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MMD2011-00001AFFIDAVIT OF MAILING I, Patricia L. Lunsford, being first duly sworn/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: 10—k App.4 —w B..(s) Bdo.) ❑x NOTICE OF DECISION FOR: MMD201 1 -00001 /PACTRUST SMOKING SHELTER (Fie No. /Narne Refuence) AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A ", 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 January 25, 2011. and depq.�ited in the United States Mail on January 25, 2011 postage prepaid. re that STATE OF OREGON County of Washington ss. City of Tigard ti Subscribed and sworn/affirmed before me on the day of APqz Cid , 2011. OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC - OREGON COMMISSION NO. 416M MY COMMISSION EXPIRES APRIL 25, 2011 ,&a& /- W u"j NOTARY PUKIC OF OREGON My Commission Expires: `f 1>5 11 NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2011 -00001 PACTRUST SMOKING SHELTER 120 DAYS = 05 -24 -2011 SECTION I. APPLICATION SUMMARY FILE NAME: PACTRUST SMOKING SHELTER CASE NO.: Minor Modification (MMD) MMD2011 -00001 PROPOSAL: The proposed project is for the construction of a new 8x5 ft. smoking shelter area to serve the existing office building located at 6650 SW Redwood Lane. Recent changes in the law require this function to move away from the main building entrances. The new smoking area will be on the south side of the building away from the main entrances to meet current regulatory requirements. APPLICANT AND OWNER: Pacific Realty Associates, LP 15350 SW Sequoia Pkwy., #300 Tigard, OR 97224 LOCATIONS: 6650 SW Redwood Lane, WCTM 2S112DA, Tax Lot 01400. ZONING DESIGNATION: I -P: Industrial Park District. The I -P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus -like setting. Only those light industrial uses with no off -site impacts, e.g., noise, glare, odor, vibration, are pe r mitted in the I -P zone. In addition to mandatory site development review, esign and development standards in the I -P zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian - friendly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. MMD2011 -00001 PacTrust Smoking Shelter Page 1 SECTION III. BACKGRO INF ORMATIO N Site Information: The subject parcel is located at 6650 SW Redwood Lane, WCTM 2S112DA, Tax Lot 01400. The existing office building is east of Sequoia Parkway at the end of Redwood Lane. The smoking shelter will be in the parking lot which serves both 6650 Redwood Lane and 15350 SW Sequoia Parkway. Proposal Description: The proposed project is for the construction of a new 8x5 ft. smoking shelter area to serve the existing office building located at 6650 SW Redwood Lane. Recent changes in the law require this function to move away from the main building entrances. The new smoking area will be on the south side of the building away from the main entrances to meet current regulatory requirements. SECTION IV. APPLICA REVI 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. The proposal does not require additional on -site parking. This criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20 %; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off -site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off - site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not increase vehicular traffic to and from the site by 100 vehicles per day. Therefore, this criterion does not apply. MMD2011 -00001 PacTrust Smoking Shelter Page 2 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The increase in floor area is less than 5,000 square feet. 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 does not reduce the project amenities. Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. Staff has reviewed the history of this site and found no previous conditions that would be modified by this application. Therefore, this criterion does not apply. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON JANUARY 25, 2011 AND BECOMES EFFECTIVE ON JANUARY 26, 2011. MMD2011 -00001 PacTrust Smoking Shelter Page 3 Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. " ' - '"" " " January 25, 2011 APPROVED BY: Darrel "Hap" Watkins DATE Assistant Planner 503 - 718 -2440 hapgtigard -or.gov MMD2011 -00001 PacTrust Smoking Shelter Page 4 VICINITY MAP r I MMD201 1 -00001 TR T M PAC US KING S O B0 1t R[f -- SHELTER Subject Site D — Mrorm on thou map Is general locarlon III` only nly and should be verified with the i "! Development Services Division. 