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MIS1994-00002
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. IP; -9835 SW Greenbrg d , 1.S1 26C, 402 & ;500 FILE N0: MIS 94 -0002 TITLE: W & H Pacific /Washingon Sq. Inc. APPLICANT: W & H OWNER: Pacific : Washington Square Inc. Pacific OWi� PO Box 80040 PO. Box 21545 Pork" land, OR 97280 Seattle, WA 98111 REQUEST: To aE. just existing property lines to modify, the 'size of two existing parcels from 253,701 and 41,753 square feet to 233,262 and 62,192 square feet each LOCATION: 9835 SW Greenburg Road (WCTM 151 26C, tax lots' 402 and 500) APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.62, 18.102, 18.106, 18.108, and 18.162. ZONE: C-G (General Commercial) The C -G zoning district provides sites for major retail goods and services. CIT1 East CIT FACILITAT01: Joel Stevens CHECK ALL WHICH. APPLY:. X STAFF DECISION PLANNING COMMISSION HEARINGS OFFICER CITY COUNCIL DATE OF HEARING: DATE OF HEAR`NG DATE OF HEARING THE FOLLOWING ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE PLANNING DIVISION: X _ VICINITY MAP ^ LANDSCAPING PLAN X NARRATIVE X ARCHYTECTJRA; PLAR X SITE PLAN OTHER STAFF 'CONTACT: Mark ._Roberts -- 639 -- 4171.. LA). 61,1 S.---4.actve , -3>< - 1r1'/..5* a -H 4 �'c11 / +c cam, °obe Z s -70 REQUEST: LOCATION: r ..� �.�. G (/-ei,\ '(-tv-0 Rd Aa , s 26 • ) 16 2_, de4d sac") I- e-,t4e sho 0 io __rr� 1 t� �Tev'S`�p ik H� o� a 1/ 1"30 e.C)a Q ti ot A 6P42ef t lots 1Pood, A'PLICABLE REVII a CRITERIA: r g, '2 t 6 1 10.2./ t t I 1d6 r 9c) a) h ZONE s LI evt/ a tdievc r / k ` v LJCe. CIT: CIT FACILITATOR: * a 1. CHECK ALL WHICH APPLY: STAFF DECISION PLANNING COMMISSION HEARINGS OFFICER CITY COUNCIL DATE OF DATE OF SING : � TINE a I GB: DATE OF HEARING. 1 T`L s asesumeareepormetxresadri THE FOLLOW., NG ATTACHMENTS AV FILM LE FOR VIEWING IPA THE PLANNING OIV`I$IONa rVICXNXTY MAP LANDSCAPING PLAN , _` NA tRATIVE TE 'TUR PLC' SITE PLAN OT ST APP CONTACT: '..�... -.ate- .St�l' 1 ADaDIS°.LMEIv'f'T APPI+7[CAT CITY OF' TIGARD, 13125 SW Hall, PO Box 23397 Tiger de Or gon 97223 - (503) 539 -4171 FOR ST USE ONLY CASE t C. 2.Y.-:-.11064 OTHER CASE WAN °: '�°' eI -- (d2 RECEIPT APPLICATION ACED BY: DATE: ! TAX NAP AND LOTNo /5/ zaef 041:PZ- PROPERTY OWNERS ' /041? %-r _ b ADDRESS ;.. - ?C V5±5,,,_ PHONE zip _AE.411_ CITY r � Application elements submitted: (A) Application form B) Owner q s signatures / written authorization PROPERTY OWNERS ADDRESS liql L . eaK _ Z/6"46'5 P11,0103‘ 10NE (...‘._,.441.2..F.2-5 (F) Zulat.,,of—Abstriplag....owaaner- ' ZG) Filing fee ($'Stb) DATE DETERM NED BE COMPLETE: 79k µ risp APPLICANT * /AGENT'' ADDRESS , i e. d t?h" eE62e2 " tl , PRONE `-- v CITY ,eA/% ; 0C ZIP 070 . *When the owner and the applicant are different the applicant must be the purchaser of record possession with. written Or a lease in xsanBa agent of the owner from the owner or g authorization. The owner (s) tnuet sign this application in the space provided on P :ge two or submit a written authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject property request permission to adjust (number) parcels of 255 74f '?,hand 4/ (acreage or square • £-Q o ge ) into pay cell 'of, uc , /eZ ' (number (acreage or ;square, footage) hkm %IPtA E iDJ. WPF FINAL DECISION DEADLINE:, , COMP. PLAN /ZONE DESIGNATION' P_ : Planning Director Approval Date Planning ...._.�..:. Engineering: - Date. Recorded and Null ber: List any. variance, . conditional uses, as Part 'Pert of this application: • �. � .iC'aanta: To ha e a a oMplete applicaticn you w3 3.1 need to submit attachment nt described deecribev in the attached £ infOrmatiold sheet at the ti s ae, .tau = ubmii application. THE APPLIC NT (S) SHALL CERTIFY T T: 'th y, e3t does not r io ate r °s d edl s; ter c:b a;Re fleet er be attached to Via. sod u r n the sub' •'ro'• wrt If the appliaaction is granted, the applicant *I.11 exercise the .rights granted in accordance w',th the ,terms and subject to all the conditions and limitations of the approval.. �o All of the above statements and the statements JO the plot plan, attachments, and exhibits t ransmitted herewith„ ardlra trn H and the applicants so acknowledge that . any permit mit issued, based on this. application, may be revoked if it is found that any Ouch et temente are false The applicant has read the entire '. contents of the application, including the policies and criteria, and understands the requirements for a pprov�ying or denying the application, DATED this day Of ... 1.. SIGNATURES of each owner (ear, husband and ifo a of the subject .property. Presi dent .. . +e'nti.i�an.�u+rkin+eiswrba?�+. u,t SQUARE LAND IO. LTD. an Oregon limited partnership which was incorrectly identified as a Washington limited partnership in the deed on which it toe title to parcel II on Exhibit A ("Grantor"), conveys and warrants to WASHINGTON SQUARE, INC., a Washington corporation ("Grantee"), that certain real property described on Exhibit A attachad hereto and made a part hereof, subject, to the exceptions descraled on Exhibit B attached hereto and made a part hereof. The 'bele consideration for this conveyance is the di solettion of Grantor and distribution of its assets to its sol remaining partner. The interest of the tenant under the Lease described in Item No. 31 of Exhibit 13-1 attached hereto and made a part hereof is hereby merged into tAe fee aimple interest in th property leased thereby, the holder of sad tenant's interest having hnrebY acquired the landlord's tnterest therein, except that no such merger shall occur to the extent that any third party claimant that i unknown to Grantee as of the date hnreof would be benefited thereby. DATED as of this 28th day of January, 1991. SQUARE LAND CO. LTD., an Oregon limited partnership, By: WAsHINGTOU SQUARE, INS., a Washington corporation, its general partner By .e Its Fesident STATE OF WASHINGTON ) ) ss. COUNTY OF RING ) Tnislis to certify that on the giko day of January, 1992 hefore me„ the undersigned, a NotarY PublIC, personally appeared 11.±1LitgitkL. and to me known to be the pfrgolpgrArr and A.4. eLerg, , respectively, of WASHINGTON SQUARE, INC., the corporation that executed the foregoing limited partnership, and aacknoleledged the said instrument to be the free and voluntary act and deed of said corporation as said general partner for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said inrbtrument and that the seal. (I.f afftxed, is the corporate seal of said corporation. Witn se my hand and official seal affixed the day and year fir . t above written. DIZIE 180016a-1 Commissbz Sidra Ape. A 1994 NOTARY PUBLIC STATE OF WASHINGTON Notary Pub c n and Stat of Washington, :r iding at a J( My appointment expires: aim vj .t®, 91- GRANTEE'S NAME AND ADDRESS: Washington Square, Inc. P. 0. Box 21545 Seattle, WA 98111 -3545 GRANTOR'S NAME ANo ADDRESS: Square Land Co.' Ltd. P. O. Box 21545 Seattle, WA 98111 -3545 ,AFTER - REccIRQING. RETURN TO,: Washington Square, Inc. P. O. Box 21545 Seattle, WA 98111 -3545 Attn: Colleen M. Broaddus THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE. LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WIT3 THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY, APPROVED USES UNTIL A SHALI BE SENT 'i'- '5 REQUESTED, FOLLOWING ADDRESS: TAT STATEMENTS Washington Square, Inc. P. 0.)30:: 21545 Se attle, WA 98111 -3545 Description: AMENDED PARCEL I: r That ®tracteofolandamsituatedtin Section 26 and 35, Township 1 South, Rag to Meridian in he County of Washington, State of Oregon, more particularly described as follows: Beginning at the D�t6drgCraary by De ®��Erecord ®dlYiov of that tract of g 9 ember 5, 1965 in land conveyed ' Book 576, page 196, Records of said Washington County, with the Southwesterly line of Hall Road ;Staten Highway No 2/7); thence along Sout• hS01 h South 269.28 03° 00° West 55.05 feet; thence North64'12' 590 West 160.72 feet to the intersection of a 45.00 foot radius curve; 'c?lcnce 56.47 feet along the arc of said 45.00 foot radius curve to the left through e central angle of 71' 54' 03° to a point of tangencj. thence South 01' 03' 00° West 252.50 feet; thence South 88' 57' 00° East 177.00 feet; thence South 01' 03' 00° West 188.113 feet; thence South 88' 06' 05° East 288.15 feet to the Westerly line of SW Gr-4enbuxg Road; thence along the Westerly line of said SW Greenburg Road South 00 56' 36" west 277.37 feet; thence South 11' 22' 29° West 46.96 feet; thence South it 10' 40" West 130.47 feet; thence South 11' 22' 12" West 12.90 ' 53' 18° East 26.25 feet; thence South 14 51' feet; es• t ®250.00ufeet; thence South 32' 36' 03 West 26.25 feet; thence South 14. 