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MMD2011-00005 AFFIDAVIT OF MAILING II In 4 I, Patricia L. Lunsford, being first duly sworn /affirm, on oath delose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the folowing: ;('heck \ppn,j na IA)s(S) l3eluu) © NOTICE OF DECISION FOR: MMD2011- 00005 /CHARTER MECHANICAL (Fde Nu. /Name 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 April 29, 2011, and deposited in the United States Mail on April 29, 2011, postage prepaid. ' 01 • (Person that repare.'e) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn /affirmed before me on the (40 day of 1 (L� , 2011. Y I "�.., OFFICI SEAL .r^^a'? SHIRLEY L TREAT ) (() NOTARY PUBLIC - OREGON ()) i ', , n e 9 ( COMMISSION NO.459846 f l�l �(�� MY COMMISSION EXPIRES JULY 06, 2015 9 NOTARY PUBL C OF OREGON My Commission Expires: '7 ((pi EXHIBIT A NOTICE OF TYPE I DECISION . 1 MINOR MODIFICATION (MMD) 2011 -00005 1114 . CHARTER MECHANICAL T I GARD 120 DAYS = 08 -19 -2011 SECTION I. APPLICATION SUMMARY FILE NAME: CHARTER MECHANICAL CASE NO.: Minor Modification (MMD) MMD2011 -00005 PROPOSAL: The proposed project is for minor site modifications to the existing building and adjacent paved lands at 7930 SW Hunziker. APPLICANT: Charter Mechanical Contractors, Inc. 9636 SW Herman Road Tualatin, OR 97062 OWNER: Gould Family Properties VI, LLC 527 Alande Ave. Charlotte, NC 28206 LOCATIONS: 7930 SW Hunziker, WCTM 2S101CA, Tax Lot 00400. ZONING DESIGNATION: I -L: Light Industrial District. The I -L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.530 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request, subject to the Conditions of Approval listed below. The findings and conclusions on which the decision is based are noted in Section IV. CONDITIONS OF APPROVAL PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. The applicant shall insert slats within the proposed 6 -foot high chain link fence enclosing the southern parking area, in order to provide necessary screening of the parking lot 2. The applicant shall call for final inspection by the Planning Division prior to final building inspection. MMD2011 -00005 Charter Mechanical Page 1 of 4 • THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 7930 SW Hunziker Road, at the southwest corner of Hunziker and Wall Street. The project site is 4.67 acres, with an existing building occupying approximately 75,000 square feet. The existing building was built in 1959 and housed Coe Manufacturing for almost 50 years. Red Rock Creek flows near the western boundary of the project site. Proposal Description: The proposed project would result in the following changes to 7930 Hunziker Road as part of tenant improvements to the interior of the building: ➢ Charter Mechanical would occupy approximately 39,500 square feet of the existing 75,000 square foot facility. ➢ A new 5' by 36' concrete landing, stairs, accessible ramp and awning would be constructed on the north face of the building. ➢ A new 6' high chain link fence with two gates would enclose an area that is partially paved, and partially gravel. This newly enclosed area would be restriped for parking and outdoor materials and product storage. ➢ Restriping of existing pavement to provide parking stalls in the existing parking lot on the north side of the project site, and on existing paved areas adjacent to the eastern side of the building. ➢ The paving of existing graveled areas is not a part of this project. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. 3. A change that requires additional on -site parking in accordance with Chapter 18.765. The proposal does not require additional on -site parking as it will not result in a change of use. Therefore, this criterion does not apply. MMD2011 -00005 Charter Mechanical Page 2 of 4 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20 %; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off -site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off - site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; As there is no change in use, the proposal does not increase vehicular traffic to and from the site by 100 vehicles per day. Therefore, this criterion is satisfied. