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MLP1994-00020
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. `a "tl r. 7• "`J�f. 1 1'. L.. �.�f7 7r .,...1��'.<i� 7..�+i 171 ` }.iw. !rt :4 «.,. N!r� "'. *AVIS NW -0020 corner of Dartmout h & 72nd Isi 3$DC, 2500 e 1.•■■■••■•■10.,■•■•■ ,Y1L, 11- January 27, 1998 West-Coast Mortgage & Investment Banking, Inc. Mortgage Loan pepartnient AEGON USA Reek Advisors, Inc. and its affiliates 4333, Edgewood Road N.E. Qedar Rapids, Iowa 52499 RE: PetSmart Building at 7500 SW Dartmouth Street (within the Cubs Foods Shopping Center) To whom it may concern: CITY F irl OREGON This letter has been prepared in response to your request for information concerning the PetSmart site within the Cub Foods Shopping Center. The current City of Tigard zoning classification of the site is General Commercial (C-G) with a Planned Development (PD) Zoning Overlay. The site contains a single-story retail building that is used for retail purposes. The use and the building are in compliance with the previous land use approval for the shopping center. (Refer to Site Development Review (SDP) 93-0001/Planned Development Review (PDR) 93-0001/Sensitive Land Review (SLR) 93-0001/Sign Code Exception (SCE) 93-0001; and Minor Land Partition (MLP) 940020. There were no variances, conditional or special use permits required to establish a retail use on this site. The site is in compliance with the Tigard Community Development Code's current Minor Land Partition standards for a General Commercial Zoning District site and can be conveyed by the Weal description that I have attached to this response which is described as 'Exhibit and 3Order No. 829807". The minimum parking ratio for a retail use is le (1) space for each 400 square feet of gross floor area. The site complies with this ratio because the parking provided for this use exceeds the minimum parking ratio, This use type is not considered a non-conforming use as defined by the Tigard Community Development Code Section 18.132. The City has recently adopted a set of design standards for the Tigard Triangle of which, this site is a part of Among other design issues, these standards contain regulations concerning street connectivity, block design standards and pedestrian accessway connectivity standards. It is not entirely clear that if the entire shopping center or building(s) within the shopping center were destroyed by fire, etc, to an extent exceeding 60% of its current assessed value, that the structures could be rebuilt as it currently exists. 13125 SW !AGO Blvd, Tigord, OR 97223 (503) 6394171 100 (503) 684-2772 } 7: 'This determination would most likely be made through the process which, if appealed, would involve Public �earin Director's Interpretation Commission or City Council. The City would likely undertake 9 . by either the Planning portion of the center were destroyed to the extent des i eke boy process only if �r'1 or described above. If you have any further questions, please feel free to contact me at (503) 639-4171. Sincerely Mark Roberts Associate Planner AICP ecusetnornadLeptermetcee 1998 Panning correspondence file SD oo1 •land, use file /Mt:t " 4 fl#tj -:use .flie r Jim Hendryx, (5)11 ` ? � of Community Development . !. tY ©toprr�eng Robert D. Humphrey, West -Ccast Mortgage, Inc. - Lake Oswego Ore '9_ � Oregon 1/27/98 Wen- o t P airfg� Investment Seeking, t t R PetSmart a 7800 SW Dartmouth Strut Lasted ue CQnforrnenc® Page •tr Lf 1;•., _._ STATE OF OREGON County of Washington City of Tigard 040., depose and say: (Please print) That I am al • " 4' AFFIDAVIT OF MAILING ) ss. being first duly sworn/affirm, on oath ! f.A.„. The City of Tig..rd, Oregon. for That I served NOTICE OF PUBLIC HEARING FOR: VThat I served NOTICE OF DECISION FOR: ity of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council anazvensposnos 1.3.1•13•17101100 omaelatommas py c ear ng Notice/Notice of Decision) of which is Exhibit "A") was mailed to each named p sons at thp addrE attached list marked exhibit "Sr' on the day of juayi said notice NOTICE OF DEgpIoN as here o att ched, was poste bulletin board on the day of in the United States Mail on the postage prepaid. attached (Marked s shown o he 11 an apt,' praate and d4vogged , socassennsecememmaserraawoom Sub 19 ibed and sworn/affirmed before me on the day of ot4,11112, "StSee. OfFICIAL SEAL DIANE M. .IELDMS NOTARY PO 8 LIC.,OREGON COMMIZON NO 005977 I M'r' COMMISSION EXPIRES SEPT. 7, 1095 -64:5111*17:171a0,1144306Z45.001eLt0., 01)LP qii-oN-e) ,04,trie /tA.4:fr, N TARY LIC my commissio a A kor P NOTICE OF DECISION MINOR LAND PARTITION MLP 94-0020 WAREMART INC / MARTIN APPLICATION: A request for a Minor Land Partition approval to divide one parcel of approximately 689,772 square feet into two parcels of approximately 629,352 and 60,420 square feet. ZONE: C-G (General Commercial). LOCATION: (WCTM 151 36DC, tax lot 2500). MPLIC2.1.311_1___AVV: Community Development Code Chapters 18.62, 18.162.040, 18.162.050, 18.164.030, 18.164.090, 18.164.100. PiEnalpti: Notice is hereby given that the Planning Director's designee for the Cty of Tigard has APPROVED Minor Land Partition 94-0020 SUBJECT TO CERTAIN CONDITIONS as listed below. SECTION I - CONDITIONS OF APPROVAL: THE FOLLOWING CONDITIONS SHALL BE REQUIRED PRIOR TO RECORDING THE PLAT. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICFL.16111-. ANDERSOS, ENGINEERING DIVISION: 1. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways, or the applicant shall provide copies of the recorded CC & R's which incorporate the provisions of the joint use and maintenance agreement relating to vehicular access and use of the private utilities on-site. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. STAFF CONTACT: Diane jelderks, Engineering Dept. (639-4171). 2. Final Plat Application Submission Requirements: A. Three copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. C. The exact location of the proposed Parcel 2 with respect to the adjoining streets shall be indentified on the final plat. STAFF CONTACT: John Hadley, Engineering Department (639-4171) NOTICE OF DECISION MLP 94-0020 WAREMART / MARTIN Page 1 • 0 ing.061201(015Wiwzmoolluon.••••••••••••••-- D. A minimum 15 foot access easement shall be granted for the benefit of parcel 2. THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 1. Provide the Engineering Department with a recorded mylar copy of the final survey; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shad have 30 days after recording with Washington County to submit the copy. SECTION II - FINDINGS OF FACT: 1. VicinityJniatnation The subject site is located at the northwest corner of the intersection of SW 72nd Avenue and SW Dartmouth Street. The properties to the north, south and east are zoned C-G (Genera! Commercial). Properties to the west are zoned R-3,5 (Residential, 3.5 units per acre). 