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VAR2007-00049
VA Rzoo-7- Do0 �-q A NOTICE OF TYPE II DECISION '`�' 'j" f ;.ass. :gin ADJUSTMENT (VAR) 2007-00049 '`#"`� FANNO CREEK PLACE }r® SIGN CODE ADJUSTMENT _120 DAYS = 6/5/2008 SECTION I. APPLICATION SUMMARY FILE NAME: FANNO CREEK PLACE SIGN CODE ADJUSTMENT CASE NO.: Adjustment(VAR) VAR2007-00049 PROPOSAL: The applicant received Site Development Review approval (SDR2006-10002) to construct two, three-story commercial buildings on a 6.44 acre site. The applicant is now requesting an adjustment in ustment to the sign code to install two free-standing signs within the development,which consists of three interior lots. Without the adjustment only one free-standing sign is allowed in industrial zones (TDC 18.780.130.F). APPLICANT: OPUS Northwest, L.L.C. Attn: Brian Laswell 1500 SW 1St Ave, Suite 1100 Portland, OR 97201 OWNER 1: OPUS Northwest,L.L.C. OWNER 2: Vita Laeta, L.L.C. 10350 Bren Rd. W 16045 SW Upper Boones Ferry Rd. Minnetonka,MN 55343 Tigard, OR 97224 LOCATION: 16037 SW Upper Boone's Ferry Rd.;WCTM 2S113AB,Tax Lot 300. 16045 SW Upper Boone's Ferry Rd; WCTM 2S113AB,Tax Lot 200. 16083 SW Upper Boone's Ferry Rd; WCTM 2S113AB,Tax Lot 500. ZONE: 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 industnal uses with no off-site impacts, e.g., noise, glare, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design 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 18.370, 18.390 and 18.780. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for the adjustment subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section V of this Decision. NOTICE OF TYPE II DECISION VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT PAGE 1 OF 5 i CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF BUILDING PERMITS FOR THE SIGNS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 1. The applicant shall obtain a sign permit for each freestanding sign from the Planning Division that meets the sign code dimensional requirements. Total sign area of all faces combined shall not exceed 210 feet as noted in the decision. CONTACT: Planning/Engineering Techs at (503) 718- 2421. 2. The applicant shall obtain an electrical permit if the sign is illuminated. SECTION III. BACKGROUND INFORMATION Vicinity&Site Information: The subject site is located west of SW Upper Boones Ferry Road, just north of the intersection with Durham Road. The.property is zoned Industnal Park(I-P) with properties to the north, south and west also zoned I-P. Properties to the east of Upper Boones Ferry are zoned Light Industrial (I-L). The abutting properties are developed with office and commercial uses. The site is made up of three parcels, and each parcel is developed with an office building. Site History: In October 2006 approval was given to construct two, new, three-story office buildings on a 6.44 acre site. The new buildings total approximately 128,000 square feet. One, existing, 5,230 square-foot building has been retained. Staff conducted a search of City records for the subject property and also found a zone change from Light Industrial to Industrial Park approved in April of subject Requests to vacate portions of the railroad right-of-ways along the western property boundaries were also approved in 2006. Proposal Description: The applicant is requesting an adjustment to the sign code to allow placement of two freestanding signs within a commercial development. Only one freestanding sign is permitted by the Tigard Development Code (18.780). The site has two access points along SW Upper Boones Ferry Road. One sign is proposed at each access. Because the site is not a corner lot, more than one sign is not permitted by the sign code. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, staff has posted a notice at the driveway to the site, visible from the street. Staff received no comments or letters from adjacent property owners. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS(18.370): Section 18.780.130.F.1. states that one multi-faced, freestanding sign shall be permitted for sites within the I-P zone. The applicant is requesting an adjustment to allow a second freestanding sign on the Fanno Creek Place development which does not have frontage on more than one street. Three parcels make up the development and each is improved with an office building. The smallest parcel (tax lot 200) is owned by Vita Laeta, LLC. Oregon State Bar (OSB) has leased the building on tax lot 300 with the option to purchase it for a new headquarters. Because of the number of possible tenants, the applicant claims that two signs are needed. NOTICE OF TYPE II DECISION VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT PAGE 2 OF 5 • Adjustments to sign code (Chapter 18.780). Section 18.390.040, states that the Director shall approve approve with conditions, or deny a request for an adjustment to the sign code based on findings that at least one of the following criteria are satisfied: (1) The proposed adjustment to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site, and/or a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with Chapter 18.780, Signs; The elevation plans (A1.2) show the height of the signs to be 9 feet, 11.25 inches. The applicant states in the narrative that each sign is 10 feet. For the purpose of this decision each sign will be 10 feet in height. The applicant is not proposing an adjustment to the height limitation. This cntenon does not apply. (2) A second freestanding sign is necessary to adequately identify a second entrance to a business or premises that is oriented towards a different street frontage; The development has two access drives, but both are from SW Upper Boones Ferry Road. The site has no other street frontage. This criterion does not apply. (3) Up to an additional 25% of sign area or height may be permitted when it is determined that the increase will not deter from the purpose of Chapter 18.786, Signs. This increase should be judged according to specific needs and circumstances which necessitate additional area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restrictions of-this chapter, The applicant is not asking to increase the square footage of an individual freestanding sign. This criterion does not apply. (4) The proposed sign is consistent with the criteria set forth in Section 18.780.130.G; Section 18.780.130.G allows a second freestanding sign for industrially zoned corner properties (one or more contiguous tax lots located at the intersection of two or more public streets). One sign shall be allowed along each street frontage if all criteria are met. Fanno Creek Place is not located on a corner site. The standards of 18.780.130.G do not apply therefore, the applicant must request the adjustment to the sign code to allow two freestanding signs on the same street frontage. This second sign is permitted as long as the applicant meets the criteria below in section 5. (5) The proposed exception for a second freestanding sign on an interior lot which is zoned commercial or industrial is appropriate because all of the folIfowing apply: (a) The combined height of both signs shall not exceed 150% of the sign height normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district; (b)dNeither sign will pose a vision clearance problem or will project into the public right-of-way; (c) Total combined sign area for both signs shall not exceed 150% of what is normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district. As discussed above each sign is 10 feet high. Signs within the I-P zone are allowed to be 20 feet high. The combined height of the signs (20 feet) does not exceed 150% of the height allowed (30 feet). Neither sign is located within the visual clearance areas as indicated on Figure 1 by Kittelson&Associates. NOTICE OF TYPE II DECISION VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT PAGE 3 OF 5 4111 • According to the applicant each proposed sign has four faces that measure 26 square feet. This totals 208 square feet. The plan (A1.2) shows signs on three sides of the structure with each sign totaling 9 square feet. Based on these calculations each freestanding sign will have 27 square feet of sign area. For two signs the total proposed sign area is therefore 54 square feet. Typically the allowance for a freestanding sign within an industrial zone is 70 square feet per face `140 square feet total). The requirement listed above is not to exceed 150% of that allowance (210 square feet). The proposed signage area does not exceed this amount. In addition the Director shall review all of the existing or proposed signage for the development and its relationship to the intent and purpose of Chapter 18.780, Signs. As a condition of approval of the adjustment, the Director may require: (1) Removal or alteration of nonconforming signs to achieve compliance with the standards contained in Chapter 18.780, Signs; (2) Removal or alteration of conforming signs to establish a consistent sign design throughout the development; and (3) Application for sign permits for signs erected without permits or removal of such illegal signs. At this time no other signs are proposed or have been a roved for this new development. A condition of approval in the Site Development Review (SDR2006-10002) requires that sign permits be obtained prior to installation. Signs regulated by the Tigard Development Code include all signs on the site and on the exterior of the buildings. Signage inside buildings is exempt from sign permits. FINDING: Staff finds that the sign code adjustment criteria are satisfied. SECTION VI. OTHER STAFF COMMENTS The Tigard Building Division and the Planning/Engineering Techs have reviewed the application and have no objections. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON FEBRUARY 28, 2008 AND BECOMES EFFECTIVE ON MARCH 14, 2008 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Director (Type II Procedure) or Review Authority(Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. Of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. NOTICE OF TYPE II DECISION VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT PAGE 4 OF 5 • • Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON MARCH 13, 2008. estions: 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. 6 4' "- t- �'`' ' February 28, 2008 PREPARF;t) BY: Cheryl Caines DA'1E Associate Planner NOTICE OF TYPE II DECISION VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT PAGE 5 OF 5 . , i ., ., ,. .7 ,‘ \ \ / CITY of TIGARD / 1 i <I 1 / t , . CC ,-- 1 i 1— GEOGRAPFIIC INFORMATION SYSTEM i H I VICINITYMAP „ , 1 , „, , . :, \\ )--,, / i ! :w\\ 1 • 1 1 1 ;>:\\ \\ :4:v .\ -3, 1 , i \ 1 1 1 , T / 1 • ' I - i I I i \ ...A 7--- ------1 I 1 i \ 11 (22____ I ! ill—nr 1 i i \ ....., : \\ 0\ / CY / i I I \ \ 1 VAR2007-00049 ( qi- Lb \\ \ / c \ i) "I i ! > • . ] ! ii °L_ ■ < 1 \\ i I xi- FANNO CREEK \,, \.._ /\! 1 PLACE SIGN • I ,I CODE ADJUSTMENT . 1,_, , ________a ow! \ _______. .- 0 6'?9 \-- I 1 i ___ *2 1 1 l) c:IP_..0 • .4 t I 1 411. 'I i 7) Pll- cC` 1 1 1 2 CO 2 F– g I r■ r 1 1 \ kill LE GE NI): 1 I 1 0 EN 0 ,..., SUBJECT N. A sr lE NEI f ' / ■ wil± A• 1 Illi • A., .,,,I. / .,1 • ''1' 1 II. 1 K %Spy / ••se 400„ - • :i.; . . 4 •• IF 10 -,.. . / ' 2; • N D 0 --A,„0-- •.. 1 . Tigard Area MaP' A/ ''''.''-'' ec° ' c..", 7-' ••,.... • ——- I___ .-f• Zr J-1 CV 1,4 I 1 0 100 200 300 400 500 Feet 11=390 feel ,:.,',.,,t'-','t''•;' .,';' ,,i '•:,-;,,.:-,t,-1.-.t• ::',.f.:,- ;-',"::;,•%.,:-.1.' !;.7,1':..:.:.t?,;•;,;: ::, I ------ Information on this map is for general location only and I ________. / 1 should be verified with the Development Services Division. I 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 http://www.ci,tigard.or.us I / I 1 _ ! 1 _________ _ ommunity Development Plot date: Feb 12,2008;C:\magicIMAGIC03.APR N OTICE TO MORTGAGEE,LIENHOLSR,VENDOR OR SELLER: • THE TIGARD DEW,OPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDFD TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION ` ° VARIANCE TIGARD i DATE OF NOTICE: February 12,2008 FILE NUMBER: VARIANCE (VAR) 2007-00049 FILE TITLE: FANNO CREEK PLACE SIGN CODE ADJUSTMENT REQUEST: The applicant is requesting approval for an Adjustment to the sign code to install a second free-standing sign within a commercial development consisting of interior lots. LOCATION: 16037 SW Upper Boone's Ferry Rd.;Washington County Tax Map 2S113AB,Tax Lot 300. 16045 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB,Tax Lot 200. 16083 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB,Tax Lot 500. ZONE: 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, odors,vibration, are permitted in the I-P zone. In addition to mandatory site development review, design 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 18.390, 18.370 and 18.780. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON FEBRUARY 26, 2008. All comments should be directed to Cheryl Gaines,Associate Planner 503.718.2437 in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard,Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or by e-mail to cherylca,tigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR MARCH 4, 2008. IF YOU PROVIDE COMMENTS,YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE'IT HAS BEEN RENDERED. WRI 1 N COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. • 41111 Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMIFIED WRI I-1"EN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." 1. 111 Illa Mira W lint■111n KABLE LN VICINTT MAP NOW NM IID±_ F_�NNO CREEI:111 thEi CODE�DJUSThLENT • ill • NIP. tong PLACE SIGN Mau ll mil 1111 .3k I immummar I LEGEND: SITE SUBJECT �j:r ;i Vii% . ..,L,„......„.,.:„. • ., .,. .. .. .,f 111 • 114° 11 1 .: ..... lei I a _ 31,. - ,All t, i II lefmnnlon.11...b FFFFF rd Ye*Nolyal■ •nmaniry•eve opment •of Gate: e.1 . :4napidMAGIC03APR I- E6) Uasr Co,v\mrs■ T I GARD REQUEST FOR COMMENTS • DATE: February 12,2008 TO: Planning-Engineering Techs/Community Development Department FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Associate Planner 503.718.2437 Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylc ar,tigard-or.gov VARIANCE (VAR) 2007-00049 - FANNO CREEK PLACE SIGN CODE ADJUSTMENT - REQUEST: The applicant is requesting approval for an Adjustment to the sign code to install a second free-standing sign within a commercial development consisting of interior lots. LOCATION: 16037 SW Upper Boone's Ferry Rd.; Washington County Tax Map 2S113AB, Tax Lot 300. 16045 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB, Tax Lot 200. 16083 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB, Tax Lot 500. ZONE: 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,odors,vibration, are permitted in the I-P zone. In addition to mandatory site development review, design 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 18.390, 18.370 and 18.780. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FEBRUARY 26, 2008. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: rWe have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting. • • TIGARD REQUEST FOR COMMENTS DA'Z'E: February 12,2008 TO: Mark Vandomelen,Plans Examination Supervisor FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Associate Planner 503.718.2437 Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylcatigard-or.gov VARIANCE (VAR) 2007-00049 - FANNO CREEK PLACE SIGN CODE ADJUSTMENT - REQUEST: The applicant is requesting approval for an Adjustment to the sign code to install a second free-standing sign within a commercial development consisting of interior lots. LOCATION: 16037 SW Upper Boone's Ferry Rd.; Washington County Tax Map 2S113AB,Tax Lot 300. 16045 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB, Tax Lot 200. 16083 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB, Tax Lot 500. ZONE: 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, odors,vibration, are permitted in the I-P zone. In addition to mandatory site development review, design 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 18.390, 18.370 and 18.780. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FEBRUARY 26, 2008. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: i3a.st_ fl ziuG Fkjz - -5 tA.Lr 51'0e.-vAC7k/1 &A L C At-C % -2C,,1 L A 4 7 C 9 44-tat f) 1 2 2 771A fizz p s D G X-G N Name&Number of Person Commenting. WV' k 'a 7 5 y IN a • • TIGARD REQUEST FOR COMMENTS DATE: February 12,2008 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Associate Planner 503.718.2437 Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylc( tigard-or.gov VARIANCE (VAR) 2007-00049 - FANNO CREEK PLACE SIGN CODE ADJUSTMENT - REQUEST: The applicant is requesting approval for an Adjustment to the sign code to install a second free-standing sign within a commercial development consisting of interior lots. LOCATION: 16037 SW Upper Boone's Ferry Rd.; Washington County Tax Map 2S113AB,Tax Lot 300. 16045 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB, Tax Lot 200. 16083 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB, Tax Lot 500. ZONE: 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, odors,vibration, are permitted in the I-P zone. In addition to mandatory site development review, design 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 18.390, 18.370 and 18.780. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FEBRUARY 26, 2008. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting. • ' Y OF TIGARD REQUEST FOR Wb MMENTS NOTIFICA LIST FOR LAND USE & COMMUNITY DEPMENT APPLICATIONS FILE NOS.: V Alt aoor7-coo 49 FILE NAME: Fa/fro C-K Place 3-;.,),,, Adj. CITY OFFICES _LONG RANGE PLANNING/Ron Bunch,Planning Mgr. _CURRENT PLANNING/Todd Prager/Arborist-Planner _POLICE DEPT./Jim Wolf,Crime Prevention Officer ✓13UILDING DIVISION/Mark Vandomelen,Plans Ex.Supervisor _ENGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer _HEARINGS OFFICER(+2 sets) CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/Rob Murchison,Project Engineer _PLANNING COMMISSION/GRETCHEN(+12 sets) L COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs._PUBLIC WORKS/Steve Martin,Parks Supervisor _FILE/REFERENCE(+2 sets) _CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* _ CLEAN WATER SERVICES* Planning Manager North Division Administrative Office Marvin Spiering/SWM Program 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124 Beaverton,OR 97005-1152 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON* _ CITY OF TUALATIN• _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Form Required) — Steven Sparks,Den.Svcs Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM* 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&CWS Letter Only) Mel Huie,Greenspaces Coordinator(CPA20A) Mara Ulloa(Comp.Plan Amendments 8 Measure 37) Routing CENWP-OP-G _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(PowedinesinArea) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 _Planning Division(ZCA)Ms 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(zcA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(Vacations) _Sr.Cartographer(cPArzCA)MS 1a 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor(ZCA)MS 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)"911"lMOn000lsTrmo sl Sam Hunaidi,Assistant District Manager (Notify if ODOT RJR-Hwy.Crossing is OnyAccess to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES —PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 —SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. —TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations On ) Gerald Backhaus(seewaprrAreacentxt) (If Project is Within''/.MUe of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 —PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY —VERIZON _QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 _TIGARDJTUALATIN SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev (see Map for Area Cenbd) Brian Every(Apps Ed Haew.0r99w) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 18-Dec-07) (Also update:i:1 curpin\setup\I abels\annexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this documei RAW SCCRET R/ MATER )(Li- Ls • AFFIDAVIT OF MAILING pg crileAmo I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of?Tigard,Washington County,Oregon and that I served the following: { Bo © NOTICE OF DECISION FOR VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT (File NoJName Reference) 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 February 28,2008,and deposited in the United States Mail on February 28,2008,postage prepaid. 4 ; & AL/ria (Pelso t Pre.. -d Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the ° day of 14 A ,2008. OFFICIAL SEAL ; SHIRLEY L TREAT f � � NOTARY PUBLIC-OREGON COMMISSION NO.416777 1 MY COMMISSION EXPIRES APRIL 25,2011 () (� ditin 1 NOTARY P LIC OF OREGON My Commission Expires: 4/a-Sill • • EXHIBIT NOTICE OF TYPE II DECISION ADJUSTMENT (VAR) 2007-00049 FANNO CREEK PLACE SIGN CODE ADJUSTMENT O D 120 DAYS = 6/5/2008 SECTION I. APPLICATION SUMMARY FILE NAME: FANNO CREEK PLACE SIGN CODE ADJUSTMENT CASE NO.: Adjustment(VAR) VAR2007-00049 PROPOSAL: The applicant received Site Development Review approval (SDR2006-10002) to construct two, three-story commercial buildings on a 6.44 acre site. The applicant is now requesting an adjustment to the sign code to install two free-standing signs within the development,which consists of three interior lots. Without the adjustment only one free-standing sign is allowed in industrial zones (FUC 18.780.130.F). APPLICANT: OPUS Northwest,L.L.C. Attn: Brian Laswell 1500 SW 1st Ave,Suite 1100 Portland, OR 97201 OWNER 1: OPUS Northwest,L.L.C. OWNER 2: Vita Laeta, L.L.C. 10350 Bren Rd. W 16045 SW Upper Boones Ferry Rd. Minnetonka,MN 55343 Tigard, OR 97224 LOCATION: 16037 SW Upper Boone's Ferry Rd.;WCTM 2S113AB,Tax Lot 300. 16045 SW Upper Boone's Ferry Rd; WCTM 2S113AB,Tax Lot 200. 16083 SW Upper Boone's Ferry Rd; WCTM 2S113AB,Tax Lot 500. ZONE: 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, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design 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 18.370, 18.390 and 18.780. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for the adjustment subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section V of this Decision. NOTICE OF TYPE II DECISION VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT PAGE 1 OF 5 • • CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF BUILDING PERMITS FOR THE SIGNS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 1. The applicant shall obtain a sign permit for each freestanding sign from the Planning Division that meets the sign code dimensional requirements. Total sign area of all faces combined shall not exceed 210 feet as noted in the decision. CONTACT: Planning/Engineering Techs at (503) 718- 2421. 2. The applicant shall obtain an electrical permit if the sign is illuminated. SECTION III. BACKGROUND INFORMATION Vicinity&Site Information: The subject site is located west of SW Upper Boones Ferry Road, just north of the intersection with Durham Road. The property is zoned Industrial Park(I-P) with properties to the north,south and west also zoned I-P. Properties to the east of Upper Boones Ferry are zoned Light Industrial (I-L). The abutting properties are developed with office and commercial uses. The site is made up of three parcels, and each parcel is developed with an office building. Site History: In October 2006 approval was given to construct two, new, three-story office buildings on a 6.44 acre site. The new buildings total approximately 128,000 square feet. One, existing, 5,230 square-foot building has been retained. Staff conducted a search of City records for the subject property and also found a zone change from Light Industrial to Industrial Park approved in April of 2006. Requests to vacate portions of the railroad right-of-ways along the western property boundaries were also approved in 2006. Proposal Description: The applicant is requesting an adjustment to the sign code to allow placement of two freestanding signs within a commercial development. Only one freestanding sign is permitted by the Tigard Development Code (18.780). The site has two access points along SW Upper Boones Ferry Road. One sign is proposed at each access. Because the site is not a corner lot,more than one sign is not permitted by the sign code. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, staff has posted a notice at the driveway to the site, visible from the street. Staff received no comments or letters from adjacent property owners. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS(18.370): Section 18.780.130.F.1. states that one multi-faced, freestanding sign shall be permitted for sites within the I-P zone. The applicant is requesting an adjustment to allow a second freestanding sign on the Fanno Creek Place development which does not have frontage on more than one street. Three parcels make up the development and each is improved with an office building. The smallest parcel (tax lot 200) is owned by Vita Laeta, LLC. Oregon State Bar (OSB) has leased the building on tax lot 300 with the option to purchase it for a new headquarters. Because of the number of possible tenants, the applicant claims that two signs are needed. NOTICE OF TYPE II DECISION VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT PAGE 2 OF 5 • • Adjustments to sign code (Chapter 18.780). Section 18.390.040, states that the Director shall approve approve with conditions or deny a request for an adjustment to the sign code based on findings that at least one of the following criteria are satisfied: (1) The proposed adjustment to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site, and/or a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with Chapter 18.780, Signs; The elevation plans (A1.2) show the height of the signs to be 9 feet, 11.25 inches. The applicant states in the narrative that each sign is 10 feet. Poor the purpose of this decision each sign will be 10 feet in height. The applicant is not proposing an adjustment to the height limitation. This criterion does not apply. (2) A second freestanding sign is necessary to adequately identify a second entrance to a business or premises that is oriented towards a different street frontage; The development has two access drives, but both are from SW Upper Boones Ferry Road. The site has no other street frontage. This criterion does not apply. (3) Up to an additional 25% of sign area or height may be permitted when it is determined that the increase will not deter from the purpose of Chapter 18.786, Signs. This increase should be judged according to specific needs and circumstances which necessitate additional area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restrictions of this chapter, The applicant is not asking to increase the square footage of an individual freestanding sign. This criterion does not apply. (4) The proposed sign is consistent with the criteria set forth in Section 18.780.130.G; Section 18.780.130.G allows a second freestanding sign for industrially zoned corner properties (one or more contiguous tax lots located at the intersection of two or more public streets). One sign shall be allowed along each street frontage if all criteria are met. Fanno Creek Place is not located on a corner site. The standards of 18.780.130.G do not apply therefore, the applicant must request the adjustment to the sign code to allow two freestanding signs on the same street frontage. This second sign is permitted as long as the applicant meets the criteria below in section 5. (5) The proposed exception for a second freestanding sign on an interior lot which is zoned commercial or industrial is appropriate because all of the folrowing apply: (a) The combined height of both signs shall not exceed 150% of the sign height normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district; (b) and (c) sign will pose a vision clearance problem or will project into the public right-of-way; (c) Total combined sign area for both signs shall not exceed 150% of what is normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district. As discussed above each sign is 10 feet high. Signs within the I-P zone are allowed to be 20 feet high. The combined height of'the signs (20 feet) does not exceed 150% of the height allowed (30 feet). Neither sign is located within the visual clearance areas as indicated on Figure 1 by Kittelson&Associates. NOTICE OF TYPE II DECISION VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT PAGE 3 OF 5 • • According to the a plicant each proposed sign has four faces that measure 26 square feet. This totals 208 square three feet. The plan (Al(A1.2) shows signs on ree sides of the structure with each sign totaling 9 square feet. Based on these calculations each freestanding sign will have 27 square feet of sign area. For two signs the total proposed sign area is therefore 54 square feet. Typically the allowance for alreestanding sign within an industrial zone is 70 square feet per face 140 square feet total). The requirement listed above is not to exceed 150% of that allowance (210 square feet).The proposed)ignage area does not exceed this amount. In addition the Director shall review all of the existing or proposed signage for the development and its relationship to the intent and purpose of Chapter 18.780, Signs.As a condition of approval of the adjustment,the Director may require: (1) Removal or alteration of nonconforming signs to achieve compliance with the standards contained in Chapter 18.780, Signs; (2) Removal or alteration of conforming signs to establish a consistent sign design throughout the development; and (3) Application for sign permits for signs erected without permits or removal of such illegal signs. At this time no other signs are proposed or have been approved for this new development. A condition of approval in the Site Development it lopment Review (SDR2006-10002) requires that sign be obtained prior to installation. Signs regulated by the Tigard Development Code include all signs on the site and on the exterior of the buildings. Signage inside buildings is exempt from sign permits. FINDING: Staff finds that the sign code adjustment criteria are satisfied. SECTION VI. OTHER STAFF COMMENTS The Tigard Building Division and the Planning/Engineering Techs have reviewed the application and have no objections. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON FEBRUARY 28,2008 AND BECOMES EFFECTIVE ON MARCH 14,2008 UNLESS AN APPEAL IS FILED. eal: The decision of the Director(Type II Procedure) or Review Authority(Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. Ot the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. NOTICE OF TYPE II DECISION VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT PAGE 4 OF 5 • • Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON MARCH 13,2008. suons: 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. a. February 28,20.08 PREP BY: Cheryl Caines DATE Associate Planner NOTICE OF TYPE II DECISION VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT PAGE 5 OF 5 Q l I KABLE LN CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM _— w VICINITY MAP I- / Q a co f ______„\„ " �a VAR2007-00049 ONN-AF W ¢ FANNO CREEK PLACE SIGN �, �Qa , CODE ADJUSTME NT w ir�� • I —_ a �O Q ^ Q`,� = JQ 4 __I I w��'o LEGEND: . i �� SUB CT SITE •RSFERR FERRY 1 RO�d! - -,.'1 mirbil , ,..s 5 �0�'? , `�� I LMT_ Rp QP4�• BONITA G •• R� 0i BEEF OENI��l� DURHAM RD` • ,.. °O�I CJ`s '^ Tigard Area Map itJ•�/2 Q 0 100 200 300 400 500 Feet aG,p a 1=3so reel N 17/..., N a Q fn :110 J�.. 1 iiii ARD Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503) http://www.ci.ti639-4171 gard.or.us Community Development Plot date: Feb 12,2008;C:\magic\MAGIC03.APR • • EXHIBITK3 OPUS Northwest,LLC VAR2007-00049 10350 Bren Road West FANNO CREEK PLACE SIGN CODE Minnetonka,MC 55343 ADJUSTMENT OPUS Northwest,LLC Attn:Brian Laswell 1500 SW First Avenue, Suite 1100 Portland, OR 97201 Vita Laeta,LLC 16045 SW Upper Boones Ferry Road Tigard, OR 97224 2S113AB-01000 113AB-00301 B&R INVESTMENTS OP NO' WEST IP 16255 SW UPPER BOONES FERRY RD 10351 - ROAD WEST TIGARD,OR 97224 i NETON ♦ , MN 55343 2 113AB-00700 2S113AB-00501 B& ' NV MENTS ONPUS N HWEST LLC 1625 PPER BOONES FERRY RD 1035 EN ROAD WEST ARD,OR • 224 NETO ,MN 55343 2S113AB-00800 2 113AB-0020 DUNCAN JOHN A&JANICE LEE O' NO"' HWEST LLC 784 NW WESTOVER SQ 1035► :-EN ROAD WEST PORTLAND,OR 97210 ■• NETO ,MN 55343 2S113AB-01600 1S135C8-00800 D.NCAN J• • A&JANICE LEE OREGON STATE OF 784 1 ESTOVER SQ DEPT OF TRANSPORTATION P••T 'D, OR 97210 RIGHT OF WAY SECTION 355 CAPITOL ST NE RM 420 SALEM,OR 97301 2S112DC-01400 2S113AB-00600 JDS LLC& PACIFIC REALTY ASSOCIATES SANTA FE INVESTORS#1 LLC ATTN: N PIVEN 8905 SW NIMBUS AVE#400 15350 SW SEQUOIA PKWY#300 BEAVERTON, OR 97008 PORTLAND,OR 97224 2S112DD-00400 2 1113AA-00600 KAUFMAN LOTTIE L& PAb FIC REA ' ASSOCIATES SUBOTNICK RUTH ET AL ATTN: P • N BY PACIFIC REALTY ASSOCIATES 15358 EQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300-WMI •RTLAND, •R 97224 PORTLAND,OR 97224 2S1120C-01800 2 112DC-00201 NADEAU ANDRE R TRUSTEE PA. FIC REAL -Y ASSOCIATES 7774 VLAHOS DR ATTN: ' P N WILSONVILLE,OR 97070 15350 :11 QUOIA PKWY#300 P' 'TLAND,O' 97224 2S112DC-01700 S112DC-00701 NADEAU LINDA P'.IFIC REA ASSOCIATES 7409 SW LOCUST ST ATTN: ' EN TIGARD,OR 97223 153 ' EQUOIA PKWY#300 '.•RTLAN D, 97224 2S 113AB-00300 2S11 2D D-00200 OPUS NORTHWEST LLC '.CIFIC R • TY ASSOCIATES 10350 BREN ROAD WEST ATT ` VEN MINNETONKA, MN 55343. 153 S SEQUOIA PKWY#300 ••RTLAN', OR 97224 113AB-00500 . 113AB-00101 OP NO: WEST LLC PA. IC R ASSOCIATES 10350 =' N ROAD WEST ATTN: •'JEN NETON V, MN 55343 153 • EQUOIA PKWY#300 •RTLAND, . 97224 2S112DC-00500• 2S113AB-00100 •CIFIC R TY ASSOCIATES WASHINGTON COUNN A : 'VEN do PACIFIC REALTY TRUST 153 W SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300-WMI ••RTLA D, OR 97224 PORTLAND,OR 97224 2 113AB-01201 PA IC RE: ASSOCIATES ATTN: \ 'IVEN 153.' S ■ SEQUOIA PKWY#300 •RTLAND,OR 97224 2S112DC-00100 CIFIC R TY ASSOCIATES • A \: •IVEN 15 • ,W SEQUOIA PKWY#300 `•RTLA I,OR 97224 2S1120C-00200 P IFIC RE: TY ASSOCIATES ATT"• ° VEN 153 ! ` SEQUOIA PKWY#300 RTLA D,OR 97224 2S113AA-00500 CIFIC RE TY ASSOCIATES A : N VEN 1535 W SEQUOIA PKWY#300 P RTLA , OR 97224 2S113AA-00400 PA IFIC RE TY ASSOCIATES ATT • N EN 15350 SEQUOIA PKWY#300 • P%'TLAN&,OR 97224 2S112DC-01500 REHAM 1 LLC& DEC INVESTMENTS LLC ETAL BY C&R REAL ESTATE SERVICES CO 1440 SW TAYLOR PORTLAND,OR 97205 2S112DD-00500 SUBOTNICK RUTH& SIEGEL LOTTIE BY PACIFIC REALTY ASSOC 15350 SW SEQUOIA PKWY#300-WMI PORTLAND,OR 97224 2S112DD-00300 TIME OIL CO P 0 BOX 24447 SEATTLE,WA 98124 2S113AB-00200 VITA LAETA LLC 16045 SW UPPER BOONES FERRY RD TIGARD,OR 97224 Nathan and Ann Murdock • Mildren Designikup PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 6-Aug-07 • • • 1114 . AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL TIGARD IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: VAR2007-00049 Land Use File Name: FANNO CREEK PLACE SIGN CODE ADJUSTMENT I, Cheryl Caines, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) /(o037/Jto' .0°83 SW eve' rr'2 Rd. and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the o?/J+ day of fehrua.+-') ,2008. a. o a.c.,., Signature of Person Who Performed Posting h:\login\patty\toasters\affidavit of posting for applicant to post public hearing.doc FANNO CREEK PLACE 1- SIGN CODE ADJUSTMENT VARIANCE (VAR) 2007-00049 REQUEST: The applicant is requesting approval for an Adjustment to the sign code to install a second free-standing sign within a commercial development consisting of interior lots. LOCATION: 16037 SW Upper Boone's Ferry Rd.; Washington County Tax Nip 2S113AB, Tax Lot 300. 16045 SW Upper Boone's Ferry Rd; Washington County Tax IVEp 2S113AB, Tax Lot 200. 16083 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB, Tax Lot 500. ZONE: 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, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure at developments will be well-integrated, attractively landscaped, and pedestrian-frien APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.370 and 18.780. Further information may be obtained from the Planning Division (staff contact: Cheryl Caines, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by email to cherylc @ tgard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. • S AFFIDAVIT OF MAILING `TBCa1° D I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County,Oregon and that I served the following: {0.d,APP.P.aw Bo4_) F2 NOTICE OF PENDING LAND USE DECISION FOR VAR2007-00049/FANNO CREEK PLACE SIGN CODE ADJUSTMENT ❑ AMENDED NOTICE (File No./Name Reference) ® 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 February 12,2008,and deposited in the United States Mail on February 12,2008,postage prepaid. / IP, i A,1, 1i _/ .✓f /jfj _ (Person that Prepare. otice) W STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the c�i'r day of 114444-614. ,2008. OFFICIAL SEAL ?) ; i SHIRLEY I.TREAT i `�t'' NOTARY PUBLIC-OREGON I r' COMMISSION NO.416777 J MY COMMISSION EXPIRES APRIL 25,2011 r) N diti(A,41B0 TARP L IC OF OREGON My Commission Expires: 44-51()5/( NOTICE TO MORTGAGEE,LIENHOLlet,VENDOR OR SELLER: EXHIBIT A THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION 1,1 ° VARIANCE TIGARD DATE OF NOTICE: February 12,2008 FILE NUMBER: VARIANCE (VAR) 2007-00049 FILE TITLE: FANNO CREEK PLACE SIGN CODE ADJUSTMENT REQUEST: The applicant is requesting approval for an Adjustment to the sign code to install a second free-standing sign within a commercial development consisting of interior lots. LOCATION: 16037 SW Upper Boone's Ferry Rd.;Washington County Tax Map 2S113AB,Tax Lot 300. 16045 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB,Tax Lot 200. 16083 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB,Tax Lot 500. ZONE: 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, odors,vibration, are permitted in the I-P zone. In addition to mandatory site development review, design 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 18.390, 18.370 and 18.780. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON FEBRUARY 26, 2008. All comments should be directed to Cheryl Caines,Associate Planner 503.718.2437 in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard,Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or by e-mail to cherylc(a,tigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIA FES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR MARCH 4,2008. IF YOU PROVIDE COMMENTS,YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE'IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. • • Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMI TIED WRI'FI EN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUES 1'ED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." ,-••ors, 0 1p VICINITY MAP myr•,1j� � KABLE�N Arra O EIIMINIIII VAh^(0!-ana9 IIII IIII% F_�NNO CREEK mi ''�� � P L SCE SIGN ■ CODE ADTUST\LENT I11111111ME ImIu . j ,� , ,, ` LEGEND: o A SITE CT. ,,,,,„ „ . 41- 0..,k,„, ,,,,-, . . , li z„.,,, ..„...„.„, _,...z...,,,. .„,. .N,. .. .. __., ..,. ,,._„ ,.. ,4: ilIP ,.:.,.. • xii a ISO IDS N. e. m.(am Nan,On 07121 Community Development -ot date:Feb 12,2008 CSmegMMAGIC03.APR • • EXHIBIT(& OPUS Northwest,LLC VAR2007-00049 10350 Bren Road West FANNO CREEK PLACE SIGN CODE Minnetonka,MC 55343 ADJUSTMENT OPUS Northwest,LLC Attn:Brian Laswell 1500 SW Fast Avenue, Suite 1100 Portland, OR 97201 Vita Laeta,LLC 16045 SW Upper Boones Ferry Road Tigard, OR 97224 4 2S113A6-01000 • 113AB-00301 B&R INVESTMENTS OP NO WEST LL 16255 SW UPPER BOONES FERRY RD 1035 ROAD WEST TIGARD,OR 97224 NETON ,MN 55343 2 113AB-00700 2S113AB-00501 B& ° NV = MENTS O t N HWEST LLC 1625 :► PPER BOONES FERRY RD 1035 EN ROAD WEST . ARD,OR • 224 NETO ,MN 55343 2S113AB-00800 113AB-0020 DUNCAN JOHN A&JANICE LEE O'. N• HWEST LLC 784 NW WESTOVER SQ 103 ! ="EN ROAD WEST PORTLAND,OR 97210 ■• NETO •,MN 55343 2S113AB-01600 1S135CB-00800 D.NCAN J• A&JANICE LEE OREGON STATE OF 784 ► f ESTOVER SQ DEPT OF TRANSPORTATION P•-T •'D,OR 97210 RIGHT OF WAY SECTION 355 CAPITOL ST NE RM 420 SALEM,OR 97301 2S112DC-01400 2S113AB-00600 JDS LLC& PACIFIC REALTY ASSOCIATES SANTA FE INVESTORS#1 LLC ATTN: N PIVEN 8905 SW NIMBUS AVE#400 15350 SW SEQUOIA PKWY#300 BEAVERTON, OR 97008 PORTLAND,OR 97224 2S11200-00400 2 113AA-00600 KAUFMAN LOTTIE L& PIFIC REA " ASSOCIATES SUBOTNICK RUTH ET AL ATTN: • P N BY PACIFIC REALTY ASSOCIATES 15351 EQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300-WMI '•RTLAND, +R 97224 PORTLAND,OR 97224 2S112DC-01800 2 112DC-00201 NADEAU ANDRE R TRUSTEE PA FIC REAL "Y ASSOCIATES • 7774 VLAHOS DR ATTN: • P . N WILSONVILLE,OR 97070 1535' :n QUOTA PKWY#300 P' 'TLAND,O' 97224 2S 112DC-01700 S112DC-00701 NADEAU LINDA P .IFIC REA ASSOCIATES 7409 SW LOCUST ST ATTN: ' EN . TIGARD,OR 97223 153 ! • EQUOIA PKWY#300 •RTLAND, - 97224 2S113AB-00300 2S11200-00200 OPUS NORTHWEST LLC —•CIFIC R • TY ASSOCIATES 10350 BREN ROAD WEST ATT' VEN MINNETONKA, MN 55343 153 % S SEQUOIA PKWY#300 •RTLAN•, OR 97224 113AB-00500 - 113AB-00101 OP NO WEST LLC PA■ IC RE• ASSOCIATES 1035 N ROAD WEST ATTN: ' VEN NETON MN 55343 153 • EQUOIA PKWY#300 •RTLAND, 97224 • 2S112DC-00500 • 2S113AB-00100 •CIFIC R TY ASSOCIATES WASHINGTON COUN A VEN Go PACIFIC REALTY TRUST 153 W SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300-WMI ••RTLA D, OR 97224 PORTLAND,OR 97224 2 113AB-01201 PA IC RE: ASSOCIATES ATTN: \ -IVEN 153 • S ■ SEQUOIA PKWY#300 ••RTLAND,OR 97224 2S1 12 DC-00100 CIFIC R • TY ASSOCIATES A s: `IVEN 15 •1 ,W SEQUOIA PKWY#300 •RTLA 4, OR 97224 2S1 12 DC-00200 P• IFIC RE: TY ASSOCIATES ATT • N - VEN 153 e ` SEQUOIA PKWY#300 a RTLA 4,OR 97224 2S113AA-00500 CIFIC RE TY ASSOCIATES A : N VEN 1535 W SEQUOIA PKWY#300 P RTLA ,OR 97224 2S113AA-00400 PA IFIC RE TY ASSOCIATES ATT • N ' EN 15350 SEQUOIA PKWY#300 • P%`TLANI,OR 97224 • 2S1 12 DC-01500 REHAM 1 LLC& DEC INVESTMENTS LLC ETAL BY C&R REAL ESTATE SERVICES CO 1440 SW TAYLOR PORTLAND,OR 97205 2S112DD-00500 SUBOTNICK RUTH& SIEGEL LOTTIE BY PACIFIC REALTY ASSOC 15350 SW SEQUOIA PKWY#300-WMI PORTLAND,OR 97224 2S1 12D D-00300 TIME OIL CO P 0 BOX 24447 SEATTLE,WA 98124 2S113AB-00200 VITA LAETA LLC 16045 SW UPPER BOONES FERRY RD TIGARD,OR 97224 Nathan and Ann Murdock Mildren Design�oup PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 6-Aug-07 • • CITY of TIGARD • I ..) AR EA N OT I F 1 ED !!! • .** •. • C)R 0 Air ?1.,,tg:TO.:61■Q f.110 Put-4)min se tote information • is valid t months from the date plotted en thin math • nonent :1•.•,•,•••• tr.if •.••••• ,•••••.;.f. • • SITE 1319.13■11759 K1111248i16/41 • 41)-0 ItC.1 :4.1) t,0 .. pmaamm,,eaffomma< ••■■•• • •• •.•• Worn. ••••:••••••:::::•••••;:f;:;:;:;: • • • .• ••••„:::ff.::::::::•14:1:!:::1F•fi • • .. .• . . : . •.•: - . . •*,..• •••11••::ty rf••••:,•••••fkiffiliei•:!. ••••••:•ff.,!LI jff". •f. , '4%0: • • iff•••1•41;••.••••;;Irici tett 25113AB-01000 • 113AB-00301 • B&R INVESTMENTS OP NO WEST LLC 16255 SW UPPER BOONES FERRY RD 1035 ROAD WEST TIGARD,OR 97224 NETON ,MN 55343 2 113AB-00700 2S113AB-00501 B& NV MENTS 0 S N HWEST LLC 1625 PPER BOONES FERRY RD 1035 EN ROAD WEST ARD, OR 224 NETO ,MN 55343 2S113AB-00800 - 113AB-0020 DUNCAN JOHN A&JANICE LEE O•• No HWEST LLC 784 NW WESTOVER SQ 103 ! :"EN ROAD WEST PORTLAND,OR 97210 NETO ,MN 55343 2S 113AB-01600 1 S 135C B-00800 D.NCAN J• • A&JANICE LEE OREGON STATE OF 784 ► f ESTOVER SQ DEPT OF TRANSPORTATION P•'T •D,OR 97210 RIGHT OF WAY SECTION 355 CAPITOL ST NE RM 420 SALEM,OR 97301 25112DC-01400 2S113AB-00600 JDS LLC& PACIFIC REALTY ASSOCIATES SANTA FE INVESTORS#1 LLC ATTN: N PIVEN 8905 SW NIMBUS AVE#400 15350 SW SEQUOIA PKWY#300 BEAVERTON,OR 97008 PORTLAND,OR 97224 2S112DD-00400 2 113AA-00600 KAUFMAN LOTTIE L& PA• FIC REA • ASSOCIATES SUBOTNICK RUTH ET AL ATTN: ' P ' N BY PACIFIC REALTY ASSOCIATES 15350 EQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300-WMI '•RTLAND, •R 97224 PORTLAND,OR 97224 2S112DC-01800 2 112DC-00201 NADEAU ANDRE R TRUSTEE PA. FIC REAL -Y ASSOCIATES 7774 VLAHOS DR ATTN: • P N WILSONVILLE,OR 97070 15350 :n QUOIA PKWY#300 P' 'TLAND,O' 97224 2S112DC-01700 S112DC-00701 NADEAU LINDA P •IFIC REA ASSOCIATES 7409 SW LOCUST ST ATTN: \ ' EN TIGARD,OR 97223 153 ! EQUOIA PKWY#300 •RTLAND, 97224 2S113AB-00300 2S112DD-00200 OPUS NORTHWEST LLC ' •CIFIC R TY ASSOCIATES 10350 BREN ROAD WEST ATT•- ., VEN MINNETONKA, MN 55343 153 % S SEQUOIA PKWY#300 '•RTLAN•,OR 97224 113AB-00500 - 113AB-00101 OP NO WEST LLC PA' IC RE ASSOCIATES 1035 N ROAD WEST ATTN: • VEN NETON MN 55343 153 . EQUOIA PKWY#300 '•RTLAND, c• 97224 2S112DC-00500 • 2S113AB-00100 • CIFIC R TY ASSOCIATES WASHINGTON COUNTY A VEN do PACIFIC REALTY TRUST 153 W SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300-WMI RTLA D,OR 97224 PORTLAND,OR 97224 2 113AB-01201 PA IC RE: ASSOCIATES ATTN: • 'IVEN 153.• S SEQUOIA PKWY#300 •RTLAND,OR 97224 2S112DC-00100 CIFIC R • TY ASSOCIATES A \: 'IVEN 15 s W SEQUOIA PKWY#300 •RTLA ',OR 97224 2S112DC-00200 P• IFIC R : TY ASSOCIATES ATT"• VEN 1535! SEQUOIA PKWY#300 RTLA 9,OR 97224 2S113AA-00500 CIFIC RE TY ASSOCIATES A : N VEN 1535 W SEQUOIA PKWY#300 P RTLA ,OR 97224 2S 113AA-00400 PA IFIC RE^ TY ASSOCIATES AU • N EN 1535. SEQUOIA PKWY#300 Pc'TLAN•,OR 97224 2S112DC-01500 REHAM 1 LLC& DEC INVESTMENTS LLC ETAL BY C&R REAL ESTATE SERVICES CO 1440 SW TAYLOR PORTLAND,OR 97205 2S112DD-00500 SUBOTNICK RUTH& SIEGEL LOTTIE BY PACIFIC REALTY ASSOC 15350 SW SEQUOIA PKWY#300-WMI PORTLAND,OR 97224 2S112DD-00300 TIME OIL CO P 0 BOX 24447 SEATTLE,WA 98124 2S113AB-00200 VITA LAETA LLC 16045 SW UPPER BOONES FERRY RD TIGARD,OR 97224 , Nathan and Ann Murdock • Mildren Design PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 6-Aug-07 CITY OF TIGARD SAN COMMUNITY DEVELOPMENT DEPARTMENT 08 PLANNING DIVISION a✓6Ty0F �t , 13125 SW HALL BOULEVARD �LAAl�lll??P'« , �� � TIGARD, OREGON 97223 ' �� 11fli BRING PHONE: 503-639-4171 FAX 503-624-3681 (Attn: Patty/Planning) EMAIL pattyCa)tigard-or.gov I REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP&TAX LOT NUMBERS (i.e. 1S134AB,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: g-S l 13 6 ',200/60/6-a) / a • w _ -_ %. --, ?i woe/ 02 97 ..% /<037 set) G ,8oc�.es /GoB' s _ _1 �r�ry ,C�! T d/L 9222V - - desires PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL. BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS, PLEASE INDICATE THAT YOU NEED 2 SETS OF LABELS. Aeee.A. ,Z, stets of LG.6e./s The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTACT PERSON:Bri'a,ti Lass(.4e / PHONE: 5.03- 5/9-'/7/5 NAME OF COMPANY: oPclS west FAX EMAIL: A.--taw,/ c arc//&aPiesAw,co,,•, This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person listed will be called to pick up their request that will be placed in "Will Call" by the company name (or by the contact person's last name if no company) at the Planning/Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up,as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING. LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. • Cost Description: • $11 to generate the mailing list,plus$2 per sheet for printing the list onto labels (20 addresses per sheet). Then,multiply the cost t( print one set of labels by the number of sets requested. - EXAMPLE - - COST FOR THIS REQUEST - I 4 sheets of labels x$2/sheet=$8.00 x 2 sets = $16.00 �.sheet(s)of labels x$2/sheet =$ 7 x sets = D._ i 1 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 1_sheet(s)of labels x$2/sheet for interested parties =$ xci sets = GENERATE LIST = $11.00 GENERATE LIST = $1 0O TOTAL = $31.00 TOT• _$ OD 2S113AB-00500 ^ �j OPUS NORTHWEST LLC 1 d� Q d w�2/i(W Y b 51 10350 BREN ROAD WEST /�� MINNETONKA, MN 55343 Q` ii,cc 2S113AB-00300 OPUS NORTHWEST LLC 10350 BREN ROAD WEST MINNETONKA, MN 55343 2S113AB-00200 VITA LAETA LLC 16045 SW UPPER BOONES FERRY RD TIGARD,OR 97224 LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = 6/ 2008 FILE NO.: VARIANCE (VAR) 2007-00049 FILE TITLE: FANNO CREEK PLACE SIGN CODE ADJUSTMENT APPLICANT: OPUS Northwest,L.L.C. Attn: Brian Laswell 1500 SW First Avenue, Suite 1100 Portland, OR 97201 OWNER 1: OPUS Northwest,L.L.C. OWNER 2: Vita Laeta,L.L.C. 10350 Bren Road West 16045 SW Upper Boones Ferry Rd. Minnetonka, MN 55343 Tigard, OR 97224 REQUEST: The applicant is requesting approval for an Adjustment to the sign code to install a second free-standing sign within a commercial development consisting of interior lots. LOCATION: 16037 SW Upper Boone's Ferry Rd.;Washington County Tax Map 2S113AB,Tax Lot 300. 16045 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB,Tax Lot 200. 16083 SW Upper Boone's Ferry Rd; Washington County Tax Map 2S113AB,Tax Lot 500. ZONE: 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, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design 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 18.390, 18.370 and 18.780. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV COMMENTS WERE SENT: FEBRUARY 12,2008 COMMENTS ARE DUE: FEBRUARY 26,2008 ❑HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑CITY COUNCIL (TUES.) DA l'E OF HEARING: TIME: 7:30 PM ® STAFF DECISION (TENTATIVE) DA'Z'E OF DECISION: MARCH 4,2008 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT E STYE PLAN ❑ ARCHTl'ECTURAL PLAN ® IMPACT STUDY • NARRATIVE ® SIGN DRAWINGS Z OTHER: STAFF CONTACT: Cheryl Caines,Associate Planner (503) 639-4171 Ext. 2437 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard R 97223 II T`I GARD� a February 6, 2008 Brian Laswell OPUS Northwest 1500 SW 1st Ave. Portland, OR 97201 RE: VAR2007-00049 Fanno Creek Place Sign Code Adjustment Dear Mr. Laswell: The City has received all materials necessary to review your application originally submitted on December 26, 2007 for a Sign Code Adjustment (VAR2007-00049). This adjustment is requested to allow two freestanding signs within a development that is only permitted one through the Tigard Sign Code. The formal comment and review process will now begin and typically takes 4-6 weeks to complete. If you have any questions regarding the project review, please call me at 503-718-2437. Sincerely, Cheryl Caines Associate Planner cc: VAR2007-00049 Land Use File Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 City of Tigard, Oregon • 13125 SW Hall Blvd. • TigarcR 97223 I1 4T IGARD2 January 15, 2008 Brian Laswell OPUS Northwest 1500 SW 1st Ave. Portland, OR 97201 RE: Notice of Incomplete Application Submittal-VAR2007-00049-Fanno Creek Place Sign Adjustment Dear Mr. Laswell: The City has not received the information necessary to begin the review of your sign code adjustment application. The development site is located near the intersection of SW 72nd Avenue and Upper Boones Ferry Rd (tax parcels 2S113AB-00200/00300/00500). This letter is to inform you that additional materials will be needed in order to deem your application complete. The necessary materials are as follows: 1. Two (2) additional copies of the narrative. 2. Submit two sets of pre-stamped, pre-addressed envelopes. Property owner list must be produced by Patty Lunsford in the Planning Department, 503-639-4171, ext. 2438. I have enclosed a copy of the label request form. If you have any questions about the above comments, please contact me at (503) 718-2437 or cherylc @tigard-or.gov. Sincerely, °I4j24-1 Cheryl Caines Associate Planner c: VAR2007-00049 Land Use File Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 LAND USE APPLICEION Project: V o s oo 0 COMPLETENESS REVIEW n COMPLETE 1' INCOMPLETE STANDARD INFORMATION: ,J Deed/Title/Proof of Ownership • ■ -•--•• ... • .. - - •..• -• -,, • . - - a-- C ;;- _ •_• u. e e rove er e er ❑� nstructi a■ Enveloses 'hfosta•- eri Count) ❑ a #Sets Of Application Materials/Plans-"Paper Copies" ■ `re-'pp Ica ion oniT rence-Not- ❑ #Sets Of Application Materials/Plans-"CD's" PROJECT STATISTICS: -Footprint-Size ❑ °, - :.•:••: ..e--...1. Si - age PLANS DIMENSIONED: / 21.-Beitding-Fcretprint s;1 el I0c.a-E.1 1 '4144--.rpac�Dimensions( eeessybte-&sike-Parking) E -- •.•'-• •.- ._ •.e •- ler -Bending Height, s;1., D- Access Approach and Aisle N----- Visual Clearance Triangle Shown ADDITIONAL PLANS: Vicinity Map ❑ Architectural Plan UTT.,ree.tnypntc.' ❑ Landscape Plan )V/, J Site Plan ❑ Lighting Plan TREE PLAN I MITIGATION PLAN: WM_ ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports) El [El ❑ ❑ ❑ ❑ • RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.340(Director's Interpretation) ❑ 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) ❑ 18.350(Planned Development) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.360(Site Development Review) ❑ 18.715(Density Computations) ❑ 18.790(Tree Removal) ❑ 18.370(Variances/Adjustments) ❑ 18.720(Design Compatibility Standards) ❑ 18.795(Visual Clearance Areas) ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.725(Environmental Performance Standards) ❑ 18.798(Wireless Communication Facilities) ❑ 18.390(Decision Making Procedures/Impact Study) ❑ 18.730(Exceptions To Development Standards) ❑ 18.810(Street&Utility Improvement Standards) ❑ 18.410(Lot Line Adjustments) ❑ 18.740(Historic Overlay) ❑ 18.420(Land Partitions) ❑ 18.742(Home Occupation Permits) ❑ 18.430(Subdivisions) ❑ 18.745(Landscaping&Screening Standards) ❑ 18.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commercial Zoning Districts) ❑ 18.755(Mixed Solid Waste/Recycling Storage) ❑. 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situations) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.765(Off-Street Parking/Loading Requirements) ADDITIONAL ITEMS: I:\curpin\masters\forms-revised\land use application completeness review.dot REVISED: 6-Jun-07 I ec. APP LI C/FT7C1' J ('s) AND O ---E, CTh SU/VVV\ A Ry • • PRE- " 7 b BY: III CITY OF TIGARD PLANNING DIVISI 0 tA & LAND USE PERMIT APPLICATION° �'Gb . .. .t,,,, ,_ Ciuyof TiganiPernat Center 13125 SW Hall Blul, Tigirr� O 9�M,0 Ali(/, Phone 503.639.4171 Fax: 503.598.1960 N�►j�,� i tst File# d kg.a -DC Other('use# pue- pb-1obo !U•4P-dip- 07/0 "VQ Date 19.1.44e1(11 By S . Receipt# 1 SSS 2 Fee (lS.oz") Date Complete I TYPE OF PERMIT YOU ARE APPLYING FOR • [j'Adjustment/Variance(I or II) ❑Minor Land Partition(II) ❑ Zone Change(III) ❑ Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review(I,II or III) ❑ Zone Ordinance Amendment(IV) ❑Historic Overlay(II or III) ❑Site Development Review(II) ❑ Home Occupation(II) ❑ Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) 0037 / 1 (v o4-5/ I la o 53 6w LLg7er B3 ©., e 'i -R kd.. TAX MAPS&TAX LOT 67161I3i4C3 - ooaoc> /0056 TOTAL SITE SIZE ZONING CLASSIFICATION APPLICANT' OPa.5 /tic.rte+,.t.ers7 MAILING ADDRESS/CITY/STATE/ZIP /HONE NO. w .4 *.s. t , PorA'lrr►c l 0/Z 97 / £tk'-�- )1 Oo FAX NO. 503- 9/6-896Y 503- 9/6-8965/ PRIMARY CONTACT PERSON PHONE NO. gr. '+ G L$$& /e// Co 3-5/9-4/745 PROPERTY OWNER/DEED HOLDER(Attach list if more than one) MAILING ADDRESS/CITY/STATE/ZIP PHONE NO. FAX NO. '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 form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc THE APPLICANT SHALL CEtTIFY THAT: • ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. 2)1 Le --' I -- .v k, .07 • , s Sig tar Date • rw • "ner's Si:.' re • Date alt'r`--' ,/ . . , / 071,4-- 4=31 , . - . .. . Owner's Signatu Date I Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date • • Names and Addresses OPUS Northwest LLC John Bartell 1500 SW First Ave, Suite 1100 Portland, OR 97201 Phone: (503)-916-8963 Fax: (503)-916-8964 Van Beek& Co. Melanie Ditton 16045 SW Upper Boones Ferry Road Tigard, OR 97224 Office: (503)-693-4700 Fax: (503)-693-4747 CITY OF TIGARD 12026/2007 �► 13125 SW hail Blvd. 8:45:44AM • Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200700000000005554 Date: 12/26/2007 Line Items: Case No 'Tan Code Description Revenue Account No Amount Paid VAR2007-00049 [LANDUS] Sign Code Adjust 100-0000-438000 536.00 VAR2007-00049 [LRPF] LR Planning Surcharge 100-0000-438050 79.00 Line Item Total: $615.00 Payments: • Method Paver User ID Acct./Check No. Approval No. How Received Amount Paid Check OPUS NORTHWEST LLC ST 302811 In Person 615.00 Payment Total: $615.00 • • ckeecipi.rpi Page 1 of 1 • • The applicant intends to request approval of an adjustment to the sign code for the installation of a second free-standing sign at Fanno Creek Place. Fanno Creek Place is located at 15930 SW 74th Avenue. The property is zoned Industrial Park District (I-P) and is being developed with three office buildings for general office use which is permitted outright in the zone. The sign code allows one free-standing sign on sites in an industrial zone. TMC 18.780.130(F)(1). However, one of the office buildings is leased with an option to purchase to the Oregon State Bar(OSB) for its new headquarters and the OSB intends to install one free- standing sign which will only be used to serve the needs of the OSB. Therefore, the applicant needs to install a second free-standing sign to serve the needs of the other tenants of Fanno Creek Place. The applicant intends to request an adjustment under TMC 18.370.020.0 8.a(5) which authorizes an adjustment to the sign code for a second free-standing sign on an interior lot which is zoned industrial. The dimensional criteria for an adjustment are satisfied as long as both signs do not create a vision clearance problem or project into a public right-of-way and the combined height and area of both signs does not exceed 150% of the height normally allowed for one free-standing sign. The maximum height normally allowed is 20 feet with up to 22 feet allowed depending on how far the sign is setback. Therefore, the maximum combined height for both signs after adjustment is 30 feet and up to 33 feet depending on the setback. The maximum area normally allowed is 70 square feet per face or a total of 140 square feet for all faces, with up to 90 square feet per face or 180 square feet for all faces depending on how far the sign is setback. Therefore, the maximum combined area for both signs is 210 square feet and up to 270 square feet depending on how far the signs are setback. The OSB's sign will be 10 feet in height with a surface area of 105 square feet and will be located near the 72nd street entrance. The second sign proposed by the applicant will be 10 feet in height and has a surface area of 105 square feet. This sign will be located near the south entrance off of Upper Boones Ferry Rd. Neither sign will be located in a vision clearance area or project into a public right-of-way. Therefore, the signs will satisfy the dimensional criteria for an adjustment under TMC 18.370.020.0 8.a(5). In addition to the dimensional criteria, TMC 18.370.020.0 8.a(5) also requires the Director to review the signage for its relationship to the intent and purpose of the sign code in Chapter 18.780. The applicant would be pleased to work with and entertain advice from the planning staff to ensure that the signage for Fanno Creek Place meets this requirement. RE1E VE DEL ® 6 2008 ACITYOF FIGA D 1 C:\Program Files\Microsoft Office\Templates\Normal.dot • • STATEMENT IN SUPPORT OF ADJUSTMENTS TO SIGN CODE (TMC 18.370.020 C.8) Applicant : Opus Northwest LLC 1500 SW First Avenue, Suite 1100 Portland, OR 97201 Contact: Brian Lasswell . ; ^` � [�ED Ul�`v� `� t • Owner: Opus Northwest LLC DEC 0 6 2008 1500 SW First Avenue, Suite 1100 Portland, OR 97201 ��-� �� §�i�aG Contact: Brian Lasswell PLR����� ?,ti��9 ����� ��J� Applicant's Representatives: Ball Janik LLP 101 SW Main Street, Suite 1100 Portland, OR 97204 Contact: Dana L. Krawczuk Request: Approval of an adjustment to the sign code for a second freestanding sign to be installed at Fanno Creek Place. 1. INTRODUCTION The applicant requests approval of an adjustment to the sign code for the installation of a second sign at Fanno Creek Place. Fanno Creek Place is located at 15930 SW 74th Avenue and 16045 and 16075 SW Upper Boone's Ferry Road (the"Site"). The Site is zoned Industrial Park District (I-P) and is being developed with 3 office buildings for general office use which is permitted outright in the zone. Fanno Creek is designed as a high quality Class A Office Space development with great amenities, visually appealing architecture, and carefully designed landscaping. One of the office buildings is leased with an option to purchase to the Oregon State Bar for its new headquarters. The Oregon State Bar intends to install a single freestanding sign (the "OSB sign") on the Site for its headquarters. Under the sign code, one multi-faceted free standing sign is permitted on the Site. TMC 18.780.130.F(1). However, the applicant requires a second free-standing sign because the OSB sign is insufficient to identify and provide notice to the public of the other tenants on the Site. Therefore, the applicant requests an adjustment to install a second free-standing sign (the "proposed sign") on the Site to meet the needs of the other tenants of the Site. An adjustment to the sign code for a second free-standing sign is authorized by TMC 18.370.020.0 8.a(5) and the proposed sign complies with all applicable criteria. 