0 dl _f f Approx. kale T:n,uuu - "I on = bb/ tT � I j OR GG r^ap pnnteo at ul:aa I'm on zb -Jan -I t l 1 I 11 j' S _ DATA A FROM PRES SOURCES THE CITY S TO T 1 \ MAKES N WARRO WARRANTY, REPRESENTATION TATION OR GUARANTEE AS HE I — U GAI I NE55 G rv1 1 T I T"L HEUA I pw I i AERUY Y RRO I CITY OF II Ni GI IWL CI AEI NO LIABILITY OR ANY F ERRORS, OMISSIONS INACCURAGES IN THE ! uty of I ogaro Feet TiGAR MAPS 1 3125 Tgard, OR 97B O 1 10100 > 503 639 -4171 T www.figard- or.gov L � 2� o s Iw F{,(, 3-�iiDGs 6aw.au eu.ss k5 ALUM -nrUM 4oO '5 �'ks 510"f GuT,¢D sySt" Vr. 9�w2f 4wD�7w`D A I-11C `+RM'C poWDCP- COMEZ' ST" F►AH£ �)S�H�E FRAMING S . SEQUOIA PARKWAY �r \ N r, SITE PLAN I SCALE 1'- 100' 0' 1a1iy Phr� work Rr, c9L ibr� In: KEYNOTES I SAW CUT AND REMOVE 10' X 9 ASPHALT SECTION TO CONSTRUCT NEW CONCRETE APRON FOR SMOKING SHELTER. COMPACT EXISTING AGGREGATE BASE AND CONSTRUCT NEW CONCRETE PAD TO GRADES AND DIMENSIONS SHOWN WITH A MINIMUM 4' SECTION. ( 2) SMOKING SHELTER TO BE LOCATED ON CONCRETE APRON AS SHOWN ON THE SITE PLAN. SMOKING SHELTER FRAMING TO BE CONSTRUCTED PER DETAIL@ o- SHELTER PLAN 2 SCALE 1'= 20 -0' �`�" PNf� � 66972PE OREGON �� g 1�� 9�r1/f �y� RENEWS 12/31/2012 o 0 I1 ui 0 o Q a� N a N } Om oN U' � aN Z m ° ag '70� s 2 LU va Q cn w 3Z `oro m = cog o°' 0 1.- 0 O cr W � Z J w W U C N F n O a 30 z 0 o Y (.) ¢ U 0 LLUg C , co c/) REVISION REVISION 1. 2. DATE: 01/05/11 C -1 U// Pacific Realty Associates Attn: N. Piven 15350 SW Sequoia Pkwy #300 Portland, OR 97224 Pacific Realty Associates, L.P. Attn: Matthew Oyen 15350 SW Sequoia Pkwy #300 Portland, OR 97224 MMD2011 -00001 PACTRUST SMOKING SHELTER EXHIBIT�._f' 2S112DA01400 PACIFIC REALTY ASSOCIATES ATTN: N PIVEN 15350 SW SEQUOIA PKWY #300 PORTLAND, OR 97224 1/)Tm �dll—�mxl PAcTRUST Pacific Realty Associates, L.P. Pacific Corporate Center Building #240 6650 SW Redwood Lane Tigard, Oregon 97224 Land Use Permit Application for Minor Modification January, 2011 1 Pacific Corporate Center — Building 9240 Proposed Minor Modification 6650 SW Redwood Lane Tigard, Oregon 97224 Taxlot: 2S 112DA01400 Land Use Permit Application for Proposed Minor Modification Table of Contents r • Land Use Permit Application Form • Written Narrative • Response to Development Code Standards • Proposed Site Plan /Shelter Drawings • Property Deed I q Ci o Ti _ Y .f and T Minor Modification Type I Application GENERAL INFORMATION Property Address /Location(s): 6650 SW Redwood Lane, Tigard OR 97224 Tax Map & Tax Lot #(s): 2S112DA01400 ' Site Size: 6. 68 Acres Applicant*: Pacific Realty Assoc iates, L.P. Address: 15350 SW Sequoia Pkwy, Suite 300 City /State: Tigard, OR Zi 97224 Primary Contact: Matthew Oyen Phone: 503 603 -5492 Fax: E _Mail: Matto @pactrust.com Property Owner /Deed Holder(s) *: ' (Attach list if more than one) Same As Applicant Address: Phone: I. City/State: 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 owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. t 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 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. 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. 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. REQUIRED SUBMITTAL ELEMENTS (Applications will not be accepted without the following required submittal elements) Y Application Form r er's Signature /Written Authorization Transfer Instrument or Deed (4 Large Plans & One — Reduced to 8' /2" x 11') t's Statement /Narrative (4 copies) 16599.00 � STAFF USE ONLY Case No.(s): / /J // ��DO (flier Case No.(s): Receipt No.: Date. Application Accepted By: Date Determined Complete: Revised: 7/t/10 c \cu In \masters \land use a lications \minor modification a .docx City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 718 -2421 1 www.tigard - or.gov I Page 1 of 2 io consider an applicanon 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. 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 ro er . ♦ 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 I day of J ►g rtl w Vz ! 20 It wner's Signature Owner's Signature SsoMM � P� 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 of 2 (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) CITY OF TIGARD 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 RECEIPT Receipt Number: 181169 - 01/19/2011 CASE NO. FEE DESCRIPTION MMD2011 -00001 Minor Modification to an Approved Plan MMD2011 -00001 Minor Modification to an Approved Plan - LRP REVENUE ACCOUNT NUMBER PAID 1003100 -43116 $522.00 1003100 -43117 $77.00 Total: $599.