MMD2010-00011AFFIDAVIT OF MAILING
I, Patricia L. Lunsford, being first dulysworn/affirm, on oath depose and say that I am a Planning Assistant for the City of
Tigard, Washington County, Oregon and that I served the following:
{Check App.4ui- 8or(s) M-1
NOTICE OF DEGSION FOR
N M2010- 00011/ULTIMATE ELECTRONICS RENOVATION
(File No. /Nacre Reference)
El AMENDEDNOTICE
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit " N', and by reference made a part hereof, was mailed to each
named person(s) at the address(s) shown on the attached list(s), marked Exhibit " B", and by reference made a part hereof, on
June 2, 2010, and deposited in the United States Mail on June 2, 2010 postage prepaid.
that
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and swom/affirmed before me on the < < day of ' 2010.
SEAL
OFFICIAL
SHIRLEY L TREAT
NOTARY PUBLIC - OREGON
COMMISSION NO. 416M
acPIRES AFRIL 2s. 2011
NOTARY PUBLIC OF OREGON
CoM1MS!g
My Commission Expires: 46S 1
IXHIBIT A
NOTICE OF TYPE I DECISION L _q
MINOR MODIFICATION (MMD) 2010 -00011
ULTIMATE ELECTRONICS RENOVATION
12U DAY 5 = 9- SU -2U1U
SECTION I. APPLICATION SUMMARY
FILE NAME: ULTIMATE ELECTRONICS RENOVATION
CASE NO.: Minor Modification (MMD) MMD2010 -00011
PROPOSAL: The applicant proposes to re- stripe the parking lot and install ADA parking
spaces. A new store front and entry are proposed for the north wall and a
similar glazed area is proposed on the east wall, both incorporating signage for
the business. A pair of roll up doors is proposed for the south wall and a new
trash compactor is proposed for the west wall. New roof top air conditioners
are proposed with screening. Landscaping around the building will be enhanced
with tree plantings and shrubs. The trash enclosure will be re- located.
APPLICANT: Stantec Architecture, Inc. OWNER: Krausz Puente, LLC
Jay Baptista 18201 Von Karman Ave., #1090
1137 N. McDowell Blvd. Irvine, CA 92612
Petaluma, CA 94954
LOCATION: 10031 SW Cascade Avenue; WCTM 1S127DD, Tax Lot 01200.
ZONING
DESIGNATION: MUC: Mixed Use Commercial District. The MUC zoning district includes
land around the Washington Square Mall and land immediately west of
Highway 217. Primary uses permitted include office buildings, retail, and
service uses. Also permitted are mixed -use developments and housing at
densities of 50 units per acre. Larger buildings are encouraged in this area
with parking under, behind or to the sides of buildings.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630,
18.745, 18.755 and 18.765.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and
conclusions on which the decision is based are noted in Section IV.
N=2010 -00011 Ultimate Electronics Renovation Decision 060210 Page 1 of 4
CONDITIONS OF APPROVAL
PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
1. The applicant shall provide clear glazing at the design element on the east wall equal to that
which existed prior to renovation. This glazed area must provide for display of activities and
products within the building.
2. The applicant shall call for final inspection by the Planning Division for compliance with the
plans and application documents prior to final building inspection.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIV D O F THIS DE
SECTION III. BAC KGROUND INFORMATION
Site Information:
The subject parcel is located at 10031 SW Cascade Avenue near the intersection of Cascade Avenue
and Scholls Ferry Road. The site was re -zoned MUC, Multi -Use Commercial, making the building
and site an existing non - conforming use. All modifications must conform to the Washington Square
Regional Design Standards to the greatest extent possible.
Proposal Description:
The applicant proposes to re- stripe the parking lot and install ADA ' parking spaces. A new store front
and entry are proposed for the north wall and a similar glazed area is proposed on the east wall, both
incorporating signage for the business. A pair of roll up doors is proposed for the south wall and a new
trash compactor is proposed for the west wall. New roof top air conditioners are proposed with
screening. Landscaping around the building will be enhanced with tree plantings and shrubs. The trash
enclosure will be re- located.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B
contains the following criteria for approval of a request for Minor Modification:
Section 18.360.050.B states that the Director shall determine that a major modification will
result if one or more of the following changes are proposed. There will be:
1. An increase in dwelling unit density, or lot coverage for residential development;
There are no dwelling units on the property. Therefore, this criterion does not apply.
2. A change in the ratio or number of different types of dwellings;
There are no dwelling units on the property. Therefore, this criterion does not apply.
3. A change that requires additional on -site parking in accordance with Chapter 18.765.
No additional on -site parking is required. Therefore, this criterion does not apply.
1X1NID2010 -00011 Ultimate Electronics Renovation Decision 060210 Page 2 of 4
4. A change in the type of commercial or industrial structures as defined by the
Uniform Building Code;
There are no proposed changes to the structure type. Therefore, this criterion does not
apply.
5. An increase in the height of the building(s) by more than 20 %;
There is no proposed change in building height other than two 35 foot long design elements
for the entry and east wall signage. Therefore, this criterion is satisfied.
6. A change in the type and location of access ways and parking areas where off -site
traffic would be affected;
There are no proposed changes to the access ways. Therefore, this criterion does not apply.
7. An increase in vehicular traffic to and from the site and the increase can be expected
to exceed 100 vehicles per day;
There will be no increase in vehicular traffic to and from the site. Therefore, this criterion
does not apply.
8. An increase in the floor area proposed for a nonresidential use by more than 10%
excluding expansions under 5,000 square feet;
There will be a 162 sq. ft. expansion to a 40,000 sq. ft. building, totaling 0.4 %. Therefore,
this criterion is satisfied.
9. A reduction in the area reserved for common space and /or usable open space which
reduces the open space area below the minimum required by this code or reduces
the open space area by more than 10 %;
The proposal does not reduce the area reserved for common space or usable open space.
Therefore, this criterion does not apply.
10. A reduction of project amenities below the minimum established by this code or by
more than 10% where specified in the site plan:
a. Recreational facilities;
b. Screening; and /or
c. Landscaping provisions.
The proposal provides screening of mechanical equipment and the trash enclosure. New
trees will be added on the north and east sides of the building and the landscaping will be
enhanced. There are no recreation facilities. Therefore, this criterion is satisfied.
11. A modification to the conditions imposed at the time of site development review
approval which is not the subject of B 1 through 10 above of this subsection.