51' 23° West 97.63 feet to the intersection of a 66.00 1oot radius curve; thence 45.98 feet along the arc of said 66.00 foot radius curve to the left through a central angle of 39' 54' 51° to a point of tangency; thence North 88' 06' 05" West 685.06 feet to the beginning of a tangent 400.00 foot radius curve to the left; thence Southwesterly along the arc of said curve 640.17 feet through a central angle of 91' 41' 52 °t thence tangent to said curve South 00' 12' 03° West 258.78 feet, thence South 89° 40' 00° West 630.77 feet; thence South 00' 20' 00• East 784.33 feet to a point on the Northeasterly right -of -way .ins of the Oregon State Highwr4y (Beaverton- Tigard Freeway); thence along said right -of -way line as follows North 45' 10' 42° `teat 5.07 feet; North 37 07'_00" West 164.80 feet; North 24' 20' 47° West 387.35 feet; North 12' 55' 20" West 290.00 feet; North 7' 49' 50° West 30.41 feet; North 21' 59" Vett 296..42 feet; North 2' 22' 32° West 2'0.25 feet; 9' .' ° 92.01 feet, theme North a0 41' 08 °f East 671.49rffeeet; thence Northeasterly feet, themes :Tight 129.!.8 along the arc of a tangent 500.00 foot radius curve to the ' ° 47' 25• West eoce Nortn 88' 21' i i" West 13.46 angle thence North 34 t 46.50' feet; of 19 48 09 to a paiati, thence North 88' 45'453° West 45.82 feet; thence North 19 56' 09° East 57.62 feet, thence South 60 45' 35 East 84.68 feet; along the arc of a 30.00 foot radius curve tothele t 64' left tth ough Dated November 11, 1991 Page 1 263103311 EXHIBIT: A, 7 pages, JAA a central angi , of 81' 26° 05° to a point of tangency3 thence North 29' 48' 200 East 183.33 feet to a point of curvature; thence 163.43 •0 ?; feet along the arc of a 95.00 foot radius curve to the left through a central angle of 98' 33' 55° to a point of taneeley; thence North { 68' 45' 350 West 02.00 feet; thence forth 21' 14' 26° Eait 105.e0 feet to a point whichg iu located 30.00 feet left of etate Highway Entineor's Station SF8 16 @ 39.68; thence Soeth 68' 45' 34° E.., et 12.00 feet to ;'+ z a point on the arc of a 70.00 foot radius curve; thence 109.96 feet along the arc of said 70.00 foot radius curve to the left through a central angle of 90' 00' 00° to a point of reverse curvuture; thence 2•„�, 223.64 feet along the are o2 a 130.00 foot radius curve to the right through a central angle of 98' 33' 55° to a point of tangency; thence South 29' 48' 20° Neat 121.15 feet to a p oint: of curvature; thence 123.79 feet along the arc of a 445.00 foot eadius :reeve to the left through a central angle of 15' 56' °17° ton point; thence South 826' `"1� •'` 21' 02 East 0.08 feet; thence 66.89 feet along the arc of a 437.00 foot radius curve to the left through a central angle of 08' 46+' 11 point; ° to a ont, thence South 88' 20' 02° East 24.22 feet;. thence South 21' 17' 45° West 81.11 feet; thence South 00' 41' 08° West 670.11 feet to a )point in the North line of that tract of land granted to Gust 1892 Book 33, page 334, Deed Records th 89' 13' 49' East 217.62 of Washington ^Gounty, Oregon; °thence2.t8iu3 feet; thence North 89' 40' Cason, , by Deed recessed March feet; 49' 14 West .a9 00 East e64.81ofeet;�thence North 0a. 20' 00° West 0.42 feat; thence ° 40' h 123.00 feet; thence North 00' 20' C0° West 43.58 -� - North 89' 4A 00 East 123. ; feet; thence South 89' 40' 00° Etagt 68.00 feet; thence South 00' 20' ° 00' 20' 04° West 190.58 feet; thence 107.00 feet; thence are` North 3.58 feet; thence Nora 89' 40' 0� East No>w:tb 89 40' 00° East 70.00 00 °tEaste� /5.37reu .; 20' r ° . ° aJ `20 ,d West 2"00 00 feet; thence North thence ��" 28' ° . 697.61 00' 0 West 361.69 feet; South 87' 28 18. East. � .61Nfeet ;'O thence North 01' 03' 00 East 333.32 wr" BEGINNING. feet to the PO/NT OF BEGI EXCEPTING THEREFROM the tract conveyed to the State of Oregon, Department of Transportation recorded May 31, 1989, Recorder's Foe No. 89 -24472 and to Washington County recorded July 2 1979, Recorder's Fee Na. 79025766. ALSO EXCEPTING THEREFROM the tract conveyed to The May Department Stores company, recorded February 20, 1940, Recorder's Fee No 90-08126. TOGETHER WITH a strip of land over a portion of OAKBURG, a duly recorded Plat in g g d Section 26, describedaasifolla�raQUnty, Oregon. a of said (ACCESS ROAD NO 6) Beginning at a point in the Easterly line of Lot 1, said OAKBURG distant thereon South 15'11'48° West, 4.14 feet from the Northeasterly corner of said lot, said corner bet eg also the intersection of the North line of said Section 35, with the Westerly line of said S.W. Greenbueg Road Dated November 11, 1991 Page ' i 2 2631037�H s tot thence along the Easterly line of said Lot 1, and the Westerly line of said S.W. GreonbUrg Road, South 15.11'4, West, 77.14 feet; thence at right angles North 74'48'12° West, 15.00 feet, to a point on the aro of a 29.00 foot radius curvy, to the left, the center of which ben, :s South 56'45'21° West, from said point; thence Northeasterly along the arc of said curve, 28.22 feet through a central angled of 55'45'13'; thence tangent to said curse, North 89'41'14° West,_ 872.01 feet; thane North 0'20'00° West, 62.00 feet to a point in said P'Jorth line of Section 35; thence North 0'12'03° Eaec, 35.94 feet; thence Southeasterly along the arc nf a tangent 40.00 Zoot radius curve to the left, 62.75 feet, throve', a: central angle of 89.53117°; thence tangent to amid curve along a line that is parallel with and distant Southerly 4.00 feet, measured at right angles from said North line of Section 35, South 89'41'14 East, 891.06 feet, to the point of beginning. TOGRKBURG described as follow: Locust S$Ceet) over a portion of said OAKBURG (ACCESS ROAD NO 7) Beginning at a point South 0'18'12° Wrist, 5.00 feet, from the Northwest corner of Lot 25, said OAKBURG; thence along the Northerly proLoagation of the Westerly line of said lot, North 0'18'12° East, 30.00 feet, to a point on the center line of Southwest: Locust Street; thence :long Bald center line, North 89'41'480 West, 37.27 feet; thence North 0'20'00° West, 30.00 feet to a point on a line distant 5.0 feet Northerly from and parallel with the Northerly line of said Southwest Locust Street; thence along said parallel line, South 89'41'48' East, 70.04 feet; thence leaving said paral ?yel line, Southeasterly along the arc of tx tangent 380.00 foot radius curve to the right, 165.14 feet, through a central angle of 24'53'59'; thence tangent to said curve, South 64'47'49° East, 405.94 feet on a point of curvature; thence Southeasterly along foot radius curve to the �eft��94.161fee the arc rc of a tangent 870.00 fooi2'05°, to a point . feet, through a central angle of 6 of compound curvature; thence Northeasterly along the arc of a tangent 49.00 foot radius curve to the left, 80.34 feet through a central angle of 93'56'36° to a point on the Westerly line of S.W. Greenburg Road thence South 15'03'30° West, 158.31 feet along said West line of S.W. Greenburc Road to a point of cuurvature, thence Northwesterly along the arc of a 49.00 foot radius curve to the left 74.14 feet, through a central angle of 86'41'38° to a point of reverse curvature; thence Northwesterly along the arc oi a 930.00.foot radius curve to the right, 111.00 feet through a central angle of 6'50'19° to a point of tangency; thence North 64'47'49° West, 405.94 feet to a point of curvature; thence Ncjthwestarly along the arc of a tangent 320.00 foot radius curve to the left, 139.07 feet: through a central angle of 24'53159' to a point of tangency; thertce Nc,_th 89'41'48° West, 32.44 feet to the point of beginning. TOGETHER KITH that certain Grant of Noe- EcclUtive Roadway Easement, dated April 26, 1972, from Wismar Y eeific Inc.., and Dave Christensen, Dated November 11, 1991 263103311 ai+s.t! .4.01 OA- eeeee Inc ., both Washington corporations (grantors) to Washington Square, Inc., a reehington corporation, The May Department Store Company, a New York corporation, doing business as ''Meier & Frank °, Seam, Roebuck and Co.,a New Yerk corporation, and Square Land Co., Ltd., auk Oregon limited partnership (grantees), recorded May 5, 1972, in Book 865, Page 197, Records of Washington County, Oregon, as amended and mo ified by instrument -dated November 1, 1974, from Winmar Pacific, Inc., a Washington corporeeion (grantor), to Washington Square, lee., a Washington corporation, The May Department Storms Company, a N ©!1 York corporation, doing business as "Meier & Frank °, Sears, Roebuck and Co., a New York corporation, and Square Land Co., Ltd., an Osego0 limited partnership (grantees), recorded November 5, 1974, in Bock 999, Page 396, Records of Washington County, Oregon, which grunt of Non- Erolusive Roadway Easement as n"Pnded affectse pertains to argd creates a perpetual non - exclusive aawement upon, over and scrods the