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 03584C 03584C KPEERMAN 01/19/2011 $599.00 Payor: Matthew Oyen Total Payments: $599.00 Balance Due: $0.00 Page 1 of 1 1 ' Pacific Corporate Center — Building #240 Proposed Minor Modification 6650 SW Redwood Lane Tigard, Oregon 97224 Taxlot: 2S 112DA01400 1 I MINOR MODIFICATION — TYPE I APPLICATION ' Project Narrative: The proposed project is for the construction of a new smoking shelter area to serve the ' existing office building located at 6650 SW Redwood Lane in Tigard Oregon. The need for the smoking shelter has been facilitated by the changes in the laws governing smoking near building entrances and tenant preferences since the office building was originally ' constructed in 1995. These changes now require that this function be moved away from the main building entrances. The proposed smoking area will provide a protected smoking area to serve the building, but locate it on the south side of the building away from the main entrances to meet current regulatory requirements. Approvals Requested: The applicant seeks a Minor Modification to the original Site Design Review approval g pp for the construction of the new smoking shelter. Pacific Corporate Center Building #240 - Code Response Site Design Review Minor Modification The project proposes minor modifications to the original Site Design Review Approval to accommodate a new smoking shelter in the existing par lot. 18.360.050 Major Modification(s) to Approved Plans or Existing Development 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 changes listed in Subsection B below. Response: This criterion has been met as three copies of the proposed modified site plans, project narrative and code response have been included with this application. 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; Response: This criterion is not applicable as the development is an office building within the Industrial Park Zone. 2. A change in the ratio or number of different types of dwelling units; Response: This criterion is not applicable as the development is an office building within the Industrial Park Zone. 3. A change that requires additional on -site parking in accordance with Chapter 18.765; Response: The addition of the proposed smoking shelter does not require additional parking based on the criteria outline in Chapter 18.765 of the Tigard Development Code. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; Response: The existing office building is not to be modified in anyway as part of this application. 5. An increase in the height of the building(s) by more than 20 %; Response: The existing office building is not to be modified in anyway as part of this application. 6. A change in the type and location of accessways and parking areas where off -site traffic would be affected Response: The proposed addition of the smoking shelter within the existing parking field will not impact existing accessways, or parking areas such that 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. Response: The proposed building area and use will remain unchanged from the original approval therefore there will be no changes to trip generation associated with the existing office building. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 feet; Response: The existing office building floor area is to remain unchanged. 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 %; Response: The proposed smoking shelter will be located within an existing parking stall and will not impact the common, or usable open space associated with the office building site. J 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. Response: The addition of - the smoking shelter within the existing parking area will not impact the recreational facilities, screening, or landscaping provisions on the site. 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. ' Response: Based upon the applicants review the proposed smoking shelter does not modify any of the conditions of approval associated with the original ' approval. 