1 ::ODMA\PCDOCS\PORTLAND\589444\1 • • A Site plan is attached to this application which depicts the location of the proposed signage in relation to the office buildings, parking lots, and adjacent streets at the Site. 2. ANALYSIS A. Adjustments to sign code (Chapter 18.780) (TMC 18.370.020.C.8) (1) By means of a Type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the sign code based on findings that at least one of the following criteria are satisfied: (TMC 18.370.020 C.8.a) (a) The proposed exception for a second freestanding sign on an interior lot which is zoned commercial or industrial is appropriate because all of the following apply: (TMC 18.370.020 C.8.a(5)) Response— The Site is zoned I-P and the proposed sign will be installed at the north entry. An interior lot is defined as a "lot other than a corner lot and having frontage on only one street." TMC 18.120.030.A.90(f). The location of the proposed sign qualifies as an interior lot because it is located at the south entry set back approximately 15' from the street. Since the proposed sign will be installed on an interior lot and the Site is zoned I-P, it is eligible to meet the criteria for an adjustment under this Subsection. As explained below, all of the applicable criteria are satisfied. (1) The combined height of both signs shall not exceed 150% of the sign height normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district; (TMC 18.370.020 C.8.a(5)(a)) Response - The maximum height normally allowed for a freestanding sign in an industrial zone is 20 feet, with an additional foot for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 22 feet in height. TMC 18.780.130.F(e). The proposed sign will be 10 feet, the OSB sign will be 10 feet, and the combined height of both signs will be 20 feet. Therefore, this standard is satisfied. (2) Neither sign will pose a vision clearance problem or will project into the public right-of-way; and (TMC 18.370.020.C.8.a(5)(b)) Response - The OSB sign will be installed near the north entrance. The nearest public right-of-way is the sidewalk running along Upper Boones Ferry RD and the OSB sign will not project into this right-of-way. Furthermore, the proposed sign will be installed at the south entry which is 15 feet from the face of the public sidewalk. Therefore, the proposed sign also will not project into a public right-of-way. Vision clearance areas are governed by TMC Chapter 18.795 which generally requires that a site maintain a clear vision area on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. As indicated on the site plan, neither sign will be located within a vision clearance area. Therefore, neither sign will pose a vision clearance problem and this criterion does not apply. Total 2 ::ODMA\PCDOCS\PORTLAND\589444\1 • • • • combined sign area for both signs shall not exceed 150% of what is normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district (TMC 18.370.020 C.8.a(5)(c))c Response - The maximum sign area normally allowed for a single freestanding sign in an industrial zone is 70 square feet per face or a total of 140 square feet for all sign faces. TMC 18.780.130.F(c). An additional square foot of sign area is allowed for each lineal foot of setback from the property line or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 90 square feet per face or a total of 180 square feet for all sign faces. TMC 18.780.130.F(d). Here, the proposed sign will have 4 faces with 26 square foot faces for a total of 105 square feet. The OSB sign will have 4 faces and 26 square foot faces for a total of 105 square feet. Therefore, the total combined sign area for the proposed sign and the OSB sign is 26 square feet per face and 210 square feet for all faces and this standard is satisfied. (2) In addition to the criteria in Subsection a above, the Director shall review all of the existing or proposed signage for the development and its relationship to the intent and purpose of Chapter 18.780, Signs. As a condition of approval of the adjustment, the Director may require: (TMC 18.370.020 C.8.b) Response—The purpose of the sign code in TMC Chapter 18.780 is provided in TMC 18.780.010. Stated broadly, the purpose of the sign code is to ensure that only high quality, safe, and visually attractive signs are approved in a manner that accommodates the interests of sign users and the general public. The applicant proposes a second freestanding high quality sign that is necessary to serve the needs of the other tenants of Fanno Creek Place and designed to integrate with the design and architecture of the office buildings and the OSB sign. Furthermore, the proposed sign will be designed and installed to avoid conflicts with public right-of-ways and vision clearance areas while allowing the general public to easily read the sign from adjacent right-of-ways. Finally, the proposed sign will comply with all applicable criteria of Chapter 18.780. Therefore, approving this adjustment for the proposed sign is compatible with the intent and purpose of Chapter 18.780. (a) Removal or alteration of nonconforming signs to achieve compliance with the standards in Chapter 18.780, Signs; (TMC 18.370.020 C.8.b(1)) Response— There are no nonconforming signs on the Site. The applicant intends that both the proposed sign and the OSB sign will comply with the standards in Chapter 18.780 in all respects. (b) Removal or alteration of conforming signs to establish a consistent sign design throughout the development; and (TMC 18.370.020 C.8.b.(2)) Response—The only signs on the Site will be the OSB sign and the proposed sign. To ensure a visually attractive and harmonious development of the Site, the proposed sign 3 ::ODMA\PCDOCS\PORTLAND\589444\1 • y • • will be designed and installed in a manner consistent with that of the OSB sign. Both monument signs will have a brick base and stucco shell to match the exterior of buildings A and B. (c) Application for sign permits for signs erected without permits or removal of such illegal signs (TMC 18.370.020 C.8.b(3)) Response—This criterion does not apply because there are no signs on the Site erected without a permit. 3. CONCLUSION The criteria for an adjustment to the sign code are met by the proposed sign and the OSB sign. Based on the foregoing, we request approval of this adjustment to the sign code for a second freestanding sign to be installed at Fanno Creek Place consistent with the findings herein. 4 ::ODMA\PCDOCS\PORTLAND\589444\1 i rauRG RAIL'RETUNING WALL /' ,.. , h .1 N89 2T18-E 3.8.45' UNDER rI UME // / 4I • �.—•--- — .---- ii • Opus Architects' e i /� \ nc2. / • .g)IIIL,-; 1„...._.4 , ' ./. ,:x...M1.1 kw..Sib MO Milord.OR Val (S0.3)filt-111113 (SST)111-119S1 tw Z . Aftrimir t is �a: I �� j' / . A141110111110W vI ny ` _ O 6•e •Ne9$c'J��.9q'S�a5-E��``�` . //• 4/ -Q.fi''''. 00 1. _ 6511E RECOIO r/•;• +• ' _ iNc ��.. Sign Permit op. or / .. , 4:141b ... o 1„,,.......... ,, , yip . I/4\ „Ns , ii\ ° �''`'' Enlarged Site Plan 1/8,, mil► o I • y so�wmr 1111P' • �A= �� /s sa�s' .,,/ SGG 2Xl-1i bi'� A -Fir ?_,KG•a-I- 1OGa#,ohS f�,N , ...„,. .. ,.. oilip Q— _ O s O ;♦ A ® ♦ _�'►�� \ / PPGECraIEaDt • .. / ./ .... Oat March 23,2007 / \ '• / OROYMBI JRB OECKEDIrr / JRB •Errors may occur in the transmission& / responsible for arty corms.damages Or �'�`` .•'�� // e�.rtxserm6tganctdWWUafllaheaa» 4\4, '/�• ``e, ,�,, __' },) _ // d O mronna,wrt mntaf,.d ti electron/ r" MOS. Wit •� ,,:' �_�=� // •electronic files tray not accurately reflect M the final eabum coalitions.n is the /�L ``;`;o�• ♦/ / / �� _ `��\ ' layouts.dimensions and other rte ated .(� / ■it� O information. 0 / / / ��� ����\ // •This documBM may not be used or `:o �� copied without poor written consent. UMW / ‘.. ., F %: / S,x./...,,,,"4.„....L......./............. ,`. ;• ' = \ ..4-111111- --- Opus,Northwest L.L.C. PROECT :\ y y \ 'y'► ,soo v fie a.sr nm IC:1 :..� `.` K. Pa�„f w 1174, RIM WNW i \ ..® ��, North ".1.111.:4111111a Fenno Creek - , 4 Place ., (--c ,\::c\<<< / 0 40' 80' 160' ^^ '°°° Tigard,Oregon . sEfTTrtte SITE PLAN - SIGNAGE 40' Enlarged Site Plan ��� �� �` {c,�� ��°�1 /8" Sie�Pga • c=an !\(��D�P,�.n�,.e_•.: . See- exli,6,'f A -{rr e�cac-7 l0 ca liaes SEEtaslER Al . L • • F • • _ e OPUS. Opus Architects& © 0 © Engineers,Inc. 7 ® ® z • „y ,L S i nW .•�,;. II Come 13m 5.01 201 3m.IIm I 1 1 11 11.1:1,1-5963 ISm.a.n nml 111 1 H11N CanalpbYatlbeW hAtl b -.-• ! - {— _ ; 6 .; ' III b h. latereel Wet..1..0 drT M.ro.Mb lig •© ,1 '1.,- ..1' - 1. ~1 `) IECSTRATKIN ems M MO. L •d -�L Caw Gd.T,p Acted Soled )'� 11...-� �{ . eenN,dls,lN,1n � -! I"1 1 - kaRpSa•.0 -1 —. r� 1 RI FPAN O CREEK _ gi� O CREEK ztrr.W uwl N. .'_r _ ■.I� 1�'A QQQE �. • ��b� FoKNapapry,h,- °m i ` Or `• - N = -� ' tate r I„ -- --r-=..a_=_ h �_°=====r-` -r aaaMmw.aeke II I i T«wN2w. 1w brick. •-__ _:f:::oe::__ =e..==_.�=e::=c=; TMC ,Obi ..I.. ham*tmbaM sNiA as • I i T..3 Ana pep Ironing -��' • dT+N sub.maned heel : : Pm:Weems Sew.Waco der le reahvMel beet _ /`/`.T/`/` _ �^^...^�/`__�� (Tat eLtp+Ohprf- -I Wr pump taiga healed fir. ! 1 .--� I 1_ TT BOU) -. i, Tin trick ..ffi.ld r b W ----- -'.-_ `;-- .__ _ I t, I• b bode DiilH b I ' H 4 I b r y I , TM trick rdm•eem.a • Lm learns 0..mb I 1 k r ! t ' recd.Pin bH. a 04. ..i i "' deem - ~ i _ d n.. ~ 4 4 � 4 r ;.. ..I I > I I I i ; : t 1 1 f'l .. � : TNb suN • - It I --•- --�--�- --�--� Sign Pemr t i TNntddo. ri I! tlM 1 1 t f 1 1 16 WG.1.Mahe;0Cw he. i 16 GA GL fbeig0nvtlp� j - i 1— _..—I_ h —} • Artlmrrw lH 3br.ar Sri eem.d am. Sri ae..d.rrc endorser na.ey Stuiral ®. I. 11 _ b 4 Gndr lice-3.O.10•'9s `. - J .i ! - •- ! - - Gods UU-Sw CIA Dope I 1 1 • t 1 1 .dRi4ie 4 T i I i 4 edR.t6eie 1 1 1 ' DESIGN MASER —` T T T '-1' PROTECT wutEa 1 34• 1� L L L I 7J• I PRO] March 23,2007 PROEM.ppGEa ® Sign Section a Street Elevation Side Elevation c Rear Elevation 0 Sign Section CRAwx 1T JRB A1.2 DECKED m JRB •Errors may occur in the transmission of electronic yes.The Opus cumpardes ore not Z-9}5. responsble for any claims.darnages or Calve Gd.Tm expenses wising can a1 Na unauthorized use p��. 7'.• T�]�. of the information contained In electronic zay' rd/e' TY' IA' TM tl1,1101 see e, Maw. .rbeMeTret bowl `� �_ _� �i.trl bneM ells I,1y I i •1 Electronic ass-bustycono1rwnlons�ranee H i I !!� I��i Itp tp! responsibility of the user m verify an layouts,dimensions and other related WNOeal.Faiee UP pole*.IM= I - Sti^Y b. Information. Y M ar � I_- _ Eaentlyn em Emnalpp"em •This document may not be used or I•Tir letk-TM.a er H i I._ �, We}bo I lii' copied without prior written consent. ma 0edbna'no i I- -I Sboi.Lane TO. Oel Ayoe reserved dV mason.) I TIir M!-TMM. weM beam hoed _ — r�y.. _ ..._..._ bw.l.4-4-0 m, 1y W Edr4440,t. ITT -fin C.4,40.d.e..44 ó'pus.-- 1110.^e.erYl Iel 3II1,�.bo alU Ll_� „,._'I ' '�' ! ._1, 1i� ea BbFh Mae YidalM]h mal .0_46. ea Bab• Opus,Northwest L.L.C. el Sign Section Sign Section e Sign Section 1303 A fhr Sm.Srb,Ins • (503)6 -0163 117701 (SOS)11/-01U Sd 116-t1M in 4 PROJECT Fanno Creek Place we"'° Tigard,Oregon SIEET TIRE Signage e OPUS, FANNO CREEK PLACE SIGNAGE 3/4” = 1 '-0" Details Opus Architects& Engineers, Inc. Tigard, Oregon SIEET RIMIER Al .2 L ' � ` ' �N�� ��� * �n��e�pm� ��� ��� December 2007 /' l _-__-____- \K ) \\ o\ • \ ___'______�� 1 • • m '4j94 / ^,, SIGN r, III�__ ' ' PROP R0V ' NI �_-_ ' -- - PROP R: ____ . A .416 30' I 30' VMIIIIIImt NW 11WM., 30' 1 30 II 'I v//4".1.11171 _ _ _ ___,, o_ L_____ EX. R/N/ y w p)4,1 IN -- -- -- � -- -- _. P.,,, mall'''.■ CD 0 ���' ��� ' ' I I CD (...) _______ _ -- | avv UPPER aOOwsS FERRY Ro -- - |4+OO 5f00 | gAi'«0• -f - - | - - | _ _ I _ — --- - ' _ _ _ -- __- _ _ � |.6 SW UPPER BOONES FERRY RD /e __''s i fl _ _ _ _ _ _ _ _ _ __ . `. \-- ///:/-"-/7'' 0. � /, � _.::::::::::--- � \ ) / N CI \ II II / �� , / ' \ lN `�� �� �� / Ii f � �� � . / ti i on / / � � / / 0---- / oo co co / / V / / fill � / To- SCALE ^ 11 mi■ moo u uu 40 co co co FANNO CREEK PLACE FIGUFIGURE� ` SIGHT DISTANCE T|GARD. OREGON\` ���' ��n�'ELsOm�&��ssOCwn'ss,INC. ��� rn^wsponr^rmws~sINssnms/ pL^wmwa • /1/0 OPUS Opus Group •roject ® Architects,Contra s,Developers Date By G X h,.4,./ A Sheet of //4/f*-/ S-I A! ( 1 1111111 ■ ■■■■■■■■■■■■■■ ■■■■■ ■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■ IMMINIMMEOMMEMMOMMIMMINIMMM MMEMPERIMMOMMEM MEMMEMMEMEmmomm BRIM ■■■■r ■■■■■■■■■■■■■■ i■■■■■■■■ ■■■■ ■■■■■■■■■■■■■■ l■■■■■■■■ ■■■■ ■■1111■■■■■■■■ ■e1111111 111 ■ ■■■■■t■■■ 1111■■ ■ ■1111 ■11 1111 ■ ■■■■1111■■■■t ■■■■■■■■ ■ ■■■■■■ 1111 ■■■■■■■■■■■ 1111■ 1111 / ■■ �. i.'rfiJ' 1111 �.....� 30 �.�..._���:x.{ ;�:� 1111 1111■■ ■■ ■■ua ■■■■■■ ■■■■■■■ MMEMINIM MIMMOMMOMMEEMMINIMEM a.... ■ _.■■■ ■■ ■ ■ ■■■■■■■■■■ L.6_ 17 s__ ! _ 1 4 i ■■ • IMMEMMEMMIMMI ■■■■■■■■■..■■ ■ ■■ ■..■■■■■ IIIIMEMMEEMERM ■ 1111■■■■ ■■■■■■■ ■I ■■■■■■ ■■■ ■ �■■ ■■ ■■■■■■■■■I■■■■■ ■■■■ ■ ■■■■■ ■■■■■■■■■ ■■■■■ 1111■■ 1111■■■ ■■■■■■■■ ■■■■■■■■ ■■ ■■■■■ ■■■■■■■■ ■■■■■■■ ■■■■■ 1111■■■ ■■■■■■■■■.1111■■■■ ■■■■■ ■■■■ 1 ■11■■■■■ �,_,,_� ;r ■ ■■1111 i R'. ■■■■■■■ ■ ■■■■ ■■ ■■ ■ ■■MM ■ ■ ■ ■■■■■■■■ ■■■■■ ■■ 11■■■■■■■■■■■■■■■■■ ■1111■■ ■■ ■■■■■■■■■■■■■■■■■■ ■■■11■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■ • • Mounment Sign Heights and Surface Area Height Allowable Allowable Setback Surface Area Allowable Allowable Setback Sign 1 10' 20' 22' 105SF 140SF 180SF Sign 2 10' 20' 22' 105SF 140SF 180SF Total 20' 30' 33' 210SF 210SF 270SF 'Ka . \At DEP I cirrioNf - s • (Washlnounty,Oregon 2007-117247 .1 11/08/200110:33:32 AM D-DD Cnt=1 Stn=B C PFEIFER S , $20.00$5.00$11.00•Total=$38.00 111111111 Ill II IIIIUI I I III II I I II 01184775200701172470040045 RETURN RECORDED i,Richard Hobernlcht,Director of Assessment and Taxation and Ex-Officio County Clerk for Washington ,, County,Oregon,do hereby certify that the within ,i "' • DOCUMENT TO: instrument of writing was received and recorded in the book of records of said eou real:CITY HALL RECORDS Rlahard oberniaht,Directo— r of Assessment DEPARTMENT, Taxation,Ex-Officio County Clerk • CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 CORPORATION FileNo. ZDV.- 2006 - I Oool DEDICATION DEED FOR ROAD OR STREET PURPOSES Space above reserved for Washington County Recording information OPUS NORTHWEST, L.L.C., a Delaware limited liability company, does hereby dedicate; convey and quitclaim to the public a perpetual right-of-way for street, road, and utility purposes on, over, across, under, along, and within the following described real properties in Washington County, Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances except those of record, they have good and legal right, convey the property as described above, and they will pay all , taxes and assessments due and owing on the property as of the date of this deed. The true consideration for this conveyance is $ 0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. 1 , '/ • • IN WITNESS WHEREOF,I hereunto set my hand on this day of S�fi Q ,2007. OPUS NORTHWEST, L.L.C. Name of Grantor Signat- Vice President-General Manager Suite 1100 Title 1500 SW First Avenue Portland, OR 97201 Address 10350 Bren Road West Minnetonka,MN 55343 Tax Statement Mailing Address (if different from above) OFFICIAL SEAL w ;�_ KRISTI GALLACHER \iL' NOTARY PUBLIC-OREGON STATE OF OREGON ) MYCOMMI SOON EXPIRES DEC.13,2008 County of Washington ) lam' This instrument was acknowledged before me on (. °2-/• v 7 (date) by: L)0 [ .(name(s)of person(s)) as V i'C-e 0°K.L5i de..n 74 - !/1? a s/ (type of authority, e.g., officer, trustee, etc.)of 0/714.1 A/07'Si* k).1 S7 42-1 (name of party on behalf of whom instrument was executed). ge,a-a Notary's Signature My Commission Expires: (a (3-Or Accepted on behalf of the City of Tigard this Wit_ day of S�}ebsrr , 2007. , Q - P- Ci engineer 2 - • . • • • P'i 2407 NE 292nd Avenue �rt 1' Camas, WA 98607 360.834.2519 fax.834.5498 {,'DEVELOPMENT chalcumb()verizon.net ' - A CERTIFIED WBE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Exhibit "A" Right of Way Dedication Legal Description February 14, 2007 A 22.00-foot wide strip of land, being a portion of Lots 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Number 99049066, Washington County Deed Records, situated in the Northeast �/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8" Iron Rod with a Yellow Plastic Cap Inscribed KC Development marking the intersection of the Centerline of Vacated S.W. Fanno Creek Place with the Northwesterly Right of Way line of S.W. Upper Boones Ferry Road, a 60.00 foot wide public roadway; thence along the Centerline of vacated S.W. Fanno Creek Place, N44°57'03"W, 22.06 feet; thence leaving said line, along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of said S.W. Upper Boones Ferry Road, N49°19'55"E, 21.58 feet to an angle point; thence continuing along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of said S.W. Upper Boones Ferry Road, N48°41'42"E, 504.56 feet to the Northeasterly line of that Tract of Land described in deed, recorded in Document Number 2006-128779, Washington County Deed Records; thence along said line, S42°36'45"E, 22.01 feet; thence leaving said line, along a line parallel with and 30.00 feet distant and Northwesterly from the Centerline of said S.W. Upper Boones Ferry Road, S48°41'42"W, 505.19 feet; thence continuing along said parallel line, S49°19'55"W, 20.06 feet to the point of beginning. Containing 11,565 Square Feet. The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. • v 1 .. s I r EXHIBIT A RIGHT OF WAY DEDICATION I LOCATED 1N THE NE 1/4 OF SECTION 13, I! 7=.100'too' TIGARD, WASHINGTON COUNTY, OREGON. I1 t O 35 - FEBRUARY 14, 2007 i e J� /0 39 PARCEL 2 � o , • Av.41 PROPOSEENT CASE-- 71,_,......, CO AD FIB UM I / / / MIS 2007-00001 S4236'45°E /41' '��`- i PARCEL 1 22ot' /,Q '� 36 WEsT �. 36 , OpuS�NOR� \ '°' \\ i 20p6-12B \ `'� c+e\ ASR \ 30' / �, \ `\ pARCEL 3 CO' \ i' '� ,* \\ 90'4\ / cR •kg6 o" 30 �\-1 • \ -'y\ �" °c�' 15y .5 o ��•\ 'ON/ 2200' WIDE ''( Ipti gam% P. N��G • \\ c\\ ADDITIONAL N� p %\ A\ R/11,565 3F ON Øq0 0 \ 5 \ JQe ` . `9n �N PREPARED FOR: \\ v-N4919'55°E I OPUS NW, L.L.C. \ 21.58' / 1500 SW FIRST AVENUE, #1100 \ \ e PORTLAND, OR 97201 \ \ PREPARED BY: \N4 4'57'031 4 -S49W55 20.06' KCD LLC 22.06'-/- P.0.8 2407 NE 292ND AVENUE CAMAS, WA 98607 S assessor.txt Assessor Information Tax Lot Number: 25113AB00500 Property Address: 0 Mailing Information: OPUS NORTHWEST LLC 10350 BREN ROAD WEST MINNETONKA 55343 Assessor Taxlot Size: 2.85 (Acres) Building Square Footage: 0 (Square Feet) Assessed Land value: $949750 Assessed Building value: $553960 Total Assessed value: $1503710 Last Sale Date: 10/30/06 Sale Price: $4534215 **** ASSESSOR INFORMATION **** Multiple Taxlots Tax Lot Number: 25113AB00200 Property Address: 16045 SW UPPER BOONES Mailing Information: VITA LAETA LLC 16045 SW UPPER BOONES FERRY RD TIGARD 97224 Assessor Taxlot Size: 0.65 (Acres) Building Square Footage: 0 (Square Feet) Assessed Land value: $253210 Assessed Building value: $588850 Total Assessed value: $842060 Last Sale Date: 10/01/07 Sale Price: $1600000 Page 1 • ; • •• •• . :•:: .... • • . ---•:: • •:::. i; •.::• • • ;;:: •---- -•• - •';;- ;.;; ..•AFTER RECORDING.RETURN.TO: Vita Laeta, L.LC Aftfl: MelnieDifton-- :;:. •::: :::::„:;:: ••• -•!': •• •-• !!!. .! - •••:- ::. •. ---- - - :!!! • • • - 1221 SE Madison Street • ---- --- 97214 Portland,OR: .- CERTIFIED-TO BE A:TRUE AND CORRECT:;;::::; - - ••• COPY OF THE.ORICINAL RECORDED::: --;; -- ------- -6(6) /P1/ :421 I) A CHANGE IS REQUESTED, ON • •„ „.. --- , ----- ; .: • SEND ALL TAX STATEMENTS TO . IN/AS t5 ..:Vita Laeta, L.L.C.--;:: " FIRST AMERICAN'TITLE INSURANCE' 16045 SW Upper BoloneS:Ferry Road:: -- ; •!!! COMPANY.Escro)4.Departrn&it .Tigard, OR 97224 :!-. ;!- !•• BY;; . ; ,!; -"--; ;-; ;•"' •;;;•--;;;;;; ; : STATUTORY!SPECIAL:WARRANTY:DEED: - - ;;: • 0P:UNORTHWEST,'L.4;C.ia:Dela*tareliitiited liability ObthpailY("Grantor"), conveys:and specially warrants to vrrA,LAETA:;;;L:LC., an Oregon liinited-liability company ("Grantee"),the Teal property-described on the attached Exhibit A:free of encumbrances created or suffered by Grantor, except as specifically.set forth on the attached Exhibit:B• ; •• ; t.; ; -- • • -- • " • • ; " BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON .• ;:::: - --- :TRANSFERRING:FEE'i'fILE'SHOULD:INQUIRE ABOUT THE-PERSON'S RIGHTS;:IF ANY,UNDER ORS.197.352: THIS INSTRUMENT DOES NOTALLOWUSE:OR THE ; " •• . .„ „. PROPERTY DESCRIBED IN THIS INSTRUMENT.IN VIOLATION OF APPLICABLE :. • - • !• •! LAND USE LAWS AND REGULATIONS BEFORESIGNINTOR:ACcEPTING THIS i• . • •INS TRUMENT!;THE;PERS ON:ACQUIRING:FEE:TITLE; THE PROPERTY SHOULD ..,:CHECK WITH THE APPROPRIATE CITY OR COUNTY:PLANNING:DEPARTMENT TO VERIFY APPROVED USES, TO:DETERMINEANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30930 AND TO:INQUIRE..; •-:. - ABOUT:THE:RIGHTS QF:NEIGIWORING PROPERTY OWNERS, IF ANY, UNDER .„:. • :;: •• -.• !:: -;:-. •;;;! -„ ;;;;;; ,! ••:•••• „;;;; ::;;,:. - - :-The:trueiand.actual:consideratiOn-fOr this conveyance is $1;600,000.00. :! ; ::• („,,- 1e,t 6 Peot [$ignature4;L:Foili*in- 134ge] :" ---" • ;;;. • '**' '*-- :" • ..";:" " -;.-: --; ;.:: 1 CADocumeata and"S Ottiligs\Omcailso \Local Sottiags\Ternporary Internet Hai\0 LKF7N1*: I. • • • •• • • • •• • • Dated. 1 ;2007 • ---- •-• - - •-•-• •••••• •••••••••••••••• •••••••••- ••••••• -- • TT •• • OPUS NORTHWEST,L.LC,a Delaware I -- - hnuted liability oompanj".... KRAHER OFFICIALSEAL --- -- NOTARY PUBUC-OREGON .•;: ----COMMISSION NO.387642 • - - : -- MY COMMISSION EXPIRES DEC.13,2008 • • . „ Title•:. - . . T T.• , :.".Vice Pre111:-nt-..General Manager -:--- - • ----- -- --------- - -.,„. „ „ .„ „, „-: „: : ; ;: ;:;- ... E.... STATE OF OREGON_ - ::-) . ':.; •." ---- •""''• "" "':- )ss. . COUNTY OF muL;TNomAH...--- : •' The fors- g instrument was acknowledged before me this Z 4--%day of - - • ----- 2007,-by".101-16,Ecti-reitt - -c-470.piis North west': ------ 13'.L.c;•;,-a Delaware limited liability:company,',on behalf of the limi company •-• •-•-• - - ..:„. . . •• •. • .• ..• ..•••• • ••• •• • •• • -• • ••••• • - 4 ----- Notary:Public for Oregon - .-.; -- -- My commission expires: --,12:13,0-47-_- - -..Conunissioil No.:. 7 041 • • " ": • - " ------- ;;;; - ; - - - - -- ::: • •• •••• •••• •••• ...• .• • •••• • ••.• •••• ••• •;• -•• s-„:„-• ss.s... s. -------- - • •--""'"":"• • • • • 2 ••• ---- ---- .,,,„•• „„•:,:::. ...:..::::: -----:ODMATCDOCSTORILAND\5852,61\1 - - - -- - • _ ":: ""- .; '• - • - - ;..: : ,:". • ' '' ' ::::: • " : • .1 s . . Exhibit A • :; •••••• LEGAL DESCRIPTION": Real,property In the County.of Washington',State of Oregon,:ciet.ctibe,d-as follows • PARCEL I!: •-• - - '1- A PORTION OF LOTS 35,36,38 AND 39,FANNO:CREEK ACRE TRACTS;.A:PLATOF RECORD IN • • • .. WASHINGTON,COUNTY;STTUATED-IN:THE sotrrHEAST:1/4 SECTION 12;AND THE NORTHEAST 1/4 OF "• .:• ;:i; .;:: SECTION.13,,TOWNSHIP 2 SOUTH,RANGE:1.MST,:WILLAMETTE MERI DIAN, .THE CITY,OF TIGARD :: : • : WASHINGTON,AND STATE OF OREGON;BEING MORE PARTICULARLY DESCRIBED ":; FOLLOWS: ".-.: : ;.: -"" ": • .:" ;-- BEGINNING AT A POINT ON THE NORTHEASTERLY LINE:Of THAT TRACT OF LAND DESCRIBEDIN - • • DEED,RECORDED AS FEE NUMBER 91063372,WASHINGTON COUNTY DEED RECORDS,"-WHICH BEARS•" S'42°36'45"E,"67.92 FEET FROM THE NORTHEAST CORNER THEREOF;SAID POINT OF BEGINNING IS N : . ..:.•-. 89°.30'44°E,31837.FEET,:S00°27153°E,•217.58 FEET;N89° 55vE;57.94 FEET AND S42°36'45"E,67.92 • :" FEET.FROM THE 5/8°IRON ROD WITH A YELLOW PLASTIC:CAP:INSCRIBED°KC:DEVS.OPMErsIT':'. MARKINGTHE INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 35,FANNO ••• -GREEK ACRE TRACTS,WITH THE EASTERLY RIGHT OF WAY LINE OF THE S P AND:S RAILROAD RIGHT : •• • :.• OF WAY;• • • ' • :::. ; • ::-THENCE:ALONG THE NORTHEASTERLY LINE OF SAID:TRACT OF LAND DESCRIBED-IN-DEED,RECOP.DED : . ; IN DOCUMENT NUMBER 91063372;'SOL11T1, ,42°36'45°.EAST,11302 FEET; • 'THENCE-LEAVING SAID UNE,ALONG A LINE PARALLEL WITH AND 52.00 FEET DISTANCE AND:. • :. NORTHWESTERLY FROM THE CENTERLINE OFS.W.-UPPER BOONES FERRY,ROAD;SOUTH• • 48°41'42'WEST 65 58 FEET. • - • • ---- f ' " ""• "" " " " .." THENCE LEAVINGSAID LINE,NORTH 43°31'02°WEST,:13.82:-.FEET;: • '1_: --- THENCE SOUTH 46°28'58°WEST,:52-.20,FEET; • ----- --; --; :s • ".„ THENCE NORTH 43°28112°WEST,24.76.FEET; . THENCE SOUTH 48°00'29°WEST,4292 FEET; ' •-THENCE NORTH 43°2721"WEST,142.05 FEET; .": • ; :".:: "-; THENCE NORTH 17°04'15°EAST, 102.71 FEET; • •• THENCE SOUTH 72°5545"EAST; 119.68 FEET; ------ • ; ••• " :THENCE NORTH 47°2322' EAST,417 FEET To THE:POINT OF BEGINNING. PARCEL : ; ; l; „. „; „,, .; „ : . . . . : „.: :• ; ; THOSE RECIPROCAL EASEMENT RIGHTS FOR PARKING DECKS,SIDEWALKS,VVALKWAYS TRAILWWAYS::: . • AND DRIVEWAYS AS SET FORTH IN THAT:CERTAIN!'DECLARATION OF RECIPROCAL EASEMENTS,: - -- ; CONVENANTS;'CONDMONS AND RESTRICTIONS.FOR FANNO CREEK PLACE":RECORDED 3ULY 25,2007 - AS FEENO;2007,081680:::: ..„. '," ::„• ---- - ; :• „::::„; , . .: • -- - : - ---- :::• ','" -":" --- - .........-------------- . ----- „ -• • -• .„--;---; • .:; "'• ;:::: I::: -;;;- '''• ; ••--;;'• - •• • ;,;;;;;; ;;;; .;;;, ;;.; -------- --------,;;;;;;;;;;;.:: ,;;:•::-.;;;;;,„; - - - - - - - -- -- -- - - • - -- .„ ..„;;;,,,,.„-„„- ;;;,..„;;;„:;;;- -;.....;;;;;;;;;;;; ;; ; .... ::•„: ;„ „,„., „ „ ....... „.:...:.„ . .. ; ......... .......... ...... .... -:::::- ...... . ....... ::::.::- : : . :9D.MA\pcpp.C5TO..................... . ::11' :!": :::."E' ": ''11) : EXHIBIT B 1 Taxes for the fiscal year 200 2: 7 2008,a lien but not yet payable; 2 ::These premises are within the boundaries of the Clean Water Services District and are subject to the levies and assessments thereof. ::. zz 3.: The terms;provisions:and easements)contained in the document entitled"Dec ti.. , 1 aration 0 f Reciprocal Easements,Covenants,Conditions and Restrictions For Fanno Creek Placer recorded :: July 25;2007:as Fee No 2007=081680of Official Records. • 4. The terms and provisions contained in:the document entitled"Tree Restrictive Covenant Deed Restriction":recorded September:7,2007 as Fee No 2007L097342'of Official Records: Document re-recorded',September 14,2007;as Fee No 2007-099530 of Official Records: 1. ................. • • •~_ K-_ f First American ag Title Insurance Company NATIONAL COMMERCIAL SERVICES Dear Valued Customer, Thank you for this opportunity to serve you. Enclosed you will find your title report and exception copies on CD-ROM. Many of our clients realize significant cost savings by using electronic documents, and have routinely requested electronic copies of title documents. In keeping with this fast growing trend, we are pleased to provide our clients with title documents on CD-ROM. First American Title is the industry leader in information technology and will continue to put you and your clients needs first as we endeavor to keep in step with the growing needs for technology in our industry. We welcome your comments as we move ahead with this initiative. Additionally, if you have any questions as you review your title report and exception copies, please let us know. Sincerely, Joe Perna Vice President and Northwest Regional Director First American Title National Commercial Services 8Lx4• i 4ce enclosure I • WWW.FIRSTAM.COM 1 ,c x.MEk1 0- G'-1 Iry First American Title Insurance Company National Commercial Services 200 SW Market Street, Suite 250 Portland,Oregon 97201 Escrow Officer: Mavis Kimball Phone: (503)795-7603 Fax: (503)795-7614 E-mail mkimball @firstam.com File No: NCS-327803-OR1 Title Officer: Jennifer L. Watson Phone: (503)790-7866 Fax: (503)790-7856 E-mail jewatson @firstam.com File No: NCS-327803-OR1 PRELIMINARY TITLE REPORT ALTA Owners Standard Coverage Liability $ Premium $ ALTA Owners Extended Coverage Liability $ Premium $ ALTA Lenders Standard Coverage Liability $ Premium $ ALTA Lenders Extended Coverage Liability $ 13,000,000.00 Premium $ 19,350.00 STR ALTA Leasehold Standard Coverage Liability $ Premium $ ALTA Leasehold Extended Coverage Liability $ Premium $ Endorsements Liability $ Premium $ Govt Service Charge Cost $ Other $ We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: The land referred to in this report is described in Exhibit"A" attached hereto. and as of 11/09/2007 at 8:00 a.m.,title vested in: OPUS Northwest, L.L.C.,a Delaware limited liability company Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued,and the full premium paid. ,4111 Preliminary Report • Wrder Number: NCS-327803-OR1 Page Number: 2 1. Taxes for the year 2007-2008 Tax Amount: 11,932.97 Unpaid Balance: 7,955.31, plus interest, if any Code No.: 023-74 Map&Tax Lot No.: 2S113AB-00300 Property ID/Key No.: R513144 2. City liens, if any, for the city of Tigard. Note: An inquiry has NOT been made concerning the actual status of such liens. A fee of$25.00 will be charged per tax account each time an inquiry request is made. 3. These premises are within the boundaries of the Clean Water Services District and are subject to the levies and assessments thereof. 4. Easement, including terms and provisions contained therein: Recording Information: November 15, 1977 in Book 1216, Page 0696 as Fee No. 77018056 In Favor of: Unified Sewerage Agency of Washington County(now Clean Water Services) For: Sewer and incidental purposes 5. Easement, including terms and provisions contained therein: Recording Information: April 21, 1999 as Fee No. 99049036 In Favor of: The City Of Tigard For: Permanent public and private utility Affects only that portion of the Property lying within the road vacated by vacation ordinance No. 06-01, recorded April 06, 2006, as Fee No. 2006-039844 6. Reservation of utilities in vacated street area and the right to maintain the same as set forth in Ordinance No. 98-01 a copy of which was recorded April 21, 1999 as Fee No. 99049066 Affects only that portion of the Property lying within the road vacated by vacation ordinance No. 06-01, recorded April 06, 2006, as Fee No. 2006-039844 7. A Line of Credit Deed of Trust to secure an original indebtedness of$25,260,000.00 recorded February 14, 2007 as Fee No. 2007-017198 . Dated: February 12, 2007 Trustor: OPUS Northwest, L.L.C., a Delaware limited liability company Trustee: First American Title Insurance Company, a California corporation Beneficiary: Wells Fargo Bank, National Association, a national banking association (Covers More Property) First American Title Preliminary Report •rder Number: NCS-327803-OR1 Page Number: 3 8. A financing statement recorded February 14, 2007 as Fee No. 2007-017199 . Debtor: Opus Northwest, L.L.C., Secured party: Wells Fargo Bank, National Association (Covers More Property) 9. Easement, including terms and provisions contained therein: Recording Information: February 15, 2007 as Fee No. 2007-017259 In Favor of: The City of Tigard For: Permanent Sanitary Sewer 10. The terms, provisions and easement(s)contained in the document entitled "Declaration of Reciprocal Easements, Covenants, Conditions and Restrictions For Fanno Creek Place" recorded July 25, 2007 as Fee No. 2007-081680 11. The terms and provisions contained in the document entitled "Tree Restrictive Covenant Deed Restriction" recorded September 07, 2007 as Fee No. 2007-097342 Document re-recorded September 14, 2007 as Fee No. 2007-099530 12. Unrecorded leases or periodic tenancies, if any. 13. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 14. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 15. Any rights, interests, or claims of parties in possession of the land not shown by the public records. -END OF EXCEPTIONS- First American Title Preliminary Report *der Number: NCS-327803-OR1 Page Number: 4 INFORMATIONAL NOTES NOTE: This report does not include a search for Financing Statements filed in the office of the Secretary of State, or in a county other than the county wherein the premises are situated, and no liability is assumed if a Financing Statement is filed in the office of the County Clerk(Recorder)covering fixtures on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by recorded lot and book. NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of$1.00 per thousand or fraction thereof on the transfer of real property located within Washington County. First American Title Preliminary Report liter Number: NCS-327803-0R1 Page Number: 5 THANK YOU FOR CHOOSING FIRST AMERICAN TITLE WE KNOW YOU HAVE A CHOICE! Cc: Oregon State Bar Attn: Rod Wegener Cc: Cable Huston Benedict Haagensen Attn: Don Lloyd Cc: Thrivent Financial for Lutherans Attn: Ann Torgerson Cc: KC Development Attn: Cindy Halcumb Cc: Integra Realty Resources Attn: Kathleen Buono Cc: OPUS NW Attn: Brian Bennett Cc: Ball Janik LLP Attn: Barbara Radler Cc: Zipper Zeman/Terracon Attn: Chris Wilson Cc: Experion Capital, LLC Attn: Bob Humphrey First American Title Preliminary Report order Number: NCS-327803-OR1 Page Number: 6 FT l..MSRrC P 7 First American Title Insurance Company of Oregon tic SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY(10/17/92) 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 exerdse thereof has been recorded in the public records at Date of Policy,but not exduding 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 daimant 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 daimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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 insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated. 5. Invaliddry or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory hen for services,labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or In part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (d) the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee 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. ALTA OWNER'S POLICY(10/17/92) 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(induding 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 exduding 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 daims,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. SCHEDULE OF STANDARD EXCEPTIONS The ALTA standard policy form will contain in Schedule B the following standard exceptions to coverage: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceeding by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements or claims of easement,not shown by the public records;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 4. Any encroachment(of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land),encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien,or right to a lien,for services,labor,material,equipment rental or workers compensation heretofore or hereafter furnished,imposed by law or not shown by the public records. NOTE: A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)WILL BE FURNISHED UPON REQUEST TI 149 Rev.6-06 First American Title Preliminary Report VIP Order Number: NCS-327803-OR1 Page Number: 7 Exhibit "A" Real property in the County of Washington , State of Oregon, described as follows: PARCEL I: A PORTION OF LOTS 35, 36, 38 AND 39, FANNO CREEK ACRE TRACTS, A PLAT OF RECORD IN WASHINGTON COUNTY,TOGETHER WITH A PORTION OF THAT VACATED RIGHT OF WAY DESCRIBED IN FEE NUMBERS 99049066 AND 2006-039844, WASHINGTON COUNTY DEED RECORDS, AND SITUATED IN THE SOUTHEAST 1/4 OF SECTION 12 AND IN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE 5/8" IRON ROD WITH A YELLOW PLASTIC CAP INSCRIBED"KC DEVELOPMENT" MARKING THE INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 25, FANNO CREEK ACRE TRACTS, WITH THE EASTERLY RIGHT OF WAY LINE OF THE S P AND S RAILROAD RIGHT OF WAY; THENCE ALONG THE NORTH LINE OF SAID LOT 25 AND THE WESTERLY EXTENSION THEREOF NORTH 89°30'44" EAST 348.37 FEET TO THE NORTHEAST CORNER OF SAID LOT 35; THENCE ALONG THE EAST LINE OF SAID LOT 35 SOUTH 00°27'53" EAST 217.58 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED RECORDED AS FEE NO. 91063372; THENCE ALONG THE NORTH LINE OF SAID TRACT OF LAND NORTH 89°34'55" EAST 57.94 FEET TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE NORTHEASTERLY LINE OF SAID TRACT OF LAND SOUTH 42°36'45" EAST 67.92 FEET; THENCE LEAVING SAID LINE SOUTH 47°23'22"WEST 4.17 FEET; THENCE NORTH 72°55'45" WEST 139.68 FEET; THENCE SOUTH 17°07'15" WEST 102.71 FEET; THENCE SOUTH 71°25'40" WEST 74.00 FEET; THENCE NORTH 72°55'45" WEST 43.10 FEET; THENCE SOUTH 64°23'17" WEST 9.62 FEET; THENCE NORTH 72°55'45" WEST 109.69 FEET; THENCE SOUTH 17°04'15" WEST 36.64 FEET; THENCE NORTH 72°55'45" WEST 124.50 FEET; THENCE NORTH 17°04'15" EAST 111.56 FEET; THENCE NORTH 72°55'45" WEST 10.32 FEET TO THE EASTERLY RIGHT OF WAY LINE OF THE S P AND S RAILROAD RIGHT OF WAY AT A POINT OF NON-TANGENT CURVATURE; THENCE ALONG THE ARC OF A 1457.70 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, THROUGH A CENTRAL ANGLE OF 7°54'02" (CHORD BEARS NORTH 12°47'31" EAST 200.84 FEET)A DISTANCE OF 201.00 FEET TO THE POINT OF BEGINNING. PARCEL II: THOSE RECIPROCAL EASEMENT RIGHTS FOR INGRESS, EGRESS, PARKING DECKS, SIDEWALKS, WALKWAYS, TRAILWAYS AND DRIVEWAYS AS SET FORTH IN THAT CERTAIN "DECLARATION OF RECIPROCAL EASEMENTS COVENANTS, CONDITIONS AND RESTRICTIONS FOR FANNO CREEK PLACE" RECORDED JULY 25, 2007 AS FEE NO. 2007-081680 First American Title • Rai - `.•q,±�: ,,`' �YIy....�_. ...... �,..� • • ' hint a+Coardy,Oregon 2006-128778 104012008 03,33:39 PM PAW Strew C PFEIFER $20.00$0.00 S11.00$175.00.Total•$113.00 After recording,return to: {I�IIIIII 111��II�I0(iJjjIjjIIH�� Barbara W.Radler 0111111111 I II Ball Janik LLP 0103oas820080128778 101 SW Main Street,Suite 1100 t.Richard HobcmkM,Director et Assessment and Portland,OR 97204 Tuition and E.•Onlelo Cowty Clerk for WauMnoten CourAy.crow,ao naeay o.rtuy tmc an aRN^ instrument ef wrione wan received and recorded to UM, I boot el made of veld Until a change is requested,all 4 ° s,Imst mnd''.a� . Richard W.HowmkM,Director of Assessment and tax statements shall be sent to: Tesstton,Ea-ORkb County clerk Opus Northwest,L.L.C. 10350 Bren Road West • Minnetonka,MN 55343 ^'\`` STATUTORY SPECIAL WARRANTY DEED LARUSSO CONCRETE COMPANY,INC.,a Colorado corporation,as Grantor, conveys and specially warrants to OPUS NORTHWEST,L.L.C.,a Delaware limited liability company, as Grantee,the real property described on the attached Exhibit A,free of encumbrances created or suffered by Grantor except as specifically set forth on the attached Exhibit B. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON 1 ( TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY, UNDER ORS 197.352. 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 APPROVED USES 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 ORS 197.352. The true consideration for this conveyance is$775,309.00.paid to an accommodator pursuant to an IRC 1031 Exchange Dated: 4/2 y!o G ,2006. • z.'"r WASHINGTON COUNTY LARUSSO CONCRETE COMPANY,INC.,a Colorado p'• '= corporation f REAL PROPERTY TRANSFER TAX '4• 1, :ys v S 774. DC) 10/79/ik M i,;Syn.. FEE PAID DATE B 17 Y: � .�rL • x(14 Its: ��„ ,.j;).0..1- . Uo 0 • Z O U IC:\Doeumenta and Se ningsydotyVLOeal Settings\Temporary Internet Filea\OLK299WOR Description, Washingtoa,OR Document-Year.DocW 2006.128778 Page: 1 of 4 • Order: Gopi Comment: • • • STATE OF OREGON ) )ss. • COUNTY OF' ") The foregoing instrument was acknowledged b fore me this a--t-day of O1 ',2006,by is the of LaRusso Concrete Company,Inc.,a Colorado corporation,on behalf of the corporation. .— cFF:CIAL SEAL o blic or the State of Oregon • J DOTY My Commission Expires \\•`p• O � NOTARY PUBIJC-0REC30N COMMISSION NO.397416 MY COMMISSION EXPIRES NOV.6,2009 • • • • • • • • • • • • • • S 2C ADocumenis and Scttingaydoty‘Local Settings\Temporary Intone*Filo NOLK299\POR Description: Washington,OR Document-Year.DocID 2006.128778 Page_: 2 of Order: Hopi Comment: • • • EXHIBIT A LEGAL DESCRIPTION Real property in the County of Washington,State of Oregon,described as follows: BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF LOT 35,FANNO CREEK ACRE TRACTS,A DULY RECORDED PLAT IN THE CITY OF TIGARD,COUNTY OF WASHINGTON AND STATE OF OREGON,AND RUNNING THENCE SOUTH 89°46'10"WEST 348.55 FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 35 TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE S.P.&S.RAILROAD;THENCE ALONG SAID RIGHT OF WAY LINE ON A 1487.40 FOOT RADIUS CURVE TO THE RIGHT(THE LONG CHORD OF WHICH BEARS SOUTH 11°54'10"WEST 133.35 FEET)A DISTANCE OF 133.38 FEET ALONG THE ARC TO A POINT;THENCE NORTH 89°46'10"EAST 376.16 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDARY LINE OF SAID LOT 35;THENCE NORTH 0°02'40"WEST 130.37 FEET ALONG SAID EASTERLY BOUNDARY LINE TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE UNNAMED ROADWAY TO THE WEST WHICH INURED THERETO BY VACATION ORDINANCE NO.06.01 RECORDED APRIL 6,2006 AS FEE NO.2006-039844. Also described as follows: A PORTION OF LOT 35,FANNO CREEK ACRE TRACTS,A PLAT OF RECORD IN WASHINGTON COUNTY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH,RANGE 1 WEST OF THE • WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF LOT 35,FANNO CREEK ACRE TRACTS,A PLAT OF RECORD IN WASHINGTON COUNTY;THENCE ALONG THE EAST LINE OF SAID LOT 35,SOUTH 00°27'53"EAST, 130.37 FEET;THENCE LEAVING SAID LINE,SOUTH 89°30'44"WEST, 344.94 FEET TO THE WESTERLY LINE OF SAID LOT 35;THENCE ALONG SAID LINE,ALONG THE ARC OF A 1487.70 FOOT RADIUS CURVE CONCAVE TO THE WEST,THROUGH A CENTRAL ANGLE OF 05°07'46" (CHORD BEARS NORTH 11°13'00"EAST,133.14 FEET)A DISTANCE OF 133.19 FEET TO THE NORTH LINE OF SAID LOT 35;'HENCE ALONG SAID UNE,NORTH 89°30'44"EAST,317.98 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE UNNAMED ROADWAY TO THE WEST WHICH INURED THERETO BY VACATION ORDINANCE NO.06-01 RECORDED APRIL 6,2006 AS FEE NO.2006-039844. • • I Monuments and Settingaydoty1Laal Settings\Temporary Internal Files1oLK2991POR Description: Waahington,OR Document-Year.DociD 2006.128778 Page: 3 of 4 Order: Oopi Comment: fir; • v..n..-, • EXHIBIT B EXCbY1TONS TO TITLE 1. The Property is within the boundaries of the Clean Water Services District and is subject to levies and assessments thereof. However,there are no levies or assessments thereof as of the date of recording of this deed. 2. An casement for sewer and incidental purposes,recorded November 15, 1997 as Book 1216, Page 696 of Official Records. In Favor of: Unified Sewerage Agency of Washington County,its successors and assigns Affects: The North 15.00 feet of the East 15.00 feet • • • I C:1Documcnts and Settingslidoty\t oea1 SettingslTemporary Internet FilcOOLK299WOR • Description: Washington,OR Document-Year.DoczD 2006.128778 Page: 4 of 4 Orders Oopi Comment: - e I' Washington County,uoonunnty,Oregon _ 2U�6 'I 2a779 10/30/2008 03:33:39 PM V D-DW Cnt=1 Stn=8 C PFEIFER $25.00$8.00$11.00$4,535.00-Total■$4,577.00 After recording,return to: I Barbara W.Radler IIIIIIIIII Ball Janik LLP III IIIIIIIIII 110111111 1111111118 1118 101 SW Main Street,Suite 1100 01030459200601287790050058 1,Dfr, ssment 'id 4 Richard MoberNeM,Director of Assessment end Portland,OR 97204 Taxation and ex-Officio county clerk for wasigdon OouraY.Orseon,do hereby certify that the"Alibi �+�•� .•a katrumad of writing was received end recorded In tier Until a change is requested,all re l..Q ,. a :� tax statements shall be sent to: Richard W. of Asse"""nt and o �, Director unty perk "`-'' �7•/ Opus Northwest,L.L.C. ,t 10350 Bren Road West Minnetonka,MN 55343 STATUTORY WARRANTY DEED RICHARD D.AKERMAN and JAMES E.WATHEY,as Grantor,conveys and warrants to OPUS NORTHWEST,L.L.C.,a Delaware limited liability company,as Grantee,the real property I described on the attached Exhibit A.free of encumbrances except as specifically set forth on the attached Exhibit B. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY, UNDER ORS 197.352. 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 APPROVED USES 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 ORS 197.352. The true consideration for this conveyance is$4,534,215.00. Dated:OLkonceLID 2006. WASHINGTON COUNTY `r.,::71"; � REAL PROPERTY TRANSFER TAX ;'""1 $Hf 5 3S.00 o RICHARD D.A I<:ERMAN FEE PAID • 1'E E.WITH r O z O1 C:iDocuments and Settings Settings\Temporary Internet FIes10I.K2991POR U Q LL Description: Washington,OR Document-Year.DocID 2006.128779 Page: 1 of 5 _ Order: ' Comment: -' ' STATE OF OREGON ) COUNTY OF )ss. The foregoing instrument was acknowledged before me this day of tt tab 0:11, 2006,by Richard D.Akerman. � • OFFICIAL SEAL " ° J DOPY �. NOTARY PUBUC-OREGON COMMISSION NO.397416 Notary Public for the Sta a of Oregon MY COMMISSION E7YIRES NOV.6,2009 My Commission Expires IV (D•rct STATE OF OREGON ) )ss. COUNTY OF ■ ) The foregoing instrument was acknowledged before me this LL day of CESLOffy-2006,by James E.Wathey. • OFFICIAL SEAL O(14 �� Notary Public for the State of Oregon NOTARY PUBLIC-0REGON �'Y $ COMMISSION NO.397416 My Commission Expires I k• Ca C) 1 MY COMMISSION MIRES NOV.6,2009 • • • • • 2C:\Documenta and Settings. ettingsVdotyULocal SettingsWemporary Internet FIIes\OLK299\POR Description: Waahington,OR Document-Year.pocID 2006.128779 Page: 2 of 5 Order: ' Comment: • EXHIBIT A • LEGAL DESCRIPTION Real property in the County of Washington,State of Oregon,described as follows: A TRACT OF LAND,BEING ALL OF LOTS 36 AND 37,AND A PORTION OF LOTS 35,38 AND 39,FANNO CREEK ACRE TRACTS,LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH,RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 37;THENCE NORTH 44°37'45"WEST ALONG THE SOUTHWESTERLY LINES OF SAID LOTS 37 AND 36,A DISTANCE OF 411.29 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY OF THE OREGON ELECTRIC RAILROAD;THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND THE NORTHWESTERLY LINES OF SAID LOTS 36 AND 35,ALONG THE ARC OF A 1457.69 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 11°31' 14" (THE CHORD BEARS NORTH 20°13'15"EAST,29/61 FEET)AN ARC DISTANCE OF 293.10 FEET; THENCE NORTH 89°46'00"EAST ALONG A LINE THAT IS PARALLEL WITH AND LIES 122.78 FEET • NORTH FROM THE SOUTH UNE OF SAID LOT 35,A DISTANCE OF 374.23 FEET TO A POINT ON THE EAST LINE OF SAID LOT 36;THENCE SOUTH 00°03' 15"EAST ALONG SAID EAST LINE 87.73 FEET; THENCE NORTH 89°45'50"EAST 57.84 FEET;THENCE SOUTH 42°21'40"EAST,203.13 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF SOUTHWEST UPPER BOONES FERRY ROAD; THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED RIGHT-OF-WAY ALONG THE ARC OF A 420.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 00°31'19"(THE CHORD BEARS SOUTH 48°45'21"WEST,3.83 FEET)AN ARC DISTANCE OF 3.83 FEET;THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 49°01'00"WEST, 501.18 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE PORTION OF THE UNNAMED ROADWAY AND A PORTION OF SW FANNO CREEK PLACE THAT INURE BY REASON OF VACATION,AS SET FORTH IN THE CITY OF TIGARD ORDINANCE NO.98-01,WHICH WAS RECORDED ON APRIL 21, 1999,AS FEE NO.99049066. ALSO TOGETHER WITH THAT PORTION OF THE UNNAMED ROADWAY TO THE WEST WHICH INURED THERETO BY VACATION ORDINANCE NO.06-01 RECORDED APRIL 6,2006 AS FEE NO.2006-039844. Also described as follow;.: PARCEL I: A TRACT OF LAND,BEING ALL OF LOTS 36 AND 37,AND A PORTION OF LOTS 35 AND 38,FANNO CREEK ACRE TRACTS,A PLAT OF RECORD IN WASHINGTON COUNTY,TOGETHER WITH A PORTION OF THAT VACATED ROADWAY PER DOCUMENT NO.99049066,WASHINGTON COUNTY DEED RECORDS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH,RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: I C:\Documents and Seuingsldoty\Local Scuings\Temporary Internet File:AOLK299\POR • Description: Washington,OR Document-Year.DocID 2006.128779 Page: 3 of 5 Order: ' Comment: • • BEGINNING AT INTERSECTION OF THE CENTERLINE OF SW FANNO CREEK PLACE WITH THE WESTERLY RIGHT OF WAY LINE OF S.W.UPPER BOONES FERRY ROAD,A 60-FOOT WIDE PUBLIC ROADWAY;THENCE ALONG SAID CENTERLINE, BEING A LINE PARALLEL WITH AND 20.00 FEET DISTANT FROM THE SOUTHWESTERLY LINES OF LOTS 37 AND 36,SAID FANNO CREEK ACRE TRACTS, NORTH 44°5703"WEST,404.05 FEET TO THE SOUTHEASTERLY RAILROAD RIGHT-OF-WAY;THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY, BEING ALSO THE NORTHWESTERLY LINES OF SAID LOTS 36 AND 35,ALONG THE ARC OF A 1457.70 FOOT RADIUS CURVE CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 07°18'50"(CHORD BEARS NORTH 22°44'39" EAST, 185.95 FEET)A DISTANCE OF 186.08 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 35; THENCE LEAVING SAID RIGHT OF WAY,ALONG SAID WESTERLY EXTENSION LINE,NORTH 89°34'55" EAST,31.79 FEET TO THE SOUTHWEST CORNER OF SAID LOT 35;THENCE ALONG THE WESTERLY LINE OF SAID LOT 35,ALONG THE ARC OF A 1487.70 FOOT RADIUS CURVE CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 04°53'49",(CHORD BEARS NORTH 16°13'48"EAST,127.12 FEET)A DISTANCE OF 127.15 FEET TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO LARUSSO CONCRETE COMPANY,INC.,RECORDED IN DOCUMENT NUMBER 2000032753,SAID DEED RECORDS;THENCE ALONG THE SOUTH LINE OF SAID TRACT OF LAND, NORTH 89°30'44"EAST, 344.94 FEET TO THE EAST LINE OF SAID LOT 35;THENCE ALONG SAID LINE,SOUTH 00°27'53"EAST, 122.21 FEET TO THE SOUTHEAST CORNER THEREOF;THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 38,SOUTH 48°41'38"WEST,44.27 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO RICHARD D.AKERMAN AND JAMES E.WATHEY,RECORD IN DOCUMENT NUMBER 91063372,SAID RECORDS;THENCE ALONG THE SOUTHWESTERLY LINE OF SAID TRACT OF LAND,SOUTH 42°48'02"EAST, 214.41 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY OF SAID S.W. UPPER BOONES FERRY ROAD;THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY,SOUTH 48°41'42"WEST, 395.19 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 37;THENCE SOUTH 49°1755"WEST,20.06 FEET TO POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE UNNAMED ROADWAY TO THE WEST WHICH INURED THERETO BY VACATION ORDINANCE NO.06-01 RECORDED APRIL 6,2006 AS FEE NO.2006-039844. PARCEL II: • A PORTION OF LOTS 38 AND 39,FANNO CREEK ACRE TRACTS,A PLAT OF RECORD IN WASHINGTON COUNTY, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 39,FANNO CREEK ACRE TRACTS;THENCE ALONG THE WEST UNE OF SAID LOT 39,NORTH 00°27'53"WEST,35.00 FEET;THENCE LEAVING SAID LINE, NORTH 89°34'55"EAST, 57.94 FEET;THENCE SOUTH 42°36'45"EAST,202.94 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF S.W.UPPER BOONES FERRY ROAD;THENCE ALONG SAID RIGHT- OF-WAY,SOUTH 48°41'42"WEST, 110.00 FEET TO THE NORTHEASTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO LESTER L.BENNETT,ET UX,PER BOOK 320,PAGE 274,WASHINGTON COUNTY DEED RECORDS;THENCE ALONG THE NORTHEASTERLY LINE OF SAID BENNETT TRACT OF LAND, NORTH 42°4B'02"WEST,214.41 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 38;THENCE ALONG SAID LINE, NORTH 48°41'38"EAST,44.27 FEET TO THE POINT OF BEGINNING. . 2C:\Documents and Setdngsbdoty\Local Settings\Temporary Internet Fles\OLK2991POR Description: Washington,OR Document-Year.DocID 2006.128779 Page: 4 of 5 Order: ' Comment: • EXHIBIT B EXCEPTIONS TO TITLE • 1. The Property is within the boundaries of the Clean Water Services District and is subject to levies and assessments thereof. However,there are no levies or assessments thereof as of the date of recording of this deed. 2. An easement for permanent public and private utility and incidental purposes,recorded April 21, 1999 as Instrument No.99049036 of Official Records. In Favor of: The City of Tigard Affects only that portion of the Property lying within the road vacated by vacation ordinance No.06-01,recorded April 6,2006,as Instrument No.2006-039844. 3. Reservation of utilities in vacated street area and the right to maintain the same as set forth in ordinance No.98-01 a copy of which was recorded April 21, 1999 as Instrument No.99049066. Affects only that portion of the Property lying within the road vacated by vacation ordinance No.06-01,recorded April 6,2006,as Instrument No.2006-039844. 1 C:\Documcnts and Settings'doty1Local Settings\Temporary Internet Files 0LK299WOR Description: Washington,OR Document-Year.DocID 2006.128779 Page: 5 of 5 Order: ' Comment: "—' • • • WNMngton County,ONpon 2007-043458 } 04/19/2007 09:57:41 AM 0-0rW ett.1 pule 0 HOPPMM (25.00 MO 11140•Tow.yam AFTER RECORDIN • t aIJIIIIJJJULlJII1UJllAIiutIIJIilIH I�G RETURN TO: 0050 Ball Janik LLP I,IUGHM H.b.McM,Wetter el A O., s,,d Tuell,,and EstiglaIs County CIWS two W..Mnegn '�° •,• Attn: Barbara W.Radler county.Grow"a honey gent/tMt tn.wIthIn 101 SW Main S treet,Suite l 100 opw..a aa nn .d a n No it Portland,Oregon 97204 ltlihnd l,ob.,nla,c a. .nunMr.n ;:' Tp.iroM1 Es 0000 County MA UNTIL A CHANGE IS REQUESTED,ALL TAX STATEMENTS SHALL BE SENT TO: Opus Northwest,L.L.C. 10350 Bren Road West Minnetonka,Minnesota 55343 • STATUTORY SPECIAL WARRANTY DEED (Lot Line Adjustment) I l Opus Northwest, L.L.C., a Delaware limited liability company ("Grantor"), conveys and specially warrants to Opus Northwest,L.L.C.,a Delaware limited liability Company("Grantee"),the LI 2 real property described on the attached Exhibit A, which was previously a portion of Tax Lot 2S112AB-300,free of liens or encumbrances created or suffered by Grantor,except those of record, in order to effect that certain Fanno Creek Place Lot Line Adjustment, approved by the City of Tigard under Lot Line Adjustment MIS 2007-00001 and effective as of February 13,2007. Upon the recording of this Deed in the Official Records of Washington County,Oregon,the legal description of Tax Lot 2S112AB-200 (also known as "Parcel 1") shall be as described on the attached Exhibit B and as depicted on the attached Exhibit C. BEFORE SIGNING OR. ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197,352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY r\1 DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS 1 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, 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 ORS 197.352. The purpose of this deed is to effect a lot line adjustment as approved by the City of Tigard. The true consideration for this conveyance is other property or value. • Dated this (1 day of ( ,2007. OPUS NORTHWEST,L.L.C.,a Delware limited liability company 2 469��9 •� CPa�, J lsT'=artell, ice • • ident • 1 :ODMA1PCDQCS PORT1 AND'5622oT1 V • Description: Waab1ngtoa,OR Document-Year.DoczD 2007.43458 Page: 1 of 5 Order: Gopi Comment: • • �-� OFFICIAL SEAL • SC z. MIST!GALLACHER STATE OF OREGON) NOTARY PUBLIC-OREGON ss. MYCOMMt COMMISSION EXPIRES DEC. 2008 County of Multnomah ) The foregoing instrument was acknowledged before me on this 17 day of 47 , 2007 by John Bartell, who is a Vice President of Opus Northwest, L.L.C., a Delaware limited liability company,on behalf of the limited liability company. Notary Public for Oregon • 2 ::0DMA\PCDOCSTORTLAN04562I07‘1 Description: Waabington,OR Document-Year.pocID 2007.43458 Page: 2 of 5 • Order: Gopi Comment: EXHIBIT A (To Effect Transfer from Tax Lot 2S112AB-300 to Tax Lot 2S112AB-200) A portion of Lots 35, 36, and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Southeast'A of Section 12,and in the Northeast''A of Section 13,Township 2 South,Range I West, Willamette Meridian, in the City of Tigard,County of Washington,and State of Oregon,being more particularly described as follows: Beginning at a point which bears S00°27'53"E, 21.47 feet from the Northwest Corner of that Tract of Land described in deed, recorded in Document Number 91063372, Washington County Deed Records, said point of beginning is N89°30'44"E, 348.37 feet and S00°27'53"E,239.05 feet from the 5/8" Iron Rod with a yellow plastic cap inscribed"KC Development" marking the intersection of the Westerly extension of the North line of Lot 35,Fanno Creek Acre Tracts,with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence S00°27'53"E, 13.53 feet; thence S48°41'38"W,44.28 feet; thence S42°48'02"E, 180.30 feet; thence S46°28'58"W, 7.88 feet; thence N43°28'12"W, 24.76 feet; thence S48°00'29"W,42.92 feet; thence N43°27'21"W, 142.05 feet; thence N17°04'15"E, 102.71 feet; thence S72°55'45"E,34.37 feet to the point of beginning. Containing 9,809 Square Feet(0.225 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. • A-1 ::00WAPCDOCRPORTIANITS6ZION Description: Washington,OR Document-Yeer.DOCID 2007.43458 Page: 3 of 5 Order: Gopi Comment: EXHIBIT B Legal Description of Tax Lot 2S112A0-200(Parcel 1) A portion of Lots 35,36,38 and 39,Fanno Creek Acre Tracts,a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records,situated in the Southeast'A of Section 12,and in the Northeast''A of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington,and State of Oregon,being more particularly described as follows: Beginning at the 5/8" Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fenno Creek Acre Tracts, with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along the North line of said Lot 35 and the Westerly Extension thereof,N89°30'44"E,348.37 feet to the Northeast Corner of said Lot 35; thence along the East line of said Lot 35,S00°27'53"E,217.58 feet to the Northwest Corner of that Tract of Land described in deed,recorded in Document Number 91063372; thence along the North line of said Tract of Land,N89°34'55"E,57.94 feet to the Northeast Corner thereof; thence along the Northeasterly line of'said Tract of Land, S42°36'45"E, 67.92 feet; thence leaving said line,S47°23'22"W,4.17 feet; thence N72°55'45"W, 139.68 feet; thence S17°07'15'W, 102.71 feet; thence S71°25'40"W,74.00 feet; thence N72°55'45"W,43.10 feet; thence S64°23'17"W, 9.62 feet; thence N72°55'45"W, 109.69 feet; thence S17°04'15"W,36.64 feet; thence N72°55'45"W, 124.50 feet; thence N17°04'15"E, 111.56 feet; thence N72°55'45"W, 10.32 feet to the Easterly Right of Way line of the S P&S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest,through a Central angle of 7°54'02"(Chord bears NI 2°47'31"E, 200.84 feet)a distance of 201.00 feet to the point of beginning. Containing 124,274 Square Feet(2.853 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. B-1 ::ODMAIPCDOCS'PORTLANDU6220711 Description: Waahiugton,OR Document-Year.DocID 2007.43458 Page: 4 of 5 Order: Cops Comment: III IIII 4. . EXHIBIT C ?Z;Q!) ::---.,-"" sip AI.. / ric:s7, JO. foottm 1 u St Pi ill Q 1 id 4 I ;N 1,-. 44ik, lij1 +\ `. 4i."P '{ i� $062753T 217.58' %-' '\ • a4 ,, ,r it El S !VIII gi s 13 girl — " S-pMS I • • C-I ::0DMA\PCDOCSIPORTLAND%562207■ Description: Washington,OR Document-Year.DocID 2007.43458 Pager 5 of 5 W Order: Gopi Comment: • ws' shfngton County,Oregon I 04/19/2007 09:57:41 Am 2007-043459 1 0-OW Creel Ytna10 C HOFFMAN $25.00$0.00111.00•Total•$42.00 IIIIIH1UJJIIUJIE Jill Wii II�I�AFTER RECORDING RETURN TO: 01103 Ball Janik LLP ti aeh.d Hobemlcht,Director of Aeseeemerd and j,: • • •� OFFICIAL SEAL �� KRIST1 GALLACHER NOTARY PUBLIC-OREGON STATE OF OREGON) COMMISSION NO.387642 MY COMMISSION EXPIRES DEC.13,2008 • )ss. County of Multnomah ) The foregoing instrument was acknowledged before me on this /7 day of 4 2007 by John Bartell, who is a Vice President of Opus Northwest, L.L.C., a Delaware limited liability company,on behalf of the limited liability company. il41411 Notary Public for Oregon • • • • 2 ::ODMA\PCDOCS\POR7 LAND.562326\I adc4-WS:2007 2007043459 2 of 5 • EXHIBIT A (To Effect Transfer from Tax Lot 2S112AB-200 to Tax Lot 2S112AB-300) A portion of Lots 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Southeast'4 of Section 12,and in the Northeast '/, of Section 13,Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon,being more particularly described as follows: Beginning at the Northwest corner of that Tract of Land described in deed, recorded in Document Number 91063372, Washington County Deed Records, said point of beginning is N89°30'44"E, 348.37 feet and S00°27'53"E,217.58 feet from the 5/8"Iron Rod with a yellow plastic cap inscribed "KC Development"marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts,with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along the North line of said Tract of Land in Document Number 91063372, N89°34'55"E, 57.94 feet to the Northeast Corner thereof; thence along the Easterly line of said Tract of Land, S42°36'45"E, 67.92 feet; thence leaving said line, S47°23'22"W,4.17 feet; thence N72°55'45"W, 105.32 feet; thence N00°27'53"W,21.47 feet to the point of beginning. Containing 2,759 Square Feet(0.063 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. • • • A-1 ::ODMAIPCDOCSWOR7LAND\562326U adc4-WS:2007 2007043459 3 of 5 • • EXHIBIT B Legal Description of Tax Lot 2S112AB-300(Parcel 2) A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County,situated in the Southeast'A of Section 12,and in the Northeast'A of Section 13,Township 2 South,Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington,and State of Oregon,being more particularly described as follows: Beginning at a point on the Northeasterly line of that Tract of Land described in deed, recorded in Document Number 91063372,Washington County Deed Records,which bears S 42°36'45"E,67.92 feet from the Northeast Corner thereof; said point of beginning is N89°30'44"E, 348.37 feet, S00°27'53"E,217.58 feet,N89°34'55"E,57.94 feet and S42°36'45"E,67.92 feet from the 5/8"Iron Rod with a yellow plastic cap inscribed"KC Development"marking the intersection of the Westerly extension of the North line of Lot 35,Fanno Creek Acre Tracts,with the Easterly Right of Way line of the S P & S Railroad Right of Way; thence along the Northeasterly line of said Tract of Land described in deed, recorded in Document Number 91063372; S42°36'45"E, 113.02 feet; thence leaving said line, along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42"W, 65.58 feet; thence leaving said line, N43°31'02"W, 13.82 feet; thence S46°28'58"W, 52.20 feet; thence N43°28'12"W, 24.76 feet; thence S48°00'29"W,42.92 feet; thence N43°27'21"W, 142.05 feet; thence N17°04'15"E, 102.71 feet; thence S72°55'45"E, 139.68 feet; thence N47°23'22"E,4.17 feet to the point of beginning. Containing 28,340 Square Feet(0.651 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. • • B-1 ::0DMATCDOCSIPORTLAND156232611 adc4-WS:2007 2007043459 4 of 5 t 0 tn . 6 • N M V 0.o 1 t 1 �'3O'44,E �.� PROPERTY UNE ADJUSTMENT f LOCATED W THE NE 1/4 OF ®j 1 ' SECTION 13,MD THE Sr a 1/4 OF SECTION 12, .too'. ' t Jj ^ TI7GARD. WASHINGTON r COUNTY, OREGON. 80.80. • I MARCH n 2007 2 N V / /o PARCEL 2 N o it 4 N72"J5'45'W 124,274 Sr V , •V h 10.32' 2833 ACRES 1 37.94 .1 PARCEL ! 29.340 SF �, '517045.w S842317'W Clot Irt (V !�M / . ; 3884• 9.62' N4 A773'2YE ,,,4 Fti /� 124 0 g N431102'W V '� .-� �J / / �0 9 t3.82' �� S I ;4. N43Z872'W R• 0 xTy V N72'53'451r J �� 24.76' 1°/ di ' S48DD'8'W / / .■4' A, PARCEL 3 4292' ,'T /' 124,220 SF / 2.852 ACRES 4 f.�T1 �9 �, / i �� �`'�- PREPARED FOB, , 54979'S5'W I, / �G� I300 SW FIRST A4ENu ,p 100 ."Et. 21.58' I or l PSWTLAND. OR 97201 iI' PREPARED Br. 54978^55'W 06 ,/ KCD LLC vii 2a06. / 2407 MAS WA AVENUE 67 m v 0 0 0 N N 0 N c/] s 1 i • b cd • • (Washington ,or.00R 0019/2007 09:57:41 AM 2007-043460 04M Cnt.1 sor14 0 HOP/MAN $33.00$0.00$11.00•Total s$42.00 AFTER RECORDING RETURN TO: 1UtU iILJiJtiiiJLL Wllll II AIllI800 2 Ball Janik LLP t MOM"HoNnWOns,andx.f Ageeesntent•nd Tadlon end 14•0E7q•County Clete for WiuM :—r:., nq n$p„ o;;"-; Attu: Barbara W.Radler coumy,Oregon,d•honey wily that m•odadn % -3'�, One trumHrdwMUnpwgntdrid n.rd•dMnn•� " ,.. 101 SW Main Street,Suite 1100 e.wor.« d•aooro• .r .)7 Portland,Oregon 97204 roonoroHobania�Dn ai ,onn,� ",•.T;:,.v"`` %ten on,Ez• Od•Cad*Mat UNTIL A CHANGE IS REQUESTED,ALL TAX STATEMENTS SHALL BE SENT TO: Opus Northwest,L.L.G. 10350 Bren Road West Minnetonka,Minnesota 55343 t STATUTORY SPECIAL WARRANTY DEED 7,6 (Lot Line Adjustment) p Opus Northwest, L.L.C., a Delaware limited liability company ("Grantor"), conveys and l + specially warrants to Opus Northwest,L.L.C.,a Delaware limited liability Company("Grantee"),the real property described on the attached Exhibit A, which was previously a portion of Tax Lot 2S112AB-200 and Tax Lot 2S112AB-300, free of liens or encumbrances created or suffered by Grantor, except those of record, in order to effect that certain Fanno Creek Place. Lot Line Adjustment, approved by the City of Tigard under Lot Line Adjustment MIS 2007-00001 and effective as of February 13,2007. Upon the recording of this Deed in the Official Records of Washington County,Oregon,the legal description of Tax Lot 2S1 I2AB-500 (also known as "Parcel 3")shall be as described on the ' attached Exhibit B and as depicted on the attached Exhibit C. do BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON lil TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY, N UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY t DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE •SIGNING OR ACCEPTING THIS INSTRUMENT, THE • r- PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED ry USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF a NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 197.352. DO V The purpose of this deed is to effect a lot line adjustment as approved by the City of Tigard. The true consideration for this conveyance is other property or value. ° Dated this (1 'day of /4'rr,—.4 ,2007. OPUS NORTHWEST,L.L.C.,a Delware limited 2 liability company By: 481:17_4_-__..