The proposal does not modify conditions imposed at the time of site development review
approval which are not the subject of B1 through 10 above of this subsection.
,NLNID2010 -00011 Ultimate Electronics Renovation Decision 060210 Page 3 of 4
FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a
site development can be met if the applicant complies with the conditions of
approval.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision
A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it
is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision
may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON JUNE 2 2010
AND BECOMES EFFECTIVE ON JUNE 3, 2010.
Questions•
If you have any questions, please contact the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon.
I
June 2.2010
APPROVED BY: Darrel "Hay Watkins DATE
Assistant Planner
503 - 718 -2440
NEVID2010 -00011 Ultimate Electronics Renovation Decision 060210 Page 4 of 4
i
VICINITY MAP
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I r — MMD2010 -00011
1
ULTIMATE ELECTRONICS
' RENOVATION
I
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Subject Site
Robinson
averton
x °d- Ill
Information on this map is for general location
only and should be verified with the Development
= 1 I Services Division.
s fl Scale 1:4,000 - 1 in = 333 ft
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f , DATA IS DERNED FROM MULTIPLE SOURCES THE CITY OF TKMIRD
�} ^ Nti�' MAKES NO WARRANTY REPRESENTATION OR GUARANTEE AS TO THE
CONTENT, ACC OR COMPLETENESS ASSUME O THE
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Washington
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LIABILITY F I ANY ERRORS$ OM , NS, OR INACCURACIES NO
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_ ,1 S W 1a, r Blvd
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- _ � 1 I GAR� pS Ti ggard, OR 97223 •
T �� 503639 -4171
50 �� www.tigardor.gov
REVISION
CITY OF TIGARD
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Stantec Architecture, Inc.
Jay Baptista
1137 N. McDowell Blvd.
Petaluma, CA 94954
Krausz Puente, LLC
18201 Von Karman Ave., # 1090
Irvine, CA 92612
Krausz, Puente LLC
By the Krausz Companies, Inc.
44 Montgomery Street, Suite 3300
San Francisco, CA 94104
EXHIBIt-6-
1S127DD01200
KRAUSZ PUENTE LLC
BY THE KRUASZ COMPANIES INC
44 MONTGOMERY ST STE 3300
SAN FRANCISCO, CA 94104
'U
$tantec
May 28, 2010
Mr. Hap Watkins
City Of Tigard
Planning Department
13125 SW Hall Blvd.
Tigard, OR 97223
Reference: 10031 Cascade Ave.
1 S127DD -01200
Subject: Minor Modifications Application (MMD2010- 00011)
Proposed Exterior Building Modifications
Comment Responses - Corrections
Mr. Watkins:
R ECENGt�
,1 0 1 2010
CITY OF TIGARD
PLANNIMNENGINEERING
Thank you for your review of the application for Ultimate Electronics at 10031 Cascade Ave. We have
modified the plans to reflect your comments dated 5/26/10 and offer the following responses as narrative
of the changes:
Comment 1 — Since you are establishing new parking designations (striping & ADA), the site must comply
with current parking standards: 40,000 sf retail building x 3,7 spaces per 1,000 = 148 spaces required.
40,000 sf retail building X 0.3 spaces per 1,000 = 12 bicycle parking spaces. Please revise your site plan
to reflect current parking standards and any spaces designated as compact.
RESPONSE 1 — Parking for cars and bicycles has been adjusted to provide the following:
77 Standard Spaces, 69 Compact Spaces, 5 ADA Accessible Spaces = 151 total parking spaces
(148 req'd). Bicycle `wave' style rack for 14 bikes is provided to the right of entry on North
elevation with new concrete pad and two (7) capacity racks. Please see spec sheet attached.
Please see Sheet ST1 and ST2 for parking and bicycle revisions.
Comment 2 — The refuse enclosure cannot be eliminated without approval letter from Pride Disposal, the
franchise hauler, that indicates adequate facilities for pick up of solid waste and source separated
recyclable materials.
RESPONSE 2 — The refuse enclosure has been relocated to accommodate the new truck loading
dock turnaround. Waste will be collected as follows: Trash Compactor for wet and non - recyclable
garbage and dumpsters for source separated materials like cardboard, glass metal and plastic.
The new location for the recycling dumpster enclosure will be on the rear of the building (west)
and will be replaced with a new enclosure to be the same size as existing. The dumpster
enclosure will be adjacent to the new trash compactor and both will be screened with 8' high
cyclone fence with slats, as shown on the site plan. The Site plan, sheets ST1 and exterior
elevations A6 have been updated to show these screen walls.
Stantec Architecture Inc.
1137 North McDowell Boulevard
Petaluma CA 94954
Tel: (707) 765 -1660
Fax: (707) 765 -9908
May 28, 2010
Page 2 of 2
Please let us know if you have any additional comments, or if this can be approved to commence building
department review of the project construction documents. We have included 4 sets of revisions so that
the revised drawings can be slip sheeted for plan check, if required. Thanks again for your time and
attention to our project.
Sincerely,
STANTEC ARCHITEiCrURE INC.
Michael Williams, AIA, P"RB, LEED AP
Stantec Architecture
1137 North McDowell BI d
Petaluma, CA 94954
(707) 765 -1660
RECEIVED
t 4P
Stantec
Stantec Architecture Inc.
1137 North McDowell Boulevard
Petaluma CA 94954
Tel: (707) 765 -1660
Fax: (707) 765 -9908
MAY 1 J 2010
CITV Or TIGARD
G ?IrER!!vG
May 17, 2010
Mr. Hap Watkins
City Of Tigard
Planning Department
13125 SW Hall Blvd.
Tigard, OR 97223
Reference: 10031 Cascade Ave.
1 S127DD -01200
Subject: Minor Modifications Application
Proposed Exterior Building Modifications
Project Narrative
Mr. Watkins:
Our client, Ultimate Electronics, would like to modify the existing building exterior located at 10031
Cascade Ave. According to the numerous conversations you have both with Ultimate Electronics, as well
as with us here at Stantec, the exterior concept has evolved many times. Our latest version incorporates
the most recent comments and is submitted herewith.
The exterior building modifications we are proposing includes, relocating the main entrance element to
the North side of the facility. A similar design element is proposed for the East (freeway) face of the
building and incorporates the additional fenestration as requested in your email of April 16'2010. In all
cases, glazing areas on each fagade are equal to, or greater than existing. A small parapet extension is
proposed on the south side and all RTU's will now be screened. The color palette proposed includes both
a blue and yellow brand accents over a gray body.