following described real property situated in Washington County ?, Oregon: (ACCESS ROAD NO. 2) A 1 West o f of thenWillametteoMeridian, Section 2, County Township 1 South State oi` Oregon, described an follows Beginning in'4g at a point that bears North 0'12'03° East, 86.28 feet and '00° West, 1.00 feet from the most Westerly - Northwest corner of that tract of land eescribed in deed recorded in Book 576, Page 196, Deed Rocerde of Washington County, Oregon; thence South 89 °40'00° West, 74.93 feet; thence North 7'39'01° East, 103.73 feet to the beginning of a 127.00 foot radius curve to the loft; thence Northerly alone the arc of said curve, 14.53 feet through a central angl, of 1'51'21"; then a non-radially from said cures, South 08.21'11° East, 3.51 feet to a point on the arc of a 430.50 foot radius curve to the left, the radius point bears Worth 84.20'1.9° West; thence Northerly along the arc of said curve, 40.12 feet, through a central angle of 5 °20'23 °; thence North 0 °19'18" East, 109.93 feet; thence North 86'21'11 Weet, 3.50 feet ;.hence North 0'19°18° East, 322.27 feet; thence North 1'15'36' West, 229.56 feet co a point on the Southerly right of way line of S.W. Hall Boulevard, said point also Ding on the aro of a 924.93 foot radius curve to the right, the radius point bears South 39 °50615• Weet; thence Southeasterly along the are of said curve, 61.38 feet through a central angle of 3 °48'08 °; thence South 46.21'38° East, 7.31 feet; thence leaving said Southerly right of way line South 0.12'0:4° Hall 0 °12'0: Weet, Boulevard, 214. 58feettto0the�pointe , et; tbenc® of beginning. TOGETHER WITH en easement for the purposes and uses set forth in that certain Conctri.:citon, Operation and Reciprocal Easement Agreement between. Washington Square, Inc . , Sears, Roebuak and Co . , and the May Department ao m 5 Stores Company, dated April 25, 1972, recorded y Page 12, and amended thereof, dated February 1a,1973 972, and recorded July 19, 1973, Book 936, Page 284, Records of Washington rt q Dated November 11, 1991 Page 4 A 2631033;, t► r�y�,�'! µ�i��. '� � KiA• 3'•�� ph`til+ .i. 11:9 !!H- �!�fCr+7'? yl�:+� i i!4S'+•P �tVI� � ��u `'!'� rl^•f�, j� ,':;rare County, Oregon, over the following described property: (SEARS, ROEBUCK & CO0 PARCEL) That certain tract of land situated in Sections 26 and 35, Township 1 Seuth, Range 1 West of the Willamette Meridian, in the County of Uashington and State of Oregon, described as follows: Beginning at a point on the Northerly prolongation of the Westerly line of Lot 25, OAKBURG, a duly recorded plat in saJi county, Wetance thereon North 0'1812° East, 25.0e, feet from the Ne 'meat corner of said lot; thence along said prolongation, said West ely line and the Southerly prolongation thereof, South 0'18'12" West, 615.85 feet to the Northeasterly right of way line of the Oregon Sate Highway (Beaverton-Tigard Freeway); thence along said right of way line as follows: North 6254'57° West, 117.56 feet; North 55%916" West. 123.38 feet; Northwesterly along the arc of a spiral curve to the right, the long chord of which bears North 51'57'45° West, 486.30 feet; and north 4510'42" West, 102.29 feet; thence Ieaveng said right of way line, North 020'02" West, 784.34 feet; thence North 89'40'00° Rest, 630.75 feet; thence South 0'12'036 West, 264.54 feet, to a peint on the section line between said Sections 26 and 35; thence South 0'20'00" East, 402.83 feet; thence South !S'41'48" East, 37.27 feet to the point of beginning. That portion of Section 26, Township 1 South, Range 1 West Willamette Meridian, in the County of Washington ane State described as follows: (MEIER & FRANK PARCEL) Beginning at the most Westerly Northwest corner of that tract of and described in deed recorded in Book :76, Page 196, Deed Records of Washington County, Oregon; thence South 87"28'25" East, 263.04 feet; thence South 0'20'00" East, 361.69 feet; thence south 8940'00" Vest, 275.37 feet; thence South 0'20.00° Eacei 9.02 feet; thence South 8940'00 West, 87.17 feet; thence North 0'20'00" West, 4)0.11 feet; thence North 8940'00" East, 100.63 feet; thence South 012'02' West 86.28 feet to the point of beginning. EXCEPTING THEREFROM that portion conveyed to The May Department Stores Com;pany, recorded February 20, 1990, Recorder's Fee No. 90-08126. That portion of Section 26, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, described as follows: (YEIER & FRANK PARCEL) Oregon, Beginning at the most Weleerly Northwest corner of that tract of land Washington County, Oregon; thonce North 012'03" gest, 06.28 feet;' deacribed in deed recorded ie Beck 576, Page 195, Deed Records of • thence Swath 89°4000° Weet) 100.63 feet to the true point of beginnine; thence continuing South 89'-'0100° West, 543.43 feet; theece South 0'41'08° West, 390.01 feet to a point in ee" North line of that tract of land granted to Gust Olson by deed revere d March a, 1892, in Book 33, Page 334, Washington County, Oregon, Deed Records; thence South 89'13'49° East 217.62 faet4 thence South 0.49'144 West, 398.03 feet; thence North 89'40'00° East, 64.97 feet; theace North 0'20'00° Weet, 0.42 feet; theace North e940,00° East, 12.3.00 feet; thence North 0°20'00° West o 43.58 fe t; theece Sorth 39.4000' East, 68.00 feet; thence South 0°20000" East, 3.58 feet; thence Nor e 89'40'00° East, 107.00 feet; thee North 020'00° West, 190.5. )mt; thence North Z9'40'00° Scot, 70.00 feet; theuce North 0'20'0e° West, 90.98 feet; thence South 89.40'00" West, 87.17 feet; thence Werth 0'20'00° West, 470.11 feet to the true point of beginneng. A non -seclusive easement for vehicular td pedestrian access, ingr,se and egress over and across the surlace of 'lie following described parcel, as reserved in the Deed from Square Land Co. Inc.„ Ltd., a Waehingten limited partnership to The May nepartment Stores Company, a New York corporation, recorded February 20, 190e, R corder's Fee No. 90-00126: A tract of land loceeed in the Southwest one-quarter of Seition 26, Tewnship t South, Ranee 1 West of the Willamette Meridian, iu the City of Tigeed, County ee Pashington and State of Oregon, and being more particularly deecr .d as follows: Begenning at n point that hears South 89°13'49° East 67.80 feet from the interPectien of the Easterly line of the Beavertee -Tigard (Oregon State) Preaufere and the Northerly line of that certain tract of land granted to Gust Olson by deed recorded Maroh 2, 1892 in Bock 33 at Page 334, Washington County Deed Records; thence from the point of beginning South 00'41'080 West 111.08 feet; thence South 8940'00° West 54.68 feet; thence South 18'19'00° West 107.90 feet; thence Souehwesterly along the arc of a tangent 1,182.00 foot radius curve to the left 192.12 feet through n central angle of 09'18'46"; thence tangent to the said curve South 09.00'14° West 7.72 feet; thence South 89'40'00* West 45.84 feet to a point on the Easterly right-of-way line of the .aid. Beaverton-Tigard Freeway; thence along the said right-of-way line Werth 08.49,08° East 148.74 feet; thence North 19'19'29° East 277.78 feet to the intersection of the Northerly llne of said Olsen tract; thence aloag the said Northerly line of Bain Olsen tract South 89'13'49° East 67.80 feet to the point of beginning. PARCEL II: That portion of Section 26, Township 1 Couth„ Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington an State of Oregou, being nore particularly described as follows: 8e9Lnning at the most Westerly Northwest corner of that tract of land Dated November 11, 1991 Page c? 26310330 y Vii' '�i•�•� .. • described in deed _ec::rded is Book 576 at Page 196, Deed Records of to said Washington County; thence South cont28 18 East �10.88sfeet to feet the true point of, beginning; thence of beginning South 87'28'1.8' East 1525 feet; ®eSoutC p East 361.69 feet; .thence South 00 West151973 thence North 00`20'00" West 369.28 feet to the true point of beginning. 11 Nondelinquent property taxes and assessments. Unrecorded leases. Item Floe,. 20 -30, 32 -40, 43 -45, 49, 52 -53, 55 is 60 shown on EXHIBIT B -1 attached hereto. 17. Unpaid texas for Original Amount Unpaid balance Levy Code Account No. the'. year 1991 -92 : $3,486.30 : $3,486.50, plus interest : 23 -69 : 18136C 00300 Key No : R23.651.4 Affects a po .'ion of, Parcel I. 18. Unpaid taxes for the year 1991-92 Original Amount : $1,639.47 Unpaid balance Levy Code Account No. Key No : $1,639.47, plus interest : 23 -69 : 18126C 00400 a 8236523 Affects a portion of Parcel 1. 19. Unpaid taxes for the year 1991-92 Original Amount : $8,115.40 Unpai►,1 balance $8,115.40, plus interest Levy Code : 23 -69 Account No : 1S126C 00500 Key No . R236550 Affects a portion of Parcel I. 20. Regulations, including the power to acquire rights of way* and easements, and to levy assessments of the Unified Sewerage agency. (No liens as of October 9, 1991.) 