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; There is no increase in floor area. Therefore, this criterion is satisfied. 9. A reduction in the area reserved for common space and /or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 %; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: a. Recreational facilities; b. Screening; and /or c. Landscaping provisions. The proposal does not reduce the project amenities. Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. Staff has reviewed the history of this site and found no previous conditions that would be modified by this application. Therefore, this criterion does not apply. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. MMD2011 -00005 Charter Mechanical Page 3 of 4 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON APRIL 29, 2011 AND BECOMES EFFECTIVE ON APRIL 30, 2011. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. ,� April 29, 2011 APP :. ED BY: ohn Floyd DATE / Assistant Planner 503 - 718 -2429 johnfl ,tigard or.gov MMD2011 -00005 Charter Mechanical Page 4 of 4 �, / V' r` VICINITY MAP ` ' , MMD2011 -00005 j CHARTER MECHANICAL • y • 4 R STy N. l jj j Subject Site Irk► t1!!!!!ill�•4.,. t-, 4 P. id ir, , ,. 4 ,.. •• ., „., tr ._ ! l +• . ' ; ♦♦ ##!!!!!'` 1 ij! gwvr, CRESTVIELV 51 Q - ! ., Information on this map is for general location I-- only and should be verified with the ,4 Development Services Division. N Approx. Scale 1:4,000 - 1 in = 333 ft VAR N 5 5 r Map punted at 01:17 PM on 29- Apr -11 e ` DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD • CC MANS NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE • CONTENT. ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF DATA PROVIDED HEREIN THE CITY OF TIGARD SHALL AUME ' :iJ T LIABILITY FOR ANY ERRORS OMISSIONS, OR IINACCURAC ES IN THE • } INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. Q J City of I Igard , n 131 25 SW Hall Blvd 0 Feet so o TIG % I MA PS Tigard, OR 97223 . • • 503 639 -4171 www.tigard- or.gov 1 IL \kD CITY OF TIGARD Approved [ j Conditionally Approved I)( I For only the work as described PERMIT NO. /[4 44/0 OU C'G 5 " G . See Letter to: Follow ( I ''' A Job Add hi .......... [ 1 DgF - -- — — — — _ By: L' _, Date: 4'� 9 ,. / "> J/' VII -- _ r ........... .....w. I ,a 19 20 21 .22 z,' .. - J1 v / tat. '1111 1111111111V , � m.. a, mot' �� i "° > / • / • ` 18 Ili °d'° �1 • TO u_ C ... 1_+- - Hrotta+.4%, Z L w Exi Building (Tax Lot ID 2S101CA00400) s 54 55 0 62 53 BO 61 i , 58 1 59 58 $ 57 1:„.„_„ 54 55 / 48 I 49 IS 47 ea 42 43 a l 41 40 -7 - -- 39 33 " 37 36 R"" ■ . 1 m iii% �:o.`.ero ■ 28 / ' G ° � � 25 2 7 \ ':ry J VP. r.. . t - , . VMS. .., . .... , ..w. C d 4J 4--; V) Site Plan 0001 Charter Mechanical Contractors, Inc. MMD2011 -00005 9636 SW Herman Road CHARTER MECHANICAL Tualatin, OR 97062 EXHIBIT i Gould Family Properties VI, LLC 527 Alande Avenue Charlotte, NC 28206 Russell Family Living Trust Dawn New Hunziker LLC Wells Apartments LLC ET AL East Wenatchee, WA 98802 2S101CA00400 RUSSELL FAMILY LIVING TRUST DAWN NEW HUNZIKER LLC WELLS APARTMENTS LLC ET AL EAST WENATCHEE, WA 98802 Zi n .. 4 • ,rj f.,.. . . . - -. r S q 1" ' w IMO , ,,,, ,, , kki.. ., . - :„ , 7 k . , ti .... . 0 ,„ , .., , !V se w rti , / ,., . ,,, '.- ' "' ' ,,,,,,,,,,,:;:,, ,.. 1:: '..-.-'; 1- f at "; +� . 7 924 , q# it f - - -.. Feet 0 $3 RECEIVED 11 II City of Tigard MAR 2 9 2011 M Modificat — T of �1R TIGARD J� 1 'k C'.. ,E',: `.#°,r`+'"Gr.,. ,,.,k '?^.. ° . 4 k xx'=L i"" {•,c -s'+�a m«,p.vh. . #_<. .. .. .. w, -e .. , .ten -. .. v'k .. r --. y. GENERAL INFORMATION In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Property Address /Location(s): Ti 18 of the Tigard Development Code. To complete 7930 SW Hunziker Rd., Tigard, OR 97223 this review, the Applicant's proposal must include a Tax Map & Tax Lot #(s): 2S101CA00400 discussion indicating how the site expansion /change will continue to comply with the maximum setback, building Site Size: 4.28 acres height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant*: Charter Mechanical Contractors Inc. storage, non - conforming situations, signs, and tree Address: 9636 SW Herman Road removal may also be applicable depending on the type and City /State:TUa l ati n , OR zi 97062 location of the proposed modifications. Primary