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MMD2010-00009AFFIDAVIT OF MAILING , I, Patricia L. Lunsford, being first dulyswom/affirni, 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: (0-1, Appr Vti- B..(,) M—) FX NOTICE OF DECISION FOR MMD2010- 00009 /PACIFIC PLAZA PARKING LOT (File No. /Nance Reference) ❑ AMENDEDNOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit " X, 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 May 17, 2010, and deposited in the United States Mail on May 17, 2010 postage prepaid. l that reoa STATE OF OREGON County of Washington ss. City of Tigard f `� Subscribed and sworn/affirmed before me on the day of Nqtq ) 2010. OFFICIAL SEAL. SHIRLEY L TREAT NOTARY PUBLIC - OREGON COMMISSION NO. 416M MY COMMISSION EXPIRES APRIL 25,201 " J J`taq NOTARY PUBLIC OF OREGO My Commission Expires: `0as�� D(HIBIT_A NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2010 -00009 PACIFIC PLAZA PARKING LOT 120 DAYS = 9 -14 -2010 SECTION I. APPLICATION SUMMARY FILE NAME: PACIFIC PLAZA PARKING LOT CASE NO.: Minor Modification (MMD) MMD2010 -00009 PROPOSAL: The applicant proposes changes to the parking lot due to re- development of Pacific Highway and the loss of an access way. The refuse /recyclables enclosure must be relocated from the new right of way and parking spaces adjusted in resppo�n in se to the highway work. Landscaping will be stalled to screen the parking lot from the highway. A barrier free parking space will be added. Three bicycle spaces will be added. APPLICANT: in Waddle OWNER: Alprop, LLC 'PO Box 10183 6149 SW Shattuck Rd. Portland, OR 97231 Portland, OR 97221 LOCATION: 11940 SW Pacific Highway; WCTM 2S 102AA, Tax Lot 00600. ZONING DESIGNATION: MU CBD: Mixed Use - Central Business District. The MU CBD zoning district is designed to provide a pedestrian friendly urban village ii Downtown Tigard. A wide variety of commercial, civic, employment, nixed - use, multi - family and attached single family residences are permitted. New development and redevelopment are required to conform to the standards of Chapter 18.610. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360,18.390,18.520 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is base are noted in Section IV. MD2010 -00009 Pacific Plaza Parking Lot 051710 Page 1 of 4 CONDITION OF APPROVAL PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITION SHALL BE SATISFIED 1. The applicant shall call for final inspection by the Planning Division prior to final building inspection. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFE CTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 11940 SW Pacific Highway. The property is subject to dedication of additional right -of -way and closure of an access way as part of the re- development of Pacific Highway. The existing refuse / recyclables enclosure has to be relocated as well as some parking spaces. One section of parking will be re- configured to provide turning radius for the shared driveway on the adjacent parcel. Proposal Description: The applicant proposes changes to the parking lot due to re- development of Pacific 4ghwy and the loss o} an access way. The re use /recyclables enclosure is to be relocated from the new right o way and parking spaces adjusted in response to the highway work. Landscaping in compliance with the L -1 standard will be installed to screen the parking lot from the highway. A barrier free parking space will be added. Three bicycle spaces will be added. 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 or 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. NO2010 -00009 Pacific Plaza Parking Lot 051710 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. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20 %; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off -site traffic would be affected; The proposal is in response to the closure of an access way to accommodate the re- development of Pacific highway. The access will be a shared access on the adjacent parcel. The plans have been approved by ODOT, Washington County, and the City of Tigard. Therefore, this criterion is satisfied. 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 no increase in floor area. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common space and /or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 %; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: a. Recreational facilities; b. Screening; and /or c. Landscaping provisions. The proposal increases screening of the parking lot and brings the landscaping up to the 10% minimum. 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 are 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 B 1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. MD2010 -00009 Pacific Plaza Parking Lot 051710 Page 3 of 4 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: • The applicant and owners • Affected government agencies Final Decision A Minor Modification is a Tyyppe I procedure. As such, the Director's decision is final on the date it is mailed or otherwise prow ye 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 MAY 17, 2010 AND BECOMES EFFECTIVE ON MAY 18, 2010. Questions: If you have any questions, please contact the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Awdkz May 17, 2010 APPROVED BY: el "Ha " Watkins DATE Assistant Planner 503 - 718 -2440 ha ggard -ongov NM2010 -00009 Pacific Plaza Parking Lot 051710 Page 4 of 4 VICINITY MAP MMD2010 -00009 PACIFIC PLAZA PARKING LOT Subject Site L Information on this map is for general location only and should be verified with the Development Services Division. Scale 1:4,000 - 1 in = 333 ft Map printed at 11:49 AM on 1 /- May -10 DATA IS DERIVED FROM MULTIPLE SOURCES. THE CRY OFTIQARD MAKES NO WARRANTY. REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO LIABILRY FOR ANY ERRORS. OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSEO, Gny of I igard ?I GqR Mgps 13125 SW Hall gard, OR 97813d 503 639 -4171 www.tigardor.gov SITE DATA: - Y{IW YD tY IA lelp Y MEM ERA ARW R,�e„ V1WYi P P- / \ L 0 \ \ �.nr w Nowt 'CITY 0,6TIG�RD Approved ------ �------------ --\........... t ) OondMonally Approved .......... . . ..... t ) For only thework as described in Pr RMIT NO. U J 0_ 4L E PLAhI TRASH ENCLO n, a ERNE s��M= ro :a°N —L w'�n+eieei nw ee�Rac ° ° I�'mi° °1 urir� ° s °O *° ° © .� °l�.E! �NreRLl..LRL..LND.eN O TErol�WOLR.DE.aNO �aE T ca NCl s ?e xae.1 ee�R�e TRASH ENCLOSURE PLAN SECTION 2 M1N.I -•t a ElLTIpW -.11-l' i i c. e; �s a _o} Q Q m U_7 E E E E 2,j O � r Z L df ku w �a Q Z W N A0.1 .;ob Ad 8, : Date: SITE PLAN KEY HGTES. ® .eW Ewly.�= Rar�.e .,. -- I eOi E %IeTwL. e°dwuc 10 Rln.IN bO3 LE NFW ExPDlEL Y(AS.niE ­ T ­ RCSt Ex >rE—°o NA NEW Llrt ® A. BEHOVE EC6nrG "EZ reRReN � ® .e��.. °n!E 1. nwore FaNc wiN.LLEEe��! �L� I a� Lci+.��bC! REn�.E. :v„�R,��LLNLREre�„o On W AL � y i�ialC� NEW °EU tR.eN ENC�Oaul2. 2 duer2linE ° A-� rea: L lI,R..Lei���.Rx,WRC T °n.iLH ® ptaE 6 ExIeTWp POai . �IWi RxiuREa. I __ ®COO10 EB. Cube ,,AM OW *IeKibN.wvp WOER cgw %.,�lnlN. LLNTR.LT lift wTH Ex +®vi 6 HEW I icHFD OR REPaIRE° � agEge t0 �LFIK MuRV 0E4 PMOR POP W .tRIPWi. CffOIff A EEDWE ena ` O ra i Lpm .CE EaE IN°IC.re°. xIei.G �uro F a.E wuER ® —4. EE ° L-IE�. mol�L os I ® e lcG.*! Etna +nn uEaNNt LE OIReLie° %D i K c�'� e�om�eN� tEKM M0 e0. �.OITi IN I TE.R I �eR .I¢.a NO npEe Rea aO. LANDSCAPE LEGEND: NE,w tt�E aWtR AiNlOKlrtl �� ALL —1. ca NCl s ?e xae.1 ee�R�e TRASH ENCLOSURE PLAN SECTION 2 M1N.I -•t a ElLTIpW -.11-l' i i c. e; �s a _o} Q Q m U_7 E E E E 2,j O � r Z L df ku w �a Q Z W N A0.1 .;ob Ad 8, : Date: Jun Waddle PO Box 10183 Portland, OR 97231 Alprop., LLC 6149 p W Shattuck Rd. Portland, OR 97221 MMD2010- 00009 PACIFIC PLAZA PARKING LOT EXHIBIT.. 2S102AA00600 ALPROP LLC 6149 SW SHATTUCK RD PORTLAND, OR 97221 RECEIVED MAY 0 7 2010 �� " City of Tigard CITY OF i IGARD F'I *; �__ERIRG �a X73 Minor Modification — Type I Application GENERAL INFORMATION Property Address /Location(s): U9 4 0 St..3 6 ST"c Tax -Map & Tax Lot #(s): a'1'S1 a� P IA-00&M Site Size: Applicant *: Address: City/State: Primary Contact: In addition, the Director must find that the proposed 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 discussion indicating how the site expansion /change will continue to comply with the maximum setback, building height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste storage, non - conforming situations, signs, and tree removal may also be applicable depending on the type and location of the proposed modifications. E -Mail: U Property Owner /Deed Holder(s) *: (Attach list if more than one) (A 1 9QP IA 9( Address: f®! N'q t) �_ . 