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MIS1992-00015POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. CifiratUM 11M NZ PACIFIC MAW ASSOC. 14 9Z --0015 -7312- -7352 & 7250-7272 SW Durham Roa3 251 13AB, 1400 & 2S1 13AC, 102 PROPOSAL DESCRIPTION FILE NO MIS 92 -OO15 FILE TITLE: PACIFIC REALTY ASSOCIATES, L. P• APPLICANT: Pacific Realty Assoc., L,,P. 15115 SW Sequoia .Ploy., #200 Portland, Oregon 97224 OWNER: SAME REQUEST: A request for Lot Line Adjustment approval to adjust two parcels of approximately 239,536 and 168,141 square feet into two parcels of approximately 234,178 and 173,499 square feet each APPLICABLE REVIEW CRITERIA: Community Development Code Section 18. 162.050, 18.162.060. LOCATION: 7312 -7352 SW Durham Road. (WCTM 251 /3AB tax lot 1400) and 7250 -7272 SW Durham Road. (WCTM 251 13AC, tax lot 102) ZONES I -P (industrial Park) The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, ckAgins and processing, wholesale, storage, and distribution, aracmg other uses. NPO NO: 5 NPO CHAIRPERSON: Craig Hopkins PHONE NUMBER: 639 -5823 CHECK ALL WHICH APPLY: X STAFF DECISION COUNTS DUE BACK TO STAFF ON 1992 PLANNING COMMISSION DAT3 OF HARING TIME :213g HEARINGS OFFICER DATI G OF HEARING: TIME t 7 0 CITY COUNCIL DATE OF HEARING TIMEs7.:30 ATTACHMENTS X VICINITY MAP NARRATIVE'. X SITE PLAN STAFF CONTACT Vir,tor . Adonri 639 - -4171. LANDSCAPING PLAN ARCNITECTUPAL PLAN OTHi1 R °s LOT LIRE APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Boz 23397 Tigard, Oregon 97223 -- (503) 639 -4171 1. GENERAL INFORMATION PARCEL 1 PROPERTY ADDRESS 7312 -7352 S.W. Durham Road TAX MAP AND LOT NO. 25 1 13AB (1400 ) PROPERTY OWNERS • Paci �1 c Real t Associates, L.P. n1IwrCN! 1ww.i ADDRESS c,15115 SW Sequoia #200 PRONE 624 -6300 AITY Port] and,, OR ZIP 97224 -7131 PARCEL 2 PROPERTY ADDRESS 7250 -7272 S.W. Durham Road TAX MAP AND LOT rao. 2S 1 13AC (102) PROPERTY OWNERS , Pac;i_,f i c_ Really so i at .s,w L.P. ADDRESS _15115 SW Secwoi a Pkw. y. „_ 2Q ' PHONE S l :0th • CITY Portland OR ZIP 97224 -7131 APPLICANT * /AGENT i can .1 s 2aamw ADDRESS CITY PHONE -- - ZIP *When the owner and the applicant are different the applicant must be the purchaser .of record or a lease in possession with written authorization from the owner or an agent of the ,owner with written authorization. The owner (s) must sign this application in the space provided on page two or submit a written authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject property request permission to adjust 2 (number) parcels of 5.499 ac . and 3.860 ac (acreage or square footage) into 2 parcels of 5,376 aoand 3.983:. ac: (number) (ac=, :age or square footage) FOR STS' USE ONLY CASE NO. 15 IL d !-S ,� OTHER 4 CASE NO / S 0 nrieweewiri i `inter w 7��i� RECEIPT NOe ACCEPTED �t�qqpD APPLICAT. OM ACCEPTED B i Application elements submitted: ''(A) Application form (1) ____(E) Owner's signatures written authorization g/-* O C Title trans£ -! r instrmt (1) Assessor's map (1) Preliminary Map. (6 copies) (F) ✓1G) Filing fee ($`fib) DATE DETRRMI1\D TO BE COMPLETE: FINAL DECISION DEADLINE: COMP. PLAN /ZONE DESIGNATION: N.P.O. Planning Director Approval Date Final Approval Date e Planting . Engineering: Date Recorded and Number: bkm/LTLNEADJ. WPF Pre -app: 8/13/9k. VA 3. List any variance, conditional uses,, or other land use actions to be considered as pPr t part of this application: Mnm 4. Applicantsg To have a complete application you wild. need to submit attachments ents desc •ibed deacribed in the attached information cnheet at the time yol submit this application. 5. THE APPLICANT(S) SHALL CERTIFY Ts A• Tian ove r et d o e s a s s v im . ® � l � t auv c i e E a i restEigtiaV , acna, attached to:A u'�s. E. If the application is graNtad, the applicant will exercise the r ightP granted in accordance with the term,4. a -and subject to all the conditions a and . limitationns of the pproval. C. All of the above statement and the statements in the plot plan, attachments, and exhibits transmitted here ,Qith© are true; and the applicant so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D, The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements• for approving or d nying the application. DATED this 18th day of September 19 SIGNATURES of each owner (eg. husband aid wife) of the uubject property. PACIFIC REALTY ASSOCIATES, L.P., a Delaware limited partnershi rust Real y, Inc •e► ral chard P. Buo o rice President CITY OF T I GARD - RECEIPT OF P tYM! NAME N PACIFIC REALTY Y ASSOC I T" ADDRESS t: / #i,4T GROUP 3511$ ' . W. SEtU(X A PARKWAY, #800 PORTI (Thlb1 t RFCCN 978a4- NT REC nPT NO CHECK AMOUNT CASH .AMOUNT PAYMENT DATE PAID Li % l . X N- ' ADJU TMENT rw P 15115'ci.W. Sequoia Pkwy., Suite 200 Portland, Oregon 2:7224 503/624 -6200 • Facsimile: 5031324-7755 Pacific Realty Associates, L.P. September 18, 1992 Mr. Victor Adonri Planning Departmeiint City of Tigard 13125 S.W. Hall Boulevard P.O. Box 23397 Tigard, OR 97223 Dear Victor: Re: Lot Line Adjustment Application PacTrust Business Center S.W. Durham Road RECEIIVED PLANNING SEP 21. 1992 Enclosed are the following: 1. Application form for lot line adjustment executed on behalf of Pacific Realty Associates, L.P. ("PacTrust"); 2. A copy of the deeds relating to the parcels affected by this► lot line adjustment application; 3. A copy of the two assessors maps showing the properties affected; 4. Six copies on 8.5- x 11 -inch paper of the preliminary map for this lot adjustment; 5. One full -size preliminary map; and . A check in the amount of $50 for the required filing fee. Our surveyor, Jim Weddle, had a pre - application conference on August 13, 1992. Please let me know if you need anything further with respect to this application. Sincerely, IC RE ATES, L P. Enc`I s. • CURYE RADIUS 101617 Of TA CNORD 6YL 0MA81 8D& JD' . "4a 5$' .Pl°10• 4P° 139.54' !! PA`5I•51'•f .4 40. CD' 75.51' 101°51* JD. ES. SS' S % °44'l5 °,i • 891.00' SLOP' 4°i /'S9° 10.49' 5 10654'01?•E 4 011. OLP 3 O9' 9'!!'40° 5.09' 1 00 °40•.55'f 9 s 5B DS351M' 33 Sr 03Y 45' $S.11' MVO' SE I /O. 70' 40°04' $3° 104.45' a2' 10'35' 40•£ P 193. 0.7 Irr, 91 25.50' 16° 105. P!' $ I3'S9'31.f 4UcuST 14, /995 lci $ S CALE': � C Y 4 c,. b AVM® �-�/. PROPERTY L INFO ADJUv T NT oi warn., J. JJ •� NE 1,4 .sec. 13° 'T° 2S.. . I; .? .., CI TY OF T/G4RD WA_IJ1u /TON COUNTY, OREGON L° PARCEL Rn� =� =• 534, 189 S.F. 5.376 ACRE tr' 5/8' IRF DEA CAP CL JENT: PAC WL/..fT /51 r5 - i1i- .5E0U0 /A .PARK.WAAY SY /TE:20Q POPTL ANiJ, OR 97224 624 -6300 5'0• IRF PEA CAP N 89•ZS L'6' f \S'J• IRF S. Ss' 014 CAP s,.e• $ os• 4,7% PROPOSED PRO? L /NE ��. t��i E ii!°t8' !O'A' Sit' IRF .....,;• , ii. e• J 70 t E' CAP t !�X /STING PROP. L /NE Z.� BLDG. t tk h PARCEL t- RECORDED SU1It4'Y Ha 54304. • ID I!iDICSTES IRON Paws W'? '[Lop' C ") �+ PLASTIC CAP PER REFERENCED tC gsURVfrs t w $ NOTE: k • STRUCTURES ADJACFaT PARCEL :2 SHORN 0V MAP 03. Y. 0 IRF PEA CAP PROFESSIONAL SUAVE R REFERENCE SURVEYS: PARCEL 1: 8EC0PDED SUR / NK 5'J?'. 414.45' N- SSW' ID'F 0 5/8' IRF 100LE .CAP 9r • 111F. PENAAS C TO AD ✓LISTED LINE OREGON JULY 12, 1968 ES D. WEDDLE 874 •ki • PREPARED ,BY: C 1,4 Cf R #'A. CO. BRASS CAP e. g 5 DO°5P'J :!I' 40.3 ' a 5i0• IRF AREA. 1ta 00 TONLE CAP /T, 4E5 S. F. 3.9 383 ACRES JIM IEDDLE` A ASSOC.,' INC. 1750 S. W. SKYL /NE 4L .VD. A PORTLAND, 'C 97221 892 -8083 0 S 010 °A' Btt. Cc' ,t- tat.TPfo QUILLS Aill1819111 04 r. .; Jim Weddle & Aszociates, Inc. PARCEL 1 REGISTERED "), PROFESSIONAL D SURVEYOR • OREGON J11.96:( 12. OM 0,, 'WEDDLE .74 mompom■milmmer,morNmilmw...... August 13, 1992 File No. 92-2023 LLA DESCRIPTION: A parcel of land situated in the Northez2 one-quarter of Section 13, Township 2 South, Rang I est, Willamette Meridian, and a nart of "Council View Acres No 2, City of Tigard, County of Washington and State of Geegoa, olere particularly described as folloes: COMMENCING at a Washington Countv brass cap monuient marking the center of said Section 13; thence North 00102'33" West 1318.12 feet, thence North 89° 28'26" East 8.85 feet to the polnt of intersection of the easterly 'right -of - way line of S.W. Upper Boones Ferry Road, 60 feet wide, with the north line of said "Council View Acres No 2, a duly recorded pit, and the True Point of Beginning of the following described parcel of land; thence elong said easterly right-of-way line, North 07005'41" East 63.00 feet to the beeiening of a non-tangent 296.20 foot radius curve right to which a radial line bones South 77035'30" East, thence on the arc of said curve 140.1A feet throlgh a central angle of 27010'e7" (chord bears North 25059'52" East 139.24 feet) to a point of nen etengancy; thence continuing along said easterly right -ot -way line, North 49°19'16" East 440.12 feet; thence along the southwesterly right-of-way line of S.W. Durham Road, on the arc of a tangent 40.00 toot radius curve right 72“51 feet through a central angle of 103°51'39" (chord bears South 78°44"15y- East 62.98 feet), thence on the arc of a tangent 392.00 foot radius curve left 28.67 feet through a central angle of 04011'25" (chord bears South 28054'09" East 28.66 feet) to the beginning of a non-tangent 65.00 foot radius curve right to which a radial line beats SoutIA 59000'09" West; thence continuing along said right-of-way line on the arc of said curve 5.89 feet through a central angle of '.'11'40" (chord bears South 2040'55" East 5.89 feet); thence radial to said eurve, North 89054755" East 3.33 feet 1.o the beginning of a non-tangent 392.00 foot radius curve left to which a radial line hears North 57°59'40" Eest'i thence continuing along the resterly line of S.W. Durham Road, 72 fee wide, on the arc of said curve 59.27 feet through a central angle of 39'45" (chord bears South 36020'12" East 59.21 feet); thence trngent to said curve, South 4004005" East 246.94 feet, thence along sale right-of-way line on the arc of a tangent 158.00 foot radius curve right 110.70 feet through a central angle of 40008'33" (chord bears South 20°35'48" East 108.45 feet); thence tangent to said curve, South 00031'32" East 118.3S feet; thence 3eaving said street, South 89029'10" West 424.42 feet; thence North 00(13'01" !1st 30.14 feet to the north line o said Council View Acres No. 2 theace along said line South 89028'26" West 292.43 feet to the Trim Point of Beginning. CONTAINING THEREIN an area of 5.376 acres. Bearings for this description are based on recorded survey Nc. 22374. 1750 S.W. Skyline Blvd. • Suite 105 • Portland, Oregon 97221 • Telephone (503)292-8083 • FAX (603) 92-0038 OREGON Associates Inc. DESCRIPTION: A parcel of land s_ltdated In the Northeast one -quartev of Section 13, Township 2 South, Range 1 Nest, W' 1la®ette Meridian, and a, part of "Council View Acres No 2 ", City. of Tigard. County of Washington and State of Oregon, more particularly described as ;follows: COMMENCING at a Washington County brass cap monument marking the center of said Section 13 thence No' b 00002'33" West 1318.12 feet; thence North 890 28'26" East 8.85 feet to the point of int rsection of the easterly right -of way line of S.W. Upper Boones Term Road, 60 feet wide, with he north line of said "Co.inci i View Acres No 2 ", a duly recorded plat; thence cone tnuing on said north lime , North 89°28'2S" East 292.43 feet; thence South 00033'01" East 30.14 feet to the True Point of Beginning of the f 1lowtng described parcel of land, thence North 89'29'10" East 424.42 feet to a the P point in thi west right -of -way line of S.N. Durham Road, 72 feet wide, tt )nce along said line, South 00031'32" East 12.57 feet thence NorAh 89 °29'10" East 3.C4 feet to a point in the west line of said S.W. Durham Road, 66 feet wide thence along said line South 00'430'17" East 252.13 feet; thence on the arc of a tangent 233.00 toot radius curve left 105.61 feet through a central angle of 25058'16" (chord bears South 13°29'31" East 1104.71 feet), thence leaving said street, South 89029'10" West 522.02 feet; thence North 00°35'50" West 56.98 feet; thence South 88057'34" Nest 48.,38 feet, hence North 00°40'40" West i00.2D feet, 'thence North 89°29'10" East 120.00 feet thence North 000 33'01" Nest;. 197.43 feet to the True Point of Beginning CONTAINING 'THEREIN an area of 3.983 acres. Bearings for this description are based on recorded survey No 22374. REGISTU .D • ROMSSIONAL D SU. i YOR OREGON .lt1L//Y'�'� i2�.