21. Regulations, including the easements, of the Tualatin 22. City liena, if any, of the seat ',onerning the status if any li -ne are found.) power to a cquir w, rights of ways and Valley Water Distxi. t. City of Tigexci. (An inqui y has been of lieno and a report Will itQllow Dated Nevefsbek 11, 1991 page: 1 EXHI8I7 1. 16 camas 2631033 r 23. Lien, Filed s April 2, 1977 In Favor Of s Washington County For c Metzger Park LID (20 year No s 76 -241 For SW Hall Blvd. /SW Scholia Perry LID (10 year) No 2 90 -25 Filed 4 March 13, 1990 As follows: NO. 8,669 45 76_2,,,;_g8 iS 1 26C 01401 76-241-52 18 1 26C 01107 $ 5,346.61 iS 1 26C 01 76- 25-2 D. 0. 1 107 -01 -02 $ 4,105.90 107 $188,962.89 SO -2S -20 1S 26C O1 90 -25 -29 IS I 26C 01401 $ 71,168.55 90-25 -31 iS 1 26C 01700 p 47,799.78 Additional lien information to follow. 24. Limited access in deeds to State of Oregon, by and through its Department of Transportation, Highway Department, which provide State Highway other than expressly vs to, here or across the St Highway p right of access therein shall that no right or easement of r attach to the abutting properti es. ACCOUNT NO BALANCE, plum interest RECORDED DEED bO'OK AND PAGE April 19, 1961 300i 7443, Page 170 April 27, 1961 Book 443, Page 434 February 5, 1964 Book 505, rage 529 September 24, 3.964 Book 523, Page 644 527, Pages 167 and 169 October 19, 1964 Book 530, Page 79 November 12, 1964 Book 623, Page 161 November 30, 1964 Book 627, Page 407 January 16, 1967 Book 630, Page 393` February 15 1967 Book 648, Page 519 July 5, 1967 Book 656, Page 39 August 22, 1967 Book 663, Page 506 October 11, 1967 Book 831, Page 423 August 17, 1971, Book 831, Page 424 August 17, 1971 September 13, 1971 Book 834, Page 95b Affects Parcel I. ei Dated November 11, 1991 Page. 25. Limited access as set forth in decree entered in Circuit Courto Washington County, in favor of the State of Oregon, by and ~through its Department of Transportation, Highway Department, which provides that no right or easement of right of access to, from or across the State Highway other than expressly provided t1ereia shall attach to the abutting property. Case No. a 27 -735 Affects Parcel I. 36.E Covenant:, easements and restrict /S,ons, but omitting restrictions, if any, based on race, color, rel:tgion, national origin, or physical or mental handicap, impomed by instrument, including the terms thereof, Recorded September 13, 1971 Book 834 page 956 Affects portion of Lot 18,g akburg, on the Southweet adjacent to the Beaverton-Tigard Nit hwa 27. An easement created provisions thereof, Dated Recorded Book Page In favor o; For Location 28. /An easement created provisions thereof, Dated ' ecorded Book Page In favor of t. i og Location by instrument, including the terms and February 28, 1968 March 12, 1966 684 590 Progress Sanitary District Stwer Over a 10 foot strip which crosses the Northerly access area of Washington Square by instrument, including the terms and July 29, 1968 August 15, 1968 710 409 Portland Gen.:;:xl Electric Company Distribution limo Over a 5 foot strip crossing the Northerly access area of Washington Square Page 3 An easement created provisions therbof, Dated Recorded Book Page In bavor of a For Location by izetrument, including the terms and July 8, 1968 August 15, 1968 710 410 Portland General Electric Company Distribution line Ovex a 5 foot strip crossing the Northerly access area of Washington Square Neoorandum of Agreement, including thoraof, , Dated Recorded Bock Peg* By and Between Unrecorded lease, Lessor Lei'1'45e; the terms and provisions February 7, 1972 February 14, 1972 854 274 CreCon corporation, Cemetery Association, a non-profit rporati on, and Winmar Company, Inc., a corporation, Winmar Pacific, Inc., a corporation, and Gordon R. Martin including the terms and pvovisiona thereof, Square Land Co . , Ltd., an Oregon limited partnership Washington Square, Inc., a Washington corporation Disclosed by Recorded Book 5 Pages Also Recorded it Book P, +.age (O nerally referr,.ed Memorandum of Lease May 20 1972 865 8 July 19, 1973 936 259 tows the *Ground Lease') The above Memorandum was amended by instrument, Recorded : July 19, 1973 . Book : 936 Page 278 (Amends legal description) Recorded : December 16, 1974 Book : 1004 page : 628 (Amends legal description) Recorded a September 12, 1984 Recorder's Fee No 84036414 (Amends legal description) Recorded rebruary 70, 1990 Recorder's Fee No.,: 90- 08127 (Amends legal description recorded1Februaryh20, 1990, Recorder's Fee No 90- 08126, Company, l NOTE: g y Department 5, included a reservation for an access easement the Lease, Amendment recrrded February 20, 19' %0, Recorder's Pee No 90- 08127, d +,d not include reference to aa,.d easement. 32. Construction, including the. Dated Recorded Book Page Affects additional property. Uperation and Reciprocal Easement Agreement, terms and provisions thereof, March 25, 1972 May 2, 1972 : 865 : 12 The above Construction, Operation and Reciprocal Easement_ Agreement was amended by instrument, Recorded : July 19, 1973 Book : 936 Page x"84 Second Amendment,,' 13ated : November 1, Recorded : February 20 1 20, 1990 Recorder's Fee No.: 90- 08131, recor. d Februa 20, 1990, Reco � dr' e. Fee No. 90-08126, Comincl, �d to The May «•L�e art�pnt Stores ea riled re Corded ry included Although for an Access rea ary 0, 1 ecorder'saVeleeNo, 90- 08131, did dude a reservation Febru 20, 1990, not inc reference to said eaagment., •,' 1631031N' Requests for (A) Recorded Book Page (B) ' Record,. d Book Page By Notice thereunder were. November 22, 1974 : 1001 813 : June 7, 1977 1171 932 : Connecticut G neral Life Insurance Company 33. Roadway Easement Agreement, including the terms and provisions thereof, Dated : April 20, 1972 Recorded 1972 e riled o May 2, Rook Pagan s 197 Affects additional property. 'Pertains to the roadway known a..e "Accents Road No 2 ".) The above Recorded Book Page Roadway Raeement Agreement was amended by instrument, November 15, 1974 999 396 34. Unrecorded .tease, including the terms and provisions thereof, Dated : September 15, 1972 Lessor : Worthington tar1,i, Iac., a Washinon g Nordstrom Best, 1:'nc ,!a Washington corporation Recognition Provisions, Dated Recorded Book Page Between And Memorandum of Lease October 17, 1978, : 892 : 824 and Non Distu5 bence Agreement, with AttornMent including the terms and pl;ovt3iona thereof, : September 14, 1972 October 17, 1972 892 : 816 Square Land Co., Ltd., at Oregon limited prartnership - grouLd owner, Washington Square, Iac., a Washington corporation Nordstrom Beet, Inc., a Washington corporation Page 35. Easements for existing public utilities in vacated street area reserved by Resolution and Order No 72 -256, and an easement created by said instrument for sewer purposes 7 -1/2 feet wide on each side of the center line of acid vacated street (S.W. Locust Street), Dated November 14, 1972 Recorded : December 18, 1972 Book a 901 Page 620 36. Lease, including Dated Recorded Book Page Lessor Lessee. Recognition provisiooa, Dated Recorded Book Page Between w � • " the terms and provisions thereof, : July 20, 1973 July 19, 1973 936 321 : Washington Square, Inc., a Washington corporation J.C. Penney Company, Inc., a Delaware corporation and Non- Disturbance Agreement, with Attornmeat including the terms and provisions thereof, July 20, 1973 : July 19, 1973 : 936 458 Squaws Land Co., Ltd., an Oregon limited partnership ground owner, Washington Square, Inc., a Washington corporation, J.C. PonneyCompany, Inc., a Delaware corporation Lease Amendment Agreement, Recorded : February 20, 1990 Recorder's Fee No 90-08130 NOTE: Althougtthe Deed to The May Department Strrrea Company, recorded February 20 1990, Recorder's Fee No 9C1- 08126, included a recordedaFebruary 2d, 1090, Recorder's Fee No. 90- 08130, did access easement the Lease Amendment A rees.ent not include reference to said easement. 37. Unrecorded 1c+ase, including the terms and provisions thereof, Dated : may 24 1973 sh g Lessor Washington S q . ua::e Inc . , a Washington co oration Lessee AMFAC Merchandising Corporation, a California. corporation Dated Ne .. 