Contact: Richard Smoke Phone: 503- 709 -3504 Fax: 503 - 691 -1717 E_M a il : richard .smoke @chartermechanical.com Property Owner /Deed Holder(s) *: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) Gould Family Properties VI, LLC (Applications will not be accepted without the Address: 527 Al ande Ave. Phone:704- 342 -4^ 21 following required submittal elements) City /State: Charlotte, NC Zip: 28206 ` ® Application Form ® Owner's Signature /Written Authorization * When the owner and the applicant are different people, the © Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in Site Plan (4 Large Plans & One — Reduced to 8W' x 11 ") possession with written authorization from the owner or an © Applicant's Statement /Narrative (4 copies) agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a © Filing Fee $599.00 written authorization with this application. • Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion FOR STAFF USE ONLY or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) — Site Development Case No.(s): 000 Review or Section 18.330.020(B)(2) — Conditional Use. If the modification exceeds the maximum allowed under any one or Other Case No.(s): more of the criteria, a Major Modification review is required. c� (�� Major Modifications are processed in the same manner as a Receipt No.: new Site Development Review or Conditional Use Permit. Date: 3/! Applicant's Statement: Application Accepted By: S - (� The applicant's statement must include a summary of the Date Determined Complete: proposed changes. Criteria in either 18.360.050(B) or Revised: 7/1/10 18.330.020(B) (2) must be addressed with a detailed response - \curpin \ masters \land use applications \minor modification app.docx to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov I Page 1 of 2 To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: o The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. e If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. o The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DA I'ED this ) day of 0 (i_Hi Owner's Si . iaiure • Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature • • • City of Tigard �1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 1 www.tigard- or.gov 1 Page 2 of 2 CITY OF TIGARD RECEIPT ,i ,�,; 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 181962 - 03/29/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2011 -00005 Minor Modification to an Approved Plan 1003100 -43116 $522.00 MMD2011 -00005 Minor Modification to an Approved Plan - 1003100-43117 $77.00 LRP Total: $599.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 60735 STREAT 03/29/2011 $599.00 Payor: Charter Mechnical Contractors Inc Total Payments: $599.00 Balance Due: $0.00 Page 1 of 1 PUBLIC FACILITY PLAN Project: MMD2011 -00005 Charter Mech COMPLETENESS CHECKLIST Date: April 13, 2011 GRADING ❑ Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ® Geotech study submitted? Not required. STREET ISSUES ® Right -of -way clearly shown. ❑ Centerline of street(s) clearly shown. ❑ Street name(s) shown. • Existing /proposed curb or edge of pavement shown. ❑ Street profiles shown. N/A I I Future Street Plan: Must show street profiles, topo N /A. Not required for minor mod. on adjacent parcel(s), etc. ® Traffic Impact and /or Access Report Because the proposed land use remains consistent with the previous land use, there is no increase in trip generation rates. No traffic study is required. ❑ Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? ❑ Private Streets? Less than 6 lots and width appropriate? ® Other: Street improvements I concur that an agreement be executed with the developer to ensure that the requirements of MLP2004 -00008 be incorporated into the minor mod decision. This would ensure that future street improvements on Hunziker Street are a condition of approval for any future SDR or Major Modification approved for the site. SANITARY SEWER ISSUES ❑ Existing /proposed lines shown. N /A. Tenant improvements primarily. Facility is already served by sewer. ❑ Stubs to adjacent parcels required /shown? N/A WATER ISSUES I Existing /proposed lines w/ sizes noted? N /A. Building is already connected to water service. ❑ Existing /proposed fire hydrants shown? ❑ Proposed meter location and size shown? ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing /proposed lines shown? ❑ Preliminary sizing calcs for water quality /detention REVISED: 04/13/11 provided? ® Water quality /detention facility shown on plans? N /A. No additional impervious area is proposed. ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required /shown? The submittal is hereby deemed ® COMPLETE ❑ INCOMPLETE By: vyt�✓ P - £La --�. -- Date: April 13, 2011 V REVISED: 04/13/11 RECEIVED Summary Narrative Statement of Proposed Changes M: =' R 2 9 2011 Charter Mechanical Contractors, Inc. CITY OF TIGARD 7930 Southwest Hunziker Road, Tigard Oregon 97223 N I'IENGINEER1NG Charter Mechanical Contractors, Inc. is a tenant leasing approximately 39,500 square feet of an existing facility at 9730 SW Hunziker Road. The balance of the facility will be occupied by the owner, Sunbelt- Turret Steel. Description of Site 7 q 4740 SW Hunziker Road is an existing light industrial facility originally built in 1959 to approximately 28,000 square feet and expanded through 1978 to approximately 75,000 square feet. The site comprises 4.67 acres. Proposed Activities Charter Mechanical proposes the following activities: 1) Construct a new 5' -0" x 36' -0" concrete landing, stairs, accessible ramp and awning on the north face of the building in an existing paved parking lot. 2) Erect a new 6' -0" high chain -link fence in the south yard area of the site on an area that is partially paved, partially graveled. 3) Restripe portions of the existing paved areas to designate code - required parking spaces. 4) No new paving is proposed. Minor Modification Evaluation Criteria Charter Mechanical's proposed activities meet the criteria for a minor modification per Tigard Municipal Code, Section 18.360.050(B) as follows: 1) The facility is not a residential dwelling; there is no increase in unit density. 2) The facility is not a residential dwelling; there is no change in the ratio or number of dwelling units. 3) The changes require no additional on -site parking. 4) There is no change in the type on industrial /commercial structure. 5) There is no increase in building height. 6) There is no change in the type or location of accessways or parking areas. 7) There is no increase in the type of vehicular traffic to or from the site exceeding 100 vehicles per day. 8) There is no increase in the floor area. 9) There is no reduction in area(s) reserved for common open space or usable open space. 10) There is no reduction in project amenities (recreational facilities, screening, landscaping provisions). Charter Mechanical's proposed activities meet the criteria for a minor modification per Tigard Municipal Code, Section 18.330.020(B)(2) as follows: a) There is no change in land use. b) There is no increase in dwelling unit density. c) There is no change in the type or location of accessways and parking areas. d) There is no increase in the floor area. e) There is no reduction in area(s) reserved for common open space or usable open space. f) There is no reduction in specified setbacks. g) There is no reduction in project amenities (recreational facilities, screening, landscaping provisions). h) There is no increase in density. II ^ 1 8 L. '_ L-1 u L -- G // Clean Water Services File Number C1eanWater Services I �'� ° ° y -- _. , . nsit6ve Area Pre - Screening Site Assessmen 1. Jurisdiction: Tigard 2. Property Information (example 1S234AB01400) 3. Owner Information Tax lot ID(s): 2S101CA00400 Name: Ken Tantare Company: Gould Family Properties Address: 105 Pine Street Site Address: 7930 SW Hunziker Road City, State, Zip: Imperial, PA 15126 City, State, Zip: Tigard, OR 97223 Phone /Fax: 877-577- 4140/503- 477 -7965 Nearest Cross Street: Wall Street E-m ktantare @turretsteel.com 4. Development Activity (check all that apply) 5. Applicant Information Li Addition to Single Family Residence (rooms, deck, garage) Name: Richard Smoke ❑ Lot Line Adjustment ❑ Minor Land Partition Company: Charter Mechanical Contractors, Inc. ❑ Residential Condominium ❑ Commercial Condominium Address: 9636 SW Herman Road ❑ Residential Subdivision ❑ Commercial Subdivision Tualatin, OR 97062 El Single Lot Commercial ❑ Multi Lot Commercial