* I))0��^^t+i3j'� r�p V. V16 EDDLE 814 17 0 S.W, SkyIino Olvd. • Suite 105 m Portland, Oregon 97221 • Telephone (5011292 -8083 • FAX (503)292=0938 til,✓YWI, Viut jV\.- VICG ',k, FORM No. 633— WARRANTY DEED tndIvk,ol or G to), IN5.Naa1 LaW PU/LIIN1NC Co POTTLAND. on. sr2O4 OA WAURRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That Walter A. 84037315 :� tit i am„ Jr. hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by. Pacific Realty Associates., L.P. hereinafter called the grantee, does b r ly !=z-,:gain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that certain real property, 'With the tenements, hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the County i.,ai; Washington and State of Oregon, described as follows to -wit: A parcel of land in Section 13, Tow.:;hip 2 South, Range 1 West, Washington County, Oregon, ds.ribed as follows: . Beginning en th% South line of the Northwest 1/4 of the Northeast 1/4 of said Section 13 which is 835.58 feet West of the Southeast corner, of the Northwerw 1/4 of said Northearc l /40 said beginning point being the Scttthwest corner of that'cerr_iq tract :onveyed to Washington County, Otn.mn, by deed recorded' in Deed Book 123, rage 34; thence North parallel with the -Cast' line of the Northwest quarter of the Northeast quarter of said Section 574.46 feet to a point in County Road Mo. 534; thence South 48° 17' West in the censer of said road, 620 feet to a po +.nt in the center of State Secondary liigt,way No. 217; thence South 6° 35' West in the center of said Highway No 211 to the North ling of Council Vfcw Acres; thence .Elssterly ale;,g said Werth line to the point of beginning. This Deed is given in fulfillment of that certain Contract of Sale recorded September 6, 1979 #79036450 and Assignment thereto recorded July 18, 1983 X183025605, Washington CounLy, Sate of Ora;F;on. (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same onto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to ;'and with sari grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized in fete ample id the ai o ;t ilrantrt :premises, free from all encumbrances and that grantor will warrant and forever defend the said pre. miser end every part and parcel thereof against the lawful claims and demands td all persons whomsoever, except those el/Arming Cl, under the abc.re des : ibed encurbrances. The trutl and actual consideration paid for this transfer, stated in terms of dollars, i4 $ „18 ,000.00 ; tmr=tom zirsls = decal 4s tzftri6 as six: err= o- fie- 6ae: aa$,s a da, e astride~ra4o atsa eels) G (The sentence betwcen the symbols O, if not applicable, should be deleted See ORS 93:030.) pommy In construing this deed and where the context so requires, tho singular includes the plural and all grammatical changes shall be implied tc make the provisions hereof apply equally to corporations and to individuals. ln Witness Whereof, the grantor has executed this instrument thi4 6th day of SAR.teriihex ,19.8.4..; i1 a corp+or'ate grantor, it has cause. its name to be . fined and seal affixed by its officers, duly authorig,ed thereto by order of, its board of directors. THIS INSTRUMENT r+: SS NOT GUARANTEE THAT ANY PARTICUL.°.° USE MAY b ?: MADE OF THIS PROPERTY DESCRIBED IN THIS INSTh TMENT. A BUYER SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERZ FY APPROVED USES. STATE OF OREGON, County of . UuS tnomah September. 6 1984 ,,,,, Personally appeared she above named. .$,e :..�. Durham, Jr.,. , ~ `y and ocCcnotia ledged tho foregoing rnatrit mont'to Let.. .y..1.:1? ? .. ». «....,volunt. act and • SEAL) f.5[o ....Notary .Pisblic for Oregon My ,.nimission expires: Ap Walter A. Durham, Jr. �. STATE OF OREGON, County o! .,.« ,..,... ,.. )35. Personall y appeared , . « •.... «,mad ,.. who, being duly sworn, each tot himself and not ore for the othet, did say that the former is the president and that the latter is the secretary of . ... «, .: ,, 4. ,« . ..., . . . . .. , a corporation; and that e41 seal affixed to the foregofri44 instrument is the corporate at oh said corporation and that said instrument was signed and sealed in be halt of said corporation by authority of . its board of directors; and each :..+ them acknowledged Said instrument to be ifs voluntary act and deed, Before me (r ?:'FICZAL SEAL) Notary Public Is,` Oregon • 9 a 1988 My commission expires: fit oilitortti by o Csialaroi(an, affix cerpOroto Owl). u..«..., »• .. » »M••••••: GUAM ,TOR'.d�NAMis.ANDAUborl4>s » »•«. ...., «,..w«..w Pacfic,Reelt�y Associates, »L.tsc » °RANTQC'a NAME AND AnoRus. Altar Wording tole tot Pacific Realty,,,,Associakes,, S,,t.P 122Q�S.>nt' � Morrison, ",bite 900 Pot tian8 OR7Z05 NAn ei.AobNesa, iA erAeil oasSeven Fels fltcbflb Rye LIAR STAlE OF OROb0114 County at Waa tinston bonald W. Mason, Director bf Assesnmerit and Taxation and Ex- Officio Recorder of Coin. Veyances for saic' county, do hereby ceetifythu the within 'inatruinent of writing Was - eceiwed and recorded in book of records of said County.. Donald W. Mason, Director tiff' Assessment. :end ,Tibtatiom I N1 C)o Ch*+f ,Deputy Clerk ss Will tinniest It iaqueoiR fail tee iiaiabisnit died ire earl is tin tctioOrina eisfdrscc, Pac , is leech wAssotfettss; lt,.,F�.,, filor'rYsnti,,- ...Suitir�w900 ..�,- :._..��.- :..y....�...:.. iyQ.l i~ .4Ti .. 0, 97205. NAMIt. AUDiiCRR, tlP #318V141 BARGAIN AND SALE DEED KNOW ALL MEN BY T'AESE PRESENTS, That WASHINC11N COUNTY, a Political 'bdivision of the State of Oregon, hereinafter called grantor, for the Lcnsideration hereinafter stated, does 'her ebb grant, bargain, sell and convey unto Pacific Realty Associates, L. P,, a Delaware limited partnership, hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the ten ments, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the C;Aints.. of Washington S sate of Oregon, shown on the attached Exhibit ''B " and being more particularly described as follows, to wi t: PARCEL I PARCEL II (WEST OF S.W. D1 tHAM ROAD) Described on Exhibit "A ", (Pages 1 and 2 of 3) attached hereto and by thi'> reference made a part hereof. EAST OF S.W. DURHAM ROAD) Described on Exhibit "A ", (Page 3 of 3) attached hereto and by this reference made a part h ,leof . Subject to the -i ghts of the public in and to those porti orris thereof lying within the right -cf -Way and utility easement, as dedicated for the use of the public, recorded in Document No 92- 010142 , in the Washington County Book of Records. The True and actual consideration paid for this transfer, stated in terms of dollars, is none. However, the actual consideration consists of other value iven which is the whole consideration; an exchange of real property. A g• � erat�on �.e., "LAND TRADE AGREEMENT" was entered into on S ptember 3, 1991, by and between the above stated parties, which was approved by the Washington County Board of Commissioners on June 4, 1991 by MINUTE ORDER #91.194. Also complies with RESOLUTION AND ORDER No. 91 -61 and MINUTE ORDER NO. 91 -427. THIS INSTRUMEf''' WILL NOT ALLOW USE or THE PROPERTY DESCRIBED IN THIS CATION OF APPLICABLE LAND USE RSON ACQUIRING �F FEE TO BEFORE INSTRUMENT IN VIOLATION TIE PERSON OR . . O I E SIGNING OR ACCEPTING THIS INSTRDNE►�'t', TAE PROPERTY SHOULD CHECK WITH THE APPROPR? ATE CITY OR COUNTY PLANNING DEP RT €NT TO VERIFY APPROVED USES. Page 1 of 6 - BARGAIN AND SALE DEED 2S1 I3AC, Tax Lot No 100 February 7, 1992 PACTRUST/6 To Hive and to Hold, the above described and granted prem1 ses unto the said grantee and grantee's heirs, successors and assigns forever. PEOF Washington through its Board o IN �,,T�1fSS ��a�.., .. �shi n t ©n County by and th�°o g �, of County Corli ss oners executes this instrument this day of , 1992. r4' E "CUO, qI� MINUTE ORDER #91 -194. DATE / BY Clerk of t �.i,�.,r �. Board BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON c7 Chairman - Bonnie Recording Secre ® y 11, NOTE - ALSO COMPLIES WITH: RESOLUTION AND ORDER NO. 91 -61 AND MINUTE ORDER NO 97. -42 CO APPR! VED i. O FORM ' .._ 'isen Chief Assistant County Counsel Date .:.j' -9' Page 2 of 6 BARGAIN AND SALE DEED 571;' 1 13AC, Tax Lot No. 100 February 7, 1992 OFPCIAt SEAL eAREARA e;EJ MANEK NOTARY PUtJLIC•OREGOI` COMMISSION NO. 008834 MY COMMISSION EXPIRES AUG. 11, 1995 Subscribed and sworn to before m1 this 2:61tdaY of Notary Public My commission r Oregon GRANTOR: Washington County 155 North 1st. Avenue Suite 350 Hi l l sbor�, Oregon 97124 GRANTEE Pacific Realty Associates, L.P. PacTrust Realty Inc Site 200 15115 S.W. Sequoia Parkway Portland, Oregon 97224 After recording, please return to Land Use and Transportation PACTRUSTi7 422��1eg - 1 Page 1of3 - INEERING INC LEGAL DESCRIPTION FOR WASHINGTON COUNTY West PacTrust Par eel To Center Line Durha.T a Road January 29, 1992 A parcel of property in section 13, Township 2 South, Range 1 West of the Willamette Meridian in Washington County, Oregon described as follow: Beginning at the intersection of the North ling, of Lot 32 of Council View Acres MO with the West Right of Way line of SW 72nd Avenue, said point being 30.00 feet West of the centerline of said street; THENCE South 89° 44' 50" West along said North line, a distance of 215.06 feet, more or less, to an angle point in the South line of that tract conveyed to Pacific Realty Associates, LP, by deed recorded under Auditor's File # 84008324 of said Washington County records; THENCE along said South line South 00° 09' 31" West 42.83 feet, more or less,, to an angle point in said South line; THENCE along said South line South 89° 44' 50" West a distance of 279.31 feet, more or It sF . to the East Right of Way line of SW Durham Road; THIN CE continuing South 89° 44' 50" West 36.00 feet to the TRUE POINT OF BEGINNING; THENCE South 000 14' 37" East parallel with the Southerly projection of said SW Durham Road a distance of 252.13 feet to a point on a 200.00 foot radius curve to the left; THENCE around said 200.00 foot radius curve to the left a distance of 107.07 feet; THENCE South 89° 44' 50" West 559.47 feet, more or less, to the West line of Lot 41 of said Council View Acres rio. 2; THENCE North 000 23' 10" West along said West line and the Northerly projection thereof 56.98 feet, more or less, to the Southeast corner of Lot 23: TIC 3'NCE South 89° 13' 14" West along the South line of said Lot 23 a distance ` 48.38 feet, more or less, to the West line of that tract conveyed to Was..hingto County by deed recorded in Book 439 at Page 459 of said Washington County records; THEN CE North 00° 25' 00" West along said West line 100.20 feet, more or les$, to an angle point in said West line, THENCE North 890 44° 30" East 120.00 feet to an angle point in said West line; LANG SUR'!EYORS, ENGINEERS 1,11 d'ROAbWAY VANCOUVER, WASHIINGTON"98EE0 20 &i9'$ X89.3939 THENCE North 00° 15' 30" West along said West line 197.42 feet, more or less, to the South line of that tract conveyed to Pacific Realty Associates, LP. by deed recorded under Auditor's File # 85044163 of said Washington County records, THENCE North 89° 44' _ 50" East along said South line and the Easterly projection thereof a distance of 460.32 feet to the TRUE POINT OV BEGINNING. 11rti "I~•Y I �►r�+J Tad. 0"4#4', 0 i. t: : 1- ��/ r rr. 3 ' i EB9UCt +6. i GhIE ..:2O - LEGAL DESCRIPTION FOR WASHINGTON COUNTY East PacTrust Parcel To Centerline Durham Road January 29, 1992 A parcel of property in Section 13, Township 2 South, Range 1 West of the Willamette Meridian in Washington County, Oregon described as follows: Beginning at the intersection of the North line of Lot 32 of Council View Acres ealigwith the West Right of Way line of SW 72nd Avenue, said point being 30.00 feet West of the centerline of said street; HENC E South 89° 44' 50" West along said North line, a distance of 215:06 tee' more or less, to an angle point in the South lice of that tract conveyed to Pacific Realty Associatetc, LP, b. pdeeed recorded under Auditor's File # 8,1008324 of said Washington County records THENCE along said South line South 00° 09' 31" West 42.83 feet, more or less, to an angle point in said South line THENCE along said South lane South 89° 44' 50" West a distance of 2 7 931 feet, more or less, to the East Right of Way line of SW Durham Road THENCE continuing South 89° 44' 50" West 36.00 feet~ THENCE South OCT 14' 37" East parallel with the Southerl y projection of said SW Durham Road a distance of 25'2.13 feet to a point on a 200°00 foot radius curve to the left; THENCE around said 200.00 foot radius curve to the left a distance of 212.33 feet, THENCE South (2 47' 50" East 235.16 feet to a 600.00 foot radius curve to the left; THENCE around said 600,00 foot radius =ye to the left a distance of 170:00 feet; THENCE South 79° 01' 52" East 49.46 feet, mnope or less to said West Right of War line of SW 72nd ?