2. Site InfomdismArld 112Ji*oa osal Qemiatis_;ort An existing 150,000 square foot commercial building presently occupies the site. The site has frontage on S.W. 72nd Avenue and SW Dartmouth Street. The applicant requests a Minor Land Partition approval to divide one parcel of approximately 689,772 square feet into two parcels of approximately 629,352 and 60,420 square feet. The partition will create a building pad for the "Office Max" which is currently under review (SDR 94-0024 / PDR 94-0003). 3. Merrysir_m11 st Th?., it of Tigard Maintenance Services Department, Tualatin Valley Water Department, City of Tigard Building Division, Unified Sewerage Agency, Portland General Electric, General Telephone and Electronics have reviewed this proposal and have offered no comments or objections, No other comments have been received, SECTION III - FINDINGS AND CONCLUSIONS Minor Land Partition Section 18.162,040 contains the following general approval criteria for a Minor Land Partition: NOTICE OF DECISION MLP 94-0020 WAREMART / MARTIN Page 2 AKIIIMEANINIZZOMMORNI.11.7111.111116■110115MDMIJ.WIL.Piraqa 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet City and applicable agency standards (Ord. 89-06; Ord. 83-52). The proposal conforms with the City's comprehensive plan in that the newly created lot will continue to allow for commercial development. This proposal therefore is not in conflict with the General Commercial Comprehensive Plan designation. This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision and by this application and review process. Adequate public facilities are available to serve the proposal. Section 18.162.050 contains the following special provisions for lots created through the Partition Process: A. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. B. Lot Area The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessvvay may not be included in the lot area calculation. C. Lot Frontage: Each lot ',created through the partition process shall front a public right-of-way by least 15 feet or have a legally recorded minimum 15 foot wide access easement. D. Setbacks: Setbacks shall be as required by the applicable zoning district, E. Front Yard Determination for Hag Lot: When the partitioned lot is a flag lot, the developer may determine the location of 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 structures. NOTICE OF DECISION MLP 94-0020 - WAREMART MARTIN , 4, F. 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 feel, of an abutting lot 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 usable outdoor recreation areas for proposed development. G. Fire Protection: The fire district may require the installation of a fire hydrant where the length of 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 ensure access and maintenance 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 o' adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Criteria A is satisfied as the proposed lot widths for parcels 1 and 2 are approximately 1000 and 180 feet respectively, exceeding the minimum 50 foot lot width requirement in the C-G zone. Criteria B is satisfied as there is no minimum lot size requirement. Parcel 1 has over 700 feet of frontage on SW Dartmouth Street, thereby exceeding the minimum 15 foot frontage requirement of Criteria C. Parcel 2 shall have a legally recorded access easement, the width of which shall be greater than 15 feet. Criteria D is satisfied as there are no setback standards applicable to this site. Criteria E and F are not applicable a6 these lots are not flag lots. Fire hydrants shall be consistent with Uniform Fire Code standards thereby satisfying Criteria G. Criteria H shall be satisfied as a joint use and maintenance agreement shall be recorded with the plat for a common driveway. Criteria I is satisfied as accessvvays were reviewed for compliance as part of the Site Development Review. Criteria J is not applicable to these lots as they are not within the floodplain. J. NOTICE OF DECISION MLP 94-0020 - WAR.EtvIAR.T / MARTIN Page 4 1 I e yet }��YYH� i�'i�� ^+fi'♦I (� I'b' Lx vt��v � �'1!'i� #�i tv t_� {1,Y 7 }M.� „`l..v. 7.F�fp 4v,v v.r Sections 18.164.030 4.030 (Streets), 18.164.090 (Sanitary Sewer), and 1 g 64.14J0 (Storm Drains) have been addressed and are satisfied as specified below: 1. Streets: The site is located at the corner of the Cub Foods Commercial Center, at the intersection of SW Dartmouth Street and SW 72th Avenue. Both streets are classified as a major collectors and were fully developed to the ultimate width. The construction in SW Dartmouth Street was completed with the Dartmouth LID and the construction in SW 72nd Avenue was completed concurrent with the Cub Foods' building Gt- site. The parcel arcel will not have direct frontage onto either street but will be separated by a common space strip that is a part of the Cub Foods Commercial Center. The prop osed access to the new Office Max parcel is along the private driveways from both streets that was constructed as noted above. The maintenance of the private access driveways should be the joint responsibility of all the properties within the Center. The applicant should provide copies of the recorded CC & R's fcr the Center that incorporate the joint use and maintenance reponsibilities of the driveways and the private utilities on -site. Otherwise, the applicant should provide an agreement that establishes the joint use and maintenance of the common driveways. The final partition plat shall show the existin g street dedications for SW 72n' ,venue and SW Dartmouth Street, together with ties to the centerline for the new parcel. Sanitary Sewer: existing 8 inch public sanitary sewer line is located in SW Dartmouth Street, The The existing existing sewer has sufficient capacity for this development. The applicant shall pr ide ublic a copy of the private easements or agreements that provide access to the p It facility. 1 r-- Storm Sewer: in the Center and ca The site currently drains to the existing private underground system w `f :. the on site water quality facility. The applicant shall provide 1 copy of the private easements or agreements that provide access to the public facility. NOTICE OF DECISION MLP 94 -0020 Page 5 SECTION IV - DECISION The Planning Division hereby APPROVES Minor Land Partition MLP 94.0020 subject to the conditions Iist'k d in Section I at the beginning of this decision. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. 1. No,)t : Notice was posted at City Hall and mailed to: XX The applicant and owners XX Owners of record within the required distance XX. Affected government agencies t Final Decision: THE DECISION SHALL BE FINAL ON i 1 91/ UNLESS AN APPEAL IS FILED. & a al: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18°32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. pp schedule and forms A eal fee are available at Tigard City Hall, 13125 SW Hail Blvd., Tigard, Oregon. The deadline for thing of an appeal is 3 :30 pent�, j 4. Questions: If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. Prepared by ;., Willia,rn D'Andrea Assistant Planner Approved by: Dick Bewersdorff Senior Planner NOTICE OF DECISION MLP 94-0020 WAREMART / MARTIN ;• s _J. J sr s N ie - > ;.h I { rr�t f 1 ��i.,�, +.. � 7�xt is ".. ..V r:i ,r ✓��.. � tit.4, " "� -..