In conclusion, we believe this application merits review as a Minor Modification. Based upon the
parameters stated in Section 18.330.020 (B) (2) of the City of Tigard Development Code, the extent of the
proposed alterations would not trigger either a Site Development Review or Conditional Use Permit. We
appreciate your prompt attention to our application.
Should you have any questions, or require additional information please give me a call at 707.658.4705.
Sincerely,
STANTEC ARCHITECTURE INC.
J aptista, Architect
rincipal
City of Tigard, Oregon
May 26, 2010
STANTEC Architecture, Inc.
Jay Baptista
1137 N. McDowell Blvd.
Petaluma, CA 94954
13125 SW Hall Blvd. • Tigard, OR 97223
RE: Minor Modification, 10031 SW Cascade Ave.
Case number MMD2010 -00011
Dear Mr. Baptista,
The City has received your application for Minor Modification (MMD2010- 00011) of a Site
Development Review at 10031 SW Cascade Ave. Staff has determined in a preliminary review that
your application is substantively incomplete. Please respond to the following so your application can
be deemed complete and the review process can continue.
1) Since you are establishing new parking designations (striping & ADA), the site must comply
with current parking standards: 40,000 sf retail building X 3.7 spaces per 1,000 = 148 spaces
required. 40,000 sf retail building X 0.3 spaces per 1,000 = 12 bicycle parking spaces. Please
revise your site plan to reflect current parking standards and any spaces that are designated
as compact.
2) The refuse enclosure cannot be eliminated without an approval letter from Pride Disposal,
the franchised hauler, that indicates adequate facilities for pick up of solid waste and source -
separated recyclable materials.
The review process will resume when the application is deemed complete. Please be aware that staff
has not reviewed the application for compliance with all aspects of the code and may request
additional information during the review period.
Si cerely,
7
Darrel "Hap" Watkins
Assistant Planner
503 - 718 -2440
haR(,ta tigard oror.gov
CC: File MMD2010 -00011
MMD2010 -00011 Ultimate Electronics Renovation Incomplete Letter 052610 Page 1
Phone: 503.639.4171 9 Fax: 503.684.7297 9 www.tigard- or.gov . TTY Relay: 503.684.2772
RECEIVED
r
i'
MAY 19 2010
City of Tigard
GITV or TIGAFD
Minor Modification — Type I Application
GENERAL INFORMATION In addition, the Director must find that the proposed
Property Address /Location(s): 10 0 3 1 CASCflD6 p, change is in compliance with all applicable requirements of
- - _ Title 18 of the Tigard Development Code. To complete
this review, the Applicant's proposal must include a
Tax Map & Tax Lot #(s): '� ),:�'t �[Z� t� 0 discussion indicating how the site expansion / chauge will
continue to comply with the maximum setback, building
Site Size: height, parking, and landscaping standards. Other
requirements of this title such as clear vision, solid waste
Applicant*: 5T F,G 61?4 storage, non - conforming situations, signs, and tree
Address: removal may also be applicable depending on the type and
City/State: ti ALI I A A Zip: 4S. �4 location of the proposed modifications.
primary ( Contact: _�y$'P�"��7'�
Phouc g M) Fax: 4�0- SC
E -Mail:
Property Owner /Deed Holders) *:
(Attach list if more thin one)
c --
Address: Phone: 54
g2li�, 1 2
City /State: go&.ae- 0 LA Zip:
* When the owner and the applicant are different people, the
applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an
agent of the owner. The owners) must sign this application
in the space provided on the back of this fonn or submit a
written authorization with this application.
Minor Modifications:
Minor Modifications are processed for permitted uses and
conditional uses. To review a modification as a Minor
Modification, the Director must first find that the expansion
or change does not invoke one or more of the criteria
discussed within Section 18360.050(8) — Site Development
Review or Section 18.330.020(B)(2) - Conditional Use. If the
modification exceeds the maximum allowed under any one or
more of the criteria, a Major Modification review is required.
Major Modifications are processed in the same manner as a
new Site Development Review or Conditional Use Permit.
'APnficiat's Statement:
The applicant's statement must include a summary of the
proposed changes. Critcda in either 18.360.050(8) or
18330.020(B)(2) must be addressed with a detailed response
to each criterion. Failure to provide the information needed
to process the application would be reason to consider an
application incomplete and delay
review of the proposaL
REQUIRED SUBMITTAL ELEMENTS
¢x , oT (Applications will= be accepted without the
uU following required submittal elements)
Application Form
Owner's Signature /Written Authorization
[v]' Title Transfer Instrument or Deed
Site Plan (4 Large Plans & One - Reduced to 8'/i' a 11')
Q Applicant's Statement /Naaative (4 copies)
Qf Filing Fee $579.00
•O.:y_.i• - •12
Case No.(s): �A " - a'c' 1 0 `-'Q e "l /z
fsu-F' 2-01 6 fn, C -LC g zoro - C v� o
ther Case No.(s): 64-J
Receipt No.:� nC7
Date: `� /' 9
Application Accepted By:
Date Deterrnined Complete;
Reviud: 16 -ou -09
i \Mpin \rMCe \tsnl tae •pilintioro�minnr snraliGation cpp.doci
City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 1 www.6gard- or.gov I Page 1 of 2
r
To consider an application complete, you will need to submit ALL of the REQUIRFM SUBMI ... A_L. ELEMENTS as
described on the fr of this application in the "Required Submittal Elements" boa.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Lind Use Applications)
THE APPLICANT(S) SHALL. CERTII•Y THAT:
• The above tet does not violate any deed restrictions thnt may he: attached to or imposed upon the sub jt:ct
Rro !y,
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and Ii►nitations of the approval.
♦ All of the above statements and the statements in the site plan, attaclunents, and exhibits transmitted herewith, arc true; and
the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such
statements arc false.
• Tile 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 ofd owner of the subject property.