18.360.60 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. ' B. Process. An applicant may request approval of a minor modification in accordance with Section 18.360.030.13 and as follows: 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 Section 18.360.050B. Response: Three copies of the narrative, code response and site plan have been included with the Minor Modification Application. C. Approved criteria. A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that: a. The proposed development is in compliance with all applicable requirements of this title; and Response: Based on the applicant's review of 'Title 18 of the Tigard Municipal Code, the proposed smoking shelter is in compliance with all of the applicable development criteria. b. The modification is not a major modification. ' Response: This criterion is met based on the evaluation criteria in outlined in section 18.360.050. B above. M 88-39494 Wa3mnyicn voumy Pli. TO'. Lathan & Watkins 555 South Flower street fy\ Los An CA 90071 At nt on: Linda K. Sherwood Ttl Y 3T,9Ff 7 A Ma Realty Asocriatea, L.P. Ill S. W. 5th Avenue, $2950 Portland, OR 97204 Attention: David W. Ramus ' !�', BARGAIN AND SALE DEED pY KNOW ALL MEN BY THESE PRESENTS, That M&T CHICO RANCH, INC., a California corporation, Grantor, in consideration of $2,600,000 paid to it, does hereby grant bargain, sell and convey unto Pacific Realty Associates, L.P., a Delaware limited partnership, Grantee, and its successors and assigns, that certain real property, with the tenements, hereditamiants, and appurtenances thereunto belonging or appertaining, situated in the County of ' r. Washington, state of Oregon, and more particularly described in Exhibit A, attached and hereby made a part hereof, subject to easements, covenants, conditions, reservations and Al restrictions of record. Grantor excepts from the property hereby conveyed, all minerals and mineral rights, Interests, and royalties, including without limiting the generality thereof, oil, gas, and other hydrocarbon substances, as well as metallic or other solid minerals, in and under said property, however, ' `•i. Grantor or its successors and assigns, shall not have the Zi right for any purpose whatsoever to enter upon, into or KIY through the surface of said property in connection therewith. TO HAVE AND TO HOLD said property unto Grantee, and its successors and assigns, forever. In construing this deed, the singular includes the plural as the cironnatances may require. - The foregoing recital of consideration is tr ue as Grantor verily believes, and is the true and actual consideration paid. This instrument will not allow use of the property ' �', Ku described in this instrument in violation of applicable land use laws and regulations. Before signing or accepting this instrument, the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses. IN WITNESS WHEREOF, Grantor has caused these presents to be executed this 5th day of August, 1988. ' `� M&T CHICO RANCH, INC. ;ia' ' MOIL PnOFti.rTY TFA,YS'fER 1JtX _.,_ By: David W. Ramus Title: Vice-Presiftnt, Attest Linda K. Sherwood Title: Ausigtan& Secretary Ct\w\(k@d=\p&ctrust\*W. ._ o.1 ri x''7''7 � •�.. ,Fa•:,,•, :. M 6,T - ,'rigarJ, OR EZHIazr „ PARCIn. Z A tract of land in the Southeast one - quarter of Section 12, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregonl said tract being more particularly described no follows: Beginning at the intersection of the south line of XABLE ACRE TRACTS, a duly recorded plat in Book 5, on page 39 Washington County Records of Plats, and the east right -of -way line of the Southern Pacific Railroad; thence tracing the south line of Paid }CABLE ACRE TRACTS, North 99 Last 957.20 feet to the northwest corner of that parcel of land described in e conveyance to the State of Oregon, by and through its State Highvay Comission, recorded in Book 610, page 201 of Washington County Deed Records; thence tracing the westerly line of said parcel described in said Book 610, page 201, South 18 West 313.98 feet to the southwest corner of said parcel described in said Book 610, page 201; thence tracing the westerly line of that parcel conveyed to the State of Oregon, by and through its State Highway Commission, recorded in Book 344, page 55o of Washington County Deed Records, South 23 West 230.17 feet and thence South 32 West 22.79 feet to the northwesterly line of that parcel described as PARCEL 5 In Pinol Judgement in Case No. 33547, Circuit Court for the County of Washington, filed Docetaber 3, 1.974; thence tracing the northwesterly line of said PARCEI, 5, South S0 Weat 62.73 feett thence tracing the northwesterly line of said PARCEL 5 and then the northwesterly line of that parcel described as PARCEL 