` ;.�:.. ".. 1n ..�". ':.. J'.!R�.,.., � +. `r. r�. .,. .. '. DARTMOUTH ST BEVELAND ST • 1S136DC-00200 THOMAS, ALFRED E AND JUNE R 7135 SW BAYLOR TIGARD OR 97223 15136DC•00301 . ... .. . . BUEHLER, JAMES D Et MELISSA S 7175 SW BAYLOR ST TIGARD OR 97223 15136DC•00500 TOM MOYER THEATRES 703 BROADWAY SUITE 605 VANCOUVER WA 98660 1S136DC•02600 . .0 .. 0............... SCHULTZ, MAR E AND LAURA K 7010 SW YLOR ST TIGARD . OR 97223 1S136DC•03000 BORNE, WILLIAM I/ROBBIE L 7160 SW BAYLOR TIGARD 1S136DC-03200 FEGLES, MARY A 11720 SW 72ND TIGARD OR 97223 • • .0 •• co. .• 000 a. .4) ••• se OR 97223 1S136DC•03400 MAHON, HUGH S ANNA BELLE 11780 SW 72ND PORTLAND OR 97223 1S136DC-03501 CONNET, JANE AND JOHN R 8416 SW 57TH AVE PORTLAND OR 97219 1S136DC•04000 ...................e PHILPOTT, PHYLLIS L 7140 SW CLINTON ST TIGARD OR 97223 1S136DC•04200 LEWIS, LYNN C MARY C 11860 SW 72ND AVE TIGARD OR 97223 .11,1*11.11,111MIZEIILIMARYARIRAC41.14.WililOYar 131361,0..00300 WOZNIAK, JOHN G 11550 SW 72ND AVE TIGARD 0,1 . es •44 .. s••• e e osio••• OR 97223 1S136DC-00400 ... ....0 ... CHASE, WILLIAM L VIOLET 11580 SW 72ND AVE TIGARD OR 97223 1S136DC•02500 ... ie.. .. SUPERVALU HOLDINGS INC ATTN TAX DEPT PO BOX 990 MINNEAPOLIS MN 55440 1S136DC•02900 KOCH, ROBERT J 71:30 SW BAYLOR ST TIGARD a so co o • • so e saes's.° ea to OR 97223 1S136DC-031.00 .. .•• AMACHER, JUANITA AND Bk2EN, gEWNETH G 11680 SW 72ND AVE TXGARD OR 97223 1S136DC•03300 .......•,............ NOBLE, THOMAS L LARRIE 11750 SW 72ND =CARD 1S136DC•03500 WINKLER, ROBERT LOUELLA D 11745 SW 70TH TIGARD OR 97223 mossoMo ess000sboosseiSsisio 1S136D•03508 PETERS, DEN L 7135 SW CLINTON ST TIGARD OR 97223 OR .97223 ��e 1S136DC•04100 oe0 6444044040444464e LEWIS, LYNN C MARY 11860 SW 72ND A TIGARD OR 97223 1S136DC•04300 ..0 0 0..00.........00. ANDERSOA, RAY D & MARVLIN G % KR000 STEVEN 11930 SW 72ND AVE TIGARD OR 91223 4 1S136DC -04402 eeo. .... .... s•se♦• BDGEPETR, LOUIS LOUISE AGNES 12 %99( SW 72ND AVENUE TIGARD OR 97223 2510 tl -00101 a •• ♦eoee♦•eo.• o••s♦e CAMPBELL, DAVID A kND VIRGINIA L S 811 MEADOW COLFAX WA 99111 18136C D-01501 eee•••e•o•••tleeoo•••• MGM® ABDUL AND IS MAT" 16245 RIVER RR CT LAKE OSWZGO OR 97034 18136CD- 02000 ..... ......e•••••eo. SUPERVALU HOLDINGS INC • TAX DEPT PO BOX 990 MINNEAPOLIS MN! 55440 28101L3A -00101 —0). .OMaab000•a•O.O HARTIN, GORDON S E AEG • MARTIN, GORDON CHARD 12265 SW 72ND TIGARD GORDON DAVIS PO BOX 8774 PORTLAND OR 97207 W'AREM2 RT INC PO BOX 12909 SALEM OR 97309 OR `57223 28101AB -00.00 •tl•••e • •o• •e•e•e• POLLO K, DONALD R /JULIA GAIL 1834 SW 58Th #202 PORTLAND OR 97221 18136CDm01400 QAYUM, ABDUL AND I aleT 16245 RIVER NDGF T LAKE OSWEGO 6066,4000000660066M00 1S136CD -01601 DOUGHTY, J PAUL AND LILLI 10150 SW CANYON RD BEAVERTON OR 97034 • e e • s O s O tl 0 • 0 0 0 0 0 • • OR 9765 2S101DA -00300 etes.eeeea• +aootlo•a•s MARTIN, G ORDON��S ET AL MARTIN 1I GORDON R 12265 SW 72ND TIGARD OR 97223 2S10113A -00100 MARTIN, GORDON 12265 SW 72N AVE TIGARD 6 O s q0 • e d! 9 s s e e e s s e• se e e OR 97223 C Or' ilEgaiaMICCONIZIELIERVISSIT.1111 MINUNITY NEW tity of Tigard 13125 SW Hall Blvd. Iligard „Oregon 97223 PAPE 'S, NC. P.O. BOX 370 PHONE (603) 684-0350 BEAVERTON, OREGON 97075 Legal NPtlice Advertising • fl Isarsheet Notice Legal Nalco TT 8044 RECEIVED 1140V 1 6 1994 • 0 Duplicate Affidavit C!TY OF TIGARD a AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, 1, Kathy Snyder being first duly sworn, derose and say that I am the Advertising Director or his principal rk of theT.igard=Cua.1atuiiii newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the af resaid county and state: OW the Mrior Tand Parf.94-0(fl9 BrimPau_42_naps) a printed copy of which is hereto annexed, was published in the entire issue of said newspaper tor consecutive in the following issues: November 10,1994 ONE successive and ja,010 LAND Pa= f),N_WILP 94-0020 • LOCAT ON: Northwest corner of the inters etion of S.W. 72nd A"enu and S.W. Daraboutit Street (WCTM 1S1 161)C, tax lot 2500: The Dirb t,.4-t tor has approVed, subject to conditions, a Minor Land Partition request to divide one puce of approximately 689,772 square feetialtiO0/0 Parcels of approximately 629,352 and 60,420 square feet. APPLICABLE REVIEW CRITERIA1 community Development Code Sections 18,62, 18362,040, 1841.62'.050.40d 18.104. ZONE: (General Commercial) The C-0 zorie, allows public agency and administrative services, public 'snpptirt -. fcilitics, professional and administrative service; financial, P8ura006, and real estate set1,40ea;, business support Services, general retail es,land 'eating mid drinking establishments among other uses. 1,) 1,- 0 Subscribed and sworn to Jr 9.1 or Oregon My Commission Expires: AFFIDAVIT TIjickrLt iLng fafjac elsiciAt 411 cib rig,146p00 Hall Blvd 013 0, ligat,.o final On' deetc peal • MUNORMINEMMEMMUNIS.M.111111219111.01.1114 111•5111■111.101M111.11, MEMORANDUM CITY OF TIGARD, OREGON TO: Will D'Andrea • October 31, 1994 FROM: Michael Anderson, Development Review Engineer RE: MLP 94-0020 WAREMART/DAVIS Applicant is requesting approval to partition Tax Lot 2500, the parent parcel of the existing "Cub Foods Commercial Center", to create a separate parcel within the development for the future "Office Max" site The two parcels vould be 629,353 sft and 60,420 sft respectively. In addition, two parcels within the Center, Tax Lots 2503 and 2504, are not a part of the application and they comprise an additional 5.15 acres or 224,300 sft. Findings 1„ Streets: The site is located at the corner of the Cub Foods Commercial Center, at the intersection of SW Dartmouth Street and SW 72th Avenue. Both streets are classified as a major collectors and were fully developed to the ultimate width. The construction in SW Dartmouth Street was cc mpleted with the Dartmouth LID and the construction in SW 72nd Avenue was completed concurrent with the Cub Foods' building on-Site. The new parcel will not have direct frontage onto either street but will be separated by a common space strip that is a part of the Cub Foods Commercial Center. The proposed access to the new Office Max parcel 1.8 along the private driveways from both streets that was constructed as noted above. The maintenance of the private access driveways should be the joint responsibility of all the properties within the Center. The applicant should provide copies of the recorded CC & R18 for the Center that incorporate the joint use and maintenance reponsibilities of the driveways and the private utllities on-site. Othev:t.vase, the applicant should provide an agreement that establishes the joint use and maintenance of the common driveways. The tinal partition plat shall show the existing street dedications for SW 72nd Avenue and SW Dartmouth !Areeti toqether with ties to the centerline, for he new parcel. ENGINEERING COMMENTS ML? 94-20 WAREMART/DAVIS PAGE 1 2 Sanitary Sewer: The existing 8 inch public sanitary sewer line is located in SW Dartmouth Street. The existing sewer has sufficient capacity for this development. The applicant shall provide a copy of the private easements or agreements that provide access to t).1P public facility. 