DATED ttus
17 - Ll-
Owner'sS natut
dny of �� — 1 20 / 0
Jfw E Ka«a,•w.�
E�,+tMr. Vua.�jr•,.+d..r
ate.. y�.�.a� Co�� ►G�,
Owner's Signature at cuk-&4
Owner's Signature
Owner's Signature
Owner's Signature
Owner's Signature
Ciry of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 639 - 4171 1 www .tigard - oc.gov j Page 2 ol2
CITY OF TIGARD
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
RECEIPT
Receipt Number: 178001 - 05/19/2010
CASE NO. FEE DESCRIPTION
MMD2010 -00011 Minor Modification to an Approved Plan
MMD2010 -00011 Minor Modification to an Approved Plan -
LRP
REVENUE ACCOUNT NUMBER PAID
1003100 -43116 $504.00
1003100 -43117 $75.00
Total: $579.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 2859 KPEERMAN 05/19/2010 $579.00
Payor: Stantec Consulting
Total Payments: $579.00
Balance Due: $0.00
Page 1 of 1
RECEIVED
Form No. 1402.92 (10/17/92) Order Number: NCS- 40299-
MAY 19 2010 OR2
ALTA Owner's Policy Page Number: 0
j , CITY OF TIGARD
P' �'�'�'►�.' /ENGINEERING
Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND
STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy
shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the
Conditions and Stipulations.
'� y"'
/7
E �
First American Title
Form No. 1402.92 (10/17/92)
ALTA Owner's Policy
SCHEDULE A
Premium:
$12,681.00
Amount of Insurance: $6,635,000.00
Date of Policy: September 11, 2003 at 10 :39:40 AM
Order Number: NCS- 40299-
OR2
Page Number: 1
Policy Number: NCS- 40299 -OR2
1. Name of insured:
Krausz Puente LLC, a California limited liability company
2. The estate or interest in the land which is covered by this policy is:
A fee.
3. Title to the estate or interest in the land is vested in:
Krausz Puente LLC, a California limited liability company
First American Title
Form No. 1402.92 (10/17/92)
ALTA Owner's Policy
SCHEDULE A
(Continued)
4. The land referred to in this policy is described as follows:
Order Number: NCS- 40299-
O R2
Page Number: 2
Situated in the Southeast quarter of Section 27, Southwest quarter of Section 26, Township 1
South, Range 1 West of the Willamette Meridian, in the County of Washington and State of
Oregon, and bounded on the West by the Southern Pacific Railroad, on the Northwest by S.W.
Scholls Ferry Road, on the North and East by S.W. Cascade Blvd., more particularly described as
follows:
Beginning at an iron rod with JSM Cap set on the Easterly right -of -way of the Southern Pacific
Railroad and North 89 0 52'50" West 221.80 feet along the North line of said Section 34, and North
19 0 15'30" West, along the Easterly 50 foot right -of -way line of said Railroad 180.52 feet from a
stone monument found at the Northeast corner of said Section 34; and running thence North
19 0 1530" West, along said railroad right -of -way 328.15 feet to an iron rod with ISM Cap set on
the Southeasterly spiral curve right -of -way of S.W. Scholls Ferry Road; thence on said spiral
curve (chord bears North 33 0 36'30" East 47.44 feet) 47.44 feet to an iron rod with State Highway
cap found SFB 42 +92.24 P.S. (100) marking the Southeasterly 100 feet from the center line
right -of -way; thence continuing on said line North 33 0 33'50" East 101.85 feet to an iron rod with
ISM cap set at the intersection with the South right -of -way of S.W. Cascade Blvd.; thence North
89 1 49' East on said right -of -way 269.95 feet to an iron rod with ISM cap set at the beginning of a
tangent 100 foot radius curve; thence Southeasterly on said curve (chord bears South 55 0 59'30"
East 112.39 feet) 119.35 feet to an iron rod with ISM cap set on the Westerly right -of -way of
S.W. Cascade Blvd. 50 feet from and parallel to the Westerly right -of -way of Highway 217, as
monumented; thence on said parallel right -of -way line, South 21 0 48' East 87.06 feet to an iron
rod with ISM cap set opposite an iron rod with State Highway cap found at SH 328 +00(130) /JSM
327 +99.48 (130); thence South 19 0 55'25" East 154.31 feet to an iron rod with ISM cap set;
thence South 70 0 54' West 446.98 feet to the point of beginning.
EXCEPTING THEREFROM a tract of land 5.00 foot wide situate in the Southeast one - quarter of
Section 27, and Southwest one - quarter of Section 26, Township 1 South, Range 1 West of the
Willamette Meridian, parallel and abutting the Easterly and Northeasterly lines of that parcel
conveyed to Levitz Furniture Company of the Pacific, Inc. in Statutory Warranty Deed, Fee No.
83048940, recorded December 19, 1983 in Washington County Deed Records, said tract being
more particularly described as follows, to -wit:
Beginning at the Southwesterly corner of Parcel I described in Fee No. 83048940 recorded in
Washington County Deed Records, said corner being marked by an iron rod with a ISM cap and
bearing North 89 0 52'50" West a distance of 221.80 feet along the South line of said Section 27,
and North 19 0 15'30" West along the Easterly 50 feet right -of -way line of the Southern Pacific
Transportation Company, a distance of 180.52 feet from a stone monument found at the
Southeast corner of said Section 27; thence North 70 0 54' East along the South line of said Parcel
I a distance of 446.98 feet to the Southeast corner of said parcel I on the Westerly right -of -way
of S.W. Cascade Boulevard and the true point of beginning of the herein described tract; thence
First American Title
Form No. 1402.92 (10/17/92)
ALTA Owner's Policy
Order Number: NGS- 40299-
O R2
Page Number: 3
along the Westerly right -of -way of S.W. Cascade Boulevard the following courses and distances:
North 19 0 55'25" West, 154.31 feet, and North 21 0 48'00" West 87.06 feet; thence Northwesterly
through a 100.00 foot radius curve concave to the Southwest, an arc distance of 119.35 foot
(chord bears North 55 0 59'30" West a distance of 112.39 feet); thence continuing on said right -of-
way of S.W. Cascade Boulevard South 89 0 49'00" West a distance of 184.39 feet; thence leaving
said right -of -way of S.W. Cascade Boulevard, Easterly through a 142.00 foot radius non - tangent
curve concave to the North an arc distance of 37.79 feet (chord bears South 82 0 33'31" East a
distance of 37.68 feet); thence North 89 0 49'00" East, parallel with the right -of -way of S.W.
Cascade Boulevard and 5.00 feet distant therefrom, a distance of 147.04 feet; thence
Southeasterly through a 95.00 foot radius curve concave to the Southwest, an arc distance of
113.38 feet (chord bears South 55 0 59'30" East a distance of 106.77 feet); thence parallel and
5.00 feet distant from the Westerly right -of -way of S.W. Cascade Boulevard the following courses
and distances: South 21 0 48'00" East, 86.99 feet, and South
19 1 5525" East, 154.14 feet to a point on the Southerly line of said Parcel I (Fee No. 83048940);
thence North 70 0 54'00" East along the Southerly line of said Parcel I a distance of 5.00 feet to
the true point of beginning.