1 in a conveyance to the State of Oregon, by and through its Department of Transportation, recorded in Book 944, page 153, Washington County Book of Records, South 58 West 101.12 feet; thence trading the northwesterly line of said PARCEL 1, South $0 West 408.32 feet to the east right -of -way line of the Southern Pacific Railroad; thence tracing the east right -of -way line of the Southern Pacific Railroad the following courses and distances: along the arc of a 2496.43 foot radius curve to the right, through a central angle of 4 ", an arc distance of 177.51 foot (the chord of which bears North 2318 West 177.47 feet) to a point of curve to offset spiral; thence on the affect (5o fect Easterly) of a centerline spiral Mich has a length or 325.00 feet and a spiral angle of 3 (the chord of said offset spiral is North 19 West 321.75 feet) to a point of offset spiral Q r: ;.; -: il_ ;; , F •. `:.ice ` I�f��;� a � - �f- . S 7�:.. ; _.. . r!- � era. -_ I � • . ,' I—w --- rs r_ TTrVT' F I '._ ' \ -zi M , . . ® � ., 7 2 Page 2 to tangenti thence North IL7 Wee', 427.97 feet to the iv point of beginning. Containing 21,758 acres, more or less. t BearLnge of this descriytion are based on a survey preformed by LK V Ann an e"ber, 1967 and T. filed In the off iCe Of the Washington County Surveyor. . 2 i �t �§ . Fla | � .� �� mop I—w I I I I I I I I r I L I I —7 ® . , ' t • , page 3 Pacific Rallty Tigard, OR WIDIT "A"' AM Real property situate in the City of Ti C ouft t y o f VAShington. State of Oregon, being all of Lot 5 of SOUTHERN PACIFI TI"D XIOUSTRIAL PARK, per the recorded plat thereof, CAT. No. NHU9737 c TO ?V45 CA 441-641 (Corporation) 99TICOR TITLE INSURANCE iim I ,STATE OF CALIFORNIA SS. COUNTY OF Los Angeles On Alig=t• 5 - 1988 before me, the undersigned, a Notary Public in and for said Stitc, knonally appeared - pa•it'! If Ramus personally known to Inc or proved to me on the basis of satisfactory evidence to be the erson who cyccuted If the within instru c -- Li — Stle rnent "' President, and ndA K . rwoon personally known to me or OFIFICIAl. $ FAI ; � o t it n t' scurtery of the Corporation t iIQE proved to me on the basis of satisfisatisfactory evidence to be M 5CHOENBERGER the Ar who cxccuttd ck within instrument as ND he CAfjFD1jN4A A t CCCC th executed the instrument and ackvowh:dgcd mm, espli" APR 3, 1992 T I . O Los ANGW3 mulfly v:�" to me (hnt such re,-Arinn executed the w6in I W MY 1-1—. –..6 meat pursuant to Irs by-laws or a resolution of Its board of d' M71 WI'i'NL•SS and arvf officials 1f atu rrhis — roe o -tax',, k*0 ATATE OF OREGON County 01 WaShInglon ) SS 1. Donald W Mason, Vilmloi of Ass" MV Ta-ation and Ex•Officia Recorder o f Can• voya"Cas for add county, do t4ioby cong Thal IW WKNn Ifmiumunt Of wriling Was tocolvad and nKgrdod In book 01 FOCONS of BRIJ Coun Donald W. Mason, Dtroctor ol Assessment and Taxation, Ex. Oniclu Goun Clink I I 1 1 1 1 1 1 1986 SEP -2 PM 3:36 TOW" [A CC). RECOrOWN0"gOUESTED Er CID O ca ✓ t" ncvR TITLE 88 ANowlen RECOROEO MAIL TO INSURANCE 1 '1 nd send tax statements to washlnp+onCounty N• F%Clfic Realty Ageociatee ,* 511"1 Attas Dick Buono I, AAd.N, 111 S.M. 5th, 02950 c,1T Portland, OR 97204 I I v V I � I I I ' � l MIT, 5,.1. L J 21D _..._..._ —� SPACE AeDY£ THIS LINE FOR RECORPEnS 115E Approved As To Fora By General Counsel i I III A I a I4 June 15, 1987 BARGAIN AND SALE DEED KNOW ALL KEN BY THESE PRESENTS: That SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, Grantor, in consideration Of $4,548,535 paid to I it, does hereby grant, bargain, sell and convey unto PACIFIC REALTY ASSOCIATES, L.P., a Delaware Limited Partnership, Grantee, and its successors and assigns, that certain real property, with the tenements, hereditaments, and appur;' :•:lances thereunto belonging or appertaining, situated at or near Tigard, in the County of Washington, State of Oregon, and more particularly described in Exhibit A, i attached and hereby made a part hereof, subject to easements, covenants, conditions, reservations and restrictions of record. Grantor excepts from the property hereby conveyed and reserves unto itself, its successors and assigns, all sand and gravel and all minerals and mineral rights, interests, and royalties, including without limiting the generality thereof, oil, gas, and other hydrocarbon substances, as well as metallic or other solid minerals, in and under said property; however. Grantor or its successors and