3. Storm Sewer: The site currently drains to the existing private underground system in the Center and the on-site water quality facility. The applicant shall provide a copy of the private easements or agreements that provide access to the public facility. Recommendations: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways, or the applicant shall provide copies of the recorded CC & R's which incorporate the provisions of the joint use and maintenance agreement reiating to vehicular access and use of the private utilities on-site. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. STAFF CONTACT Diane Jelderks„ Engineering Dept. (639-4171). 2. Final Plat Application Stbmission Requirements: A. Three copies of the rw,:tition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative, B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City, of Tigard, C, The exact loCatiOn of the Proposed Parcel 2 with respect to the adjoining streets shall be indentified on the final plat. STAFF CONTACT John Hadley, Engineering Department (639-4111) ENGINEERING COMMENTS MLP 94-20 WAREMART/DAVIS 1)AC7'El 2 - i , . LEGIBILITY STRIA - =_ r op THE FOLLOWING CONDITION S SHOULD BE FtEQUIRE',D PR: OR TO BUILDING ?ERMIT ISSUANCE: 1. Provide the Engineering Department with a recorded mylar copy of the final survey, or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 day r after recording with Washington County to submit the copy. 2 r APPROVED d/ Randal R. Woo ey, ity Engineer ma \MLP94- 20.mja ENGINEERING COMMENTS MLP 94-20 WAREMART/DAVTS PAGES`-' ESEHNULEHLIZMETAI '46 DATE October _ 19 1991 . Jok4A R nbi $102). JDv&A A-. _727.._ FROM: Tigard Planning Department RE: MINOR LAND PARTITION _MLP 94 -0.020 WAREMEWEELE Northwest corner of the intersection of SW 72nd Avenue and SW Dartmouth Streot (WCTM 1S1 36DC, tax lot 00o r Minor Land Part approval one p arcel of approximately 689,772 square feet into two parcels of approximately 629,353 and 60,420 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.62, 18.162.040, 18.162.050, and 18.164. ZONE: C-G (General Commercial) The C -G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Oct. 31, 1994. You may use ue area finable provided respond by tie dates please phone the your comments. a staff contact noted below with your comments and confirm your comments in writing as soon as possible. It you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Will D'andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments 4&11141.44b ► Name of Person Commenting: Phone Number: umwoormoommarsammemammo • TO • l-R ILE FO�oErr�r� DATE: Octo''er 19 1994 FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94-0020 WAREMART DAVIS Northwest corner of the intersection of SW 72nd Avenue and SW Dartmouth Street (WCTM 1S1 36DC, tax lot 2500). A request for a Minor Land Partition approval to divide one parcel of approximately 689,772 square feet into two parcels of approximately 629,353 and 60,420 square feet. APPLT..ABLE REVIEW CRITERIA: Community Development Code Sections 18.62, 18.3o2.040, 18.162.050, and 18.164. ZONE: C -G (General Commercial) The C_0 zone allows public agency and administrative services, pu `cic support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Oct. , 19944. You may use the space provided below or attach a separate letter to return your comments. If ou are unable to ree Ind b the above date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Will D'andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY amessismosorossonsw We have reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. Written Continents: Of our office. Name of Person Commenting: Ct'"�- Phone Number: l9 _ C C mop FOR COMMENTS DATE: ,October 19 1994,n FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94- -0020 WAREMART DAIS Northwest corner of the intersection of SW 72nd Avenue and SW Dartmouth Street 'WCTM 1S1 36DC, tax lot 2300) A request for a Minor Land Partition approval to divide one parcel of approximately 689,772 square feet into two parcels of approximately 629,353 and 60,420 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 10.62, 18.162.040, 18.162.050, and 18.164. ZONE: C-G (General Commercial) The C -G zone allows public y - financial, port facilities, professional and administrative services, support and real agency an � administrative services„ public estate services, business support services, general retail sales, and ',eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared decision will be rendered on the proposal in the near future. If you wish and a needy your comments by Oct 31, 199 to ,. oa�ment on this application, we }� � . You may use the space provided below or attacth a separate letter to return your comments. If_vou are unable to res and b the above date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If ou have any questions regarding this matter, contact the Tigard y Y' Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF C, ©NTACT. Will D'andrea a PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: \'O _ We have reviewed the proposal and have no objections to it. Please contact of our office Please refer to the enclosed letter. Written Comments Nam+' of Person Commenting: Phone Number: .REQUEST FOR COMMENTS RECEIVED OCT 2 61994 COMMUNITY DEVELOPMENT DATE: October 19 1994 FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94v -0020 WAR ART DAVIS Northwest corner of the intersection of SW 72nd Avenue and SW Dartmouth Street (WCTM 1S1 36DC, tax lot 2500). A request for a Minor Land Partition approval to divide one parcel of approximately 689,772 square feet into two parcels of approximately 629,353 and 60,420 square feet, APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.62, 18.162.040, 18.162.050, and 18.164. ZONE: C -G (General Commercial) The C-G zone allows public agency and administrative services, public support facilities, professional administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. 