5 k n� kAg—k hone: J _503­ 1 4 1. City/State: 904k&ssn fG (L. Zip: 1 9 t * 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 owner(s) must sign this application in the space provided on the back of this form 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 18.360.050(B) — Site Development Review or Section 18.330.020(B)(2) — Conditional Use. If the modification exceeds the maximurn 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. Applicant's Statement: The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or 18.330.020(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 (Applications will not be accepted without the W6. following required submittal elements) [[� ] Form L Owner's Signature /Written Authorization Title Transfer Instrument or Deed Site Plan (4 Large Plans & One — Reduced to V/2" x 11 ") Ltn Applicant's Statement /Narrative (4 copies) [�]' Filing Fee $579.00 FOR / STAFF ULE —O Case No.(s): A 04 0 �D 10 — O r u ro Other Case N Receipt No.: Date S 7 � ) D / Application Accepted By: 4,. 0 ` Date Determined Complete: Revised: 16 -(kt -W c \etupin \=stM \Lind ine applications \minor modification app.docx City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 1 www.tigard- or.gov I Page I of 2 To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement 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 p * 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 site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of (\ jeA�,) 1 20 Owner's Signature C A4Z( �.acZ ry j Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.tigard- or.gov I Page 2 0 2 CITY OF TIGARD 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 RECEIPT Receipt Number: 177859 - 05/07/2010 CASE NO. FEE DESCRIPTION MMD2010 -00009 Minor Modification to an Approved Plan MMD2010 -00009 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 4006 STREAT 05/0712010 $579.00 Payor: Waddle Design Planning Architecture T otal Pay $579.00 Balance Due: $0.00 Page 1 of 1 Minor Modifications Narrative Parking Plan, Trash Enclosure & Sign Relocation for Pacific Plaza 5/5/2010 Zoning The current City of Tigard Zoning designation is MU -CBD, a modification of the previous zoning of CBD. The previous zoning designation of CBD was used in developing this design since the language of the new zoning was not available at the time the design was done. The Pacific Plaza property shares parking with the Kaufman Flyfishing Shop property. Because of the arbitrary location of the property line common to both properties and a shared parking agreement between them, they should not be separated in evaluating the actual parking impacts. For this reason, parking summaries are combined for the two properties. Necessity This request is the result of the proposed road construction at Hwy. 99W by Washington County. The Owners of these properties would not propose any modifications to their properties were it not an issue forced by the loss of property and site access along their frontage to Hwy. 99W. This request addresses those site improvements necessary to accommodate the lost frontage and access and is intended to meet current codes. Existing Site Amenities Affected Site Access: The two primary access points to these two properties currently provide an aggregate width of about 70 feet, but will be eliminated by the new road construction. The design proposes as wide a single access as possible in the location dictated by the new road construction and is intended to minimize loss of important parking spaces as well as existing landscaping. The 40 foot wide access that previously served the Pacific Plaza property directly will be eliminated, and Pacific Plaza access from Hwy 99W will be limited to the new driveway adjacent to Kaufman Flyfishing. Washington County and the City of Tigard have given preliminary approval of the proposed new access driveway location and size. Trash Enclosure: The existing trash enclosure located north of the Pacific Plaza Building will be lost to the new road right -of -way construction and requires replacement. The local trash disposal company requires a 20 foot wide by 10 foot deep enclosure, and a 75 foot clear access to the front of the enclosure. It is necessary to locate the enclosure on Pacific Plaza property and the