91 . e 7 swiabe,r 1 'x.9 1, Page Disclosed by Recorded Book Page Recognition provisions:, Dated Recorded Book page Between : Memorandum of Leas► _ October 30, 1974 : 998 480 and Non- Disterbance Agreement with including the terms and provisions : Julie 210 1977 : July 29, 1977 : 1136 868 Atternment thereof, Saran Land - ground.owner�,rWashingtoned partnership ° Square, Inc„ a Washington corporation AMPAC Merchandising Corporation. o California corporation The lease was assigned by numerous he lessee's interest in the a... documents and by aeeigument, acceptance and Consent, including the terms and provisions thereof, Dated : June 1, 1979 Recorded : August 17, 1979 Frm Fee No.: 79033263 shall Field & Company Tooea Dayton- :iudsom Corporation, To 38 Financing Statement, Recorded November 12, 1974 1000 Book : 171 From , Washington Square, Inc., Washington a Wasahin From P corporation : Connecticut ;;enteral Life Insurance Company. ,o a Connect lut corporation Continuations thereof eder 1979 (A) RscOrded Recorder's Yes ,No. 790456788, 1984 (B) Recorded Recorder's Fee No 84039568 1989 (C) Recorded : October Recorder's Fee No.: 89 -49982 2631033H ortgage, including Amount : Dated Recorded Book Page Mortgagor Mortgagee the tarots and provisions thereof, $22,500,000.00 Eoveaber 3, 1974 Novembox 12, 1974 1000 172 Washington Square, Inc., a Washington corporation,; Square Land Co., Ltd., an Oregon limited partnership; and Peter M. Olson, an individual Connecticut General Life Insuurance Company, a Connecticut corporation 580 -3 -0J 5047 Mortgage was modified by instrument, including provisions thereof, Agreement Amending Promi s cry Note' and Mortgage June 7, 1977 June 7, 1977 1171 • 926 Mortgage was modified by instrument, including the provisions artial : thereof, and Substitution of Mortgaged Premises : October 4, 1988 February 20, 1990 No 90 -08128 Dated Recorded Book Page The above terms and Entitled Subordination of Mortgage to Second Amendment to Construction. Operation and Reciprocal Easement Agreement,, including the terms and provisions thereof, Dated September 30, 198e, ftec4rded February 20, 1990 Recorder's Fee No 90 -08132 p C• � �., s' �,"��ri���'��K•,,K . iu •% �, h !f, i ti'l't 14 t h � ,t , Tr ^r. • s�r. ���ti �4 � ' \ r1.-. -. , ,rat ^�a+ . � �._ kt�ti - ����x1 ,;1'4�J,,`j73 ■V■friJr�J" ' !V- ^sa�,�j�`,s' t' r t •� r -„"t tT'``� 'y�1 fi T•t`,$ Fri ",�`! .Vie i44�'�p� pp ti��,'� jr L; r 41,3, `!ir.�ii�+u�.� . SR.r.' t' 't, .. _. P. 'F5 44 ". . a •�. , �� i E• Leases, including the terms an4 provision thereoa� November 8, 1974 : November 12, 1974 : 1000 W *ihington Square, Ina., a Washington corporation Connecticut General Life Insurance Company, a Connecticut corporation given as additional security to th6 Mortgage Recorded btovember t2, 1974 Book s 1000 Page 172 Lessee Disclosed by Recorded Boos Page Unrecorded lease, Dated Lessor Leeoee Disclosed by Recorded !!honk Page Mortgage, includi Amount Dated Recorded Book Page Mortgac Jr an ro�isJona thereof, including the terms a p. Washington9S+ qu are Inc., a Washington corporation Lane Bryant Oregon, corporation : Memorandum of Lease September 27, 1971 1114 : 923 including the terms and provisions thereof, • September 20, 1973 Washington Square, Inc. Hazel's Candies, Inc. : Assignment of Leases and Rents January 7, 1977 1136 ng the terms and provisions thereof, 56,000,000.00 : June 7, 1977 : June 7, 1977 :1111 871 Washington Square, Inc., a Washington corporation; Square Land Co., Ltd., an Oregon limited p4rtnerehip; and Peter M. Olson, an individual Connecticut General Life Insurance Company, a Connecticut corporation an Oregon Mortgagee. Dated November 11, 1991 Tile above Mortgage was modified by instrument, including the tmrma and provisions thereof, Entitled Partial Release and SubWtitution of Mortgaged Premises Dated October 4, 1988 Recordo4 February 20, 1990 Recorder's Fee Wo.: 90- 0C126 Subordination oi7 fortetge to Second Amendment to Construction, Operation and .Reciprocal Easement AgLeement, including the terms and provisions thereof, Dated September 30, 1988 Recorded February 20, 1990 Recorder's Fee No.: 50- 08133 ' 44. Assignment of Dates R.ncoruad Book Page From Leases, including the terms and provisions thereof, June 7. 1977 June 7, 1977 11.71 : 916 Washington Square Inc., a Washington g Square, corporation . Life Insurance General Li surance Company, a Connecticut corporation giveLN as additional security to the Mortgage ROsmr eyed June 7, 1977 Book 1171 Page : 871 45. An easement created by instrument, provisions thereof, Dated Recorded RecoLJer' s Fee No.: In favor of For 46. Unrecorded lease, Dated Lessor Lessee June 7, 1979 July 2, 1979 79025766 Washington County Traffic control facilities, slope and drainage. Over the area adjacent to S.W. Greenburg Road including the terms and provisions thereof,; August 5, 9.982 Washington Square, Inc. J.J. Salem Company, Inc: Assignment of Leases and Rents June 8, 1984 No.: 84022281 Dated November 11, 1991 And Disclosed By Recorded Recorder's Fee No. lei acloaed by Recorded Rveorder ° s Fee No Af *ectd a, portion Security Aaeignaent : August 15, 1985 : 88 -35899 including the ' =erms and proviaione thereof, : May 31, 1983 : Fringe Land Ore Ltd. Beaverton Water Slide Associates : Memorandum of Lease October 26, 1983 83039542 of Parcel III. Financing Statement, Recorded : August 13, 1985 Recorder's Fee No 85031436 From : Chatel Corportion To : Old National Bank of Washington' The above Financing instrument, Recorded Recorder's Pee No To An ea4emenr areat,ed provisions thereof, Dated Recorded Recorder's In favor of Statement was assigned and extended by Juno 153 1990 90- 31263` U.S. Bank of Washington by instrument, including the terms and December 3, 1983 December 27, 1985' 85051371 Adjacent property to the North of Parce;' Roadway Over the Roadway No 1. easement; area 26310331 14sns of the Mortgage, Recorded : November 12, 1974 Book : 1000 Page 172 Mortgage, Recorded :, dung 7, 1977 Book 1171 Page 871 Aseignmesat_ Recorded June 7, 1977 Boot: : 1171 Page 918 Aosiglunent Recorded : November 12, 1974 Book s. 1000 Page : 211 Financing Statement, ded November 12, 1974 Boos 1 ©00 Page :, 171 were subordinated to tho lien of the easement, Recorded : Dec��ber� 27, 198 S Recorde,g's Fee No 85051371 By Subordinati on agreement{, including d�n g th terms an provisions thereof, Dated Decemh 3, !,� . r 85 Recorded Dp4 , ±tuber 27, 1985 Recorder's Fee No 85051373 50. Financing Statement, Recorded Januawy 23, 1986 From ' Reco rdbr ® Fee No: 36004291 Squire Shops, Inc. To Seattle F'rsat National Bank 9 Statoben " 3, 1490 xt Y ' anent, The above Financing Sta..csent was extended b inetr Recorded Recorder's Fee No 90- 65396 51. Unrecorded lease, Dated Lessor Leese. includin the terms and provisions thereof, June 10, 1982 Washington shiagtoa Nquare, Inc. : Retail InVostkent Corpor.tion, a wanhington corporation Zoti , 1991 page Disclosed by the following assignment: Assignment o2 the lessee's interest, including the terms and provisions thereof, Dated August 25, 1987 Recorded : September 4, 1987 Recorder's Fee No 87045683 From : Retail Investment Corporation To A F Northwest, Inc., a Washington corporation The above assignment was confirmed and acknowledged by instrument, Recorded : November 30, 1987 Recorder's Fee No 87058951 Access Road Maintenance provie ons thereof, Dated Recorded Recorder's Between Fee No.: including the terms and July 18, 1987 December 8, 1987 67060164 Winwar Pacific, Inc., Square Washagton Square, Inc. Nesb .tt Partners Portland The above document was modified by instrument, Recorded : July 31, 1989 Recorder's. Fee No 89 -35013 An easement created provisions thereof, Dated Recorded Recorder's Fee °No. : III favor of : For Location Financing Statement Recorded : Recorder's Fee No.: From Venture, Ltd. by instrument, including the terms and April 17, 1989 April 18, 1989 89-17134 Portland General Electric Company, an Oregon corporation Electric power line Over the dog leg adjacent to S.W. Hall Blvd. April 26, 89-18477 Dory's Down Products Co., dba Scandia Down Mope !iret Interstate Bank of Oregon Page 14 ;•1 ,•err;.,.