ~ W ¢I I~ - - s ~ REFERENCE SURVEY W s ~ - 140.92' I I ~ ~ IEY NO. 26,122 ~ ] N 84b8'11~' w I I p SURVEY N0. 3,867 SURVEY N0. 1k ET 5/8" X 30" IRON ROD iM114 YELLOW ~ SURVEY N0. 4,318 SURVEY N0. 2; ~ { ~ N SURVEY NO 9,464 SURVEY N0. 2; ,P MARKED "G & L LAND SURVEYING. INC." ~ I I N Q SURVEY N0. 9,549 SI;RVEY N0. 2", )UND I I m SURVEY N0. 9,340 SURVEY N0. 2f ON RQD ~J I PLAT OF 1~ILLOWBROOK FAR1~ PARCEL 2 I 7.93 ACRES ~ ( PLAT OF FOUNTAINS AT SUMMERFIELD PHASES 1, 3, 4, 5, 16 & 18. I I PARTITION PLAT NO. 1995-046 ~ ~ I ~ tat Q ~ I : 1,, ~ • 1 I R Q 0 8 • I E• o o ~ p THERE IS NO GEODETIC CONTF ' ~ I o MONUMENT ~TN{N ON HAIf !d. ~ - ~ o ~ ~ ~ I OF THE BOUNDARY OF THIS P o z ~ ~ t ~ ~ - ~ ° I ~ Q ~ II ~ ~ ] REGISTERED R VE YS ~ ( ~ O PROfESS10NAL 10' WIDE PUBLIC WATER MAIN EA MENT Imo--- ~ LAND SI~RVEYOR SE 96-33291, 4-16-96 I j SURVEY NO. 16,223 SURVEY NO. 23,597 I I ~ I " SURVEY NO. 23,632 SURVEY NO. 25,817 I S 00'00 09 E OREGON SURVEY NO. 26122 I 10.00' ~ANUARY,y 984 ~ N 89'59'51" E 197.09' N 83'59'51" E 275.95' MARif A. U TEN A L-________ LER i L ts4s ~ ~ -~T_._.._.--__...~-------------------~J kT SUMMERFIELD CONOOMMUM ~ I r S 89'5951 'W 473.04' EXPIRES 12/31j91 5&18. I I 995-04.6 ~ ~ ° fND. 2" BRASS CAP MARKED • ~ I HEREBY CERTIFY 1TiAT THIS IS ~o,l to " P w ~ CQ~ER CONSULTANTS AND EXACT COPY OF THE ORIGIN I ~ ~ o iNIIIAL POINT OF "FOUNTAINS AT PARI1110N PLAT S c " ~ ~ ~ ~UMMERfiELD CONDOMINIUM PHASE 1 z ~ 10.00' 323.34' 477.44' A _ - PAGE GEODETIC CONTROL THIN ON HALF MILE S 89'32 QS iN 810.78' )ARY OF THIS PLAT. i SURYE~ 1N111AL PO,NT G & L 8115 S. BEAVER f'F(ONE: J08 Na i . _ _>-~_r t ~-.T - :~-:'_`Ti"'~• °F~^ 's "~"z a{. ~`=;er' ~ `~a° -r'' •4' - k ° 'r ~La` - 'q°e';--s :5°.. . ? ~ x ' ~ r.7 CITY OF TIGARU APPRQVAI.S SURVEYt?~.~ GERTI~'I~AT~ I, MARK A, UCHT;;NTHA~.ER, STATE T1jA~ !RAVE CORR1rCTLY ~JRVE,1'Ep, AN MARKED ' NAT9i PROPER MQNUMENTS Ct~ Oi1~ER M4N~`EIEN.TA~It}N A :~1~t~h#. AI,~ LO CORNERS, , ~ - ~ CURVE POINTS; AND ~OUNDA>2Y LINE Ci-IANGE~ fN~ QI~'EC aQN t;AND,REPRESENTE Q~t APPROVED THIS DAY OF 199 ~ ~ ~ _ , THE At~NI~;XEO PAI~ITIQN