assigns, shall not have the right for any purpose whatsoever to enter upon, into or through the surface of said property in connection therewith, TO HAVE AND TO HOLD said property unto Grantee, and its successors and assigns, forever. In construing this deed, the singular includes the plural as the circumstances may require, i The foregoing recital of consideration is true as Grantor verily believes, and is the true and actual consideration paid, 'THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE;CRIBEO 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 OEPART14ENT TO VERIFY APPROVED USES." CORS 93.040(1)] [ N ,WITNESS WNE OF, Grantor has caused these presents to be executed this j day of rr ��r • 1988, SOUTHERN PACIFIC TRAN ORTATiON COMPANY By: / Attest: Title: % 'w '.'• J - 1;_1;x11 U to Title: 5e PACIFICIRNM hr090688 f� V:A SHIt ;G1CN COW +TY ' I " 1, RF�IC a,�• ^ :� rr r�s�nsrcn rnx Document 0075 �( W ,4, .•. ... =Z.- ... = }i�i�i/10�'Ifti I' ti'.�11/M .. ...:- O s+9 A f. 1. �/J�fC -,ANN ANd S!l[E PE6� STArCOFCALIFORNIA l D , t CIq end Coanry oJSan Ffl nd= J l t tl On fhb � day p w _ Ir.( heYter One TH^dN'neNundredandEr<hlY� brJo ON v Notary ubhr In nd for thr C7ly and Coknty o /San Frvndxo, start of CrH/vnda, personany ml rr me, MARY J. 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'j� i "�' '� f "A" EXHIBIT Those certain parcels of land situated in the Southeast Quarter of Section iZ, Township 2, South, Range 1 Hest, Willamette Meridian, City of Tigard, County of Wushfngtun, State of Oregon, and more particularly described as follows: Parcel 1 beginning at the point of intersection of the southerly line of KABLE ACRE TRACTS, according to the map thereof recorded in Book 5, Page 39, Records of Plats of said County, eith the easterly line of the 100 foot wide strip of land of the Southern Pacific Transportation Company, as described in deed dated September 7.1, 1906 from E.A. Knotts, et ux„ to the Oregon 3 California Railroad Company, recorded September 26, 1906, in Book 72 of Deeds, Page 292, Records of said County; thence North 89 31' 52" East along the southerly line of Said KABLE ACRE TRACTS, 957.20 feet to the southwesterly corner of that certain parcel of land described as Parcel 2 in the Final Judgment of the Circuit Court of State of Oreger, for the County of Wasnington, Case No, 33 -547, dated December ■ 2, 1914, State of Oregon (Plaintiff) Y. 5onthern Pacific Transportation Company, - et al, (Defendants), filed December 3, 1974; thence along the westerly line of said Parcel 2 the following courses and distances; North 17 51' 47" East 486.48 i feet. North 3o 40' 52' East 556,57 feet and North 0 24' 36" Hest 3.48 feet to the northwesterly corner of said Parcel 2; thence leaving said westerly line, South 89 27' 36" West along the southerly line of that certain parcel of land described in deed dated September 7, 1956 from Southern Pacific Company to Ford — Motor Company, recorded in Book 614 of Deeds, Gage 416, lecords of said County, 1179.78 feet to a point in the easterly line of that certain parcel of land i described as Parcel 3 in a Street Dedication by the Southern Pacific 1of3 ...�• +�..��K-'r :tea - . - .. ....__ - . -..��77 ' sransportation Company to the Public, recorded October 3, 1983 as Document No. 83- 36976, Records of said County; thence South 00 22' 46" East along last said easterly line, being parallel with and distant Z5,0 feet easterly measured at right angler: from the center line of S.W. 72nd Avenue, (also known as County Road Ile, 126), 555,93 feet to the northerly line of said KABLE ACRE TRACTS; r thence continuing South 00 22' 46" East along the easterly line of Parce 2, the southerly prolongation thereof and the easterly line of Parcel 1, as said Parcels 1 and 2 are described in said Street Dedication, being parallel with said center line of S.W. 72nd Avenue, 363.45 feet to a point in said easterly line of the 100 foot wide strip of land of the Southern Paci:ic Transportation ■ �._ Company; thence South 17 47' 14" East along last said easterly line, 103.22 feet to the point of beginning and containing an area of 26,105 acres, more or less. arc. Beginning at the point of intersection of the southerly line of laid of that certain parcel of land described in deed dated September 7, 1966 from Southern Pacific Company to Ford Motor Company, recorded in Book 614 of Oeeds, Page 416, Records of said County, with the easterly line