This is the legal description of record being further described by Terramark, Inc., dated March
13, 1999 last revision July 11, 2003, Job No. 20030446/Site 3:
Situated in the Southeast quarter of Section 27, Southwest quarter of Section 26, Township 1
South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of
Oregon, and bounded on the West by the Southern Pacific Railroad, on the Northwest by SW
Scholls Ferry Road, on the North and East by SW Cascade Blvd., more particularly described as
follows:
Beginning at an iron rod with ISM Cap set on the Easterly right of way of the Southern Pacific
Railroad and North 89 0 50'06" West 221.80 feet along the North line of said Section 34, and North
19 0 15'30" West, along the Easterly 50 foot right of way line of said railroad 180.52 feet from a
stone monument found at the Northeast corner of said Section 34; and running thence North
19 0 1530" West, along said right of way 328.28 feet to an iron rod with ISM Cap set on the
Southeasterly spiral curve right of way of SW Scholls Ferry Road; thence on said spiral curve
(chord bears North 33 0 39'23" East 47.44 feet to an iron rod with State Highway cap found SFB
42 +92.24 P.S. (100) marking the Southeasterly 100 feet from the center line right of way; thence
continuing on said line North 33 0 3714" East 101.86 feet to an iron rod with ISM Cap set at the
intersection with the South right of way of SW Cascade Blvd.; thence North 89 0 49'26" East on
said right of way 85.65 feet; thence leaving said right of way of SW Cascade Boulevard, Easterly
through a 142.00 foot radius non - tangent curve concave to the North an arc distance of 37.79
feet (chord bears South 82 0 33'05" East a distance of 37.68 feet); thence North 89 0 49'26" East,
parallel with the right of way of SW Cascade Boulevard and 5.00 feet distant therefrom, a
distance of 147.04 feet; thence Southeasterly through a 95.00 foot radius curve concave to the
Southwest an arc distance of 113.43 feet (chord bears South 55 0 58'11" East a distance of 106.81
feet); thence parallel and 5.00 feet distant from the Westerly right of way of SW Cascade
Boulevard the following courses and distances: South 21 0 45'47" East, 86.85 feet; and South
19 0 50'52" East, 154.16 feet to a point on the Southerly line of said Parcel I (Fee No. 83048940);
thence South 70 0 53'57" West 441.85 feet to the point of beginning.
First American rtle
Form No. 1402.92 (10117192)
ALTA Owner's Policy
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Order Number: NCS- 40299-
OR2
Page Number: 4
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) which arise by reason of:
General and special taxes and assessments for the fiscal year 2003 -2004, a lien not yet due or
payable.
2. Limited access provisions in favor of the State of Oregon, by and through its State Highway
Commission as contained in Decree of Condemnation entered November 3, 1966 in Suit. 27 735
in the Circuit Court for Washington County, which provides that no right of easement or right of
access to, from or across the State Highway other than expressly therein provided for shall attach
to the abutting property.
3. An easement for Sanitary sewer lines and installations within boundaries of public ways and
incidental purposes, recorded August 7, 1969 in Book 752 of Deeds, Page 690.
In Favor of: Metzger Sanitary District
Affects: Exact location not set forth
4. An easement for Sign and access thereof and incidental purposes, recorded June 12, 1981 as Fee
No. 81020294 of Official Records.
In Favor of: Toys "R" Us, Inc.
Said easement is shown on survey dated March 13, 1999 last revised July 11, 2003 by Terramark
Inc. as job no. 20030446/Site 3.
Covenants, conditions, restrictions and easements in the document recorded June 16,
1981 as Fee No. 81020719 of Official Records, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, national origin, sexual orientation, marital status, ancestry, source of income or
disability.
The rights of the lessees under unrecorded lease dated August 29, 2003, executed by Levitz SL
Portland - Scholls, L.L.C., a Delaware limited liability company as lessor and Levitz Furniture
Corporation, a Florida corporation, Levitz Furniture Company of the Midwest, Inc., a Colorado
corporation and Levitz Furniture Company of Washington, Inc., a Washington corporation as
lessee, as disclosed by a Memorandum of Lease recorded September 11, 2003 as Fee No. 2003-
154031 of Official Records.
NOTE: Said lease does not contain any options to purchase or rights of first refusal in favor the
said lessees.
First American Title
Form No. 1402.92 (10117/92)
ALTA Owner's Policy
Order Number: NCS- 40299-
O R2
Page Number: 5
The lessor's interest under the lease has been assigned to VCI Mesa LLC, a Delaware limited
liability company by assignment recorded September 11, 2003 as Fee No. 2003- 154032 of Official
Records.
The lessor's interest under the lease has been assigned to Krausz Puente LLC, a California limited
liability company by assignment recorded September 11, 2003 as Fee No. 2003 - 154034 of Official
Records.
A document recorded October 20, 2003 as Fee No. 2003- 178739 of Official Records
provides that the above document was subordinated to the document recorded
September 11, 2003 as Fee No. 2003 - 154035 of Official Records.
A deed of trust to secure an original indebtedness of $22,750,000.00 recorded September 11,
2003 as Fee No. 2003- 154035 of Off=icial Records.
Dated: August 29, 2003
Trustor: Krausz Puente LLC, a California limited liability company
Trustee: First American Title Company
Beneficiary: Citicorp USA, Inc., a Delaware corporation
8. A financing statement recorded September 11, 2003 as Fee No. 2003- 154036 of Official Records.
Debtor: Krausz Puente LLC
Secured party: Citicorp USA, Inc.
9. The following matters disclosed by an ALTA /ACSM survey made by Terramark, Inc. on March 13,
1999 and last revised on July 11, 2003, designated Job No. 20030446/Site 3:
(a) 4" drain inlets encroach Westerly into the railroad right of way
(b) light post encroaches 0.20' Westerly into the railroad right of way
(c) Overhead wire for billboard sign encroaches 2.4' Easterly onto the subject property
(d) Light post and wire encroaches 3.2' Northerly into the public right of way
(e) Power pole and wires encroach up to 3.5' Westerly onto the subject property
(f) Overhead Toys R' Us sign lies outside of easement area
First American Title
Form No. 1402.92 (10/17/92)
ALTA Owner's Policy
ENDORSEMENT
Attached to Policy No. NCS- 40299 -0112
Issued By
First American Title Insurance Company
Order Number: NCS- 40299-
O R2
Page Number: 6
The Company hereby insures the insured against loss or damage which the insured shall sustain by
reason of the failure of the land to abut upon a physically open street known as SW Cascade Avenue.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof
and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of
the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date
of the policy and any prior endorsements, nor does it increase the face amount thereof.