P1.Afi, SIN PGfl~lONS' 4>R' ~oT~ to ~ 4'~.tOWBRd014 F~t~, IN » tt ' THE qTY f)F T'#GARD, t~A~-1iNfitTON TY, ORiCON, ANo BEING M0~€ [~ARia+~#tLAEtEY° DESCRfBED AS fdLLO•~i5: - ~ ~ DY BEGINNING AT A 2 INCH BRASS CAP MARK~~ "CUQP CON TANTS" IS THE " » ~ . Y~~ CITY OF TIGARD GTY ENGiN ER NORTHERS? CORNER OF LOT #B ~ WI1,I,OW-sROOKµFA~v PER° SIiRVIY NO.' #;~,9~~'ANp £ , , a DEEP ANO 4"1hl1CH YEAS T;ELD A3 ll~£ i#AL PO!' T Qr" HA # TH T T s . ~ N P S£ ~ £ N A H. S ~y r r' r ~ ` ~ I if ~JMMERFiI:T..Q CONDOMINKJMS, TNE1dCE SQt1TH 843308 ~r'ESt 590,15 s=E>:T TQA 3f8' C T IRON RQD NTH YE't9.Q:+"t PLAST#G CAP fNSGRiBEO G & t.AND SVSV~Y(Nt~ INr; , ~EIt~G . ~ A PQ~YT ON Thl: EAS~RLY R1C~9F-OF-WAY LINE OF S.N!. Pi4CIF1C .NIGH~A~f ~'~9N~~. SAIQ t POINT GE~NG ~ME NORT#1WEST CQRNER OF FEE NO. 94-02088 THIiNGE.: , NORIH 20'18`54' EAST ALON4 S,4iD RI T-OF-WAY LI, ' yE 50d,t8 FEET T4,A 5 8 IRt~N ROQ „ WITH YELLOW PLAST#G GAP {N$ORIBED F dt l.ANO SU~VEYu'~t#, u~C. , $£IN6 POi1~IT G94 THE sOUTH Rlc~T-GF-WAY L~~ GF $,1l. 1G9T#1 ST~EETi ti~E~CE NbRTH a4'~~'9~~ ~~.sr ~ V~ Q: ~ YE V M ALONG SAIp RJGHt_Of> ` Y L1N( F T T S IR ' WASHINGTON COUNTY APPROVALS WA . ~ A . r~~,to~,P~A~TIC cAP iN$CRIBEt~ G & L LAND S~1ftVEY1NG, INC. ; THENCE NTINtJiNG ALQNQ ~fQ RiG~~=OR~- WAY SQUTki 7114'19 NEST 3.89, FEET TD A 5/8 IRQ,N 8013 W9TN YE~.LO~Y PIAST}O CAP fN$GRIBED G e~ L LAN(}' SURVEYING,. INC, AT tt,tr $E~I~;11NG 4F.li 3~~Ob fO~j ~AQ+OS APPROVED THIS DAY OF , 199 . CUR1~E TO TH£ LEFT HAY~G A C,frN.TI~A#, ANG~.E ~ 1$ ~ ENC£ AipN4. T ABC DF SAS CURVE TO ri,~ LE~T~ C13O~D HEAPS SO4i~~>~4321 _ Sf, #28,8 iEE,T~ 127.56 FEEY TO A 3/8" IRAN ROD ~ YELLOW PLAS?TC_CAP (1~SCRIDEt1 "G ~:I.~ CND` $URVE,IING, INC. AT T't;E OEGINNING Of A 201,00 FOOT RAD .S~ C~3RV'E T(} THE ~ t NA1KN¢ A CENTRAL DY ~ . ~ ~ 1 ANGLE ~ 79'56 48 ~ THENCE A~.ONG THE ARC OF 5414 CUR1(£' tC{~ORP BSS 4EG.A~AT10N WASHINGTON COUNTY SURVEYOR NORM 49'5114 EASE 258,25 FE€10.280.46 FEET TQ A 5/$" IR~N. RO!'7 v~M YEL~.O~► ` PLASTIC CAP INSCRIBED G & L l~ND SURVEYN~ INC. ~ THENCE l ylNl~ 51414- SOUTH KNOW AlL MEN BY THE.