-A'- _ —_ ' dr i Bartell President IC 1 ::0DNANPCDOMPORTIAND116232$01 GC Iff Description: Washington,OR Document-Year.Doc7D 2007.43460 Page: 1 of 5 Order: prakash Comment: • • • f� <; OFFICIAL SEAL KRISTI GALLACHER �; ! NOTARY PUBLIC-OREGON STATE OF OREGON) COMMISSION No.387642 ) MY COMMISSION EXPIRES DEC.13,2008 County of Multnomah ) The foregoing instrument was acknowledged before me on this /7 day of'Agin 2007 by John Bartell, who is a Vice President of Opus Northwest, L.L.C., a Delaware limited liability company,on behalf of the limited liability company. Notary Public for Oregon • • • • 2 ::0DMAIPCDOCSIPOR1LAND362328\1 Ii Description: Washington,OR Document-Year.DociD 2007.43460 Page: 2 of 5 Order: prakash Comment: -" • . • . • EXHIBIT A (To Effect Transfer from Tax Lot 2S112AB-200 to Tai Lot 28112AB-500) A portion of Lot 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Northeast%of Section 13,Township 2 South,Range 1 West,Willamette Meridian,in the City of Tigard, County of Washington,and State of Oregon,being more particularly described as follows: Beginning at a point 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road which bears N89°30'44"E,348.37 feet,SO0°27'53"E,217.58 feet,N89°34'55"E,57.94 feet, S42°36'45"E, 180.94 feet and S48°41'42"W,65.58 feet from the 5/8"Iron Rod with a yellow plastic cap inscribed"KC Development"marking the intersection of the Westerly extension of the North line of Lot 35,Fenno Creek Acre Tracts,with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road,S48°41'42"W,feet 44.50 feet; thence leaving said line,N42°48'02"W, 12.10 feet; thence N46°28'58"E,44.31 feet; thence S43°31'02"E, 13.82 feet to the point of beginning. Containing 575 Square Feet(0.013 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. (To Effect Transfer from Tax Lot 2S112AB-300 to Tax Lot 2S112AB-500) A portion of Lots 35,36, 37 and 38,Fanno Creek Acre Tracts,a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records,situated in the Southeast''A of Section 12,and in the Northeast''A of Section 13, Township 2 South, Range I West, Willamette Meridian, in the City of Tigard, County of Washington,and State of Oregon,being more particularly described as follows: Beginning at a point on the Easterly Right of Way line of the S P&S Railroad Right of Way which bears SI2°47'31"W,200.84 feet from the 5/8"Iron Rod with a yellow plastic cap inscribed"KC Development" marking the intersection of the Westerly extension of the North line of Lot 35,Fanno Creek Acre Tracts, with said Easterly Railroad Right of Way line; thence leaving said Right of Way line, S72°55'45"E, 10.32 feet; thence S17°04'15"W, 111.56 feet; thence S72°55'45"E, 124.50 feet; thence N17°04'15"E, 36.64 feet;thence S72°55'45"E, 109.69 feet;N64°23'1 rE,9.62 feet; thence S72°55'45"E,43.10 feet; thence N71°25'40"E, 74.00 feet, thence S43°27'21"E, 142.03 feet•, thence N48°00'29"E, 42.92 feet-, thence S43°28'12"E, 24.76 feet; thence N46°28'58"E, 7.88 feet; thence S42°48'02"E, 12.10 feet; thence along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road,S48°41'42"W,296.02 feet; thence leaving said line,N44°57'03"W, 192.72 feet; thence S48°4]'38"W, 120.04 feet to the Centerline of Vacated S.W. Fanno Creek Place; thence along said line,N44°57'03"W, 189.52 feet to the Easterly Right of Way line of the S P & S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest,through a Central angle of 9°39'32"(Chord bears N21°34'18"E,245.45 feet)a distance of 245.74 feet to the point of beginning. Containing 100,561 Square Feet(2.309 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. A-1 :ADMAXDOCSIPORTGAND\56232811 Description: Washington,OR Docent-Year.DocID 2007.43460 Page: 3 of 5 Order: prekash Comment: • • EXHIBIT B Legal Description of Tax Lot 2S112AB-500(Parcel 3) .A portion of Lots 35, 36, 37 and 38, Fenno Creek Acre Tracts, a Nat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844,Washington County Deed Records,situated in the Southeast%.of Section 12,and in the Northeast / of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard,County of Washington,and State of Oregon,being more particularly described as follows: Beginning at a point on the Easterly Right of Way line of the S P&S Railroad Right of Way which beats S 12°47'31"W, 200.84 feet from the 5/8" Iron Rod with a yellow plastic cap•inscribed "KC Development"marking the intersection of the Westerly extension of the North line of Lot 35,Fanno Creek Acre Tracts,with said Easterly Railroad Right of Way line; thence leaving said Right of Way line,S72°55'45"E, 10.32 feet; thence S 17°04'15"W, 111.56 feet; thence S72°55'45"E, 124.50 feet; thence N17°04'15"E,36.64 feet; thence S72°55'45"E, 109.69 feet;N64°23'17"E,9.62 feet; thence S72°55'45"E, 43.10 feet; thence N71°25'40"E, 74.00 feet; thence S43°27'21"E, 142.05 feet; thence N48°00'29"E,42.92 feet; thence S43°28'12"E,24.76 feet; then N46°28'58"E, 52.20 feet; thence S43°31'02"E, 13.82 feet; thence along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42"W, 438.99 feet; thence continuing along said parallel line, S49°19'55"W, 21.58 feet to the Centerline of Vacated S.W.Fenno Creek Place; thence along said line,N44°57'03"W,381.99 feet to the Easterly Right of Way line of the S P&S Railroad Right of Way at a point of non-tangent curvature; thence along the • arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 9°39'32" (Chord bears N21°34'18"E,245.45 feet)a distance of 245.74 feet to the point of beginning. Containing 124,220 Square Feet(2.852 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. B-1 ::0DMATCDOCSIPORTLAND\36232811 Description: Washington,OR Document-Year.DocID 2007.43460 Page: 4 of 5 `ti Order: prakash Comment: • . • 1 • • . a - • EXHIBIT C • • • ,` v talip 0 St! V . . 4 P 1 lli ■' b" t ai t'i 4 w oi 141 \, 4 1;, • \ '\it. 1 . .el 4 •. •Itzfe, 34424, IN . .'/\L7y/ . \%.litf, 4 Agg'. , ,, \- N,\, r,.. i bt AV' a �' '' \` � � :==�. • i, . 1.3 lk`mom 1 5,1 X •� , ,\ \'ta 1.4 iv ^ °1 1A/.....:21,41 / ‘ :1 Stet A. . C.)ig P S• 4 • Vim: I C4 ::ODMATCDOCSIPORTLAND1/4$62321\1 • Description: Washington,OR Document-Year.DocrD 2007.43460 Page: 5 of 5 Order: pra*ash Comment: -_ -_ - - - Pr,,.'erty Account Summary 85131,14 - - Property: R513144 25113AB-00300 023. 74 OPUS NORTHWEST LLC (538315) FANNO CREEK ACRE TRACTS, LOT 36, PTS 10350 BREN ROAD WEST 35 , 37-38, PLUS VACATED ROAD, ACRES 2 .85 MINNETONKA, MN 55343 MUM Batch: Inq - Eff Date Paid: 11/15/2007 6. 2004.155137 0 17, 156.86 16, 642.15 <514. 71> 16, 642 .15 11/15/04 7. 2005.156411 0 17, 690.14 17, 159.44 <530. 70> 17,159.44 11/15/05 8. 2006. 157993 0 17,485 .00 16, 960.45 <524. 55> 16, 960.45 11/14/06 ID# Bill ID Levied Tax Tax Paid Interest Amount Paid Date Paid ' 9. Current Taxes for bill 2007. 159442, Levied tax of 11, 932. 97 1/3 due Nov 15 3,977. 66 3, 977. 66 3, 977. 66 11/13/07 Third Date Due Levied Tax Tax Due Interest Third Due Balance Due 2/3 3,977. 66 3, 977. 66 <159.11> 3,818. 55 3,818 . 55 3/3 3,977. 65 3, 977. 65 <198.88> 3, 778. 77 7, 597 ... 32 Total Due: 7, 955. 31 <357.99> 7, 597. 32 ** End of Display *** (P)revious 1 (u#) Up 1 (T)op I (.) More Enter Option From Above, or <RET> or 'X' to Exit: _ - - Prouert Data Selection Menu - - . Owner: OPUS NORTHWEST LLC Prop ID : R513144 (Real Estate) (538315) 10350 BREN ROAD WEST Map Tax Lot: 25113AB-00300 MINNETONKA, MN 55343 Legal : FANNO CREEK ACRE TRACTS, LOT 36, PTS 35, 37-38, PLUS VACATED ROAD, * I 1 Situs : 15920 5W 74TH AvE, Year Built : ; ; * I ** additional addresses Living Area: 0; 0; * Name(s) . Code Area : 023. 74 Sale Info : 10/30/06 $4, 534,215 2007 Roll values Deed Type : DW RMV Land $ 862,810 (+) Instrument: 2006128779 RMV Improvements $ 381,280 (+) 1 2007 Tax Status * Unpaid Taxes RMV Total $ 1, 244,090 (=) ' Current Levied Taxes : 11,932. 97 Total Exemptions $ 0 Special Assessments : MS Net value $ 1, 244,090 2008-09 SB125 Taxes : M50 Assd Value $ 724, 500 (1) Alt Disp 1 (2) Primary I (3) Secondary • (4) Land/Impr 1 (5) Gen Appr I (.) More Enter Option from Above or <RET> to Exit: _ Date: 11/15/2007 Time: 01:42: 27 PM -1r1 1 :G 1 I ` 1 L ...•.,':.---:.1',:.;' Ei 41 t r r !4 121 l • 4 i \ f l a,•.-r `•,a':, ';`;•'. ,,'•'=IAi• r4iJ�Ei.$ta?l 7,471 {1-,:ti�:f. �.. X911-: 1 r•�' �'" _ " - ,.,...i.::::7-,•:".,...'.7 '!-;.;-1-!'''',‘;'..., . ,.fir 47,. -.-. -:n*_u, '3% �. � ':x �,: y.. J�7 rte.. .!f•�' :i` - - ' :b Vn ,y l r+ t 8 r' - :.�, rte% if^� !T' :r - j i :6 4^ , .:*14'; ^'tl5' •t +I. rf. 4 rc:_ •-t iJ.r .1°. �} �+A - 1 .a Y. _yy. •J�' G ' • ut• Y' fi t• - • %. • yt:er`:,1' _• •s S:' 1 . ▪ % i;�?; 1� r fn + ` ki?p ' - ":* .-H•k- . _ • '•ate ri: �•�'. 7._ 1 r �r .. 4-'..-;......-:-.. 77 Project Rosewood L.I.D_ >Kr 18056 4i,5 •:;.`::••••::.•fi CORPORATE SEWER EASE?IENT Parcel No. RLID 13 _ _;jr ' = • ' DURHAM.ENTERPRISES, INC. 15930 S: W. 74th Avenue_ Tiear& Oregon_ 97223• : t.'.:;.: ':::r :: ...';: r�. ;;:-S: :i• "' '' An Oregon-Corporation, does hereby grant:unto the Unified•Sewerage e.A ene of Washin ton'':. •tiv'•-::=,:" =' '; - F:,; :•County; its':suceetsors•and assigns,..the right'to .lay down,'.construct and•perpetually ▪ r.:_y " x;• maintain a sewer.or sewers.through; under and along `„';ti;r•• PERMANENT EASEMENT• °"r; ;''^ : <'"'t ' -', "The North 15.00 feet of the East 15.00 feet of lot 35, Fenno Creek ;:. : • ;:� ,„._;' 't j[-- • Acre Tracts, a Subdivision of.Record.in Washin ton Count , Ore go.n'.. '�::.2Y;^'•a,: 1' • / : TEMPORARY.EASEMENT.. ,i'•`•:,-i.'44.,=,.;.•••1-T7.,..''`' ',1,• 1.�y�Y ,•�� �-; The North:25.OD. feet of the East 25.00 feet of:said-:lot. - w�=`>: '' . . Said:temporary.easement"is:.aatomati tally. extinguished..following:._Agency =,�; "'or' ., krr.•''::• acceptance. of completed sewer in.adjacent permanent easement:.::. i;a•No'structure.shall be erected.upon said easement without,the written consent':of t..e: ,. .i.,:}• : Cne Hundred Sixty and no/100--dollars:'- Y.,,'' ` • The consideration for this grant is �t1 1 '"-`:`" , IN WITNESS'WHEREOF; the grantor above named, has hereunto set his hand and-seal this .',, • ' r- 19 7 .,,. ,tr,'r�tt /9' day of SAP J^' A.D., .2%'=��y:`'31t �:7, :5t } . � T GENERAL.MANAGER; U� •ied Sewerage p ▪ ' ; ?: • •. Agency of•Wa ing ..County t Corporate Name' - App• .. / :L':;y�:;:; 1-::<:.•�. / :pS TO FOri1S l „1:7Z n: Washington County Cou sel x?=: `� " `-'.`- •OF OREGON'. ) . 'n-. ;c`• w::•,•:. :; .'STATE. .. ' c:' ;:,' 3t:;;.;. "County'of Washington -- :' ` ;y .• L a 9 da of. '_j. - >..19 7 7, before.me,-..personally ▪oa i f a 4 r__._.. .On this.. Y: F .- - - - • _ '.. � p b the. . .. _ . ;` appeare /i e Sr.- y.;. kaown'to me to e` • it /` esideat';:and- - "r.novnrtome;to be.':: .. 7`3 ri u�;n4 • ; :• : -111 .o f. f f--,. ,:-r-t, _:` s;;tr•i.:..::the.' e 2 f UQr Secretary, r.: :• E°ref x',`.• i=:;4:;'L' Y:' !the:core oration::described:in'and:that.executed:,the within-instrument,! and�also,known:: ::'• '•'•-^-4`" • %•:,'-'r:i.:3:::?;:,....:to..me-to.be the person.who:ea ecuted.it.on behalf.of:the. corporetioa nereinaamed,:.aa .: _�G •: • he aclmwledged':to:me that such co oratioen.-exeeutetd th_ within.:ineic nnt:.•:.;: ti<., ';=:';: n' ursnaatJto:.its:by-laws or--a resolution of:its:board of.:directors• .k....1 ;.Ltr::r_::•• - .. .. ....,.......:...........:...r...a... _. .. aril 6 IN TESTIMONSf:ZvkUREOF""I"have hereunto.set my hand.and affixed:.asj„officia �`seal ▪�▪y ':thi$'the..day-and.year-first.: have. ay.cert±fieate, written.::_'`.•I; '��,?e}`-e' --• • ' icifo Oregon • �_•N•taay Pub r .^+�':-,.•. r; ..: L^ymmi:�ipz}�expiSes•. '�y�/...yet'"`•-�•... - ". • - - .. %iii 1 Boox1216:PacE696.: . ;, 1 .!lt•,�s E.p :.4u E' r i - fie'r; _.p 5 f • �p i . : - j r.4>[ ,r - • e � i >c r r / '" � �cr' '-' � ��' : � y _ 1 a. JL.: l I•rx n -- JGG S i w,, :J}Se.i�c nF+. ,.•'li:. ,L-G L _ .- - - - '/\.' - i'- :. �,.\�vY . r>i n��'�!CSr• TIO .y. _y�i 0S�i j:`:_ -,s z ,a •w•r Kt , , .• - "L. . r.i^r Y' �ys ��r•' J .- r.S ,•:i - - .L•^-..i H-y. - nf.r I-s.c � l i. y. �yl 7Y � 7.,� •2 : ,.s_:_ n w :te Y �. • . ^ -:4 t- . ' '.Y-u . : C�J: :r• a $4i9:,42.'-;:-...,,,Y .' � r••:-!:m: - - i .'yam ,,._ ......7::::J5.-..., –.....+1 ;:-...--....I.':.....:' •.,:.;.,---....:.4 .......,,./..,-.....• ..r..P. ::-)r i'.':-='..:•::'7.-.:TaL.........'...:'.:t-!..-....'-!-•:';'.....l.'7-42.:::t......:..".....-.,-:.-;-......:. .P,...-;:. . mir : f r _ 11 ? . -• 11 1 •'. �„ - . _ II :1_ -is' . ?:r {{{{ f - ...,.•• . .T•a} .- :.:.•.• `" . _ 18056 EASEMENT CONDITIONS i _ i.• • 1. The Agency contractor shall confine his operation to the designated areas ::'. =i ;=:t, and observe all restrictions. 2. The Agency contractor will make any necessary preliminary.explorations to determine the location of any obstructions which may interfere with the ;:fc;;;;; .1.... construction of the sewer line. 3. ' Under the direction and supervision of the Agency, the contractor shall do • - ••!'( ` •'•• all clearing and grubbing necessary in the,construction of sewers•and the 7,..`.'.;•'•.-•',..-;.;?,•::i:s,:,,, '2•'•-•'..' coat thereof shall be absorbed by him. '•,: ;: • 4. In any portion of the line crossing private landscaped property areas, the. •-,:r'r:,:,,. contractor shall excavate and pile the top soil separately.from the subsoil, . r!c:;-*, :•-"- and conduct the work in a manner that will replace original conditions as near as practicable. The contractor shall remove and replace any small y:;.a`i'", trees, shrubs, plants, or sod that cannot be preserved. All shrubs or plants.. "t` '"'::• shall be balled by experienced men, carefully handled, kept watered, and... 1 .Vin: replaced in their.original position without damage. Sod shall be'handled 'e,r;;';;�•;:; in a similar manner. Wherever it cannot be saved.and restored, the ground . _;•:t,::: :: must be reseeded at the expense of the contractor: Plants or-shrubs:killed ,..;:. or destroyed must be paid for, or replaced by the contractor. It is.the.. oy P P Y ��-;w _ `; ;; intent of this paragraph that the contractor..shall. leave the surface and ::.. .::': planting in substantially the same condition as before the work is under- taken. Major trees in the permanent.easement are not re laceable,•and are.: included in the value of the easement, and are the property of the Agency... 5. When sewer construction is across land on which livestock.mey be grazing,. r•;,;:7;A:'.':_:::, `'•, the contractor shall erect a ors fencin alon an o en trenches to• i.„.,4-,':.,.- >. , prevent.livestock from getting into the trench. Whenever it becomes nee .. r...': essary to cross an existing fence line, the contractor shall.conduct his 17..,;i;: ,,, ._ • operation and erection of fences and barricades so that livestock.are not . fr prevented access to the water courses they normally use for drinking..." + 6. During the:time that the work is in progress, the contractor:shall make: every effort to maintain the site in a neat-and orderly.condition. All tr•;;•. • refuse, broken-pipe, excess fill material, cribbing, etc., shall be.re- „a• moved as soon as practicable':. Should the work not be maintained.in a sat- - 31=- +; F - isfactory condition,• the Agency may cause the work-to-stop-until the clean- ;;;_-,.:I:-.;,r. up portion of the.work has been done to the 'satisfaction of the owner and/ `'_:T` ''•r" =': : .' or the Agency. Unusual conditions and special situations may cause final :...'t••• :.- cleanup and restoration to be delayed until the final stages of construction.• ''mow'='�i°;;_fir 7 A conncection point ( TEE) will be provided the grantor at ;-.1.;:;:,. ;,;; • no cost for the'future connection of the property. F-,'-..--"-...,.:::::::,}+ '� :. Connection will be subject to the 'rates and ordinances 7,7.7 ; -.; of the Unified Sewerage Agen:y of t•7a?:hington County, Oregon. ;,•,-: rr.;':•..:?,c r-, ?,'. pa.e ter•..mw 1 I /i !g r...? ;-x,T; 72-3 na; �E— _6_n.• .` _ 1216. = `: _ B00K PACE69/:. '" ate`, .-•••• .-„ --„irk..:••--"±�'-7';•.,.,.: . - -- .oaf•r i?LYi+'��r1a:"a_T[(.'•.j:Y�Tw`_-� ..i.'i .` Pi.`-a-:;•i.'q';f:r„h Yn-'^7 ”„ -_ _ - _ - _ — _ .1.• :tom:.:_.'. .� 1 _ _ .._ .:+...._lam .�r_. :: - r. 1 • GG GO • County STATE OF of Was ORE hington N 88 RETURN RECORDED DOCUMENT TO: i.Jerry nOCi yk!• • of Ames- cri HALL RECORDS DEPARTMENT, ment and Ilan and�E ; o County Clark for, d Mist that CITY OF TIGARD the withl:I m11r nkiallst .. . . °calved 11125 SW HaaII Blvd and •• rife • k -.• f said ,t Tigard,OR.97223 county.- - :,d.. ¢ :� k• CangiLin121 get. •• .kskifdl t' 0, nation,Ex- Flis No. O gismo UO 91-of •' • ' • ' lark Doc : 99049036 Rect: 230188 21.00 04/21/1999 11:24:50a:a RESERVATION OF EASEMENT (PERMANENT PUBLIC AND PRIVATE UTILITY The City of Tigard reserves to Wog on its own behalf and on behalf of public and private utilities permitted by*. City etTiprd,its Amason and assigns forever a perpetual came*for constructing,reconstnutlng,wasting, maintaining,impeding,and repairing of public utilities and appu to anoes,together with the right to remove,as necessary,vegetation,foliage,trees,and other obstruction:on the parcel of land described in the attached Exhibit "A',situated in the City M'Dger4 Wathington County,State of Oregon. This reservation atonement is crated and hereby recorded in accord with Ordinance No.98-01. TT IS EXPRESSLY UNDERSTOOD that this easement does not reserve any right,title,or interest except those expa+essly stated in this easement,nor otherwise prevent other parties who shall have legal title to the property pursuant to Ordinance No.98.01 from the full use and dominion the:cover,provided,however,that such use shall not intterfoee with the uses and purposes of this easement. DJ WITNESS WHEREOF,I hereunto set my hand on this 120 day of .19 tv eaisald -� William A.Monahan,City Manager 13125 SW Hall Blvd. • gpid OR.97129 As required by Ordinance No.9801 STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on date)by William A.Mania=as Clio Manager of Out OFFICIAL SEAL DIANE M JELDERKS / . / ,i / _ NOTARY z ca sa NO er treaty's Signature My COMMISSION EXPIRES SEPTEMBER 07,1099 11 Commission: .., -: g, Accepted on behalf of the City of Tigard this, day of P1;11 (..\1993, (� P. aty NO CHANGE IN TAX STATEMENT U I -3 O • Exhibit A LEGAL DESCRIPTION FOR PUBLIC AND PRIVATE UTILITY EASEMENT THAT PORTION OF SW FANNO CREEK PLACE(COUNTY ROAD A-138)IN THE NORTHEAST ONE-QUARTER OF SECTION 13,TOWNSHIP 2 SOUTH,RANGE 1 WEST, WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH CORNER OF TRACT 37,FANNO CREEK ACRE TRACTS AS RECORDED IN WASHINGTON COUNTY PLAT BOOK 5 PAGE 14; THENCE N 44°37' 35"W,ALONG THE SOUTHWESTERLY LINES OF TRACTS 37 AND 36 OF SAID FANNO CREEK ACRE TRACTS,A DISTANCE OF 412.16 TO THE EASTERLY LINE OF THE OREGON ELECTRIC RIGHT-OF-WAY 25.00 FEET FROM CENTER LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE,42.53 FEET ALONG THE ARC OF A NON- TANGENT CURVE TO THE RIGHT,CONCAVE TO THE NORTHWEST,WITH A RADIUS OF 1457.69 FEET,A DELTA OF 1°40'18"AND A LONG CHORD WHICH BEARS S 25° 31'21"W 42.53 FEET TO THE SOUTHWEST RIGHT OF WAY LINE OF SW FANNO CREEK PLACE(COUNTY ROAD A-138); THENCE S 44°37'35"B,ALONG SAID SOUTH RIGHT-OF-WAY,A DISTANCE OF 381.61 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE RIGHT-OF-WAY LINE OF THAT PARCEL 2 DESCRIBED IN STREET DEDICATION TO THE PUBLIC RECORDED AUGUST 1 1983,WASHINGTON COUNTY RECORDER'S FEE NO.83-27515,ALONG THEN ARC OF A CURVE RIGHT, CONCAVE WEST,WITH A RADIUS OF 14.00 FEET,A CENTRAL ANGLE OF 67°40'37", THE CHORD WHICH BEARS S 10°47'17"B 15.59 FEET,AND A LENGTH OF 16.54 FEET TO THE NORTHWEST RIGHT-OF-WAY OF SW BOONES FERRY ROAD; THENCE N 49° 05'02"E,ALONG SAID RIGHT-OF-WAY,A DISTANCE OF 48.78 FEET TO THE POINT OF BEGINNING. CONTAINING 16174 SQUARE FEET. • ALSO INCLUDING PART OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST ONE QUARTER OF SECTION 13,TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD WASHINGTON COUNTY,OREGON,DEDICATED TO THE PUBLIC BY MEANS OF"FANNO CREEK ACRE TRACTS", AS RECORDED IN WASHINGTON COUNTY PLAT BOOK 5,PAGE 14 AND DESCRIBED AS FOLLOWS: ALL OF SAID 30-FOOT WIDE ROAD ADJOINING THE WESTERLY LINE OF LOT 36 OF SAID"FANNO CREEK ACRE TRACTS LYING BETWEEN THE SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE EXTENDED OF SAID LOT 36; TO THE WESTERLY LINE OF SAID ROADWAY ALSO BEING THE EAST LINE OF THE OREGON ELECTRIC RAILROAD. a • • • I N f" � I 1 UTILTIY EASEMENT 1440 iiR 0 cO o\(ff) %-4P, , Q�`� 92' �Q �a 3 . . Wash' onCounty,Oregon 2006-039844 04/06/200610:5719 AM D-VAC Crtta1 Stn•4 K BARNETT 335.00$6.00$11.00$100.00-Total•$152.00 I 1 0 1111111 Ilifi III IU liii I 1 100 00932873200800398440070079 I,Jerry Hansen,Dlnctor of Assessment and Taxation ,y,•_��b and Ex-0Officio County Clark for Washington County, y ,1 Oregon,do herby certify the ttq within Instrument Or s� � writing was resolved and recorded inahs gook or M , .,•,,;-' ; ineoros or gala county. �,,,,,J t*IP_��h e,r,,;.; � ., Jerry R.Hanson,DIrector oasment and Taxation, `'.ct..t7k_ Ex• Mclo County Clerk T I GARD After Recording, Return to: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Name of Transaction: VACATION • An Ordinance concerning the Vacation of an approximately 7,845 square foot portion of an un-named public right-of-way which lies to the east of SW 74t Avenue and east of the S P & S Railroad right-of-way, north of SW Durham Road, in.the City of Tigard, Washington County, Oregon. (VAC 2005-00003). • • CITY OF TIGARD,OREGON ORDINANCE NO.06- Q 1 AN ORDINANCE VACATING AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN.UN-NAMED PUBLIC RIGHT-OF-WAY WHICH LIES TO THE EAST OF SW 74TH AVENUE AND EAST OF THE S P & S RAILROAD RIGHT-OF-WAY, NORTH OF SW DURHAM ROAD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2005-00003). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on December 20, 2005, and has been recommended by the Community Development Department; and WHEREAS,the approximate 7,845 square feet of unnamed right-of-way to be vacated has never been used for public or private road purposes and is not required for ingress or egress to or from adjoining properties;and WHEREAS, the applicants have requested that the City of Tigard vacate an un-named public right-of-way approximately 7,845 square feet in area and described in exhibits "A-1 and A-2" and `B-1 and B-2";and WHEREAS,the City will no longer have maintenance responsibility for this area;and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed the vacation proposal and have provided no objections;and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as described by ORS 271.080;and WHEREAS,in accordance with Tigard Municipal Code 15.08.120,notice of the public hearing was posted in the area to be vacated and published in the newspaper;and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS,the City Council having considered the request on February 28,2006, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation,as provided by ORS 271.120.and TMC Section 15.08.130;and NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 7,845 square foot portion of public right-of-way as shown and described in the attached Exhibits "A-1,A-2,B-1 and B-2"(legal descriptions and map of the area to be vacated), and by this reference,made part thereof. ORDINANCE NO.06-UI Page 1 of 2 i:\ciupin\fames\VAC\VAC2005-00003.ord • SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder and upon.. ,recording of a certified copy of the ordinance by the City Recorder. PASSED: By I In Q n I mucus vote of all Council members present after being read by number and title only,this c'kday of,�'u.[.0.4u� ,2006. ,;iP Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this 4- day of 11 2CCQ , 2006. t ` Craig D'A en,Mayor Approved as to form: / r 2.... - . Ci T. ttorney I 1 .,,,_ 7 A ' Date Certified to be a true copy of the Onginal on file at City of. .... U Tigar Hall : a ` . • t By e. tr ._ . • i •0(D TIGARD •• (, C: Recorder,City of Tigard 4 Date , • ORDINANCE No.06-0/ Page 2 of 2 Page 2 s • eKH s e tT A--i ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SEC770N 12, o TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON 1-60' OCTOBER 25TH, 2005 II I I I I • O T . 3 4 I I / / --+ I N O TC 1 I0 o v Ict I Q / • tu /I el Q / V / TL 1300 (0 I . JI / Q e Q / Z fQ — ^'1' / � • ;r;' ROAD F S / .'"":":•::' VACATION ACRE AREA ''2 3849 SF / '', / / /"> TL 1200 TL 1100 / "////,- AKERMAN / WATHEY / / :,://,,,,, OOC. NO. 92031816 / / / / / / • • L' 0 T 3 6 • i j< (I ) DEVELOPMENT • 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 • ---... Exuterr A-2 2407 NE 292nd Avenue • St) Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT c.halcumb @verizon.net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record In Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described in deed to Richard D. Akerman and James E. Wathey, recorded in Document Number 92031816, Washington County Deed Records. Containing 3,849 Square Feet. ! • . . l>,--, e)(1411517 1 -.1. _ , ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON 1-60' OCTOBER 25TH, 2005 I r I I r 1 0 7 3 4 r r _ r r - N / 1 c Lit ;� ROAD 71 1300 I !. VACATION LARUSSO CONCRETE ;' AREA COMPANY, INC. / ei Co ii,"/;-,', 3996 SF DOC. NO. 2000032753 / — ^d -N. FA AC N H E I R A O � Q' O /, 40' / // V // TL 1200 TL 1100 / / J 3p' Q / / / - LOT 3 6 / / ,/ l 4.4 DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 Fax.834.5498 • • Ex-1418m 13'-2. II< tit) 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 i fax.834.5498 DEVELOPMENT c.haicu mb©verizon.net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P &S Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North line of said Lot 35, and lying North.of the Westerly extension of the South line of that Tract of Land described in deed to Larusso Concrete Company, Inc., recorded in Document Number 2000032753, Washington County Deed Records. Containing 3,996 Square Feet. s • I STATE OF OREGON County of WshIn tti qn. I,Jerry �neA>fif etltio of Assess- ment an�� Ilan to County Clerk fors otinty414 f rtlfy that thewIthlryln r:IrlI•b�gt 1�391 Veoelyed and re••ree ;n 1 i&I9 w'd f said county' ,s � •- ..•.st w, f; * J dint�iwaa taxation,EX` ffloisprotmlY Clerk Doc : 99049066 Rect: 230198 131.00 04/21/1999 02:25156pm l 12. • • (p COsr. RETURN RECORDED DOCUMENT TO: CITY RECORDS SUCTION,O env op CITY OF TIGARD,OREGON � 'TIGARD 13125 SW Hall Blvd. Tigard,OR 97223 ORDINANCE NO.98-01 AN ORDINANCE CONCERNING THE VACATION OF: 1)APPROXIMATELY 16,174 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE; AND 2) APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE WESTERLY LINE OF LOT 36 OF"FANNO CREEK ACRE TRACTS". WHEREAS, the Tigard City Council initiated this vacation(Resolution No. 9748) request pursuant to Section 15.08.040 of the Tigard Municipal Code at a public hearing held on November 25, 1997;and WHEREAS,the right-of-way was previously dedicated to the public;and WHEREAS, the approximately 4,914 square foot road had been dedicated with the platting of"Fames Creek Acre Tracts"in 1911;and WHEREAS,SW Fenno Creek Place Is an unimproved roadway that provides secondary access to Elmo Studd's and Northwest Landscape Industries;and WHEREAS,the approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of"Fenno Creek Acre Tracts"is also undeveloped and not used in any way;and WHEREAS,the petitioner is requesting that the City of Tigard vacate an approximately 16,174 square foot portion of SW Fenno Creek Place;and WHEREAS,the petitioner is requesting that the City of Tigard vacate an approximately 4,914 square foot portion of an unnamed roadway adjacent to lot 36 of"Fenno Creek Acre Tracts";and, WHEREAS,the public right-of-way may no longer be necessary;and WHEREAS,the vacation was initiated by the City Council and approval has been recommended by the Community Development Department;and • WHEREAS,all affected service providers, including utility companies and emergency service providers, have had the opportunity to review the vacation proposal and have no objections;and WHEREAS,PGE states that they will need easements for any facilities presently in this right-of-way to be vacated;and WHEREAS, GTE Telephone Operations has existing facilities that provide service to 15930 SW 74th Avenue that will require the granting of a utility easement;and WHEREAS,Unified Sewerage Agency states that there is an existing 8 inch sanitary sewer line within the proposed vacation area which will require the granting of a public utility easement;and ORDINANCE NO.98- 0 1 L'bkywldelordWxthciktard Page t ot3 • • • • '"o WHEREAS, the 30-foot right-of-way is part of a .65 tulle(3,460 lineal foot)length right-of-way that is ad contiguous to 10 parcels,;and WHEREAS,the 30-foot right-of-way extends for an additional.62 miles(3,290 lineal feet)beyond the area to be vacated and Is contiguous to 9 parcels;and WHEREAS,in 1979 a street vacation had been approved(Ordinance No.79-63)for an approximately.14 mile(770 lineal foot)segment of this'A-foot right-of-way; nd WHEREAS, that street vacation (Ordinance No.79-63) was later overturned (Ordinance No.79-115) because of notification and access issues;and WHEREAS,the access issues associated with that 1979 vacation are no longer applicable;and WHEREAS,all of those parcels have had approved Site Development Reviews;and WHEREAS,access standards were satisfied for all of the approved Site Development Review approvals (SDR 88-08)(SDR.88-09),(SDR 90-0009),(SDR 90-0010)without use of the right-of-way;and WHEREAS,Pacific Realty Associates received site development review approval(SDR 88-08)that stated that the need for the right-of-way to be used for access appears to be highly unlikely,it is not maintained,It is a potential eyesore and it would be in the City's interest to have this area maintained in conjunction with the proposed development;and WHEREAS,Pacific Realty Associates received site development review approval(SDR 88-09)that stated that a variance was granted to allow less than the minimum landscape percentage if an arrangement can be made to use the vacant right-of-way such that the total land area would provide for the minimum landscape requirement;and WHEREAS,the City entered into an agreement with Pacific Realty Associates to lease the right-of-way to allow landscaping and other uses within a .2 mile(1,100 Iineal foot) length of the right-of-way that is contiguous to 2 parcels;and WHEREAS,notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as required by ORS 271.080;and WHEREAS,in accordance with Tigard Municipal Code 15.08.120,the City Recorder posted notice in the •area to be vacated and published notice of the public hearing;and WHEREAS,the property owners of the majority of the area affected have not objected in writing;and WHEREAS, the City Council having considered the request on January 27, 1998, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be • prejudiced by this vacation,as provided be ORS 271.120 and TMC Section 15.08.130;and OAD(NANCE NO.9!- 1) Pogo t ►,� w, «a • WHEREAS,the Council finds that the following condition is necessary to vacate said land: 1. A public and private utility easement shall be provided within the area to be vacated. • NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: • SECTION 1: The Tigard City Council hereby orders the vacation of: 1)approximately 16,174 square feet of public right-of-way commonly known as SW Fenno Creek Place; and 2) • approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of"Fenno Creek Acre Tracts", as more particularly described in Exhibit"B" and Exhibit"C". • SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: 1. A public and private utility easement shall be provided within the area to be vacated. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,approval by the Mayor,and posting by the City Recorder. PASSED: By (..t t10,n;.y1 co 5 vote of all Counci! tubers present after being read by number and dde only,this :-)'7 ell day of 4.04/ 1998. ,lit ap /..U1).€0-t=i • Catherine Wheatley,CIty Recorder(1 APPROVED: By Tigard City Council this 7-day of .( 'u,41/) 1998. • /1■11,;:e . l:..;* icoli,Mayor Ap roved as to for 7. —� Certified to be a Wee % f +Y • Attorney Orlpinaf on.flle 44-T t " trAt I`�.. �• • Date t3Y:� � y City Rrorarz,City ot_ •, rd Date:• • ORDINANCE NO,93.t!it _ Llcttywtde adly ataord Pop 3 of 3 • • IN■ m..n �.�a. ...T.: • • EXHIBIT A • al1200 moo Jo. .J.444 .64 44 1 Z t 1 Oct' goo IT * . : -A I LSO AC ". 36 i ti •4 Area To Be ■/ c �'° S ii Vacated �. • • I .1 li 1 i i I 7C0 j; ' .42:4 3.09.4m j 37 .( \ / is 1 1 eii • i .9.t1,-r‹: 1„. t �f- o 4,4 C JQ g U Q ` oa * � / r i i1 CASE NOP. SITE PLAN I EXHIBIT MAP 5 . • • Man B-1 LEGAL DESCRIPTION JOB NO.3950 PORTION OF 4/23/97 WC S.W.FANNO CREEK PLACE CITY OF TIGARD WASHINGTON COUNTY,OREGON TO BE VACATED 1G7aIIBIT"A" THAT PORTION OF S.W.FANNO CREEK PLACE(COUNTY ROAD A•138)IN ME NORTHEAST-QUARTER OF SECTION 13,TOWNSHIP 2 SOUT,RANGE 1 WEST, WILLAMETTE MERIDIAN,WASHINGTON COUNTY,OREGON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH CORNER OF TRACT 37,"FANNO CREEK ACRE TRACTS",A SUBDIVISION RECORDED DECEMBER 2, 3911,IN WASHINGTON COUNTY PLAT BOOK 5,PAGE 34,AND RUNNING THENCE ALONG THE SOUTHWESTERLY LINES OF TRACTS 31 AND 36 OF SAID"FANNO CREEK ACRE . TRACTS",N.44•37'35"W.,412.16 FEET TO THE EASTERLY LINE OF THE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY,25.00 FEET FROM CENTERLINE THOME, ALONG SAID RIGHT-OF-WAY Lam,42.53 FEET ALONG THE ARC OF A NON- TANGENT CURVE RIGHT,CONCAVE NORTHWEST,THE RADIUS OF WHICH IS 1,457.69 FEET,THE CENTRAL ANGLE IS 1'40'18",AND THE LONG CHORD BEARS 3.25°31'21"W.,42.53 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF S.W. FANNO CREEK.PLACE(COUNTY ROAD NO.A-138);THENCE,ALONG SAID FANNO - CREEK PLACE RIGHT-OF-WAY LINE,PARALLEL WITH AND 40.00 PERT PERPENDICULAR FROM SAID SOUTHWESTERLY LINE OF TRACTS 36 AND 37, 5.44°37'35"E.,381.61 FEET TO A POINT-OF-CURVATURE;T HENCE,ALONG THE RIGHT-OF-WAY LINE OF MAT PARCEL 2 DESCRIBED IN THE STREET DEDICATION TO THE PUBLIC RECORDED AUGUST 1,1983,WASHINGTON COUNTY RECORDER'S FEE NO.83-27515, 16.54 FEET ALONG TIM ARC OF A CURVE RIGHT,CONCAVE WEST,THE RADIUS OF WHICH IS 14.00 PERT,THE CENTRAL ANGLE IS 67'40'37", AND THE LONG CHORD BEARS S.10'47'17"E.,15.59 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W.UPPER BOONES FERRY ROAD(COUNTY ROAD NO. 534),30.00 FEET FROM CENTERLINE„THENCE,ALONG SAID S.W.UPPER BOONES FERRY ROAD RIGHT-OF-WAY LINE,N.49'05'02"E.,48.78 FEET TO THE POINT-01v BEGINNING;CONTAINING 16,174 SQUARE FEET,MORE OR LESS;THIS DESCRIPTION WAS PREPARED FROM THE MAP OF SURVEY NO. 18,823 ON FILE IN THE WASHINGTON COUNTY SURVEYOR'S OFFICE AND SAID MAP BY REFERENCE IS MADE A PART HEREOF. W 5 • .. • . ExrnBIT s-A * • OA ,.......t...„...00. o '" �C H i 81 T''�. M 4. A ��o. • PV • ' 74th P • • ga Ii- oP • • • • a•"••• •.. • • • • ,�'N► • • ��..<p • • • a • • • • • ...•14 - N.ri A . _...,, yr Iii • • .PEI • GI .ii.I itoN • �. �0. , • • • • 1• • • • • LXIIIBIT C- I LEGAL DESCRIPTION #3950 30 F .ROAD 9/10/97 WC tl ADJOINING LOT 16 FANNO CREEK ACRE TRACTS CITY OF TIGARD WASHINGTON COUNTY,OREGON TO BE VACATED EXHIBIT"A" PA..T OF THAT 30-FOOT WIDE ROADWAY IN THE NORTHEAST-QUARTER OF SECTION 13,TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN, WASHINGTON COUNTY,OREGON,DEDICATED TO THE PUBLIC BY MEANS OF "FANNO CREEK ACRE TRACTS",A SUBDIVISION RECORDED DECEMBER 2,1911 IN WASHINGTON COUNTY PLAT BOOK 5,PAGE 14,AND DESCRIBED AS FOLLOWS: ALL OF SAID 30-FOOT WIDE ROADWAY ADJOINING THE WESTERLY LINE OF LOT 36 OF SAID"FANNO CREEK ACRE TRACTS"LYING BETWEEN THE SOUTHWESTERLY LINE EXTENDED OF SAID LOT 36 AND THE NORTH LINE EXTENDED OF SAID LOT 36;THE WESTERLY LINE OF SAID ROADWAY ADJOINS THE 50-FOOT WIDE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY AND IS 163.8 PhEL LONG. i,�l Q +� • � 41266 .\` S 89°45'10"W. a0. IA 0 • - 300. 0. c 2.68 AC• . ,aa o • M F �A - .NJ N -0' • • r R •�' E K: . Ct. .- .,4, /ic Aft:____, RoAb ARr e. • - "=.= A r' - R .- 1--I-1 _ :I . -ri R -ikC F. •e\,v . '1 4-•,--.• • •:o, . 400 0 : • �—= .42 AC. re • 700 "V' s vo • ,,PO . 500 37 _ . .83AC. oo ® _ • 44 AC. • r�� �� • 44 y9r l• 0 •-1'Is-- 0 - s e _ Jy iq ��(i �r, _ .pit it 1 a part 1 . ..... . . . ism AvE •-...: . - - - ... .... . - . _ . ..... I .... • . .. . ... „\i. — ... 1.— '\410°T.% • ,, M ■ . : I } . _ ..... _. ____ — ..\)......I. ., I • • ... , .. .._ • < 71.----&-vg --: -. ---::-- .- 7 MI A -. ...,r.._..._.... ..__... .. R .:, ..N -...--. _____ =isniiiiif..".7=t= = . ....... . . LI . .,), i • rn— 0 ....., 1 ...—• . -, , . **1•#: ., ..... .. _.........._. .. ft— z N........ --I — P. s„,-. —i - • K -< 3> . • . I .1___. i -- — --- 3,s,_..._-__ • -10 • .,,,....--'----,,...--;-•- mu- - ...- • .----:.m....--- -•.-- ----- --- . .,,,, . ,. ..,...,-..,,,--- . ... •• ... ... _..• ..._............._.• . . ..... ... • .... ..... -03--N... ...--' -•- .. . . . . ...-______ __ ...__ -1.----—-•—.-..-- .----7.,..., -'' - .. . 4;47-3i1r3'. ...... . . ,.:.--5-"4" .....-1 0 ...-&-'.. .‘,.'" 1 .-... • - (.1) t t % ,... .. In ............ ..„......___ z ,.. vs...,-,......,..-1;... ..._ 0 lg.iii . ..........•. ... .....• 1 .. • .. •••.• .. .. . ci al M:.110 -I i , .•49.01.6 ----- madviontes ... , .1 .-'"'-----1•'..- / . •--• 11...... - ( t 1 1 1 • C I \ -• ' . le • I CITY OF TIGARD PLANNING DEPT. „i4, _II . .. . . . . . . . . . . . . .. . . .. . .. . . . . . ... . . . . . • • EXHIBIT E • CITY OF TIGARD,OREGON , ...x RESOLUTION NO.9T•`+g • as A RESOLUTION INITIATING THE VACATION OF: 1) APPROXIMATELY 16,174 SQUARE FEET OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS SW FANNO CREEK PLACE; AND 2) APPROXIMATELY 4,914 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE WESTERLY LINE OF LOT 36 OF"FANNO CREEK ACRE TRACTS". WHEREAS,the right-of-way had been dedicated to the public;and, WHEREAS.the approximately 4.914 square foot road had been dedicated with the platting of"Fenno Creek Acre Tracts"in 1911:and. WHEREAS,SW Fenno Creek Place is an unimproved roadway that provides secondary access to Elmo Studd's and Northwest Landscape Industries;and. WHEREAS,the approximately 4.914 square feet of public right-of-way adjacent to the westerly line of lot 36 of "Fenno Creek Acre Tracts"is also undeveloped and not used in any way;and. WHEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an approximately 16.174 square foot portion of SW Fanno Creek Place;and, TBEREAS, the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate an • approximately 4.914 square foot portion of an unnamed roadway adjacent to lot 36 of"Fenno Creek Acre Tracts"; and. WHEREAS,the public right-of-way may no longer be necessary:and. • WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for the vacation of: 1) approximately 16,174 square feet of public right-of-way commonly known as SW Fenno Creek Place; and 2) approximately 4.914 square feet of public right-of-way adjacent to the westerly line of lot 36 of "Fanno Creek Acre Tracts", as more particularly described in Exhibit "A" and Exhibit"B'. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday,January 27, 1998,at 7:30 p.m.at Tigard City Hall,1312.1 SW Hall Boulevard,within the City of Tigard. at which time and place the Council will hear any objections thereto, and any interested person may appear and be heard. for or against, the proposed vacating of said public right-of-way. RESt7Lt mON NO.97.' O j Paget of t!citride reAvahserl.lnz Ncw.t.1iQ1 . • M Section 3: The City Recorder is hereby authorized and directed to cause to have published'in :tie Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be on January 8, 1998 and the final publication to be on January 15, 1998. The Recorder is further directed to cause to have posted within five(5) days after the date of first publication,a copy of said notice at,or near,each end of the area rt proposed to be vacated. °c�t Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit"A"and ..- Exhibit"8" and by reference,made a part hereof. 0-k_ 1 PASSED: Thiso4e day ofIgeolige 1991 A Cl Ef TEL 444.1 04 � �Gdietildivi co Ii±LEL� City Recorder-City of Tigard RESOLLmON NO.97+ j� 0 2of 2 I:�eity�wtdelrealvaotaak.iot � Nov.13/97 Waster,Coup,Oregon 2006-039844 04108/200610:57:19 AM 3 D-VAC Cnt=1 8t11=4 K BARNETT $35.00$0.00$11.00$100.00-Total•$152.00 1 11111011111111111111 i I I 100 00932873200600398440070079 I,Jerry Hanson,Director of Asssssrunt and Taxation :•�s:r and Ex-Officio County Clerk for Washington County, Oregon,do hereby certify that the within Instrument of„ ,••• writing was reeved and recorded Inbook of / records of said county. bit Taxation, / IM Jerry R.Hanson,Director esesament and - Ex• fliclo County Clerk TIGARD After Recording, Return to: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Name of Transaction: VACATION • An Ordinance concerning the Vacation of an approximately 7,845 square foot portion of an un-named public right-of-way which lies to the east of SW 741 Avenue and east of the S P & S Railroad right-of-way, north of SW Durham Road, in the City of Tigard, Washington County, Oregon. (VAC 2005-00003). • CITY OF TIGARD,OREGON ORDINANCE NO.06- 0 I AN ORDINANCE VACATING AN APPROXIMATELY 7,845 SQUARE FOOT PORTION OF AN.UN-NAMED PUBLIC RIGHT-OF-WAY WHICH LIES TO THE EAST OF SW 74TH AVENUE AND EAST OF THE S P & S RAILROAD RIGHT-OF-WAY, NORTH OF SW DURHAM ROAD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2005-00003). WHEREAS,the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on December 20, 2005, and has been recommended by the Community Development Department; and WHEREAS,the approximate 7,845 square feet of unnamed right-of-way to be vacated has never been used for public or private road purposes and is not required for ingress or egress to or from adjoining properties;and WHEREAS, the applicants have requested that the City of Tigard vacate an un-named public right-of-way approximately 7,845 square feet in area and described in exhibits "A-1 and A-2" and `B-1 and B-2";and WHEREAS,the City will no longer have maintenance responsibility for this area;and WHEREAS, all affected service providers, including utility companies and emergency service providers,have reviewed the vacation proposal and have provided no objections;and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as described by ORS 271.080;and WHEREAS,in accordance with Tigard Municipal Code 15.08.120,notice of the public hearing was posted in the area to be vacated and published in the newspaper;and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS,the City Council having considered the request on February 28,2006, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation,as provided by ORS 271.120.and TMC Section 15.08.130;and NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said 7,845 square foot portion of public right-of-way as shown and described in the attached Exhibits "A-1,A-2,B-1 and B-2"(legal descriptions and map of the area to be vacated), and by this reference,made part thereof. ORDINANCE NO.06-0/ Page 1 of 2 i:\curpin\james\VACIVAC2005-00003.ord • SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder and upon.. ,recording of a certified copy of the ordinance by the City Recorder. PASSED: By I I n Q n I rfottS vote of all Council members present after being read by number and title only, this q41day of 'u ,2006. nP Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this 4� day of ( A'U .Q , 2006. Craig/Dksen,Mayor Appr•ved as to form: T1 • • Li I \� Ci ! ttomey Date • e, Certified to be a true copy of the Ongina/on fk at City of, U' Tigar ity HaIL n • By ! J�r_•�_ _ 3. I -J(P • C: Recorder,City of Tigard 4 Date T c n 2 n t, ORDINANCE No.06-0/ Page 2 of 2 Page 2 III • 1 EKH t 1 IT /1 i. ff‘ ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SEC770N 12, (ID TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON 1"..60' OCTOBER 25TH, 2005 I ! ! ! I _ 1 n 7 3 4 I ! I / / --_____ N / N. O g /I I o •z / ct / / . tu / k. I C) / TL 1300 CO Al / Q CL / / 4 , l � / � ROAD FA NN TR A C "'" VACATION A c R E AREA ''2 3849 SF / =;o / / r,-,V; TL. 1200 TL 1100 / '2 , AKERMAN / WA THEY / / ' DOC. NO. 92031816 / / / / , •/ / L O.T 36 / lI / < :- ktel DEVELOPMENT • 2407 NE 292nd Avenue Camas,WA 98607 360.834.2519 Fax.834.5498 • EXHIBIT A-2. 2407 NE 292nd Avenue (13 Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT c.halcumb @verizon.net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest 114 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, In the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying North of the Westerly Extension of the South line of said Lot 35, and lying South of the Westerly extension of the North line of that Tract of Land described In deed to Richard D. Akerman and James E. Wathey, recorded in Document Number 92031816, Washington County Deed Records. Containing 3,849 Square Feet. • 0 E>01 I8IT g"J. 0 ROAD VACATION SKETCH LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF 77GARD, COUNTY OF WASHINGTON, STATE OF OREGON in-s0' OCTOBER 25774, 2005 I 1 1 1 1 1 nT 3 4 1 r 1 ';7- / 0..-,..,-.., r I p j ;;i r r .� ,•:,;,::,,, ROAD R 1300 • I ;;; VACA770N LARUSSO CONCRETE `V- ,i AREA (u : 3996 SF COMPANY, INC. I e, ci,J ,'::-,<,:"..:,: DOC. NO. 2000032753 ,,,,://: /' / Q t — / .. // c, - — — _.a-- ^D►- .FANN TRAC gr .ACRE� O // 9`O, / // V �, TL 1200 Ti_ 1100 / / .4• 3p, Q / / / / 6 / / L O•T 3 / / < Al) DEVELOPMENT 2407 NE 292nd Avenue Camas, WA 98607 360.834.2529 Fax.834.5498 Ex.HtBI'r g�Z 2407 NE 292nd Avenue tol) Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT c.halcumb @verizon.net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Legal Description 30-foot Wide Public Right of Way Vacation October 25, 2005 A portion of that 30-foot wide roadway dedicated to the public by Fanno Creek Acre Tracts, a Plat of Record in Book 5, Page 14, Washington County Survey Records, Situated in the Southwest y4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: All of said 30-foot wide roadway lying West of Lot 35, Fanno Creek Acre Tracts, lying East of the S P & S Railroad 50-foot wide Right of Way, lying South of the Westerly Extension of the North line of said Lot 35, and lying North.of the Westerly extension of the South line of that Tract of Land described In deed to Larusso Concrete Company, Inc., recorded In Document Number 2000032753, Washington County Deed Records. Containing 3,996 Square Feet. Wilton County,Oregon 2007-017198 02/1412007 02:58:29 PM D-M Cnt=9 Stn=8 C PFEIFER RECORDING REQUESTED BY $155.00$25.00 58.00$11.00-Total=$197.00 AND WHEN RECORDED MAIL TO: IH IIOII IIIIIUIflhII I Illlillllll Margaret Kowalewski 01075160200700171980310314 Wells Fargo Bank, N.A. I.Richard Hobemicht,Director of Assessment end Taxation and Ex.Ortlelo County Clerk for Washington ,,�_ ,1 County,Oregon,do hereby certW that the within Re: Loan No. 104072 Instrument of writing wee eceived and recorded In the l. �� ' 123 North Wacker Drive, Suite 1900 book of records of said count (� /� Chicago IL 60606 Richard Hobemlcht,Director Ass/essment end : r Taxation,Es-O icio Coun Clerk � yr1�� �(( �� LINE OF CREDIT INSTRUMENT 3�kPSIS-2,75540cgalNPI,J advanced principal be dvanced pursuant to the credit agreement secured by this W line of credit instrument is$25,260,000. IThe maximum principal amount stated above may be exceeded by advances to complete 'iI construction. The maturity date of the credit agreement secured by this line of credit instrument, exclusive of any option to renew or extend such maturity date, is August 12,2008. CONSTRUCTION DEED OF TRUST WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATUTORY NOTICE: The name and address of the entity holding a lien or other interest created by this instrument is: Wells Fargo Bank, N.A. 123 North Wacker Drive, Suite 1900 Chicago, IL 60606 The tax account number(s)of the property subject to the lien or in which the interest is created is: R513144 R513162 R513153 R513420 R513411 R513402 R513180 • O z O U L C:\Documents and Settings\jschlossman\Local Settings\Temporary Internet Files\OLK I\Deed of Trust v6(020907).DOC CONSTRUCTION DEED OF TRUST WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING THIS CONSTRUCTION DEED OF TRUST WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING("Deed of Trust") is made as of February 12, 2007, by and among OPUS NORTHWEST, L.L.C.,a Delaware limited liability company, having an address at 10350 Bren Road West,Minnetonka,Minnesota 55343 ("Grantor"), FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation("Trustee"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, having an address at 123 N. Wacker Drive, Suite 1900, Chicago, IL 60606 ("Beneficiary"). RECITALS: A. Grantor and Beneficiary have executed that certain Construction Loan Agreement of even date herewith(as the same may from time to time be amended, modified, restated or extended, the "Loan Agreement"). B. Pursuant to the Loan Agreement, Beneficiary has agreed to make a construction loan to Grantor(the "Loan") in the maximum principal amount of TWENTY-FIVE MILLION TWO HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($25,260,000.00) at any one time outstanding. All capitalized terms used herein shall have the same meanings as set forth in the Loan Agreement, unless otherwise defined herein. C. The execution and delivery of this Deed of Trust is a condition precedent to the performance by Beneficiary of its obligations under the Loan Agreement. NOW, THEREFORE, in consideration of the making of the Loan by Beneficiary, and to secure the certain obligations set forth below, and for other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, Grantor, Trustee and Beneficiary hereby agree as follows: ARTICLE I. GRANT IN TRUST A. Grant. For the purposes of and upon the terms and conditions in this Deed of Trust, Grantor irrevocably grants, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all of that real property located in the City of Tigard, County of Washington, State of Oregon, described on Exhibit A attached hereto (the "Real Property"), subject only to the liens described on Exhibit B attached hereto ("Permitted Liens") together with all right, title, interest, and privileges of Grantor in and to all streets, ways, roads and alleys used in connection with or pertaining to such real property or the improvements thereon, together with all development rights or credits, air rights, water, water rights and water stock related to the real property, and all minerals, oil and gas, and other hydrocarbon substances in, on or under the real property, and 2 C:\Documents and Settings\jschlossman\Local Settings\Temporary Internet Files\OLKI\Deed of Trust v6(020907).DOC • • all appurtenances, easements, rights and rights of way appurtenant or related thereto; any declarant's Rights under any equitable servitudes or covenants, conditions and restrictions pertaining to the real property described on Exhibit A, hereto, provided, however, that Beneficiary shall have no liability thereunder unless and until Beneficiary forecloses on the Real Property; all buildings, other improvements and fixtures now or hereafter located on the real property, including, without limitation, all apparatus, equipment, and appliances used in the operation or occupancy of the real property, it being intended by the parties that all such items shall be conclusively considered to be a part of the real property, whether or not attached or affixed to the real property (the "Improvements"); all interest or estate which Grantor may hereafter acquire in the property described above, and all additions and accretions thereto, and the proceeds of any of the foregoing (all of the foregoing being collectively referred to as the "Subject Property"); TO HAVE AND TO HOLD the Subject Property unto Beneficiary, forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Subject Property unto Beneficiary and Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; provided, however, that if Grantor shall pay (or cause to be paid) and shall perform and discharge (or cause to be performed and discharged)the Secured Obligations on or before the date same are to be paid, performed and discharged, then the liens, security interests, estates, rights and titles granted by this Deed of Trust shall terminate in accordance with the provisions hereof, otherwise same shall remain in full force and effect. The listing of specific rights or property shall not be interpreted as a limit of general terms or as a limit of a general class description. B. Address. The address of the Subject Property is 16037 SW Upper Boones Ferry Road, Tigard,Oregon 97224; 16083 SW Upper Boones Ferry Road,Tigard,Oregon 97224; 16045 SW Upper Boones Ferry Road,Tigard, Oregon 97224. However, neither the failure to designate an address nor any inaccuracy in the address designated shall affect the validity or priority of the Lien of this Deed of Trust on the Subject Property as described in Exhibit A. ARTICLE II. OBLIGATIONS SECURED A. Obligations Secured. Grantor makes this grant and assignment for the purpose of securing the following obligations (the "Secured Obligations"): (i) payment to Beneficiary of all sums at any time owing under the Note; (ii) payment and performance of all covenants and obligations of Grantor under this Deed of Trust; (iii) payment and performance of all covenants and obligations of Grantor, as "Borrower" under the Loan Agreement, including, without limitation, the Loan Obligations and the obligations to complete the Improvements; and (iv) all modifications, extensions and renewals of any of the obligations secured hereby, however evidenced, including, without limitation: (a) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (b) modifications, extensions or renewals at a different rate of interest, whether or not, in the case of a note, the modification, extension or renewal is evidenced by a new or additional promissory note or notes. Notwithstanding anything to the contrary contained herein, this Deed of Trust does not secure, and "secured obligations" do not include, any obligations of Grantor under the Environmental Indemnity. 3 - • B. Obligations. The term "obligations" is used herein in its broadest and most comprehensive sense and shall be deemed to include, without limitation, all interest and charges, prepayment charges (if any), late charges and loan fees at any time accruing or assessed on any of the Secured Obligations. C. Incorporation. All terms of the Secured Obligations and the documents evidencing such obligations are incorporated herein by this reference. All Persons who may have or acquire an interest in the Subject Property shall be deemed to have notice of the terms of the Secured Obligations and to have notice, if provided therein, that the rate of interest on one or more Secured Obligations may vary from time to time. ARTICLE III. ASSIGNMENT OF LEASES AND RENTS A. Assignment. Grantor hereby irrevocably assigns to Beneficiary all of Grantor's right, title and interest in, to and under: (i) all leases of the Subject Property or any portion thereof, all licenses and agreements relating to the management, leasing or operation of the Subject Property or any portion thereof, and all other agreements of any kind relating to the use or occupancy of the Subject Property or any portion thereof, whether now existing or entered into after the date hereof, including any entered into during any redemption period after foreclosure of this security interest (the "Leases"); and (ii) the rents, issues, deposits and profits of the Subject Property, including, without limitation, all amounts payable and all rights and benefits accruing to Grantor under the Leases and all letters of credit provided to Grantor as security under the Leases (the "Payments"). The term "Leases" shall also include all guarantees of and security for the lessees' performance thereunder, and all amendments, extensions, renewals or modifications thereto which are permitted hereunder. This is a present and absolute assignment, not an assignment for security purposes only, and Beneficiary's right to the Leases and Payments is not contingent upon, and may be exercised without possession of, the Subject Property. B. Grant of License. Beneficiary confers upon Grantor a license ("License") to collect and retain the Payments as they become due and payable, until the occurrence of a Default(as hereinafter defined). Upon a Default, the License shall be automatically revoked and Beneficiary may collect and apply the Payments pursuant to Section VI.D. without notice and without taking possession of the Subject Property, and Grantor shall promptly deliver to Beneficiary all Payments held by Grantor. Grantor hereby irrevocably authorizes and directs the lessees under the Leases to rely upon and comply with any notice or demand by Beneficiary for the payment to Beneficiary of any rental or other sums which may at any time become due under the Leases, or for the performance of any of the lessees' undertakings under the Leases, and the lessees shall have no right or duty to inquire as to whether any Default has actually occurred or is then existing hereunder. Grantor hereby relieves the lessees from any liability to Grantor by reason of relying upon and complying with any such notice or demand by Beneficiary. 