choices are limited to only one, as a practical matter. This location eliminates 3 existing parking spaces, and, due to the local trash disposal company's requirements that the access to the enclosure extend 75 feet in front of the enclosure, the only option is to provide the access across 3 more parking spaces on the adjacent parcel. The local trash disposal company's requirements have been met with the proposed design and they have approved the proposed location and construction details. Landscaping: Some land and existing "landscaping" along the Hwy 99W frontage will be lost to the new road right -of -way construction. Because the majority of the parking lot is being re- striped to allow for the modification of access and circulation that is necessary, the proposed new landscaping is concentrated along the new frontage and will provide for screening of automobiles and new plant materials where none exist now. One landscape island was lost in front of the Pacific Plaza building in order to provide an additional accessible parking space, and to upgrade the existing space to conform to current standards. Although the new landscape screening required at the parking frontage will further limit visibility to the shops in this project, the overall landscape area and volume of plant material on this property will be increased over what exists today. Parking Spaces: The loss of frontage depth at both of these properties creat4es a significant impact on the number of existing off - street parking spaces. The proposed striping plan takes advantage of a more efficient layout, brings all parking spaces into compliance with current standards, and maximizes the number of full sized parking spaces by utilizing 26' wide access aisles. Some of the existing parking spaces qualify as compact spaces and are unchanged from existing. There were no previous bicycle parking spaces on either property. 3 bicycle spaces have been provided at each property. There was only one accessible space at the Pacific Plaza property, which was of questionable compliance. The new design proposes two compliant spaces. Signage: An existing pole sign that meets the current sign standards is located on Hall Boulevard and serves the 7 -11 store. This sign will have to be moved back from it's current position in the new ROW of Hall Blvd. to a new location on the Pacific Plaza property. This relocation is part of this request for a minor modification. Signage: An existing ground mounted sign for this property is located adjacent to the present Hwy 99W frontage and enjoys good visibility from both directions. This monument sign at Hwy 99W frontage is the primary identification sign for this property, and is adjacent to the primary traffic lane. This sign or a new one will have to move back about 18 feet from the existing location to continue to provide the identity along Hwy 99W for this property. The visibility to this new sign location is substantially affected by proposed new street trees, a bus shelter and the reality of busses parked between the sign and the primary traffic lanes of Hwy 99W. It will be further screened by the neighboring building when moved back from the highway frontage. The primary storefronts of the Pacific Plaza property are West - facing, and will be effectively screened from view by proposed new street trees, busses and bus shelter. Apparently this sign requires an adjustment to the sign code for both a proposed new conforming height and area, as well as to have any location on the Hwy 99W frontage. The request for these adjustments will be submitted as a Type II procedure in the near future. Summary The majority of the impacts to the Pacific Plaza site resulting from the proposed Highway 99W ROW construction are resolved by the proposed parking lot modifications, the addition of a new trash enclosure and the relocation of the 7 -11 pole sign on Hall Blvd. The proposed parking space striping plan provides for a total of 90 automobile spaces, 4 of which are accessible and 10 of which are compact. 