$E PRESENI'~ THAT ORAX-f~RANKLIN L.LC. IS THE ONrNER OF Tt RIGHT-OF^'WAY LINE TH 49 3 EAST 1 9. F T T T NQR $9 2 8 GO EE Q A 5IKON R0~ ~1TH` „ ~ LANDS DESCRIBED iN THE SURVEYOR S CERTiF#CATE AND AS SHOINM ON TH£ ANNEXED YELLOW PLASTIC CAP INSCRIBED G & L LAND SURVEYING; INC,' BEINO'A pOiNl' 4N THE „ MAP ANr~ NAS CA~3SE0 THE SAME T4 $E SURVEYED AN4 PLATTED lNtO PARCELS WEST LINE OF THE FOUNTA{NS AT SU, M F N STATE OF OREGON M ER iE~.O CO DOMINIU~dS, PhlAS£ 16, THE7~CE A5 S1~Odt+N ON THE' ANNEXED MAP. 1. SOUTH 00'06'14" EAST 813.84 FEET TO THE INITIAL POINT. SS COUNTY 4F WA51-IINGTON CONTAINS 8.48 ACRES MORE GR LESS. , I DO HEREDY CERTIFY THAT THIS PART'1TIQN PLAT WAS RECEIVED FOR RECORD ON THIS DAY of , 199 . , AT 0 CLOCK_,_,M , ANb RECORDEb iN THE CdUNTY CLERK RECORDS. ' p+~ATT BAKER MEMBER OF DRAK-FRANKLIN L.L.C. DY _ , DEPUTY COUNTY CLERK REQISTEREO PROf~ESSlONAL ~.ANp SI~RV~YQR i { A L TAX F ACKtJOW~.EDGEM~tT L ES, EES, ASSESSMENTS OR OTHER CHARGES OREGON AS PROVIDED 8Y O.R.S. 92A95 HAVE BEEN PAID AS ~a+~in~r 54 3ee~ _ a , - MARK A, L9CHTENTNALER~ OF . 19..,_, 445 EXPIRES 12/3t/97 STATE OF ORlGOt~ S.S. DIRECTOR, DlVIS1GN OF ASSESSMENT AND TAXAT10N COIiNTY OF WASHINGTON WASHINGTON COUNTY, OREGGN !HEREDY CERTIFY THAT THIS IS A TRUE ` F AND EXACT COPY OF THE ORIGINAL THIS CER1jF~ES THAT ON THIS.., DAY OF ,199$ BEFORE ME PART'1 PLAT PERSONALLY APPEARED MATT BAKER AND WHO BEING FIRST DULY SWORN, ~ DN} SAY CHAT HE 1S A MEMBER OF THE DRA}~-FRANKLIN LL.C. AND WHO EXCUTEO THE FGREGQiN(3 INSTRUMENT AND DOES HEREDY ACKNOWLEDGE SAID {NSTRUMEN7 DY TD DE OF iflS O'rNJ FREE ACT AND DEED. DEPUTY NOTARY PUBLIC FOR THE STATE OF OREGON I W W-KA ` IGA D STATE OF OREGON SS OUNTY, OREGON C~NTY OF WASHINGTON -VFMRFR R 1 q4A I DO HEREDY CERTIFY THAT THIS TRAC{NG !S A COPY CERTlFiE4 TO ME, DY THE SURVEYOR OF THIS PARTiT10N PLAT, TO BE A TRUE AND EXACT COPY OF THE ORIGINAL, AND THAT IT WAS RECGRDED ON THE_,-___DAY OF 19_, AT______O'CLOCKTM, ANO RECORDED ' IN THE COUNTY CLERK RECORDS. BY _ v DEPUTY COUNTY CLERK ~c• nianlcn nr r .r ur as rim" -t' PARCELS PAGE SURVEY GdcL 81i6 S. BEAVER PN4NE: ~l08 NO