4 • C. Effect of Assignment. The foregoing irrevocable Assignment shall not cause Beneficiary to be: (i) a "mortgagee in possession;" (ii) responsible or liable for the control, care, management or repair of the Subject Property or for performing any of the terms, agreements, undertakings, obligations, representations, warranties, covenants or conditions of the Leases; or(iii) responsible or liable for any waste committed on the Subject Property by the lessees under any of the Leases or any other parties; for any dangerous or defective condition of the Subject Property; or for any negligence in the management, upkeep, repair or control of the Subject Property resulting in loss or injury or death to any lessee, licensee, employee, invitee or other Person. Beneficiary shall not directly or indirectly be liable to Grantor or any other Person as a consequence of: (A) the exercise or failure to exercise any of the rights, remedies or powers granted to Beneficiary hereunder; or(B) the failure or refusal of Beneficiary to perform or discharge any obligation, duty or liability of Grantor arising under the Leases. D. Representations and Warranties. Grantor represents and warrants that as of the date hereof: (i) all existing Leases are in full force and effect and are enforceable in accordance with their respective terms, and no breach or default, or event which would constitute a breach or default after notice or the passage of time, or both, exists under any existing Leases on the part of any party; (ii) except as provided in the Leases, no rent or other payment under any existing Lease has been paid by any lessee for more than one (1) month in advance; and (iii) none of the lessor's interests under any of the Leases has been transferred or assigned. Nothing contained in this Deed of Trust permits, nor shall be deemed to permit, Grantor to enter into any Lease with respect to all or any portion of the Real Property or the Improvements, except as permitted under the Loan Agreement. E. Covenants. If at any time after the date hereof, Grantor enters into any Lease as permitted under the Loan Agreement, Grantor covenants and agrees at Grantor's sole cost and expense to: (i)perform the obligations of lessor contained in the Leases and use commercially reasonable efforts to enforce by all available remedies, performance by the lessees of the obligations of the lessees contained in the Leases; (ii) give Beneficiary prompt written notice of any default which occurs with respect to any of the Leases that continues beyond any applicable cure periods, whether the default be that of the lessee or of the lessor; (iii) deliver to Beneficiary fully executed, counterpart copies of each and every Lease if requested to do so; and (iv) execute and record such additional assignments of any Lease or specific subordinations of any Lease to the Deed of Trust, in form and substance acceptable to Beneficiary, as Beneficiary reasonably may request. Grantor shall not, without Beneficiary's prior written consent or unless otherwise permitted by any provision of the Loan Agreement: (a) enter into any Leases (other than Approved Leases) after the date of this.Assignment; (b) execute any other assignment relating to any of the Leases or Payments; (c) discount any rent or other sums due under the Leases or collect the same in advance, other than to collect rent one (1) month in advance of the time when it becomes due; (d) terminate, modify or amend any of the terms of any Material Leases or, in any manner, release or discharge the lessees from any obligations thereunder; (e) consent to any assignment or subletting by any lessee of any.Material Lease; or(f) subordinate or agree to subordinate any of the Leases to any other deed of trust or encumbrance. Any such attempted action in violation of the provisions of this Section III.E. shall be null and void. Without in any way limiting the requirement of 5 • • Beneficiary's consent hereunder, any sums received by Grantor in consideration of any termination(or the release or discharge of any lessee), modification or amendment of any Material Lease shall be paid to Beneficiary and applied to reduce the outstanding Secured Obligations and any such sums received by Grantor shall be held in trust by Grantor for such purpose; provided, however, that such amounts need not be paid to Beneficiary in the event that after such termination (or release or discharge of any lessee), modification or amendment, not less than forty percent(40%)of the net rentable square footage in the Improvements then encumbered by this Deed of Trust is leased under Approved Leases(excluding(i)Leases under which the tenants have defaulted in the payment of rent beyond applicable cure periods, (ii) Leases under which Borrower has sent a notice of material default to the applicable tenant and which default remains uncured beyond applicable cure periods and(iii)Approved Leases under which the tenants have occupied their premises but have subsequently ceased operations and defaulted in the payment of rent beyond any applicable cure periods,but including Approved Leases under which the tenants have not yet taken initial occupancy of their premises so long as such tenants have not defaulted in the payment of rent beyond any applicable cure periods and Borrower has not sent a notice of material default to the applicable tenant which default remains uncured beyond applicable cure periods)satisfying the rental requirements of Section 2.3(F)of the Loan Agreement. F. Rights Relating to Leases and Rents Following a Default. Grantor has, pursuant to Section III.A. of this Deed of Trust, assigned to Beneficiary all Payments under each of the Leases covering all or any portion of the Subject Property. Following the occurrence and during the continuation of a Default and whether before or after the institution of proceedings to foreclose the lien hereof or before or after sale thereunder or during any period of redemption,the Beneficiary,without regard to waste, adequacy of the security or solvency of the Grantor,may revoke the privilege granted the Grantor hereunder to collect the Payments, and may, at its option,without notice,either: (a)in person or by agent,with or without taking possession of or entering the Subject Property,with or without bringing any action or proceeding, give, or require the Grantor to give,notice to any or all tenants under any Lease authorizing and directing the tenant to pay such Payments to the Beneficiary; collect all of the Payments; enforce the payment thereof and exercise all of the rights of the landlord under the Leases and all of the rights of the Beneficiary hereunder;may enter upon,take possession of,manage and operate the Subject Property,or any part thereof;may cancel, enforce or modify the Leases,and fix or modify rents, and do any acts which the Beneficiary deems proper to protect the security hereof with or without taking possession of the Subject Property; or(b)apply for the appointment of a receiver in accordance with the statutes and law made and provided for,which receivership the Grantor hereby consents to,who shall collect the Payments, and all other income of any kind,manage the Subject Property so to prevent waste, execute Leases within or beyond the period of receivership, and perform the terms of this Deed of Trust and apply the Payments as hereinafter provided. The entering upon and taking possession of the Subject Property,the appointment of a receiver,the collection of such Payments and the application thereof as aforesaid shall not cure or waive any Default under this Deed of Trust nor in any way operate to prevent the Beneficiary from pursuing any other remedy which it may now or hereafter have under the terms of this Deed of Trust nor shall it in any way be deemed to constitute the Beneficiary a mortgagee-in-possession. The rights and powers of the Beneficiary hereunder shall remain in full force and effect both prior to and 6 • 10 after any foreclosure of the Deed of Trust and any sale pursuant thereto or pursuant to any other exercise of remedies hereunder and until expiration of the period of redemption from said sale, regardless of whether a deficiency remains from said sale. The purchaser at any foreclosure sale or other sale pursuant to an exercise of remedies hereunder, including the Beneficiary, shall have the right, at any time and without limitation, to advance money to any receiver appointed hereunder to pay any part or all of the items which the receiver would otherwise be authorized to pay if cash were available from the Subject Property and the sum so advanced, with interest at the rate then in effect under the terms of the Note, shall be a part of the sum required to be paid to redeem from any foreclosure sale or other sale pursuant to an exercise of remedies hereunder. The rights hereunder shall in no way be dependent upon and shall apply without regard to whether the Subject Property is in danger of being lost,materially injured or damaged or whether the Subject Property is adequate to discharge the Secured Obligations. All Payments collected by Beneficiary shall be applied as provided for in this Deed of Trust; provided,however, that if the costs,expenses, and attorneys' fees shall exceed the amount of Payments collected, the excess shall be added to the Secured Obligations,shall bear interest at the rate of interest then applicable on the outstanding principal balance of the Note, and shall be immediately due and payable. The entering upon and taking possession of the Subject Property,the collection of Payments, and the application thereof as aforesaid shall not cure or waive any Default or notice of default,if any, hereunder nor invalidate any act done pursuant to such notice,except to the extent any such Default is fully cured. Failure or discontinuance by Beneficiary at any time or from time to time, to collect said Payments shall not in any manner impair the subsequent enforcement by Beneficiary of the right,power and authority herein conferred upon it. Nothing contained herein, nor the exercise of any right,power,or authority herein granted to Beneficiary shall be,or shall be construed to be, an affirmation by it of any tenancy, lease,or option,nor an assumption of liability under,nor the subordination of,the lien of this Deed of Trust,to any such tenancy, lease, or option,nor an election of judicial relief,if any such relief is requested or obtained as to Leases or Payments,with respect to the Subject Property or any other collateral given by Grantor to Beneficiary. In addition, from time to time Beneficiary may elect, and notice hereby is given to each lessee under any Lease, to subordinate the lien of this Deed of Trust to any Lease by unilaterally executing and recording an instrument of subordination,and upon such election the lien of this Deed of Trust shall be subordinate to the Lease identified in such instrument of subordination;provided,however,in each instance such subordination will not affect or be applicable to,and expressly excludes any lien, charge,encumbrance,security interest, claim, easement,restriction, option, covenant and other rights,titles, interests or estates of any nature whatsoever with respect to all or any portion of the Subject Property and Collateral to the extent that the same may have arisen or intervened during the period between the recordation of this Deed of Trust and the execution of the Lease identified in such instrument of subordination. G. Application Of Other Sums. Any Payments collected pursuant to the terms of Section III.F hereof shall be applied in the following order: (a)to payment of all fees of any receiver appointed hereunder;(b)to application of tenant's security deposits as required by applicable law; (c)to payment when due of prior or current real estate taxes or special assessments with respect to the Subject Property or,if this Deed of Trust so requires, to the periodic escrow for payment of the taxes or special assessments then due; (d)to payment when due of premiums for insurance of the type required by the Loan Agreement or; if this Deed of 7 0 • Trust so requires,to the periodic escrow for payment of premiums then due; and(e)to payment of all expenses for normal maintenance of the Subject Property. Any Payments remaining after application of the above items shall be applied to the Secured Obligations on a monthly basis. If the Subject Property shall be foreclosed and sold pursuant to a foreclosure sale or other exercise of remedies hereunder, then: (i) If the Beneficiary is the purchaser at the foreclosure or other sale, the Payments shall be paid to the Beneficiary to be applied to the extent of any deficiency remaining after the sale, the balance to be retained by the Beneficiary,and if the Subject Property is redeemed by the Grantor or any other party entitled to redeem,the Payments shall be applied as a credit against the redemption price with any remaining excess Payments to be paid to the Grantor,provided,if the Subject Property is not redeemed, any remaining excess Payments shall belong to the Beneficiary,whether or not a deficiency exists. (ii) If the Beneficiary is not the purchaser at the foreclosure or other sale,the Payments shall be paid to the Beneficiary to be applied to the extent of any deficiency remaining after the sale,the balance to be retained by the purchaser, and if the Subject Property is redeemed by the Grantor or any other party entitled to redeem,the Payments shall be applied as a credit against the redemption price with any remaining excess Payments to be paid to the Grantor,provided,if the Subject Property is not redeemed,any remaining excess Payments shall be paid first,to the purchaser at the foreclosure or other sale in an amount equal to the interest accrued upon the sale price pursuant to applicable law,then to the Beneficiary to the extent of any deficiency remaining unpaid and the remainder to the purchaser. ARTICLE IV. SECURITY AGREEMENT AND FIXTURE FILING A. Security Interest. Grantor hereby grants and assigns to Beneficiary, as of the date hereof, a security interest, to secure payment and performance of all of the Secured Obligations, in all of the following described personal property in which Grantor now or at any time hereafter has any interest(collectively, the "Collateral"): All goods, software, building and other materials, supplies, work in process, equipment, machinery, fixtures, furniture, furnishings, signs and other personal property, wherever situated, which are or are to be incorporated into, used in connection with, or appropriated for use on (i) the real property described on Exhibit A attached hereto and incorporated by reference herein, or(ii) the Improvements, together with all rents, issues, deposits and profits of the Subject Property (to the extent, if any, they are not subject to Article III); all inventory, accounts, cash receipts, deposit accounts, accounts receivable, contract rights, general intangibles that relate solely to the Trust Property or the Loan Documents, causes of action, choses in action that relate solely to the Trust Property, commercial tort claims that relate solely to the Trust Property, damages, chattel paper, instruments, documents, notes, drafts, letters of credit, letter-of-credit rights, insurance policies, insurance and condemnation awards and proceeds, any other rights to the payment of money, trade names, trademarks, tradestyles, logos and service marks arising from or related to the Subject Property 8 • (other than any trade names,trademarks, tradestyles,logos or service marks related to "Opus"or any derivation thereof) or any business now or hereafter conducted thereon by Grantor; all permits, consents, approvals, licenses, authorizations and other rights granted by, given by or obtained from, any governmental entity with respect to the Subject Property; all deposits or other security now or hereafter made with or given to utility companies by Grantor with respect to the Subject Property; all advance payments of insurance premiums made by Grantor with respect to the Subject Property; all plans, drawings and specifications relating to the Subject Property; all Loan funds held by Beneficiary, whether or not disbursed; all funds deposited with Beneficiary pursuant to any loan agreement; all reserves, deferred payments, deposits, accounts, refunds, cost savings and payments of any kind related solely to the Subject Property or any portion thereof; together with all replacements and proceeds of, and additions and accessions to, any of the foregoing; together with all books, records and files relating to any of the foregoing. As to all of the above described personal property which is or which hereafter becomes a "fixture" under applicable law, this Deed of Trust constitutes a fixture filing under Sections 9-102(a)(40) (ORS 79.0102 (nn)), 9-334 (ORS 79.0334) and 9-502(b) (ORS 79.0502 (2)) of the Oregon Uniform Commercial Code, as amended or recodified from time to time ("UCC"), and is acknowledged and agreed to be a "construction mortgage" under such Sections. Grantor acknowledges that by entering into the security agreements contained in this Deed of Trust and the other Loan Documents, Grantor has authorized the filing of financing statements, fixture filings, and any amendments thereto, in accordance with the UCC, covering the Collateral. B. Representations and Warranties. Grantor represents and warrants that: (i) Grantor has good title to the Collateral in existence as of the Effective Date, and will have good title to Collateral acquired after the Effective Date; (ii) Grantor has not previously made any assignment or encumbrance of the Collateral that remains in effect, and no financing statement covering any of the Collateral that remains in effect has been delivered to any other Person; (iii) Grantor's principal place of business is 10350 Bren Road West, Minnetonka, Minnesota 55343; (iv) the exact legal name of Grantor is as stated in the first paragraph of this Deed of Trust; (v) Grantor is a Delaware limited liability company; (vi) Grantor's organizational identification number is 2436602 (Delaware); (vii) Grantor's tax identification number is 91-1653909, (viii) Grantor has not changed its state of organization to a different state; (ix) Grantor has not had any names other than the name set forth in the first paragraph of this Deed of Trust during the past five years; and (x) the fixtures in which Grantor is granting Beneficiary a security interest hereunder are located in Tigard, Washington County, Oregon. C. Rights of Beneficiary. In addition to Beneficiary's rights as a "Secured Party" under the UCC, Beneficiary may, but shall not be obligated to, at any time without notice and at the expense of Grantor: (i) give notice to any Person of Beneficiary's rights hereunder and enforce such rights at law or in equity; (ii) insure, protect,defend and preserve the Collateral or any rights or interests of Beneficiary therein; (iii) inspect the Collateral; and (iv) endorse, collect and receive any right to payment of money owing to Grantor under or 9 • from the Collateral. Notwithstanding the above, in no event shall Beneficiary be deemed to have accepted any property other than cash in satisfaction of any obligation of Grantor to Beneficiary unless Beneficiary shall make an express written election of said remedy under Sections 9-620 (ORS 79.0620) and 9-621 (ORS 79.0621) the UCC, or other applicable law. D. Power of Attorney. Grantor hereby irrevocably appoints Beneficiary as Grantor's attorney-in-fact (such agency being coupled with an interest), and as such attorney- in-fact Beneficiary may, without the obligation to do so, in Beneficiary's name, or in the name of Grantor, prepare, execute and file or record financing statements, continuation statements, applications for registration and like papers necessary to create, perfect or preserve any of Beneficiary's security interests and rights in or to any of the Collateral, and, upon a Default hereunder, take any other action required of Grantor; provided, however, that Beneficiary as such attorney-in-fact shall be accountable only for such funds as are actually received by Beneficiary. E. Possession and Use of Collateral. Except as otherwise provided in this Section or the other Loan Documents, so long as no Default exists under this Deed of Trust or any of the Loan Documents, Grantor may possess, use, move, transfer or dispose of any of the Collateral in the ordinary course of Grantor's business and in accordance with the Loan Agreement. F. Covenants. Grantor agrees: (a)to execute and deliver such documents as Beneficiary deems reasonably necessary to create,perfect and continue the security interests contemplated hereby;(b)not to change its name, and as applicable,its chief executive office, its principal residence,the nature of its entity or the jurisdiction in which it is organized and/or registered without giving Beneficiary prior written notice thereof; (c)not to change the location of the fixtures from those referred to in Section N.B.; and(d)to cooperate with Beneficiary in perfecting all security interests granted herein and use commercially reasonable efforts in obtaining such agreements from third parties as Beneficiary deems necessary,proper or convenient in connection with the preservation,perfection or enforcement of any of its rights hereunder. ARTICLE V. RIGHTS AND DUTIES OF THE PARTIES A. Title. Grantor represents and warrants that, except as disclosed to Beneficiary in a writing which refers to this warranty, Grantor lawfully holds and possesses fee simple title to the Subject Property, Collateral, Leases, and any other property subject to the Deed of Trust ("Trust Property"), subject to the Permitted Liens, without limitation on the right to encumber, and that, subject to the Permitted Liens, this Deed of Trust is a first and prior Lien on the Subject Property and Collateral. B. Taxes and Assessments. Subject to Grantor's rights to contest payment of taxes as may be provided in the Loan Agreement, Grantor shall pay prior to delinquency all taxes, assessments, levies and charges imposed by any public or quasi-public authority or utility company which are or which may become Liens upon or cause a loss in value of the Trust Property or any interest therein. Grantor shall also pay prior to delinquency all taxes, 10 assessments, levies and charges imposed by any public authority upon Beneficiary by reason of its interest in any Secured Obligation or in the Trust Property, or by reason of any payment made to Beneficiary pursuant to any Secured Obligation; provided, however, Grantor shall have no obligation to pay taxes which may be imposed from time to time upon Beneficiary and which are measured by and imposed upon Beneficiary's net income. C. Performance of Secured Obligations. Grantor shall promptly pay and perform each Secured Obligation when due. D. Liens, Encumbrances and Charges. Grantor shall immediately discharge any Lien(other than Permitted Liens, excluding Permitted Liens agreed to by Beneficiary on the condition that they remain subordinate hereto) not approved by Beneficiary in writing whether or not such Lien has or may attain priority over this Deed of Trust. Subject to the provisions of the Loan Agreement regarding mechanics' Liens, Grantor shall pay when due all obligations secured by or reducible to Liens and encumbrances which shall now or hereafter encumber or appear to encumber all or any part of the Trust Property or any interest therein, whether senior or subordinate hereto. Notwithstanding the foregoing, Grantor may execute and record the Lot Line Adjustment(as defined in the Loan Agreement),the Declaration(as defined in the Loan Agreement)and the Sewer Easement(as defined in the Loan Agreement), each,in accordance with the terms and conditions of the Loan Agreement. E. Damages; Insurance and Condemnation Proceeds. The following (whether now existing or hereafter arising) are all absolutely and irrevocably assigned by Grantor to Beneficiary: (a) all awards of damages and all other compensation payable directly or indirectly by reason of a condemnation or proposed condemnation for public or private use affecting all or any part of, or any interest in, the Trust Property; (b) all other claims and awards for damages to, or decrease in value of, all or any part of, or any interest in, the Trust Property; (c) all proceeds of any insurance policies paid by reason of loss sustained to all or any part of the Trust Property; and (d) all interest which may accrue on any of the foregoing. All condemnation awards and compensation and all insurance proceeds shall be applied as set forth in the Loan Agreement. F. Maintenance and Preservation of the Trust Property. Subject to the terms and provisions of the Loan Agreement, Grantor covenants: (i) to comply with the requirements of the Loan Agreement regarding insurance of the Trust Property and to provide Beneficiary with evidence of such insurance as required under the Loan Agreement; (ii) to keep the Trust Property in good condition and repair; (iii) not to remove or demolish the Trust Property or any part thereof, not to alter, restore or add to the Trust Property and not to initiate or acquiesce in any change in any zoning or other land classification which affects the Trust Property without Beneficiary's prior written consent or as provided in the Loan Agreement; (iv) to complete or restore promptly and in good and workmanlike manner the Trust Property, or any part thereof which may be damaged or destroyed, subject to the provisions of the Loan Agreement regarding application of insurance proceeds; (v) to comply with all laws, ordinances, regulations and standards, and all covenants, conditions, restrictions and equitable servitudes, whether public or private, of every kind and character which affect the Trust Property and pertain to acts committed or conditions existing thereon, including, 11 without limitation, any work, alteration, improvement or demolition mandated by such laws, covenants or requirements; (vi) not to commit or permit waste of the Trust Property; (vii) to comply with any and all terms and provisions of the Loan Agreement regarding the maintenance and preservation of the Trust Property; and (viii) to do all other acts which from the character or use of the Trust Property may be reasonably necessary to maintain and preserve its value. G. Defense and Notice of Losses, Claims and Actions. At Grantor's sole expense, Grantor shall protect, preserve and defend the Trust Property and title to and right of possession of the Trust Property, the security hereof and the rights and powers of Beneficiary and Trustee hereunder against all adverse claims. Grantor shall give Beneficiary and Trustee prompt notice in writing of the assertion of any claim, of the filing of any action or proceeding, of the occurrence of any damage to the Trust Property and of any condemnation offer or action. H. Acceptance of Trust; Powers and Duties of Trustee. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust or a certified copy thereof for endorsement, and without affecting the personal liability of any Person for payment of any indebtedness or performance of any obligations secured hereby, Trustee may, without liability therefor and without notice: (i) reconvey all or any part of the Trust Property; (ii) consent to the making of any map or plat thereof; and (iii)join in any grant of easement thereon, any declaration of covenants and restrictions, or any extension agreement or any agreement subordinating the Lien or charge of this Deed of Trust. Except as may be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trust hereunder and the enforcement of the rights and remedies available hereunder, and may obtain orders or decrees directing or confirming or approving acts in the execution of said trust and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding, including, without limitation, actions in which Grantor, Beneficiary or Trustee shall be a party unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability or expense. I. Compensation; Exculpation; Indemnification. (i) Grantor shall pay Trustee's fees and reimburse Trustee for expenses in the administration of this trust, including, without limitation, attorneys' and paralegals' fees and expenses and court costs. Grantor shall pay to Beneficiary reasonable compensation for services rendered concerning this Deed of Trust, including, without limitation, any statement of amounts owing under any Secured Obligation. Beneficiary shall not directly or indirectly be liable to Grantor or any other Person as a consequence of(a) the exercise of the rights, remedies or powers granted to Beneficiary in this Deed of Trust; (b) the failure or refusal of Beneficiary to perform or discharge any obligation or liability of Grantor under any agreement related to the Trust Property or under this Deed of Trust; or (c) any loss sustained by Grantor 12 I or any third party resulting from Beneficiary's failure to lease the Trust Property after a Default(hereinafter defined) or from any other act or omission of Beneficiary in managing the Trust Property after a Default unless the loss is caused by the gross negligence or willful misconduct of Beneficiary and no such liability shall be asserted against or imposed upon Beneficiary, and all such liability is hereby expressly waived and released by Grantor. (ii) GRANTOR INDEMNIFIES BENEFICIARY AND TRUSTEE AGAINST, AND HOLDS BENEFICIARY AND TRUSTEE HARMLESS FROM, ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, CAUSES OF ACTION, JUDGMENTS, COURT COSTS, ATTORNEYS' FEES AND OTHER LEGAL EXPENSES, COST OF EVIDENCE OF TITLE, COST OF EVIDENCE OF VALUE, AND OTHER EXPENSES WHICH BENEFICIARY OR TRUSTEE MAY SUFFER OR INCUR: (A) BY REASON OF THIS DEED OF TRUST; (B) BY REASON OF THE EXECUTION OF THIS TRUST OR IN PERFORMANCE OF ANY ACT REQUIRED OR PERMITTED HEREUNDER OR BY LAW; (C) AS A RESULT OF ANY FAILURE OF GRANTOR TO PERFORM GRANTOR'S OBLIGATIONS; OR(D) BY REASON OF ANY ALLEGED OBLIGATION OR UNDERTAKING ON BENEFICIARY'S OR TRUSTEE'S PART TO PERFORM OR DISCHARGE ANY OF THE REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS OR OTHER OBLIGATIONS CONTAINED IN ANY OTHER DOCUMENT RELATED TO THE TRUST PROPERTY. THE ABOVE OBLIGATION OF GRANTOR TO INDEMNIFY AND HOLD HARMLESS BENEFICIARY AND TRUSTEE SHALL SURVIVE THE RELEASE AND CANCELLATION OF THE SECURED OBLIGATIONS AND THE RELEASE AND RECONVEYANCE OR PARTIAL RELEASE AND RECONVEYANCE OF THIS DEED OF TRUST. (iii) Grantor shall pay all amounts and indebtedness arising under this Section V.I. immediately upon demand by Beneficiary or Trustee, together with interest thereon from the date the indebtedness arises at the rate of interest then applicable to the principal balance of the Note as specified therein. J. Substitution of Trustees. From time to time, by a writing, signed and acknowledged by Beneficiary and recorded in the Office of the Recorder of the County in which the Subject Property is situated, Beneficiary may appoint another trustee to act in the place and stead of Trustee or any successor. Such writing shall set forth any information required by law. The recordation of such instrument of substitution shall discharge Trustee herein named and shall appoint the new trustee as the trustee hereunder with the same effect as if originally named Trustee herein. A writing recorded pursuant to the provisions of this Section V.J. shall be conclusive proof of the proper substitution of such new Trustee. K. Due on Sale or Encumbrance. If a Transfer shall occur in violation of the terms and provisions of the Loan Agreement, such Transfer shall constitute a Default hereunder and Beneficiary, in its sole discretion, may declare all Secured Obligations immediately due and payable and shall have any and all rights and privileges granted to Beneficiary hereunder, under the Loan Agreement and the other Loan Documents. 13 L. Releases, Extensions.Modifications and Additional Security. Without notice to, or the consent, approval or agreement of, any Persons having any interest at any time in the Trust Property or in any manner obligated under the Secured Obligations ("Interested Parties"), Beneficiary may, from time to time, release any Person or entity from liability for the payment or performance of any Secured Obligation, take any action or make any agreement extending the maturity or otherwise altering the terms or increasing the amount of any Secured Obligation, or accept additional security or release all or a portion or the Trust Property and other security for the Secured Obligations. None of the foregoing actions shall release or reduce the personal liability of any of said Interested Parties, or release or impair the priority of the Lien of this Deed of Trust upon the Trust Property. M. Reconveyance. Upon Beneficiary's written request, and upon surrender to Trustee for cancellation of this Deed of Trust or a certified copy thereof and any note, instrument, or instruments setting forth all obligations secured hereby, Trustee shall reconvey, without warranty, the Trust Property or that portion thereof then held hereunder. To the extent permitted by law, the reconveyance may describe the grantee as "the Person or Persons legally entitled thereto" and the recitals of any matters or facts in any reconveyance executed hereunder shall be conclusive proof of the truthfulness thereof. Neither Beneficiary nor Trustee shall have any duty to determine the rights of Persons claiming to be rightful grantees of any reconveyance. When the Trust Property has been fully reconveyed, the last such reconveyance shall operate as a reassignment of all future rents, issues and profits of the Trust Property to the Person legally entitled thereto. In addition, upon satisfaction of all conditions and requirements set forth in Section 2.23 of the Loan Agreement, Trustee shall release and reconvey the applicable portion of the Subject Property to those persons legally entitled thereto, in accordance with such Section 2.23. N. Subrogation. Beneficiary shall be subrogated to the Lien of all encumbrances, whether released of record or not, paid in whole or in part by Beneficiary pursuant to this Deed of Trust or by the proceeds of any loan secured by this Deed of Trust. O. Right of Inspection. Beneficiary, its agents and employees may enter the Subject Property at any reasonable time during business hours for the purpose of inspecting the Subject Property and ascertaining Grantor's compliance with the terms hereof. Beneficiary will use reasonable efforts to avoid interference with the operation and use of the Subject Property. ARTICLE VI. DEFAULT PROVISIONS A. Default. For all purposes hereof, the term "Default" shall mean any Event of Default as defined in the Loan Agreement, including, without limitation, any Event of Default arising from the failure of Grantor to perform any obligations hereunder, or the failure of any representation or warranty of Grantor contained herein to be true and correct. B. Beneficiary's and Trustee's Remedies. Upon the happening of any Default, Beneficiary and Trustee shall each have the right, if such Default shall then be continuing, in addition to all the remedies conferred upon Beneficiary by law or equity or the 14 terms of any Loan Document, to do any or all of the following, concurrently or successively, without notice to Grantor: (i) Right to Accelerate. Beneficiary and Trustee may, without notice, demand, presentment, notice of nonpayment or nonperformance, protest, notice of protest, notice of intent to accelerate, notice of acceleration, or any other notice or any other action, all of which are hereby waived by Grantor and all other parties obligated in any manner whatsoever on the Secured Obligations, declare the entire unpaid balance of the Secured Obligations immediately due and payable, and upon such declaration, the entire unpaid balance of the Secured Obligations shall be immediately due and payable. The failure to exercise any remedy available to the Beneficiary shall not be deemed to be a waiver of any rights or remedies of the Beneficiary under the Loan Documents, at law or in equity. (ii) Right to Perform Grantor's Covenants. If Grantor has failed to keep or perform any covenant whatsoever contained in this Deed of Trust or the other Loan Documents, Beneficiary and Trustee may, but shall not be obligated to any person to do so, perform or attempt to perform said covenant, and any payment made or expense incurred in the performance or attempted performance of any such covenant shall be and become a part of the Secured Obligations, and Grantor promises, upon demand, to immediately pay to Beneficiary, at the place where the Note is payable, all sums so advanced or paid by Beneficiary, with interest from the date when paid or incurred by Beneficiary at the rate of interest then applicable on the outstanding principal balance of the Note. No such payment by Beneficiary shall constitute a waiver of any Default. In addition to the liens and security interests hereof, Beneficiary shall be subrogated to all rights, titles, liens, and security interests securing the payment of any debt, claim, tax, or assessment for the payment of which Beneficiary may make an advance, or which Beneficiary may pay. (iii) Right of Entry. Beneficiary and Trustee may, prior or subsequent to the institution of any foreclosure proceedings, in accordance with applicable law enter upon the Subject Property, or any part thereof, and take exclusive possession of the Subject Property and Collateral and of all books, records, and accounts relating thereto and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection, or preservation of the Subject Property and Collateral, including without limitation the right to rent the same for the account of Grantor and to apply such Payments in the manner provided in Section III.G. of this Deed of Trust. All such costs, expenses, and liabilities incurred by the Beneficiary and Trustee in collecting such Payments and in managing, operating, maintaining, protecting, or preserving the Subject Property and Collateral, if not paid out of Payments as hereinabove provided, shall constitute a demand obligation owing by Grantor and shall bear interest from the date of expenditure until paid at the rate of interest then applicable on the outstanding principal balance of the Note, all of which shall constitute a portion of the Secured Obligations. If necessary to obtain the possession provided for above, Beneficiary and Trustee may invoke any and all legal remedies to dispossess Grantor, including specifically one or more actions for forcible entry and detainer, trespass to try title, and restitution. In connection with any action taken by the Beneficiary or Trustee pursuant to this subsection, Beneficiary and Trustee shall not be liable for any loss sustained by Grantor resulting from any failure to let the Subject Property, or any 15 part thereof, or from any other act or omission of the Beneficiary and Trustee in managing the Subject Property and Collateral unless such loss is caused by the gross negligence or willful misconduct of the Beneficiary, its agent, employees or contractors, nor shall the Beneficiary or Trustee be obligated to perform or discharge any obligation, duty, or liability under any Lease or under or by reason hereof or the exercise of rights or remedies hereunder. GRANTOR SHALL AND DOES HEREBY AGREE TO INDEMNIFY BENEFICIARY AND TRUSTEE FOR, AND TO HOLD HARMLESS BENEFICIARY AND TRUSTEE FROM, ANY AND ALL ACTUAL LIABILITY, LOSS, OR DAMAGE, WHICH MAY OR MIGHT BE INCURRED BY BENEFICIARY OR TRUSTEE UNDER ANY SUCH LEASE OR UNDER OR BY REASON HEREOF OR THE EXERCISE OF RIGHTS OR REMEDIES HEREUNDER, AND FROM ANY AND ALL CLAIMS AND DEMANDS WHATSOEVER WHICH MAY BE ASSERTED AGAINST BENEFICIARY OR TRUSTEE BY REASON OF ANY ALLEGED OBLIGATIONS OR UNDERTAKINGS ON ITS PART TO PERFORM OR DISCHARGE ANY OF THE TERMS, COVENANTS, OR AGREEMENTS CONTAINED IN ANY SUCH LEASE, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BENEFICIARY, TRUSTEE, OR THEIR RESPECTIVE AGENTS, EMPLOYEES OR CONTRACTORS. Should Beneficiary or Trustee incur any such liability, the amount thereof, including without limitation costs, expenses, and reasonable attorneys' fees, together with interest thereon from the date of expenditure until paid at the rate of interest then applicable on the outstanding principal balance of the Note, shall be secured hereby, and Grantor shall reimburse the Beneficiary and Trustee therefore immediately upon demand. Nothing in this subsection shall impose any duty, obligation, or responsibility upon Beneficiary or Trustee for the control, care, management, leasing, or repair of the Subject Property and Collateral, nor for the carrying out of any of the terms and conditions of any such Lease; nor shall it operate to make Beneficiary or Trustee responsible or liable for any waste committed on the Subject Property and Collateral by the tenants or by any other parties, or for any Hazardous Materials (as defined in the Loan Agreement) on or under the Subject Property or Collateral, or for any dangerous or defective condition of the Subject Property or Collateral or for any negligence in the management, leasing, upkeep, repair, or control of the Subject Property or Collateral resulting in loss or injury or death to any tenant, licensee, employee, or stranger. Grantor hereby assents to, ratifies, and confirms any and all actions of Beneficiary and Trustee with respect to the Subject Property and Collateral taken under this subsection. The remedies in this subsection are in addition to other remedies available to the Beneficiary and Trustee and the exercise of the remedies in this subsection shall not be deemed to be an election of nonjudicial or judicial remedies otherwise available to the Beneficiary and Trustee. The remedies in this Section VI.B. are available under and governed by the real property laws of Oregon and are not governed by the personal property laws of Oregon, including but not limited to, the power to dispose of personal property in a commercially reasonable manner under Section 9-610 of the UCC (ORS 79.0610). No action by Beneficiary or Trustee, taken pursuant to this subsection, shall be deemed to be an election to dispose of personal property under Section 9- 620(ORS 79.0620)of the UCC. Any receipt of consideration received by Beneficiary or Trustee pursuant to this subsection shall be immediately credited against the Secured Obligations (in the inverse order of maturity) and the value of said consideration shall be treated like any other payment against the Secured Obligations. 16 I • (iv) Beneficiary's and Trustee's Foreclosure Remedies. Beneficiary and Trustee may proceed by suit or suits, at law or in equity, to enforce the payment, performance and discharge of the Secured Obligations in accordance with the terms hereof, of the Note, and the other Loan Documents, to foreclose the liens and security interests of this Deed of Trust as against all or any part of the Subject Property and Collateral, and to have all or any part of the Subject Property and Collateral sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to the Beneficiary with respect to the Loan Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available nonjudicial remedy of the Beneficiary or Trustee. The commencement of foreclosure proceedings shall be deemed an exercise by Beneficiary of its option to accelerate the due date of all sums secured hereby. Grantor hereby grants power to Beneficiary and Trustee, upon the occurrence and during the continuation of a Default to grant, bargain, sell, release and convey the Subject Property at public auction or venue, and upon such sale to execute and deliver to the purchaser(s) instruments of conveyance pursuant to the terms hereof and to the applicable laws. Grantor acknowledges that the foregoing sentence confers a power of sale upon Beneficiary and Trustee, and that upon the occurrence and during the continuation of a Default, this Deed of Trust may be foreclosed by advertisement, all in accordance with and in the manner prescribed by law. The Grantor understands and agrees that if a Default shall occur and be continuing, the Beneficiary and Trustee has the right, inter alia, to foreclose this Deed of Trust by advertisement and sale pursuant to ORS 86.705-86.795, as hereafter amended, or pursuant to any similar or replacement statute hereafter enacted; that if the Beneficiary or Trustee elects to foreclose by advertisement, it may cause the Subject Property, or any part thereof, to be sold at public auction; that notice of such sale must be published for four(4) successive weeks at least once a week in a newspaper of general circulation and that no personal notice is required to be served upon the Grantor. The Grantor further understands that upon the occurrence and during the continuation of a Default, the Beneficiary may also elect its rights under the Uniform Commercial Code and take possession of the Collateral and dispose of the same by sale or otherwise in one or more parcels provided that at least ten (10) days' prior notice of such disposition must be given, all as provided for by the Uniform Commercial Code, as hereafter amended or by any similar or replacement statute hereafter enacted. The Grantor further understands that under the Constitution of the United States and the Constitution of the State of Oregon it may have the right to notice and hearing before the Subject Property may be sold and that the procedure for foreclosure by advertisement described above does not insure that notice will be given to the Grantor and neither said procedure for foreclosure by advertisement nor the Uniform Commercial Code requires any hearing or other judicial proceeding. THE GRANTOR HEREBY EXPRESSLY CONSENTS AND AGREES THAT THE SUBJECT PROPERTY MAY BE FORECLOSED BY ADVERTISEMENT AND THAT THE PERSONAL PROPERTY MAY BE DISPOSED OF PURSUANT TO THE UNIFORM COMMERCIAL CODE, ALL AS DESCRIBED ABOVE. THE GRANTOR ACKNOWLEDGES THAT IT IS REPRESENTED BY LEGAL COUNSEL; THAT BEFORE SIGNING THIS DOCUMENT THIS SECTION AND THE GRANTOR'S CONSTITUTIONAL RIGHTS WERE FULLY EXPLAINED BY SUCH COUNSEL AND THAT THE GRANTOR UNDERSTANDS THE NATURE AND EXTENT OF THE RIGHTS WAIVED HEREBY AND THE EFFECT OF SUCH WAIVER. 17 i • In connection with any foreclosure sale of the Subject Property and subject to applicable law, the same may be sold either as a whole or in parcels, as Beneficiary and Trustee may in their sole discretion elect, and at the election of Beneficiary or Trustee may be offered first in parcels and then as a whole, that offer producing the highest price for the entire Subject Property to prevail. Any law, statutory or otherwise, to the contrary notwithstanding, Grantor hereby waives the right to require any such sale to be made in parcels or the right to select such parcels. (v) Beneficiary's and Trustee's Right to Appointment of Receiver. Beneficiary, as a matter of right and without regard to the sufficiency of the security for payment, performance and discharge of the Secured Obligations, without notice to Grantor and without any showing of insolvency, fraud, or mismanagement on the part of Grantor, and without the necessity of filing any judicial or other proceeding other than the proceeding for appointment of a receiver, shall be entitled to the appointment of a receiver or receivers of the Subject Property and Collateral or any part thereof, and of the Payments, and Grantor hereby irrevocably consents to the appointment of a receiver or receivers. Upon the occurrence and during the continuation of a Default, the Beneficiary shall be entitled as a matter of right without notice and without giving bond and without regard to the solvency or insolvency of the Grantor, or waste of the Subject Property or adequacy of the security of the Subject Property, to apply for the appointment of a receiver under any statute or law who shall have all the rights, powers and remedies as provided by such statute or law, including without limitation the rights of receiver pursuant to ORCP 80, as amended, and who shall from the date of his appointment through any period of redemption existing at law collect the Payments, and all other income of any kind; manage the Subject Property so as to prevent waste; execute leases within or beyond the use of receivership; and perform the terms of this Deed of Trust and apply the Payments, issues and profits to the payment of the expenses in the priority set forth by the court appointing such receiver or as otherwise in accordance with law and to all expenses for maintenance of the Subject Property and to the costs and expenses of the receivership, including attorneys' fees, to the repayment of the Secured Obligation in any separate assignment of leases now or hereafter executed. The Grantor does hereby irrevocably consent to such appointment. (vi) Beneficiary's UCC Remedies. The Beneficiary may exercise its rights of enforcement with respect to the Collateral under the UCC, and in conjunction with, in addition to or in substitution for the rights and remedies under the UCC the Beneficiary may, and Grantor agrees, as follows: (i) upon one (1) days' notice to Grantor, enter upon the Subject Property to take possession of, assemble, receive, and collect the Collateral, or any part thereof, or to render it unusable; (ii) require Grantor to assemble the Collateral and make it available at a place Beneficiary designates that is reasonably convenient to both Beneficiary and Grantor to allow Beneficiary to take possession or dispose of the Collateral; (iii) written notice mailed to Grantor as provided herein at least ten (10) days prior to the date of public sale of the Collateral or prior to the date after which private sale of the Collateral will be made shall constitute reasonable notice; (iv) in the event of a judicial or non judicial sale, the Collateral and the Subject Property may, at the option of the Beneficiary, be sold as a whole; (v) it shall not be necessary that the Beneficiary take possession of the Collateral, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection is 18 conducted, and it shall not be necessary that the Collateral or any part thereof be present at the location of such sale; (vi) prior to application of proceeds of disposition of the Collateral to the Secured Obligations, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, and the reasonable attorneys' fees and legal expenses incurred by the Beneficiary; (vii) after notification, if any, hereafter provided in this subsection, Beneficiary may sell, lease, or otherwise dispose of the Collateral, or any part thereof, in one or more parcels at public or private sale or sales, at Beneficiary's offices or elsewhere, for cash, on credit, or for future delivery. Upon the request of Beneficiary, Grantor shall assemble the Collateral and make it available to Beneficiary at any place designated by Beneficiary that is reasonably convenient to Grantor and Beneficiary. Grantor agrees that Beneficiary shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Grantor shall be liable for all expenses of retaking, holding, preparing for sale, or the like, and all reasonable attorneys' fees, legal expenses, and all other costs and expenses incurred by Beneficiary in connection with the collection of the Secured Obligations and the enforcement of Beneficiary's rights under the Loan Documents. Beneficiary shall apply the proceeds of the sale of the Collateral against the Secured Obligations in accordance with the requirements of this Deed of Trust. Grantor shall remain liable for any deficiency if the proceeds of any sale or disposition of the Collateral are insufficient to pay, perform and discharge the Secured Obligations in full. Grantor waives all rights of marshalling in respect of the personalty; (viii) any and all statements of fact or other recitals made in any bill of sale or assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the Secured Obligations, the occurrence of any Default, the Beneficiary having declared all or a portion of such Secured Obligations to be due and payable, the notice of time, place, and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by Beneficiary, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (ix) Beneficiary may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Beneficiary, including the sending of notices and the conduct of the sale, but in the name and on behalf of Beneficiary. Notwithstanding any other provision hereof, Beneficiary shall not be deemed to have accepted any property other than cash in satisfaction of any obligation of Grantor to Beneficiary unless Grantor shall make an express written election of said remedy under Section 9-505 of the UCC, or other applicable law. (vii) Other Rights. Subject to the requirements of applicable law, Beneficiary (i) may surrender the insurance policies maintained pursuant hereto or the other Loan Documents or any part thereof, and upon receipt shall apply the unearned premiums as a credit on the Secured Obligations, in accordance herewith, and, in connection therewith, Grantor hereby appoints Beneficiary as agent and attorney-in-fact (which is coupled with an interest and is therefore irrevocable) for Grantor to collect such premiums; and (ii) apply the reserve for impositions, if any, required by the provisions of this Deed of Trust, toward payment of the Secured Obligations; and (iii) shall have and may exercise any and all other rights and remedies which Beneficiary may have at law or in equity, or by virtue of any Loan Document or under the UCC, or otherwise. 19 o • (viii) Beneficiary as Purchaser. Beneficiary may be the purchaser of the Subject Property and Collateral or any part thereof, at any sale thereof, or otherwise, and Beneficiary shall, upon any such purchase, acquire good title to the Subject Property and Collateral so purchased, free of the liens and security interests hereof, unless the sale was made subject to an unmatured portion of the Secured Obligations. The Beneficiary, as purchaser, shall be treated in the same manner as any third party purchaser and the proceeds of the Beneficiary's purchase shall be applied in accordance with the requirements of this Deed of Trust. Beneficiary shall be entitled to use and apply all or any portion of the indebtedness then secured hereby for or in settlement or payment of all or any portion of the purchase price of the Subject Property, and in such case this Deed of Trust and the Note shall be presented to the person conducting the sale in order that the amount of such indebtedness so used or applied may be credited thereon as having been paid. C. Application Of Foreclosure Sale Proceeds. The proceeds from any sale, lease,or other disposition made pursuant to Section VI.B.hereof, or the proceeds from the surrender of any insurance policies pursuant hereto, or any Payments collected by Beneficiary from the Subject Property and Collateral, or the reserve for impositions, if any,required by the provisions of this Deed of Trust or sums received pursuant to a condemnation or proceeds from insurance which Beneficiary elects to apply to the Secured Obligations in accordance with the terms and conditions hereof and of the other Loan Documents, shall be applied by Beneficiary to the Secured Obligations in the following order and priority: (i)to the payment of all expenses of advertising,selling,and conveying the Subject Property and Collateral or part thereof,and/or prosecuting or otherwise collecting Payments,proceeds,premiums,or other sums,(ii)to the remainder of the Secured Obligations; and(iii) the cash balance,if any,to the Grantor or to whomever has a lawful claim thereto. The application of proceeds of sale or other proceeds as otherwise provided herein shall be deemed to be a payment of the Secured Obligations like any other payment. The balance of the Secured Obligations remaining unpaid,if any,shall remain fully due and owing in accordance with the terms of the Note or the other Loan Documents. D. Application of Other Sums. To the extent permitted by applicable law, all sums received by Beneficiary under Section VI.B. or Section III.B., less all costs and expenses incurred by Beneficiary or any receiver under Section VI.B. or Section III.B., including, without limitation, attorneys' fees, shall be applied in payment of the Secured Obligations in such order as Beneficiary shall determine in its sole discretion; provided, however, Beneficiary shall have no liability for funds not actually received by Beneficiary. E. No Cure or Waiver. Neither Beneficiary's nor Trustee's nor any receiver's entry upon and taking possession of all or any part of the Subject Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise or failure to exercise of any other right or remedy by Beneficiary or Trustee or any receiver shall cure or waive any breach, Default or notice of Default under this Deed of Trust, or nullify the effect of any notice of Default or sale (unless all Secured Obligations then due have been paid and performed and Grantor has cured all other Defaults), or impair the status of the security, or prejudice Beneficiary or Trustee in 20 • • . the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the Lien of this Deed of Trust. F. Payment Of Costs. Expenses and Attorney's Fees. Grantor agrees to pay to Beneficiary immediately and without demand all costs and expenses incurred by Beneficiary and Trustee pursuant to subparagraphs (i) through(vii) of Section VI.B. (including, without limitation, court costs and reasonable attorneys' fees, whether incurred in litigation or not) with interest from the date of expenditure until said sums have been paid at the rate of interest then applicable to the principal balance of the Note as specified therein. In addition, Grantor shall pay to Trustee all Trustee's fees hereunder and shall reimburse Trustee for all expenses incurred in the administration of this trust, including, without limitation, any attorney's fees. G. Power To File Notices And Cure Defaults. Grantor hereby irrevocably appoints Beneficiary and its successors and assigns, as its attorney-in-fact, which agency is coupled with an interest, (a) to execute and/or record any notices of commencement, completion, cessation of labor, or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest, (b)upon the issuance of a deed pursuant to the foreclosure of this Deed of Trust or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment or further assurance with respect to the Leases and Payments in favor of the grantee of any such deed, as may be necessary or desirable for such purpose, (c) to prepare, execute, if necessary, and file or record financing statements, continuation statements, applications for registration and like papers necessary to create, perfect or preserve Beneficiary's security interests and rights in or to any of the Collateral, and (d) upon the occurrence of an event, act or omission which, with notice or passage of time or both, would constitute a Default, Beneficiary may perform any obligation of Grantor hereunder; provided, however, that: (1) Beneficiary as such attorney-in-fact shall only be accountable for such funds as are actually received by Beneficiary; and (ii) Beneficiary shall not be liable to Grantor or any other Person for any failure to act under this Section. H. Discontinuance of Proceedings and Restoration of the Parties. In case Beneficiary shall have proceeded to enforce any right, power or remedy under this Deed of Trust by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to Beneficiary, then and in every such case, Grantor and Beneficiary shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Beneficiary shall continue as if no such proceeding had been taken. I. Waiver of Appraisement. Valuation, Stay, Extension and Redemption Laws. Grantor agrees, to the fullest extent permitted by law, that if a Default occurs hereunder, neither Grantor nor anyone claiming through or under them shall or will set up, claim or seek to take advantage of any appraisement, valuation, stay, extension, homestead or redemption laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust, or the absolute sale of any property hereby conveyed, or the final and absolute putting into possession thereof, immediately after such sale, of the purchasers thereat, and Grantor, for itself and all who may at any time claim by, through or 21 • • under them, hereby waives and releases, to the fullest extent permitted by law, the benefit of all such laws (including, without limitation, all rights under and by virtue of the homestead exemption laws and redemption laws of the State of Minnesota) and any and all rights to have the assets comprised in the security intended to be created hereby marshaled upon any foreclosure of the lien hereof. ARTICLE VII. MISCELLANEOUS PROVISIONS A. Additional Provisions. The Loan Documents contain or incorporate by reference the entire agreement of the parties with respect to matters contemplated herein and supersede all prior negotiations. The Loan Documents grant further rights to Beneficiary and contain further agreements and affirmative and negative covenants by Grantor which apply to this Deed of Trust and to the Subject Property and such further rights and agreements are incorporated herein by this reference. B. Merger. No merger shall occur as a result of Beneficiary's acquiring any other estate in, or any other Lien on, the Trust Property unless Beneficiary consents to a merger in writing. C. Obligations of Grantor Joint and Several. If more than one Person has executed this Deed of Trust as "Grantor," the obligations of all such Persons hereunder shall be joint and several. D. Waiver of Marshalling Rights. Grantor, for itself and for all parties claiming through or under Grantor, and for all parties who may acquire a Lien on or interest in the Subject Property, hereby waives all rights to have the Subject Property and/or any other property, including, without limitation, the Collateral, which is now or later may be security for any Secured Obligation ("Other Property") marshalled upon any foreclosure of this Deed of Trust or on a foreclosure of any other security for any of the Secured Obligations. Beneficiary shall have the right to sell, and any court in which foreclosure proceedings may be brought shall have the right to order a sale of, the Subject Property and any or all of the Collateral or Other Property as a whole or in separate parcels, in any order that Beneficiary may designate. E. Rules of Construction. When the identity of the parties or other circumstances make it appropriate, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. The term "Subject Property" means all and any part of the Subject Property and any interest in the Subject Property. F. Successors in Interest. Subject to the terms and provisions of the Loan Agreement, the terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the heirs, successors or assigns of the parties hereto; provided, however, that this Section VII.F. does not waive or modify the provisions of Section V.K. G. Execution in Counterparts. This Deed of Trust may be executed in any number of counterparts, each of which, when executed and delivered to Beneficiary, will be 22 • deemed to be an original and all of which, taken together, will be deemed to be one and the same instrument. H. Governing Law. This Deed of Trust shall be construed in accordance with the internal laws of the State of Oregon, excluding its choice of law principles. I. Incorporation. Exhibits A and B, as attached, are incorporated into this Deed of Trust by this reference. J. Business Loan Representation. The Grantor represents and warrants to Beneficiary that the Secured Obligations constitute a business loan transaction solely (and not for personal, family or household use) for the purpose of carrying on the business of the Grantor and the Subject Property does not constitute the homestead of the Grantor. K. Notices. Any notice, demand, request or other communication which any party hereto may be required or may desire to give hereunder shall be in writing and shall be deemed to have been properly given if(a) hand delivered or transmitted by facsimile (effective upon delivery or confirmation of successful facsimile transmission) or (b) if mailed (effective three (3) Business Days after deposit thereof at any main or branch United States Post Office) by United States registered, or certified mail, postage prepaid, return receipt requested, or(c), if forwarded by overnight delivery service, the next Business Day, addressed as follows: If to Grantor: Opus Northwest, L.L.C. 10350 Bren Road West Minnetonka, Minnesota 55343 Attn: Vice President - Finance Telephone: (952) 656 1111 Facsimile: (952) 656-4814 With a copy to: Opus, L.L.C. 10350 Bren Road West Minnetonka, Minnesota 55343 Attn: Legal Department Telephone: (952) 656-4444 Facsimile: (952) 656-4814 With an additional copy to: Briggs and Morgan, P.A. 2200 IDS Center 80 South Eighth Street 23 • • Minneapolis, Minnesota 55401 Attention: Charles R. Haynor Telephone: (612) 977-8512 Facsimile: (612) 977-8650 If to Trustee: First American Title Insurance Company 1900 Midwest Plaza 801 Nicollet Mall Minneapolis, MN 55402-2504 If to Beneficiary: Wells Fargo Bank, National Association 123 N. Wacker Drive, Suite 1900 Chicago, Illinois 60606 Attn: James Saer Telephone: (312) 827-1511 Facsimile: (312) 782-0969 With a copy to: Wells Fargo Bank, National Association 123 N. Wacker Drive, Suite 1900 Chicago, Illinois 60606 Attn: Margaret Kowalewski Telephone: (312) 345-1923 Facsimile: (312) 782-0969 or at such other address as the party to be served with notice may have furnished in writing to the party seeking or desiring to serve notice as a place for the service of notice. Any party shall have the right to change its address for notice hereunder to any other location within the continental United States by the giving of thirty(30) days' notice to the other party in the manner set forth hereinabove. Grantor shall forward to Beneficiary, without delay, any notices, letters or other communications delivered to the Subject Property or to Grantor naming Beneficiary as addressee, or which could reasonably be deemed to affect the construction of the Improvements or the ability of Grantor to perform its obligations to Beneficiary under the Loan Documents. L. WAIVER OF JURY TRIAL. GRANTOR, TRUSTEE AND BENEFICIARY, BY ITS ACCEPTANCE HEREOF, IRREVOCABLY WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, RELATED TO OR INCIDENTAL TO THE RELATIONSHIP 24 • ESTABLISHED AMONG THEM IN CONNECTION WITH, THIS DEED OF TRUST, THE OTHER LOAN DOCUMENTS, OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH. EACH OF THE PARTIES HERETO AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT ANY PARTY HERETO MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. M. OREGON FORCED-PLACE INSURANCE NOTICE. WARNING: UNLESS YOU PROVIDE US WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY OUR CONTRACT OR LOAN AGREEMENT, WE MAY PURCHASE INSURANCE AT YOUR EXPENSE TO PROTECT OUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE WE PURCHASE MAY NOT PAY ANY CLAIM YOU MAKE OR ANY CLAIM MADE AGAINST YOU. YOU MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE OBTAINED PROPERTY COVERAGE ELSEWHERE. YOU ARE RESPONSIBLE FOR THE COST OF ANY INSURANCE PURCHASED BY US. THE COST OF THIS INSURANCE MAY BE ADDED TO YOUR CONTRACT OR LOAN BALANCE. IF THE COST IS ADDED TO YOUR CONTRACT OR LOAN BALANCE, THE INTEREST RATE ON THE UNDERLYING CONTRACT OR LOAN WILL APPLY TO THIS ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR PRIOR COVERAGE LAPSED OR THE DATE YOU FAILED TO PROVIDE PROOF OF COVERAGE. THE COVERAGE WE PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE YOU CAN OBTAIN ON YOUR OWN AND MAY NOT SATISFY ANY NEED FOR PROPERTY DAMAGE COVERAGE OR ANY MANDATORY LIABILITY INSURANCE REQUIREMENTS IMPOSED BY APPLICABLE LAW. (Each reference to "you" and "your" shall refer to Grantor and each reference to "us" and "we" shall refer to Beneficiary.) N. OREGON ORAL LOAN NOTICE. Under Oregon law,most agreements,promises and commitments made by Beneficiary concerning loans and other credit extensions which are not for personal,family or household purposes or secured solely by the borrower's residence must be in writing, express consideration and be signed by Beneficiary to be enforceable. O. OREGON NON-RESIDENTIAL TRUST DEED. Grantor represents and warrants to Beneficiary that this Deed of Trust is not and at all times shall continue not to be a "residential trust deed" (as such term is defined in ORS 86.705(3)). 