3 bicycle spaces have been provided for this property, and the number of accessible spaces doubled at the front of the primary structure. The "landscape" area that exists north of the building today is actually soil blocks to provide a truck access surface to the existing trash enclosure. The proposed new landscape new, screening and plantings will result in an overall increase of landscape amenities on this site. The proposed trash enclosure is required to replace the existing one to be demolished, and meets the trash disposal company's criteria. Their approval letter is submitted with these documents. 4 The loss of visibility to necessary signage for this commercial retail property is the most significant affect of the Hwy. 99W construction. The request for adjustments to the sign code for a new conforming pole sign at the Hwy 99W frontage to serve the Pacific Plaza tenants will be submitted as a Type II procedure in the near future. The Director is requested to give reasonable and justifiable consideration to the Owner's request to re- establish his tenant's commercial identities along the Hwy 99W frontage through this new signage that will help to compensate for the significant loss of visibility being caused by the new Hwy 99W project. Respectfully submitted. ►� Ile, Architect EXHIBIT "A LEGAL DESCRIPTION A tract of land in the Northeast quarter of the Northeast quarter of Section 2, 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: Beginning at the intersection of the South line of Pacific Highway West as it now exists, with the East line of Lot 12, TIGARD HIGHWAY TRACTS, in the County of Washington and State of Oregon; thence South along the East line of said Lot 12 to the Northwest corner of a tract of land conveyed to William McCall, recorded July 3, 1973 in Book 933, page 428, Washington County Records; thence East along the North line of said McCall Tract to the Northwest corner of a tract dedicated to the public, recorded October 13, 1978 in Fee No. 78045493; thence South along the West line of said public tract 79.9 feet, more or less, to the most Southerly North line of a tract of land leased to Sambo's Restaurant, Inc., recorded October 17, 1974 in Book 997, page 74, Washington County Records; thence West along said Sambo's Tract to the West line of above mentioned McCalls Tract; thence Southwesterly along said Sambo's Tract to the most Westerly East line of Sambo's Tract lying within Lot I IJIGARD HIGHWAY TRACTS; thence North 17 °34' West along said most Westerly East line of Sambo's Tract 142 feet, more or less, to a point 50 feet South of the existing Southeasterly line of Pacific Highway 99 West; thence North 60 °40' West 65.34 feet to a point which is on the Southeasterly line of Pacific Highway 99 West, as it now exists; thence North 63 °24' East along the Southeasterly line of Pacific Highway 99 West 200 feet, more or less, to the point of beginning. e09 NO PART OF ANY STEVENS -NESS FORM MAY BE REPRODUCE Washington County Oregon 12J1712009 09:26:19 AM 2009- 108733 0 -068 Cttt-1 Stn-29 RECORDa1 M IM C9 --------------- -------- -------------- - - - - -- $10.00 $5.00 $11,00 $15.00 - Total = $41.00 6149 SW Shattuck Portland, OR ------------------------------ - - -- I I 111111111111 1111111 Grantees tal e nd Address - AIPMP L" C— -------------- ------ -------- - - ---- 01436656200901087330020027 I, Richard Hobemlcht, Dlnlctorof Aueument antl Ta=atlon and E:-0RICIo County CUrk for yyeshlnpton Pr otland O , O& MI _- - - - - ----------------- count OrePpq do n.n ce tlry ma m. M+t do book — ____ Gtamaa's Name and Address Msbvmenl a.., wu naives and h 'Whir In the i SPACE RESERVED b drecores o f ssld soupy.. .' After recording, velum to (Hams, Adtlress. Zip): FOR s(aj;�LuX �p(y,�, • � -�., �:: __ RECORDER'S USE Richard Hebemlcht, D1 orof AUn-m.nt sntl A1pS�(2.1iC_L_Attn iohnPedersoa____— _________ Ta.alan,E.alncloCoutayClerk -149 W- ShWullcRoad----------- - - - - Portland, OR ----------------------------------- Until requested ouwar. amid as tax statwllsr is to (N ma, Address, nP): -------- N TnLE -------------------__------------ 619251 aMXjLRo ad --------------------- -------- - - - - -, Depu _P4X.fl=d.0827221----------------------------------- BARGAIN AND SALE DEED KNOW ALL BY THESE PRESENTS that __AlRrop Co____ - - - -__ .