'f you wish to comment on this application, we need your comments by9ct. 31, 1994. You may use the space provided below or attach a separate letter to return yckr comments. If ou are unable to res and b thA above date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible If you have any questior,s regarding this matter, contact the Tigard Planning De 9artment, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-017/. STAFF CONTACT: Will D °andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: /` We have reviewed the proposal and have no objections to it. cameorsomeasoorS anwansonui treasseammorstwasi Please contact Please refer to the enclosed letter. Written Comments Name of Person Commenting: Phone Number of our office. FROM: Tigard Planning Department RE: MINOR _LAND PARTITION MLP 94 -0020 WAREMART DAVIS Northwest corner of the :intersection of SW 72nd Avenue and SW Dartmouth Street (WCTM 1S1 36DC, tax lot 2500). A request for a Minor Land Partition approval to divine one parcel of approximately 689,772 square feet into two parcels of approximately 629,353 and 60,420 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.62, 18.162.040, 18.162.050, and 18.164. ZONE: C -G (General Commercial) The C -G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establiLthments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Oc ctt , 1994. You may use the space provided below or attach a separate letter to return your comments Il_you are res and b the above date please phone the staff contact noted below with gyour comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. RIVIVED OCT 2 0 1!11 I~LEcEIVED OCT 2 7 1994 POR CO ENTS ,( COMMUNITY DEVELOPMENT 1, / DATE: October 19 1994 STAFF CONTACT: Will D'andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. Written Comments: of our office. Name of Person Commenting: Phone Number: T©. : RE: AEREOLEMS2MMENTA Tigard Planning Department RECENVM OCT311994 DATE: October 19 1994 r(IM MNIV DEVELOPMENT OPMENT MINOR LAND PARTITION MLP 94-0020 WAREMART DAVIS Northwest corner of the intersection of SW 72nd Avenue and SW Dartmouth Street (W .TM 1S1 36DC, tax lot 2500). A request for a Minor Land Partition approval to divide one parcel of approximately 689,772 square feet into two parcels of approximately 629,353 and 60,420 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Se%:tions 18.62, 18.162.040, 18.162.050, and 18.164. ZONE C -G (General Commercial) The C -G one allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Oct 31, 1594. You may use the space provided below or attach a separate letter to return your comments. If you are unable to resRond b„y the above date please phone the .taff contact noted with your comments and confirm your comments in writing as soon as p If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Will D'andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: OrlatINAZINPIMIO We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Nam rw,u,ims,asommeN emenstelonciling Name of Person Commenting: Phone Number: FILE NO MLP 94 -0020 FILE TITLE: WAREMART / DAVIS APPLICANT PROVOSAL DESCRIPTION Gordon Davis P.O. Box X774 Portland, ,i 97207 OWNER: Waremart, Inc. P.O.Box 111909 Salem, OR 97309 REQUEST: A requesi, for approval for a Minor Land Partition approval to Otvide one parcel of approximately 689,772 saliare feet. into two parcels of approximately 629,352 and 60,420 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.62, 10.162,040, 18.162.050, 10.164 LOCATION: (WCTM 151 3GDC, tax lot 2500) Northwest corner of the intersection of SW 72nd AvOnue and SW Dartmouth Street. ZONE: C -G (General Commercial) The General Commercial zone allows Public agency and administrative administrative services, facilitiee professional and adm , real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. CIT: East CIT REPRESENTATIVE: Joel Stevens PHONE, NUMBER: 293-6896 CHECK ALL WHICH APPLY: X STAFF DECISION COMMENTS DUE BACK TO STAFF ON 1993 PLANNING COMMISSION DATE OF HEARING: ,„,.. TIME t 7 30 HEARINGS OFFICER DATE OF HEARING: TIME :7:00 CITY COUNCIL DATE OF HEARING: , TIME : 7 3 0 ATTACHMENTS X_ VICINITY MAP NARRATIVE X. SITE PLAN STAFF CONTACT: Will b'Andrea 639. 417,!; LANDSCAPING PLAN ARCHITECTURAL PLAN OTHER: CITY OF TIG 1111, OREGON NEEEMILAKEELLUELE. CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION . , TAX M A P A N D TAX LOT NO. ItH SITE SIZE PROPERTY OWNER/DEED HOLDER ADDRESS 110013 V, "Mt _WL.Lheilimmtraikie., 0 PHONE 5;it5V- /DO ZIP CITY APPLICANT* ADDRESS CITY Iw.) ri.41411 0142077 ..MiLe-019 pHONE6'03 246- ZIP CASE j7Z07 *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in posSession with written authorization from the owner or an agent of the owner with written authorizatienf, 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 sub je request permission to divide tota into _______ 0 of parcels) and feet each). ProPeFtY FT area.). 357, r: FT acres (or square FOR STAFF USE ONLY CASE NO. OTHER CASE NO'S: RECEIPT NO 21LE5-24-1,08 APPLICATION ACCEPTED BY DATE' ______________ Application elements submitted: (A) Application form (1) (B) Owner's signature/written authorization (C) Title transfer instrument (1)4.'- (D) Assessor's map (1) (E) Plot plan (pre-app check fist)" (F) Applicant's statement- (pre-app check list) 7 694-42ista-ef-Pleeriertir-somelPe-E§44 etll (H) Filing fee (235) DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE: COMP. PLAN/ZONE DESIGNATION: N.P.Oi Number: , Planning Director Approval Date: Final Approval Date Planning Engineering Recordation Date and Number 3. List any var.ance, conditional uses, or other land use actions Wo be considered as part of this application: s 4. Applicants: To have a complete application you will need to submit attachment this described in the attached information sheet at the time you submit application. 5. THE APPLICANT (S) , SHALL CERTIFY THLT A. The above request does not violaie any deed --2, -- rictions that ma be attached to or impose on the sect property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. All of the above statements and the statements in . attaclwwnts, and exhibits transmitted herewith, are applicants .so acknowledge that any permit issued, application, may he revoked if it is foand that any such false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understaTds the requirements for approving or denying the application. C. the 'plot plan, true; and the based on this statements are DATED this _ 19 SIGNATURES of each owner (eg. husband and wi'°;) of t e _..' ec property. J�, earftwesiorroori (KSL pm/0737P) ..L.1 I Y ,ti': l I t41 4 t'i k.!. t 1 is l:,l i" '.It1. 2.r rvit1 :1'4'1 i's€i. (. ;F' J..t -' l 1 '44.!« :1.4- . ► ft' `44 ii.'t';•4 • C 4"lt C;3 1. 