25 IP IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the day and year set forth above. GRANTOR: OPUS NORTHWEST,L.L.C., a Delaware limited liability company By: f/ N. e: 13:4 ;Z:1;4 nig Its: Vice *resident—Finance S-1 (Deed of Trust) • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of -+y , 2007, by Becky Mallory Finnigan,the Vice President—Finance of Opus Northwest, L.L.C., a Delaware limited liability company,on behalf of the company. • 4. PATRICIA A.HASTINGS Notary Public :10,; NOTARY PUsuC-MQIE$CIA ey Cowers Lowe JM.31.es • 2 • • EXHIBIT A DESCRIPTION OF REAL PROPERTY Parcel I A Portion of Lot 37, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated roadway per Document Number 99049066, Washington County Deed Records, located in the Northeast quarter of Section 13, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard,Washington County,Oregon,more particularly described as follows: Beginning at intersection of the Centerline of Vacated SW Fanno Creek Place with the Westerly Right of Way line of S.W.Upper Boones Ferry Road, a 60-foot wide public roadway; thence along said Centerline,being a line parallel with and 20.00 feet distant from the Southwesterly line of Lot 37,said Fanno Creek Acre Tracts,north 44°57'03" west,214.53 feet to the intersection of said centerline with the southerly extension of the northwesterly line of said Lot 37;thence along said line,N48°41'38"E, 120.04 feet to the Most Northerly Corner of that Tract of Land described as Parcel II by deed recorded in Document Number 92031812,Washington County Deed Records; thence along the Northeasterly line of said Tract of Land, S44°57'03"E, 214.76 feet to the Northwesterly Right of Way of said S.W. Upper Boones Ferry Road; thence Southwesterly along said Right of Way, South 48°41'42" West, 100.00 feet to the most Southerly Corner of said Lot 37; thence South 49°19'55" West,20.06 feet to point of beginning. Parcel II A portion of Lots 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, located in the Northeast quarter of Section 13 and the Southeast quarter of Section 12, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon,more particularly described as follows: Beginning at the Southwest corner of Lot 39, Fanno Creek Acre Tracts; thence along the West line of said Lot 39,North 00°27'53"West, 35.00 feet; thence leaving said line,North 89°34'55" East, 57.94 feet; thence South 42°36'45" East,202.94 feet to the Northerly Right of Way line of S.W. Upper Boones Ferry Road; thence along said Right of Way, South 48°41'42"West, 110.00 feet to the Northeasterly corner of that Tract of Land conveyed to Lester L.Bennett, et ux,per Book 320,Page 274, Washington County Deed Records; thence along the Northeasterly line of said Bennett Tract of Land,North 42°48'02" West, 214.41 feet to the Northwesterly line of said Lot 38; thence along said line,North 48°41'38" East,44.27 feet to the point of beginning. Parcel III A portion of Lots 35, 36, 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed.Records, situated in the Southeast % of Section 12, • • • and in the Northeast '/ of Section 13, Township 2 South, Range 1 West,Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8"Iron Rod with a yellow plastic cap inscribed"KC Development"marking the intersection of the Westerly extension of the North line of Lot 35,Fanno Creek Acre Tracts, with the Easterly Right of Way line of the S P &S Railroad Right of Way; thence along the North line of said Lot 35 and the Westerly Extension thereof,N89°30'44"E, 348.37 feet to the Northeast Corner of said Lot 35; thence along the East line of said Lot 35, S00°27'53"E, 252.58 feet to the Southeast Corner thereof; thence along the Most Westerly North line of that Tract of Land described in deed,recorded in Document Number 91063372, Washington County Deed Records, S48°41'38"W,44.27 feet to the most Westerly Corner thereof; thence along the Southwesterly line of said Tract of Land, S42°48'02"W, 214.41 feet to the Northwesterly Right of Way line of S.W. Upper Boones Ferry Road,A 60-foot wide Public Roadway; thence along said Right of Way line, S48°41'42"W, 295.19 feet to the most Easterly Corner of that Tract of Land described as Parcel II by deed recorded in Document Number 92031812, said Records; thence along the Northeasterly line of said Tract of Land,N44°57'03"W,214.76 feet to the Most Northerly Corner thereof; thence along the Northwesterly line of said Tract of Land and the Southerly extension thereof,S48°41'38"E, 120.04 feet to the Centerline of Vacated Fanno Creek Place; thence along said Centerline,N44°57'03"W, 189.52 feet to the Easterly Right of Way line of the S P &S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 17°33'34" (Chord bears N17°37'17"E,444.99 feet)a distance of 446.74 feet to the point of beginning. Parcel IV Easements contained in Section 1.1 of Easement Agreement dated October 30, 2006, recorded October 30,2006,as Fee No. 2006-128780. Parcel V Easements contained in Section 1.1 of Drainage Easement Agreement dated October 30, 2006, recorded October 30, 2006, as Fee No. 2006-128781, including, without limitation, the right to maintain the drainage line without forced removal or alteration of said line running from said drainage easement to the land described as Parcel III. Parcel VI Easements contained in Section 1.1 of Driveway and Access Easement Agreement dated October 30, 2006,recorded October 30,2006, as Fee No. 2006-128782. 2 • • EXHIBIT B PERMITTED LIENS 1. An easement for sewer and incidental purposes,recorded November 15, 1977 as Book 1216,Page 0696 as Fee No. 77-18056 of Official Records. In Favor of: Unified Sewerage Agency of Washington County, its successors and assigns 2. Easement,including terms and provisions contained therein: Recording Information: April 21, 1999 as Fee No. 99049036 In Favor of: The City of Tigard For: Permanent public and private utility 3. Reservation of utilities in vacated street area and the right to maintain the same as set forth in Ordinance No. 98-01 a copy of which was recorded April 21, 1999 as Instrument No. 99049066 4. The terms,provisions and easement(s)contained in the document entitled "Easement Agreement"recorded October 30,2006 as Fee No. 2006-128780 of Official Records. 5. The terms,provisions and easement(s)contained in the document entitled "Driveway and Access Easement Agreement" recorded October 30,2006 as Fee No. 2006-128782 of Official Records. 6. Rights of tenants, as tenants only,under Approved Leases. • Won County,Oregon 2007-017199 02! 007 02:58:29 PM D-MF Cnta1 Stn=B C PFEIFER $30.00$6.00$11.00-Total=$47.00 IIIIHIUIHllllll iJIIfflhIIiII Hill 1111111 i 01075181200700171990080084 I,Richard Hobemicht,Director of Assessment and .,�• Taxation end Ex.Of lclo County Clerk for Washington County,Oregon,do hereby certify that the within .�" ' Instrument of writing was received and recorded In the '1f i book of records of said cou fir•.. . UCC FINANCING STATEMENT � : _ Richard Hob Director of Assessment and ;•. FOLLOW INSTRUCTIONS Mon!and bank)CAREFULLY Taxationion Ex ,: ,Ex-Officio County Clerk A.NAME E.PHONE OF CONTACT AT FILER(ag llonal) B.SEND ACKNOWLEDGMENT TO: (Nines;and Addrmaa) I First American Title Insurance Co. —1 • 1900 Midwest Plaza 801 Nicollet Mall Minneapolis( MN 55402 NCS 2-1 "i'DK MPLS THE ABOVE SPACE I5 FOR FILING OFFICE USE ONLY 1.DEBTOR'S EXACT FULL LEGAI.NAME-iasonoNymsdatdemmneIlsnrlbl.dondabtearineor ename • Ia.ORGANEATToNS NAME — Opus Northwest,L.L.C. 3 oR 1b•NipVMUAL'SLASTUMIE FIRST NAME MIDDLE NAME SUFFIX• t 1e. AILING ADDRESS CRY STATE POSTAL CODE COUNTRY/�"� 10350 Bren Road West Minnetonka MN 55343 USA l _ id ugui'atl•nDN•_ AOD.MORE 11s TYPE OFORGANIZATION U.JURISDICTIONDFOROANEATIDN 1g.ORGAIIEAT1ONAI. Ii any 4 1 ORGANIZATION I LLC 1 Delaware 1 2436602 Dow 2.ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME.lased only go debtor nom.DomMI-danattsbb ialere omnbknsane; a.ORGANIZATION'S NAME • OR 3b.WONtOUAL'S LAST NAME • FIRST NAME MIDDLE NAME SUFFIX la.MAILING ADDRESS CRY STATE POSTALCOCE mom 2d5enINSTRUCTIONS ACM INFO RE Ia.TYPEOFOROAIEZATIDN 31.JURISDCTIONOFORGANIZATION 2g.ORGANIZATIONAL IDY,Rany ORGANIZATION DEBTOR I j I f NONE 3.SECUREO PARTY'S NAME(aNMgEWTOTALAa9wJEEelASSIGNORSM I-lesadmdygnsaecuro IMA/nanspaa7q '3a.ORGANIZATIONS NAME Wells Fargo Bank,National Association OR Mb.INDIVIDUALS LAST NAME FIRST NAME MUDDLE NAME SUFFIX MA0.RUTADORE89 CITY STATE POSTAL CODE COUNTRY — 123 North Wacker Drive,Suite 1900 Chicago IL 60606 USA - 4.nil PNANCNC STATEUIF.NTcon=Po fslbvdng callatmai ca Collateral description on Exhibit A attached hereto. VI i L . NCB-2-1 -MPLS Z 5.ALTERNATIVE DECIMATION NaaNkablet:l �LFb5FF1.nssoa CoN51GNEE1CONSLGNOR U/ AQOR nSE LERIBUTER .AG.LEN • 11CCFDJHG B. ,•its FatANGa10 FATErt_T es m US mee ni tat meyWtlJ n e.. REM:a LT e Ala RA SEARCH REPORT-an Oablothf .:r t .tz!•.:et ar_ A n a� ,,,.n ,M Deltas UDabIati I OWN 2 8.OFtIoNAL FILER RE DATA OER A - File with County Recorder in Washington County,Oregon H FILING OFFICE COPY—UCC FINANCING STATEMENT(FORM b UCC1)(REV.o5m ?) • UCC FINANCING STATEMENT ADDENDUM FOLLOW INSTRUCTIONS(hoot and hack)CAREFULLY 9.NAME OF FIRST DEBTOR(1a or 16)ON RELATED FINANCING STATEMENT Ba.ORGANIZATION'S NAME oR Opus Northwest,L.L.C. Bb INOMDUALS LAST NAME FIRST NAME MIDDLENIME.SUFFIX 10.MISCELLANEOUS: THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 11.ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME-Instal only ma name 111a or 11 It).do not abbreviate or combine names 11o.ORGANIZATIONS NAME OR 11b.INONIDUAL's LAST NAME FIRST NAME MIDDLE NAME SUFFIX 11c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 11d.SSEEWCTRUCTlnuc_ ADM.INFO RE 111e.TYPEOF ORGANIZATION 111.JURISDICTION OF ORGANIZATION 115.ORGANIZATIONAL 1Dg.5 any ORGANIZATION DEBTOR ( ( n NONE 12. ADDITIONAL SECURED PARTY'S gt L l ASSIGNOR S/P'S NAME.Insert oayggg name(12a ar 1261 12a.ORGANIZATIONS NAME OR 126.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 12s.MASJNG ADDRESS CRY STATE POSTAL CODE COUNTRY 13.Thb FINANCING STATEMENT covers❑timber to be ad or Er aemsbacted 15.Adddtoral callatary description: collateral,or Is Ned as a M Tatum 56ng. 14,Desai dbn at real sable: 15.Name and address al a RECORD OWNER at above-desolbed mat estate 1W Debt r does not have a record bderes& 17.Check lay B app5nbla and check nu are boa. Debtor I•n Trost or n Testes sling with termed to propeM held In bust or n Madras Estate 18.Omit 9rA B applicable sad check We one boa. • Debtor I a TRANSMITTING UTILITY Filed la onrmeabn with a Msmdachaed.Nsme Transaction—eQecant 30 years Rid la connection with a Prblie Floe ce Transaction—Wears 30 years FILING OFFICE COPY—UCC FINANCING STATEMENT ADDENDUM(FORM UCC1Ad)(REV.05/22/02) ILUCC l AD-10/07/02 C T System On • • EXHIBIT A TO FINANCING STATEMENT DEBTOR: Opus Northwest,L.L.C. 10350 Bren Road West Minnetonka,Minnesota 55343 SECURED PARTY: Wells Fargo Bank,National Association 123 N.Wacker Drive, Suite 1900 Chicago, IL 60606 COLLATERAL DESCRIPTION. The Financing Statement includes the following described personal property in which Debtor now or at any time hereafter has any interest(collectively, the"Collateral"). All goods,software,building and other materials,supplies,work in process, equipment, machinery,fixtures,furniture,furnishings,signs and other personal property,wherever situated,which are or are to be incorporated into,used in connection with,or appropriated for use on(i)the real property described on Schedule 1 attached hereto and incorporated by reference herein,or(ii)the improvements described in a construction loan agreement between Secured Party and Debtor with respect to the real property described on Schedule 1 attached hereto(which real property and improvements are collectively referred to herein as the"Property"),together with all rents,issues,deposits and profits of the Property(to the extent,if any,they are not subject to Article III of the Deed of Trust,as such term is hereinbelow defined);all inventory,accounts,cash receipts,deposit accounts,accounts receivable,contract rights,general intangibles that relate solely to the Property or the loan from Secured Party to Debtor,causes of action, choses in action that relate solely to the Property,commercial tort claims that relate solely to the Property,damages, chattel paper,instruments,documents,notes,drafts,letters of credit,letter-of-credit rights, insurance policies, insurance and condemnation awards and proceeds,any other rights to the payment of money,trade names,trademarks,tradestyles, logos and service marks arising from or related to the Property(other than any trade names,trademarks,tradestyles,logos or service marks related to"Opus"or any derivation thereof)or any business now or hereafter conducted thereon by Debtor,all permits, consents, approvals,licenses,authorizations and other rights granted by,given by or obtained from,any governmental entity with respect to the Property;all deposits or other security now or hereafter made with or given to utility companies by Debtor with respect to the Property;all advance payments of insurance premiums made by Debtor with respect to the Property;all plans,drawings and specifications relating to the Property;all loan funds held by Secured Party,whether or not disbursed;all reserves,deferred payments,deposits,accounts,refunds,cost savings and payments of any kind related solely to the Property or any portion thereof;together with all replacements and proceeds P:ICLIENTWELLS\Opus NaAhwest\Fanno CrcckkExhibit A to UCCs v4(020907).DOC • • of;and additions and accessions toy any of the foregoing;together with all books;records and files relating to any of the foregoing. The filing of this Financing Statement shall not be construed to derogate from or impair the lien or provisions of the Construction Deed of Trust With Absolute Assignment Of Leases And Rents,Security Agreement And Fixture Filing("Deed of Trust")from Debtor to Secured Party encumbering the Property with respect to the property described therein which is real property or which the parties have agreed to treat as real property. Similarly,nothing in this Financing Statement shall be construed to alter any of the rights of Secured Party as determined by the Deed of Trust or the priority of the Secured Party's lien created thereby,and this Financing Statement is declared to be for the protection of Secured Party in the event any court shall at any time hold that notice of Secured Party's priority of interest in any property or interests described in the Deed of Trust must,in order to be effective against a particular class of persons,including but not limited to the Federal Government and any subdivision or entity of the Federal Government,be filed in the Commercial Code records. P:\CUENT\WELLS1Opus Nonhwcst\Fnnno Crcck\Exhibit A to UCCs v4(020907).DOC • • Schedule I Parcel I A Portion of Lot 37,Fanno Creek Acre Tracts, a Plat of Record in Washington County,together with a portion of that vacated roadway per Document Number 99049066, Washington County Deed Records, located in the Northeast quarter of Section 13, Township 2 South, Range 1 West of the Willamette Meridian,in the City of Tigard,Washington County,Oregon,more particularly described as follows: Beginning at intersection of the Centerline of Vacated SW Fanno Creek Place with the Westerly Right of Way line of S.W.Upper Boones Ferry Road,a 60-foot wide public roadway; thence along said Centerline,being a line parallel with and 20.00 feet distant from the Southwesterly line of Lot 37, said Fanno Creek Acre Tracts,north 44°57'03"west,214.53 feet to the intersection of said centerline with the southerly extension of the northwesterly line of said Lot 37;thence along said line,N48°41'38"E, 120.04 feet to the Most Northerly Corner of that Tract of Land described as Parcel II by deed recorded in Document Number 92031812,Washington County Deed Records; thence along the Northeasterly line of said Tract of Land,S44°57'03"E, 214.76 feet to the Northwesterly Right of Way of said S.W.Upper Boones Ferry Road;thence Southwesterly along said Right of Way, South 48°41'42" West, 100.00 feet to the most Southerly Corner of said Lot 37; thence South 49°19'55" West,20.06 feet to point of beginning. Parcel II A portion of Lots 38 and 39, Fanno Creek Acre Tracts,a Plat of Record in Washington County, located in the Northeast quarter of Section 13 and the Southeast quarter of Section 12,Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard,Washington County, Oregon,more particularly described as follows: Beginning at the Southwest corner of Lot 39,Fanno Creek Acre Tracts; thence along the West line of said Lot 39,North 00°27'53" West, 35.00 feet; thence leaving said line,North 89°34'55" East,57.94 feet; thence South 42°36'45"East,202.94 feet to the Northerly Right of Way line of S.W.Upper Boones Ferry Road; thence along said Right of Way,South 48°4I'42" West, 110.00 feet to the Northeasterly corner of that Tract of Land conveyed to Lester L.Bennett,et ux,per Book 320,Page 274,Washington County Deed Records; thence along the Northeasterly line of said Bennett Tract of Land,North 42°48'02"West,214.41 feet to the Northwesterly line of said Lot 38; thence along said line,North 48°41'38"East,44.27 feet to the point of beginning. Parcel III A portion of Lots 35, 36, 37 and 38,Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast '/a of Section 12, and in the Northeast'A of Section 13,Township 2 South,Range 1 West, Willamette Meridian, in P'.\CLUENT\WELLS1Opus Northwcstlfanno CrecklExhibit A to UCCs v4(020907).DOC the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: • Beginning at the 5/8"Iron Rod with a yellow plastic cap inscribed"KC Development"marking the intersection of the Westerly extension of the North line of Lot 35,Fanno Creek Acre Tracts, with the Easterly Right of Way line of the S P&S Railroad Right of Way, thence along the North line of said Lot 35 and the Westerly Extension thereof,N89°30'44"E,348.37 feet to the Northeast Corner of said Lot 35; thence along the East line of said Lot 35,S00°27'53"E,252.58 feet to the Southeast Corner thereof; thence along the Most Westerly North line of that Tract of Land described in deed,recorded in Document Number 91063372,Washington County Deed Records,S48°41'38"W,44.27 feet to the most Westerly Corner thereof; thence along the Southwesterly line of said Tract of Land,S42°48'02"W,214.41 feet to the Northwesterly Right of Way line of S.W.Upper Boones Ferry Road,A 60-foot wide Public Roadway; thence along said Right of Way line,S48°41'42"W,295.19 feet to the most Easterly Corner of that Tract of Land described as Parcel II by deed recorded in Document Number 92031812,said Records; thence along the Northeasterly line of said Tract of Land,N44°57'03"W,214.76 feet to the Most Northerly Corner thereof; thence along the Northwesterly line of said Tract of Land and the Southerly extension thereof,S48°41'38"E, 120.04 feet to the Centerline of Vacated Fanno Creek Place; thence along said Centerline,N44°57'03"W, 189.52 feet to the Easterly Right of Way line of the S P&S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest,through a Central angle of 17°33'34" (Chord bears N1703 717"E,444.99 feet)a distance of 446.74 feet to the point of beginning. Parcel IV Easements contained in Section 1.1 of Easement Agreement dated October 30, 2006, recorded October 30,2006, as Fee No.2006-128780. Parcel V Easements contained in Section 1.1 of Drainage Easement Agreement dated October 30, 2006, recorded October 30, 2006, as Fee No. 2006-128781, including, without limitation, the right to maintain the drainage line without forced removal or alteration of said line running from said drainage easement to the land describd as Parcel M. Parcel VI Easements contained in Section 1.1 of Driveway and Access Easement Agreement dated October 30,2006,recorded October 30,2006,as Fee No.2006-128782. P:ICUENTIWELLSIOpus Northwest\E,mno CrcckTshbit A to UCCs v4(020907).DOC r Wash1 County,Oregon Ve 11110 02/15/ .09:15:48 AM 2007-017259 T' D.E Cnta1 Stna21 RECORD81 RETURN RECORDED DOCUMENT TO: $15.00$8.00$11.00.Total a 832.00 CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd. ( I II III111111111111111111 I III Tigard,OR 97223 01075250200700172590030038 I,Richard Hobemicht,Director of Assessment and q.^ CORPORATION Taxation and Ex-Offlelo County Clerk for Washington County,Oregon,do hereby certify that the within • Instrument of writing was nutted a d orded In the ,{ 1 File No. eZ book of records of said c oupty. for+ . R • ichard Hobemicht,Director ofAessesment end ',A EASEMENT Taxation,Ea-Officio County Clerk • SANITARY SEWER-PERMANENT Space above reserved for Washington County Recording Information 0/171-3 'u�71 L16 &411.4-11.A.4 . A'# ttoL //644./4/ i,, ereinafter called the Grantors, grant and convey unto the city of Tigard a perpetual easement consthfcting, reco .structing, operating, maintaining, inspecting,and repairing of an underground sewer line and appurtenances,together with the right to remove,as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in the attached Exhibit "A" situated in the City of Tigard,Washington County,State of Oregon. THE TRUE CONSIDERATION for this conveyance is $0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title,or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover, provided,however, that such use shall not interfere with the uses and purposes of the intent of the easement. • • IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors,their successors and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee,its successors,and assigns forever. • IN WITNESS WHEREOF,I hereunto set my hand on this y day of F-CArl t ar y ,20 0'7 . Orelf S � w� LL P. C,G.e„.%, Name of Corporation ture fo360 &— d A✓,4L�' �ct 4- ' cn -67t rr.era Ii'tl�.n�G�✓ Address - Title 0_ in in n t{prr, _a_ /i A 5531 • Signature STATE OF OREGON ) Title )ss. County of Washington ) This instrument was acknowledged before me on F:4--b ? 20017 (date)by TOHN g/r-7ELL- _(name(s)of person(s)) as _ , - .t/ frt (type of authority,e.g.,officer,trustee,etc.) of /11,i r /ui1 yY'' J1t/ GGG • (•:me of party on behalf of whom instrument was executed). `?'►., OFFICIAL SEAL KRISTI GALLACHER Notary's Signature NOTARY PUBLIC-OREGON COMMISSION NO.387642 My Commission Expires: / Z/i 3/v MY COMMISSION EXPIRES DEC.13,2008 Accepted on behalf of the City of Tigard this 12-• day of F-�(v-ev y ,20 O 7 . NO CHANGE IN TAX STATEMENT Ci 4 gineer l:\ENG1Pubiic tormsSanita.y sewer Easement Pm.Co m•la.dot 59.2WID- 1 000 d- 2407 NE 292nd Avenue K _.ate Camas, WA 98607 �y� 360.834.2519 fax.834.5498 \I DEVELOPMENT chaicumb(a verizon.net -A CERTIFIED WBE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Exhibit "A" Sanitary Sewer Easement Legal Description February 1, 2007 A 15.00-foot wide strip of land, being a portion of Lots 35 and 36, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Number 99049066, Washington County Deed Records, situated in the Southeast V.1 of Section 12, and in the Northeast 1/a of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, the Centerline being more particularly described as follows: Beginning at a point on the Centerline of Vacated S.W. Fanno Creek Place which bears 544°57'03"E, 118.76 feet from the 5/8" Iron Rod with a Yellow Plastic Cap Inscribed KC Development marking the intersection of said Centerline with the Easterly Right of Way line of the S P & S Railroad Right of Way; thence leaving said Centerline, N00°00'00"E, 108.57 feet; thence N17°04'15"E, 266.70 feet to the point of terminus. The Bearings are based along'the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. Page 1 of 1 co I SANITAR SEWER EASEMENT C]/ Y FOR { Z FANNO CREEK COMMONS 1"=100' 1 E LOCATED IN THE NE 1/4 OF ail 1 / SECTION 13, AND THE SE 1.-.Z / 1/4 OF SECTION 12, /� T.2S., R.1W., W.M., TIGARD, WASHINGTON 1 /O P/ / i ! COUNTY, OREGON. g / /k 4 \.� JANUARY 19, 2007 1 1 �v / BUILDING A 111 �` / /J� � L / ' zLEGEND ; �� / ' SET DEVE O ME IRON ROD 3314�c�7 CEL� "KC DEVELOPMENT" IN SN 103314 1�/ I I 1.........` FOUND PROPERTY CORNER Vi• %�1' I I \. N / i 1 1 a EXISTING `\ / Q 3 ° ♦ BUILDING `. 1 ♦ • / lo y 15.00' C k ` i 1 SEWER i '� \ EASEMENT `�` BUILDING B\®® ♦♦ ��tInj /1,, \c13) / / N \ // .... 13C1\ � • ' Cb ` � t� REGISTERED �4, 44> i� / 0p(00" P' \ PROFESSIONAL 1% C ��\ �/ / Qi.GR-.� PREPARED FOR: A,'ND S; VEYOR , ,., v OPUS NW, L.L.C. /t� J A�.\ / / V 1500 SW FIRST AVENUE, #1100 OREGON � � �� 5 PORTLAND, OR 97201 JULY 11, 2000 \`� • / PREPARED BY: CINDY A. HALCUMB `. KCD LLC 58928 LS . . 2407 NE 292ND AVENUE EXPIRATION 06/30/07 CAMAS, WA 98607 • • • (WashIngtonty,Oregon 2007-081680 07/25/2007 02:51:55 PM D-E Cnt=3 Stn=22 I REED $185.00$10.00$5.00$11.00•Total=$211.00 This instrument was prepared by IIIIIIIIlIIIIIUIU1 IIII I � II �II I � 111111 III and after recording return to: 01145391200700816800370375 I,Rlchanf Hobemlcht,Director of A merit and Taxation and Ex-Officio County Clerk forVVaehington Ball Janik LLP County,Oregon,do hereby certify hat the withinx9'` l ,, �r Instrument of writing was received and n orded In the i � Attn: Barbara W.Radler book of records of said aoufu�(• L1"."r"`Q 52," r p 101 SW Main Street,Suite 1 100 Richard Hob smlchf,Director of A meat and � Taxation,Ex• fflclo County Cork Portland,OR 97204 IA 1 /4) DECLARATION OF RECIPROCAL EASEMENTS, COVENANTS,CONDITIONS AND RESTRICTIONS FOR FANNO CREEK PLACE THIS DECLARATION OF RECIPROCAL EASEMENTS,COVENANTS 21 4° CONDITIONS AND RESTRICTIONS FOR FANNO CREEK PLACE("Declaration") is made as of .71.-4—Le../ yb ,2007,by Opus Northwest,L.L.C., a Delaware limited liability company("Deblarant"). RECITALS A. Declarant is the owner of those certain parcels of land depicted as Parcel 1. through 3 on the site plan attached to this Declaration and made a part of this Declaration as Exhibit A, and situated on the land legally described on Exhibit B attached hereto and made a part of this Declaration,and is the owner of the buildings and improvements on the Land(the "Improvements"). B. Each of Parcels 1 through 3,together with the Improvements thereon,if any, is sometimes hereinafter referred to individually as a"Parcel"and collectively as the"Parcels"or the"Project". The Project is commonly knows as Fanno Creek Place. .�, C. Declarant desires to impose certain easements, covenants,conditions and (V) restrictions upon the Parcels for the purpose of facilitating the economic and related development of the Project. Gb NOW,THEREFORE, in connection with the development of the Project, Declarant does hereby declare that each of the following grants,easements,covenants,conditions and restrictions shall exist at all times hereafter and be binding upon,and inure to the benefit of,each Parcel in the Project. • O z 0 0 1 ::ODMA\PCDOCS\PORTLAND\553754\8 Q LL • 1. EASEMENT DECLARATIONS AND GRANTS. (a) Parking and Access. (i) Generally. Subject to the conditions and limitations hereinafter set forth,Declarant hereby declares and grants for the benefit of each of the Parcels,a nonexclusive easement appurtenant to each Parcel upon,over and across the access, interior and perimeter driveways and parking areas, including any parking decks, sidewalks,walkways,trailways and driveways of the Project,for the purpose of providing the owner from time to time of each Parcel and its tenants and occupants and their respective employees,customers, agents,contractors and invitees having business in the Project and all maintenance vehicles owned by the City of Tigard with(x)vehicular(including repair and maintenance vehicles,but excluding construction vehicles,except as hereinafter provided),pedestrian, and bike ingress and egress to, from and between each Parcel, (y)use of the parking facilities, if any, located within each of the Parcels, and(z)use of the driveways of the Project for access to SW Upper Boones Ferry Road. The owner of each Parcel shall not park,nor permit the tenants,occupants,employees,customers, agents,contractors or invitees of its Parcel to park,at anytime in more than the number of parking spaces allocated to the owner's Parcel. Each Parcel's allocated number of parking spaces shall be a fraction of the total number of parking spaces in the Project,the numerator of which is the number of rentable square feet of space in the building on the Parcel and the denominator of which is the total number of rentable square feet of space in all buildings of the Project. (ii) Permanent Access Easement on Parcel 1. Subject to the conditions and limitations hereinafter set forth,Declarant hereby declares and grants for the benefit of each of the Parcels,a nonexclusive easement appurtenant to each Parcel upon,over and across the driveway described on the attached Exhibit C-1 and drawn on the attached Exhibit CC=2,for the purpose of providing the owner from time to time of each Parcel and its tenants and occupants and their respective employees,customers,agents, contractors and invitees having business in the Project and all maintenance vehicles owned by the City of Tigard with vehicular (including repair and maintenance vehicles,but excluding construction vehicles,except as hereinafter provided),pedestrian,and bike ingress and egress to,from and between each Parcel and SW Upper Boones Ferry Road. (iii) Exclusions. Service areas, including loading and unloading facilities, and drive through lanes, if any(collectively,"Service Areas"), shall not be subject to the easement grant set forth in Section 1(a)(i)of this Declaration. (b) Storm Water Drainage. Subject to the conditions and limitations hereinafter set forth,Declarant hereby declares and grants for the benefit of each Parcel and the City of Tigard,a non-exclusive easement appurtenant to each Parcel(i)over,across and upon the surface of the Common Areas(as defined in Section 3 of this Declaration)and any existing drainage ditches,culverts and swales which presently run through the Common Areas for the sole and exclusive purpose of permitting the natural flow and drainage of storm water accumulating and originating on each Parcel to the storm drainage lines depicted on the utility 2 ::ODMA\PCDOCS\PORTLAND\553754\8 • plan attached hereto and made a part hereof as Exhibit D, subject to the conditions set forth in clauses(x), (y)and(z)below,as and to the extent applicable,and subject to the effect of any improvements presently located or hereinafter constructed on the Common Areas, and(ii)over, across,upon and under the portion of the Common Areas located above the subsurface storm sewer and drainage lines and surface drainage ways depicted on Exhibit D(collectively, the "Storm Sewer System")for the sole and exclusive purpose of running and transferring water accumulating and originating on each Parcel to the Storm Sewer System,together with the right of access to the portion of the Common Areas located above the Storm Sewer System and areas adjacent thereto as may be reasonably and temporarily necessary for purposes of installing, maintaining,repairing,replacing,removing, enlarging and renewing the non-public portion of the Storm Sewer System, if any, subject to the conditions that: (x) The owner of each Parcel shall not permit the flow of toxic or hazardous substances or any other substance from such Parcel into the Storm Sewer System which is not permitted to be discharged into the public storm sewer serving the Project by any applicable law, statute or regulation or otherwise; (y) The owner of each Parcel shall not permit any other party or property to discharge water onto the Project and no right to transfer or run water is granted hereunder other than to the owner(s)of each such Parcel for water accumulating and originating on such Parcel; and (z) No such running or transferring of water shall result in water being discharged at a rate or in a volume in excess of that permitted by the design standards for the Storm Sewer System. (c) Sanitary Sewer. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each of the Parcels,a non-exclusive easement appurtenant to each Parcel,over,across,upon and under the portion of the Common Areas located above the sanitary sewer lines and related appurtenances depicted on Exhibit D (collectively,the"Sanitary Sewer System")for the sole and exclusive purpose of permitting the flow of wastewater, sewage and related materials through the Sanitary Sewer System,together with the right of access to the portion of the Common Areas located above the Sanitary Sewer System and areas adjacent thereto as may be reasonably and temporarily necessary for purposes of installing,maintaining,repairing,replacing,and renewing the non-public portion of the Sanitary Sewer System, if any. (d) Water. Subject to the conditions and limitations hereinafter set forth,Declarant hereby declares and grants for the benefit of each of the Parcels,a non-exclusive easement appurtenant to each Parcel,over,across, upon and under the portion of the Common Areas located above the water lines and related appurtenances depicted on Exhibit D(collectively,the "Water System")for the sole and exclusive purpose of permitting the flow of water through the Water System, together with the right of access to the portion of the Common Areas located above the Water System and areas adjacent thereto as may be reasonably and temporarily necessary for purposes of installing,maintaining,repairing,replacing,and renewing the non- 3 ::ODMAIPCDOCS\PORTLAND\55375418 • public portion of the Water System, if any. Without limiting the generality of the foregoing easement, the Water System easement includes the area described on the attached Exhibit E-1 and drawn on the attached Exhibit E-2 and the area described on the attached Exhibit F-1 and drawn on the attached Exhibit F-2. (e) Gas,Electric,Telephone,Cable Television and Communication. Declarant hereby declares and grants for the benefit of each of the Parcels,a non-exclusive easement appurtenant to each Parcel under,along and across those portions of the Common Areas as may be temporarily and reasonably necessary for the purposes of installing, maintaining,repairing, replacing, and renewing utility lines or systems serving each Parcel (collectively,"Utility Lines"), for gas,electrical,telephone,cable television and communication service(and any other utility facilities that may be reasonably necessary for the orderly development and operation of the improvements from time to time located within the Parcels)to each such Parcel and not otherwise previously created by any applicable plat of subdivision, subject to the conditions that: (1) All Utility Lines shall be underground except: (a) ground mounted electrical and telephone transformers and junction boxes and temporary emergency generators; (b) as may be necessary during periods of construction,repair or temporary service; (c) as may be required by governmental authorities having jurisdiction over the Project; (d) as may be required by the provider of such service; (e) fire hydrants or for manhole and manhole covers; and (f) generators if first approved by Declarant; (ii) At least fifteen(15)days prior to exercising the easement rights granted herein,the owner of the Parcel benefited by the easement rights granted by this Section 1(e) ("Grantee")shall provide the owner of the Parcel whose Common Areas is to be burdened by the easement rights granted by this Section 1(e)("Grantor")with a written statement describing the need for such easement and identifying the proposed location and width of any such proposed Utility Line. The location and width of any such proposed Utility Line shall be subject to the prior approval of the Grantor,which approval shall not be unreasonably withheld or delayed. The easement area shall be no wider than reasonably necessary to satisfy the requirements of a private or public utility. Within thirty(30)days after the determination of the location of any such easement area,the Grantee shall, at its sole cost and expense,record a written declaration referring to this Section 1(e)and setting forth the legal description of such easement area. Further, the Grantee shall,at its sole cost and expense,promptly following installation of any such Utility Line,.provide the Grantor with a copy of an as-built survey showing the location of such Utility Line; and 4 ::ODMA\PCDOCS\PORTLAND1553754\8 • (iii) The Grantor shall have the right at any time to relocate the easements granted herein by the Grantor(except the relocation of the public sanitary sewer requires the prior consent of the City of Tigard),provided that(a)the easements so relocated will be of substantially equivalent usefulness for the purposes stated herein,(b)all costs to effect such relocation shall be paid by the Grantor, (c)the Grantor shall interfere with the business being operated on the Grantee's Parcel as little as reasonably possible in the exercise of the Grantor's rights herein,and(d)the Grantor shall provide prior written notice of any such relocation to the owner(s)of the Parcel(s)benefited by the easement(s)being relocated. (f) Common Areas. Declarant hereby reserves to itself and declares and grants for the benefit of the Project and the owners of the Parcels, a non-exclusive easement over, across, upon and under those portions of the Common Areas as may be necessary for the purpose of permitting Declarant to perform its obligations in accordance with the provisions of Section 5(c) of this Declaration. (g) Construction. Declarant hereby reserves for itself and declares and grants for the benefit of the Project,a non-exclusive easement over, across,upon and under those portions of the Common Areas and the Parcels as may be necessary for the purpose of constructing, installing,maintaining,repairing, replacing and renewing the buildings and improvements thereon including,without limitation,the entrance areas of the Project,the Common Areas improvements,retaining walls,lines,irrigation systems and other utilities and systems which are or may be located in the Project to service any part of the Project, including any of the Parcels, and the like. (h) Monument Sign. Declarant hereby reserves to itself and declares and grants for the benefit of the Project, a non-exclusive easement over,across,upon and under Parcels 1 and 3 for purposes of constructing, installing,maintaining,repairing,replacing and renewing the proposed Project monument sign. (i) Miscellaneous. The owner of each Parcel, in the exercise and use of the rights and privileges herein granted, will not create a nuisance or do any act which would materially and adversely affect the Project or part thereof. Any work to be performed in connection with the easement rights granted herein(other than any work to be performed by Declarant in connection with the easement rights granted in Sections 1(f), 1(g),and 1(h)above during the initial construction of the Project)shall be subject to the provisions of Section 4(b)(i)hereof, and the owner(s)of the Parcel(s)benefited thereby shall,at their sole cost and expense,comply with the same; if more than one Parcel is benefited by such easement rights,the cost of compliance shall be equitably shared between such Parcels based upon the nature and extent of the easement rights benefiting each such Parcel. The easements granted in Sections 1(b),(c), (d), and(e) herein are located in and restricted to the area below the surface of the ground,and this Declaration grants no right to use, occupy or alter any area of the ground surface above said easement areas except as reasonably and temporarily necessary to afford access to said easement areas. • 5 ::ODMA\PCDOCS\PORTLAND\553754\8 • • Declarant hereby reserves non-exclusive easements under, over,through and across the sidewalks,interior and perimeter driveways,parking areas,ramps, landscaping,walkways, trailways, aisles,or retaining walls on any of the Parcels and all other areas of any of the Parcels, except that area underlying any building located(or to be located)on any of the Parcels, for the purposes of installing,maintaining,repairing,replacing,renewing and using such water system lines,telephone and electrical conduits or systems, gas lines,drainage lines and other utilities which are or may be located in the Project to service any part of the Project,including any of the Parcels, and reserves the right to change from time to time the dimensions and location of the Common Areas located on any Parcel then owned by Declarant,as more particularly set forth in Paragraph 16 hereof. If Declarant desires to make a material change to the Common Areas that would materially and adversely affect the use of the Common Areas by the owner of Parcel 2 or its tenants,then Declarant and the owner of Parcel 2 shall comply with and be subject to the provisions of Section 4.5 of the Multitenant Office Lease Agreement,dated as of August 9, 2006,between the Oregon State Bar,a public corporation of the State of Oregon,as tenant, and Declarant,as landlord,as amended by that certain Amendment to Lease Agreement,dated as of December 29,2006(the"OSB Lease"),the provisions of which survive the expiration or earlier termination of the OSB Lease. Each Parcel owner shall maintain any private utility lines located on its respective Parcel(and, if required by the public utility,any public utility located on its respective Parcel). If any such utility line is used exclusively by another Parcel owner, then said other Parcel owner shall be solely responsible for the maintenance of said utility lines and the costs of such maintenance; if more than one Parcel is benefited by any such utility line, then the maintenance of said utility lines,and the costs of such maintenance, shall be equitably shared between such Parcels based upon the nature and extent of the benefit of such utility line to each such Parcel. Declarant covenants that in the exercise of the easements hereby reserved, Declarant shall not disturb any Parcel owner's use of its Parcel except as reasonably and temporarily necessary, and Declarant shall interfere with the business being operated on any such Parcel as little as reasonably possible in the exercise of Declarant's rights herein. Without limiting the generality of the foregoing,in the event the exercise of the easements hereby 'reserved detrimentally affects the condition of any portion of the Project, Declarant covenants and agrees to restore the Project,or part thereof,to the condition existing prior to the exercise of the easements hereby reserved including, without limitation,any filling and compacting of all excavations,repaving of paved areas,and replacement of landscaping. In addition,prior to the exercise of the easements hereby reserved,Declarant shall provide reasonable advance notice to any Parcel owner whose Parcel would be affected thereby,and Declarant shall schedule performance of any work to be performed with the owner of the Parcel affected thereby such that performance of such work will not unreasonably interfere with the business being operated upon such Parcel. (j) Public Utility Easement. Declarant hereby grants to the City of Tigard a non- exclusive easement on and under the property described on the attached Exhibit G-1 and drawn on the attached Exhibit G-2 for constructing,maintaining, installing, inspecting, and repairing underground public utilities and appurtenances(the"Public Utility Easement"). This easement right does not prevent the owners of Parcels 1 and 3 from using their respective Parcels in any manner that does not interfere with the purposes of the Public Utility Easement. Declarant and • 6 ::ODMA\PCDOCS\PORTLAND\553754\8 • •v • the owners of Parcels 1 and 3 shall be free to landscape,pave, and otherwise use the surface of the property encumbered by the Public Utility Easement. 2. DURATION. The easements,covenants,conditions and restrictions herein contained shall be perpetual,shall create mutual benefits and covenants running with the land and shall be binding upon any owner,tenant,or occupant of the Project and their respective heirs,personal representatives,successors and assigns. 3. COMMON AREAS. The sidewalks,driveways,roadways,parking areas, signs, recreation areas,landscaping,retaining walls,the area between the curb on SW Boones Ferry Road and the Parcels,walkways,fountains and associated water features, detention areas, trailways, aisles,and other facilities of the Project designed for use by all owners and occupants of the Project, and their employees,agents,customers,tenants and invitees as the same may exist from time to time,are herein together referred to as the"Common Areas". The Common Areas shall not include any buildings(including any appurtenant canopies,supports and other outward extensions)or hardscape areas associated with any buildings constructed on any Parcel or Service Areas. For purposes of this Declaration,hardscape areas shall mean the area between the perimeter building walls and the curbline on any Parcel. The Common Areas shall not be used for any purpose other than pedestrian movement and the parking and passage of motor vehicles and bicycles, landscaping, signage, in each case subject to reasonable,non- discriminatory rules and regulations as may be established by Declarant and approved by the owner of Parcel 2,which approval shall not be unreasonably withheld, from time to time, including,without limitation,rules and regulations governing traffic flow,traffic management, parking and the like,to facilitate access and parking with respect to each Parcel. Without limiting the generality of the foregoing,Declarant reserves the right to erect, install and implement,as the case may be,traffic signs and signals,traffic control devices(including, without limitation, speed bumps and/or tire stops),access and security control measures and the like to facilitate the orderly administration and use of the Common Areas by those parties entitled to use the same. Declarant reserves the right to remove any unauthorized signage from the Common Areas. Declarant shall not impose any charge on parking at the Project. 4. CONDITIONS AND RESTRICTIONS. (a) Parcels. Except as permitted by the prior written approval of Declarant, no building,structure or other improvement shall be constructed or maintained on any Parcels unless such building,structure or other improvement shall conform to the following covenants and requirements: (i) No rooftop sign nor any sign extending above the walls or parapet of any building or structure shall be erected or maintained with respect to any such building or structure and no sign,whether a rooftop sign or otherwise,shall include any flashing,pulsating. • or rotating light(s). (ii) No freestanding pylon or monument type identification sign(other than any such sign erected by or on behalf of Declarant pursuant to Section 1(h)hereof)may be 7 ::ODMA\PCDOCS\PORTLAND\553754\8 • • • erected on any of the Parcels without Declarant's prior written approval. Notwithstanding the foregoing,there may be erected entrance-exit signs to facilitate the free flow of traffic,the type and location of such signs to be approved by Declarant,which approval shall not be unreasonably withheld or delayed. All signs for the Parcels at the Project shall be subject to and in compliance with all applicable laws and regulations. Declarant reserves the right to remove any unauthorized signage. (iii) No improvements shall be constructed; erected,expanded or altered on any of the Parcels until the plans for the same(including site layout, signage,civil engineering drawings(including finished floor elevations),exterior appearance,parking,if any, and landscaping)have been approved by Declarant,which approval shall not be unreasonably withheld so long as the plans therefor are otherwise substantially in accordance with Declarant's project development plans submitted to and approved by the City of Tigard,Oregon("City") as part of the planned development of the Project. All construction work shall,upon approval of plans by Declarant,be prosecuted with all due diligence,and subject to the conditions and limitations herein contained. (b) Construction; Landscaping;and Building Maintenance. Use and enjoyment by the owner of any Parcel of the.easement rights and declarations herein granted shall be subject to the following terms,covenants and restrictions. (i) The owner of each Parcel(each, a"Constructing Owner"), shall pay all reasonable costs and expenses incurred by any other Parcel owner due to damage to the Project arising from or related to such Constructing Owner's construction operations at such Constructing Owner's Parcel. No Constructing Owner shall materially obstruct the free flow of pedestrian or vehicular traffic upon and across the Project during any period of construction at such Parcel or at any time thereafter. During such period of construction,such Constructing Owner shall cause the interior driveways of the Project to be maintained free of all materials and supplies arising out of or resulting from such Constructing Owner's construction and otherwise in a neat and orderly condition undisturbed from such Constructing Owner's construction operations. Any vehicle or equipment used in such construction or any materials used in such construction shall be parked or stored only in an area approved in writing by Declarant. Each Constructing Owner agrees to defend, indemnify and hold harmless each other.Parcel owner from and against any and all loss, cost, damage, liability,claim or expense(including, without limitation,reasonable attorneys' fees and costs)arising from or relating to such Constructing Owner's construction operations. All construction operations at such Constructing Owner's Parcel shall be performed in a lien-free and good and workmanlike manner,in accordance with all laws,rules,regulations and requirements, including,without limitation,such reasonable,non- discriminatory rules and regulations for the Parcels as may be promulgated by Declarant. No Constructing Owner shall permit or suffer any mechanic's liens claims to be filed or otherwise asserted against the Project in connection with such Constructing Owner's construction operations,and shall promptly discharge the same in case of the filing of any claims for liens or proceedings for the enforcement thereof,or in the event such Constructing Owner in good faith desires to contest the validity or amount of any mechanic's lien,such Constructing Owner shall have the right to contest the validity or amount of any such mechanic's lien,provided that(i) 8 ::ODMA\PCDOCS\PORTLAND155375418 6°' • • such Constructing Owner deposits with the owner of the Parcel affected by such mechanic's lien cash or a letter of credit or other security reasonably acceptable to such affected Parcel owner in an amount equal to one hundred fifty percent(150%)of the amount of said lien to insure payment and prevent any sale or forfeiture of any part of the affected Parcel by reason of nonpayment; (ii)neither the affected Parcel nor any part thereof or interest therein would be in any substantial danger of being sold,forfeited,or lost, (iii)such affected Parcel owner would not be in any substantial danger of any civil or criminal liability for failure to comply therewith; and (iv)such Constructing Owner promptly notifies such affected Parcel owner,in writing, of such contest. Any such contest shall be prosecuted with due diligence and such Constructing Owner shall promptly after the final determination thereof pay the amount of any such lien,together with all interest,penalties and other costs payable in connection therewith. Any such letter of credit deposited hereunder shall be issued by a national bank reasonably acceptable to such affected Parcel owner. All materialmen,contractors,artisans, mechanics,laborers and any other person now or hereafter furnishing any labor,services,materials, supplies or equipment to a Constructing Owner or such Constructing Owner's Parcel,or any portion thereof, are hereby charged with notice that they must look exclusively to such Constructing Owner to obtain payment for the same. Notice is hereby given that no owner of any Parcel(other than the Constructing Owner)shall be liable for any labor,services,materials,supplies,skill, machinery, fixtures or equipment furnished or to be furnished to the Constructing Owner upon credit,and that no mechanic's lien or other lien for any such labor, services,materials,supplies,machinery, fixtures or equipment shall attach to or affect the estate or interest of the owner of any Parcel (other than the Constructing Owner) in and to such owner's Parcel, or any portion thereof. Each • Constructing Owner and its tenants and their respective contractors and subcontractors shall be solely responsible for the transportation,safekeeping and storage of materials and equipment used in connection with such Constructing Owner's construction operations,and for the removal of waste and debris resulting therefrom. In the event any Constructing Owner's construction operations detrimentally affect the condition of any portion of the Project,such Constructing Owner shall restore the Project,or part thereof,to its condition existing prior to commencement of such Constructing Owner's construction operations, including without limitation, any filling and compacting of all excavations,repaving of paved areas and replacement of landscaping. No such construction operations shall result in a labor dispute or encourage labor disharmony. Prior to commencement of such Constructing Owner's construction operations,such Constructing Owner shall obtain,at its sole cost and expense, and maintain during the performance of such Constructing Owner's construction operations,workers compensation insurance covering all persons directly employed by such Constructing Owner in connection with such Constructing Owner's construction operations and with respect to which death or injury claims could be asserted against Declarant,such Constructing Owner,the Project or any interest therein as required by applicable laws and regulations,together with commercial general liability insurance for the mutual benefit of Declarant and such Constructing Owner with limits not less than the amounts set forth in Section 7 hereof,and all risk builder's risk insurance for full insurable value covering any improvements constructed. All such insurance shall be written by solvent insurance companies licensed in the State of Oregon and all such policies of insurance or binders 9 ::ODMA'PCDOCSIPORTLAND\55375418 • • . of insurance shall be delivered to Declarant prior to commencement of such Constructing Owner's construction operations. • (ii) Each Parcel shall be landscaped in accordance with a plan approved by Declarant and otherwise in accordance with the requirements of the City, such landscaping to include sodding,planting of trees, shrubs and other customary landscape treatment and, if required by Declarant or the City,an underground sprinkler system. Landscaping shall be kept in a neat and attractive condition and appearance including,without limitation,lawns mowed,edges trimmed,and trees, shrubs and other landscape treatment properly maintained. Each Parcel shall not be fenced(unless such fence acts as a temporary barrier to a construction zone during construction on such Parcel or acts as a perimeter boundary for any approved outdoor eating area on such Parcel) or obstructed in any way but shall be kept open at all times for the free use thereof,except that curbs, landscaping or bumper stops may be erected on any such Parcel in order to define the boundaries of such Parcel. Any dumpster serving any Parcel shall be screened(other than dumpsters used during temporary construction operations) in a manner reasonably satisfactory to Declarant and consistent with the architectural and aesthetic character of the balance of the Project. Each Parcel owner shall maintain the exterior of all buildings located on such Building owner's Parcel in good condition and state of repair, including without limitation,maintaining all perimeter and building walls and retaining walls,keeping the exterior store front surface clean,replacing any cracked or broken glass. Declarant hereby reserves unto itself,the right to cure any failure of any Parcel owner to make such repairs,maintenance or restoration as are required under the aforesaid covenants, conditions and reservations and as required under Sections 5 and 8 hereof; provided,however,Declarant shall not be entitled to cure any such failure unless Declarant has first given the Parcel owner written notice of such failure and such owner has not cured such failure within ten(10)days after delivery of such notice or,in case such cure cannot be effected within said 10-day period and such owner is diligently pursuing such cure, such additional period as may be reasonably necessary to effect such cure,and provided further that,with respect to a failure by such owner to maintain insurance set forth in Section 4(b)(i)and Section 7 hereof or with respect to any event,fact or circumstance which involves imminent threat of injury or damage to persons or property,the aforesaid cure period shall not apply. All reasonable costs incurred by Declarant in performing such repairs, landscaping,maintenance or restoration shall be due from any such owner upon demand,and,in addition,such owner shall pay interest on such costs from the date of expenditure by Declarant until the date of reimbursement by any such owner,at an interest rate(the"Interest Rate")equal to four percent(4%)per annum in excess of the published prime rate of interest of U.S. Bank National Association(or similar institution if said bank shall cease to exist or to publish such a prime rate)provided that such rate shall not exceed the highest rate permitted by applicable law. Any of the foregoing restrictions may be waived,amended,modified,released or terminated at any time and from time to time by Declarant as to any one or more of the Parcels. 10 ::ODMA\PCDOCS\PORTLAND\553754\8 .0f5, • • 5. REPAIR AND MAINTENANCE OF COMMON AREAS; COMPLIANCE WITH LAWS;REAL ESTATE TAXES. • (a) Repairs and Maintenance. Except as otherwise expressly provided herein, each Parcel owner shall,at such Parcel owner's sole cost and expense,in a manner consistent with"Class A"office projects in the greater Portland, Oregon metropolitan area(i)keep such owner's Parcel', including any Common Areas located thereon,free of obstruction, clean,swept and in good repair and renew any portions thereof as necessary,(ii)remove snow and ice from the perimeter driveways and parking areas located on such Parcel owner's Parcel, (iii)keep any Common Areas located on such Parcel owner's Parcel lighted during hours of darkness when any business operations located upon such Parcel owner's Parcel are open for business,(iv)keep the parking areas located on such Parcel owner's Parcel properly striped to assist in the orderly parking of cars,(v)provide trash service for such owner's Parcel,(vi)maintain all curbs and related site improvements including all Service Areas and hardscape areas,if any, located on such Parcel owner's Parcel in good order,condition and repair,(vii)keep such Parcel owner's Parcel neat and orderly,and planted in grass and trimmed until improved and constructed; thereafter,such Parcel owner shall keep the landscaping located on such Parcel owner's Parcel landscaped in accordance with the requirements of the City,such landscaping to include sodding, planting of trees,shrubs and other customary landscape treatment and, if required by Declarant or the City,an underground sprinkler system;(viii) maintain the Storm Sewer System in good working order;(ix)maintain the area between the curb on SW Boones Ferry Road and the Parcels in good condition; and(x)perform such other maintenance and repairs as are customary for"Class A"office projects in the greater Portland,Oregon metropolitan area. All maintenance and repairs shall be done as quickly as possible and at such times and in such a manner as shall minimize any inconvenience to the business conducted in the Project and to delivery vehicles servicing such business. • (b) Compliance With Laws;Payment of Real Estate Taxes;Universal Common Area Maintenance Items. (i) Generally. Each Parcel owner shall comply with all laws,rules, regulations and requirements of public authorities relating in any manner whatsoever to such Parcel owner's Parcel,and shall pay one hundred percent(100%)of the(x)real estate taxes which are due and payable for each such Parcel owner's Parcel and insurance premiums payable with respect to each such owner's Parcel required by Section 4(b)(i)and Section 7 hereof, (y) repair and maintenance expenses for the Common Areas, Service Areas and hardscape areas, if any, located on each such Parcel owner's Parcel,and(z)amounts due and payable to the City in connection with repair and maintenance of any public improvements(including,without limitation,any trailways,and landscaping within public rights of way) located on or adjacent to each such Parcel owner's Parcel. For purposes of this Declaration,real estate taxes shall include all taxes, installments of assessments and governmental charges of any kind and nature whatsoever,including any area-wide assessment, levied or assessed against the Project and any improvement thereon. Each Parcel owner shall maintain on its Parcel a sufficient amount of landscaping to comply with the City of Tigard's minimum landscaping requirements for such Parcel. 