• , „yam ,� An easement created provisions thereof, Dated Recorded Recorder's Fee In favor of For Affects Access Lessee Disclosed by Recorded Recorder's Fee Subordination including the Dated Recorded Recorder's Between And by instrument, including the terms and November 15, 1988 May 31, 1989 89 -24472 Department of Transportation, State of Oregon Slope, traffic control facilities, and 1 temporary construction Road No 1 adjacent to Scholia Ferry Road. se, incl:Ading the terms and provisions thereof, : May 21, 1989 Washington Square, Inc., a Washington McDonald's Corporation, a Delaware corporation on : Memorandum of Lease : February 7, 1990 No 90- 06400 , Non - Disturbance and Att rnment Agreement, terms and provisions thereof, z September 11, 1990 : February 6, 1991, e No.: 91006018 : McDonald's Corporation donnecticut. General Life Insurance Company and W shington Square, Inc. 57. Financing Status." tt, Recorded Recorder's From To March 13, 1990 Fee No.: 90-12286 Key Foods, Inc. (Orange Julius 3 R®etaurant) : united States National Bank of Oregon Financing Statement, Recorded : Aeptembe: 20, 1990 Recorder't Fee No.: 0- 51270 From Boston Sox, Inc. To : U.S. Bank of Washington Also recorded by instrument, Recorded : October 22, 1990 Recorder's Fee No 90- 58401 Dated. November 11, • including the terms and provisions thereof, : September 11, 1989 ;'Washington Square, Inc., a Washington ;corporation : Lauriu Boston and William Boston Disclosed by Accorded Recorder's Fee No.: (Given for security An easement created provisions thereof, Dated Recorded Recorder 'u Fee No.: In favor of For Location Lessee's assignment of Lease September 20, 1990 90 -51279 to U.S. Bank of Washington) by instrument, including the terms December 4, 1989 November 15, 1990 90-63000 Portland General Electric Company Underground distribution line Over a portion of Access Romd No. 1 Unrecorded lease, including the terms and provisions thereof, Dated : December 26, 1990 Lessor Washington Square, Inc., a Washington corporation Lessee The Hobos Company, an Oregon corporation Disclosed by Landlords Waiver Recorded May 9, 1991 Recorder's Fee No 91023622 Financing Statement, Recorded July 16, 1991 Recorder's Fee No 91038021 : K L Corporation To : United States National Bank of Oregon T® 63. No liability is assumed if a financing statement is filed in the an office of the Clerk wherein the angular land, is described survey system or by recorded lot and 1,lo ck. 64. Personal property taxes, if any NOTE 1: The legal description and map in this report should be carefully examined to determine if it iesclibee the property :. to be conveyed: Dated November 1 STATE OF OREGON County of Washington t Jan) Rt o and n the ate 2.63 1033H SS Doc 92002655 15$.'00 Recd 69099 01/16/1992 09'27 :01AM' LEGIBILITY STRIP a t -.a ...mil. ... ;0 ii (II i?t ii 0 if Ii 0. 2 Ii II q is II 0 o II TS 0 I_._ . ir it rl II I Ii AVE. ;., .... ,.ry ..... ::..�,,,�� :... ....:.... .. . v ��.:::.,...... ..., . �.. ,..,., , ., �,`,.. "1S1260C-01107 .0*** LARD CO ':‘1?41::11:MNN:PACI!IC INC P0 BOX 21545 °'8111 SEliTT NLWA 7 a ' ,, . ' ' „,,,, ' ,. , , . ' , ., ,' ' :, '„':' ,,',,,, ,,,,:-, . •,,. ' '',:' ' FROM: Tigarfi'PlanningDepartment ' - . , '''' ,--, ,,,,''',, , '.- , . ,'• ...„..„,,, ' --„,,, , ' - ' , , . ,, , ., ' , * ' ' ,''''• ..: , ' ., ,, , '('''''' '',''',, ],i : LOT LINE_AD..7114ENIT ,MIS 94 r 0002 'W & 11 PACIFIC WASilINGTON St)1TULE'',(NC.., LOCATION: . 9835 SW Greenburg Road (WC11+1151'26C,... tax lots 40 and spo.). .,:',' To adjust existing ' property- lines to rnodifyi the , size of ''■'.'wo ' existing parcels from 253,701 and 41,753 se,..t.lare 'feet ,: .,';) 233,262 and 6',192 ' square feet. each. APPLIICABLE REVIEW ..RITERIA: , t'rConmionity Development,, Code Chapters 18.32, 18.62, 18.102, -,18.106, 18.105, and 18.162. ZONE: l' C-G,,' (General Coitnercial) The c-G zoning ,district provides sites'', for inajoti retail goods and services. _ Attached is the Site Plan, applicant's statement, and Notice of Decision for your review. If you wish to comnient on thie,application or appeal th3.41 decision, We need your comments by , 1994. you may use the space provided below, or attach a separate letter to return your comment. , ;fyou are unalle. trlitas;p_ac_mcl , lay...W*,,,,above ailt.„Eti. please phone the staff contact noted,,below with your comments and c.,';;:i.firp „ your comments in writing as soon '0,4.1 possible. If'. you have aoy questions regarding this matter, contact the l'iga.i'd Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. P},(ONE: 639-4171. STAFF CONTACT: Mark Roberts, ° PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY; • i We have reviewed the proposal and have no objections to it. Please contact a of c...ar office. Please refer to, the enclosed letter. Name of Person Cortmeriti.ng: Phone Nattnber: s narpriir _(2) Dailaiiog Olficial/bays S. Vomits Paoilitator/ilio a C. SPECIAL DISSMICTS Firs District (Pick-np box) Tiwrid Reter District 6777 IV florahaa St. Tigard, (11 97223 SNalatia Valley Water District -- 6501 IN Taylors Ferry Pd. i surd, OR 97223 APFECXED JIMISDICRIOR3 Mash., Co. Lead Den i Transp,. 150 B. First Lv.. sillahox, OR 97124 Brent Curtis � �. Ravin Martin `�• !like recreate Scott 'Zing -Fred City l a of vorton PO Sox ' - Prilaalpol planner Psnrerton, OR 97076 ..�„� City of Ring City 15300 51 16th - Xiag City, OR 97224 City of Lake, Oswego • city itinagiet. Lasko Oswego, OR 97034 State ''w? Division ...�.' Rob Doran PO lox 25412 Portland, CO 971:!5 -0412 lagi l.e ?hog Office PO !Font '4416 Tigard, OR 97261 -3416 Palmer Illatura3. Gas 220 RV Second Ave. Portland, OR 97209 Tel Cablevision of won Mike lallock 3500 SW Bond At. Portland, out 97201 Colombia C'1Me (Prank atco.) 14200 1W P. 00 igadoon Ct. Dssrsrtaaa, OR 97005 6.. Rampant., cs Div. (war) Division of State Lends Caenra per. M.IR. Park. - -' lid C Wil ife PVC Dept. of Reaviraae. Quality 7. 1 713P*L AGOICIRS ., --, Cam. oe 14191 liieste Post Offices Paark•Parks 121scvv etion Board Police 1P1.3,61 opeoratitons tic Sol Dist Po. 40 nawrtoee �J����� • Pnovaston, OR 97075 School Diet. 233 (Ti) 1337 St Fa lfic . Tigard, Ore 97223 Unified asarega Agency /SlQt Program 155. First St. Millsboro, ''CR 97124 Doandery 320 Of Stark Roca 530 Portland, Mk 97204 GMZEMSEACES NITRO • s . 22.1 ee Ba j 600 RR Grand aPortland, OE 97232 -2736 (CPL's/P0L' tee, 1173- Coast At. tR Sales, OR 9731Z.0590 Other * ,.�,. City of Darbax> City Manager PO Dot 23493 -3483 Tigard, CR 97224 P eiiwctals 1120, RV 5th Portland, OR 97204 .. Li000T dlisa Rahn= 9002 RR lbcLonghlia M AKI!.' LNliiwaakiRe, OR 97222 City of lal,a■tia PO !last 369` Tualatin, CR 97062 Itbrtli ad !lases! Arian 1loo' 14655 AS' .il�� A llw Pry. ieteottAN,, OR 974407' McMs Aral Ccorvalliantione Jaeaa Ravitt Tilt Oaks" Irechnology . Center 1815 130th Puce 5 -6020 beaY*0ti s, OR '' 97006. -4886 tr3 Iteat Pete nelson 421;D1/ Oak it Portland, OR 97204 .. . Tnii. �Traee #t DTs.' 4012 Ss' 17th Ave. Portland, old ntdi �; • i thtLLi1 i,..,.ific it tiles Delano M. Parkey, PLS - Paldioitt l agiaiSc 900 *1 "+Stye Jla�aia�as, L 324, Sib* Statitiii Psdrtlaed, at ' 97209 • H .,I CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW, SDK 93-0,0, 2 LINE t LAD ''n � -rrnrrL:a�t LOT LINE ADJUSTMENT MIS 94-000 3 „ WASHINGTON SQUARE INC OWNER W & H PACIFIC -APPLICANT },� : A request f o. ra pp ravel of Sit e Development Review and two Lot t or n e Adjustments for a 25, 000 s q uare f oot general retail building. Comprehensive a �au + General Commercial (C-G), Zoning: General Commercial (C G) Location: 9835 SW Greenberg Road (WCTM 1S1 360C, Tax Lots 300, 402 and a portion of %0) E O N .I .. D EtCISIQN;: Notice is hereby given that the Planing Director's designee for the City of Tigard has APPROVED the above request sublect certain .conditiions. The findings and conclusions on which the decision is based a noted in Section IL THE FOLLOWING CONID►ITIONS Sk)1ALL BE SATISFIED OR FINANCIALL'l SECURED PRIOR. TO THE ISSUANCE OF BUILDING PERMITS., 1' The site plan and /or floor plan shall be revised to provide a minimum of five bicycle parking racks. STAFF CONTACT: Mark Roberts, ' ..lan ring Division. 2. The applicant shall maintain as much of the stand of trees adjacent to Access r Road #4 in place as possible. An arborist report shall prepared which reviews preservation of a portion of the stand of trees adjoining Access Road #4 in place. review with a revised site plan g the 19 parking The report shall re the trees Ian showin spaces along Access Road #4 as having been deleted. STAFF CONTACT: Mark Roberts, Planning Division. 3 The applicant t prior to removal of any trees i a l�cant shall obtain a tree removal per on site in excess of six inches or more as measured four feet abm ground level. STAFF CONTACT: Mark Roberts, Planning Division. The applicant shall revise the site plan to include °'oedest °. an access to the site from SW Greenburg Road and Access Road #4. STAI F CONTACT: Mark Roberts, Planning Division. The landscape plan shall be revised to provide tree specimens of sufficient sire within the clear vision areas such that no branch or limb shall be less than eight feet in height. ` STAFF CONTACT: Mark Roberts, Planning Division. g NOTICE OF DECISION SDR 93- 6025 - W & H PACIFIC t? The site plan shail be revised to prvovide a minimum of one additional parking spaces designed and designated to serve disabled persons. STAFF CONTACT: : Mark Roberts, Planning Division. The driveway access shown on the submitted site plan shall be deleted pursuant to the access standards set forth by the Washington . County Transportation Planning Department or as otherwise approved. Mark Roberts, Planning Division. The applicant shall comply with the Conditions of Approval set forth by Washington County or as otherwise approved in the project review fesponse 'dated Janaury 7. 