►venue; 8 g.. 1 North 00° 16' 01" Est along Right of Way line 646.65 feet to THENC., the POINT OF BEGINNU,st+ Page 5 of 6 LA14D SU141/EVORS • ENGINEERS 11 f i P OAIDVVAV • VANCOUVER, WASHINGTON d11610 N, 69551385 • PAX :I ,8117: ! v9- 99'3(? a irk pl D UR'-. AM QUAtyRY Scale: 1' = 400' P4QCEZ 1 (#ES'" Or 01.49. 44411;"4.) Hwy El? ant powitall /brawl t f Bantu, Re TICARD Durham DURHAM V' j CLACKAMAS COUNTY berg cid TUALATIN 'd Looktos Vicinity M2;3 I ill' 41) 26 4) 11 494 r, ao 12 n7316411629 ••I' 8 Page 6 of 6 CC ' 11 0 a7 a • • ;I ©r O •" �' �' �'? � ; { {},rtl��eetiti•'�i�Y�:1r',��L. ti {; �: S.W. Findlay Road �1 USA FILL 5 • r A RCA PAPCEL H (t,4sr or3•a:LaR4 44,, u) TIGARD TUALATIN • GRAVEL STOCifPILE 1.4 a, ,aQ KEN LE4HYCO. RECYCI JNG OPERA 'TION dee STATE OF OREGON County of Washington i Jerrrryy R4 Han and '#axatton Veyances that the L, . receivetl • .':' Said c SS r of Attessment fifer of Con, by certify �t7 t ng ..was �., .. •rds of .t`.of Ex Doc : 920113144 Rest: 73676 03/22/1952 02: 27 12P1•1 66.00 • American Land Title Association Owner's Policy (4 -6 -90) Off TICOR WILE INSURANCE it .:".. Policy o(( Th k insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- l' AIMED IN SCHEDULE B AND THE PROVI- SIONS OF THE CONDITIONS AND STIPULA- TIONS, TICOR TITLE INSURANCE COM PANY OF CALIFORNIA, a California corpor a Sion, herein called the Company, insures, as o Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by the insured by reason or: 1. Title to the estate or interest described in Schedule A being vested other than as state statel therein; f Author/ - d Sigi ato By Attest. 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the tittle. 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations„ This policy' :; hall not be valid or binding until countersigned below by an authorized signa- tory of the Company. TICOR TITLE CNSUFMC8'COMPANY OF CALIFORNIA Itoi Wit w w .o {LAC Yi • President /f Secretaq :iggtrijg!ffbO::jgsj.br.r,j(.:--.;Lj..j.'_jgglit.tggtbg,giXjj.We.pfijrjigl.a.O.:00S.O.gi0..g.:e.e.Ai6S1T • AIITh 0WNJER , POLIGY (4490) Reorder Form No, 2233` • r I. , Exclusions from Coverage 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. (L) 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 o 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 ,) 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 oS 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. Nights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not exciudino front Conditions and Stipulations 1. DEFINITION OF TERMS coverage any taking which has occurred prior to Date of Policy which would be binding on the rt jhts of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the inst fired 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. resulting in no loss or damage to the insured claimant; The folinwing terms when used in this policy mean;; (a) "insured ": the insured named in Schedule A, and_ seteject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distriti6tees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge" or "known ": actual knowledge. not constructive knowl- edge or notice which may to imputed to an insured by reason of the public records es defined in this policy or any other records which impart construc- tive notice, of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, or in Schedule C if not provided for in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in the applicable Schedule, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein chat! modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument,. "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental is clerk of the ` ' onmental protection liens filed in the records of the cl United States district court for the district in which the land is located, (g) "y rims rketability of the title", an alleged or apparent matter affecting the title to the land, not excluded 'or excepted from coverage, which would p estate or interest described in Schedule A to be g p. ' �'� by virtue of a contractual condition entitle a urc user of the n to u released from the obligation rchas requiring the delivery of marketable title. OF INSURANCE AFTER OF 'TITLE 2. CONTINUATION The coverage of this policy shall continue in force a' of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, rr only to long as the insured shall have liability y y y interest. .. b, the �.. , y . transfer or conveyance of the estate or inThis policy she. shall insured in nu y, po : cy shll not �.�nt�nue in force in favor of an urehaser from the insured of either () an estate or inter' at in the land, or (ii) an indebtedness secured by a purchase money n? vrtgage given to the insured, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shalt, come to an insured hereunder of any claim of title or interest which is adverse to U title to the estate or interest, es insured, and which might cause loss or dam- bee for which the Company maybe liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice, 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE, (a) Upon written request by this insured and subject to the options con- tained in Section 6 of these Conditions and Stipulations, the Company, at its owe cost and without unreasonable delay, shall provide for the defense of en insured in litigation in which any third party assorts a claim adverse to the title or interest as defect, l e. orient encumbrance or other matter stated nsured against by tthis alleging a fs policy. The ( oni!rany shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those :.Mated causes of action and shall not be liable for and will not pay the fees of any other cc nsel. The Company will not pay- any fees, costs or expenses incurred by tie insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its oven cost, to institute and prosecute any action or proceeding or to do any otter act which in its opinion may be necessary or desirable to establish the this to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action Under the terms of this policy, whether or not it shell be liable hereunder, and shall not thereby concede liability or waive anif provision of this policy,. If the Compelny shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense se as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or or der, in all cases where this polyp i requires the Company to prose= cute or provide for he defense, of any action or proceeding, the - insured shall secure to the Company the right to any prosecute or provide def ,ts^ in the useaction Or proceeding, and all appeals therein, and permit the f,orr pany ac .o , at its option, the r+- `e of the insured for this purpes a. Woenever 'TICOR TITLE INSURIACE SCHEDULE A AMOUNT: $430,000.00 PREMIT14: $1, 210.00 1. NAME OF INSURED: D TE: I4arch 23, 1992 At: 5 :00 P.M. POLICY NUMBER: W152274 PACIFIC REALTY A. SGT, L.P. s ' a Delaware limi:-+d pup Z . THE ESTATE OR INCEST IN THE LAND WirtCH IS C' BY IBIS POLICY IS: Fee 3. TITLE '10 THE ESTATE TE Cat g`i! TERES`2 IN THE LAND IS E S'PPU IN: Pa. Delaware limited OCIATW Lr. P. , p triers az. P 4. E LAND I EFFPM TO IN THIS POLICY IS DESCRIBED AS FOUL-MS: PARCEL 1: A parcel of property in Section 13, Township 2 South, huge 1 West of Willamette Meridian, in the County of Washington r cr tl State of drubbed as follows: Beginning f , C OVITCO�, ' . +7 AGES with at the �ntiect�.on of the North L� of hat. 32 the West right oi way line of SW 72nd Avenue, gaid point beingr 30.00 Beet West of the centerlble of said street; thence South, 89 44' 50" West al said cI North line a distance of 215.06 feet, more Cr less, to an o_ le point the line tract conveyed to Pacific Realty Associates, L.P. , deed under Auditor's File Number 84808324 of said Washington County ,ham, � along said chid South line; 00 09' 31" West 42.83 feet, mace oo- less, to an angle point said South line Sr along . the South 89 44 50 West a of 279.31 feet, more �, t�►.dEas't right t ®f�Wa� _ line of SW + r way Ir rhai.t .'Road, thence . South 89 44' 50" West, 36., 00 feet to the true point of beginning; thence South ° 00 14'' 37" East parallel with the Southerly ° Y P�7eckian of said SW Durham Road a distance of 252.13 feet to a point on a 200.00 foot radius anve to the left; thence around said 2:'�8., 00 th foot radius carve to the left a d�aance of 107.07 feet; thence South 89 44 ' 50" tit 559.47 feet, made or less, to the West line of :Lot 41 of said (,'VN t L VIEW' ACRES `:er±ee 2 00 20' 10" West along said West line and the northerly projection thereof 56.98 feet, more or lest, to the Southeast corner of Lot 23, thence South 89 13' 14" West ?long the South lir ie of said Lot 23 a hst nce of 48.38 feet, mate or less, to the West itte of that tract conveyed to Washington C�o�;' Yt� c 00" West ii �. at Page 459 of said Wa_shin t on County Rio ords ;, thence North 00 25' " a.. ' said �rded in Book 439 a West lire 100.20 feet, more or leas to an volt* said West line; thence North 89 44 30" East 120 • r " 00 '�eet to an angle 1�a1nt �v�.. ° : o r 30" �, ong lime 197.42 feet, more or less, to l� North 00 15 3 0 West along said West ' South line of tha`c tract conveyed to Pacific Realty distance ._... Associates, L.P. by c1 recorded limier D"4 tars File i 85044163 said �W n oor� thence Records; 89 ®��and the Easterly projection thereof a of 460.32 feet -to the true p ulrIt of beginning. CCVTINUED 'floor Title Insurance Company of California • 6 ra TIICOR TITLE Iiri u W1522 4 PARCEL 2: A parcel of property in Section 13, Township 2 South, Range 3 West of the Willamette "Mridian, in the County of Tilashilvtan and State of °r egret described as follo+:s: Beginning at the intersection on of the North li rm of Lt 32, COQ 'VIEW ACRES with right of way l; rf .SW 72rr l Avenue, spoi point be.'in 30.00 feet West of the es; d Strict; t,cn'r South 89 44 50" West l said'' 1� L�aa:�, line, a distance of 21.5.06 feet or less to an le point in the Smith line of that tract; to Pacific Realty Associates, L.P. by' deed under File No. 4008324 of said Illshington County Recods; theme alonir said. South line South 00 09' 31" West 42.83 feet, acre or le to, all ,n said South line; thence alcog said South lire South; 89 44' 5C a of 279.31 feet, swill or less, to the East ricer of way line of SR 1 Remelt; them orcitinuing Sa y. 89 441 50" West 36.00 feet; thence South 00 141 37" East parallel with the Southerly projection of said Ertl dam Road a dives of 252.13 feet to a pc,int on a 200.00 foot radius cue; to the left; a around said � 50" � 600.00 foot �;,.�, �� 218.35 feet; South 62u 200.00 foot adius curve to the left a distance o� 47 50 Fes` 35.16 feet t o a 600 ,wT curve to the deft; thence around sa; d 600.00 tt radius curry to the left a d:�arne of 170.00 feet; theme South 79 011 52" 49.46 feet; ma c less to said West Right of Way line of SW 72,1x1 Avenue; °.iarenoe North 00° 161 01" East alorq said Right of Way line 646.65 l'i et to the pant of bgi r i r. ----- Tcpr Title Insurance C mpanv of California ' CONTINUE) g TICOR TITLE eNsuAACe SCHEDULE B EXXZEPTICINS FROM °OVERAGE This policy does not ins against loss or (and the will not pay costs, attorneys' fees o... ) whi arise by reason of GENERAL ECCPTICTB: • Taxes or assents which are not shown as eidsting liens by the records of any taxing authority that levies taxes or assessments on real prope4y or by the public records; proceedings by a public agency which may result ;.ti taxes or assessmnt.s, or noti. ces of oxii proceedings, wither or not shown by the records of such agency or by the public records. • '. , ba�xt which facts, be interest, ed clam which. are , sham by the public records by an inspection said land or by mak3_ g inquiry of pe. in possession thereof. • Easements, liens or encumbrances, or claim thereof, which are not silty by t public records, unpatented mining claims; reservations or exceptic,ls p ltents or in Acts authorizing the lssuanca thereof, water rightso clan. r.s or title to water. W152274 4. Discrepancies conflact% in boundary lines, shortage in area, encroachments or any facts which, a correct survey woad disclOse. ▪ The pt Imi ses herein described are within e.ind subject to the statutory including the .power of assessment of The Unified. Sewerage Agency of Was' County, a municipal corporation. 