11 ::ODMAIPCDOCS\PORTLANDl55375418 • • (ii) Universal Common Area Maintenance Items. Anything in Section 5(b)(i)to the contrary notwithstanding,Declarant shall(a)maintain and repair all utility lines and retaining walls within the Common Areas, including any irrigation lines,and make payment of any and all real estate taxes, insurance premiums and other similar charges attributable thereto,(b)maintain the Common Areas security program, if any,(c)maintain any Project identification signage,(d)maintain and repair the roads,perimeter driveways and entrance areas of the Parcels and related site and infrastructure improvements, and make payment of any and all real estate taxes(if any), insurance premiums,and other similar charges attributable thereto, (e) maintain and repair the landscaping,lighting systems,sprinkler and irrigation systems and related improvements in the Common Areas,(f)maintain and repair the fountains and any associated water features and make payment of any and all real estate taxes,insurance premiums and other similar charges attributable thereto,and(g)perform any other Common Area maintenance to the extent the same covers services directly benefiting a Parcel owner's Parcel, but which cannot be billed to or contracted for separately by the owner of such Parcel (collectively,"Universal Common Area Maintenance Items"). (iii) Payments. In addition to payment of amounts described in Section 5(b)(i),each Parcel owner shall pay to Declarant on a quarterly basis,in advance, in accordance with Declarant's estimate,and subject to adjustment after the end of the year on the basis of the actual costs for such year,its respective proportionate share of the cost of the Universal Common Area Maintenance Items. For purposes of this Section 5(b)(iii),the proportionate share of the cost of the Universal Common Area Maintenance Items for each Parcel shall be allocated among each of Parcel 1, Parcel 2 and Parcel 3 based upon the anticipated rentable area of each such building located on each respective Parcel(i.e.,5,185 rentable squarefeet for Parcel 1,68,512 rentable square feet for Parcel 2,and 51,110 rentable square feet for Parcel 3,to be further adjusted to the actual rentable area of each office building once a building permit is issued for any such office building,and increasing or decreasing from time to time as physical changes are made to an office building affecting its rentable area. (c) CAM Election. Declarant may from time to time elect("CAM Election") to maintain and repair the Common Areas located on one or more of the Parcels in the manner hereinafter set forth. Any such CAM Election shall be in writing and shall be given to each of the owners of the Parcels subject to the CAM Election,and shall specify a date(no earlier than ninety(90)days following the date of the CAM Election)by which Declarant intends to commence maintenance and repair of the Common Areas located on the Parcels subject to the CAM Election. In the event Declarant makes a CAM Election(i)Declarant shall,subject to reimbursement as provided herein,cause to be maintained and repaired the Common Areas located on the Parcels subject to the CAM Election consistent with the terms and provisions of Section 5(a)and Section 5(b)hereof,other than providing trash service for any Parcels subject to the CAM Election,(ii)the owner of each of the Parcels subject to the CAM Election shall not be required to so maintain the Common Areas located on its respective Parcels notwithstanding the provisions of Section 5(a)and Section 5(b)hereof,but shall continue to provide trash service for such owner's Parcels,shall continue to maintain the Service Areas and the hardscape areas located on such owner's Parcels,and shall comply with all laws,rules,regulations and requirements of public authorities relating in any manner whatsoever to such owner's Parcel as 12 ::ODMA\PCDOCS\PORT[.AND\553754\8 • • provided in Section 5(b)hereof,(iii)the owner of each of the Parcels subject to the CAM Election shall not be required to make the quarterly payments contemplated by Section 5(b) hereof, it being understood that such amounts shall be paid monthly as part as such Parcel owner's proportionate share of CAM Expenses(as herein defined), and(iv)the owner of each of the Parcels subject to the CAM Election shall pay to Declarant its proportionate share of CAM Expenses in equal monthly installments,in advance,as reasonably estimated by Declarant, and subject to adjustment after the end of each calendar year on the basis of the actual costs for such year. In the event the CAM Expenses estimate is delivered following January of the applicable calendar year, said amount, so estimated,shall be payable in equal monthly installments,in advance,on the first day of each month for the balance of such calendar year,with the number of 'installments being equal to the number of full calendar months remaining in such calendar year. Declarant may re-estimate the amount of CAM Expenses from time to time during any calendar year. Each such Parcel Owner's proportionate share of CAM Expenses shall be a fraction,the numerator of which shall be the rentable square foot floor area of the building located on such Parcel owner's Parcel,and the denominator of which shall be the total rentable square foot floor area of all buildings located on the Parcels subject to the CAM Election. In the event Declarant makes a CAM Election, Declarant may promulgate such reasonable,non-discriminatory rules and regulations for the Parcels subject to the CAM Election as Declarant deems reasonable and necessary,and the owners of each of the Parcels subject to the CAM Election shall be bound thereby. The term"CAM Expenses"shall include all Universal Common Area Maintenance Items and all other expenses incurred with respect to the maintenance, lighting,cleaning, inspecting, painting,repair,operation and replacement of the improvements(including,without limitation, retaining walls, landscaping,hardscaping and equipment,such as lighting poles and fixtures located within the Common Areas)of the Common Areas located on the Parcels subject to the CAM Election,and certain other costs as more particularly described below,as determined by Declarant's accountant in accordance with prudent industry standards, including, without limitation,insurance premiums for the Common Areas located on the Parcels subject to the CAM Election;all costs and expenses of maintaining,operating,replacing,repairing,repaving, lighting,striping, salting and sealing the parking areas, including any parking decks,perimeter driveways and entrance areas of the Common Areas located on the Parcels subject to the CAM Election,and any and all real estate taxes(if any),,insurance premiums,and other similar charges attributable thereto; all costs and expenses of removing debris from and for security protection for the Common Areas located on the Parcels subject to the CAM Election;all costs and expenses of all service and maintenance contracts for the Common Areas located on the Parcels subject to the CAM Election,including,without limitation,general cleaning, surface water,pest control, fire control and telephone alert systems; costs of collection and disposal of all trash and garbage;all costs and expenses for machinery and equipment used in the operation of the Common Areas located on the Parcels subject to the CAM Election;all costs and expenses of maintaining and repairing sprinklers and other fire protection systems,irrigation systems,and electrical,gas, water,telephone and other utility systems serving the Common Areas located on the Parcels subject to the CAM Election;all costs and expenses of planting,maintaining and replacing landscaping and shrubbery for the Common Areas located on the Parcels subject to the CAM Election;maintaining and repairing traffic signals and all costs and expenses of traffic 13 ::ODMA\PCDOCS\PORTLAND\553754\8 ir • regulation,directional signs and traffic consultants;permits;all costs and expenses of operating, maintaining,repairing and replacing any non-public utility system serving the Common Areas located on the Parcels subject to the CAM Election;all reasonable charges for interest on and depreciation of equipment installed in,or improvements or alterations made to,the Common Areas which are for the purpose of reducing energy costs,maintenance costs or other CAM Expenses,or which are required under any governmental laws,regulations,or ordinances which were not required as of the date hereof, so as to amortize the cost of such equipment, improvements or alterations over the reasonable life of the same on a straight line basis; the costs of supplies and materials used in connection with the operation and maintenance of the Common Areas located on the Parcels subject to the CAM Election;the cost of providing employment and so-called fringe benefits for employees involved in the operation and maintenance of the Common Areas located on the Parcels subject to the CAM Election; amounts paid to contractors or subcontractors for work or services performed in connection with the operation,maintenance repair and replacement of the Common Areas located on the Parcels subject to the CAM Election;without duplication of any of the foregoing, the cost of the Universal Common Area Maintenance Items;and such other costs or expenses as may be ordinarily incurred in the operation,maintenance,repair and replacement of common areas and not specifically set forth herein, including a reasonable management fee(not to exceed 15%of the foregoing costs and expenses). Declarant may from time to time elect to cancel("CAM Cancellation")any CAM Election and no longer be responsible for the repair and maintenance of the Common Areas located on the Parcels subject to the CAM Election in the manner hereinafter set forth. In the event of the CAM cancellation,the obligations for repair and maintenance shall be the responsibility of the owners of the Parcels. Any such CAM Cancellation shall be in writing and shall be given to each of the owners of the Parcels subject to the CAM Election, and shall specify a date,no earlier than ninety(90)days following the date of the CAM Cancellation,by which Declarant shall no longer be responsible for the maintenance and repair of the Common Areas located on the Parcels subject to the CAM Election. In the event Declarant makes a CAM Cancellation,the owner of each of the Parcels subject to the CAM Election shall,on the date specified in the CAM Cancellation,resume responsibility for the maintenance and repair of the Common Areas located on its respective Parcel in the manner required by Section 5(a)and Section 5(b)hereof and shall resume making the quarterly payments contemplated by said Section 5(b). Nothing herein contained shall preclude Declarant from making a CAM Election subsequent to a CAM Cancellation. (d) Books and Records. Declarant shall,at the request of any Parcel owner, make available to such Parcel owner for its inspection and examination during Declarant's normal business hours all of the books and records that relate to the determination of the amounts due and owing as provided in Sections 5(b)and 5(c)hereof. Declarant also agrees to make such books and records available during Declarant's normal business hours to an independent certified accountant(which such independent certified accountant shall not be compensated in whole or in part on a.contingency fee basis)selected by any such Parcel owner, for review and audit,at the requesting Parcel owner's sole cost and expense. If such audit reveals an error in any such amount or adjustment, an appropriate adjustment shall be made based upon such audit,and if any 14 ::ODMA\PCDOCS\PORTLAND\553754% • • such error reveals an overpayment by any such Parcel owner in excess of 5%of the amount actually due and owing by any such Parcel owner,Declarant shall pay the reasonable cost of such audit. 6. INDEMNIFICATION. The owner of each Parcel agrees to defend, indemnify and hold harmless the other Parcel owners from and against any and all claims,actions,damages, fines, liabilities and expenses of every kind,nature and sort whatsoever(including reasonable attorney's fees,court costs and expenses)which may be imposed upon, incurred by or asserted against the indemnified party or its property in connection with loss of life,personal injury and/or property damage arising from or relating to any occurrence in,upon or at the indemnified Parcel owned by the indemnifying party,or any part thereof,or from exercise by the indemnifying party of the easement rights granted herein,except to the extent caused by the willful or negligent acts or omissions of the indemnified party or to the extent covered by insurance. With respect to any indemnification provided for hereunder,the indemnifying owner shall immediately respond and take over the expense,defense and investigation of all such claims arising under this indemnity. Each Parcel owner("Releasing Owner")shall release and waive for itself,and each person claiming by,through or under it,each other Parcel owner("Released Owner")from any liability for any loss(including any deductible loss) or damage to any property of such Releasing Party located upon any portion of the Project and for any business conducted upon any portion of the Project,without regard to any negligence on the part of the Released Owner which may have contributed to or caused such loss,or of the amount of such insurance required to be carried or actually carried;provided,however,the foregoing release shall not apply to any loss or damage attributable to an environmental condition caused by the Released Owner. Each Parcel owner agrees to obtain, if needed,appropriate endorsements to its policies of insurance with respect to the foregoing release. 7. INSURANCE. Each Parcel owner shall cause to be procured and maintained commercial general public liability insurance with a combined single limit of no less than $3,000,000.00 on an occurrence basis, which policy or policies shall: • (a) name as an additional insured the Declarant and Declarant's management agent; (b) be written by solvent insurance companies licensed in the State of Oregon and rated at least A/X by A.M. Best Insurance Service(or such similar service in the event A.M. Best no longer exists); (c) provide that such policy or policies may not be canceled by the insurer without first giving each named insured and Declarant at least thirty(30)days'prior written notice; (d) protect and insure the parties designated in clause(a)above on account of any loss or damage arising from injury or death to persons or damage or destruction to property caused by or related to or occurring on(i)any such Parcel; (ii)any construction or reconstruction 15 ::ODMA\PCDOCS\PORTLAND\553754\8 • • that any such Parcel owner may perform in connection with such owner's Parcel;and(iii)any act or omission of any such Parcel owner, and its respective agents, employees, licensees, invitees or contractors on any portion of such Parcel; (e) include contractual liability coverage insuring the indemnity obligations provided for herein; (f) provide for severability of interests;and (g) provide that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to the other insureds or additional insureds. Any such coverage shall be deemed primary to any liability coverage secured by any other Parcel owner covering such owner's Parcel. Each Parcel owner shall also keep any building improvements located on its Parcel insured in an amount equivalent to the full replacement value thereof(excluding foundation, grading and excavation costs)against loss or damage by fire and such other risks of a similar or dissimilar nature customarily covered with respect to buildings and improvements similar in construction,general location,use,occupancy and design to such building improvements. Nothing herein contained shall prevent any Parcel owner from taking out insurance of the kind and in the amount provided for hereunder under a blanket insurance policy or policies which may cover other properties owned or operated by such Parcel owner as well as its Parcel; provided,however,that any such policy of blanket insurance of the kind provided for shall specify therein the amounts thereof allocated to such Parcel or such Parcel owner shall furnish each other Parcel owner with a written statement from the insurers under such policies specifying the amounts of the total insurance allocated to such Parcel, and provided further,that such policies of blanket insurance shall,as respects such Parcel, contain the various provisions required of such an insurance policy.by the foregoing provisions of this Declaration. Each Parcel owner shall deliver binders or certificates of such policies of insurance to Declarant and to each other Parcel owner upon demand. 8. DAMAGE AND DESTRUCTION. In the event of any damage or destruction to any buildings to be constructed on any of the Parcels,the owner of said Parcel shall either(i) promptly remove all rubble and debris resulting from such damage or destruction and shall commence restoration within six(6)months of such damage or destruction and shall complete restoration of such damage or destruction within twelve(12)months after the date thereof,or(ii) forthwith remove all rubble and debris resulting from such damage or destruction and restore the site to a safe,orderly and clean condition as soon as possible and maintain landscaping as required by the City,provided that the time periods described herein shall be deferred for a period,not to exceed an aggregate of three hundred sixty-five(365)days, equal to any delay caused by reason of strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefor,acts of God,governmental restrictions,regulations or controls, 16 ::ODMA\PCDOCS\PORTLAND\553754\8 kOe • • enemy or hostile governmental action,civil commotion,insurrection,revolution, sabotage, fire or other casualty, acts or governmental agencies,or other causes(other than lack of funds) beyond the reasonable control of any such Parcel owner. 9. USE. The Project shall not be used for any activity proscribed on Exhibit H attached hereto and made a part hereof. All uses,buildings, structures and improvements shall comply with all applicable zoning ordinances of the City. 10. NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the Project to the general public or for the general public or for any public purposes whatsoever, it being the intention of Declarant that this Declaration shall be strictly limited to and for the purposes herein expressed. Declarant shall have the right to close any portion of the Project owned by Declarant to the extent as may,in Declarant's reasonable opinion,be necessary to prevent a dedication thereof or the accrual of any rights to any person or the public therein;provided,however, in the exercise of any rights pursuant to this Section 10, shall use commercially reasonable efforts to minimize interference with any of the easements granted by this Declaration. 11. RIGHTS AND OBLIGATIONS OF LENDERS. If by virtue of any right or obligation set forth herein a lien shall be placed upon any one of the Parcels, such lien shall be expressly subordinate and inferior to the lien of any first mortgage lienholder now or hereafter placed on such Parcel except those liens recorded prior to recordation of any such first mortgage. Except as set forth in the preceding sentence,however,any holder of a first mortgage lien on any one of the Parcels,and any assignee or successors in interest of such first mortgage lienholder, shall be subject to the terms and conditions of this Declaration. 12. ENFORCEMENT. The covenants,conditions and restrictions set forth herein shall be enforceable only by Declarant or by the owner of a Parcel,and shall be enforceable by: (a) Injunctive relief,prohibitive or mandatory,to prevent the breach of or to enforce the performance or observance of said covenants,conditions and restrictions;or (b) A money judgment for damages by reason of the breach of said covenants, conditions and restrictions; or (c) Any combination of the foregoing. In addition,in the event any Parcel owner fails to comply with the covenants,conditions and restrictions set forth in this Declaration,Declarant may take such action as Declarant deems appropriate to effect such compliance without waiving Declarant's rights under this Declaration, at law or in equity and without releasing such Parcel owner from compliance with the covenants, conditions and restrictions under this Declaration;provided, however,Declarant shall not be entitled to cure any such failure unless Declarant has first given the Parcel owner written notice of such failure and such Parcel owner has not cured such failure within ten(10)days of such notice or, in case such cure cannot be effected within said 10-day period and such Parcel owner is diligently pursuing such cure,such additional period as may be reasonably necessary to effect 17 ::ODMATCDOCS\PORTLAND\553754\8 • such cure,and provided further that,with respect to a failure by a Parcel owner to maintain insurance set forth in Section 4(b)(i)and Section 7 hereof or with respect to any event, fact or circumstance which involves imminent threat of injury or damage to persons or property, or with respect to a failure by a Parcel owner to comply with the covenants,conditions and restrictions set forth in Section 1(a)hereof,the aforesaid cure period shall not apply. All reasonable costs incurred by Declarant in curing any non-compliance by any Parcel owner with the covenants, conditions and restrictions set forth in this Declaration shall be due from any such Parcel owner upon demand, and,in addition, such Parcel owner shall pay interest on such costs from the date of expenditure by Declarant until the date of reimbursement by any such Parcel owner, at the Interest Rate. The failure of Declarant to enforce any provisions of the covenants,conditions and restrictions herein contained upon the violation thereof as to one or more Parcels(or one or more Parcel owners)shall in no event be deemed to be a waiver of its rights to do so-as to a subsequent violation or as to any other Parcel (or any other Parcel owner). Each Parcel owner that fails to comply with the covenants,conditions and restrictions set forth in this Declaration shall pay any and all reasonable costs and expenses incurred by Declarant in connection with enforcement by Declarant of the rights and remedies set forth in this Section 12 against any such Parcel owner including,without limitation,all reasonable attorneys' fees and consulting fees and all court costs and filing fees related thereto. Anything in this Section 12 to the contrary notwithstanding,(i) if any Parcel owner fails to comply with the covenants,conditions and restrictions set forth in this Declaration and Declarant has not taken any action to effect such compliance, then any other Parcel owner shall have the right to cause Declarant to use commercially reasonable efforts to take such action as Declarant deems appropriate to effect such compliance,which action shall be at the sole cost and expense of the requesting Parcel owner and(ii)if Declarant fails to exercise its rights and responsibilities under this Declaration in accordance with the provisions herein contained,then any Parcel owner shall have the right to institute legal proceedings against Declarant to require Declarant to so exercise such rights and responsibilities,but no such proceedings shall subject Declarant to any damages by reason of Declarant's failure to so exercise such rights and responsibilities, it being understood that no Parcel owner shall have any claim,and each Parcel owner hereby waives the right to claim against Declarant for damages by reason of Declarant failing to exercise its rights and responsibilities under this Declaration, and each Parcel owner's only remedy shall be an action for specific performance or injunction to enforce any such failure to exercise Declarant's rights and responsibilities,as aforesaid. 13. PARTIAL INVALIDITY. Invalidation of any of the provisions of the covenants, conditions and restrictions herein contained,whether by order of court of competent jurisdiction,or otherwise, shall in no way affect any of the provisions which shall remain in full force and effect. 14. MISCELLANEOUS. Any consent or approval required of Declarant hereunder may be given by the person(s)or entity(s)holding beneficial ownership in Declarant. Failure by Declarant to respond to a request for any approval or consent required of Declarant hereunder 18 ::ODMA\PCDOCS\PORTLANDl553754\8 • • within fifteen(15)days of such request accompanied by all supporting documents and materials required to be furnished to Declarant shall constitute an approval or consent of the matter requested and for which required supporting documentation and materials have been furnished. Declarant may transfer the rights and responsibilities reserved to it hereunder to any other person(s)or legal entity by written instrument recorded in the Office of the County Recorder in Washington County,Oregon,but only if such instrument specifically gives the transferee the right to enforce the provisions. Declarant shall have the right to transfer the rights and responsibilities under this Declaration only to an owner of a Parcel. If Declarant does not otherwise assign the Declarant's rights and responsibilities earlier and record notice thereof in the real property records of Washington County, Oregon,then,upon the recording in the real property records of Washington County,Oregon of the deed pursuant to which Declarant conveys title to the last Parcel owned by Declarant, the owner of Parcel 2 shall automatically become the Declarant,assuming all the rights and responsibilities of Declarant under this Declaration. Wherever a transfer occurs in the ownership of any Parcel,the transferor shall have no further liability for breach of covenant occurring thereafter. Each Parcel owner agrees to look solely to the interest of any other Parcel owner in its respective Parcel for the recovery of any judgment from such owner,it being agreed that the owner of any such Parcel and its partners, directors,officers,members,managers or shareholders shall never be personally liable for such judgment. In the event any Parcel is subdivided after the date hereof,the benefits and burdens created hereby shall benefit and be binding upon any Parcel(s)created by such subdivision, and all references herein to any such Parcel shall mean and refer to the Parcel(s)created by such subdivision, and all rights and obligations of the Parcel owner shall be deemed to be the rights and obligations of the owner(s)of any Parcel created by such subdivision. Declarant shall have the unilateral right to amend this Declaration by recording an executed amendment in the Office of the County Recorder in Washington County,Oregon,unless such amendment would materially and adversely affect any Parcel not owned by Declarant, in which case any such amendment shall require the consent of the Parcel owner so materially and adversely affected thereby,and such amendment shall be of full force and effect,valid and binding upon the execution thereof,notwithstanding that not every owner of each Parcel at the time of such amendment consented to,joined in,or executed the same. However, so long as either the OSB Lease is in full force and effect or the Oregon State Bar owns Parcel 2, an amendment to this Declaration shall require the consent by the Oregon State Bar,which consent shall not be unreasonably withheld,conditioned,or delayed. 15. FAILURE TO PAY AMOUNTS DUE AND OWING. Any amounts due from any Parcel owner under this Declaration which are not paid when due shall bear interest from the due date until the date of payment at the Interest Rate,and such amounts shall be secured by a lien upon such owner's Parcel,effective upon the recording thereof in the Office of the County Recorder in Washington County,Oregon. Any such lien may be foreclosed upon in the same manner as provided for enforcement of mechanics liens or liens securing mortgage indebtedness. 16. RIGHTS RESERVED. Declarant retains, reserves and shall continue to enjoy the use of the Parcels for any and all purposes which do not interfere in any material respect with or prevent the use by the Parcel owners of the easements granted herein. Without limiting the generality of the foregoing, it is understood that Exhibit A is intended only for identifying the 19 ::ODMA\PCDOCS\PORTLAND\553754\8 • • real estate comprising the Parcels and the approximate boundary lines of the individual parcels, and that Exhibit A is not to be considered or construed as a representation,warranty or covenant that the shape, size,location,number and extent of building improvements shown thereon shall be constructed. Except as otherwise limited by this Declaration and the OSB Lease,Declarant reserves the right to change from time to time the dimensions and location of the Common Areas and the location, dimensions, identity and type of any parking areas or buildings(in each case owned by Declarant)in the Parcels and to construct additional buildings,additions to existing buildings,and other improvements in the Parcels,to eliminate buildings from the Parcels owned by Declarant,to increase the land size or otherwise modify the configuration of the Parcels shown on Exhibit A,and to change the name,address,number or designation by which the Parcels are commonly known;provided,however,in the exercise of such rights, Declarant shall not materially and adversely affect access to,visibility of,or parking serving any Parcel. 17. RELOCATION OF EASEMENTS. Declarant reserves the right at any time and from time to time,and subject to the limitations and restrictions provided in this Declaration and the OSB Lease,to relocate all or a portion of the easements(except for the public sanitary sewer easement which shall require the consent of the City of Tigard)granted by Declarant herein,provided that(i)the easements so relocated will be of substantially equivalent usefulness for the purposes stated in this Declaration, (ii)all costs incurred to effect such relocation shall be paid by Declarant,(iii)Declarant shall interfere with the business being operated on the Parcel benefited by the easement being relocated as little as reasonably possible in the exercise of Declarant's rights herein,and(iv) Declarant shall provide prior written notice of any such relocation to the owner(s)of the Parcel(s)benefited by the easement(s)being relocated. 18. ESTOPPEL CERTIFICATE. Declarant,upon the written request(which shall not be more frequent than three(3)times during any calendar year)of any owner of any Parcel, shall issue to such other owner or its prospective mortgagee of such Parcel or purchaser, an estoppel certificate stating, to the best of the issuer's knowledge: (i) whether it knows of any default under this Declaration by the requesting Parcel owner,and if there are known defaults, specifying the nature thereof; (ii) whether this Declaration has been assigned,modified or amended in any way by it and if so,then stating the nature thereof; (iii) whether this Declaration is in full force and effect; and (iv) whether there are any sums due and owing by any owner of any Parcel under this Declaration. 19. NOTICE. All notices and demands herein required or permitted shall be in writing and shall be sent by United States Certified Mail return receipt requested,personal delivery,recognized overnight courier(guaranteeing next day delivery)or facsimile with proof of transmission. Any notice to Declarant shall be delivered to Opus Northwest,L.L.C., 1500 SW First Avenue, Suite 1100,Portland,Oregon 97201,Attention: Vice President, Facsimile Number: (503)916-8964,with at copy to: Opus Northwest,L.L.C., 10350 Bren Road West, 20 ::ODMA\PCDOCS\PORTLAND\553754\8 • Minnetonka,Minnesota 55343,Attention: Legal Department,Facsimile Number: (952)656- 4529. All notices shall be deemed given two(2)business days following deposit in the United States mail with respect to a certified mail,one(1)business day following deposit if delivered to an overnight courier guaranteeing next day delivery(with receipt)or on same day if sent by personal delivery or telecopy(with proof of transmission),or on the first date of any rejection. Attorneys for the owner of a Parcel shall be authorized to give notices for such owner. Declarant may change its address for the service of notice by giving written notice of such change to the owners of the other Parcels in the manner above specified. 20. EXHIBITS. The following exhibits are made a part hereof,with the same force and effect as if specifically set forth herein: Exhibit A Project Site Plan Exhibit B Legal Description Exhibit C Private Access Easement Exhibit D Utility Plan Exhibit E Private Water Easement Exhibit F Private Water Easement • Exhibit G Public Utility Easement Exhibit H Use Restrictions [SIGNATURE FOLLOWS ON NEXT PAGE.] 21 ::ODMA\PCDOCS\PORTLANDl553754\8 • IN WITNESS WHEREOF,Declarant has caused this Declaration to be executed as of the day and year first above written. Opus Northwest, L.L.C.,a Delaware limited liability company By: � Name: : : Bartel* Its: Vice President and General Manager OFFICIAL SEAL STATE OF OREGON ) = KAISTI GALLACHER ss. `:;� N COMMISSION NO.387842 COUNTY OF MULTNOMAH ) MY COMMISSION EXPIRES DEC.13,2008 i Cotttet('•C ✓ , a Notary Public in and for said County in the State aforesaid,DO HEREBY CERTIFY THAT John Bartell,a Vice President and General Manager of Opus Northwest,L.L.C., a Delaware limited liability company,personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Vice President and General Manager,appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said limited liability company for the uses and purposes therein set forth. Given under my hand and notarial seal this2.1.)day of ,2007. /NA/Valf7 Notary Public for CA1- My Commission Expires: !" Z./3.O 22 ::ODMA\PCDOCS\PORTLAND\55375418 • • CONSENT AND SUBORDINATION AGREEMENT The undersigned, WELLS FARGO BANK,N.A. ("Bank") is the Beneficiary under a Construction Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing dated February 12,2007,and recorded in the real property records of Washington County, Oregon on February 14, 2007,under Fee No. 2007-017198 (the"Deed of Trust"). Bank is also the Secured Party under a UCC Financing Statement recorded in the real property records of Washington County,Oregon on February 14,2007,under Fee No.2007- 017199(the"Financing Statement"). The Deed of Trust and Financing Statement encumber the Project described in this Declaration. Bank hereby consents to the Declaration and hereby subordinates the Deed of Trust and the Financing Statement to this Declaration. Upon any sale under foreclosure of the Deed of Trust,any deed-in-lieu of foreclosure, any foreclosure of the Financing Statement or other acquisition of fee title pursuant to the Deed of Trust,Bank or the party acquiring title, and its successors and assigns, shall hold any and all property interest so acquired subject to the terms and provisions of this Declaration. WELLS FARGO BANK,N.A. By: Title: James R.Saw Date: Vice Presider* —2/2 /.>7 // • STATE OF ) ) ss. County of ) ,Dais Subordination was acknowledged b- o e me on SG 2007,by ,as r . Wells Fargo Bank,N.A.,a national banking association,on behalf of the national ba �'�association.c- Air Nota , Pu' is/r Arlan! ;f My I • iss on Ex : OJT • . OFFICIAL SEAL VIRGINIA OOH NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES 03,91-2011 23 ::ODMAIPCDOCS\PORTLAND\55375A8 Cr M h G © 1 I N89'.3014.4.E 348.37' PROPOSED z PROPERTY UNE ADJUSTMENT z 1 7 LOCATED IN THE NE 1/4 OF d SECTION 13, AND THE SE 0 r O 1/4 OF SECTION 12, a r•.too' T.7.2S., R.1W_ W.A!, l I/ ^ h 71GARD. WASHINGTON Si r 1 . COUNTY. OREGON. U • Al I Q MARCFI 17. 2007 < A II ' to _ PARCEL 2 f it3 / ^ N710.32' W 2 24, a4CRES N8934'55'� ry PARCEL 1 57.94'/ i ,..Z;• i rite; 6513 ACRES .4' 3..1.. 4 5642317-W 62' . •"h w r T tk.ite„?'\w5'7174'15V 9.62' `�E'l ^r 3x64' n N477322'E r4 13"--� //h 0 77 ?� 4.17' �t 0 y , �� ? �`/ 9 �� .� ( H43 182•w °��'.oTr '" .w„ / i_Si ��'� — eta Cs N43'28'12W d Q V1 /� 24.76' y'1i'/ W v N72.10' WJ vr, 6., iti 4J 10' ct3, 4� 7 548170'29'W 4� / PARCEL 3 42.92' ��,c1 724,220 SF �� / I 2.852 ACRES 4�,4pi 9 �1 I y /S 6 Mpg, / �pPV QWW`� { / �. 9.19Y',� / �c0•t. PREPARED FOR,r. 54979'55•W '. / Q6k t'''� OPUS NW, L.C. 21.58' / / V` 1500 SW FIRST AVENUE, 11100 PORTLAND. OR 97201 sil/'Q�, PREPARED 8Y.• S4979'S5'W ti� KCD LLC 20.0' / 2407 S 292ND AVENUE 67 • EXHIBIT B Legal Descriptions 2407 NE 292nd Avenue Camas, WA 98607 11 360.834.2519 fax.834.5498 DEVELOPMENT chalcumb(a)verizon.ner A CERTIFIED WOE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO ENCELLENCE_ Parcel 1 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Southeast V4 of Section 12, and in the Northeast '/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at a point on the Northeasterly line of that Tract of Land described In deed, recorded In Document Number 91063372, Washington County Deed Records, which bears S 42°36'45"E, 67.92 feet from the Northeast Corner thereof; said point of beginning is N89°30'44"E, 348.37 feet, 500°27'53"E, 217.58 feet, N89°34'55"E, 57.94 feet and S42°36'45"E, 67.92 feet from the 5/8"Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot.35, Fanno Creek Acre Tracts, with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along the Northeasterly line of said Tract of Land described In deed, recorded in Document Number 91063372; S42°36'45"E, 113.02 feet; thence leaving said line, along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42"W, 65.58 feet; thence leaving said line, N43°31'02"W, 13.82 feet; thence S46°28'S8"W, 52.20 feet; thence N43°28'12"W, 24.76 feet; thence S48°00'29"W, 42.92 feet; thence N43°27'21"W, 142.05 feet; thence N17°04'15"E, 102.71 feet; thence S72°55'45"E, 139.68 feet; thence N47°23'22"E, 4.17 feet to the point of beginning. Containing 28,340 Square Feet(0.651 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596_ B-l ::ODMA\pCDOCS\PORTLAND\553754'8 • .4� \ 2407 NE 292nd Avenue Camas, WA 98607 `•... _i; 360.834.2519 fax.834.5498 DEVELOPMENT chalcumbOverizon.net -•A CERTIFIED WaE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EVCELLENCE. Parcel 2 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record In Washington County, together with a portion of that vacated right of way In Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast 1k of Section 12, and in the Northeast '/A of Section 13, Township 2 South, Range I West, Willamette Meridian, in the pry of iigard, County of Washington,and State of Oregon, being more particularly described as follows: Beginning at the 5/8"Iron Rod with a yellow plastic cap inscribed"KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts,with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along the North line of said Lot 35 and the Westerly Extension thereof, N89°30'44"E, 348.37 feet to the Northeast Corner of said Lot 35; thence along the East line of said Lot 35, S00°27'53"E, 217.58 feet to the Northwest Corner of that Tract of Land described in deed, recorded in Document Number 91063372; thence along the North line of said Tract of Land, N89°34'55"E, 57.94 feet to the Northeast Corner thereof; thence along the Northeasterly line of said Tract of Land, S42°36'45"E, 67.92 feet; thence leaving said line, S47°23'22"W, 4.17 feet; thence N72°55'45"W, 139.68 feet; thence S17°07'15"W, 102.71 feet; thence S71°25'40"W, 74.00 feet; thence N72°55'45"W, 43.10 feet; thence S64°23'17"W, 9.62 feet; thence N72°55'45"W, 109.69 feet; thence S17°04'15"W, 36.64 feet; thence N72°55'45"W, 124.50 feet; thence N17°04'15"E, 111.56 feet; thence N72°55'45"W, 10.32 feet to the Easterly Right of Way line of the S P& S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 7°54'02" (Chord bears N12°47'31"E, 200.84 feet) a distance of 201.00 feet to the point of . beginning. Containing 124,274 Square Feet(2.853 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. B-2 ::ODMA\PCDOCS\PORTLAND\553754\8 0 • X ,,.n 2407 NE 292nd Avenue •. ;": Camas, WA 98607 .:! 360.834.2519 fax.834.5498 DEVELOPMENT chaIGumbOverizan.net A CERTIFIED WOE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Parcel 3 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast 14 of Section 12, and in the Northeast Us of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at a point on the Easterly Right of Way line of the S P&S Railroad Right of Way which bears 512°47'31"W, 200.84 feet from the 5/8" Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with said Easterly Railroad Right of Way line; thence leaving said Right of Way line, S72°55'45"E, 10.32 feet; thence 517°04'151W, 111.56 feet; thence 572°55'45"E, 124.50 feet; thence N17°04'15"E, 36.64 feet; thence S72°55'45"E, 109.69 feet; N64°23'17"E, 9.62 feet; thence S72°55'45"E, 43.10 feet; thence N71°25'40"E, 74.00 feet; thence S43°27'21"E, 142.05 feet; thence N48°00'29"E, 42.92 feet; thence S43°28'12"E, 24.76 feet; thene N46°28'58"E, 52.20 feet; thence 543°31'02"E, 13.82 feet; thence along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42"W, 438.99 feet; thence continuing along said parallel line, S49°19'55"W, 21.58 feet to the Centerline of Vacated S.W. Fanno Creek Place; thence along said line, N44°57'03"W, 381.99 feet to the Easterly Right of Way line of the S P &S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 9°39'32" (Chord bears N21°34'18"E, 245.45 feet) a distance of 245.74 feet to the point of beginning. Containing 124,220 Square Feet(2.852 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596.. • B-3 ::ODMAWCDOCS\PORTLAND\553754\8 • • EXHIBIT C-1 Private Access Easement 2407 NE 292nd Avenue Camas, WA 98607 r 360.834.2519 fax.834.5498 • ` DEVELOPMENT chalcumb( verizon.net A CERTIFIED WEE- PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. • Fanno Creek Place Private Access Easement Legal Description March 17, 2007 A portion of that tract of land described in deed to Opus Northwest LLC., recorded in Document Number 2006-128779, Washington County Deed Records, being also a portion of Lot 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated In the Northeast V4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8"iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Centerline of vacated Fanno Creek Place with the Northwesterly Right of Way line of S.W. Upper Boones Ferry Road, a 60.00-foot wide public roadway; thence along the Centerline of said Fanno Creek Place, N44°57'03"W, 22.06 feet; thence leaving said line, along a line parallel with and 22.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line, N49°19'55"E,21.58 feet to an angle point; thence continuing along said parallel line, N48°41'42"E, 473.99 feet the True Point of Beginning; thence N42°46'17"W, 110.44 feet; thence N72°55'45"W, 43.31 feet; thence N16°16'03"E, 24.00 feet; thence S72°55'45"E, 55.50 feet; thence N47°23'22"E, 4.17 feet to the Northeasterly line of that tract of land described In deed to Opus Northwest LL.C., recorded in Document Number 2006-128779, said Records; thence along said line, S42°36'45"E, 113.02 feet; thence along a line parallel with and 22.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line, S48°41'42"W, 30.58 feet to the True Point of Beginning. Containing 4,622 Square Feet. The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. C-1 ::0DMATCDOCS\PORTLAND\553754% w • • . EXHIBIT C-2 Drawing of Private Access Easement �0 FANNO CREEK PLACE Z PRIVATE ACCESS EASEMENT 1'n60' MARCH 17, 2007 S72'55'451' 55.50' N47 23 22 E . 4.17' PARCEL 2 N124..003 E������� /////24..00' s PRIVATE • y ACCESS ,/ EASEMENT ia,Itsks.tt% {�. 4,622 SF o I / PARCEL 1 /frif•/ ti.p , T.P.O.B.---'"'".pi% 4. yA0 P. z< o�Gp� o�' OPV / PARCEL 3 A15. 4 � .t/ IT p0 V \ d?° � / O L°� 0. ,`QQ Cj�• PREPARED FOR: 9s`y �� / OPUS NORTHWEST 1'A•'�9�� N491 9.5.5°E 5 / PREPARED BY.: '. 4a .',`dam 1.58' / ,Z < 1....---....1 \ ato, 4, Z N44 57'03 / `�o / 22.06' \ °. DEVELOPMENT �TIF1EO W89- / P_O.B. / 2407 NE 292nd Avenue / /5/6" IRON ROD W/YPC Camas„WA 98607 7CC DEVELOPMENT' Fax.834.5498 C-2 ::ODMAIPCDOCS\PORTLAND\553754\E • vl h n PROPOSED l1 PRIVATE DRAINAGE UTILITY EXHIBIT 2 + 7 SYSTEM(SEE CUR'S) I FOR C FANNO CREEK COMMONS 1- 1-•100' l r I LOCATED IN THE NE 1/4 OF p SECTION 1J. AND THE SE g I ! 1/4 .. SECTION 12, y Ir.25, R.iW., W,M., %. iQ TIGARD, WASHINGTON u • 2 I / I COUNTY, OREGON. Q ! : / IC i / LANDSCAPE EASMENT MARCH 20. 2007 Q= / '* / ` DOG Na 2006-128780 p ! BUILDING A i LEGEND: 17 II� �RWE" PRIVATE e / � WATER EASEMENT ! I / �_ `1>; � ..� \ PSSE. PUBLIC SANTARY ! / , l_` SEWER EASEMENT 1 .... ,pir 4, / ,Q I •�.^��,a . BUILDING A y C • .r //ill ,t 1 \ \A► W BUILDING B �— • '� /�� ' N. ///' /. , , „7 v 4' \ $ / "SAA7., • ,• a :� , .'vyW / 4,5 p,', .`,�`� PRIVATE DRAINA ��°( , O' PREPARED FOR: / ;:' A �`, , YSiEM(SEE Caws) OPUS NW, LLC.• EASEMENT`��%\\`, 'p0 ,/ J��IG� 1300 SW RRST AVENUE 81100 ` /q, / PORRAND, OR 97201 ���1500' DOG NO. `, `: � q' r 2006-128782 ",,`,\s„ ' 9 -�STORM DRAINAGE \ „ . i PREPARED 8Y: EASEMENT ``,``: / KCD LLC 2006-i 8781 �`` ' 2407 NE 292ND AVENUE `. ' CAMAS, WA 98607 • • EXHIBIT E-1 Private Water Easement ,.;,,` 2407 NE 292"Avenue .,;,. 1 Camas, WA 98607 ' ` 360.834.2519 fax.834.5498 DEVELOPMENT chalcumb(a)verizon.net A CERTIFIED WOE- PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Fanno Creek Place Private Water Line Easement Legal Description March 13, 2007 A portion of Lots 36, 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Northeast 14 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8"Iron Rod with a yellow plastic cap inscribed"KC Development" marking the Intersection of the Centerline of vacated Fanno Creek Place with the Northwesterly Right of Way line of S.W. Upper Boones Ferry Road, a 60.00-foot wide public roadway; thence along the Centerline of said Fanno Creek Place, N44°57'03"W, 22.06 feet; thence leaving said line, along a line parallel with and 22.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line,N49°19'55"E, 21.58 feet to an angle point; thence continuing along said parallel line, N48°41'42"E, 297.42 feet the True Point of Beginning; thence N41°18'18"W, 33.27 feet; thence S48°04'31"W, 3.46 feet; thence N43°27'21"W, 106.42 feet; thence S46°32'39"W, 4.50 feet; thence N43°27'21"W, 61.21 feet; thence N71°25'40"E, 16.54 feet; thence S43°27'21"E, 145.38 feet; thence N46°32'39"E, 12.17 feet; thence S43 027'21"E, 49.40 feet; thence S48°41'42"W, 20.47 feet to the True Point of Beginning. ' Containing 2,839 Square Feet. The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. E-1-1 ::ODMAIPCDOCS\PORTLAND\553754\8 VI • • . EXHIBIT E-2 Private Water Easement FANNO CREEK PLACE z PRIVATE WATER LINE EASEMENT 1"=60' MARCH 13` 2007 PARCEL 2 N,,,5•40.1- PARCEL 1 y `''. ;):S.A.- S46•'2'39"W I m� 4.50' `, �� y�t'� �`bk. 46 32'39"E/ / PRIVATE 1, �� f 1Zv7., EASEMENT `r 2,839 SF �.PARCEL 3 S48'o131 W ft%/��`'� JN41 111 i, .4 N4178'1. / / 6''4 J3•27'N $b1 a'1 7.P.I1o. e 4)' / o`���� OPT i. 1, .%6 es 4 9 <SS5 Z r1� Q�/ / P 9 AN ifi° J` " / PREPARED FOR: f21„-- 740, N49'19'55" 54 / OPUS NORTHWEST ,.. v Av.,� 2i.58 `Ej / PREPARED BY: \ -9 ;4 per( 2ri. /tto\N -, II( \ / ',72,/ `ire N44 57 03ZW / / 2Z06 DEVELOPMENT / `P.O O -,A Manna,WEtE- / 5/8"IRON ROO W/YPC 2407 NE 292nd Avenue KC DEVELOPMENT- \ Camas WA 98607 / / 380.8342518 Fex.834.5498 E-2-2 ::ODMA\PCDOCS\PORTLAND1553754\8 V • • EXHIBIT F-1 Private Water Easement 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 `DEVELOPMENT chalcumb(&verizon.net A CERTIFIED WEE PROVIDING SURVEYING AND PLANNING SERVICES 1177-I A PERSONAL COMMITMENT TO EXCELLENCE Fanno Creek Place Private Water Service Easement Legal Description April 9, 2007 A portion of Lot 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Northeast f/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8"Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Centerline of vacated Fanno Creek Place with the Northwesterly Right of Way line of S.W. Upper Booties Ferry Road, a 60.00-foot wide public roadway; thence along the Centerline of said Fanno Creek Place, N44°57'03"W, 22.06 feet; thence leaving said line, along a line parallel with and 22.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line, N49°19'55"E, 21.58 feet to an angle point; thence continuing along said parallel line, N48°41'42"E, 412.40 feet to the True Point of Beginning; thence leaving said line, N43°31'02"W, 12.79 feet; thence N46°28'58"E, 10.00 feet; thence S43°31'02"E, 13.18 feet to said parallel line; thence along said line, S48°41'42"W, 10.01 feet to the True Point of Beginning. Containing 130 Square Feet. The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. F-1-1 ::ODMA\PCDOCS\PORTLAND\553754\8 • _ _ _ • • EXHIBIT F-2 Private Water Easement I CREEK PLACE PRl VA TE WATER SERVICE EASEMENT 1".•60' APRIL 9, 2007 PARCEL 1 P.L.A. S4331.02"E ,D.o' 1318' WATER OW N462 8.58°E EASEMENT 10.00=\ 130 SF N43:31'02-W 12.79' `°ri�,,y1 .n;' . f.r.Y aC T P.O.B. ya♦O' PARCEL 3 $_ P.L.A. o" `t? G AQ�� / 0 .nzkl. RA o �S l / \-0.6 Q¢° P / • /r4,� OS JQ4� G� / '� / / , / N49'19'55'T / `// 1.58' `f?/ 00 rN44.57'03"W ` , / PREPARED FOR 2208' ' .°o• OPUS NW, LL C. / / O 1500 SW FIRST AVENUE 1100 \ / POR7IAND, OR 977 201 PREPARED 8Y P.O.B. KCD LLC • /5/8' IRON ROD W/YPC 2407 NE 292ND AVENUE !CC DEVELOPMENT" CAMAS. WA 98607 • F-2-1 . ::ODMA\PC DOCS\PORTLAN D\553754\8 • vic • • I . EXHIBIT G-1 Public Utility Easement n. °'` 2407 NE 292nd Avenue / , Camas, WA 98607 •...L_,:i 360.834.2519 fax.834.5498 DEVELOPMENT chalcumbCElverizon.net -.A CERTIFIED WEE- PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Fenno Creek Place Public Utility Easement Legal Description April 10, 2007 A portion of that tract of land described in deed to Opus Northwest L.L.C., recorded in Document Number 2006-128779, Washington County Deed Records; being also a portion of Lot 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Northeast 1/4 of Section 13,Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8"Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Centerline of vacated Fanno Creek Place with the Northwesterly Right of Way line of S.W. Upper Boones Ferry Road, a 60.00-foot wide public roadway; thence along the Centerline of said Fanno Creek Place, N44°57'03"W, 22.06 feet to the True Point of Beginning; thence along said Centerline, N44°57'03"W, 8.02 feet; thence leaving said line, along a line parallel with and 30.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line, N49°19'55"E, 22.14 feet to an angle point; thence continuing along said parallel line, N48°41'42"E, 504.34 feet to the Northeasterly line of that tract of land described In deed to Opus Northwest L.L.C., recorded In Document Number 2006-128779, said Records; thence along said line, S42°36'45"E, 8.00 feet; thence leaving said line, along a line parallel with and 22.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line, S48°41'42"W, 504.56 feet to an angle point; thence continuing along said parallel line,S49°19'55`W, 21.58 feet to the True Point of Beginning. Containing 4,210 Square Feet. The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. CI-1-1 ::ODMA\PCDOCS\PORTLAND\553754\8 • • EXHIBIT G2 Public Utility Easement L) FANNO CREEK PLACE a 0 Z PUBLIC UTILITY EASEMENT EASEMENT 1"=100' APRIL 10, 2007 ' . I I I I / PARCEL 2 / / S42:36'451 8 D.' PARCEL 1 l�l 22.0' ,' 111p1S\ l 111 J o . il PARCEL 3 . pt".0 • • 011 \ 470;1)4% .al• iii ^ IY/N 9��\Gkyp 4.210 SF ll l 0'11° l i' t� \\ \ 11 111 , C" N49'1955 E\ 11j1l �/ 22.14' \ 111 N44 57'03"W, �\ 111' `ro. 8.02' \ `. d�l /JO. T.P.O.B.---%-Z.' S4919'55" N44 57'03"W / 21/8' PREPARED FOR: 22.06' P.o.B. OPUS NW, LLC. / 5/8" IRON ROD W/YPC 1500 SW FIRST AVENUE �110L "KC DEVELOPMENT PORTLAND. OR 97201 1 PREPARED'BY- / / KCD LLC / ' - 2407 NE 292ND AVENUE / CAMAS. WA 98607• G-2-1 ::ODMA\PCDOCS\PORTLAND\553754\8 Vir • • EXHIBIT H Use Restrictions The following uses shall be prohibited,as either primary or accessory uses,whether or not the same are permitted by the underlying zoning:automobile sales or leasing,automobile repair or body shop, adult establishment, adult motion picture theater,adult novelty business or bookstore,amusement device establishment,cabinet,electrical,heating,plumbing, upholstery or air conditioning sales or service shop, fix-it shop,liquor store,open sales lot,pawn shop,drive- thru restaurant, warehouse,taxi terminal,tattoo parlor,currency exchange or tobacco shop. H-1 ::ODMA\PCDOCS\PORTLAND\553754\8 • . WashIngtt nty,Oregon 2007-097342 09/0712007 10:06:57 AM D•R/B Cnt=1 Stn•22 I REED $25.00$5.00$11.00•Total a$41.00 After Recording the Owner/Applicant Shall Send a Copy To: 11111111111113111111111111111111111111 City of Tigard i 01162789200700973420050054 Attu: Cheryl Caines I,Richard HObemleht,Director orA mantand Taxation and Ex-Officio County Clerk for Washington 13125 SW Hall Blvd. y county,o ' ty, regon,do hereby nrtlfy that the within Instrument of writing wu received and re orded In the' Tigard,OR 97223 book of records of said cou Richard Hobemlcht,Director of Aeeeesmsnt end ' t v,,, File No.:DR2006-10002 Taxation,Ex• faclo County Clerk 1 TREE RESTRICTIVE COVENANT DEED RESTRICTION Declarant is the owner of property known as Fanno Creek Place, as described in the Declaration of Reciprocal Easements, Covenants, Conditions and Restrictions for Fanno Creek Place dated July 20,2007,and recorded as Document No. 2007-081680,Washington County Book of Records. Declarant has preserved or retained trees over and across portions of said property in accordance with the Conditions of Approval of Fanno Creek Place. Any such preserved or retained tree with a diameter of greater than 12 inches may be removed only if the tree dies or is hazardous• according to a certified arborist. This deed restriction may be removed or will be considered invalid r if all trees preserved in accordance with this document should either die or be removed as ohazardous. THIS AGREEMENT shall be deemed a Covenant running with the land and is binding upon the owners of property described on the attached Exhibit A in Tigard, Washington County, Oregon,and their successors and assigns. IN WITNESS THEREOF,the Declarant has executed this agreement on that date and year set forth below. DECLARANT: OPUS NORTHWEST, L.L.C., a Delaware V . limited liability company By: A,1 4:46 Cci-, -2 z Ti . ,.,- pr. .-General Manager TO— EJ E §Z Q � EL Q V if • • r • STATE OF OREGON,COUNTY OF WASHINGTON This instrument was acknowledged before me bar 3a-r4"4-1 (, as Vice President of Opus Northwest, L.L.C., a Delaware limited liability company, on behalf of the limited liability company. 20A/ta_liceA_-- 107 . / 3. 0V NOTARY PUBLIC—OREGON Date My Commission Expires s OFFICIAL SEAL KRISTI GALLACHER ;o - NOTARY PUBLIC-OREGON COMMISSION NO.387642 MY COMMISSION EXPIRES DEC.13,2008 • • 2 IC e ‘ • EXHIBIT A 2407 NE 292rd Avenue .-)', Camas, WA 98607 `Y..,, 1' ' 360.834.2519 .:., fax.834.5498 DEVELOPMENT chalcumbaverizon.net v A CERTIFIED WOE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE- Pa rcel I Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Southeast Y4 of Section 12, and in the Northeast 'k of Section 13, Township 2 South, Range 1 West, Willamette Meridian, In the City of Tigard, County of Washington, and State of Oregon, being more particularly ' described as follows: Beginning at a point on the Northeasterly Ilne of that Tract of Land described In deed, recorded in Document Number 91063372, Washington County Deed Records, which bears S 42°36'45"E, 67.92 feet from the Northeast Corner thereof; said point of beginning is N89°30'44"E, 348.37 feet, S00°27'53"E, 217.58 feet, N89°34'55"E, 57.94 feet and 542°36'45"E, 67.92 feet from the 5/B"Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along the Northeasterly line of said Tract of Land described in deed, recorded in Document Number 91063372; S42°36'45"E, 113.02 feet; thence leaving said line, along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42°W, 65.58 feet; thence leaving said line, N43°31'02"W, 13.82 feet; thence S46°28'58"W, 52.20 feet; thence N43°28'12"W, 24.76 feet; thence S48°00'29"W,42.92 feet; thence N43°27'21"W, 142.05 feet; thence N17°04'15"E, 102.71 feet; thence S72°55'45"E, 139.68 feet; thence N47°23'22"E, 4.17 feet to the point of beginning. Containing 28,340 Square Feet (0.651 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. I • B _ _ • • • i 2407 NE 292"0 Avenue • Camas, WA 98607 360.834.2519 -'' "` fax.834.5498 DEVELOPMENT chalcumb everfzon.net A CERTIFIED WEE v PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE Parcel 2 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record In Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast 16 of Section 12, and in the Northeast of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington,and State of Oregon, being more particularly described as follows: Beginning at the 5/8"Iron Rod with a yellow plastic cap inscribed"KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fenno Creek Acre Tracts,with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along the North line of said Lot 35 and the Westerly Extension thereof, N89°30'44"E, 348.37 feet to the Northeast Corner of said Lot 35; thence along the East line of said Lot 35, S00°27'53"E, 217.58 feet to the Northwest Corner of that Tract of Land described in deed, recorded In Document Number 91063372; thence along the North line of said Tract of Land, N89°34'5S"E, 57.94 feet to the Northeast Corner thereof; thence along the Northeasterly line of said Tract of Land, S42°36'45"E, 67.92 feet; thence leaving said line, S47°23'22"W, 4.17 feet; thence N72°55'45"W, 139.68 feet; thence S17°07'15"W, 102.71 feet; thence S71°25'40"W, 74.00 feet; thence N72°55'45"W, 43.10 feet; thence 564°23'17"W, 9.62 feet; thence N72°55'45"W, 109.69 feet; thence S17°04'15"W, 36.64 feet; thence N72°55'45"W, 124.50 feet; thence N17°04'15"E, 111.56 feet; thence N72°55'45"W, 10.32 feet to the Easterly Right of Way line of the S P& S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 7°54'02" (Chord bears N12°47'31"E, 200.84 feet) a distance of 201.00 feet to the point of beginning. - Containing 124,274 Square Feet(2.853 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. 2 463. r d • ;;• 2407 NE 292nd Avenue ! Camas, WA 98607 is 360.834.2519 fax.834.5498 DEVELOPMENT chalcumbCa verizan.net -•A CERTIFIED WOE- PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Parcel 3 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast 14 of Section 12,and In the Northeast 1/• of Section 13, Township 2 South, Range 1 West, Willamette Meridian, In the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at a point on the Easterly Right of Way line of the S P&S Railroad Right of Way which bears S12°47'31°W, 200.84 feet from the 5/8" Iron Rod with a yellow plastic cap Inscribed °KC Development" marking the Intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with said Easterly Railroad Right of Way line; thence leaving said Right of Way line, S72°55'45"E, 10.32 feet; thence 517°04'15"W, 111.56 feet; thence S72°55'45"E, 124.50 feet; thence N17°04'15"E, 36.64 feet; thence S72°55'45"E, 109.69 feet; N64°23'17"E, 9.62 feet; thence 572°55'45"E, 43.10 feet; thence N71°25'40"E, 74.00 feet; thence S43°27'21"E, 142.05 feet; thence N48°00'29"E, 42.92 feet; thence S43°28'12"E, 24.76 feet; thene N46°28'58"E, 52.20 feet; thence S43°31'02"E, 13.82 feet; thence along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42°W, 438.99 feet; thence continuing along said parallel line, S49°19'55°W, 21.58 feet to the Centerline of Vacated S.W. Fanno Creek Place; thence along said line, N44°57'03"W, 381.99 feet to the Easterly Right of Way line of the S P&S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 9°39'32" (Chord bears N21°34'18"E, 245.45 feet) a distance of 245.74 feet to the point of beginning. Containing 124,220 Square Feet(2.852 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. 3 f i • (wa On county,Oregon 2007-099530 09/ l7 10:21:10 AM DRIB Crd=1 t3trt=16 D HOFFMAN $25.00$5.00$11.00-Total o$41.00 1111111111 11 III I I I II I I I III III After Recording the Owner/Applicant Shall Send a Copy To: � 01165256200700885300050058 City of Tigard • I,Richard Hobemlcht,Director of A ment and ,rase F Taxation and Ex-Officio County Clerk for Washington Attn: Cheryl Caines county, g certify Cou Oregon,do here cart that the within 13125 SW Hall Blvd. Instrument of wetting was received a d re grist In the book of records of said sou Tigard,OR 97223 � RichardHobemisht,Din or me� ,d ;=a3;%.0+'"' Taxation,Ex-Officio County Clerk File No.:SDR2006-10002 25 • • I - TREE RESTRICTIVE COVENANT DEED RESTRICTION [This document is a re-recording of the Tree Restrictive Covenant recorded as Document No.2007-097342. The sole purpose of this re-recording is to correct the City of Tigard File No.found under the address above.] Declarant is the owner of property known as Fanno Creek Place, as described in the Declaration of Reciprocal Easements, Covenants, Conditions and Restrictions for Fanno Creek Place dated July 20, 2007, and recorded as Document No. 2007-081680, Washington County Book of Records. M Declarant has preserved or retained trees over and across portions of said property in accordance with the Conditions of Approval of Fanno Creek Place. Any such preserved or retained tree with a diameter of greater than 12 inches may be removed only if the tree dies or is hazardous $ according to a certified arborist. This deed restriction may be removed or will be considered invalid if all trees preserved in accordance with this document should either die or be removed as hazardous. .4' THIS AGREEMENT shall be deemed a Covenant running with the land and is binding upon the owners of property described on the attached Exhibit A in Tigard, Washington County, Oregon,and their successors and assigns. [Signature follows on next page.] • .2 z• a= EJ $ mE c 5C —E 1 E cc • ' O S • IN WITNESS THEREOF,the Declarant has executed this agreement on that date and year set forth below. DECLARANT: OPUS NORTHWEST, L.L.C., a Delaware limited liability company •By: 'g?.� ., t'._ ' ..., .i - I -4 Tid:4' �' STATE OF OREGON,COUNTY OF WASHINGTON This instrument was acknowledged before me b J -r �a''��L, as Vice President of Opus Northwest, L.L.C., a Delaware limited liability company, on behalf of the limited liability company. 