CLTA Form 103.7 (Rev. 6- 14 -96)
ALTA or CLTA - Owner or Lender
First American Title
Form No. 1402.92 (10/17/92)
ALTA Owner's Policy
ENDORSEMENT
Attached to Policy No. NCS- 40299 -OR2
Issued By
First American Title Insurance Company
Order Number: NCS- 40299-
0 R2
Page Number: 7
The Company hereby insures the owner of the indebtedness secured by the insured mortgage against
loss or damage which the insured shall sustain by reason of the failure of the improvements on the land
to have a property address of 9770 SW Scholls Ferry Road, Tigard, Oregon at Date of Policy.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof
and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of
the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date
of the policy and any prior endorsements, nor does it increase the face amount thereof.
CLTA Form 116 (Rev. 6- 14 -96)
ALTA -Lender
First American Title
Form No. 1402.92 (10/17/92)
ALTA Owner's Policy
ENDORSEMENT
Attached to Policy No. NCS- 40299 -0112
Issued By
First American Title Insurance Company
Order Number: NGS- 40299-
O R2
Page Number: 8
The Company hereby insures the insured against loss or damage which the insured shall sustain by
reason of the failure of the land to be the same as that delineated on the plat of a survey made
by Terramark, Inc. on March 13, 1999 and last revised on July 11, 2003, designated Job No.
20030446 /Site 3 .
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof
and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of
the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date
of the policy and any prior endorsements, nor does it increase the face amount thereof.
CLTA Form 116.1 (Modified) (Revised 6- 14 -96)
ALTA or CLTA - Owner
First American Title
Form No. 1402.92 (10/17/92)
ALTA Owner's Policy
First American Title Insurance Company
Order Number: NGS- 40299-
O R2
Page Number: 9
CREDITORS RIGHTS EXCLUSION ENDORSEMENT
(Owners Policy)
Attached to and made a part of Policy No. NCS- 40299 -OR2
Exclusion from Coverage No. 4 is hereby deleted.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof
and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of
the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date
of the policy and any prior endorsements, nor does it increase the face amount thereof.
First American Title
Form No. 1402.92 (10/17/92)
ALTA Owner's Policy
ENDORSEMENT
Attached to Policy No. NCS- 40299 -0112
Issued By
First American Title Insurance Company
Order Number: NCS- 40299-
01112
Page Number: 10
Paragraph 13 of the Conditions and Stipulations of the Policy, requiring arbitration, is hereby amended to
read:
DELETED
This endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof
and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of
the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date
of the policy and any prior endorsements, nor does it increase the face amount thereof.
F.A. Form 39 (Revised 3/99)
First American Tit /e
Form No. 1402.92 (10117/92)
ALTA Owner's Policy
Order Number: NCS- 40299-
0112
Page Number; 11
ENDORSEMENT
Attached to Policy No. NCS- 40299 -0112
Issued By
First American Title Insurance Company
1. The Company insures the Insured against loss or damage sustained by reason of any
incorrectness in the assurance that, at Date of Policy:
(a) According to applicable zoning ordinances and amendments thereto, the land is
classified Zone MUC (Mixed Use Commercial).
(b) The following use or uses are allowed under that classification subject to compliance
with any conditions, restrictions, or requirements contained in the zoning ordinances
and amendments thereto, including but not limited to the securing of necessary
consents or authorizations as a prerequisite to the use or uses: See attached
regulations
2. The Company further insures against loss or damage arising from a final decree of a court of
competent jurisdiction
(a) prohibiting the use of the land, with any structure presently located thereon, as
specified in paragraph 1(b); or
(b) requiring the removal or alteration of the structure on the basis that, at Date of
Policy, the ordinances and amendments thereto have been violated with respect to
any of the following matters:
(i) Area, width or depth of the land as a building site for the structure;
(ii) Floor space area of the structure;
(iii) Setback of the structure from the property lines cf the land;
(iv) Height of the structure; or
(v) Parking.
There shall be no liability under this endorsement based on the invalidity of the ordinances and
amendments thereto until after a final decree of a court of competent jurisdiction adjudicating the
invalidity, the effect of which is to prohibit the use or uses.
Loss or damage as to the matters insured against by this endorsement shall not include loss or damage
sustained or incurred by reason of the refusal of any person to purchase, lease or lend money on the
estate or interest covered by this policy.
First American Title
Form No. 1402.92 (10/17192)
ALTA Owner's Policy
Order Number: NCS- 40299-
OR2
Page Number: 12
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof
and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of
the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date
of the policy and any prior endorsements, nor does it increase the face amount thereof.
CLTA Form 123.2
ALTA Form 3.1
(Zoning - completed structure)
First American Title
Form No. 1402.92 (10/17/92)
ALTA Owner's Policy
EXCLUSIONS FROM COVERAGE
Order Number: NCS- 40299-
OR2
Page Number: 13
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1.(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land;
(ii) the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or
(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of
the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded
in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those
who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public
records as defined in this policy or any other records which impart constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in Schedule (A), and improvements affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or referred to in Schedule (A), nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and
from the land is insured by this policy.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument.
(f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions from Coverage, "public records" shall also
include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located.
(g) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in
the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall
have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not
continue in force in favor of any purchaser from the insured of either
(i) an estate or interest in the land, or
(ii) an indebtedness secured by a purchase money mortgage given to an insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing
First American Title
Form No. 1402.92 (10/17/92) Order Number: NCS- 40299-
OR2
ALTA Owner's Policy Page Number: 14
(i) in case of any litigation as set forth in Section 4(a) below,
(ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as
insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or
(iii) if title to the estate or interest, an insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured
all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to
notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then
only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own
cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title
or interest as insured but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy.
The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the
insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any
fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to an insured. The
Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede
liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to
appeal from any adverse judgment or order.
(c)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to
use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give
the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the
title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's
obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such cooperation.
S. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the
facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter
insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount
of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or contin ue any
litigation, wi th regard to the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representat ive of the Company
and shall produce for examination, inspectionand copying, at such reasonable times and places as may be designated by any authorized representative
of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks,
correspondence and memoranda in the custody or contro I of a third party, which reasonably pertain to the loss or damage. All information designated
as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath ,
produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this
paragraph shall terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay,
Upon the exercise by the Company of this option, all liability and obligations to insured under this policy, other than to make the payment required,
shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company
for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which were autho rized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to
pay.
Upon the exercise by the Company of either of the options provided for in paragraphs (b) (i) or (ii), the Company's obligations to the insured under this
policy for the daimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend,
prosecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of:
First American Title
Form No. 1402.92 (10/17/92)
ALTA Owner's Policy
Order Number: NCS- 40299-
OR2
Page Number: 15
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which
increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is
subject to the following:
(i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the
amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent
improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of
Insurance stated in Sch edule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only
apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule (A)(C) consists of two or more parcels which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land,
or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused
thereby.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as
insured.
(c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter
executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which
case proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settied and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all
rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the
Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies
in the proportion which the Company s payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the
impairment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for
subrogation rights by reason of this policy.
14. ARBITRATION.
FirstAmerican Title
Form No. 1402.92 (10/17192)
ALTA Owner's Policy
Order Number: NCS- 40299-
O R2
Page Number: 16
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other
obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the
insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company
and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the
insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in
which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Tide Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the
Company. In interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered
hereby or by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at 1 First American Way, Santa Ana, California 92707, or to the office which issued this policy.
First American Title
i
Hap Watkins
From: Baptista, Jay [Jay.Baptista @stantec.com]
Sent: Wednesday, May 19, 2010 4:52 PM
To: Hap Watkins
Cc: Baptista, Jay; Williams, Michael
Subject: RE: Ultimate Electronics
Hap — Please find our responses below.
B. Evaluation criteria. The Director shall determine that a major modification(s) will result if one or
more of the following changes are proposed. There will be:
1. An increase in dwelling unit density, or lot coverage for residential development;
A. N/A
2. A change in the ratio or number of different types of dwelling units;
A. N/A
3. A change that requires additional on -site parking in accordance with Chapter 18.765;
A. The building alterations will not require additional on -site parking.
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code;
A. No change is use is proposed. Both the existing building use as well as the proposed use is retail /commercial.
5. An increase in the height of the building(s) by more than 20 %;
A. The proposed increases in the existing building height are within the 20% threshold. The existing building
height is about 24 feet above finish floor. While the maximum height at the entry elements on the North and East
sides of the building is 31 feet, they are only a 35 foot horizontal dimension. The existing north side linear
dimension is 221 feet, while the existing east side dimension is 181 feet in length.
6. A change in the type and location of access ways and parking areas where off -site traffic would be affected;
A. No change is proposed for the existing access ways to the parking areas.
7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day;
A. No change is proposed for the existing access ways to the parking areas.
8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000
square feet;
A. The increase in floor area is limited to 162 SF; well within the 10% limit.
9. A reduction in the area reserved for common open space and /or usable open space which reduces the open space area
below the minimum required by this code or reduces the open space area by more than 10 %;
A. No reduction in common or usable open space is proposed.
10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in
the site plan:
A. No reduction in project amenities are proposed with this project.
a. Recreational facilities;
b. Screening; and/or
A. Landscape screening is proposed on the north side of the building, surrounding the existing transformer.
c. Landscaping provisions.
A. Refreshing the landscaping along the north and east sides of the building is proposed .
11. A modification to the conditions imposed at the time of site development review approval which are not the subject of
Subsections B.1 through 10 above of this section.
A. No modifications to previous Site Development Review conditions are proposed.
18.360.060 Minor Modification(s) to Approved Plans or Existing Development
A. Minor modification defined. Any modification which is not within the description of a major
modification as provided in Section 18.360.050 shall be considered a minor modification.
Thank you again for reaching out to obtain this information. Please let us know if you have any questions, or if additional
clarification is required.
Regards,
l
Jay Baptista, Architect
Principal
Stantec Architecture Inc.
1137 North McDowell Boulevard
Petaluma CA 94954
Ph: (707) 658 -4705
Fx: (707) 765 -9908
Cell: (707) 975 -2522
jay.baptista@stantec.com
stantec.com
The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any
purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and notify us
immediately.
Please consider the environment before printing this email.
From: Hap Watkins [mailto:HAP @tigard- or.gov]
Sent: Wednesday, May 19, 2010 4:09 PM
To: Baptista, Jay
Subject: Ultimate Electronics
Jay,
I need responses to specific criteria to work up the land use decision for Ultimate Electronics. They are 1 -11 in B below.
A. Determination request. An applicant may request approval of a modification to an approved plan or
existing development by:
1. Providing the Director with three copies of the proposed modified site development plan; and
2. A narrative which indicates the rationale for the proposed modification addressing the changes
listed in Subsection B below.
B. Evaluation criteria. The Director shall determine that a major modification(s) will result if one or
more of the following changes are proposed. There will be:
1. An increase in dwelling unit density, or lot coverage for residential development;
2. A change in the ratio or number of different types of dwelling units;
3. A change that requires additional on -site parking in accordance with Chapter 18.765;
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code;
5. An increase in the height of the building(s) by more than 20 %;
6. A change in the type and location of access ways and parking areas where off -site traffic would be affected;
7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day;
8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000
square feet;
9. A reduction in the area reserved for common open space and /or usable open space which reduces the open space area
below the minimum required by this code or reduces the open space area by more than 10 %;
10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in
the site plan:
a. Recreational facilities;
b. Screening; and/or
c. Landscaping provisions.
11. A modification to the conditions imposed at the time of site development review approval which are not the subject of
Subsections B.1 through 10 above of this section.
18.360.060 Minor Modification(s) to Approved Plans or Existing Development
A. Minor modification defined. Any modification which is not within the description of a major
modification as provided in Section 18.360.050 shall be considered a minor modification.
eti
I will put your application in the queue today and will begin the decision work up when the responses come in.
thanx ... hap
DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail
may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained
by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule."