6. Fence encroachment, revealed by survey. Affects Westerly ;porti i. of Parcel 1 7. Easement, including the tears and prcvisions thereof, From Washington County, a political. subdivision of the State of Oregon To Northwest Natural Gam' Co many, a corporation Rewarded: September 4, 1987 Fee 87045791 Records of Washingtm County, Oregon. For gas line Affects: portion of the North 40 feet of Parcel. 2 8. Rights of the public in and to that portion ly ixng lechin S.W. Durham Road as disclosed by deed of dedication rec orded March 23, ,6992, as Fee No 9203:11142. • Easement„ udirxi the terms and provisions thereof, an. Washington sh g County, a political subdivision of 'the State of Oregon To: Washington Canty, a polY•cioe2. subdivision of the State of Oregon Recorded: March 23, 1992 Fee: 92018142 Records of Waatington County, Ore For: � Fo utilities Affects: �- . strips, 5 feet wide, ad>acer.�.. to the Westerly and Easterly right of way lines of SW Durham Road-- Ticor title Insurance Coh pany o'/ California ' "n • Thar sketch below is made solely tae purpose of assisting in locating said pilises and the company assumes no '1iabiiity for variations, if any, in dimensions and location ascertainNd by actual survey, 166.4 1000 ..St, •& TICOR TITLE INSURANCE SEE MAP 2S 1 13AB • UI is 0r =ft" •it^st. of l , 1� .: � :.. ... "r�4tn1 ti!!llfft 100 1 1 w. I 1 1 1 1 1 I 25 26 2? 28 I 29 i 30 1 31 1 32.- c I 0 , \J 1 1 ko � \A/ ( I gfnA111171Ri11 1 �19'� -.» %%CATS, NS 04411 T 1 1 1 1 1 1 1 A R E ► JN ( 0 1 36 I 35 1 34 1 3367. I 2 74 II 1 1 i.0 ill 0' 144,4�R4V+ (20Y Y.�rWwyyii4SbMY+rr+'.. �t0. • �.,.....•.. �,�,S�yau• 120` tI IOR {7' We y "". ▪ kiilffM..:'w +i+ir:st►' 1��6 Ua�1 ►aagf' i+w, 4 • 5 i N I c ( 144.1? 14.v r' LAY R' iQ.D 1200 d6 At I I c 18 17 16 15 1 1 9 'Jv re Vi44410 wsl+lb' T T 1 11\1, 1 I ( 14 13 12 i 1 10 • at 111): • • requested by the Company, the insured, at the Co ny's expense, shall give the Company all reasonable aid (i) in any act proceeding, securing evidence, obtaining witnesses, prosecuting or ndingthe action or pro- ceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and alter the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof of loss or damage signed and swam to by the insured claimant shall be furnished to the Company vithii7 90 days after the insured claimant shalt ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the, amount of the loss or damage. lithe Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigetieen, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to ex,smination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at ouch reason- able times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any autho- rized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspon dence and memoranda in the custody or control of a third party, which reason - ably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reason- ably requested information or grant permission to secure reasonably neces- sary information from third parties as required in this paragraph shall termi- nate any liability o'l the Company under this policy as to that claim, 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount eV Insurance. To pay or tender payment + under this policy meat of the amount of insurance un together with any costs, attorneys fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Cornpanv of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obeeetion to defend, prosecute, or con- tinue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Othierwise Settle With Parties Other than the Insured or With the Insured Claimant i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, authorized fees and oxpenses incurred by the insured claimant which were uho rized by the Company up to the time of payment and which the Company is obligated to pay, or (ii) to pay or otherwise settle With the insured claimant the loss or damage provided for under this policy, together with any eosts, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon ' 'e .. y . provided for in L eon the. exit � c .e by the Company of riither of the options pro paragraphs (bl,i: r• (ii), the Company's obligations to the insured' under this ..r the . ge .. required be rioiic for the claimed loss or damage, other than the payments re aired to b made, rep urinate, including any liability or obligation to defend, prose- cum or continue any litigation, 7. DETEFIMII' A'I1ON, 'NT OF LIABILITY AND COINSURANCE This policy is a contra indemnity against actual monetary. loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this poiioy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule Ae (k the difference between the value of the insured estate or interest as insured and the value of the ';,cured estate or interest subject to the defect, lien or encumbrance illSUirej against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date sl Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or! Merest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to fete total value of the insured estate or interest at Date of Relay; ay; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company chat! only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvenverit. The pro: isb lY1s of this paragraph shall not apply to costs, attorneys' fees and expensee for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT it the land described in applicable Schedule consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not, all, the loss shall be computed and ,ctled on a pro rata basis as if the amount of insurance under this policy was divided ;pro rata as to the value on Date of Policy of each separate pt,Lrcel to the whole, . exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to eacn parcel `v the Company and the insu ed' at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy, 9. LIMITATION OF LIABit Y (a) if the Con a ny establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of urama'ketability of title, all as insured, in a reasonably appeals therefrom, it any have fully performed on and the completion a any diligent manner by an method, including litigation its obligations with respect to that matter and shall not be liable for any toss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or dam- age until thew has been a final determirtstionbya court of competent jurisdic- tion, and disposition of ail appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settiiing ny claim or suit without the prier written consent of the Company. 10. FFEDUCTION' OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro Canto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any i amount the Company may pay Under any policy insuring a mortgage to which exception is taken in Sch'edule B or to which the insured h is agreed, assoned, or takers subject, or ,'rhich lo here after ex- ecuted by nn insured and which is a charge or iien o►e the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a pd,ment under this policy to the insured t wntt 12. PAYMENT OF LOSS me(a) No payment shall be made without producing this policy for endorse= nu of the payment unless the policy has been lost or deStioysd, in Which case proof of loss or destruction shall be ffunished to the satisfaction of the Com p an . N6,1 ■ (b) When liability and the extent of loss or damn _ has been definitely fixed in accordance with these Conditions and Stipu , , , the Toss or damage shall be payable within 30 days thereafter. 13. 1WBROGA a ION UPON PAYMENT OR SETTLEMENT i (a) The Company's flight of Subrogation. Whenever the Company shall have settled and paid a claim under his policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or properly necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to cute the name of the insured claimant in any transaction e, e ;ligation involving these rights or remedies. If a payment on accourit of a claim doers not fully cover the less of the insured claimant, the Company shall be subrogated to these rights and reme- dies in the proportion which the Company's payment bears to the whet amount of the loss. If loss should result from any act of the insured claimant, as stated abcrre, that act shall not void this policy, but the Company, in that event, she be required to pay only that part of arty losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the ir'ipalr ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-Insured Obligors. Tina Company's right of subrogation against non-insured ohligors shall exist and shall include, without limitation, the rights of the insured to tndem- nitres, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subroga- tion rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or th•j insured may demand arbitratioe pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable waters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company In connec- tion with its iaeuance or the breach of a policy provision or other obligation. All arbitrable matters when t Amount of Insurance is 51,000,000 or less shall be arbitrated at the opti ither the Company or the insured. All arbitrable matters when the Amou insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitra- tion pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made ore, at the option of the insured, the Rules in effect at Date of Policy shall be binding aeon the partiee. The award may include attorneys' fees only if the laws of tiae state le which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy rif the Rules may be obtaine i from the. Company upon request. 15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, If any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. In interpreting any provision of this policy, thie policy shall be construed as a whole. (b) Any claim of toss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action assorting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made e',acept by a writing endorsed hereon or attached hereto signed byeither the President, a Vice President, the Secretary, an Assistant Secretary, or yatidatirvi officer or authorized signatory of the Company. 16. SEVERABIL!TY In the event, any provision of the policy is held invalid or unenforceable . under applicable laW, the policy shall t. a deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES. WHERE SENT tramieresacamoviimes Ail notices required to be elven the's:ampany and any citatement in writing required to be fumishad the Company shall include the ntt+nber ^i this policy erne.' shall be addreeeed to the Company at Ticor Title 1 •surance Company of California, Claims bepartment, P.O. Box 2233, `.os Angeles, California !,3051. .��J 1.59 0.0) LA _� 1 CJ ICJ .��rJ rJ efg_jg J�� t2S.f.O )(f9 J►.�- -gfgroljig) 0 a 3 0) CO C � � 7 I me c z ti .s , m 0 W Oregon Land Title Auociation Standard Coverage Policy A'1dER POLICY OF TITLE INSURANCE ISSUED BY • Premium $ ep/ . 3 First American Title Insurance Company of Oregon An assumed business name of TITLE INSURANCE COMPANY OF OREGON of an Oregon corporation, hereinafter called of the shoh�ta$in�5c'nedulr A consideration does hereby insure i ch�Jli tide insurance, the number, date, and amount o y parties named as Insured in Schedule A, the heirs, devisees, personal re),resentatives of such Insured, or if a corporation, its :successors by dissolution, mecger or consolidation, against direct loA or d tm ge not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may be cbligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1 Tide to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unirwirketability, at the date hereof, of the tide said land of any''vestee named herein, unless such v.amarketability exists because of defects, liens, encumlarances, or other matters shown or referred to in Schedule B; or Any defect in, or lien or en- cumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B, or excluded from coverage in the Schedule of Exclusions from Coverage; or 3. Any defect in the execution of any mortgage or deed of trust shown in Schedule B the owner of which is insured by this policy, but only insofar securing su defect nend Meets the Len or char a of such mortgage or deed of trust upon said as such g BaJic k° land; or 4: Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority. 