City, State, Zip: Other Exterior redevelopment work on existing light indtit Phone /Fax: 503 - 691 - 1700/503 -691 -1717 building (see item 7 for for description of work) E-m richard .smoke @chartermechanical.com 6. • Will the project involve any off -site work? ❑ Yes J No ❑ Unknown Location and description of off -site work 7. Additional comments or information that may be needed to understand your project Addition by tenant of 5' x 36' landing, stairs and accessable ramp to front (north) face of existing building. This application does NOT replace Grading and Erosion Control Permits, Connection Permits, Building Permits, Site Development Permits, DEQ 1200 -C Permit or other permits as issued by the Department of Environmental Quality, Department of State Lands andlor Department of the Army COE. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. By signing this form, the Own- or •' ner's authorized agent or representative, acknowledges and agrees that employees of Clean Water Services have authority to enter the project site a : I r-aso . ble times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am familiar with t • inf.'mati. contained in this document, and to the best of my knowledge and belief, this information is true, complete, and accurate. Print/Type Name 1 :rg .moke Print/Type Title Vice President Signature Date Mar 21, 2011 FOR DISTRIC USE w NLY ❑ Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. ❑ Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200' of the site. This Sensitive Area Pre - Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07 -20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, State, and federal law. ❑ Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially sensitive area(s) found near the site. This Sensitive Area Pre - Screening SiteAssessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07 -20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, state and federal law. ❑ his Service Provider Letter is not valid unless CWS approved site plan(s) are attached. l'T he proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE PROVID; R LETTER IS • 'UIRED. Reviewed by 1 ‘,....A.:. i 4:.t. Date 3/ 21? 1 (r 2550 SW Hills borolHigh way Hillsboro Oregon 971 23\. Phone (50308T-151 00,. . , Fax ?(503) -`4439 - 'Caitlin' cieenwaterservrces o rg :' .. 4 - M _._, ,: `,'E . - . .� 1aM";. - _ .s3' :,.x :. .sue. , ..i, ,sv_F,I.F: _; nT:. 5.v , i k,, .�..�`__ a , :„cam... _ 1 e.:t. ,d;.s. Washington County, Oregon 2011 -016307 02/28/2011 11:16:19 AM D -DW Cnt ■1 Stn ■21 RECORDS1 3 \ $50.00 $5.00 $11.00 $15.00 $2,513.00 - Total ■ $2,654.00 • After recording, return to: 1111111111111111111111111 1111 9)\ Shipman, Sosensky & Marks, LLC 0167843020110018307010010 I , Richard Hobernlcht, Director of Assessment and v!rrac ? Attn: Mr. James P. Juliano Taxation and Ex- officio County Clerk for Washington County, Oregon, do hereby certly that the w (y 20 Batterson Park Road, Suite 120 Farmington, CT 06032 Instrument of writing was recelwd a d re fiv or ded In the f V , i ;.. ! .. 11 book of records of said coupy,. , � rt . Ex-Officio GR '• Richard Habernlcht, Director of Assessment e n d Taxation, Ex- Oio County Clerk Until a change is requested, all O tax statements shall be sent to: Gould Family Properties VI, LLC c/o Turrett Steel Industries, Inc. , ' WASHINGTON COUNTY 527 Atando Avenue j r P, ', REAL PROPERTY TRANSFER TAX 8 Charlotte, NC 28206 ? ;. s�t_o `13 Pb a -a5 -1I kt'*-r" i 't FEE PAID DATE SPECIAL WARRANTY DEED Dawn New Hunziker LLC, a Washington limited liability company; Wells (`d Apartments, LLC, an Oregon limited liability company; Johnstone Family Trust, Hunziker, LLC, an Oregon limited liability company; Youde Family Trust, Tigard LLC, a Washington limited liability company; Michael Lehne, Hunziker, LLC, an Oregon limited liability company; Q Suzanne Lehne, Hunziker, LLC, an Oregon limited liability company; and James S. Russell and Karen M. Russell, Trustees of the Russell Family Living Trust U /A/D December 2, 2009, as C) Grantor, convey and specially warrant to Gould Family Properties VI, LLC, a Florida limited c:� wiw liability company, as Grantee, the following described real property: Parcel 1, Tract A and Tract B of Partition Plat No. 2007 -064, :* recorded in the real property records of Washington County, Oregon as document number 2007100897 which is located in the NW '/ and the SW '/ Section 1, Township 2 South, Range l West, Willamette Meridian, City of Tigard, Washington County, Oregon, u free of encumbrances created or suffered by Grantor, except as set forth on the attached 2 Exhibit A. The true consideration for this conveyance is $2,612,500.00. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON 1 ::0DMA \PCDOCS \PORTLAND \751035\2 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 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. Dated: -Ye j O , 2011. This Deed is being signe in ounterpart. Dawn New Hunziker, LLC, a Washington limited liability company B y : (J 1 Dawn New, Member STATE OF Oa 5 1 ) ss. County of NI/ y ) The foregoing instrument was acknowledged before me on this I ( day of b Ytc. 0 2011, by Dawn New, as the sole Member of Dawn New Hunziker, LLC, a Washington li ited liability company, on behalf of the ited liability company. o bi C., iv,„ 114, �� _r .:: lo; y .. �' ,�i r("N r1J Notary Pu'lie for Iiii9-S?zi L- il U � � : R � ' My Commission Expires: /D -- / d - 1/ .o G * 0= NO- \O- t k 1 11 h I OP VIAS ��' S� RTE of h ttnttt�a"� Wells Apartments, LLC, an Oregon limited liability company By: Stephen R. Dougherty Revocable Living Trust, Member By: /J ♦ •L Stephen R. Dougherty, Trustee 2 ::ODMA \PCDOCS \PORTLAND \75 1 035\2 1 OF AL F ICI S EAL ?J �; -- - - LEE PUB LI - OREGO N {) () ? ' "'' N W /r COMMISSION NO. 450879 ) STATE OF r,a� O ) E �. MY COMMISSION EXPIRES AUGUST 10, 2014 () J � (-Iwo ) ss. County of /11 tt_ ��0 lk ) i The foregoing instrument was acknowledged before me on this 1 - 7 day of • 2011, by Stephen R. Dougherty, as the Trustee of the Stephen R. Dougherty • evocable Living Trust, the sole member of Wells Apartments, LLC, an Oregon limited liability company, on behalf of the limited liability company // / / 4 A I �..aI • t. Notary Public for , $ i [JL NNW . My Commission Expires: ILirolgrA\ Johnstone Family Trust, Hunziker, LLC, an Oregon limited liability company By: Johnstone Living Trust, Sole Member By: ' l�� Lt' Arthur F. Jo e, Trustee STATE OF hL' ,IA ) ss. County of U . rat 21 "' ' ) 1 ✓ foregoing 1 The instrument was acknowledged before m this ay of �(( 2011 by Arthur F Jo as the T of the e on Jo l7 Living Trust, the sole memb r of the Johnstone Family Trust, Hunz er, LLC, an Oregon limited liability company, on behalf of the limited liability comp. •,/ .�. ,- ��� cl sF�i .-�� Notary Publilror k� �:L �i�i_ O : My Commission Expires: `? VICKI LEE KRYSZAK 1 re) NOTARY PUBLIC - OREGON C IS ION EX GU 540879 10, 2014 1 MY COMMISSION • 3 ::ODMA \PCDOCS \PORTLAND \751035\2 Youde Family Trust, Tigard, LLC, a Washington limited liability company By: Youde Family Trust, Sole Member B ---. i ames G. Youde, T stee By: fr ood Youde, T stee STATE OF 111.% ' ) ) ss. County unt La • ' The foregoing instrument was acknowledged before me on this c2l day of 2011, by James G. Youde and Judith Atwood Youde, the trustees of the Youde Family st, the sole Member of Youde Family Trust, Tigard, LLC, a Washington limited liability company, on behalf of the limited liability compan . ( OFFICIAL IAL SEAL _ . �IA�1." ti( l r, 'I Notary Public for it i �ER� 1� 1 ' VICKI LEE KRYSZAK f ���I1�:7 Mti My Commission Expires: � N CO MMISS P I ON UBLi ORE 4R 79 N / ‘„, , O . MY COMMISSION EXPIRES AUGUST 10, 2014 Michael Lehne, Hunziker, LLC, an Oregon limited liability company By: Michael Lehne, Member STATE OF ) ) ss. County of ) The foregoing instrument was acknowledged before me on this day of 2011, by Michael Lehne, the sole Member of Michael Lehne, Hunziker, LLC, an Oregon limited liability company, on behalf of the limited liability company. Notary Public for My Commission Expires: 4 ::ODM \PCDOCS \PORTLAND \751035\2 Youde Family Trust, Tigard, LLC, a Washington limited liability company By: Youde Family Trust, Sole Member By: James G. Youde, Trustee By: Judith Atwood Youde, Trustee STATE OF ) ) ss. County of ) The foregoing instrument was acknowledged before me on this day of 2011, by James G. Youde and Judith Atwood Youde, the trustees of the Youde Family Trust, the sole Member of Youde Family Trust, Tigard, LLC, a Washington limited liability company, on behalf of the limited liability company. Notary Public for My Commission Expires: Michael Lehne, Hunziker, LLC, an Oregon limited liability company Michael Le e, Member STATE O • LC.