6Clit - l Z. /3 .0V NOTARY PUBLIC-OREGON Date My Commission Expires OFFICIAL SEAL NRISTI PUBUC-OREGON COMMISSION NO.387642 MY COMMISSION EXPIRES DEC.13,2008 2 rd EXHIBIT A I< 2407 NE 292ad Avenue Camas, WA 98607 360.834.2519 fax.834.5498 DEVELOPMENT chalcumbaverIzon.net -A CERTIFIED WBE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EYCELLENCE_ Parcel 1 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County,situated in the Southeast V. of Section 12, and in the Northeast 1/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at a point on the Northeasterly line of that Tract of Land described in deed, recorded In Document Number 91063372, Washington County Deed Records, which bears S 42°36145"E, 67.92 feet from the Northeast Corner thereof; said point of beginning is N89°30'44"E, 348.37 feet, S00°27'53"E, 217.58 feet, N89°34'55"E, 57.94 feet and S42°36'45"E, 67.92 feet from the 5/8"Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along the Northeasterly line of said Tract of Land described in deed, recorded in Document Number 91063372; S42°36'45"E, 113.02 feet; thence leaving said line, along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, 548°41'42"W, 65.58 feet; thence leaving said line, N43°31'02"W, 13.82 feet; thence S46°28'58"W, 52.20 feet; thence N43°28'12"W, 24.76 feet; thence S48°00'29"W, 42.92 feet; thence N43°27'21"W, 142.05 feet; thence N17°04'15"E, 102.71 feet; thence S72°55'45"E, 139.68 feet; thence N47°23'22"E, 4.17 feet to the point of beginning. Containing 28,340 Square Feet(0.651 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. • 1 '" B .4i �� 2407 NE 292nd Avenue .;,,. Camas, WA 98607 i 360.834.2519 fax.834.5498 DEVELOPMENT chalcumbaverfzon.net A CERTIFIED WEE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT ro EXCELLENCE" Parcel 2 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record In Washington County, together with a portion of that vacated right of way In Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast 14 of Section 12, and in the Northeast IA of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8"Iron Rod with a yellow plastic cap inscribed"KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts,with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along the North line of said Lot 35 and the Westerly Extension thereof, N89°30'44"E, 348.37 feet to the Northeast Corner of said Lot 35; thence along the East line of said Lot 35, S00°27'53"E, 217.58 feet to the Northwest Corner of that Tract of Land described in deed, recorded In Document Number 91063372; thence along the North line of said Tract of Land, N89°34'55"E, 57.94 feet to the Northeast Corner thereof; thence along the Northeasterly line of said Tract of Land, S42°36'45"E, 67.92 feet; thence leaving said line, S47°23'22"W, 4.17 feet; thence N72°55'45"W, 139.68 feet; thence S17°07'15"W, 102.71 feet; thence S71°25'40"W, 74.00 feet; thence N72°55'45"W, 43.10 feet; thence S64°23'17"W, 9.62 feet; thence N72°55'45"W, 109.69 feet; thence 517°04'15"W, 36.64 feet; thence N72°55'45"W, 124.50 feet; thence N17°04'15"E, 111.56 feet; thence N72°55'45"W, 10.32 feet to the Easterly Right of Way line of the S P& S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 7°54'02" (Chord bears N12°47'31"E, 200.84 feet) a distance of 201:00 feet to the point of beginning. Containing 124,274 Square Feet(2.853 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. 2 1j • X . ,.i,,`, 2407 NE 292°0 Avenue ,; Camas, WA 98607 :"! 360.834.2519 �, fax.834.5498 DEVELOPMENT phalcumb(a)verizon.net -A CERTIFIED WOE- PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Parcel 3 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast '/a of Section 12, and in the Northeast 'A of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at a point on the Easterly Right of Way line of the S P&S Railroad Right of Way which bears S12°47'31"W, 200.84 feet from the 5/8" Iron Rod with a yellow plastic cap inscribed "KC Development" marking the Intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with said Easterly Railroad Right of Way line; thence leaving said Right of Way line, S72°55'45"E, 10.32 feet; thence S17°04'15°W, 111.56 feet; thence S72°55'45°E, 124.50 feet; thence N17°04'15"E, 36.64 feet; thence S72°55'45"E, 109.69 feet; N64°23'17"E, 9.62 feet; thence S72°55'45"E, 43.10 feet; thence N71°25'40"E, 74.00 feet; thence S43°27'21"E, 142.05 feet; thence N48°00'29"E, 42.92 feet; thence S43°28'12"E, 24.76 feet; thene N46°28'58"E, 52.20 feet; thence 543°31'02"E, 13.82 feet; thence along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42'W, 438.99 feet; thence continuing along said parallel line, S49°19'55"W, 21.58 feet to the Centerline of Vacated S.W. Fanno Creek Place; thence along said line, N44°57'03"W, 381.99 feet to the Easterly Right of Way line of the S P &S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 9°39'32" (Chord bears N21°34'18"E, 245.45 feet) a distance of 245.74 feet to the point of beginning. Containing 124,220 Square Feet(2.852 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. 3 • /!R a r 9 L l, 'BYT,Yf$K/»fra4rs:rw..fw4ara6s,moist.; /NW 4 le r✓GAtc4 RfjaF• -A .'Ay..:y4!4.A.i.+ila"ss/arJ• .f/i.a=/1/L r r s y ,:e f i l e,,9 L.L t r--r m Awe N r.0.0 T,41.4.9A..0'.* ' GAArf A'Atrisor/.b;-oa/.err.,of 1.11:71./J/Mxyrsf/e,AG/10,1DwAr.w wz/Y/i d Arita*rN i.vi4orme.c vyr lD445a>n oalAyayNOsncom Air MAP.OF .r.c•msarty/rob AM rnarmepW Jane,name.,.,se net.en o Loam Th,rzs., *i s f rye a.yo,. 77e,a .pnoMe/n 4 oAd.n/frAnA actor Convey,.Ad•41Ciosjaw Amens meerpnweicuiebey 646 F.gNNO CREEf1 ACRE TR'AC'TS- s r /S.A.'.w_3 and-Arra•.ay o,nwenew 4enenneie a mmenesy.mm.ses • A.,.OA"r/md navrper/icoKa•//..o6nosraikise osloOa.7'2u.' . /N SECS/2 E/3,T04YNSH/P 2 SOUTH RANGE/PVEST, n /l< es stamen,w the#,sm oL,mmAr, .s.,. s/Y-s* /W.— . sA}.p rad/aryr vb.maie'-/}A--Afs�S•ery...6.,44 ezrari4, f•YY.95h'/NGTON. COUNTY, OREGON /Y• s"Ave Ja opet.e"°A, °"tee../,9A. 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Westt County,Oregon 2006-003844 01!11/2006 03:16:16 PM D�II Crri2 Single Co HOFFMAN $65.00$5.00$11.00$11.00$20.00•Total•$107.00 III I11111 i III llllili III I I I U III1IIIII1IIHI 008 95539200800038440130136 I,Jerry Manson,Director of Assessment and Tuition and Em•Offtclo County Clerk for Washington County, A� Oregon,do hereby certify that the within Instrument of 1,•' ::.r� wetting was received end{{eecorded In era boob of r R vS records of said county. y ,.,,. yy^ , Jerry R.Henson,Director ssusment and Taxation, rhiys�' Ex• frlele County Clerk • 0 1110 , ',0 / , Lo\ �cj 10/17/2003 03:u s4 PIA 0 2005-128841 M alm a sera I RU D 411) X O 00.00 WOO$1.00$11.00$20.00-Total•$02... After?ecording Return To: IIIIilhII I IE III NATIONPOINT ' 000519 01288410100102 I,Jerry Hama 01n-• Awgweat end Tusrq.n •�, C/0 o SECURITY CONNECTIONS end es�onkr. . - ter Washington e.unpr, l 3 1935 INTERNATIONAL WAY Or.gorti d. e.rory tart Ow aged"Ins/went d/..! wiling ws.dr .. s.d.nt In .bo*err r IDAHO FALLS,ID 83402 words aid carer. �� "�1]:�`�, ' It Hansen otreet.rSli t esrnont TWgon, -4.•;,:.;!..' bOntsl.County Clerk Q ,o 7141 s bocUMElJT IS 435! VLF 4- P 'bF DEb To 1FAD PU A QtDCR i Above �n.For ««amp Data] V�6AS1� ve ca --L k DEED OF TRUSTS a�SJt �g a THIS DEED OF TRUST is made this 14th day of October 2005 , among the Grantor, RHONDA L BROWN (herein"Borrower"),LAWYERS TITLE INSURANCE CORPORATION (herein"trustee"),and the Beneficiary, NATIONPOINT A DIVISION OF NAT CITY BANK OF IN a corporation organized and existing under the laws of United States of America ,whose address is 2150 NORTH FIRST STREET,SAN JOSE,California 95131 (herein"Lender"). BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee,in trust,with power of sale,the following described property located in the County of WASHINGTON ,State of Oregon: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT A which has the address of 16971 SW FLORENCE . (sued] BEAVERTON ,Oregon 9 0771 (herein"Property Address"). TOGETHER with all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances and rents(subject however to the rights and authorities given herein to Lender to collect and apply such rents),.all of which shall be deemed to be and remain a part of the property covered by.this Deed of Trust;and all of the foregoing,together with said property(or the leasehold estate if this Deed of Trust is on a leasehold)are hereinafter referred to as the'Property." OREGON SECOND MORTGAGE DEED OF TRUST d0pp�98829 fefiEJRLAHt)■ ITFar.d.u+(0107) MFOR3118 (Page 1 of 7 pages) To adr Ilk"=ebi oaao-a3sa 0 Fix elam-t t1 1111111111 lilt I I II 1111111 III TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated October 14,2005 and extensions and renewals thereof(herein`Note"),in the principal sum of U.S.$33,650.00 ,with interest thereon,providing for monthly installments of principal and interest, with the balance of the indebtedness,if not sooner paid,due and payable on November 01,2025 ;the payment of all other sums,with interest thereon,advanced in accordance herewith to protect the security of this Deed of Trust;and the performance of the covenants and agreements of Borrower herein contained. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to encumbrances of record. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Prindpal and Interest.Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance.Subject to applicable law or a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note,until the Note is paid in full,a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments,if any)which may attain priority over this Deed of Trust and ground rents on the Property,if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance,if any,all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender,the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency(including Lender if Lender is such an institution).Lender shall apply the Funds to pay said taxes, assessments,insurance premiums and ground rents.Lender may not charge for so holding and applying the Funds,analyzing said account or verifying and compiling said assessments and bills,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower,and unless such agreement is made or applicable law requires such interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender,together with the future monthly installments of Funds payable prior to the due dates of taxes,assessments, insurance premiums and ground rents,shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds.If the amount of the Funds held by Lender shall not be sufficient to pay taxes,assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Deed of Trust,Lender shall promptly refund to Borrower any Funds held by Lender.If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender,Lender shall apply,no later than immediately prior to the sale of the Property or its acquisition by Lender,any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 3. Application or Payments.Unless applicable law provides otherwise,all payments received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof,then to interest payable on the Note,and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due.Borrower shall pay or cause to be paid all taxes,assessments and other charges,fines and impositions attributable to the Property which may attain a priority over this Deed of Trust,and leasehold payments or ground rents,if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and such other hazards as Leader may require and in such amounts and for such periods as Lender may require. OREGON SECOND MORTGAGE DEED OF TRUST �ppp�ggg onEATLAND■ ITEM emu(0107)MFOR3116 (Page 2 of 7 pages) Too,i r t 12-oo 63a43s3[]h=e16.791.1131 • • IIllIII IIIIIIIIIIlIIIIIII Iii 2008-128541 The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender;provided,that such approval shall not be unreasonably withheld.All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof,subject to the terms of any mortgage,deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of • loss if not made promptly by Borrower. If the Property is abandoned by Borrower,or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits,Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums;Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold.If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development,the by-laws and regulations of the condominium or planned unit development,and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust,or if any action or proceeding is commenced which materially affects Lender's interest in the Property,then Lender,at Lender's option,upon notice to Borrower,may make such appearances,disburse such sums,including reasonable attorneys' fees,and take such action as is necessary to protect Lender's interest.If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon,at the Note rate,shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of the Property,or part thereof,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender,subject to the terms of any mortgage,deed of trust or other security agreement with a lien which has priority over this Deed of Trust. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the nuns secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest.Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy hereunder,or otherwise afforded by applicable law,shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound;Joint and Several Liability;Co-signers.The covenants and agreements herein contained shall bind,and the rights hereunder shall inure to,the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof.All covenants and agreements of Borrower shall be joint and several.Any Borrower who co-signs this Deed of Trust,but does not execute the Note,(a)is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust,(b)is not personally liable on the Note or under this Deed of Trust,and(c)agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as OREGON SECOND MORTGAGE DEED OF TRUST OREATLAHD■ Ew rT 46610(0101)MFOR3116 (Page 3 of?Pages) To a i as9o-aal o r x seam-rust • • • • iiiiJLiJiIJ1IIiIIItIiI iii • provided herein,and(b)any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law;Severabi ity.The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located.The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust.In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs,""expenses"and"attorneys'fees"include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy.Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement.Borrower shall fulfill all of Bor rower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender,an assignment of any rights,claims or defenses which Borrower may have against parties who supply labor,materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Deed of Trust.However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed of Trust. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof; upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust,including the covenants to pay when due any sums secured by this Deed of Trust,Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof spedtying: (1)the breath;(2)the action required to cure such breath;(3)a date,not less than 10 days from the date the notice Is mailed to Borrower,by which such breach must be cured;and(4)that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property.The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonadstence of a default or any other defense of Borrower to acceleration and sale. If the breath Is not cured on or before the date specified In the notice,Lender,at Lender's option,may declare all of the sums secured by this Deed of Trust to be Immediately due and payable without further demand and may Invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses Incurred In pursuing the remedies provided In this paragraph 17,Including,but not limited to,reasonable attorneys'fees. If Lender Invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to came the Property to be sold and shall cause such notice to be recorded In each county in which the Property or some part thereof is located Lender or Trustee shall give notice of sale In the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law,Trustee, without demand on Borrower,shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale In one or more parcels and In such order as Trustee may determine. Trustee may postpone sale of'all or any parcel of the Property by public announcement at the time and p lace of any previously scheduled sale.Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty,expressed or Implied.The recitals In the Trustee's deed shall be prima fade evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale In the following order:(a)to all reasonable costs and expenses of the sale, Including,but not limited to,reasonable Trustee's and attorneys' fees and costs of title OREGON SECOND MORTGAGE DEED OF TRUST gQpQQg$62g GREAT ANO• ITEM 4661U(0107) MFOR3116 (Page 4 of 7 pages) To pct 1-5O0e630 si53 0 Fax 616791-1131 - - — _ • • • tIIIIIllIIIIIIllIllhIIIlIIII 2006-128841 evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess,if any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinstate.Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust due to Borrower's breach,Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of(i)the fifth day before sale of the Property pursuant to the power of sale contained in this Deed of Trust or(ii)entry of a judgment enforcing this Deed of Trust if:(a)Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occu red;(b)Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust;(c)Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys'fees;and(d)Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust,Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired.Upon such payment and cure by Borrower,this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property,provided that Borrower shall,prior to acceleration under paragraph 17 hereof or abandonment of the Property,have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property including those past due.All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents,including,but not limited to,receiver's fees,premiums on receiver's bonds and reasonable attorneys' fees,and then to the sums secured by this Deed of Trust.Lender and the receiver shall be liable to account only for those rents actually received. 20. Reconveyance.Upon payment of all sums secured by this Deed of Trust,Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee.Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto.Such person or persons shall pay all costs of recordation,if any. 21. Substitute Trustee. In accordance with applicable law, Lender may, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder.Without conveyance of the Property,the successor trustee shall succeed to all the title,power and duties conferred upon the Trustee herein and by applicable law. 22. Use of Property.The Property is not currently used for agricultural,timber or grazing purposes. 23. Attorneys'Fees.As used in this Deed of Trust and in the Note,"attorneys'fees"shall include attorneys' fees,if any,which shall be awarded by an appellate court REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Deed of Trust to give Notice to Lender,at Lender's address set forth on page one of this Deed of Trust,of any default under the superior encumbrance and of any sale or other foreclosure action. OREGON SECOND MORTGAGE DEED OF TRUST oaEw7U•10• (TEM 406115(0107)mpoR3116 (Page 5 of 7 pages) To Order w.1 0 we 616-79.1131 IIIIIIIIIIIIIIIIIIIIIIII•I•III 2006-128841 WARNING Unless you provide us with evidence of the insurance coverage as required by our contract or loan agreement,we may purchase insurance at your expense to protect our interest.This insurance may,but need not, also protect your interest.If the collateral becomes damaged,the coverage we purchase may not pay any claim you make or any claim made against you. You may later cancel this coverage by providing evidence that you have obtained property coverage elsewhere. You are responsible for the cost of any insurance purchased by us.The cost of this insurance may be added to your contract or loan balance. If the cost is added to your contract or loan balance, the interest rate on the underlying contract or loan will apply to this added amount.The effective date of coverage may be the date your prior coverage lapsed or the date you failed to provide proof of coverage. The coverage we purchase may be considerably more expensive than insurance you can obtain on your own and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by Applicable Law. IN WITNESS WHEREOF,Borrower has executed and acknowledges receipt of pages 1 through 7 of this Deed of Trust. "P__A'1C.dQ.,�l• (Seal) (Seal) HONDA L.BROWN -Borrows - (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Witness: Witness: OREGON SECOND MORTGAGE DEED OF TRUST 4000498829 OREATLAND• 11EM 460115(0107) MFOR3116 (Page 6 of 7 pages) To Order Cm 1-$004X-0393 0 Fax•6791-1131 • • Oflh11IflnLuhffII 200e-128941 State Ort3gort� County of c This instrument was acknowledged before me on ®Q7adez. /7 o?GO . (date)by RHONDA L. BROWN [s]acknowledging). / / r:? . OFFICIAL SEAL c.,-47 BONNIE I.HAtABLETON Notary Public for Oregon NOptM MISSION Na 97EGO MY COMMISSION EXPIRES JULY 9,2007 My commission expires: )7-Q12.Q, REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes,together with all other indebtedness secured by the Deed of Trust,have been paid in full.You are hereby directed to cancel said note or notes, and this Deed of Trust,which are delivered hereby,and to reconvey,without warranty,all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Date: • OREGON SECOND MORTGAGE DEED OF TRUST 40004a8291.4016304393 CIREAT J" • ITEM 4e5117(0107)MFOR3118 (Page 7 of 7 pager) To ardor 0 Fax 616.791.1131 •• IIIIIIIIIIllhIIIFIIIIIIIIll • 2006-125841 National City® BALLOON RIDER TO MORTGAGE,DEED OF TRUST OR SECURITY DEED NATIONPOINT Date: October 14,2005 • 1.BORROWER(S):RHONDA L.BROWN Property Address:16971 SW FLORENCE BEAVERTON,OR 97007 2. DEFINED TERMS; RIDER A PART OF THE SECURITY INSTRUMENT. 'Rider means this Balloon Rider to Mortgage. Deed of Trust or Security Deed which Is attached to, made a part of and amends and supplements the Mortgage, Deed of Trust or Security Deed ('Security Instrument') which Borrower(s) gave to NATIONPOINT A DIVISION OF NAT.CITY BANK OF IN ('Ihe Lender)and which is dated the same date as this Rider. The Security instrument secures the Note and Security Agreement('Note')and covers the property described therein located at the address set forth above. The term'the Lender includes Lenders successors and assign. In the event there are any conflicts between this Rider and the Security Instrument or the Note,the provisions of the Rider win control. 3. BALLOON NOTE. The final payment due under the Note Is larger than the previous monthly payments. The final payment includes a substantial payment of principal. The Note is commonly called a'balloon note.' 4. BALLOON NOTE AGREEMENT. Borrower(s)understand and agree as follows: THIS LOAN IS PAYABLE IN FULL ON THE MATURITY DATE SET FORTH IN THE SECURITY INSTRUMENT. THE BORROWER MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN,UNPAID INTEREST AND OTHER SUMS THEN DUE. 5. SIGNATURES. BORROWER HAS READ AND AGREES TO ALL PROVISIONS OF THIS RIDER. °S?Mani cxrcomQ•ron MFCD6049 4000498829 • • • • . • 1111111 It 11111UIIIIIIll nee-new BY SIGNING BELOW.Borrower accepts and agrees b The terms and covenants contained in pages 1 and 2 of this Balloon Rider. RHONDA L.BROWN X /N! Type or print name / _ Signaturre X Type or print name Signature • X Type or print name Signature • X Type or print name Signature X Type or print name Signature X Type or print name Signature •2001 mweomm Clef Corporsicn MFCD6049 4000498829 FF013912 • • • Order No. 89g0002638 w HI IIllhI EXHIBIT A -'�°' Legal Description • Lot 3, MILKA PARK, in the County of Wiashington and State of Oregon. TOGETHER WITH an undivided interest in Tract NA". • • . • • • �550R�1^�: -_ I. Jerry R. Hanson, Director of Assessment and . '/p`�'` . Co Taxation and Ex Offao County Clerk for ra< Washington County,do hereby certify this to be a . \\IU%;• ; e and correct copy of the original. .'•.4.1.,....::__,--,..-;!:,:::: Al '4!fitDate: ,YVUCIS-c-NhoA Z'a, ZCYJ� ::T;ii Title a�v` C �l 0 . • • PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 14th day of October 2005 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the"Security Instrument")of the same date, given by the undersigned(the"Borrower")to secure Borrower's Note to NATIONPOINT A DIVISION OF NAT.CITY BANK OF IN (the"Lender")of the same date and covering the Property described in the Security Instrument and located at: 16971 SW FLORENCE BEAVERTON, OR 97007 (Properly Address) The Property includes,but is not limited to,a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities,as described in the Declaration of Covenants, Conditions, and Restrictions (the"Declaration").The Property is a part of a planned unit development known as MILKA PARK (Name of Planned Unit Developiu ni) (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD(the"Owners Association")and the uses,benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations.Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation,trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for Uic penods, and against loss by fire, hazards included within the term "extended coverage,"and any other hazards,including,but not limited to,earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and(ii)Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. MULTISTATE PUD RIDER—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 31501/01 4000498829 MEN 16221.1(0011) MFCD2063 (Page 1 oft pages) i C 1-iab530-9397CIht61�m�3 a • • In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument,whether or not then due,with the excess, if any,paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form,amount,and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential.payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD,or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Secunty Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior wntten consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD,except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents"if the provision is for the express benefit of Lender; (iii)termination of professional management and assumption of self-management of the Owners Association;or(iv) any action which would have the effect of rendenng the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due,then Lender may pay them.Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument.Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terns and provisions contained in pages 1 and 2 of this PUD Rider. �_. - Arm •L� ..- (Seal) (Seal) HONDA L. BROWN -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) . -Borrower -Borrower MULTISTATE PUD RIDER—Single Family—Fannie Mae/Freddle Mae UNIFORM INSTRUMENT Form 31$01101 4000498829 rm.i5V21ooni MFCD2063 (Page 2of2pages) ToOMor Cot r•800-5m93930F r-791-iii31 .<71:TYf'..t CF... . ..-. —' -- _-rte. —�_—._—`'— __..{. ♦ '. _ mil'- '.�n•w'N,.�.:.. - :.'cam:, : 7 1 1 • MC 91063372 � rr 6 • !S A ArC° Washington u"4,ku,.5:`0 y ' fi'STATUTORY WARRANTY DEED • •F-:.r; • WA PETROLEUM AND WELDING SUPPLY, INC.. an Orerton corporation now known as WATT `�1-.k-• ;wi Fi:l E DING SUPPLY, INC., an Oretron corporatinn „Grantor s:�;,,, conveys and warrcnls to RICHARD D. AKERMAN AND JAMES E. WATHEY. AS TENANTS IN COILMON i;r f; ,Grantee, _1yL . I- ; the following described real property free of liens and encumbrances,except as specifically set forth herein: ;ia`+� :;• I SEE ATTACHED EXHIBIT "As '0'+=?_; •n:• -;'� •,, �"' IttsmODO al •t _ ',D first Ammon Tille Insurance Empty ci Ote>� ^ • 2� Na. txj24 9 `. `; Thb property is free of lieru and encumbrances,EXCEPT:S tutu for '`' • y power_ and assessments ,of Unified ':::,a,-,u.' \,.: . Sewerage Agency. :;N� r THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN .;?4•`•'~ . VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS,BEFORE SIGNING OR ACCEPTING ".-::.%M-.' THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH `-• 1 THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. The true consideration for this cone yanrR is s 285.000.00 (Here comply the requirements of ORS 93 030) / ..a •sii.. - Dated this /3 day of November 191. - ,A �, 1 ! WATT PETROLEUM AND WELDING SUPPLY, INC. ._li`��• r1, : WEN .- A •LE --7- 'EHO r+ R-- , 1 STATE OF OR:GO County of MULTNOMAR _}ss• On rhls L3_day of November ,19 91 ,before me appeared STEVEN E. WATT and both to me personally ';�... browrti who behtg dul rn,did say that he,the said STEVEN E. WATT lr the _ en and he,the said irJa "'-'''?` ' Secretary aj WATT PETROLEUM AND WELDING SUPP LY. INC, the wi(lrbi'iIp1,*ed,�`bin,annd that the seal affixed to said instrument it the corporate seal of said Corporation,annd that: s�ymd'L'isewj signed and sealed k behalf of said Corporation by authority of its Board of Directors,and S rf W and aclarrowledge •safd7rutlriment to b Ljact and deed of said Corporation `'�?c IN, ES7rlri'fOl�y! R.EOF,I hove hereunto set my hand and affixed my official seal the day and year last above .:::ii: d No Public for Oregon. My Commission expires 11� j Title Order No. 705219 ' .; a Escrow No. 9111034 THIS SPACE RESERVED FOR RECORDER'S USE .-.-Y,:....". \ Alter recording return to: �..4 R'_CHARD AKERHAN r`� - twASHINGTON COUNTY :,: 7,1 . C/O NORTHWEST LANDSCAPE 16075 S.W. ,,?<-..7-`,..1‘,n: REAL PROPERTY TRANSFER TAX `:, TIAGRD, OR 97224 't 1'j .t M ?.':'= rmm _ice Name,Address,ZIP •� r,� � SyO� .u...114-441. ���•i- •tg 34!� Fri pa:lJ l:••' . .a Until a changa is requested all lax statements shall be sent • -.t' to the raroawing address r• .;. RICHARD WNW? C/O NORTHWEST LANDSCAPE 16075 S.W. ":''' '' — TIAGRD. OR 97224 Name,Address,Dp -1 • Y .�. ""'1Ps77;}" ^11i•--:.yy ,.h� :.'1.t'.:+j,.. "_:•r Q _ :� .Sl.h••,' �{Iy Fi S��,[_�. 4(l+, -.N;�•_ a.s.4_..�•u.�:_t s • _.,.. __.� Order No,705219 EXHIBIT'A' A tract of land located In Lots 38 and 39 of the FANNO CREEK ACRE TRACTS,in the City of Tigard,County • `U of Washington and State of Oregon,more particularly described as follows: .yy.}} n':rt%ltI. Beglnning at the Southwest comer of Lot 39,of meld FANNO CREEK ACRE TRACTS;thence North 0402'40' ',.6:,...,..:.--• ,• . • West 35.00 feet along the Westerly Ilse of eald Lot 39;thence North 89'49'20'East 57.94 feet thence South Y.� 44.47'35'East 203.02 feet to the Northwesterly right-of-way of S.W. Upper!bones Ferry Road;thence t=i's ;'=. �� South 49^01'10'West 110.00 feet along the Westerly right-of-way of Bald S.W.Upper Boones Ferry Road ii' =: to the Northeasterly corner of a tract of land conveyed to Lester L Bennett,at tot,by Deed recorded In Deed ,...1,:.,✓"r' Book 320,page 274,Deed Records of Washington County,Oregon;thence North 44•37'35'West 214.40 3 feet along said Bennett Tract to the Northwesterly line of Lot 38,of said FANNO CREEK ACRE TRACTS; > R;thence North 49.01'10'East 44.01 feet along the Northwesterly line of said Lot 38 to the true point of beginning. .;L:SrI j;;r,• �v� ,..:4,r.:.r_ STATE OF OREGON } 88 County of Washington • I.Jerry R.Hansep(y,Director of Assessment 1. and Taxation and.Lx•Oiiiwo nv.o!4.6r at Coe• veyances for saki aquaiT;c10 neretiy_ce eih W r the within Instrument of.wrtdrip wa[rr e and recorded to book of records of t eiVunty. :.`i;;'c Jiffy R. Hoesch 0)J\\realor of .. 'Y)ii: Aasesamenf anti:ToxatIcn, Ex- • • --.,.,:`;f' OHlclo county.Cllitk �t"!.,:?•': • I i ..-t n • +T , Y .:l :•. Ooc : 91063372 ::` Rect.: 65636 323.00 11/14/1991 11:00:53AM ;;`.4' • ' •` j: �.1 �l;;. - ,al♦'v •t" .t: ./: �{ t. h' a- 3r• r.: �J - Y� :�:. Z• .J[ t '�' �/r r h •yin(.., f•. �r� '.'.Sit,' - ic• .l, - .1' '..'�.J� ..Y .1�:1v,• •L^ • :fit: _ ry :�ti'�' 1 C:>' �I��� t e 'ice. .5,„`:.‘,...-.:.:-...- ••,?ri.�•• s. :t` ♦ ;ty. :r•� � r• tt�� :.U'. _ �'''+�•�` �! I''�. ''Iy• -\-. iii.. r+ f'Ytt•:. r'•' - •ate. N<: "Sr. L rr .r(: - .i '�1 �a W" 'L' .%1^"S77 _ .,l .f -' .ter: �a K: Y- .j s d Y - .• tom::=::... a • T• 745 'i-.' �1V:.::,. 1 i Lsi - - ar•ir�._ a t. rt,• - n- ! v,• • t ' . -s�'ry�:t. .1. ' J 7. r - _ �:.w -cF ._ ;.1::*:. Fes'' - .. is-�:.. ,�1. *dS:j'7;'. •.S• y r te: `• •t' Y • - r • �Washingtounty,Oregon 2007-081680 • 07/25/2007 02:51:55 PM Da Cnta3 8tne22 I REED $185.00$10.00$5.00$11.00•Total=$211.00 This instrument was prepared by IIIIllhIIIUIJI VIII VIII and after recording return to: 01145391200700816800370375 I,Richard HobemleM,Director of A meet and Taxation and Ex-Officio County Clerk for Washington 14 County,Oregon,do hereby eeR vN ,� :;��' certify ' • Ball Janik LLP Instrument of wilting was received and re orded In the fi book of records of said coax Attn: Barbara W.Radler �, •;�..:, ,, 101 SW Main Street,Suite 1100 Richard Hob smitht,Director ofA meat and ,T;a;,:i' Taxation,Ex.Offlelo County Clerk Portland,OR 97204 a 1 1°TA I� DECLARATION OF RECIPROCAL EASEMENTS, COVENANTS,CONDITIONS AND RESTRICTIONS r1,1 FOR FANNO CREEK PLACE THIS DECLARATION OF RECIPROCAL EASEMENTS,COVENANTS 21 le CONDITIONS AND RESTRICTIONS FOR FANNO CREEK PLACE("Declaration") is made as of J Zb ,2007,by Opus Northwest,L.L.C., a Delaware limited liability company("Deblarant"). RECITALS A. Declarant is the owner of those certain parcels of land depicted as Parcel 1. through 3 on the site plan attached to this Declaration and made a part of this Declaration as Exhibit A,and situated on the land legally described on Exhibit B attached hereto and-made a part of this Declaration,and is the owner of the buildings and improvements on the Land(the "Improvements"). B. Each of Parcels 1 through 3,together with the Improvements thereon, if any, is sometimes hereinafter referred to individually as a"Parcel"and collectively as the"Parcels"or the"Project". The Project is commonly knows as Fanno Creek Place. .�, C. Declarant desires to impose certain easements, covenants,conditions and CV) restrictions upon the Parcels for the purpose of facilitating the economic and related development r of the Project. 4`Q NOW, THEREFORE, in connection with the development of the Project, Declarant does hereby declare that each of the following grants,easements,covenants, conditions and restrictions shall exist at all times hereafter and be binding upon, and inure to the benefit of,each Parcel in the Project. • O z O 1 ::ODMA\PCDOCS\PORTLAND\553754\8 Q LL • • 1. EASEMENT DECLARATIONS AND GRANTS. (a) Parking and Access. (i) Generally. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each of the Parcels,a nonexclusive easement appurtenant to each Parcel upon, over and across the access, interior and perimeter driveways and parking areas, including any parking decks, sidewalks,walkways,trailways and driveways of the Project,for the purpose of providing the owner from time to time of each Parcel and its tenants and occupants and their respective employees,customers,agents,contractors and invitees having business in the Project and all maintenance vehicles owned by the City of Tigard with(x) vehicular(including repair and maintenance vehicles,but excluding construction vehicles,except as hereinafter provided),pedestrian, and bike ingress and egress to, from and between each Parcel, (y)use of the parking facilities, if any, located within each of the Parcels, and(z)use of the driveways of the Project for access to SW Upper Boones Ferry Road. The owner of each Parcel shall not park,nor permit the tenants,occupants,employees,customers, agents,contractors or invitees of its Parcel to park,at anytime in more than the number of parking spaces allocated to the owner's Parcel. Each Parcel's allocated number of parking spaces shall be a fraction of the total number of parking spaces in the Project,the numerator of which is the number of rentable square feet of space in the building on the Parcel and the denominator of which is the total number of rentable square feet of space in all buildings of the Project. (ii) Permanent Access Easement on Parcel 1. Subject to the conditions and limitations hereinafter set forth,Declarant hereby declares and grants for the benefit of each of the Parcels,a nonexclusive easement appurtenant to each Parcel upon,over and across the driveway described on the attached Exhibit C-1 and drawn on the attached Exhibit CC=2, for the purpose of providing the owner from time to time of each Parcel and its tenants and occupants and their respective employees,customers,agents, contractors and invitees having business in the Project and all maintenance vehicles owned by the City of Tigard with vehicular (including repair and maintenance vehicles,but excluding construction vehicles,except as hereinafter provided),pedestrian,and bike ingress and egress to, from and between each Parcel and SW Upper Boones Ferry Road. (iii) Exclusions. Service areas, including loading and unloading facilities,and drive through lanes, if any(collectively,"Service Areas"),shall not be subject to the easement grant set forth in Section 1(a)(i)of this Declaration. (b) Storm Water Drainage. Subject to the conditions and limitations hereinafter set forth,Declarant hereby declares and grants for the benefit of each Parcel and the City of Tigard,a non-exclusive easement appurtenant to each Parcel(i)over,across and upon the surface of the Common Areas(as defined in Section 3 of this Declaration)and any existing drainage ditches,culverts and swales which presently run through the Common Areas for the sole and exclusive purpose of permitting the natural flow and drainage of storm water accumulating and originating on each Parcel to the storm drainage lines depicted on the utility 2 ::ODMA\PCDOCS\PORTLAND\553754\8 . . plan attached hereto and made a part hereof as Exhibit D. subject to the conditions set forth in clauses(x),(y)and(z)below,as and to the extent applicable,and subject to the effect of any improvements presently located or hereinafter constructed on the Common Areas, and(ii)over, across,upon and under the portion of the Common Areas located above the subsurface storm sewer and drainage lines and surface drainage ways depicted on Exhibit D(collectively, the "Storm Sewer System")for the sole and exclusive purpose of running and transferring water accumulating and originating on each Parcel to the Storm Sewer System,together with the right of access to the portion of the Common Areas located above the Storm Sewer System and areas adjacent thereto as may be reasonably and temporarily necessary for purposes of installing, maintaining,repairing,replacing,removing, enlarging and renewing the non-public portion of the Storm Sewer System, if any, subject to the conditions that: (x) The owner of each Parcel shall not permit the flow of toxic or hazardous substances or any other substance from such Parcel into the Storm Sewer System which is not permitted to be discharged into the public storm sewer serving the Project by any applicable law, statute or regulation or otherwise; (y) The owner of each Parcel shall not permit any other party or property to discharge water onto the Project and no right to transfer or run water is granted hereunder other than to the owner(s)of each such Parcel for water accumulating and originating on such Parcel; • and (z) No such running or transferring of water shall result in water being discharged at a rate or in a volume in excess of that permitted by the design standards for the Storm Sewer System. (c) Sanitary Sewer. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each of the Parcels,a non-exclusive easement appurtenant to each Parcel,over,across,upon and under the portion of the Common Areas located above the sanitary sewer lines and related appurtenances depicted on Exhibit D (collectively, the"Sanitary Sewer System")for the sole and exclusive purpose of permitting the flow of wastewater,sewage and related materials through the Sanitary Sewer System,together with the right of access to the portion of the Common Areas located above the Sanitary Sewer System and areas adjacent thereto as may be reasonably and temporarily necessary for purposes of installing,maintaining,repairing,replacing,and renewing the non-public portion of the Sanitary Sewer System, if any. (d) Water. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each of the Parcels, a non-exclusive easement appurtenant to each Parcel,over,across, upon and under the portion of the Common Areas located above the water lines and related appurtenances depicted on Exhibit D(collectively,the "Water System")for the sole and exclusive purpose of permitting the flow of water through the Water System, together with the right of access to the portion of the Common Areas located above the Water System and areas adjacent thereto as may be reasonably and temporarily necessary for purposes of installing,maintaining,repairing,replacing,and renewing the non- 3 ::ODMA\PCDOCS\PORTLAND\553754\8 • • public portion of the Water System, if any. Without limiting the generality of the foregoing easement, the Water System easement includes the area described on the attached Exhibit E-1 and drawn on the attached Exhibit E-2 and the area described on the attached Exhibit F-1 and drawn on the attached Exhibit F-2. (e) Gas,Electric,Telephone,Cable Television and Communication. Declarant hereby declares and grants for the benefit of each of the Parcels,a non-exclusive easement appurtenant to each Parcel under,along and across those portions of the Common Areas as may be temporarily and reasonably necessary for the purposes of installing, maintaining,repairing, replacing,and renewing utility lines or systems serving each Parcel (collectively,"Utility Lines"), for gas,electrical,telephone,cable television and communication service(and any other utility facilities that may be reasonably necessary for the orderly development and operation of the improvements from time to time located within the Parcels)to each such Parcel and not otherwise previously created by any applicable plat of subdivision,subject to the conditions that: (1) All Utility Lines shall be underground except: (a) ground mounted electrical and telephone transformers and junction boxes and temporary emergency generators; (b) as may be necessary during periods of construction,repair or temporary service; • (c) as may be required by governmental authorities having jurisdiction over the Project; (d) as may be required by the provider of such service; (e) fire hydrants or for manhole and manhole covers; and (f) generators if first approved by Declarant; (ii) At least fifteen(15)days prior to exercising the easement rights granted herein,the owner of the Parcel benefited by the easement rights granted by this Section 1(e) ("Grantee")shall provide the owner of the Parcel whose Common Areas is to be burdened by the easement rights granted by this Section 1(e)("Grantor")with a written statement describing the need for such easement and identifying the proposed location and width of any such proposed Utility Line. The location and width of any such proposed Utility Line shall be subject to the prior approval of the Grantor,which approval shall not be unreasonably withheld or delayed. The easement area shall be no wider than reasonably necessary to satisfy the requirements of a private or public utility. Within thirty(30)days after the determination of the location of any such easement area,the Grantee shall,at its sole cost and expense,record a written declaration referring to this Section 1(e)and setting forth the legal description of such easement area. Further,the Grantee shall,at its sole cost and expense,promptly following installation of any such Utility Line,,provide the Grantor with a copy of an as-built survey showing the location of such Utility Line;and 4 ::ODMA\PCDOCS\PORTLAND\553754\8 _ _ • S (iii) The Grantor shall have the right at any time to relocate the easements granted herein by the Grantor(except the relocation of the public sanitary sewer requires the prior consent of the City of Tigard),provided that(a)the easements so relocated will be of substantially equivalent usefulness for the purposes stated herein, (b)all costs to effect such relocation shall be paid by the Grantor,(c)the Grantor shall interfere with the business being operated on the Grantee's Parcel as little as reasonably possible in the exercise of the Grantor's rights herein,and(d)the Grantor shall provide prior written notice of any such relocation to the owner(s)of the Parcel(s)benefited by the easement(s)being relocated. (f) Common Areas. Declarant hereby reserves to itself and declares and grants for the benefit of the Project and the owners of the Parcels, a non-exclusive easement over, across, upon and under those portions of the Common Areas as may be necessary for the purpose of permitting Declarant to perform its obligations in accordance with the provisions of Section 5(c) of this Declaration. (g) Construction. Declarant hereby reserves for itself and declares and grants for the benefit of the Project,a non-exclusive easement over, across,upon and under those portions of the Common Areas and the Parcels as may be necessary for the purpose of constructing, installing, maintaining,repairing, replacing and renewing the buildings and improvements thereon including,without limitation,the entrance areas of the Project, the Common Areas improvements,retaining walls, lines,irrigation systems and other utilities and systems which are or may be located in the Project to service any part of the Project, including any of the Parcels, and the like. (h) Monument Sign. Declarant hereby reserves to itself and declares and grants for the benefit of the Project,a non-exclusive easement over,across,upon and under Parcels 1 and 3 for purposes of constructing, installing, maintaining,repairing, replacing and renewing the proposed Project monument sign. (i) Miscellaneous. The owner of each Parcel, in the exercise and use of the rights and privileges herein granted, will not create a nuisance or do any act which would materially and adversely affect the Project or part thereof. Any work to be performed in connection with the easement rights granted herein(other than any work to be performed by Declarant in connection with the easement rights granted in Sections 1(f), 1(g),and 1(h)above during the initial construction of the Project)shall be subject to the provisions of Section 4(b)(i)hereof,and the owner(s)of the Parcel(s)benefited thereby shall,at their sole cost and expense,comply with the same; if more than one Parcel is benefited by such easement rights,the cost of compliance shall be equitably shared between such Parcels based upon the nature and extent of the easement rights benefiting each such Parcel. The easements granted in Sections 1(b),(c),(d), and(e) herein are located in and restricted to the area below the surface of the ground,and this Declaration grants no right to use, occupy or alter any area of the ground surface above said easement areas except as reasonably and temporarily necessary to afford access to said easement areas. 5 ::ODMA\PCDOCS\PORTLAND\553754\8 • • • Declarant hereby reserves non-exclusive easements under,over,through and across the sidewalks, interior and perimeter driveways,parking areas,ramps, landscaping,walkways, trailways, aisles,or retaining walls on any of the Parcels and all other areas of any of the Parcels, except that area underlying any building located(or to be located)on any of the Parcels, for the purposes of installing,maintaining,repairing,replacing,renewing and using such water system lines,telephone and electrical conduits or systems, gas lines,drainage lines and other utilities which are or may be located in the Project to service any part of the Project,including any of the Parcels, and reserves the right to change from time to time the dimensions and location of the Common Areas located on any Parcel then owned by Declarant,as more particularly set forth in Paragraph 16 hereof. If Declarant desires to make a material change to the Common Areas that would materially and adversely affect the use of the Common Areas by the owner of Parcel 2 or its tenants,then Declarant and the owner of Parcel 2 shall comply with and be subject to the provisions of Section 4.5 of the Multitenant Office Lease Agreement,dated as of August 9, 2006,between the Oregon State Bar,a public corporation of the State of Oregon,as tenant, and Declarant,as landlord, as amended by that certain Amendment to Lease Agreement,dated as of December 29,2006(the"OSB Lease"),the provisions of which survive the expiration or earlier termination of the OSB Lease. Each Parcel owner shall maintain any private utility lines located on its respective Parcel(and,if required by the public utility,any public utility located on its respective Parcel). If any such utility line is used exclusively by another Parcel owner, then said other Parcel owner shall be solely responsible for the maintenance of said utility lines and the costs of such maintenance; if more than one Parcel is benefited by any such utility line, then the maintenance of said utility lines, and the costs of such maintenance, shall be equitably shared between such Parcels based upon the nature and extent of the benefit of such utility line to each such Parcel. Declarant covenants that in the exercise of the easements hereby reserved, Declarant shall not disturb any Parcel owner's use of its Parcel except as reasonably and temporarily necessary, and Declarant shall interfere with the business being operated on any such Parcel as little as reasonably possible in the exercise of Declarant's rights herein. Without limiting the generality of the foregoing,in the event the exercise of the easements hereby 'reserved detrimentally affects the condition of any portion of the Project, Declarant covenants and agrees to restore the Project,or part thereof,to the condition existing prior to the exercise of the easements hereby reserved including, without limitation,any filling and compacting of all excavations,repaving of paved areas,and replacement of landscaping. In addition,prior to the exercise of the easements hereby reserved,Declarant shall provide reasonable advance notice to any Parcel owner whose Parcel would be affected thereby,and Declarant shall schedule performance of any work to be performed with the owner of the Parcel affected thereby such that performance of such work will not unreasonably interfere with the business being operated upon such Parcel. (j) Public Utility Easement. Declarant hereby grants to the City of Tigard a non- exclusive easement on and under the property described on the attached Exhibit G-1 and drawn on the attached Exhibit G-2 for constructing, maintaining, installing, inspecting,and repairing underground public utilities and appurtenances(the"Public Utility Easement"). This easement right does not prevent the owners of Parcels 1 and 3 from using their respective Parcels in any manner that does not interfere with the purposes of the Public Utility Easement. Declarant and 6 ::ODMA\PCDOCS\PORTLAND\553754\8 • • • the owners of Parcels 1 and 3 shall be free to landscape,pave,and otherwise use the surface of the property encumbered by the Public Utility Easement. 2. DURATION. The easements,covenants, conditions and restrictions herein contained shall be perpetual, shall create mutual benefits and covenants running with the land and shall be binding upon any owner,tenant,or occupant of the Project and their respective heirs,personal representatives,successors and assigns. 3. COMMON AREAS. The sidewalks,driveways,roadways,parking areas, signs, recreation areas,landscaping,retaining walls, the area between the curb on SW Boones Ferry Road and the Parcels,walkways, fountains and associated water features,detention areas, trailways, aisles,and other facilities of the Project designed for use by all owners and occupants • of the Project,and their employees,agents, customers,tenants and invitees as the same may exist from time to time,are herein together referred to as the"Common Areas". The Common Areas shall not include any buildings(including any appurtenant canopies,supports and other outward extensions)or hardscape areas associated with any buildings constructed on any Parcel or Service Areas. For purposes of this Declaration,hardscape areas shall mean the area between the perimeter building walls and the curbline on any Parcel. The Common Areas shall not be used for any purpose other than pedestrian movement and the parking and passage of motor vehicles and bicycles, landscaping,signage, in each case subject to reasonable,non- discriminatory rules and regulations as may be established by Declarant and approved by the owner of Parcel 2,which approval shall not be unreasonably withheld, from time to time, including,without limitation,rules and regulations governing traffic flow,traffic management, parking and the like,to facilitate access and parking with respect to each Parcel. Without limiting the generality of the foregoing, Declarant reserves the right to erect, install and implement, as the case may be,traffic signs and signals, traffic control devices(including, without limitation, speed bumps and/or tire stops),access and security control measures and the like to facilitate the orderly administration and use of the Common Areas by those parties entitled to use the same. Declarant reserves the right to remove any unauthorized signage from the Common Areas. Declarant shall not impose any charge on parking at the Project. 4. CONDITIONS AND RESTRICTIONS. (a) Parcels. Except as permitted by the prior written approval of Declarant, no building,structure or other improvement shall be constructed or maintained on any Parcels unless such building, structure or other improvement shall conform to the following covenants and requirements: (i) No rooftop sign nor any sign extending above the walls or parapet of any building or structure shall be erected or maintained with respect to any such building or structure and no sign,whether a rooftop sign or otherwise, shall include any flashing,pulsating or rotating light(s). (ii) No freestanding pylon or monument type identification sign(other than any such sign erected by or on behalf of Declarant pursuant to Section 1(h)hereof)may be 7 ::ODMAWCDOCS\PORTLAND\553754\8 4 • S erected on any of the Parcels without Declarant's prior written approval. Notwithstanding the foregoing,there may be erected entrance-exit signs to facilitate the free flow of traffic, the type and location of such signs to be approved by Declarant,which approval shall not be unreasonably withheld or delayed. All signs for the Parcels at the Project shall be subject to and in compliance with all applicable laws and regulations. Declarant reserves the right to remove any unauthorized signage. (iii) No improvements shall be constructed; erected,expanded or altered on any of the Parcels until the plans for the same(including site layout,signage,civil engineering drawings(including finished floor elevations),exterior appearance,parking,if any, and landscaping)have been approved by Declarant,which approval shall not be unreasonably withheld so long as the plans therefor are otherwise substantially in accordance with Declarant's project development plans submitted to and approved by the City of Tigard,Oregon("City")as part of the planned development of the Project. All construction work shall,upon approval of plans by Declarant,be prosecuted with all due diligence,and subject to the conditions and limitations herein contained. (b) Construction: Landscaping:and Building Maintenance. Use and enjoyment by the owner of any Parcel of the easement rights and declarations herein granted shall be subject to the following terms,covenants and restrictions. (i) The owner of each Parcel(each,a"Constructing Owner"), shall pay all reasonable costs and expenses incurred by any other Parcel owner due to damage to the Project arising from or related to such Constructing Owner's construction operations at such Constructing Owner's Parcel. No Constructing Owner shall materially obstruct the free flow of pedestrian or vehicular traffic upon and across the Project during any period of construction at such Parcel or at any time thereafter. During such period of construction, such Constructing Owner shall cause the interior driveways of the Project to be maintained free of all materials and supplies arising out of or resulting from such Constructing Owner's construction and otherwise in a neat and orderly condition undisturbed from such Constructing Owner's construction operations. Any vehicle or equipment used in such construction or any materials used in such construction shall be parked or stored only in an area approved in writing by Declarant. Each Constructing Owner agrees to defend, indemnify and hold harmless each other.Parcel owner from and against any and all loss, cost, damage, liability,claim or expense(including,without limitation,reasonable attorneys' fees and costs)arising from or relating to such Constructing Owner's construction operations. All construction operations at such Constructing Owner's Parcel shall be performed in a lien-free and good and workmanlike manner,in accordance with all laws,rules,regulations and requirements, including, without limitation,such reasonable,non- discriminatory rules and regulations for the Parcels as may be promulgated by Declarant. No Constructing Owner shall permit or suffer any mechanic's liens claims to be filed or otherwise asserted against the Project in connection with such Constructing Owner's construction operations, and shall promptly discharge the same in case of the filing of any claims for liens or proceedings for the enforcement thereof,or in the event such Constructing Owner in good faith desires to contest the validity or amount of any mechanic's lien,such Constructing Owner shall have the right to contest the validity or amount of any such mechanic's lien,provided that(i) 8 ::ODMA\PCDOCS\PORTLANDM53754\8 • S such Constructing Owner deposits with the owner of the Parcel affected by such mechanic's lien cash or a letter of credit or other security reasonably acceptable to such affected Parcel owner in an amount equal to one hundred fifty percent(150%)of the amount of said lien to insure payment and prevent any sale or forfeiture of any part of the affected Parcel by reason of nonpayment; (ii)neither the affected Parcel nor any part thereof or interest therein would be in any substantial danger of being sold,forfeited,or lost,(iii)such affected Parcel owner would not be in any substantial danger of any civil or criminal liability for failure to comply therewith; and (iv)such Constructing Owner promptly notifies such affected Parcel owner,in writing, of such contest. Any such contest shall be prosecuted with due diligence and such Constructing Owner shall promptly after the final determination thereof pay the amount of any such lien,together with all interest,penalties and other costs payable in connection therewith. Any such letter of credit deposited hereunder shall be issued by a national bank reasonably acceptable to such affected Parcel owner. All materialmen,contractors,artisans,mechanics,laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to a Constructing Owner or such Constructing Owner's Parcel, or any portion thereof,are hereby charged with notice that they must look exclusively to such Constructing Owner to obtain payment for the same. Notice is hereby given that no owner of any Parcel(other than the Constructing Owner)shall be liable for any labor,services,materials,supplies,skill, machinery, fixtures or equipment furnished or to be furnished to the Constructing Owner upon credit,and that no mechanic's lien or other lien for any such labor,services,materials,supplies,machinery, fixtures or equipment shall attach to or affect the estate or interest of the owner of any Parcel (other than the Constructing Owner) in and to such owner's Parcel, or any portion thereof. Each • Constructing Owner and its tenants and their respective contractors and subcontractors shall be solely responsible for the transportation,safekeeping and storage of materials and equipment used in connection with such Constructing Owner's construction operations,and for the removal of waste and debris resulting therefrom. In the event any Constructing Owner's construction operations detrimentally affect the condition of any portion of the Project,such Constructing Owner shall restore the Project,or part thereof,to its condition existing prior to commencement of such Constructing Owner's construction operations, including without limitation,any filling and compacting of all excavations,repaving of paved areas and replacement of landscaping. No such construction operations shall result in a labor dispute or encourage labor disharmony. Prior to commencement of such Constructing OZvner's construction operations, such Constructing Owner shall obtain,at its sole cost and expense,and maintain during the performance of such Constructing Owner's construction operations,workers compensation insurance covering all persons directly employed by such Constructing Owner in connection with such Constructing Owner's construction operations and with respect to which death or injury claims could be asserted against Declarant,such Constructing Owner,the Project or any interest therein as required by applicable laws and regulations,together with commercial general liability insurance for the mutual benefit of Declarant and such Constructing Owner with limits not less than the amounts set forth in Section 7 hereof,and all risk builder's risk insurance for full insurable value covering any improvements constructed. All such insurance shall be written by solvent insurance companies licensed in the State of Oregon and all such policies of insurance or binders 9 ::ODMA\PCDOCS\PORTLAND\553754\8 • . of insurance shall be delivered to Declarant prior to commencement of such Constructing Owner's construction operations. (ii) Each Parcel shall be landscaped in accordance with a plan approved by Declarant and otherwise in accordance with the requirements of the City,such landscaping to include sodding,planting of trees, shrubs and other customary landscape treatment and, if required by Declarant or the City,an underground sprinkler system. Landscaping shall be kept in a neat and attractive condition and appearance including,without limitation, lawns mowed,edges trimmed,and trees, shrubs and other landscape treatment properly maintained. Each Parcel shall not be fenced(unless such fence acts as a temporary barrier to a construction zone during construction on such Parcel or acts as a perimeter boundary for any approved outdoor eating area on such Parcel)or obstructed in any way but shall be kept open at all times for the free use thereof,except that curbs, landscaping or bumper stops may be erected on any such Parcel in order to define the boundaries of such Parcel. Any dumpster serving any Parcel shall be screened(other than dumpsters used during temporary construction operations) in a manner reasonably satisfactory to Declarant and consistent with the architectural and aesthetic character of the balance of the Project. Each Parcel owner shall maintain the exterior of all buildings located on such Building owner's Parcel in good condition and state of repair, including without limitation,maintaining all perimeter and building walls and retaining walls,keeping the exterior store front surface clean,replacing any cracked or broken glass. Declarant hereby reserves unto itself,the right to cure any failure of any Parcel owner to make such repairs,maintenance or restoration as are required under the aforesaid covenants,conditions and reservations and as required under Sections 5 and 8 hereof;provided,however, Declarant shall not be entitled to cure any such failure unless Declarant has first given the Parcel owner written notice of such failure and such owner has not cured such failure within ten(10)days after delivery of such notice or,in case such cure cannot be effected within said 10-day period and such owner is diligently pursuing such cure, such additional period as may be reasonably necessary to effect such cure,and provided further that,with respect to a failure by such owner to maintain insurance set forth in Section 4(b)(i)and Section 7 hereof or with respect to any event,fact or circumstance which involves imminent threat of injury or damage to persons or property,the aforesaid cure period shall not apply. All reasonable costs incurred by Declarant in performing such repairs,landscaping,maintenance or restoration shall be due from any such owner upon demand, and, in addition,such owner shall pay interest on such costs from the date of expenditure by Declarant until the date of reimbursement by any such owner,at an interest rate(the"Interest Rate")equal to four percent(4%)per annum in excess of the published prime rate of interest of U.S. Bank National Association(or similar institution if said bank shall cease to exist or to publish such a prime rate)provided that such rate shall not exceed the highest rate permitted by applicable law. Any of the foregoing restrictions may be waived,amended,modified,released or terminated at any time and from time to time by Declarant as to any one or more of the Parcels. 