1994 and as reviewed under Agency comments. Mark Roberts, Planning Division. 9. Upon completion of the two proposed Lot Line Adjustment applications an additional onal Lot Line Adjustment shall filed for the site to consolidate the two remaining parcels. STAFF CONTACT: Mark Roberts, Planning Dlvision. Additional right-of-way shall be dedicated to the Public along the SW Grenberg 10. Road frontage to increase the right -of -way to a minimum of 49 feet from g ' g .centerline. abl centerline. description shy be tied to the existing right-of-way � �vad en d from tone document shall, be on City forms. Instructions ar on d®cuiai The dedication CONTACT: John Haman, Engineering the Engineering DepartmeflL STAFF n Department. The applicant shall provide street lighting along SW Greenberg Road in 11. an , City Engineering accordance f�th Ci standards. STAFF CONTACT: John Department. e site frontage on SW Orenburg Road and 12. Sidewalks shall be cnnstr►;�cted along the site frontage , � _ � route so on Access Road #4. The sidewalk may be designed along a meandering g Engineering as to save. the existing trees. STAFF CONTACT: John Hagman, En Department. 13. A final grading plan shall be submitted showing the existing and proposed �' eont°utc A soils report shall be provided detailing the soil compaction requirements. irements. STAFF CONTACT: Michael Anders on, Engineering ' Department. t shall provide an on-site quality tarty ads estab`► bed under 14. The applicant �'� to water, . e applic� uali guidelines Sewer Agency Resolution aid Order No 91-47. The the Jelin i . Sewemod modified to include bio rdtration _ swales. The es of Unified be ,� plan shall b � r .�y �,,� . � . �r �.,� maintenance grading of the swalcs shall be the responsibility of �rasbin .oil S Mare., Engineering ineerin. Department STAFF CONTACT: Greg Berry, gi + g Department NOTICE OP DECISION SDP: 93 -0025 - W & 11 PACIFIC ago,' • 15. The applicant shall demonstrate that the downstream;:anderground system in the y by the c ase in run, -off.. ' not be undid affected' Washington Square Area, will : � � _ -, hae Anderson, Engineering Department STAFF CONTACT. �� 16. The applicant shall underground utftities along SW Greenburg Road between the site's northerly property line and Aciiess Road No. 4 to Washington Sqa ro, ror pay the fee fn lieu of undergrounding. STAFF CONTACT: Michael lib/demon, Engineering Department. 17. All existing underground utilities must be removed and capped at an approved location. STAFF CONTACT: David Scott, Building Departffi;nt. 18. The entire existing Wilding (including foundations) must be removed. Any remaining excavation mi,' 't be filled with compacted fill. STAFF CONTACT': David Scott, Building Department. THE FOLLOWING CONDITION OF APPROVAL SHALL BE SATIS ?IED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS. 19. All site improveraents sill be installed pursuant to the approved plans which shall reflect the modificatic as required by these Conditions of Apps oval. STAFF CONTACT: Mark Robert,4 Planning Division. IN ADDITION THE APPLICANT ' SEOUL]) BE AWARE OF THE FOLLOWING. SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; SECTION '18.120.060 BONDING AND ASSURANCES AND SECTION 18.164 STREIGT AND UTILITY IMPROVEMENT STANDARDS. COPIES MAY BE ' OBTAINED THROUGH THE PLANNING DYVISION OR THE ENGINEERING DEPARTMENT. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. SECTION ' II, FINDINGS OF FA�.,'T 1. Background: The sub j ect site is p resentl y developed with an oider stor ge bu!ding d as mixture of trees and brush. Vicinity information The site is located on S► a.. : ���� Gay g , � Access .Braid #4 to the Greenburg .Road north Of a�a 'Washington Square Mall. The surrounding properties are zoned for Genera! Comm ,rcial and Office F.rofess . Y . _ o .. � e ..£ large �rra1 use, `and are develo �c� ��v��th a �u,r NOTICE ®� DECISION SDR 93-0075 W &' PACIFIC m 3 scale general retail ccvnimercial uge (Rulsenstein`s Fnrn iture) parking areas w i the Washington Square . Mail, and Prntf ional Gffii • ti The Washington County Department of Tralisportat on Planning reviewed this proposal d';4 to its location on Greenburg Road which is the Coun\ y's responsibility for ongoing maintenance and design issues. The County indicated that the proposed access i:xatria shown from Greenburg Road must be eliminated ;dA �e to the site's location at the intersection of Greenburg Road and Access Road #4. The County standard for allowing access to Greenburg Road 1s that a minimum of 600 foot ,spacing must be maintained between access points. .t- traffic analysis is currently being performed by the County Traffic Analyst for this area which is known as the 'F'Iall/Greenburg /Sohoils Study Area". The dings and gyred- ommendations will be forwarded to the City upon Dmple °on. The County Transportation Planning Department provided the following Conditions of Approval for this development: 1. Dedicate additional right-of-wry to provide 49 feet from centerline of Greenburg Road frontage. Z. Sign a waiver not to remonstrate against the formation of a local improvement ent district or other mechanism to improve the 'base facility of SW Greenburg Road frontage. Establish a one -foot non- access reserve strip along SW Greenburg frontage. 4. submit Plans, obtain Engineering Division approval, and obtain a facility permit for constriction of the following public improvements: s. Concrete sidewalk to County standard along SW Greenburg Road frontage. Any additional off-site safety improvements found to be required for compliance with R80 86-95 upon completion of County Traffic Analyst's review. Prior to Occupancy the road improvements required in conjunction with Conditions A.4 above shall be completed and accepted by the County The Oregon Department of Transportation reviewed this proposal and requested that the Traffic Report for the site invemagate more completely the relationship, between the site Greenburg ,. SW Hai. ate and the intersection of SW Grreenbu Road and Boulevard. The. a �. a y should co t�aln' an . .. ;,�� g �� "' to that the Traffic Study � rrent ��nal sis of also indicated analysis of vehicle trips traveling to .he site in addition to the cu , y the expected impact of ve " �icle trips leaving the site. NOTICE OF DECISION SDR 3025 - W & H PACMC Wage 5 tp 0 A ,I -AiE1 laps r vievwed this proposal and.pravideki the following comments which reflect Tri- ldlet`''s participation in the State Transportation Planning Rule, Goal 12 implementation process: 1. Provide perimeter sidewalks along SW Greenburg Road and Access Road #4 with access points through any perimeter 'l dscaping at appropriate intervals. These sidewalks should be straight as opposed to meandering to provide the most direct pedestrian circulation by 1`he site. 2. Provide a three foot minimum landscaping buffer between sidewalks and auto trek: along g S W Greenburg Road. This buffer enhatces p edestrrao circulation culation along the street. The Police Department reviewed this proposal and indicated concerns related to g site directly onto SW Greenburg allowing full service vehicle access from this s Road due to the traffic volume present on SW Greenburg Road. The Building Department indicated th at existing utilities must be removed and capped at an approved location. The entire existing building (including the foundations) must be removed and any remaining excavation must be filled with compacted fill. 1 he Public Works Department, Northwest Natural Gas, Portland General Electric and the Unified Sewer Agency were provided with copies of this application and have offered no comments or ob,ections. SEC 'I 11r+i° IT" _ . ANA4L L7 SIS AI�il3 NCL n COMPLIANCE VITA COMMUNITY DEVELOPMENT CODE SECTIONS Is i cation• Chapter 18. 2.030(L) :Mates that the u °pose of the General !Ise �c Classi�i p 06 F r es for the proyition of major retail Commercial zoning district �� to provide sit r ` The applicant ° states that the proposed building is used goods and 5eTvalc��• p p g s to be u< for General Retail use which is in compliance with the purposes of the Ca eneral Commercial Zoning 'District. limn ttrn Lot Area Chapter 18.62,050 states that there is no minimum ,lot area Commercial Zone. ()( ) for parcels in the General Crornm ���d Section. �1,8462.OS0 .A►. 