11t,l(ll \l i' it 'IA k.'i " v 00 •Pil#.1 1•l~q t.,11,41g1i ltifift.t .1„ 1..1` tl --1 1 :-) I.,JI.,ttl: I , ;, ti.1141. ID t'i,4. i;`(° 'IYIh 1"441 in "4 i ki. 1.0.. E l, .. /9, st t J) I V. L !".,i 1.1.04.1: PC)Y1114.N t APvlt.,It,tl "sI,1.. I.r�'1ll1l- 41Iht4. (:;kl yt., °1 ^1Ylviter;l'd (" 1-11111..) AN i f.!'I{1 1:1 �Y+Wt!h.HN' 14.41 Y�:YA ri4x46MI My+MM1NrrN�m,r4Y4Mwtl.ir,M W1i.YW�r�:a4l .r44w,x4 A..:4r �444yw4MUnh +�', 4.44 zN1r 44kir, 44 F4lmt; A.11,41 PO t4 1, PROPERTY DEVELOPMENT SERVICES PUBLIC AFFAIRS CONSULTING STRATEGIC PLANNING October 3, 1994 City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 23397 RE: Partition Office Max parcel of the Cub Foods project Greetings: Attached you will find an application on behalf of Waremart, Inc. to create a partition on the Cub Foods Center. This partition will create a 60,420 square foot parcel generally in the northwest quadrant of Dartmouth and 72nd Avenue. This parcel is to accommodate the proposed Office Max proNct. Attached you will find the following materials: • seven copies of the partition map seven copies of the legal description of the parcel • seven copies of the Catles for the property (The copy enclosed is the recorded version used with the PetsMart project. A view set will be produced and executed for the Office Max Evoject. The copy enclosed contains only the Easements portioa of the CCallt's). • one copy of the polication • one copy of a written authorization for the applicant to sign on behalf of Waremart, Inc. an application check for $235 • seven copies of a draft warranty deed If there are any questions, please do not hesitate to call. Sincere Gordon E. Dav onmeannomoriorapy . ��► ENGINE ERE:4 o . PLANNING A DEVELOPMENT SERVICES A SURVEYING AUGUST 30, 1994 LEGAL DESCRIPTION OFFICE MAX PARCEL, JOB NO 211 -009 A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE — QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE SOUTH ONE - QUARTER. CORNER OF SAID SECTION 36 BEARS SOUTH 15° 59' 07" WEST 43.38 FEET AND NORTH 88° 33' 09" WEST 418,91 FEET; THENCE SOUTH 74° 00' 53" EAST 102.31 FEET; THENCE SOUTH 88° 1,6" 04" EAST, 101.33 FEET; THENCE NORTH 46° 43' 56" EAST, 28.81 FEET; THENCE NORTH 1 43' 56" EAST 188.00 FEET; THENCE NORTH 88° 16' 04" WEST 173.87 FEET; THENCE NORTH 01° 43' 56" EAST, 19.98 FEET, THENCE NORTH 88° 16' 04" WEST, 19.94 FEET; TF[ENCE SOUTH 010 43' 56" WEST 12.68 FEET, THENCE NORTH 88° 16' 04" WEST, 48.11 FEET; THENCE SOUTH 1° 43' 56" WEST 154.90 FEET; THENCE SOUTH 36' 08' 38" EAST 23.68 FEET; THENCE SOUTH 74° 00' 53" EAST 63.63 FEET; TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 60,420 SQUARE FEET. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS COUNTY SURVEY NO. 2'4389. REGISTERED .. PROFESSIONAL ND SURVEYOR N /t 7 A lvircT Cl `TT1" / /el O(nn cMir '\ } 01 -■PT1 1,1n r'1p 0-111 Nr g',1 A ' 93081054 ftwagege ono, zip WHEN RECOP.DED RETURN TO: WAREMART, Inca edie Richard A. Cna* MIER, NASH, WIENER, HAGER it CARLSEN MOO U.S. Bancorp Tower 111 S.W. Fifth Avenue Portland, OR 97204.3699 agedmet nal MP/AM Ms WINO r DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS • AND REaPROCAL EASEMENT AGILERSTENT THIS DECLARATION OF aNENANTS, CONDITIONS AND RESTRICTIONS AND RECIPROCAL EASEMENT AGREEMENT (this "Dedaration") is made as of August .12., 1993, by SUPERVALU HOLDINGS, INC CSUPERVALIY)„ aft Ohio corporadon, and PETsMART, INC ('IPETIMARr), at Delaware corporation. RECITALS A. SUPERVALU Is the per of the reel property (the 'Property" in the City of Tigard, Washington County, Otegtan, which Is described on the property descripdon attached hereto as Exhibit A add hiCOT,porated herein by this reference, • SUPERVALU has entered into a purchase ornament dated January 1993 (the "Waremart Purchase Agreement"), with Wareanart„ Inc., an Idaho corporation ('Waremart"), in which SUPERVALU agreed to tell the poverty to Waremart and Waremart agreed to purchase the Property from SUPERVALU on the terms and condition% contained therein, C SUPERVALU has entered into a separati purchase agreement dated as of January 31, 1993 with Waremart and PETSMART (the "PETsMART Paden Agreement") under which SUPERVALU will sell, Waremart wal partially develop, and PETsMART will purchase directly from SUPERVALU a portion of the Property referred to herehi as Lot 2, ailcia Retail It Waremart has obtained permission from the aty of 'ligard to develop the Property iks a shopping center and is proceeding to adjust the lot lines of the parcels constituting the Property into three lots„ to develop mit lots for retail commercial uses, and entitetittokit 41E14 1 y 4 ‘. . * . ,• intends to hereafter farther partition or diviee the pantel designated as r the attached Plan into three parcels, to mate a ts,T1111 of Mare lots. SUPERVALU and PETsMART (collectively the Veclatants") has Weed that the roue and utility g would be enhanced by reason of covenants, conditioett a nd restrictions governing. tanong other reciprocal access, sign usage, puldng, pedestrian accestt maintenance of parking lots, landscaphig and building Ottakfer and types of use, and now desire to make and enter into this Declaration for the benefit of themselves, Wa retert (as the buyer under the WAarem M Purchase Agreement) and a NOW, THEREFDRE, Declarants heresy declare re that the followirg covenants, conditions and restrictions, including easements will govern the use and enjoyment of the Property and benefit, burden and be appurtenant to the Lots and each of them, and any other portion of the Property -filch away be subjected to these Restrictions by a Suppiemcntel Declaration as defined below. f. PRELIMINARY TERMS AND CONO ONS 2.01. O "Benef ttcd Lot" means a Lot which is bee.e,1tted by the easements and tights hereinafter set forth and constitute:: ttitt donut estate. L& "Burdened Lit" m as t Match burdened the easements and rights hereinafter ct forth and constitutes the sea eat estate. on any Lot. (c) "Building' weans all gructures hereafter installed or c o otcd d � "Building metes all a On Lot located within the "�aadia i Area" or "Building Envelope Line shown on the sa f plan ("Site Pleas° attached hereto as &Whit B and icaaoi rpa rted herein o by this reference, together with those portions of the Expulsion Ana which are from time to time covered by a building or other commercial structure. (e) "Common tai' means all those efeite on each Lot which are not Building Area together with those portions cl' the Building Area on each Lot which are not from time to time actually .,.red by a Wildingor other commercial structure or which cannot under the terms of this Declaration be used for buildings, Canopies which' extend over the Common together with any columns or posts supporting same, shall be deemed to be a part of the building to whkh they are attached and not a part of the Common ossoestesee sabass (1) "Consenting Ursa means the Owners of Lots 1 2 and 3 anti they respecdve heirs, mensal and assigns. () 'EnvironinentalLaws" Me= an prOgerit IOW turn federal, state or local statute, warmed reguladon, rule, guideline, deCitiOn Of Ordger governhts the gneration, swage, felelde2 discharge, ttansporttion, removal, renserliation, reduction or disposal of haysrdous or tot materials such as, without limitatkes, the Roo= Conservaticat and Recovery Act (RCRA, 42 U.S.C. 6901 et geg,), the Comptehensive EnrifOliMetital Response Compensation and Liability Act (CERCLA„ 42 U.S.C, r 9601 at leata) as amended, the Tootle Substance Control Act (TSCA, 15 U.S.C. 2601 RI gra,), the Emergency Planning and Community RightotosKnow Act of 1986 (EPCRTICA, 42 U.S.C. 1100t leg.), the' Safe