1 however, with from mad Coverage n the C ndition% sand 'Stipulations hereto a ' noted, which, together with Schedules A and B are all scab "ect, owever to the Schedule of Fxclusians ge hereby part policy. 1' ` witness whereof, TITLE INSURANCE COMPANY OF OREGON hats caused its corpntate name and seal to be hereunto affixed and authenti ated by the facsimile signatures of its President and Secretary, provided this policy Is valid only when countersigned by a duly authorized officer or agent of the corporation. Countersigned V Authorized Officer i2 7;. Taeumeuitee BY ciba FIRST AMERIC TITLE INS if:Cleit:feitP II* ' ° CI #4).,...11.1!,-- ``y ATTES 011 e)4490* RANCE COMPANY OF OREGON 4 ilAminvtaireb AI PRESIDENT SECREfAIY SCHEDULE OF EXCLUSIONS FROM COVERAGE This policy does not insure against or damage by reason of the following: 1. Any law, ordinance or governmen regulation (including but tot limited to buil g and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or "enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduc- tion in the dimensions or area of any lot or parcel of land. 2. Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. 3. Title to any property beyond the lines of the land expressly described in 'Schedule A or tide to streets, roadh, avenues, lanes, ways or waterways on which such land abuts, or the right to r rain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless this policy specifically provides that such property, rights or easements are insured, except that if the land abuts upon one or more physically open streets or highways this policy insures the ordinary rights of abutting owners for access to one of such streets or highways, unless otherwise excepted or excluded herein. 4. Detects, liens, s, the Insured encumbrances, adverse claims against the tide as insured or other matters (1) created, suffered, assumed or policy agreed t. the date Inc Insured Claimant acquired or (2) known to the Insured Claimant either at the date of this p ty rl ' ed an estate or interest insured by this policy and not shown by the public records, unless disclosure thereof in welting by the Iristyred shall have been made to the Company prior to the date of this policy; or (3) resulting in no loss to the Insured Claimant; or (4) attaching or created subsequent to the date hereof. 5. Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value without knowledge. 6. Usury or claims of usury. 7. `"Consumer credit protection," "truth-in-lending," or similar law. CONDITIONS AND STIPULATION+ III 1. DEFINITION OF TERMS The following terms when used (this policy mean: (a) "land ": the land described, specifically or by reference, in Schedule A and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of mat- ters relating to said land; (c) "knowledge": : actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) -date": the effective date; (e) "mortgage ": mortgage, deed of in- strument; trust deed, or other security n strument; and (f) "insured": the party or parties named as Insured, and i f the owner of the indebtedness secured by a mortgage shown in Schedule B is named as an Insured in Eehedule A, the Insured shall include (1) each successor in interest in ownership of such indebtedness, (2) any such s weer who acquires the estate or interest referred to in this policy by fore- closure, trustee's sale, or other legal manner in satisfaction of said indebted- ness, and () any federal agency or in- strumentality which is an insurer' or guerantor tinder , insurance contract . or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an Insured herein or not, subject otherwise to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mortgage described in Schedule B acquires said estate or interest or any part thereof, by foreclosure, trustee ':s sale, or other legal `panner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a conse, :hence of an insurance contract or guar anty insuring or guaranteeing the indebte edne;Is secured by a mortgage covered by this policy, or any part thereoi, this policy shall continue in force in for such Insured,' agency or instrumejttaliri , subject to all of the conditions and in stipulations hereof. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO GIVEN BY THE INSURED (a) The Company, at its own cost and without undue delay steal provide (1) for the defense of the Insured in all litigation consisting of actions or pro- .ceedings commenced against the insured, or defenses, restraining carders, or in- junctions interposed against a foreclosure or sale of the mortgage and indebtedness covered by this policy or a sale of the estate or interest in said land, or (2) for such action as may be appropriate, to establish the title of the estate or intRtest or the lien of the mortgage as insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance insured against by this policy, and may pursue any litigation, to final determination in the court of last resort. (b) In case any such action or pro- ceeding shall ez. begun, or defense inter- posed, or in case knowledge shall come to the Insured of any claim of title or interest which is adverse to the title of the estate or interest or lien of the mort- gage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the indebtedness . secured by a mortgage covered by this policy, or, if an Insurer' in good faith leases or contracts to sell, lease or mort- gage the same, or if the successful bidder at a foreclot,,ire sale under a mortgage covered by this policy refuses to purchase and its Any such event the title to said estate or interest is rejected as unmarket- able, the Inst;red shall notify the 'Com- pany thereof in writing. If such notice shall not be given to :he Company within ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly notify the Company. of any defect, lien or encumbrance in., cured against which shall come to the knowledge of theNInsured, or if the In - tilted shall not in writing, promptly + y p ny any in rejection ' notify the Compaq of an such. OE by reason of claimed unmarketability of title, then all liability of the Company in regard to the subject matter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Com- pany shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the at its own cost to institute and prosecute ally action, or proceeding or do any ocher act white in its opinion may be necessary or desir +, ble tee establish the title of the estate of interest or the lien of the mortgage as insured; and the Coin. pany may take any appropriate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide defense in such action or pro- seeding, and ail appeals therein, and permit it to use, t iza option, the name of the Insured for such purpose. Whenever requested by the Company the Insured shall give the Company all reasonable Aid in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse the Insured for. any expense so incurred, 4. NOTICE OF LOSS LIMITATION OF ACTION In addition to the notices required paragraph 3` statement in under art rah (b), a s catemen writing,of an loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Com- pany within sixty days after such loss or damage shall have been determined and no right of action shall accrue to the Insured under this policy until thirty days arter such statement shall have been furnished, and no recovery shall be had by ehe Insi'red under this policy Wets a +� . shall' be commenced thereon within five years. after expiration of said thirty Am.., First erica n Title Insurance mph of +egg: An assumed business name of TITLE I?32URAN3•;E COMPANY OF OREGON CLACKAMAS COUNTY OFFICES 112. 11th Street 311 "B" Avenue 10220 S.E. McLoughlin Blvd. 3e'.,i2,3 Proctor Blvd. OREGON CITY, OREGON 97045 LAKE OSWEGO, OREGON 97034 MILWAiiW!E, OREGON 97222 SAND ?, OREGON 97055 6546243 535460 15b3 7 966•4161 Pacific Realty Trust 1220 S.T. Morrison Portland, Oregon 97205 Date: September 1, 1983 ESCROW NO. 839173 RE: Henry/Pacific Realty Trust . gl T'e oes ETT7TE ate - SW Durham Rd. In connection with tie above numb. and Escrow, we enclose the following: Escrow COo ing Statement(s) HUD Settlement Statement Our Check No. in the sum of Deed /Contract recorded records of County, Mortgoge!Trust Deed recorded records of County, Note dated in the sum of $ Title Insurance Policy No. 350548 in the sum of $ 325, 565.93' Fire Insurance BD! of Sale Satisfaction/ Deed of Reconveyance Documents to follow: If you have occasion to call or refer to this escrow, please use the eSOrOw number shown in the upper right hand corner of this letter. It has been a pleasure to have been of service to you in Ms matter and we trust you will find the enclosed to be in order. FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON 3rcnch: Lake Oswego L y Amount S 325 5 6 5 99 3 SCHEDULE A Date July le, 1983 At 2:23 PM INSURED ----PACIFIC FEALTY TRUST - --' -- -and, Oregon Business Trust - -- The estate or interest referred to herein is, at he date hereof, vested in WALTER A. DURHAM, JR., an estate in fee simple-- - The land referred to in this policy is described as For legal deecription see Exhibit "A" attached- PAGE, OF PORGY NO, . 3$ 548 :, n EXHIBIT "A" parcel of A p •land in Section 13, Township 2 South, Range _1 West, Washington County, Oregon, described as follows Beginning on the South line of the Northwest 1/4, of the 'Northeast 1/4 of said Section 13 which is 835.58 fact West of the Southeast corner of the Northwest 1/4 of said Northeast 1/4, said beginning point being the . Southwest c 1 r� tract conveyed to Washington (;aunty, Oregon, b y deed recorded in u �ed Book 128, Page 34; thence North parallel with the ,Cast' line of the Northwest quarter of the Northeast quarter of said Section 574.46 feet to a po.at in Counfry Road No 534; thence South 48° 17' West in the center of said ;:oad, 620 feet to a point in the center of State Secondary highway No. ,2<,T, thence South 6° 35' West in the ceuiter of said Highway, No 217 to the North line of Cotineil View Acres; thence Easterly along said North line to the point of beginning Faa�► 2A ofoli+y Nb 3aS48 Onion Land Titk Aptr;:ue!: SlaOrd Coverail Policy SCHEDULE B This policy does not insure against loss or damage, nor again costs, attorney's fees or expenses, any or all of which arise by reason of the !natters shown or referred to i. , this Sr f 'dule except to the extent that the owner of any mortgage or deed of trust, is expressly insured on par4e 1 of this policy. 1. Taxes or assessments which aye nc> shown a existing liens by the records of any taxing authority that levies taxes or assessment on real property or by the public' records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedir, gs, whether or not shown by this records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records 'out which could be ascertained by an inspection of said land or by making inquiry of persons in pssessio3:ereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records; un- patented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose: 5. Taxes for the year 1963 -84 Due, but not yet payable. 6. City Liens of the City of Tigard, $7 0935.86 plus interest. For: Bancroft #16. 7. Statutory powers and assessments of Unified Sewerage Agency. note! As of the date of this policy there are none. 8. Rights of the public in and to any portion of the herein described Premises lying within the boundaries of roads or _highways. 9. Resolution and Order do. 76 -10 and 790.23 Filed: February 17, 1976 April 27, 1,79 For Rosewood Local Improvement District for the Const-;uction of lateral sewer system. Balance: $14,007.22, plus interest if r ny. 10 Contract, "including the terms and provisions thereo "E, Dated: August 24,, 1979 Recorded: September 6, 19/9a Fee No. 790304.50 Vendor Walter A. Durhan►o t1 on behalf of Durham Properties Vendee Glenn A. Henry Vendee's interest in said Contract was assigned by instrument Dated : July 14, 198 Recorded: July 18, 1583, Fee Igo. 83025605 From : Walter A. Dunham, Jr., on behAlf of Durbam Prow p erties and Henry To : Far�fi. Realty Trus t, an Oregon eu i�ires� Ti ua t II. Basement for Utilities in favor of the City of Ti.yard, including the terms and pruv►.sions thereof , recorded' FebruarV 2, 1983, Fee No. 83003790.. 