1 states that the average lot width shall be 50 feet, The site is the combination of all Or part of three existing parcels which when combated have an average width of approximately 290 feet which complies with this standard. As a part of this proposal the applicant has submitted two Lot Line Adjustments which create lots of 41,747 and 62,192 square feet in area (See Attachment #3). NOTICE OF DECISION; SDR 0025 - W & f PACIFIC 6 Development proposals svit ' t this zoning district may not exceed SS%..of.the site with impervious structures (buildings and ha c ; surfaces)..'r he site plan, indicates that 78,79.'1 square feet (76%) of the property, is proposed to be developed writ :i impervious structures which complies with the requirement. The General Commercial Zoning District also requires aminimum of 15% of the site be landscaped. The site plan provides 24,881 square feet (24%) of the site with landscaping in compliance with the requirement. . ak : Chapter 18.O_w n5,n provides the setbacks standards for General Cx nercial sites. °. 'de permits development at property 'I'1nP � the line within the Development Code for the front, side, or rear yards provided clear vision and landscape 'buffering requirements ' can be met. Because the subje=ct property is surrounded on all sides by other properties which are also zoned and used for commercial or professional office uses, no special, sct +acks' are requi CC ao 0 a. may permit new points of access to SW Green burg Road where ;existing access is not available within 600 feet. Thee-A a 'cans cdth 'isabi es Act Aril). Effective January `26, 1992 a minimum of one disabled person parking space for each twenty -five required parking spaces up to 100 hundred spaces. This site is required to provide a minimum of three disabled person patidng spaces because a minim= of 63 parking spaces woad be required to sortie this buildings, The site plan currently shows two handicapped person parkin spaces therefore the site plan must be modified to provide a minimum of one more disabled person parking space. DieychFark• s g . Cha p ter 18.106.020(P ) r q � 'bicycle c � � �ack rot each ch 15 vehicle parking spaces in any development. Due t ot ' . s iz e of the floor plan proposed for this site a minimum of five bicycle parking radbks are required to serve this development. Condition of Approval #1 requires that a minimum of five bicycle racks be provided. Ma.1 . Chapter 18.108.050 .y p (A) requires that a walkway extend from the main ground floor entrance of all commercial developments to the streets which provide the required ingress and a p ss MI-MET requested equested that the applicant provide separated sidewalks for enhancement of pedestrkmn use. The Engineering Department, indicates that additional right -of -way is not available in this area to construct eparated sidewalk along the street frontage. Condition of Approval #8 requires that applicant q construct all street, improvements to Washington County standards. Condition of Approval #4 . requires that the site plan be revised to include pedestrian walkways frown. SW Oreenburg Road and Access Road #4 onto the site. Street T, "rtes Chapter 18.100.030 states that all development projects fronting on a public street more than 100 feet in length stall be required top ,ant street trees in accordance with the standards in Section 18.100.035. This site has frontage on SW Greenburg Road in excess of 100 feet. The landscape phi for this site pro vides Norway Maple Street Trees planted at 35 feet on center. At maturity the Norway Maple measures 55 to 60 feet in height and is considered a large Code. 1 p Norway Maple trees as shown on specimen ',within the Development �o The . e o rt.. Y �:�adscape Plan comply l with the standards for street trees..... Visual Clearance Areas: Chapter 18.102 requires that a clear vision area for motorist and pedestrian safety be maintained on the corners of all property adjacent to intersecting tight-of-ways . oW r private drYVewa y s . � cl eat va sm on area s h a ll ontain no vehicle, hedge, planting, fe.ce, gall, sttuctury, tempora;ry or .. ernaanent obstructions excee ng three feet in height, measured from the top of the curb or where no cur b e gists, from the street center hie grade. 'Trees exceeding this height may be located in the clear ision aurea, provided all NOTICE OF DECISION SD]I 93 -0025 - W & Ii F'ACII~IaC 'mac o. ii branches below eight feet are removed. Condition of Approval #5 , requires that the applicant modify the size of the trees to be provided dvithin the line -of -site visibility triangle" approaches such that the ` branches or limbs of the trees within these areas are above eight feet in height. Trash. Res l axed _ �.,�....g L�mbaa ' 'ties: Chapter 18120.120 (A)(4)(c) states that service and loading areas shall be indicated on the site plan. The applicant has provided a loading space which measures 55 feet in length. The space also p rovides maneuvering n areas both within the designated space and within the i two-way parking of three `times the length of the adjoining two-wa lot aisle in excess loading space. Chapter 18.106.090 requires a minimum of two times the length of the largest vehicle servicing the facility be provided. The applicant has provided two trash and recycling areas on either side of the loading space. Both receptacle areas exceed the dimensional requirements of METRO as stated in the Model Zoning Ordinance for Mixed Solid Waste and Recyclable Storage. The site also provides landscaping to screen these areas from view. Tree Removal: Chapter 18.150 contains standards for obtaining a required permit for removal of trees on site which have a trunk six inches or more in diameter Dunngr measured four feet above thc. � ground. The Lot Line Adjustment applications submitted along with the Site Development Review applction indicate that g trees are proposed 'e of site improvements as curie i ly poposed. Because the site plan provides twice the number IA required parking spaces required for general retail use. Condition of Approval 02 requires that the applicant preserve a portion of the group of trees is place which adjoin Access Road #4 where feasible by deleting 19 proposed parking spaces along the southern property line. The applicant may modify ' requirement by causing report to be issued by �*t arborist nno this q g p y which reviews the general condition and viability of preserving the trees in F lace . Prior to removal of any tree on site in excess of six inches in diameter as :et. ground v, � .. Approval #3, measured four feet above existing Fund level Condition of b roval requir :s the applicant to obtain a tree removal permit as set forth, in Chapter 18.150 of the Development Code. Landsca nn Plan; Section 18.100.015(C) requires that the applicant lucent subm a detailed landscape plan as a part of Site Development Review. The landscape plan provided with this application provides parking lot trees in excess of the required number for the parking lot area. The Development Code requires one tree for every seven parking spaces the applicant has provided one tree for a pp roxnm. ~ t ely every 4 parking s p aces. The plan also provided a v e rn of shrubs; and ground cover in satisfaction of the landscaping requirements for this site. NOTICE OF DECISION SDR, O -0025 - w & PACIFIC e. Signg,, Section 18.114.130(C) lists the 'type of allowable .signs and sigi i area perrLnitted in the General_ Commercia gone. All signs for ,this site shall be reviewed by the Planning Division through the ,gig Peet process $$iECT'Iarf. .PEQ. EME Notice: Notices was 'published in the newspaper, posted at City Hall an wailed to: .The applicant and owners ji2LOwners of recor within the require distance a1e The affected Citizen Involvement Team Facilitator ,..Affected government agencies ,Final Decis : THE SHALL ON DECISIom' BE FINAL 011 —it 9�. UNLESS AN APPEAL IS FILED. Aping: Any party to the decision may appeal thisfidecision in accordance with Section 18.32290( and Section 1832.370 of the Community Development Code which provides that a written appeal must be filed with the City Reorder within 10 days after notice is given and sent. Appeal fee at Tigard City e and forms are available ` Hall, 13125 SW Hall Blvd., schedule Tigard, Oregon. The deadline for fili►sg of an appeal is 3 :30 pm.. 2 1 ►'" 4. ue • Eons: If you have questions, please contact the Planning Division at 639- 4171, City of Tigard, City Hall, 13125 SSW Hall Blvd., Tigard, Oregon. 46, PREPARED BY: Mark Roberts Assistant Planner I APPROVED 13Y Richard t, " rsdorff Senior Planner NOTICE OF DECISION ' sI)R 93 =11025 - w PACIFIC 4 DATE SITE LEHMANN 10 0110.001011101011000014.0 OP • 400.0100 00 41 004 0/0011.001000,111110 SO IP 410100.0 01 111111.10010 40 ID 01111010110111 II MI *Mar OP NI onowansimainia iap after:kr • irrnermo . , . EI=NG PARIZING LcaT. P. 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