Thinldng Water Act, (42 U.S.C. 3004 et ust„)„ the Clean Water Act, (33 U.S.0 I 1251, at KW, the Clew Air Act, (42 U.S.C. I 7401, fil Wria the Pollution PreVelithlt Act of 1990, (42 U.S.0 13101, a lax the Hazardous Materiab Transportation Act, (40 U.S.0 I 1801, at aga), or grey similar laws of the State of Oregon regulating EltvirOnMe lug Pollutants or underground storage tanks, and any and all amendments, supplements, modifications and replacements thereof. (h) 'Expansion Are means all those areas of the Property located outside of Lots 1 through 3 ittektaiVe, (I) "Floor Area" or "Gross Floor Area means the area computed by measure eats of the ground floor (and any additional floor or mezzanine if and to the extent used for the display or sale of retail goods) made to and from the center of party walls and the outside of exterior walls, excluding any portion of the Common Area located within such dimensions and any area for Wading docks, !wilding zone, delieery area, trash enclosure area, pallet area and vestibules which are not used for the sale or storage of Retail goods. (I) Hazardotts Materiels" means :ts, subs mixtures, pollutants, contaminarits or other materials which are defined or classified by any Environmental Law hazardous, todc or radioactive, including, whether or not so defined, petroleum and natural gas products, polychlorinated biphenyls, dioactive materials, urea formaldehyde foam insulation„ and asbestosacontaining materials. "LienhOlderd Mean,' ally Mortgagee under mortgage or a trustee or beneficiary under a deed trust constituting a lien on any Lot or Expansiort Area hereafter subjected to this racelaration. (I) aLor meaas (1) any of the three lots (Lot 1, Lot 2 afitia Retail B, and Lot 3 slikla Retail C, which are individually referred to as a "Lot" and collectively referred to the tots") shown oa the Site ?len and more particularly described in Exhibit A, (ii) each portion of the Expansion Areal subjected hereto by 8 Supplemental mita lipm " • 717iirt4... 1 : 014 • 0 10'i •I than 50 (m) National Chaise means a busing o k operating more to under the mu try name„ such as "OW or 'Payless." (n) " to rams and include any Perm or Perm (including without limitation Lienhoiders) who shall be from time to dyne entided to the ups and under ► located within the Shopping Center whether by one of'o rship or , subfuse, license or ment, or ot! r instrument or arrangement under w such rights are acquired. (0) °' ►ner° means any Person or Persons now or heir holes a ownership interest in fee in any Lai their heirs, pommel rep>atad, rarecessors and assigns, but slot its Occupants (if outer than the fee tltic holder), tactless otherwise specified here (p) ?ermined' means customers employees, licensees and business invitees of an Over or Occupant but does It include individuals, groups of or i�sd , corporations and ether lei or commercial entity who a in aectivities b such ooklets, a s `biting ply signs or notices, distributing circulars, handbills, placards thy: . _ ,�,mem tshi or contributions, long picketing or demonstrating or po mnncn Area rules and regulations contained in this Declaration or adopted by the Consendag Owners unless such 'des are dolt a s fine n tinder the Constitution of the United States. �Y protected (q) a lRate mean the prime rate of interest as published daily by the Wall Street J or f sod periodical shall cease to published, i successor or a similar publitation reasonably selected and agreed Up0111 try the Osnsenting Owners. (r) g" means individuals, partnerships, dint ventures, drrn�, tons, rp oru ions, tests„ governmental i entity. �e aninaistti`btns �r any other fermi of business or le (s) Mme Lessee . means an Owner of a Lot who sells told Lot to an u iated . park► and thereafter enters into a net 1 party or ease for said Lot with c1i third its i . sublessee. a ft.essee includes the Summon and assigns of said Prime Lessee but does not dude the aublesseee, licence or concessionaire): of said Prime t .6 maws the c e went conditions, settrictions, 1ie� . esunnbr�stn contained mn this lCo eel ... d ®n. (u) Seam P'a ides* MOBS loading docks, trash enclostensa, stomp areas and other similar service ities. (v) "Site Plan" means the site plan for the Los ate hereto as Exhibit D and incorporated herein by this reference. (w) *Shopping Mate, any the Lots collectively, plus any other portion of the Property which ay btu , abjected hereto by a Supplemental Declaradon hereafter. (x) uppl'ementad Declaration' means a n instrument hereafter recorded in the Office of the Washington County Recorder by the er(s) of any portion of the Expulsion Area which abuts any Lot whit h (I) pwporta to subject such abutting Expansion Area to the estrietionaa without necr tlon or er epdon, and which (ii) intrudes a revised Site Plan approved by the Owners of the then Stopping Center, and such approval ity r the Owners shall not be tanrea sonablyy withheld or delayed. The portion of the Expansion Area covered t y any such Supplemental Declaration shall be deemed to be a " ° for purposes of this Declarat on. 1.02. Bum The Owners plan to develop the Shopping Center as an integrated retail sales complex for the mutual benefit of all real property included �wlthin the Shopping Center from time to time and, therefore, hereby establish the Res ° t SE'S 2r1. rdantstroasamens The Owners hereby each rant to the other the following easements for use the Owners and their respective Occupants and Permitte, without payment of any fee or charge apt as otherwise agreed in writing between the gems: 2.01.1° EcsicatriaarEaseiscals. Nonexclusive easements for the puree of pedestrian traffic between each Lot and (t) each other Lot which is contiguoua thereto; (ii) the public streets and alleys now or hereafter abutting or located on any portion of the Shopping Center; (iii) the parking areas now and hereafter located on the Shopping Center, and (iv) Dover, upon, terms and through the Common Areas; limited, however„ to those portions of each Lot which are improved by the Owner thereof from time to time for pedestrian _ . walkways parking ith UM and made avmlable by such is Declaration and the Site pef for general use by the permitter in conformity this 2.01 magnantmitag, Nonexclusive easements for the e of vehicular traffic over, upon, MOO and between each and the public streets arid ally now and hereafter abutting or located a any portion Shopping Bt limited, how r, to those portions of the Shopping Center which are improved by the oia asaw4 M ': • r. w•y ..z • • t Owner thereof from time to dme for vehicular socessways in conformity with this Declaration and the Site Plan. 2.012. Drunnzan—ComainzaLlosticakt, Notundulive easements for the purpose of furnishing connection„ support and attachment to walls, footings, foundations, slabs, roofs and other structural eystems of any improvement now and hereafter constructed on each Lot, for the