• ) ) ss. County of 1& _ it ) The foregoing instrument was acknowledged before me on this ' day of Vr11a ` L 2011, by Michael Lehne, the sole Member of Michael Lehne, Hunziker, LLC, an gon limited liability company, on behalf of the limited liability company. 4% `, �� OFFICIAL SEAL .� S LEE DWYER • C 1 )0, /I k"'�,� otary Public fo ) r �-- y NOTARY PUBLIGORECiON 1 � �` n `" �JJ COMMISSION NO. 451878 ` L -1/ I MY COMMISSION ED (PIRESSEPTEMBER 20,2014 0 M Commission ' pues: • .. 4 ::ODMA\PCDOCS\PORTLAND \751035\2 Suzanne Lehne, Hunziker, LLC, an Oregon limited liab ity pang � o�� B . 11./11/ L 6 Me/tit-kA. uzann Lehne, Member STATE OF /2e- ) ) ss. County of Oa /« ) The foregoing instrument was acknowledged before me on this /l day of 2011, by Suzanne Lehne, the sole Member of Suzanne Lehne, Hunziker, LLC, an Oregon limited liability company, on behalf of the limited liability company. • n 0 a MELISSA A. DALESSIO Notary Public for /1/'YY�- CCU. o /iti Ct. Notary Public My Commission Expires: ,l' , c710, d6 / ;— Wake County, NC My Commission Expires December 20, 2012 5 ::ODMAIPCDOCSIPORTLAND175103512 Russell Family Living Trust U /A/D Decemb TT , 2009 / / / J mes S. Russell, Trustee By: Y\ ah - 'Ai ` P,U-A l' J Karen M. Russell, Trustee l STATE OF 0151/, rI -- 1'p(1) ) ss. County of C U Cj\ Glp ) JJ The foregoing instrument was acknowledged before me on this I j day of Fh , 2011, b rU/ssell, who is a Trustee of the Russell Family Living Trust U /A/D December 2 i i. �• , G r�r� u - , S // loo S �io rl • :Ga N O ss % c�'�� ti Cl___A_IjiY) rAV ,. "s is • I tary Public for la h 1 n � 1�c\5 • �'¢►'tA,2 , • y Commission Expires: � , az) r D STATE OF h � n �� 'isHl , \ \ \��� °� -EP SS" ss. -3RLA ( V 1c6 ao 12, County of.D0‘) G3) C./-� ) J - The foregoing instrument was acknowledged before me on this ` 1 day of Eel 2011, by Karen M. Russell, who is a Trustee of the Russell Family Living Trust U /A/D December 2, 2009. .Pmts_ 9 _C zC�� Y) 01111111/�j� Notary Public for �I,11C11\h, ONNA • S'�i`f / My Commission Expires: g Q1 I & 0 1 a. O: e vis's %o, ) �° NOTg O. m .:. �� 8LIC w ASHi \ \� ���� li/llilllln�\ 6 ::ODMA\PCDOCS \75103512 Russell Family Living Trust U /A/D December 2, 2009 By: James S. Russell, Trustee By: Karen M. Russell, Trustee STATE OF ) ) ss. County of ) The foregoing instrument was acknowledged before me on this day of 2011, by James S. Russell, who is a Trustee of the Russell Family Living Trust U /A/D December 2, 2009. Notary Public for My Commission Expires: STATE OF ) ) ss. County of ) The foregoing instrument was acknowledged before me on this day of 2011, by Karen M. Russell, who is a Trustee of the Russell Family Living Trust U /A/D December 2, 2009. Notary Public for -J My Commission Expires: CO w L3C O LL- C1 w V 1 .Cr 6 ::ODMA\PCDOCS\PORTLAND \751035\2 EXHIBIT A Permitted Exceptions 1. Any adverse claim based upon the assertion that: A) The rights of the public and govemmental bodies for fishing, navigation and commerce in and to any portion of the premises herein described, lying below the high water line of the Redrock Creek or tributaries. B) The right, title and interest of the State of Oregon in and to any portion lying below the high water line of Redrock Creek or tributaries. 2 • Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Tigard Water District, a municipal corporation Purpose: waterline and sewer line Recording Date: September 12, 1960 Recording No: 2307, Book 435, Page 312 Affects: Tracts 'A' and 'B' 3 • Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Portland General Electric Company, an Oregon corporation Purpose: electric power line Recording Date: September 16, 1971 Recording No: 8020, Book 835, Page 506 Affects: Parcel 1 - being 6 feet in width 4. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: February 21, 2007 Recording No: 2007 -019321 5. Easement Agreement Between: Johnstone Family Trust, LLC; Wells Apartments, LLC; Dawn New Hunziker, LLC; Michael Lehne; Hunziker, LLC; Susan Lehne; Hunziker, LLC; James S. Russell; Karen M. Russell, and Youde Family Trust, Tigard, LLC And: Wall Street Industrial LLC, an Oregon limited liability company, and A. Richard Vial Executive Center LLC, an Oregon limited liability company • Recording Date: February 21, 2007 Recording No.: 2007 - 019322 Affects: the West 20 feet of Tract 'A' as shown on the recorded plat, and other property also 6. Plat Restrictions as shown on Partition Plat 2007 -064, as follows: 1) This partition is subject to the conditions of approval per City of Tigard Case File No. MLP2004 -00008 2) Tract 'A' shall be owned and maintained by the declarants, their successors or assigns, as a sensitive area buffer 3) Tract 'B' shall be owned and maintained by the declarants, their successors or assigns, as a sensitive area buffer 4) Tracts 'A' and 'B' are subject to a storm sewer, surface water, drainage and detention easement over their entirety for the benefit of the City of Tigard • 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: 24 foot access easement over Parcel 1 for the benefit of Parcel 2 and Tracts 'A' and 'B' Affects: 8. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: 4 foot access easement for the benefit of Parcel 2 and other property also Affects: Parcel 1 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: Public sanitary sewer easement Affects: Parcel 1, Tract 'A' and Tract 'B' 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: 10 foot storm sewer and slope easement Affects: east line of Parcel 1 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: View clearance easement Affects: Southeast corner of Parcel 1 12. Restrictive Covenant (Future Street Improvements) Recording Date: September 18, 2007 Recording No.: 2007- 100905 Easement Agreement 13. Between: Johnstone Family Trust, Hunziker, LLC, an Oregon limited liability ocmpany; Wells Apartments, LLC, an Oregon limited liability company, Dawn New Hunziker, LLC, a Washington limited liability company, Michael Lehne, Hunziker, LLC, an Oregon limited liability company, Suzanne Lehne, Hunziker LLC, an Oregon limited liability company, James S. Russell, Karen M. Russell and Youde Family Trust, Tigard, LLC, a Washington limited liability company And: RealNet Properties, LLC Recording Date: November 13, 2007 Recording No.: 2007 - 118241 For. Access EXHIBIT A LEGAL DESCRIPTION Parcel 1, Tract A and Tract B of Partition Plat No. 2007 -064, recorded in the real property records of Washington County, Oregon as document number 2007100897 which is located in the NW % and the SW '/ Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. • A -1 ::ODMA\PCDOCS\PORTLAND \731289\6 > a r e: � ii■Bism ausimm �, s .174 r. ._.., LEGEND • V . ' , ••••,;'..,- ,�,.�ii + „ ' 2 w 1 . i Taxlol Boundary (METRO) 4 ' � �' a1r4��`4y .t - Tract B- Taxbl2S101CA -700 I Y i; S.7,,L *.1 W 1 ` y Presumed PCB Primary Release Source Area ' ,L s _ ` ! V. J • ' Subsurface Petroleum Impact ( .., ,. r i., �■ Appro3dnate Stomrweter Flow Direction ` I G V • - ,_ 100 Year Flood Plain (FEMA) • I r� '+ 'y "~ - .. — 0 Proposed Silt Fence Installation Location m , .. Taxfot2S1o1CA --ao6 = _ ' I 1 1 x ... _ � -, �. .',., / a i l ' / i Asphalt ,,. "'� Parking Lot p _ „ a .' f l . ,...0 :.... , i „ .. Hazardous , �� Compressor II Waste /Petroleum # Shed r �, d i I Storage Area _ _ f y.. . R Asphalt ; � v J! t, Parking Lot I {° — 7 - El CO B } M1 J r f N 3 r 4 I 0 _ a . O .. r ' , 4, . _ (., .,, �t Building #1 IAAN Asphalt \\ �. -. ., t - -arking Lp ,4 w r q .. y ,� .. xF F • ' 0' 25'uu Oa 50' 75' -. ,,.. .. , . .l x ;. et NOTE: TAXLOTS AND 2008 AERIAL FROM METRO DATA CLIENT: DWN BY: PROJECT DATE: PM REVISED SOIL REMOVAL IRAM JANUARY 2011 RESOURCE CENTER. REALNET INVESTMENTS, LLC CNKDOY: FORMER COE MANUFACTURING FACILITY - FRONT PARCEL PROJECT NO: JE 7930 SW HUNZIKER ROAD, TIGARD, OREGON 9-61M- 116854 DATUM: wow TITLE REV. NO.: AMEC Earth & Environmental PROJECTION: FORMER COE MANUFACTURING 1 7376 S.W. Durham Road OR SP Ft FRONT PARCEL SITE OVERVIEW FIGURE NO. Portland, ON U.S.A. 97224 SCALE: 1 1' - 50' K: \11000 \11600 \t teas \116951\ DWG \Front Parcel Mops \Revised Sot IRPM \Sours 1 - Site Overvis,Revl.dwg - ease Mop - Mar. 14, 2011 1:57pm - Mephone.descornbes