10 ::ODMATCDOCS\PORTLAND\553754% .,f5A S 5. REPAIR AND MAINTENANCE OF COMMON AREAS; COMPLIANCE WITH LAWS;REAL ESTATE TAXES. • (a) Repairs and Maintenance. Except as otherwise expressly provided herein, each Parcel owner shall,at such Parcel owner's sole cost and expense, in a manner consistent with"Class A"office projects in the greater Portland,Oregon metropolitan area(i)keep such owner's Parcel, including any Common Areas located thereon,free of obstruction,clean, swept and in good repair and renew any portions thereof as necessary, (ii)remove snow and ice from the perimeter driveways and parking areas located on such Parcel owner's Parcel,(iii)keep any Common Areas located on such Parcel owner's Parcel lighted during hours of darkness when any business operations located upon such Parcel owner's Parcel are open for business,(iv)keep the parking areas located on such Parcel owner's Parcel properly striped to assist in the orderly parking of cars, (v)provide trash service for such owner's Parcel,(vi)maintain all curbs and related site improvements including all Service Areas and hardscape areas,if any, located on such Parcel owner's Parcel in good order,condition and repair,(vii)keep such Parcel owner's Parcel neat and orderly,and planted in grass and trimmed until improved and constructed; thereafter,such Parcel owner shall keep the landscaping located on such Parcel owner's Parcel landscaped in accordance with the requirements of the City, such landscaping to include sodding, planting of trees,shrubs and other customary landscape treatment and, if required by Declarant or the City,an underground sprinkler system; (viii) maintain the Storm Sewer System in good working order;(ix)maintain the area between the curb on SW Boones Ferry Road and the Parcels in good condition;and(x)perform such other maintenance and repairs as are customary for"Class A"office projects in the greater Portland,Oregon metropolitan area. All maintenance and repairs shall be done as quickly as possible and at such times and in such a manner as shall minimize any inconvenience to the business conducted in the Project and to delivery vehicles servicing such business. (b) Compliance With Laws;Payment of Real Estate Taxes;Universal Common Area Maintenance Items. (i) Generally. Each Parcel owner shall comply with all laws,rules, regulations and requirements of public authorities relating in any manner whatsoever to such Parcel owner's Parcel, and shall pay one hundred percent(100%)of the(x)real estate taxes which are due and payable for each such Parcel owner's Parcel and insurance premiums payable with respect to each such owner's Parcel required by Section 4(b)(i)and Section 7 hereof, (y) repair and maintenance expenses for the Common Areas, Service Areas and hardscape areas, if any, located on each such Parcel owner's Parcel,and(z)amounts due and payable to the City in connection with repair and maintenance of any public improvements(including,without limitation,any trailways,and landscaping within public rights of way)located on or adjacent to each such Parcel owner's Parcel. For purposes of this Declaration,real estate taxes shall include all taxes, installments of assessments and governmental charges of any kind and nature whatsoever, including any area-wide assessment, levied or assessed against the Project and any improvement thereon. Each Parcel owner shall maintain on its Parcel a sufficient amount of landscaping to comply with the City of Tigard's minimum landscaping requirements for such Parcel. 11 ::ODMA\PCDOCS\PORTLAND155375418 • (ii) Universal Common Area Maintenance Items. Anything in Section 5(b)(i)to the contrary notwithstanding,Declarant shall(a)maintain and repair all utility lines and retaining walls within the Common Areas,including any irrigation lines,and make payment of any and all real estate taxes, insurance premiums and other similar charges attributable thereto,(b)maintain the Common Areas security program, if any, (c)maintain any Project identification signage, (d)maintain and repair the roads,perimeter driveways and entrance areas of the Parcels and related site and infrastructure improvements, and make payment of any and all real estate taxes(if any),insurance premiums, and other similar charges attributable thereto, (e) maintain and repair the landscaping,lighting systems,sprinkler and irrigation systems and related improvements in the Common Areas,(f)maintain and repair the fountains and any associated water features and make payment of any and all real estate taxes,insurance premiums and other similar charges attributable thereto,and(g)perform any other Common Area maintenance to the extent the same covers services directly benefiting a Parcel owner's Parcel, but which cannot be billed to or contracted for separately by the owner of such Parcel (collectively,"Universal Common Area Maintenance Items"). (iii) Payments. In addition to payment of amounts described in Section 5(b)(i),each Parcel owner shall pay to Declarant on a quarterly basis, in advance, in accordance with Declarant's estimate,and subject to adjustment after the end of the year on the basis of the actual costs for such year,its respective proportionate share of the cost of the Universal Common Area Maintenance Items. For purposes of this Section 5(b)(iii),the proportionate share of the cost of the Universal Common Area Maintenance Items for each Parcel shall be allocated among each of Parcel 1,Parcel 2 and Parcel 3 based upon the anticipated rentable area of each such building located on each respective Parcel (i.e., 5,185 rentable squarefeet for Parcel 1,68,512 rentable square feet for Parcel 2,and 51,110 rentable square feet for Parcel 3,to be further adjusted to the actual rentable area of each office building once a building permit is issued for any such office building,and increasing or decreasing from time to time as physical changes are made to an office building affecting its rentable area. (c) CAM Election. Declarant may from time to time elect("CAM Election") to maintain and repair the Common Areas located on one or more of the Parcels in the manner hereinafter set forth. Any such CAM Election shall be in writing and shall be given to each of the owners of the Parcels subject to the CAM Election,and shall specify a date(no earlier than ninety(90)days following the date of the CAM Election)by which Declarant intends to commence maintenance and repair of the Common Areas located on the Parcels subject to the CAM Election. In the event Declarant makes a CAM Election(i)Declarant shall, subject to reimbursement as provided herein,cause to be maintained and repaired the Common Areas located on the Parcels subject to the CAM Election consistent with the terms and provisions of Section 5(a)and Section 5(b)hereof,other than providing trash service for any Parcels subject to the CAM Election,(ii)the owner of each of the Parcels subject to the CAM Election shall not be required to so maintain the Common Areas located on its respective Parcels notwithstanding the provisions of Section 5(a)and Section 5(b)hereof,but shall continue to provide trash service for such owner's Parcels,shall continue to maintain the Service Areas and the hardscape areas located on such owner's Parcels,and shall comply with all laws,rules,regulations and requirements of public authorities relating in any manner whatsoever to such owner's Parcel as 12 ::ODMA\PCDOCS\PORTLAND\553754\8 •• provided in Section 5(b)hereof,(iii)the owner of each of the Parcels subject to the CAM Election shall not be required to make the quarterly payments contemplated by Section 5(b) hereof,it being understood that such amounts shall be paid monthly as part as such Parcel owner's proportionate share of CAM Expenses(as herein defined), and(iv)the owner of each of the Parcels subject to the CAM Election shall pay to Declarant its proportionate share of CAM Expenses in equal monthly installments,in advance,as reasonably estimated by Declarant,and subject to adjustment after the end of each calendar year on the basis of the actual costs for such year. In the event the CAM Expenses estimate is delivered following January of the applicable calendar year,said amount, so estimated,shall be payable in equal monthly installments,in advance,on the first day of each month for the balance of such calendar year,with the number of installments being equal to the number of full calendar months remaining in such calendar year. Declarant may re-estimate the amount of CAM Expenses from time to time during any calendar year. Each such Parcel Owner's proportionate share of CAM Expenses shall be a fraction,the numerator of which shall be the rentable square foot floor area of the building located on such Parcel owner's Parcel,and the denominator of which shall be the total rentable square foot floor area of all buildings located on the Parcels subject to the CAM Election. In the event Declarant makes a CAM Election,Declarant may promulgate such reasonable,non-discriminatory rules and regulations for the Parcels subject to the CAM Election as Declarant deems reasonable and necessary,and the owners of each of the Parcels subject to the CAM Election shall be bound thereby. The term"CAM Expenses"shall include all Universal Common Area Maintenance Items and all other expenses incurred with respect to the maintenance, lighting,cleaning, inspecting, painting,repair, operation and replacement of the improvements(including,without limitation, retaining walls, landscaping,hardscaping and equipment, such as lighting poles and fixtures located within the Common Areas)of the Common Areas located on the Parcels subject to the CAM Election,and certain other costs as more particularly described below,as determined by Declarant's accountant in accordance with prudent industry standards,including, without limitation, insurance premiums for the Common Areas located on the Parcels subject to the CAM Election;all costs and expenses of maintaining, operating,replacing,repairing,repaving, lighting,striping, salting and sealing the parking areas, including any parking decks,perimeter driveways and entrance areas of the Common Areas located on the Parcels subject to the CAM Election,and any and all real estate taxes(if any),insurance premiums,and other similar charges attributable thereto; all costs and expenses of removing debris from and for security protection for the Common Areas located on the Parcels subject to the CAM Election;all costs and expenses of all service and maintenance contracts for the Common Areas located on the Parcels subject to the CAM Election, including,without limitation,general cleaning, surface water,pest control, fire control and telephone alert systems; costs of collection and disposal of all trash and garbage;all costs and expenses for machinery and equipment used in the operation of the Common Areas located on the Parcels subject to the CAM Election; all costs and expenses of maintaining and repairing sprinklers and other fire protection systems,irrigation systems,and electrical,gas,water,telephone and other utility systems serving the Common Areas located on the Parcels subject to the CAM Election; all costs and expenses of planting,maintaining and replacing landscaping and shrubbery for the Common Areas located on the Parcels subject to the CAM Election;maintaining and repairing traffic signals and all costs and expenses of traffic 13 ::ODMA\PCDOCS\PORTLAND\553754\8 • regulation,directional signs and traffic consultants;permits; all costs and expenses of operating, maintaining,repairing and replacing any non-public utility system serving the Common Areas located on the Parcels subject to the CAM Election; all reasonable charges for interest on and depreciation of equipment installed in,or improvements or alterations made to,the Common Areas which are for the purpose of reducing energy costs,maintenance costs or other CAM Expenses,or which are required under any governmental laws,regulations,or ordinances which were not required as of the date hereof, so as to amortize the cost of such equipment, improvements or alterations over the reasonable life of the same on a straight line basis; the costs of supplies and materials used in connection with the operation and maintenance of the Common Areas located on the Parcels subject to the CAM Election;the cost of providing employment and so-called fringe benefits for employees involved in the operation and maintenance of the Common Areas located on the Parcels subject to.the CAM Election;amounts paid to contractors or subcontractors for work or services performed in connection with the operation,maintenance repair and replacement of the Common Areas located on the Parcels subject to the CAM Election;without duplication of any of the foregoing,the cost of the Universal Common Area Maintenance Items;and such other costs or expenses as may be ordinarily incurred in the operation, maintenance,repair and replacement of common areas and not specifically set forth herein, including a reasonable management fee(not to exceed 15%of the foregoing costs and expenses). Declarant may from time to time elect to cancel("CAM Cancellation")any CAM Election and no longer be responsible for the repair and maintenance of the Common Areas located on the Parcels subject to the CAM Election in the manner hereinafter set forth. In the event of the CAM cancellation,the obligations for repair and maintenance shall be the responsibility of the owners of the Parcels. Any such CAM Cancellation shall be in writing and shall be given to each of the owners of the Parcels subject to the CAM Election, and shall specify a date,no earlier than ninety(90)days following the date of the CAM Cancellation, by which Declarant shall no longer be responsible for the maintenance and repair of the Common Areas located on the Parcels subject to the CAM Election. In the event Declarant makes a CAM Cancellation,the owner of each of the Parcels subject to the CAM Election shall,on the date specified in the CAM Cancellation,resume responsibility for the maintenance and repair of the Common Areas located on its respective Parcel in the manner required by Section 5(a)and Section 5(b)hereof and shall resume making the quarterly payments contemplated by said Section 5(b). Nothing herein contained shall preclude Declarant from making a CAM Election subsequent to a CAM Cancellation. (d) Books and Records. Declarant shall,at the request of any Parcel owner, make available to such Parcel owner for its inspection and examination during Declarant's normal business hours all of the books and records that relate to the determination of the amounts due and owing as provided in Sections 5(b)and 5(c)hereof. Declarant also agrees to make such books and records available during Declarant's normal business hours to an independent certified accountant(which such independent certified accountant shall not be compensated in whole or in part on a contingency fee basis)selected by any such Parcel owner, for review and audit,at the requesting Parcel owner's sole cost and expense. If such audit reveals an error in any such amount or adjustment,an appropriate adjustment shall be made based upon such audit,and if any 14 ::ODMA\PCDOCS\PORTLAND\55375418 • • such error reveals an overpayment by any such Parcel owner in excess of 5%of the amount actually due and owing by any such Parcel owner,Declarant shall pay the reasonable cost of such audit. 6. INDEMNIFICATION. The owner of each Parcel agrees to defend, indemnify and hold harmless the other Parcel owners from and against any and all claims,actions, damages, fines,liabilities and expenses of every kind,nature and sort whatsoever(including reasonable attorney's fees,court costs and expenses)which may be imposed upon, incurred by or asserted against the indemnified party or its property in connection with loss of life,personal injury and/or property damage arising from or relating to any occurrence in,upon or at the indemnified Parcel owned by the indemnifying party, or any part thereof, or from exercise by the indemnifying party of the easement rights granted herein, except to the extent caused by the willful or negligent acts or omissions of the indemnified party or to the extent covered by insurance. With respect to any indemnification provided for hereunder,the indemnifying owner shall immediately respond and take over the expense, defense and investigation of all such claims arising under this indemnity. Each Parcel owner("Releasing Owner") shall release and waive for itself, and each person claiming by,through or under it,each other Parcel owner("Released Owner") from any liability for any loss(including any deductible loss)or damage to any property of such Releasing Party located upon any portion of the Project and for any business conducted upon any portion of the Project,without regard to any negligence on the part of the Released Owner which may have contributed to or caused such loss,or of the amount of such insurance required to be carried or actually carried; provided,however,the foregoing release shall not apply to any loss or damage attributable to an environmental condition caused by the Released Owner. Each Parcel owner agrees to obtain, if needed,appropriate endorsements to its policies of insurance with respect to the foregoing release. 7. INSURANCE. Each Parcel owner shall cause to be procured and maintained commercial general public liability insurance with a combined single limit/of no less than $3,000,000.00 on an occurrence basis,which policy or policies shall: • (a) name as an additional insured the Declarant and Declarant's management agent; (b) be written by solvent insurance companies licensed in the State of Oregon and rated at least A/X by A.M.Best Insurance Service(or such similar service in the event A.M. Best no longer exists); (c) provide that such policy or policies may not be canceled by the insurer without first giving each named insured and Declarant at least thirty(30)days'prior written notice; (d) protect and insure the parties designated in clause(a)above on account of any loss or damage arising from injury or death to persons or damage or destruction to property caused by or related to or occurring on(i)any such Parcel; (ii)any construction or reconstruction 15 ::ODMAIPCDOCS\PORTLAND155375418 • • that any such Parcel owner may perform in connection with such owner's Parcel;and(iii)any act or omission of any such Parcel owner,and its respective agents,employees, licensees, invitees or contractors on any portion of such Parcel; (e) include contractual liability coverage insuring the indemnity obligations provided for herein; (f) provide for severability of interests; and (g) provide that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to the other insureds or additional insureds. Any such coverage shall be deemed primary to any liability coverage secured by any other Parcel owner covering such owner's Parcel. Each Parcel owner shall also keep any building improvements located on its Parcel insured in an amount equivalent to the full replacement value thereof(excluding foundation, grading and excavation costs)against loss or damage by fire and such other risks of a similar or dissimilar nature customarily covered with respect to buildings and improvements similar in construction,general location,use,occupancy and design to such building improvements. Nothing herein contained shall prevent any Parcel owner from taking out insurance of the kind and in the amount provided for hereunder under a blanket insurance policy or policies which may cover other properties owned or operated by such Parcel owner as well as its Parcel; provided,however,that any such policy of blanket insurance of the kind provided for shall specify therein the amounts thereof allocated to such Parcel or such Parcel owner shall furnish each other Parcel owner with a written statement from the insurers under such policies specifying the amounts of the total insurance allocated to such Parcel,and provided further,that such policies of blanket insurance shall,as respects such Parcel, contain the various provisions required of such an insurance policy by the foregoing provisions of this Declaration. Each Parcel owner shall deliver binders or certificates of such policies of insurance to Declarant and to each other Parcel owner upon demand. 8. DAMAGE AND DESTRUCTION. In the event of any damage or destruction to any buildings to be constructed on any of the Parcels,the owner of said Parcel shall either(i) promptly remove all rubble and debris resulting from such damage or destruction and shall commence restoration within six(6)months of such damage or destruction and shall complete restoration of such damage or destruction within twelve(12)months after the date thereof,or(ii) forthwith remove all rubble and debris resulting from such damage or destruction and restore the site to a safe,orderly and clean condition as soon as possible and maintain landscaping as required by the City,provided that the time periods described herein shall be deferred for a period,not to exceed an aggregate of three hundred sixty-five(365)days, equal to any delay caused by reason of strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefor,acts of God,governmental restrictions,regulations or controls, 16 ::ODMA\PCDOCS\PORTLAND\553754\8 • • enemy or hostile governmental action,civil commotion, insurrection,revolution, sabotage, fire or other casualty,acts or governmental agencies,or other causes(other than lack of funds) beyond the reasonable control of any such Parcel owner. 9. USE. The Project shall not be used for any activity proscribed on Exhibit H attached hereto and made a part hereof. All uses,buildings,structures and improvements shall comply with all applicable zoning ordinances of the City. 10. NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the Project to the general public or for the general public or for any public purposes whatsoever, it being the intention of Declarant that this Declaration shall be strictly limited to and for the purposes herein expressed. Declarant shall have the right to close any portion of the Project owned by Declarant to the extent as may,in Declarant's reasonable opinion,be necessary to prevent a dedication thereof or the accrual of any rights to any person or the public therein;provided,however, in the exercise of any rights pursuant to this Section 10, shall use commercially reasonable efforts to minimize interference with any of the easements granted by this Declaration. 11. RIGHTS AND OBLIGATIONS OF LENDERS. If by virtue of any right or obligation set forth herein a lien shall be placed upon any one of the Parcels, such lien shall be expressly subordinate and inferior to the lien of any first mortgage lienholder now or hereafter placed on such Parcel except those liens recorded prior to recordation of any such first mortgage. Except as set forth in the preceding sentence,however, any holder of a first mortgage lien on any one of the Parcels,and any assignee or successors in interest of such first mortgage lienholder, shall be subject to the terms and conditions of this Declaration. 12. ENFORCEMENT. The covenants,conditions and restrictions set forth herein shall be enforceable only by Declarant or by the owner of a Parcel,and shall be enforceable by: (a) Injunctive relief,prohibitive or mandatory,to prevent the breach of or to enforce the performance or observance of said covenants,conditions and restrictions;or (b) A money judgment for damages by reason of the breach of said covenants, conditions and restrictions;or (c) Any combination of the foregoing. In addition, in the event any Parcel owner fails to comply with the covenants,conditions and restrictions set forth in this Declaration,Declarant may take such action as Declarant deems appropriate to effect such compliance without waiving Declarant's rights under this Declaration, at law or in equity and without releasing such Parcel owner from compliance with the covenants, • conditions and restrictions under this Declaration;provided,however,Declarant shall not be entitled to cure any such failure unless Declarant has first given the Parcel owner written notice of such failure and such Parcel owner has not cured such failure within ten(10)days of such notice or, in case such cure cannot be effected within said 10-day period and such Parcel owner is diligently pursuing such cure,such additional period as may be reasonably necessary to effect 17 ::ODMAWCDOCS\PORTLAND\553754\8 • • such cure,and provided further that,with respect to a failure by a Parcel owner to maintain insurance set forth in Section 4(b)(i)and Section 7 hereof or with respect to any event, fact or circumstance which involves imminent threat of injury or damage to persons or property, or with respect to a failure by a Parcel owner to comply with the covenants, conditions and restrictions set forth in Section 1(a)hereof,the aforesaid cure period shall not apply. All reasonable costs incurred by Declarant in curing any non-compliance by any Parcel owner with the covenants, conditions and restrictions set forth in this Declaration shall be due from any such Parcel owner upon demand, and,in addition, such Parcel owner shall pay interest on such costs from the date of expenditure by Declarant until the date of reimbursement by any such Parcel owner, at the Interest Rate. The failure of Declarant to enforce any provisions of the covenants,conditions and restrictions herein contained upon the violation thereof as to one or more Parcels(or one or more Parcel owners)shall in no event be deemed to be a waiver of its rights to do so as to a subsequent violation or as to any other Parcel (or any other Parcel owner). Each Parcel owner that fails to comply with the covenants,conditions and restrictions set forth in this Declaration shall pay any and all reasonable costs and expenses incurred by Declarant in connection with enforcement by Declarant of the rights and remedies set forth in this Section 12 against any such Parcel owner including,without limitation,all reasonable attorneys' fees and consulting fees and all court costs and filing fees related thereto. Anything in this Section 12 to the contrary notwithstanding, (i) if any Parcel owner fails to comply with the covenants,conditions and restrictions set forth in this Declaration and Declarant has not taken any action to effect such compliance, then any other Parcel owner shall have the right to cause Declarant to use commercially reasonable efforts to take such action as Declarant deems appropriate to effect such compliance,which action shall be at the sole cost and expense of the requesting Parcel owner and(ii)if Declarant fails to exercise its rights and responsibilities under this Declaration in accordance with the provisions herein contained,then any Parcel owner shall have the right to institute legal proceedings against Declarant to require Declarant to so exercise such rights and responsibilities,but no such proceedings shall subject Declarant to any damages by reason of Declarant's failure to so exercise such rights and responsibilities, it being understood that no Parcel owner shall have any claim,and each Parcel owner hereby waives the right to claim against Declarant for damages by reason of Declarant failing to exercise its rights and responsibilities under this Declaration, and each Parcel owner's only remedy shall be an action for specific performance or injunction to enforce any such failure to exercise Declarant's rights and responsibilities,as aforesaid. 13. PARTIAL INVALIDITY. Invalidation of any of the provisions of the covenants, conditions and restrictions herein contained,whether by order of court of competent jurisdiction,or otherwise, shall in no way affect any of the provisions which shall remain in full force and effect. 14. MISCELLANEOUS. Any consent or approval required of Declarant hereunder may be given by the person(s)or entity(s)holding beneficial ownership in Declarant. Failure by Declarant to respond to a request for any approval or consent required of Declarant hereunder 18 ::ODMAIPCDOCS\PORTLAND\553754 S • • within fifteen(15)days of such request accompanied by all supporting documents and materials required to be furnished to Declarant shall constitute an approval or consent of the matter requested and for which required supporting documentation and materials have been furnished. Declarant may transfer the rights and responsibilities reserved to it hereunder to any other person(s)or legal entity by written instrument recorded in the Office of the County Recorder in Washington County,Oregon,but only if such instrument specifically gives the transferee the right to enforce the provisions. Declarant shall have the right to transfer the rights and responsibilities under this Declaration only to an owner of a Parcel. If Declarant does not otherwise assign the Declarant's rights and responsibilities earlier and record notice thereof in the real property records of Washington County,Oregon,then,upon the recording in the real property records of Washington County,Oregon of the deed pursuant to which Declarant conveys title to the last Parcel owned by Declarant, the owner of Parcel 2 shall automatically become the Declarant,assuming all the rights and responsibilities of Declarant under this Declaration. Wherever a transfer occurs in the ownership of any Parcel, the transferor shall have no further liability for breach of covenant occurring thereafter. Each Parcel owner agrees to look solely to the interest of any other Parcel owner in its respective Parcel for the recovery of any judgment from such owner,it being agreed that the owner of any such Parcel and its partners, directors,officers,members,managers or shareholders shall never be personally liable for such judgment. In the event any Parcel is subdivided after the date hereof,the benefits and burdens created hereby shall benefit and be binding upon any Parcel(s)created by such subdivision,and all references herein to any such Parcel shall mean and refer to the Parcel(s)created by such subdivision, and all rights and obligations of the Parcel owner shall be deemed to be the rights and obligations of the owner(s)of any Parcel created by such subdivision. Declarant shall have the unilateral right to amend this Declaration by recording an executed amendment in the Office of the County Recorder in Washington County,Oregon,unless such amendment would materially and adversely affect any Parcel not owned by Declarant, in which case any such amendment shall require the consent of the Parcel owner so materially and adversely affected thereby,and such amendment shall be of full force and effect,valid and binding upon the execution thereof,notwithstanding that not every owner of each Parcel at the time of such amendment consented to,joined in,or executed the same. However,so long as either the OSB Lease is in full force and effect or the Oregon State Bar owns Parcel 2, an amendment to this Declaration shall require the consent by the Oregon State Bar,which consent shall not be unreasonably withheld,conditioned,or delayed. 15. FAILURE TO PAY AMOUNTS DUE AND OWING. Any amounts due from any Parcel owner under this Declaration which are not paid when due shall bear interest from the due date until the date of payment at the Interest Rate,and such amounts shall be secured by a lien upon such owner's Parcel,effective upon the recording thereof in the Office of the County Recorder in Washington County,Oregon. Any such lien may be foreclosed upon in the same manner as provided for enforcement of mechanics liens or liens securing mortgage indebtedness. 16. RIGHTS RESERVED. Declarant retains, reserves and shall continue to enjoy the use of the Parcels for any and all purposes which do not interfere in any material respect with or prevent the use by the Parcel owners of the easements granted herein. Without limiting the generality of the foregoing, it is understood that Exhibit A is intended only for identifying the 19 ::ODMAIPCDOCS\PORTLAND\553754\8 4C. • • real estate comprising the Parcels and the approximate boundary lines of the individual parcels, and that Exhibit A is not to be considered or construed as a representation,warranty or covenant that the shape,size,location,number and extent of building improvements shown thereon shall be constructed. Except as otherwise limited by this Declaration and the OSB Lease,Declarant reserves the right to change from time to time the dimensions and location of the Common Areas and the location,dimensions,identity and type of any parking areas or buildings(in each case owned by Declarant)in the Parcels and to construct additional buildings,additions to existing buildings,and other improvements in the Parcels,to eliminate buildings from the Parcels owned by Declarant,to increase the land size or otherwise modify the configuration of the Parcels shown on Exhibit A,and to change the name,address, number or designation by which the Parcels are commonly known;provided,however,in the exercise of such rights, Declarant shall not materially and adversely affect access to,visibility of, or parking serving any Parcel. 17. RELOCATION OF EASEMENTS. Declarant reserves the right at any time and from time to time,and subject to the limitations and restrictions provided in this Declaration and the OSB Lease,to relocate all or a portion of the easements(except for the public sanitary sewer easement which shall require the consent of the City of Tigard)granted by Declarant herein,provided that(i)the easements so relocated will be of substantially equivalent usefulness for the purposes stated in this Declaration, (ii)all costs incurred to effect such relocation shall be paid by Declarant,(iii)Declarant shall interfere with the business being operated on the Parcel benefited by the easement being relocated as little as reasonably possible in the exercise of Declarant's rights herein,and(iv)Declarant shall provide prior written notice of any such relocation to the owner(s)of the Parcel(s)benefited by the easement(s)being relocated. 18. ESTOPPEL CERTIFICATE. Declarant, upon the written request(which shall not be more frequent than three(3)times during any calendar year) of any owner of any Parcel, shall issue to such other owner or its prospective mortgagee of such Parcel or purchaser,an estoppel certificate stating,to the best of the issuer's knowledge: (i) whether it knows of any default under this Declaration by the requesting Parcel owner,and if there are known defaults, specifying the nature thereof; (ii) whether this Declaration has been assigned,modified or amended in any way by it and if so,then stating the nature thereof; (iii) whether this Declaration is in full force and effect; and (iv) whether there are any sums due and owing by any owner of any Parcel under this Declaration. 19. NOTICE. All notices and demands herein required or permitted shall be in writing and shall be sent by United States Certified Mail return receipt requested,personal delivery,recognized overnight courier(guaranteeing next day delivery)or facsimile with proof of transmission. Any notice to Declarant shall be delivered to Opus Northwest,L.L.C., 1500 SW First Avenue, Suite 1100,Portland,Oregon 97201,Attention: Vice President, Facsimile Number: (503)916-8964,with at copy to: Opus Northwest,L.L.C., 10350 Bren Road West, 20 ::ODMA\PCDOCS\PORTLAND\553754\8 (ff. • • Minnetonka,Minnesota 55343, Attention: Legal Department,Facsimile Number: (952)656- 4529. All notices shall be deemed given two(2)business days following deposit in the United States mail with respect to a certified mail, one(1)business day following deposit if delivered to an overnight courier guaranteeing next day delivery(with receipt)or on same day if sent by personal delivery or telecopy(with proof of transmission), or on the first date of any rejection. Attorneys for the owner of a Parcel shall be authorized to give notices for such owner. Declarant may change its address for the service of notice by giving written notice of such change to the owners of the other Parcels in the manner above specified. 20. EXHIBITS. The following exhibits are made a part hereof,with the same force and effect as if specifically set forth herein: Exhibit A Project Site Plan Exhibit B Legal Description Exhibit C Private Access Easement Exhibit D Utility Plan Exhibit E Private Water Easement Exhibit F Private Water Easement Exhibit G Public Utility Easement Exhibit H Use Restrictions [SIGNATURE FOLLOWS ON NEXT PAGE.] 21 ::ODMA\PCDOCS\PORTLAND\553754\8 • • IN WITNESS WHEREOF,Declarant has caused this Declaration to be executed as of the day and year first above written. Opus Northwest, L.L.C.,a Delaware limited liability company By: 1 Name: Barte d, Its: Vice President and General Manager : OFFICIAL SEAL STATE OF OREGON ) = �� KRIST1 GAL.LACHER ss. � N COMMISSION NO.3871342 COUNTY OF MULTNOMAH ) MY COMMISSION EXPIRES DEC.13,2005 A6t,ltt I, 14? 4-it ✓ , a Notary Public in and for said County in the State aforesaid,DO HEREBY CERTIFY THAT John Bartell,a Vice President and General Manager of Opus Northwest,L.L.C., a Delaware limited liability company,personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Vice President and General Manager,appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said limited liability company for the uses and purposes therein set forth. Given under my hand and notarial seal this2Uday of ,2007. /NAA/3147 !/Z Notary Public for Q21 .4 My Commission Expires: !u 2./3.Dk* 22 ::ODMA\PCDOCS\PORTLAND\553754\8 . "v • • CONSENT AND SUBORDINATION AGREEMENT The undersigned,WELLS FARGO BANK,N.A. ("Bank") is the Beneficiary under a Construction Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing dated February 12,2007,and recorded in the real property records of Washington County, Oregon on February 14, 2007,under Fee No. 2007-017198 (the"Deed of Trust"). Bank is also the Secured Party under a UCC Financing Statement recorded in the real property records of Washington County,Oregon on February 14,2007,under Fee No.2007- 017199(the"Financing Statement"). The Deed of Trust and Financing Statement encumber the Project described in this Declaration. Bank hereby consents to the Declaration and hereby subordinates the Deed of Trust and the Financing Statement to this Declaration. Upon any sale under foreclosure of the Deed of Trust,any deed-in-lieu of foreclosure,any foreclosure of the Financing Statement or other acquisition of fee title pursuant to the Deed of Trust,Bank or the party acquiring title,and its successors and assigns, shall hold any and all property interest so acquired subject to the terms and provisions of this Declaration. WELLS FARGO BANK,N.A. By: Title: James R.Sasr Date: Vine President ?/2 YA,7 STATE OF Ii ) - -" , / ) ss. County of ) This Subordination was acknowledged b- ode me on yG 2007,by Ju -.4- r : Wells Faigo Bank,N.A., a national banking association,.on behalf of the national ba A'rassociation. Nota , Puy is/r Eris/ s;f My s o iss on Ex": . OFFICIAL SEAL VIRGINIA GOMEZ NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES 0341-2011 23 ::ODMA\PCDOCS\PORTLAND\553754\6 co 4 (' . e r c 00 i 1 N8910'44�' 348.37' PROPOSED PROPERTY LINE ADJUSTMENT '- �� t ; 0 LOCATED IN THE AND THE SE g (/ SECTION 13, AND THE SE � 1/4 OF SECTION 12, Pi, T.2S, R.1W W.M., I) i Mj TIOARD. WASHINGTON .3,04 t . COUNTY. OREGON. • p I 1� v U MARCH 17, 2007 A id Z �/ to ao PARCEL 2 r 9 �� it N7I0.32'•W 2.85.1 ACS N89�4'S5"E ift / PARCEL 1 I 57.94' ` n w 028.3 ACRES � i.,g6 Yp 't 4k 1 r''T9�B' .;, 4;L .tt . t , 2 �S17V4'15"W 423271V ~�^ �s H C ^M / 7 s .3664' j N47'23'22 E fir, t /$ N4J1'O2 � o?4.50' G9Gg^ '1_00 13.82' A' Q� W v N743.10' "W J �F, 24.76' Itp.o y /; 4J 10' Qt�}y 1� 7 �' S4810'291, ' /' PARCEL 3 42.92' '�v. /' 724,220 ST • / / 2.652 ACRES S49'9'55W //" M1 ? er OPUS NW, LLC. ,21.58' � rl 1500 SW FIRST AVENUE 81100 PORTLAND. OR 97201 /O(p PREPARED BY: 34979'35'W z.• , KCD LLC 20.08' / 2407 NE 292ND CAMAS, WA • • EXHIBIT B Legal Descriptions X 2407 NE 292N1 Avenue i • w' Camas, WA 98607 /' 360.834.2519 .-,, fax.834.5498 DEVELOPMENT chalcumbC)verfzon.ne( A CERTIFIED WBE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE_ Parcel 1 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Southeast V4 of Section 12, and In the Northeast '/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, In the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at a point on the Northeasterly line of that Tract of Land described in deed, recorded In Document Number 91063372, Washington County Deed Records, which bears S 42°36'45"E, 67.92 feet from the Northeast Corner thereof; said point of beginning Is N89°30'44"E, 348.37 feet, S00°27'53"E, 217.58 feet, N89°34'55"E, 57.94 feet and 542°36'45"E, 67.92 feet from the 5/8"Iron Rod with a yellow plastic cap Inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along the Northeasterly line of said Tract of Land described in deed, recorded In Document Number 91063372; S42°36'45"E, 113.02 feet; thence leaving said line, along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42"W, 65.58 feet; thence leaving said line, N43°31102"W, 13.82 feet; thence S46°28'58"W, 52.20 feet; thence N43°28'12"W, 24.76 feet; thence S48°00'29"W, 42.92 feet; thence N43°27'21"W, 142.05 feet; thence N17°04'15"E, 102.71 feet; thence S72°55'45"E, 139.68 feet; thence N47°23'22"E, 4.17 feet to • the point of beginning. Containing 28,340 Square Feet(0.651 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. B-1 ::ODMA\PCDOCSIPORTLAND155375418 4( • • Nel r\ :.0.••‘,y 2407 NE 292nd Avenue l Camas, WA 98607 `.... .i; 360.834.2519 . fax.834.5498 DEVELOPMENT chakumb(a verizon.net A CERTIFIED WEE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Parcel 2 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record In Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast 1A of Section 12, and in the Northeast Vs of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington,and State of Oregon, being more particularly described as follows: Beginning at the 5/8"Iron Rod with a yellow plastic cap inscribed"KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts,with the Easterly Right of Way line of the S P&S Railroad Right of Way; thence along the North line of said Lot 35 and the Westerly Extension thereof, N89°30'44"E, 348.37 feet to the Northeast Corner of said Lot 35; thence along the East line of said Lot 35, S00°27'53"E, 217.58 feet to the Northwest Corner of that Tract of Land described In deed, recorded In Document Number 91063372; thence along the North line of said Tract of Land, N89°34'55"E, 57.94 feet to the Northeast Corner thereof; thence along the Northeasterly line of said Tract of Land, S42°36'45"E, 67.92 feet; thence leaving said line, 547°23'22"W, 4.17 feet; thence N72°55'45"W, 139.68 feet; thence S17°07'15"W, 102.71 feet; thence S71°25140"W, 74.00 feet; thence N72°55'45"W, 43.10 feet; thence 564°23'17"W, 9.62 feet; thence N72°55'45"W, 109.69 feet; thence S17°04'15"W, 36.64 feet; thence N72°55'45"W, 124.50 feet; thence N17°04'15"E, 111.56 feet; thence N72°55'45"W, 10.32 feet to the Easterly Right of Way line of the S P& S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 7°54'02" (Chord bears N12°47'31"E, 200.84 feet) a distance of 201.00 feet to the point of beginning. Containing 124,274 Square Feet(2.853 Acres). The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. B-2 ::ODMA\PCDOCS\PORTLAND'.553754\8 e . ____ • • • X .-0,.,,. CI.X- » 2407 NE 292°d Avenue Camas, WA 98607 ' 360.834.2519 fax.834.5498 DEVELOPMENT chaicumb(&verizon.nef< -A CERTIFIED WOE- PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Parcel 3 Property Line Adjustment Legal Description March 17, 2007 A portion of Lots 35, 36, 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated In the Southeast 'A of Section 12, and in the Northeast Y.$ of Section 13, Township 2 South, Range 1 West, Willamette Meridian, In the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at a point on the Easterly Right of Way line of the S P&S Railroad Right of Way which bears S12°47'31"W, 200.84 feet from the 5/8" Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with said Easterly . Railroad Right of Way line; thence leaving said Right of Way line, S72°55'45"E, 10.32 feet; thence S17°04'15"W, 111.56 feet; thence S72°55'45"E, 124.50 feet; thence N17°04'15"E, 36.64 feet; thence S72°55'45"E, 109.69 feet; N64°23'17"E, 9.62 feet; thence S72°55'45"E, 43.10 feet; thence N71°25'40"E, 74.00 feet; thence S43°27'21"E, 142.05 feet; thence N48°00'29"E, 42.92 feet; thence S43°28'12"E, 24.76 feet; thene N46°28'58"E, 52.20 feet; thence S43°31'02"E, 13.82 feet; thence along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42"W, 438.99 feet; thence continuing along said parallel line, S49°19'S5"W, 21.58 feet to the Centerline of Vacated S.W. Fanno Creek Place; thence along said line, N44°57'03"W, 381.99 feet to the Easterly Right of Way line of the S P &S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 9°39'32" • (Chord bears N21°34'18"E, 245.45 feet) a distance of 245.74 feet to the point of beginning. Containing 124,220 Square Feet(2.852 Acres). . The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. • B-3 ::ODMA\PCDOCS\PORTLAND\553754\8 • • EXHIBIT C-1 Private Access Easement -1 ,.o...\ 2407 NE 292nd Avenue Camas, WA 98607 ` 360.834.2519 fax.834.5498 • DEVELOPMENT chalcum be verizon.net ACERTIFIED WBE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Fanno Creek Place Private Access Easement Legal Description March 17, 2007 A portion of that tract of land described in deed to Opus Northwest L.L.C., recorded in Document Number 2006-128779, Washington County Deed Records, being also a portion of Lot 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated In the Northeast Vs of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8"iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Centerline of vacated Fanno Creek Place with the Northwesterly Right of Way line of S.W. Upper Boones Ferry Road, a 60.00-foot wide public roadway; thence along the Centerline of said Fanno Creek Place, N44°57'03"W, 22.06 feet; thence leaving said line, along a line parallel with and 22.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line, N49°19'55"E,21.58 feet to an angle point; thence continuing along said parallel line, N48°41'42"E, 473.99 feet the True Point of Beginning; thence N42°46'17"W, 110.44 feet; thence N72°55'45"W, 43.31 feet; thence N16°16'03"E, 24.00 feet; thence S72°55'45"E, 55.50 feet; thence N47°23'22"E, 4.17 feet to the Northeasterly line of that tract of land described in deed to Opus Northwest L.L.C., recorded in Document Number 2006-128779, said Records; thence along said line, S42°36'45"E, 113.02 feet; thence along a line parallel with and 22.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line, S48°41'42"W, 30.58 feet to the True Point of Beginning. Containing 4,622 Square Feet. The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. C-1 ::0DMA\PCDOCSTORTLAND\553754% V • • EXHIBIT C-2 • Drawing of Private Access Easement q0 FANNO CREEK PLACE z PRIVATE ACCESS EASEMENT 1'e60' MARCH 17, 2007 S72 55'45 E 55.50' N4723 22°E 4.17' PARCEL 2 N124 003"E_f///// t , 24..00' 4JJ)•PRIVATE l ti ss � �f ACCE ,I EASEMENT is,IPIN tt 4 622 o• PARCEL 1 ' p 'Y A . T.P.O.B.�� A� y0 9A0 5Q' z< S)\-1. / o�°�GP fel P ARCEL 3 A15. 4p'l „� peat �` of Si) Q� ? � / / od / / �y ti's' ��QQ/�G��/ PREPARED FOR: �, �,4'y j OPUS NORTHWEST ���\ N49'19'S5 E' / PREPARED 8Y.� •� 4 .e.' �58 / / iv :Lai �� \iv '-6. / / < (0)■ N447''55 X03"\ / `t? / DEVELOPMENT / P.O.B. / 2407 NE 292nd Avenue / /5/13" IRON ROD W/YPC Camas,WA 98607 7CC DEVELOPMENT' 360.834.2519 C-2 ::ODMA\PCDOCS\PORTLAND\553754\s kir a h n 1 i en • PROPOSED ci, 1 PR!VAIE DRAINAGE U11UTY EXHIBIT,!! SYSTEM(SEE CCdrR'S) FOR .5 FANNO CREEK COMMONS 2 1..100• _ 1 LOCATED IN THE NE 1/4 OF Q SECTION 13. AND THE SE y I r I 1/4 OF SECTION .II , N. 12, T.25, R.fW., W.M., i. L TIGARD. WASHINGTON • 2 fe I I COUNTY OREGON. ' Q • // : ! IO i I rr LANDSCAPE EASMENT MARCH 20, 2007 < F� I • DOC NO. 2006-128780 CY v 11 BUILDING A LEGEND: \ • • �RWE PRIVATE /TN' I WATER EASEMENT Q. I , I I 1.r. 7 �� \ 'PM' PUBLIC SANTARY a , I I / 1 ice` SEI&ER EASEMENT• A a �t�`` C, i f L . 1..l . gal .2. `� �� 1g , 'p .2 r J • ! EXISTING +'�, , ..- / Q I �.^�� ♦ BUILDING k W a l I ` ` BUILDING B� •�'. Q�1�' �� ./(1( t 4. ,, do ... NA + \ Q �' / t✓ v■N rt it . ++ ` o � / % .'v� P' / / +`+ +� PRIVATE DRAINA /��CI� O• PREPARED FOR: / ;/• Ate`+`N+ S. ?STEM(SEE CUR'S) OPUS NW, LLC. EASEMENT++`++`�++`+ '� / JQQ�L 1500 SW FIRST AVENUE. ®1100 " ' 15.00' DOC. NO. `. \+++ /1' /' 4 . PORTLAND, OR 97201 r 2008-128782 ♦ �J °��STORM DRAINAGE ...\•:„:".., i PREPARED BY: EASEMENT / KCD LW 2oDOC. NO. +`• ' 2407 NE 292ND AVENUE `. ' CAMAS, WA 98607 • • EXHIBIT E-1 Private Water Easement \ ,.■,,\, 2407 NE 292"0 Avenue k�;r.. Camas, WA 98607 ` ' ` 360.834.2519 fax.834.5498 DEVELOPMENT chalcumb(o)verizon.net -A CERTIFIED WOE-. PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Fanno Creek Place Private Water Line Easement Legal Description March 13, 2007 A portion of Lots 36, 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Northeast '.4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian,in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8" Iron Rod with a yellow plastic cap inscribed"KC Development" marking the Intersection of the Centerline of vacated Fanno Creek Place with the Northwesterly Right of Way line of S.W. Upper Boones Ferry Road, a 60.00-foot wide public roadway; thence along the Centerline of said Fanno Creek Place, N44°57'03"W, 22.06 feet; thence leaving said line, along a line parallel with and 22.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line,N49°19'55"E,21.58 feet to an angle point; thence continuing along said parallel line, N48°41'42"E, 297.42 feet the True Point of Beginning; thence N41°18'18"W, 33.27 feet; thence S48°04'31"W, 3.46 feet; thence N43°27'21"W, 106.42 feet; thence S46°32'39"W, 4.50 feet; thence N43°27'21"W, 61.21 feet; thence N71°25'40"E, 16.54 feet; thence S43°27'21°E, 145.38 feet; thence N46°32'39"E, 12.17 feet; thence S43°27'21"E, 49.40 feet; thence 548°41'42"W, 20.47 feet to the True Point of Beginning. ' Containing 2,839 Square Feet. The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. E-1-1 ::ODMA\PCDOCS\PORTLAND\553754\8 V( • • EXHIBIT E-2 Private Water Easement 0� FANNO CREEK PLACE z PRIVATE WATER LINE EASEMENT 1-=60' MARCH 13, 2007 PARCEL 2 too- 4.. PARCEL 1 y , 1 sr 6i' .. w` pa2j?/ //1 !. 546U2:39"W I r 4.50' !T PRIVATE y `5� �`�' 46 32'39 E�/ WATER ��iy"� I 1 Zv7 EASEMENT 4''G. 2.839 SF v 1�. PARCEL 3 448 Oi'31p�W /��;j7% 3.441 - Ill ,, N4fyeY8'w„ / p . • 33.27'„ �I. p1 T.P.O-8. ga ,P' / ■ d�`�� o9 �9�pry OF*P.L �yS / / S / N. \ e / AN 1, irie. Z PREPARED FOR: Cr'Q■''��O\ N49'19'55" Sr/ / OPUS NORTHWEST \ y0 .�\\ 1.58' `�? " PREPARED 8Y: \\�� O\ \ , "b / 44 \ $/ A�� N443 05' / / 22.06' DEVELOPMENT P.0.8. -�A CERTIFIED W198/ / 5/8"IRON ROD W/YPC 2407 NE 292nd Avenue 7CC DEVELOPMENT- Camas WA 98607 / / 360.834.2519 Fez-834.5498 • E-2-2 ::ODMA\PCDOCS\P0RTLAND1553754\8 1 V • • EXHIBIT F-1 Private Water Easement 2407 NE 292nd Avenue .;; Camas, WA 98607 360.834.2519 fax.834.5498 • DEVELOPMENT chalcumb(awerizon.net A CERTIFIED WOE PROVIDING SURVEYING AND PLANNING SERVICES VfITH A PERSONAL COMMITMENT TO EXCELLENCE Fanno Creek Place • Private Water Service Easement Legal Description April 9, 2007 A portion of Lot 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Northeast IA of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8" Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Centerline of vacated Fanno Creek Place with the Northwesterly Right of Way line of S.W. Upper Boones Ferry Road, a 60.00-foot wide public roadway; thence along the Centerline of said Fanno Creek Place, N44°57'03"W, 22.06 feet; thence leaving said line, along a line parallel with and 22.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line, N49°19'55"E, 21.58 feet to an angle point; thence continuing along said parallel line, N48°41'42"E, 412.40 feet to the True Point of Beginning; thence leaving said line, N43°31'02"W, 12.79 feet; thence N46°28'58"E, 10.00 feet; thence S43°31'02"E, 13.18 feet to said parallel line; thence along said line, S48°41'42"W, 10.01 feet to the True Point of Beginning. Containing 130 Square Feet. The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. F-1-1 ::ODMA\PCDOCS\PORTLAND1553754\8 116 • • EXHIBIT F-2 Private Water Easement qr) FANNO CREEK PLACE PRIVATE WATER SERVICE EASEMENT 1"-60' APRIL 9. 2007 PARCEL 1 P.L.A. 5433102"E i0.0' 1318' WATER N467 OW— EASEMENT 10.00=\ 130 SF N43:31'02"W 12.79' \`i; 1a f: C!� T P.O.B. S ‘0' PARCEL 3Q,. Z P.L.A. ".,� o / AO 4*;( ckQ� / Astir o� �� / 0 �c" A 4i• �Q"4"' 0,/v(<51:$ / 4 Q ���C.. / N4919'557 / f 21.58' `t?/ 7 moo. ` / N44 57'03"W `4 / PREPARED FOR: � 2206' ' °�� 1500 SW FIRST AVENUE. #11OC 11 /6„....// / PORTLAND. OR 97201 \ PREPARED BY P.O.B. KCD LLC • /,,..5/13. IRON ROD W/YPC 2407 NE 292ND AVENUE '7CC DEVELOPMENT" CAMAS, WA 98607 F-2-1 ::ODMA\PCDOCS\PORTLAND\553754\8 e _. • • EXHIBIT G-1 Public Utility Easement 2407 NE 292nd Avenue Y. Camas, WA 98607 / 360.834.2519 •• fax.834.5498 DEVELOPMENT chalcumb(averizon.net: A CERTIFIED WEE-• PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Fanno Creek Place Public Utility Easement Legal Description April 10, 2007 A portion of that tract of land described in deed to Opus Northwest L.L.C., recorded In Document Number 2006-128779, Washington County Deed Records; being also a portion of Lot 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Northeast V4 of Section 13,Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of . Oregon, being more particularly described as follows: Beginning at the 5/8"Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Centerline of vacated Fanno Creek Place with the Northwesterly Right of Way line of S.W. Upper Boones Ferry Road, a 60.00-foot wide public roadway; thence along the Centerline of said Fanno Creek Place, N44°57'03"W, 22.06 feet to the True Point of Beginning; thence along said Centerline, N44°57'03"W, 8.02 feet; thence leaving said line, along a line parallel with and 30.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line, N49°19'55"E, 22.14 feet to an angle point; thence continuing along said parallel line, N48°41'42"E, 504.34 feet to the Northeasterly line of that tract of land described In deed to Opus Northwest L.L.C., recorded in Document Number 2006-128779, said Records; thence along said line, 542°36'45"E, 8.00 feet; thence leaving said line, along a line parallel with and 22.00 feet distant and Northwesterly from said S.W. Upper Boones Ferry Road Right of Way line, S48°41'42"W, 504.56 feet to an angle point; thence continuing along said parallel line,S49°19'55"W, 21.58 feet to the True Point of Beginning. Containing 4,210 Square Feet. The Bearings are based along the Centerline of SW Upper Boones Ferry Road per Washington County Survey Number 20596. CI-1-1 ::ODMA\PCDOCS\PORTLAND\553754\8 • • EXHIBIT G-2 Public Utility Easement r FANNO CREEK PLACE PUBLIC UTILITY EASEMENT EASEMENT 1"=100' APRIL 10, 2007 / I I I / I PARCEL 2 I / / • I / 54236'45`E 8 0#' PARCEL 1 'll 22.0' fl fpfp�yl 1 I PARCEL 3 ?,�of �OP� `� ,Il 0 . 011 e` N re+41kekl% •R ill .\ c?<0,, 4.210 P.U.E dlfl� V%�/ /04b' \\ 9,C�yQ 4.210 SF ' lfll I \ \ „till. ,d o -Sp•41. N4919 55 E• gill �� / 22.14 \ Ill N445r03"W, �\s f pfi o- T.P.O.B.—k" S49'19'55" N4457'03"W / 21,58' PREPARED FOR: 22.06' P.O.B. OPUS NW, LLC. 5/6" IRON ROD W/YPC 1500 SW FIRST AVENUE; 1100 ''KC DEVELOPMENT" PORTLAND, OR 97201 PREPARED sr / , KCD LLC 2407 NE 292ND AVENUE / / CAMAS, WA 98607 G-2-1 ::ODMAIPCDOCSIPORTLAND155375415 q • • • EXHIBIT H Use Restrictions The following uses shall be prohibited,as either primary or accessory uses,whether or not the same are permitted by the underlying zoning: automobile sales or leasing,automobile ' repair or body shop,adult establishment,adult motion picture theater,adult novelty business or bookstore,amusement device establishment,cabinet, electrical,heating,plumbing,upholstery or air conditioning sales or service shop, fix-it shop,liquor store,open sales lot,pawn shop,drive- thru restaurant, warehouse,taxi terminal,tattoo parlor,currency exchange or tobacco shop. H-1 ::ODMA\PCDOCSTORTLAND\553754\8 V7/ • • Exhibit"A" A portion of Lots 35, 36, 38 and 39, FANNO CREEK ACRE TRACTS, a plat of record in Washington County,TOGETHER WITH a portion of that vacated right of way described in Fee Numbers 99049066 and 2006-039844, Washington County Deed Records, and situated in the Southeast 1/4 of Section 12 and in the Northeast 1/4 of Section 13,Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at the 5/8" iron rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 25, FANNO CREEK ACRE TRACTS, with the Easterly right of way line of the S P and S Railroad right of way; thence along the North line of said Lot 25 and the Westerly extension thereof North 89°30'44" East 348.37 feet to the Northeast corner of said Lot 35; thence along the East line of said Lot 35 South 00°27'53" East 217.58 feet to the Northwest corner of that tract of land described in deed recorded as Document No. 91063372; thence along the North line of said tract of land North 89°34'55" East 57.94 feet to the Northeast corner thereof; thence along the Northeasterly line of said tract of land South 42°36'45" East 67.92 feet; thence leaving said line South 47°23'22" West 4.17 feet; thence North 72°55'45"West 139.68 feet; thence South 17°07'15" West 102.71 feet; thence South 71°25'40" West 74.00 feet ;thence North 72°55'45"West 43.10 feet; thence South 64°23'17" West 9.62 feet; thence North 72°55'45"West 109.69 feet; thence South 17°04'15" West 36.64 feet; thence North 72°55'45" West 124.50 feet; thence North 17°04'15" East 111.56 feet; thence North 72°55'45" West 10.32 feet to the Easterly right of way line of the S P and S Railroad right of way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a central angle of 7°54'02" (chord bears North 12°47'31" East 200.84 feet) a distance of 201.00 feet to the point of beginning. • • , • • i • `SST AMBR1� 1 9 First American Title Insurance Company of Oregon ,---•,-;;;•.Z....,. `!^ An assumed business name of TITLE INSURANCE COMPANY OF OREGON - Y :''` 200 S W Market St S I yam- Suite 250 Portland,OR 97201 . �\ G� �` � /t/ Phone: (503)222-3651 • • This map is provided as a convenience in locating proper ty • First American Title Insurance Company assumes no liability for any variations as may be disclosed by an actual survey ( • . MAP 2S 1 13AB . • • • . • V S l Y i < < <•• .�,..1,t_J ,� ,`' ,1 �.i ••1 i .¢ '.` \/,/ • • ` . ,,f, �••"'..,..'",:,•, � \`J,h,v ',Z, I„ / ' ♦`ice' `;<;`C. �i, `�' r as ,. 14(i4 /, „• .'.• —• ;�=`.r-y ,' `I , ,- - sue• '' ,r',•,,•s„':., _ 35 r+;( ,,,<(♦�'w • 1 14 J,)• ; ` • / twos _ 242.07r,1._ry ' \ " • % ^j , `;4 • ' ` ' '<, ' ``' �` ° \7t/7 _ 1 _J i I_ _._______2it4ZL_�_.– • p; '+`L—'s• T1 Y' li. • ,),1.` 412.68 , : y--,C •• 1p� "IC818,203/ • `'' filo I\ ,.300��:'. .): i�` 200 ' .66 AC ;,$ --_-- 36 l\ 38 __ \ sb Rir .'\\&. r � \r /J \ ,, .x.� l : -I ,4 'ri \ CCs 12395) \�\ I • \ �° \�. / r r\ \ Q • ` ''r `~,' s ter' •' , <` � \\ j I \ 04 \ 0,01 \63. `�J /1 b00r J �� a� ;�r, y \\, -0,4;05 9 AC L'' `� I\� - \ . \� i 1.38 \ \S�� ) \ P _ C,.. 1 1.38 AC \ r/ \`�e �� . ' .kC?% \I\ • a'1 AMFR/C rs r �''-- 4; First American Reference No.: 327803 Plotted Easements ' Title Company County: Washington j1 ..._ - __ -____ _...___...�_..... _• -— - Legend •-ti, PARCEL I W E PARCEL II (Not Plottable) S f.;,�`; •j Y 11/15/1977 Bk1216 Pg0696 ,,,A1--).>`,,,, ,''',,,:' �f.(< ;; ,x. = r A,Y. ` "WM #77018056 . '` ewe ermane rip '. J ,J � „ J .' `, ^ ` 3485 '" ' ;`�...yA_'.�....s_`" .:--Z---=Jr • , , . ,, . . •..' '. , a' ;t om , 7 >, < ��� 12 696 • W85 ^, f t 11/15/1977 Bk 16 Pg0 r i #77018056(Sewer(Tem ora•W :e,m P rY))••,4 .. T 04/21/1999 #99049036 /,' �J ,p `';,',-,r/�� W* `'', �" -r=t•`=-,--,,, VA/. (04/06/2006#039844) _' 35 N�' ,- A >; `r < ------------ 'psvt2 '.. (Public& Utility) • ��\ „ C:,..; 13+1Ae 242.0t('�,15 _ui. .; 1 �J .. ,J ',, / '. 1 ~ * `^A '{;Y.y” ^`�V ��el• 7J(/ 1, y; ��� I ,{, •,'I I SAC. 'i4- Pr 02/15/2007#017259 •<"Y - 0..: = 2 �� (Sanitary Sewer) ♦J �_..• _ _ �' �, _ �e� _ _ _1._ _ _ }, _._ �� u /��ay` :. 07/25/2007#081680 ! (Sanitary Sewer) f.,...-'12:' 412.410 %Y^ .�, • 0� 1' ! Q ..10516,281) / 1/ 300 aoe 5.a-i,@c 4.1' \ s f/i,„,..t„�/; j> g \ 200 . �,� ' 6 ./.1 .66 AC ;� • r ` 3$ la f1 f ' r t^ r 1 N ..r /) C > r r ! ,,�r ! '< � N. ,r,Jy� °o . `/ '^.�5 v\ r,,� f +' tC512.395► \ -zz.. r ,//f ,s•v, / \t' ■k „,, ."•\ /1\r i I" \ ' \\.2.r...k ., ,- 6,>"<:4",,;',.\ i \ ...e- R"9:f"7 This map may or may not be a survey of the land depicted hereon. Tax ID: R513144 Map Not You should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted. First Short Legal:A Portion of County of Washington To Scale American Title expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map.