__________________—_____—_---------------------- -------------------------------------------------------------------------------------------------------------- hereinafter called grantor, for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto _ _____— ------- A�roPxLLC --------------------------------------------------------------------------------------------------- hereinafter called grantee, and unto grantee's heirs, successors and assigns, all of that certain real property, with the tenements, hered- itaments and appurtenances thereunto belonging or in any way appertaining, situated in WMh'n --- — -------- ______— County, State of Oregon, described as follows, to -wit: See Exhibit "A" attached hereto. (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE) To Have and to Hold the same unto grantee and grantee's heirs, successors and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, is S_1,99 ___________ - -_ —, ® However, the actual consideration consists of or includes other property or value given or promised which is O part of the )q the whole (indicate which) consideration.® (The sentence between the symbols m, if not applicable, should be delcmd. Ste ORS 93.030.) In construing this deed, where the context so requires, the singular includes the plural, and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. IN WITNESS WHEREOF, the grantor has executed this instrument on October 1_2009__ _____ - - _ _ __— _____ - - -_ —; if grantor is a corporation, it has caused its name to be signed and its seal, if any, affixed by an officer or other person duly authorized to do so by order of its board of directors. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING P.Aetx c �� FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS A9 AA)p 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, - OREGON LAWS 2DO7. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON --------- - ------ - - - - -- -- - - - - -- ------------------- ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS _ _______________ __ ----------- — ----- — ----- ---------------- 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER DRS 195.300,195301 AND 195305 70195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. STATE OF OREGON, County of ------- ss. Thi instrument was acknowledged before me on — --------- ----- ___ ----- -------- - - - - -, by------------------ --- ----- ------- -------- - - - - -- -------------------------------- This instrument was acknowledged before me on -- - ----- Ge� csv�x?g—=--------------- - - - - -- as -- ---- r��1r3<---- -- - - -- -------------------------------------------- t - - - -- -------------------------- - - - - -- U - - - - - -- ----------- - - - - -- ------ - - - - -- - - - - -- vrr t �t l�lnn Rl No - OREGON M mmi blic - for Oregon JOHN L PEDERSEN P leis: NOTARY PU13UC SSion ez ]res _— __�---- - - - - -- --------------- - -- COMMISSION NO 399845 MY COMA 1: E 1, S MBER 2008 PUSUSNER'S NOTE: h u IrI9 tMS torn to C0nV" real Property sub)sct to ORS 92.OZr, Ineluda the ragWned rd«snea. P*R*I*D*E DISPOSAL COMPANY P.O. Box 820 Sherwood, OR 97140 Phone: (503) 625 -6177 Fax: (503) 625 -6179 April 12, 2010 James H. Waddle, Architect PO Box 10183 Portland, OR 97296 RE: New Enclosure located at 11940 SW Pacific Hwy, Tigard OR. We have reviewed the site plans for the new enclosure at the location listed above. The site plan shows an enclosure facing the Southwest end of the property which will have the gates opening the West side. This location will allow our drivers to get straight on access, which is necessary for us to be able to access the containers. On the site plans it shows that there are parking spaces in front of the enclosure they will need to be clear when we access the enclosure. Currently they are on a night route for service. It appears that the enclosure will be able to have two front load containers; one for garbage and one for co- mingle recycling. The enclosure must be at least 10' deep by 20' wide. There should be no center post at access point. The gate opening must be no less than 20' wide. There must be full swing gates that open at least 120 degrees. The gate placement must be in front of, not inside the walls to allow for the fu1120' required. The gate also needs cane bolts and holes put in place so the gates can be held in the open and closed position. If you choose to have an overhead, we require at least 25'of overhead clearance. Feel free to contact me with any questions you might have. Sincerely, Kelsey Williams Pride Disposal Company 503.625.6177 *105 Kelseyw&pridedisposal.com