Hap Watkins
From: Hap Watkins
Sent: Friday, April 16, 2010 10:29 AM
To: 'Williams, Michael'
Subject: RE: Ultimate Electronics - latest facade design
The conceptual plans for the exterior of the building seem to be deteriorating more as time passes and different "looks"
come into play. I must return to my original e-mail of 1/8/10 regarding the glazing and reiterate the need to not make
the building more non - conforming than it stands now. That includes the glazing on the east wall. Your latest color
elevation is totally without glazing on that wall. That makes the building more non - conforming. As a result the building
would lose its non - conforming status and not be addressable under a minor modification. The City is not asking that you
come into compliance with all the development standards in the MUC zone (18.630), rather, we ask that your design
preserves those aspects of design standards that will be affected by your renovation; Glazing that allows view into the
building is not reduced on any wall, architectural features to soften the flat plane of the walls, and some
trees /landscaping in the acceptable areas around the building itself. I believe that this is appropriate and a workable
guide for minor modification review.
The in -fill of the northeast corner constitutes additional floor space, and the project must, therefore, comply with
18.630.030.A.1 to the greatest extent possible.
18.630.030 Pre - Existing Uses and Developments within the Washington Square Regional
Center Mixed Use Districts
A. Applicability. Pre - existing housing units in mixed use districts are permitted. Conversion of preexisting
housing units to other uses is subject to the requirements of this Chapter. Notwithstanding the
provisions of Section 18.760.040, uses prohibited and structures that would be nonconforming in any
of the Regional Center Mixed Use zoning districts that were lawfully in existence at the time of
adoption of the Regional Center Mixed Use districts are considered to be approved uses and
structures. However, future additions, expansions, or enlargements to such uses or structures, shall be
limited to the property area and use lawfully in existence at the time of adoption of this ordinance,
February 22, 2002.
1. An addition, expansion, or enlargement of such lawfully preexisting uses and structures up to
twenty (20 %) of the gross floor area lawfully in existence at the time of adoption of this
ordinance will be allowed provided the applicant of such proposed addition, expansion or
enlargement demonstrates substantial compliance with all appropriate development standards in
this code, or that the applicant demonstrates that the purposes of applicable development
standards are addressed to the extent that the proposed addition, expansion or enlargement allows.
From: Williams, Michael [mailto:Michael.Williams @stantec.com]
Sent: Tuesday, April 13, 2010 1:27 PM
To: Hap Watkins
Subject: Ultimate Electronics - latest facade design
Hi Hap,
Please find the attached revised color elevation for the Ultimate Electronics in Tigard. The total clear glazing into the
building for the project is 595 square feet and the existing is 580. The glazing has been focused around the main entry off
Scholl's Ferry and has been removed on Cascade. Please let me know what you think or call me if you want to discuss.
THX
Michael Williams, AIA, NCARB, LEED AP
Senior Project Manager
Stantec Architecture
Ph: (707) 765 -1660 Ext. 729
Fx: (707) 765 -9908
Cell: (510) 418 -0037
michael. will iams(a)-stantec.com
stantec.com
The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used
for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies
and notify us immediately.
Please consider the environment before printing this email.
«Tigard_2010.03.25. pdf>>
DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail
may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained
by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule."
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Bike Racksl Wave Bike Racks17 -Bike Wave Bike Rack - In- ground Mount Page 1 of 3
You are at www.theparkcata log. corn
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Made of 1.66" 12 -Gauge tubular steel. Accommodates
Durable, with locking versatility (standard cable lock or I
Finished in double -coat polyester TGIC coating.
Item #: 116 -1003
Click here for our Free Catalog
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Home-> Bike Racks- Wave Bike Racks -► 7 -Bike Wave Racks
7 -Bike Wave Bike Rack with In- Ground
Simple yet graceful, the free - flowing and sturdy design
rack will enhance any architectural setting. Without shat
safe for children. It offers rugged utility at a price that is
the market.
Image Disclaimer.
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matches product description.
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4 0 1 2010
CITY O TIGAFiD
�'L�NPlIf�; INEERINC_
Weight: 45.00 LB
Dimensions: 52 "L X 2 "W X 36 "H
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http:// www. theparkcatalog .com/Customkititems.asp ?kc= 116 %2D 1003
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Click for larger picture
Below Grade Mount
Flar
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0-� Mounting Your Parking System
Below Grade Mount
• Determine desired location and dig mounting holes 17" below grade.
• Fill hole 1/3 full with gravel.
• Lower unit into holes and fill remainder of hole with cement.
• Support unit with spacers, such as cinder blocks, until cement sets.
Flange Mount
BIKE DOCK
B. Flange Mount (Note: It's recommended that concrete cure for 28 days prior to mounting.)
Temporary Mount (Item #116 -1050 - Sold Seperately)
• Determine desired location of unit (mark hole locations using flange as a guide).
• Using a 1 /2" masonry drill bit, drill holes in cement 2" deep.
• Insert anchor sheilds into holes and tap in place with a hammer.
• Align holes in flange with anchors and secure with a 5/16 " -18 x 2" lag bolts.
2. Permanent Mount (Item #116 -1045 - Sold Seperately)
• Determine desired location of unit.
• Using a 3/8" masonry drill bit, drill through the flange mount and into the concrete 3-1/4".
• Blow the hole clean of dust and other material.
• Drive spike through flange mount and into hole, until head of spike is seated on
the flange mount.
Below Grade Illustration
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Flange Mount Illustration
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Bikes can be parked as illustrated.
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• On each end.
Parking Bicycles
Bikes can be parked as illustrated, on both sides of
the unit.
WARNING:
Manufacturer and seller expressly disclaim any and all liability for personal injury, property damage or loss, whether direct, indirect, or incidental, resulting from the incorrect
attachment or inappropriate placement, improper use, inadequate maintenance, or neglect of this product. Placement of this product is beyond control ofthe manufacturer. It is the end
users responabilityto place this product so as to avoid potential pedestrian or playground accidents.
WARRANTY:
We warrant this product to the first consumer to be free from defect in material and workmanship for a period of one year from date of purchase. Please retain your sales slip for your
records. Any product or part thereof found to be defective within that period will be replaced without charge provided that: (1) the product was not misused; (2) no alterations or
modifications were made; (3) its failure resulted from a defect in material or workmanship and not from normal wear expected in the use of the product; (4) the product or part is
delivered, freight prepaid, to Highland Products. Manufacturer's only obligation shall be to replace such products or parts proved to be defective.
3350 NW BOCA RATON BLVD., SUITE B2 • BOCA RATON, FL • 33431
PHONE: 561.620.7878• FAX: 561.620.8668
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