12. Street Dedication and Right -Oi r -waY for utilities ai granted to the public, including' the terms and provisions thereof, r corded February 2', Glen 19 a3, F , P'o1�y 1 m8300 9 . 37� N- ual Ti 3� 3 350548' ,r Rating Bureau for Title insurance Companies in Oregon OMER'S INFLATION PROTECTION INDORSEMENT Annelle(' to Policy No. 54 Issued by First American Title Insurance Company of Oregon An assumed buslnosa nem of TITLE INSURANCE COMD'ANY OF OREGON The Company, recognizing the current effect of inflr^;ttion on real propeeiy a:uation and intending to Policy, additional monetary said Policy, hereby modifies said provide r protection to the Insured Owner named in sa 1. Notwithstanding anything contained in said Policy to the contrary, the amount of fess,:rance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. '"Adjustment Dates' is defined, for the purpose of this Indorsement, to be 52:01 a.m, on the first January 1 which occurs i`eee a than six months after the Date of Policy, as eheevn in Schedule -A of the Po!icy to which this Indorsement is attached, and on each succeeding January 1, 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may haw been increased theretofore' under the terms of this Indorsement) by the wine percentage, if any, by which the United immediately preceding Construction Cost Index (base period 1967) for the month of September Commerce Composite States Department o , P y p ng exceeds the highest Index number for the month of September in ati , • N of , ous year in which is subsequent to Date of Policy; provided, howeve that the maximum In any previous yeari force shell never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions end Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the h settlement of be deemed any bcla;e amount against the Company under said Policy, the amount of ' in tl Insurance first learned of the assertion or possible assertion force cf sucl h claim, or as of the date of recce t by tthe A y the Company of the first notice of such claim, whichever shall= first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Tao • AO"' 4140,1$ dif ()qv... ...h., co BY a +, PRESIDENT iir ATTEST I: e 1 SECRETARY THIS MAP IS FURNISHED AS A CONVENIENCE IN LOCATING PROPERTY AND THE COMPANY ASSUMES NO LIABILITY FOR AO' VARIAiT;ONS AS MAY BE DISCLOSED BY ACTUAL SURVEY First American Titla Insurance Company of Oregon An assumed business NMI a/ TITLE INSURANCE COMPANY OF OREGON 310 S.W. FOURTH AVI NUE. PORTLAND, OR 97204 (503) 222 -3651 Order #3505 2S *ry -13A OOOB 7.99 At. 2I :700 3. QZ Ac. (C,S. IUD, c16Zb) C22 err ?.CG. 1ri 2I! A0 EAST� .•... Imo ...v..... ..r wr ... won. °vier 14. •• .1 /11lWW1. 45111 SI11% M1i00 tram ml I%.0 ri0 410Q3 Or relay raw . - oi-1 • , 'r1 • day period. Failure to :eynish such stat merit of loss or damage, or to commen such action within the time hereinbefor specified, shall be a conclusive bar against maintenance by the !seated of any action under this policy. S. OPTION TO ` PAV, SETTLE OR COMPRO• MISE CLAMS Tine Company stall have the option to pay or settle or compiontise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebted- ness secured by a mortgage covered by this policy, the Company shall heave the option to purchase said indebtedness; such purchase, payment or tender of payment of the full amount of this policy, together with all costs, attorneys fees and expenses which the Company is obligated hereunder to pay, shat: ecrmi- nate all liability of the Company here- uncles.. In the event, after notice of claim has been iven to the Company by the Insured, the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign, said indebtedness and the mortgage secur- ing the same to the Company upon payment of the purchase price. 6. PAYMENT OF LOSS (a) The liability of the Company under chin policy shall in no case exceed, in all, the actual lose of the Insured and costs and attornev t; ' fees which the Com- pany may be obligated' hereunder to pay. (b) The Company will pay, in addi- tion to any loss insured against by this policy, all costs imposed upon the In- sisted in litigation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (1) if the Company, after having received notice of an alleged defect, lien or en- cumbrance not excepted or excluded herein removes such defect, lien or en- cumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Insured in Nettling any claim or suit without written consent of the Company, or (3) in tins event the title is rejected as un- marketable because of a defect, lien or encumbrance or excepted or excluded, in this policy, until there has been a final deters, nation by a court of com- petent jurisd'ction sustaining such re- jection. (d) All payments under this policy, except payments made for costs; at- torneys fees and expenses, shall reduce the amount of the insurance, pro r tinto and no payment shall be made without' producing ::pis polic for et iorseraent y of such pa ;-mint unless the policy be lost or destroyed in which case proof of such loss or destruction shall be fur- nished to the satisfaction of the Com- pany; provided, however, if the owner of an indebtedness secured by a mortgagee shown in Schedule B is an Insured herein then such payments shall' not reduce pro Canto the amount of the in- surance afforded hereunder as to such Insured, except to the extent that: such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or vol- untary satisfaction or release by the Insured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage., except as provided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be payable within thirty days thereafter. 7. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage here- after executed by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment to the Insured under this policy. The provisions of this paragraph num- bered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Tnaneed acquires title to said estate or interest in satisfaction of said in- debtedness or any part thereof. a. ' COINSURANCE AND APPORTIOMS.:•e"iT (a) In the event that a partial loss occurs after the Insured makes an improvement subsequent to the date of this policy, and only in that event, the Insured becomes a coinsurer to the extent hereinafter set forth,, If the cost` of the improvement ex- ceeds twenty per censure of the amount of this policy, such proportion only of any partial loss established shall be borne by the Company as one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy a:'d the amount expel del for the unproeen eot. The foregoing provisions shall n'a.: apply to costs and attorneys' fees incurred by the Company in prose - cuting of providing for the defense of actions or proceedings, in behalf of the Insured pursuant to the terms of this policy car to costs imposed on the Insured in such actions or proceedings, and shall apply only to that portion of losses which exceed e in the aggregate ten per cent of the face of thepolicy. Provided, however, th^t the foregoing coinsurance provisions shall mot apply lo any loss arising out of a lien or encum- brance for a liquidated amount which existed on the date of this policy and was not shown in Schedule B; and provided further, such coinsurance provisions shall not apply to any loss if at the time of the occurance of such loss, the then value of premises, remises, as so improved, does not exceed one hundred twenty p,'r centum of the amount of this policy, (b) If the land desitribeo or referred to in Schedule A is di' itible into separate and noncontiguous Pparcels, or if con- tiguous and such part.els are not used as one single site, and a loss is established affecting one or more of parcels but not all, the loss shall ± computed and 40r ed on a pro rata basis as if the face at of this policy was divided pro as to the value on the date of this policy of each separate independent parcel to the whole, exclusive of any improve- ments made subsequent to the date of this Kiley, unless a liability or value has otherwise been agreed upon as to etch such parcel by the Company and the Insured at the Time of the issuance of this policy and show's by an express --etemenc herein or by an endorsement attached hereto. s. SUCROOATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, aattd it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or property in respect to such claim had this policy not been issued. If the payment does not cover r the "oss of the Insured, the Company shall be subrogaced to such rights and reroedies in the proportion which sae id payment bears to the amount of said loss. 'If loss should result from any act vaf the In- sured, such act shall not void tWe policyy but the Company, in that event, shall be required to ,ay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impair- ment of the right of subrogation. The Insured, if requested Company the Company, shall transfer to the 'Company all rights and remedies agai,yst any person or prop- erty necessary in order to perfect quell right of subrogation, and shall permit the Company to use the name of the Ibaured in any transaction or litigation involving If the Insured es isuch rights or remedies. debtedness secured by mortgage e the gin- y coveted by this policy, such Insured may release or substitute the personal liability of any debtor or guarantor, or extend or other- wise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or relerse any collateral security for the indebted- ness, provided ouch act does not result in any loos of priority of the lien of the mortgage. tie), POLInY ENTIRE CONTRACT Any ar Lion or actions or rights of action that the Insured may have or i y bring against the Compan;r arising out of the status of the lien of the mortpa ge �co:'ered by this policy or the title o. titre estate or interest insured herein must be based on the provisioaas ut this policy. No pi'vision or condition of this policy emu be waived or chitnged except by writing . endorsed hereon or attached hereto signed by the Piwesiaenaa, a Vice President, the Secretary, and Assistant Secretary or other 'validating the Company. 1L NOTICES, WHERE SENT All notices .. required to be given _ the in writing is quirrue&to be furnished te . Company shall .include the number of this policy and shall be addressed to It at the office which honied ,,.this p Dc), Or to its home office at .310 S. W. Fourth Ave., Portland, Egon' 97200. LEGIBILITY STt31ii NV- s First America,_ Title insurance Company of Oregon MAIN OFFICE 310 S.W. FOURTH AVENUE PORTLAND, OREGON 97204 PHONE 2224651 EAST SIDE OFFICE 10595:S.F: Stark Sr PORTLAND,. 0r1EGO'ri 07.216 258-9103: GRESHAM OFFICE 857 E Powell Blvd. GRESHAM,.OREGCM 97030 6674333 BAREURI ®WD. r.'rrICE: 9498 S.W. Barba 8JId Suite; 300: PORTLAND, ORErt 972:rt 244-5099 W ASHINGTON COUNTY OFFICW,S 3843- S.W. Hall Blvd.: BEAVERTON ORECON 9700 841= 7000 7412 S.W. Beaverton-Hillsdale %iwy;, F , 97225 297. 7771: CLACKAiMAS' COD's iY OFFICES 112 -11th Street OREGON CITY, OREGON 9704 -5 65 t.. ,243` 311 "B'°. venue_ LAKE OSWEGO,: OREGON 970. °'A �o35 -3iko 3.E. McLoughlin Blvd- MILWAUKIE,_ OREGON - 87222' 83=7000 318325 Proctor-Blvd. . SANuY, OREGON 97051 688 =41c1 TILLAMOOK COUNTY OFFICE P O-Box 521 575 U.S.. High way 101 North TILLAMOOK, OREGON), 97141 812- 5556' POLICY OF TITLE INSURANCE First American Title Insurance Company of Gregor AGENCY OFFICES IN: BENTON COUNTY.. .... .. Willamette Valley Title Co. 582 N.W. Van Buren .Ave .......Corvallis, OR 97330 COOS COUNTY.... . ........ • • Willamette Valley Title Co. 294 Central Ave.. . ....... . . . . . — Coos Bay, OR 97420 CROOK COUNTY.... ....Central Crozet, Title Compel-? 340 N. BewvcrSt ...................... ...Prineville, OR S1754 CURRY COUNTY:... - .Gold Coast Title Company 388 N. Ellensburg Si. t Gold Beach, OR 9744.4. First Federal Building .......... ...... Brookings, OR 97415 DESCHUTES COUNTY........ Dsachutsa County Title Co. - Red Oaks Sq., 1230 N.E. 3rd St................ Bend, OR 97701 708 W f . r:hutes St. Redmond, OR 97755' DOUGLAS COUNTY.... , .. Cornrn _-a let Title Company • 5.,93 SE Pain Si ................: ........ Roseburg, OR 97470 GILLI CC/Wirt.. .. .ColumbiaTitleComr 505 -Court St... ..The Danes, OR 9. FOOD RIVER COUNTY. Mid-Columbia Title Com_ 114 Cascade Ave. . Hood River, OR 27031 JACKSON COUNTY......- . Crater TillE insurance Co. 604 W. Main St. Medford, OR 97501 435 E. Main St..... ............... . . . Ashland, OR 97520 JEFFERSON. CO_ UNTY.. —.Jefferson County Tide Company 790 Fifth St. Madras, OR 97741 JOSEPHINE COUNTY.... . .. . . Josephine County Title Co. 507 N.E.8th St Grants Pats, OR 97526 KLAMATH COUNTY Klamath County Title Co. 422 'Main SE.... ............. .......Klamath Falls, OR 97601 LANE COUNTY................. Willamette Valley Title Co. 845 E. Park St...... ..........----Eugene, OR 97401 LINCOLN COUNTY.•. .... ... Willamette Valley Title Co. 126 W. Olive St. .. ..... ... ........... ... Newport, OR 97:115 LINN COUNTY Willamette Valley `Ea Cu. 30P, S. Broadaibin St Albany, OP, 97321 MALHEUR COUNTY.. ... . Fidelity Title Company 1076 SW 4th Ave .... ....... .Ontario, OR 97914 MARION COUNTY . Willamette Valley Title Co. =Church St., N.E Seem, OR 97 POLK COUNTY .. . Willamette V►Iey Ti 168 S.W. Court St... ....�.......�.......... Dallas, OR 9 SHERM N COUNTY.. . Columbia Tills 505 Court at..... ... . ... ....The Dallas, OR 97058 UMATILLA COUNTY..... .. . Pleaser Title Co. +'` 126 SE Court Ave. Pendleton, OR 97801 UNION COUNTY.... .. Eastern Oregon Title, Inc.-. 102 Depot St. LaGrande, OR 97850 WALLOWA COUNTY... ...... Wallowa '9u. co. r" 119 W. Main St.. ... ... ... ... .......... .. Enterprise, 0r 978218 WASCO COUNTY Columbia Tit to. 505 Court St. The Oa€Ies, OR tr'a`ms. WHEELER COUNTY.... .Columbia Title Co. 505 Court St... . .... ..The Defies, OR 97058 YAMMILL COUNTY ..... . Northwest Title Company 445 Third St...... ..........�. McMinnville, OR 97128 601 East Hancock St....... .. Newberg, OR 97132 - 28113HA 00900 • ....� .... . 0XLBERTSON, ALLEN BARRY St ERNA C 16515 SW UPPB1 BOONES FY RD DURHAM OR 97224 15113BA -02000 ..... .. MOUNT HOOD CHEMICAL CORP 4444 NW YEON PORTLAND OR, 97210 2S113AC -00100 .......:... • • • • •• • • • 2S113AC -00102 ..• ..... PACIFIC REALTY ASSC'CS. L.P. 15115 SW SEQUOIA P1{WY TIGARD, OR 97224 -7131 2S113AC- 00300. D SITTEL, RALPH h AND BETTY J % NORRIS, PETER MYERS, GARY 16520 SW UPR BOONES FRY RD PORTLAND OR 97223 28113AB-00900 ............• CASE, DAVID CASE, DANIEL 4630 SW 39TH DR PORTLAND OR 97221 2S113AB- 01500 ..................... MT HOOD CHEMICAL CORP 4444 NW YEON AVE PORTLAND OR 97210 2S113RA -0 f ......••••••........• MOUNT HOOD(NHEMICAL CORP 4444 NW YEON PORTLAND OR 25113BA-02100 .•.••...•.....•...•e. MOUNT HOOD CHEMICAL CORP 4444 NW YEON PORTLAND OR 97210 2g1 3AC -00101 ....•. WASHINGTON COUNTY. 155 N FIRST HILLSBORO OR 97123 • • • • • • • • • • • • 2S113AC -00200 ..:............. SITTELJ RALPH A AND BETTY J 1`ORRIS, PETER MYERS, GARY 16520 SW UPR BOONES FRY RD PORTLAND OR 97223 2S113AC- 00400 ....... DALE FAMILY TRUST BY WALLACE DALE 16650 SW UPR BOONES FRY RD TIGARD OR 97224 • • 28113AB -01201 ♦•.•e.s••.••r..�s.s.. PAtl!XC REALTY ASSOC) ATES 15115 SW SEQUOIA. PKWY #200 -WMI PORTLAND OR 97224 SEE MAP S 1 1349 I00 3.58 SEE MAP 2S 1 I3AB 1400 97,015C0 gi j hp X2^0 INITIAL ; XPOINT 6 . aa' 3. r 7329 , i 11 ; 1100 M4..s.r.740 NZ 800 2.77 AC. FOR ASSESSMENT PURPOSES ONLY DO NOT RELY ON FOR ANY OTHER USE i o Q Z o 0 cr a� SEE MAP 2S I I3AC Is' R/v T IGMD DURHAM ■• 13B4 !- 0 W Qty' Fq7, COMMENTS DATE: October 6 1992 FROM: Tigard Planning Department RE: ®�eia�t� for a� Lot Line Adjustment approval �o adjust (NPO parcels of approximately 239,536 and 168,141 square feet into two parcels of approximately 234,178 and 9 each. APPLICABLE REV6 CRITERIA Community Development Code Sections 18162.050 a18.1 2.06C. LOCATION: 7312 -7352 SW Du.cham Rrad (WCTM 2S1 13AB, tax lot 1400) and 725.0 -7272 SW Durham Road IWCTM _ 281 13AC, tax 10r 102) ZOA`E: I -P (Industrial Park) The I -P zone allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, real estate, and business support services, manufacturing of finished products, packaging and processing, and whole ale storage and distribution among other uses Attached is the Site Plan, applicants statement, and Notice of Decision for your revie ,17. If you wish to comment on this application, or ar. peal this decision, we nrvad your comments. by Oct. 16, 1992. You may use the apace provided below or a t t a r : , , a separate letter to return your comments. I you; are unable to respond by the, above dam please phone the staff contact notte".ed be' .c w with your comments and coitfirm your: comments in writing as soon as po:.tsi lm. If yout have any questiciAs regarding this matter, contact the Tigard Planning De a rtme�tit, PO BoX 23397, 13125 SW Hall Blvd, Tigard, OR 97233. PHONE. t39_ 4171. STAFF CONTACT: Victor Adonri PLEASE CHECK T:3E FOLLOWING ITEMS THAT APPLY We have reviewed the proposal and have no objectiany to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: 1. 1„� �� NOTIFICATION LIST FOR ALL APPLICATIONS NPO 110. (2 les CITY DEPART ENTS _'Building Official /Brad R. City Recorder D. Peraits Coordinator/Viola G. 3. SPECIAL DISTRICTS Faire District (Pick -up box) Tigard Mater District 8777 SW Burnham St. Tigard, OR 97223 Tnnlatin Valley Water District —� 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. AFFECTED JURISDICTIONS Wash. Co. Land Use 4 Transp. 150 N. First Ave. Millsboro, CR 97124 Brent Curtis Martin Joann Rid Scott Icing Fred Eberle hike Borreson City of Boaverto\S Jim Bendryx MZ1 Box 4755 • Beavo_° ton, OR S7076 City of Xing City City Manager 15300 SW 116* Xinn City, OR 97224 City of Lake Oswego City Manager 380 SW A Lake Oswegw, dR 97034 State Highway Division Bob Doran PO Box 25412 Portland, OR 97225 -0412 i'PECIAL AGENCIES Grtaw..al Telephone 4uss Wells 12460 SW Main St. Tiglird, OYi 97223 NW Natural Gas Scott Palmer 220 NW Second Ave. Portland, OR 97209 TCI Cablevision of Oregon Nike Hallock 3500 SW Bond St. Portland, OR 97201 Columbia Cable (Frank Stone) 14200 SW Brigadoon Ct. Beaverton, OR 97005 STATE AGENCIES Aeronautics Div. ((OOT) Engineer F�dioM oHd + ltfh e Parks 4 Rocteation Div. Sutdividion Supervisor Dept: of Energy Dept. of Environ. Quality FEDERAL AGENCIES Parks.a Recreation Board Police Yield Operations School Dist No. 48 (Beaverton) Joy Pahl PO Box 200 Beaverton, OR 97075 School Dist. 23J. (Tigard) 13137 SW Pacific Hwy. Tigard, OR 97223, Boundaty Commission 320 SW Stark Room 530 Portland, OR 97204 ME'1'M1O 2000 SW 1st ave. Portland, OR 97201 -5398 DLCD (CPA's only) 1175 Court St. NE Sal©m, OR 97310 -0590 Other City of Durham city Manager 17160 SW Upper Boones Forty Rd. Tigard, OR 97224 City of Portland Planning Director 1120 SW 5th Portland, OR 97204 COOT Lidwien Rebmann 9002 SE McLoughlin Blvd. Milwaukie, OR 97222 Portland Ceneral Elec. Brian Moore 14655 Si Old Scholia Fry. Beaverton, OR 97007 Metro Area Communications Jason Hewitt Twin Oaks TtcbnalogY Center 1815 NW 169th Fiace 8 -6020 Beaverton, OR 07006.4886 US West "-'.' Pete Selson 421 SW Oak St. Portland, OR 97204 Division o: State Lands �'- Commerce Dept. M.H. Park JCDC PUC Fire Harahan Otaer Corps. of Engineers Post Office Southern PacLfic TssnsportatiOn Company Duane H. ;Forney, PLS - Project Engineer 000 NW 6th Avenue, R. :124, Union Station Portland, OR 97209 0 PACTRUST 15115 SW Sequoia Pkwy., Suite 200 Portland, Oregon 97224 Pacific Realty Associates, L. P 503 /624 -5300 • Facsimile: 503/624-7755 October. 12, 1992 HAND DELIVERED Mr. Chris Davies Engineering Department city of Tigard ►3125 S.W. Hall Boulevard Ti gaed, OR 97 %23 Deal" Chris: RECEIVED OCT 1 31992 COMMUNITY DEVELOPMENT Re: Lot Line Adjustment MIS 9? -0015 Oregon Business Park Ord, Oregon ,. Enclosed please find the Lot Line Adjustment map at full scale +prepared by Jim Weddle & A >so i ates Inc . , along with legal descri pti oris of the revised parcels as t *q ' . n the Notice of Decision recently issued under the referenced Lot Line Adjustment file. Please let me know if there is anything else needed to complete this Lot Line Adjustment. Encls, cc: Leon Hartvickson (w /o Ends Ken Grimes (w /o Ends.) Sincerely, PACIFIC REALTY ASSOCIATES, ku /II i chard P. Buono' Vice President • l h r 0 4.5 M � � y- 0 'y 0 -Y STATE OF OREGON County of Washington City of T:a.ga'd 1, ►1a ' AFFIDAVIT OF BAILING 411; being first„ duly swo., n /affirl on depoae and say: (Please print) That I am a V. f S ` 1 for The City of Tigard, Oregon . .� �...- That I served NOTICE OF PUBLI'. HEARING FOR: " T iat 1 serrec ,'NOTICE OF miciSZON FOR: ,'"City of Tigard Planning Director Tigard Planning.ComMi ®lion Tigard Hearings Office. Tigard City Council A copy (Public Hearing Not „ce /Fotice of Ex ibit "A ") was mailed to each named attached list marked exhibit "8" on the sand notice NOTICE OF D$CISION se here o bulletin beard on the off- day of in the Cniad States Hail on tike postage praledid. repared Notice Decision) of which in attached (Marked persons at the � res_s shown on the (04-, _ aa��di , day of k# attached, was posted on an appropriate j2-- f and .dep��eitec ►ie 19 day of SSuub ribed and sworn /affirm to tie on the 51 :,,t ' �+;, N (J 4 day o Y PUBLIC • 'GOON y CorimLosion Expi xes: q 1 7 a. tr- m 0 PACIFIC eti CITY OF NOTICE OF LOT LINE ADJUSTM REALTY ASSOCIATES, TIMM DEC XXON Jee l0C3 92 -0015 L.P. OWNER / APPLICANT APPLICATIQ : Appl 4ant requests Lot Line Adjustment approval to adjust two parcels of approximately 239,536 and 168,141 square feet into two pnrcc. s of approxii to ;,e'y 234,178 and 173,499 square feet each. ZONING Designation: I -P (Industrial Park) LOCATION 7312 -7352 SW Durham Road. (WCTM 2S1 13AB, tax lot 1400) and 7250 -7272 SW Durham Road. (WC 13AC, tax ;lot 102) DECISION. Notice is hereby (liven that the City of Tigard Coa un!Lty Development Director's designee has APPROVED the above request. IN ADDITION THE APPLICANT NEEDS TO BE AWARE OF THE PROVISIONS OF THR COMMUNITY DEVELOPMENT CODES AND OTHER REGULATIONS OR STATUTES THAT MUST BE MET. 1. A lot line adjustment survey map and legal description showing the existing and proposed lot lines shall be reviewed and approved by the Engineering Department. STAFF CONTACT: Chris Davies, Engineering Des brtment (639-4171'1. !MIS APPROVAL IS VALID IF EXE.RCI:SED WITHIN EIGHTEEN MONTHS OF THE FINAL DECISION DATE TOTED UADRR THE PROCESS AND APPEAL SECTION HELM. FINDING,, AND__CONCLUSION The findings and conclusions on which the decision is based are noted below: Community Development Code Section 18.162.060 contains standards for approval of a lot line adjustment request: 1. An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not redu.t:ed below the minimum lot size established by the ze ing district; 2 By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and 3. The resultin4 parce. rya nre in conform t;ir with the NOTICE OF DECISION ` - PACTRUST MIS 92+•'0015 PAGE 1 dimensional mtandards of the zoning district. The proposed icc l.a.ne adjustment is consistent with these standards. No new ,Fn,ot could be created through' the adjustment. The two lots are in thc Industrial Pa r% zoning district„ There is no Logvired minimum lot area for both lots. A minimum lot avid 4n of 50 feet is required in the Industrial Park zoning district. A11 site development improvements applicable to the developed parcels will remain consistent with Code requirements. +n addition to meeting the above standards, a lot line adjustment must also meet the following special provisions to lots created through the minor land partition process (Code Section 18.162.050): 11. Lot Width: Thc.. minimum width of the building envelope area :_ 1. meet the lot requirement of the applicable zc+ntn district. Lot Area: The lot area shall be as require by the applicable ;coning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. C. Lot Frontages each lot created through the partition process shall; front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement D. d_tbacks: Setbacks shall be as required by the applicable zoning district. Front Yard Determination for Flag vet: When the partitionr4d lot flag lag lot, the developer may determine the location the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing t:tructures Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lr;Jt in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide umable outdoor recreation areas for proposed development ire Frotectio, ;s The fire district may require the installation of a fire hydrant Where the length of PACTAUST an accessway would have a detrimental effect on fire fighting capabilities. H. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement which, will ensue access and maintGfalu e rights shall be recorded with the approved partition map. I. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation Where landfill and /or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of suf ficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a peJ.astrian /bicycle pathway with the tloodplain in accordance with the adopted pedestrian /bicycle pathway plan. Criteria A, B, Cr and D are satisfied. A minimum lot width of 50 feet is required in the Industrial Park zoning district. The lot widths for the two parcels exceed the minimum required lot width for the coning district. The lot areas exceed the required minimum lot area because there is no mi tii v m required lot area. Both lots will continue to have more than 15 feet of frontage on the public .` ght -of -way of SW Durham Road. Setbacks have been satisfied as required by the applicable ?orcing district on tax lot 1400. The adjusted setback relative r • p �d .property line . 1.3 feet. arse No side yarn to the ro os� setback is required, all other is setbacks greater Setbacks • for site building on tax lot 102 were , approved in an earlier sire de7 elopment review. The north setbacks backs till be increased to 21.5 feet. Criteria E, F and 3 are f p li. :..e, to, these parcels because they are not flag e not a � � �.�..� lets and are not within the floodplain. Existing accesses and fire hydrants are provided consistent: with Community Development Code and Uniform Fire C e de standards thereby satisfying criteria G Criteria H is not applicable to these lots because reciprocal easement required for these lots . An y a cesswa y shall comply with code stardards when. required. The City of Tigard Engineering and Building Departments have reviewed _ . proposal air ens; will comments c Delete ora the' The Engineering �� De�aa f� red n objections. 9 rin complete review : � .�„an riot to the �'�nd of he appeal map. and .. legal description of •the submitted lot line adjustment eal period. g P p NOTICE OF DECISION -, PACTRUST - MIS 92 -0015 PAGE The applicant shall submit th'a requested easerlent information to Bill Baierski of the Lng tearing Department. Service providing roviding utilities will have the opportunity to review the ��.od and the proposal and decision within toe .„ 0 day appe al period may request reconsideration of the decl.s�.on if it may adversely e affect the utility's or fire district's abilities to provide service to the subject properties or neighbor �.: nab prop p lMATIQN E'YttCI�DiDP.F A1�D APPEA..,� IS�ic�O 1 Notice: Notice was povted at Cit, Hill and mailed .ed to __K _The applicant and owner _.Owners of record within the requires : distance The affecti.d Neighborhood Planning Organization Affected government agencies 2. Final. Decisions THE DECISION SHALL BE FINAL ON 1,0-1 10-14- ES: AN APPEAL IS FILED. 3. 2W201; Any patty to may appeal �.s f,�.r�n in ,, the � and Section . the decis ,, n a this lde decision on of accordance with Section 15.32.290( the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is gives and sent. The appeal fee schedule and forms are available from the Planning Division at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filin 9f of an appeal ie 3:30 p.m. 10 -(b let a call the City 4. ,, ue�tionss If you have �questi� .,�s, �+ . '� , of qrd Planning. Department, Cite of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. PREPARED BY: r BY: APPRO D Victor Adonri D.W7E Assistant Planner i Ti ;Richar. • is watered= ff Senior Planner „, DATE NOT/CE OF DECISION PACTRTJST - N IS 92-0015 PAGE 4 •9 OREGON 0 cr o z BUSINESS PARK 1 1 ▪ '$113BA. -00900 Y ..4.. GrILBBRTSON, ALLEN ,BARRY & RRNA C 16515 SW TOPER SCONES 'FY RD DURHAM OR 97224 •2S1135A -02000 •.....'eo..•.........� MOUNT HOOD CHEMICAL CORP 4444 NW TIMM PORTLAND OR 97210 2S113A1 -00100 ...... 281130 -00102 ..................... PACIFY"; REALTY ASSOCS., L.P. 15115 SW S0 PKWY TIGARD, OR 24 -7131 25113AC- 00300 . o ....... ... f... . SI7TNL,' RALPH A AND TY J • NORRIS, PETER MYERS, GARY 16520 SW UPR pdONES FRY R© PORTLAND OR 97223 2S113AB -00900 ........4 • • Y . • CASE, DAVID CASE, DANIEL 4630 SW 39TH DR PORTLAND OR 97221 OR 97:'10 2S113BA.02100`. ......'......... N 1iT HOOD '4444 NW CAL comv OR 97210 23133AC- 00101 ..................... WASHINGTON COUNTY 155 N FIRST HILLSBORO OR 97123 2S113AC- 00204 SITTEL, RALPH A AND BETTY J NORRIS, PEMR MYERS, GARY 16520 SW UFR BOONES FaZ RD PORTLA>D OR 97223 2 S 113AC -00400 ..... ....... .... .... DAL FAMILY TRUST Me WALLACE DALE 16650 SW UPR BOONES FEZ RD TIGARD OR 97224 2S113A.B.- 01201 ' ..................... PACIFXC REALTY A►961)CIATES 15115 62 swola Poir #200 -wax PORTLATR 97224 2S113AB -01500 ........ MT HOOD CH RI CORP 4444 NW YEO '' VE PORTD QR 97210 PACIFIC REALTY ASSOC., L.P. 15115 Sub SEQUOIA PARKWAY #200 PORTLAND OR 97224 CRAIG HOPKINS 7430 SW YARNS ST TIGARD OR 97223 • PJ UEST FOR COMMENTS RECEIVED PLANNING OCT 141992 DATE: Octnbe,. . 1992 FR!: Tigard Planning Department AS: T LINE ADJUSTMENT Tt Line Adjustment ACIa PACIFIC approval' T ASSOC.:. (NPO #5) A request pP two parcels of approximately 239,5:16 and 168,141 square feet into two parcels of approximately 234,178 and 173,499 square feet each. APPLICAPLE REVIEW CRITERIA: Community Development Code Sections 18.162.050 and 18.162.060.. LOCATION: 7312 -7352 giN Durham Road (WC= 281 13AB, tax lot 1400) and 7250-72'2 SW Durham Road (WCTM 2S1 13AC, tax lot 102) ECM: I -P (Industrial Park) The I-P zone allows public agency admiuistraLtive oarvicaa, public support facilities, professional and administrative eetvioes, business support services, manufacturing of finished products, packaging and processing, and wholesale storage and distribution among other uses. statement, and Notice of Decision for c un Attached If the Site Plan, mapplicant's t o t his & pplicatice, or appeal this decision, we revive:. If wish. to comment oa need your comments by Oct. 16, 1992. You may WIG the epaca provided below or attach eo ..� � uable to BAOnre kv the abovte, please phone the staff contact noted no ed bolo? t ith youl.' comments and confirm your comments in writ inv as Boon as p Leible,, If you ha ve any questions regardt.ng this matter„ centact the Wigard, Planninl:,Y Depertmer• , PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223., PHCHE 639 -4171. STAFF CONTACT: Vic1.or Adonri PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ha :e raviewed the proposal and have no objections to it Please contact of our office. Ploase r e ' .r to the enclosed e l letter. Written Comment taeel rtu,":‘ Nam of Person Commenting: C,.:y y Phone Number: rJ .C'i 3 L 10" 61,14 Y b !T FOR COMMENTS DATE: October. 6 1S9 Tigard Planning Dent LM AL7JIIST T S 92-0015 PACIFXC REALTY ASSOC. (NPCb #5) A request for a Lot Line Adjustment approval to adjust two parcels of approzimalY:ely 239,536 and 168,141 square feet into two parcels of approximately 234,178 and 173,499 square feet each. APPLICABLV REVIEW CRITERIA: Community Development Code Sections 18.162.050 and 18.162.060. LOCATION: 7312 -7352 SW Durham Road (WCTK 251 13A3, tax let 1400) and 7250 -7271 SW Durham Road VWCTM 2S1 13AC, tax lot 102) ZONE: I -P (Industrial Park) The X -P zone allows public a9ency administrative services, public support facilities, professional and .administrative services, financial, insurance, real estate, and ' business support ,r services, manufacturing of finished products, packaging and procestIng, and wholesale storage and div»tribution nag other uses. Attached _i is tile: Site Plan, applicant's statement, and Notice of Decision for your' review- at you wish to comment on this application, or appeal this 'decision, we naed your COMalltel by Oct. 16, 1992. You may use the space provided below or attach a *separate letter to return your comments. If you are unable to r ai nd b„the date, pease phone the staff contact noted below with your counts and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF CONTACT: - . Victor Adonri_ PLEASE CHECK THE FOLLOWING ITEi4S THAT APPLY: we have reviewed the propoz:al snd have no ohjects.onc to it. Please contact of our office. Please refer to the enclosed letter. Written Comments girawneWia Name of Person COi ent g: Phone Number: k? .r: r\ 'AUgN T FOR COMMENTS :DATE: October 6. 1992 FROH: Tigard Planning Department RE LOT LINE ADJBE WNT MIS 92-0015 ACIFIC REALTY ASSOC (NPO #5) A request for a Lot Line Adjustment approval to adjust two parcels of approximately 18,141 square feet into two parcels of approximately 234, 178 and �173,499 square feet each. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.162.050 and 18.162.060. LOCATION: 7312 -7352 SW Durham Road `WCTMM 281 13AB, tax lot 1400) and 7250 -7272 SW Durham Road (WCTH 281 13AC, tax lot 102) ZONE: I-P (Industrial Park) The I -P zone allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, real estate, and business support services, maanufactu.ng of riaiehed products, packaging and processing, and wholesale storage and distribution among other uses. Attached is thu Site Plan, app•'? icant • e statement, and Notice of Decision for your review. If you wish to comment on this application, or appeal this decision, we need your commimts by Oct. 16, 1992. You may use the space provided below or attich a separate letter to return your cents. xL you. are unable to respond by„,the above date, please phone the staff contact noted below with your commamntie and confirm your comments in writing as soon as possible. If you have any quest.,ons regarding this matter, contact the Tigard Planning Department, P) nos 23397, 13125 SW Hall Blvd., Tigard, OAA97223. PHONE: 639- 4171. STAFF CONTACT: Victor A onri PLEASE CIC CE THE FOLLOWING ITEMS' THAT APPLY: We have reviewed the p rxmosal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Writtei Comments: Name of Person C mm sting: ASST FOR%C0N WM SieD ‘11) DATE: October 6. 1992 FROM: Tigard Planning Department RE: L+9T,,,,JIN3 ADJUSTMENT; MIS 92-0015 PACIFIC REALTY ASSOC. (NPO #5) A request for a Line jn ®taint approval to adjust two parcels of approximately 239,536 and 168,141 saquare feet into two parcels of approximately 234,178 and 173,499 square feet each. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.162.050 and 18.162.060. LOCATION: 7312-7352 8W Durham Road (Walrm 281 13AB, tax lot 1400) and 7250 -7272 SW DuLham Road (WCT I 281, 13A1!, tax lot 102) ZONE: I -P (Industrial Park) The I -P zone allows public ;agency administrative services, public support facilities, professional and administrative services, financial, in►iurance, real estate, and business support services, manufacturing of finished products, packaging and processing, and wholesale storage and elistribution among other used. attacLed is the Site Plat, applicant • s atatement, and Notice of Deoiaion for your review. If you wish to comment on this application, or apjn dal this decision, we need your comments by Oct. 16, 1992. USA may use the epd4 -e provided below or attach a separate letter to return your colic lmnte. If veal re unable �-.,ee the abcwe;k date,.. please phone the staff contact noted below with your comsz .nts and confirm your comments in iwriting as Boon as poesihbLe. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 972230 PHONE: 639 -4171. STAFF CONTACT: Victor Adonrl, PLEASE CHECK THE FOL0OWING ITEI4S THAT APPLY: }1( We have reviewed the proposal and have no objections to it. Please contact of our office. P3 ease refer: to the enclosed letter. Written m t nt s : MiNentlr.110•111 WWI '81t,,nommarra.■ Oc Name of Person Commenting: ri 5 ?hone Number: fi+ �� Yi p t• 1 t a ,r . de ,.. qq ,t y}^�vT ..� Irr�„R,�e. }y�i ,i y�Z �I+,,�1�''F'�wt J�r'' ��+ #i'.vir 14,%.(i., : ':.4r �!.C': �:r', lint nj;�1�l'T',. i� h Y'(,�,91i�, a54i '. y� {Y'.s X j [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]