of that certain parcel of land described as Parcel 3 in a Street Dedication by the Southern Pacific Transportation Company to the Public, recorded October 3, 1983 as Document No, 83.36976, Records of said County-, thence South 00 22' 46" East along said easterly line, being parallel with and distant 25.0 feet easterly measured at right angles from the centerline of S.W. 72nd Avenue (also known as County Road No, 126), 556.93 feet to the northerly line of KABLE ACRE TRACTS according to the mao thereof recorded in Book S. Paqe 39. Records of Plats of said County: l r thence continuing South 00 22' 46" East along the easterly line of Parcel 2, the southerly prolongation thereof and the easterly line of Parcel 1, as said Parcels 1 and 2 are described 1n said Street Dedication, berg parallel with said center line of S,N, 72nd Avenue, 363,75 feet to a point in the easterly line of the 100 foot wide strip of land of the Southern Pacific Transportation Company as described in deed dated September 21, 1906 from E.A. Knotts, et ux., to the Oregon d California Railroad Company, recorded September 26, 1906, in Book 72 of Deeds. Page 292, Records of said County; thence North 17 47' 14" Hest along last said easterly line, 16.71 feet to a point in a line parallel with and distant 20,0 feet easterly measured at right angles from said center line of S.H. 72nd Avenue; thence North 00 22' 46" }lest along last said parallel line, 904,42 feet to the southwesterly corner of that certain parcel of land described in deed dated September 7, 1966; thencn North 89 27' 36" East along said southerly line of land described in last said deed, 5.0 feet to the point of beginning and containing an area of 0,105 of an acre, more or less. Together with all right, title and interest of Grantor into that portion of the easterly half of S.W. 72nd Avenue, also known as County Road 4o. 126 (40 feet wide) as said County Road is shown on said map of KABLE ACRE TRACTS, lying between the northerly line of said KABLE ACRE TRACTS and the easterly line cf the 100 foot wide strip of land described in said deed dated September 21, 1906, STATE OF OREGON County of Washington SS I, Donald W. Masan, Drrocta of AssessmaM and Tosatlon and Ex-OfWo Records( of Con' voy4nC93 far sold eouny, do horaby carpry dtst Cho W thin insM,menl of Wring Was rocvivad and recorded in book of toc ft of said cowuy. Donald W Mason ofrocfor of I AssawnaM and Taseeon, Ex. - C " u OvIdo Counfll pall l r thence continuing South 00 22' 46" East along the easterly line of Parcel 2, the southerly prolongation thereof and the easterly line of Parcel 1, as said Parcels 1 and 2 are described 1n said Street Dedication, berg parallel with said center line of S,N, 72nd Avenue, 363,75 feet to a point in the easterly line of the 100 foot wide strip of land of the Southern Pacific Transportation Company as described in deed dated September 21, 1906 from E.A. Knotts, et ux., to the Oregon d California Railroad Company, recorded September 26, 1906, in Book 72 of Deeds. Page 292, Records of said County; thence North 17 47' 14" Hest along last said easterly line, 16.71 feet to a point in a line parallel with and distant 20,0 feet easterly measured at right angles from said center line of S.H. 72nd Avenue; thence North 00 22' 46" }lest along last said parallel line, 904,42 feet to the southwesterly corner of that certain parcel of land described in deed dated September 7, 1966; thencn North 89 27' 36" East along said southerly line of land described in last said deed, 5.0 feet to the point of beginning and containing an area of 0,105 of an acre, more or less. Together with all right, title and interest of Grantor into that portion of the easterly half of S.W. 72nd Avenue, also known as County Road 4o. 126 (40 feet wide) as said County Road is shown on said map of KABLE ACRE TRACTS, lying between the northerly line of said KABLE ACRE TRACTS and the easterly line cf the 100 foot wide strip of land described in said deed dated September 21, 1906, STATE OF OREGON County of Washington SS I, Donald W. Masan, Drrocta of AssessmaM and Tosatlon and Ex-OfWo Records( of Con' voy4nC93 far sold eouny, do horaby carpry dtst Cho W thin insM,menl of Wring Was rocvivad and recorded in book of toc ft of said cowuy. Donald W Mason ofrocfor of I AssawnaM and Taseeon, Ex. - OvIdo Counfll pall 3of3� - 1969 SEP 30 PH 12= 10 „ �;_,. :+ • {':: J:, i2 :.- x,!1'.4 mot:'. . L a . •r :74 .v'