encroachment of common components of Improvements and for the meintenance, repair and replacement of the same; iofted, however, to thole portions of each Lot which are immediately adjacent to the Lot line and on which an hnprovement is contiguous to an improvement constructed on another Let. My Owner of a Benefitted Lot which desires to claim the benefit of tho foregoing easement for common components and encroachments will be entitled to exec such right on the following conditions: (a) The Owner of the Benefitted Lot will submit plans and specifications showing the improvements proposed to be constructed on the Benefitted Lot to the Owner of the Lot which will be burdened by the easements hereby created for approval of such plans and specifications by the Owner of the Burdened Lot. (b) Approval of such plans and specifications by the Owner of the Burdened Lot will constitute a designation of the portion of the Burdened Lot to be used for the purposes therein described. Any approval requested shall not be unreasonably delayed, denied or withheld. (e) The construction of the improvements on the Benefitted Lot shall be diligently prosecuted by the Owner of the Benefitted Lot with due ore and in accordance with sound design, engineering and construction practices in a manner which is customary for such improvements and which will not unreasonably interfere with the use of the Burden e. Lot or the improvements thereon or impose an unressonable load on such improvements. (d) The Owner of the Benefitted Lot shall indenanify, defend and hold the Owner of the Burdened Lot harmless for, from and against all loss, cot, opente and liability arising from or in connection with the construCtion, use, maintenance, rem, replacement and removal of the improvements on the Benefitted Let and the amidst Of the rights of the O of the Benefitted Lot hereunder. When the exercise of the rights hereby greetted to the Owner of the Benefitted Lot requires entry Upon the Burdened Lot or 1 provements thereon, the Owner of the Benefitted Lot shall Ore due regard to the use of the Burdened Let and the improVements thereon in the exercise of such rights and shall promptly repair, replace or restore any and all iiiiiproftme,hts on the Burdened Lot Which are damaged or destroyed in the exercise of such rights. • t , Ithatelgeseamenga Nonexclusive easements in, won, under, over and through those portions of the Common Area (exclusive of any portion Roca within a tailding Area) necessary for the installation, use, testing, connection to operation, maintenance, repair, replacement and removal of: water lines and systems; telephone lines and systems; gas lines and systems; sanitary sewer lines and systems; electrical lines and systems; stores sewers, drainage lines and systems; and other utility lines or siyaterns hereafter developed to serve one or e ore of the Ws; SubjeCt to the following conditions: (a) All pipes, whes, lines, conduits, mains, were, systems end related equipment (hereafter called "Utility Facilides") will be installed underground or otherwise enclosed and will be installed operated and maintained in a manner which will not einressonably interfere with the use of the Shopping Center or bnproventents on which such Utility Facilides are located, (b) The Ownef of any Buintieneal Lot affected by any off such utility easements will have the right, at any time, and from time to tune, to relocate any Utility Facilities then located on the Burdened Lot on the conditions that (i) other than in an emergency situation, such right of relocation will be exercisable only after 30 days' prior written notice of the intention to relocate. has been given to all Owners using the Utility Facilities to be relocated; (H) other than in an emergency situation, such right of TC€OCad011 of ii177 Utility Facilities located in the front of as building dual not be exercised between October 1 and December 31 of any year; (iii) such relocsakm shall not unreasonably interrupt any utility service to the improvements then equal or exceed those mightily used and have been approved by the utility located on the Benefitted Lot(s); (iv) materials and d igns are netted which h I, company and all governmental agencies having ittrisdie is! (v) such relocation shall not reduce or unreasonablytimpair the useftlinest function of the Utility Facilities to be relocated, (vi) all its of such relocation shall be borne by the Owner relocating the Utility Facilities; and (vii) the Owner relocating the Utility Facilities shall, promptly following the relocation, repair and restore the surface of the Burdened Lot and any other affected by such relocation to its condition 'meted % tely preceding the relocation. (c) Prior to Utilizing the easement and exercising the rights granted had, the Owner shall first provide the other Owners with a written statentent desalting the need for such easement and shall identify the proposed !melon of the Utility Facirties. The initial location and width of any utility easement shell aubject to the prior written approval of the Owner of the Burdened Lot, slid apptswal not to be unreasonably withheld or delayed, The easement area shall be no larger than is necessary to reasonably satisfy the utility company as to a public utility or five feet on each side of the centerline as to a private U. Upton written request, the Owner of the Benefitted Lot &hall provide to the Ow m of the Burdened Lot a copy of an arebuilt sum' chewing the location of such Utility Facelitiet, (d) My Owner installing Utilities Facilities pursuant to the provisions of this Section 2.01.4 shall pay all its and =perms with sweet thereto and shall cause all work in connection therewith (including general dean up and proper surface and/or eubsurface restoration) to be completed as quickly as possible and in a manner en to minimize interference with the use of the COMM0711 Are& (e) The Owner of a Lot benefittina from a utility easement MOW ▪ another Lot shall indemnify, defend and hold harmless the Owner of the Burdened Lot for, from and against all demands, damage, claim; less, liability, or expense in connection with such beneatting Lot °Tames use, installation, MaiittellanOt and removal of inch Utility Facilides and easement on the Burdened Lot. 2.013. tasseeseEasemlnet. Nc nexclusive easements n accordance with the access s Anna and driving lanes shown on the S1e Plan between each Lot and the public streets and ways abutting or crossing any portion of the Shopping Center for the purpose of providing in e ss, e e. s and acce to the easements hereby created end Li, the Common Arem. I 2.016 feemetisnersaluenate. None:Delusive easements for the purpose of constructing, ten ,,ting„ repairing or remodeling the improvements on the Shopping Center, including grading, balancing and compaction of soils and other site work material reconstructicee, installation, replacement, modification, care and maintenance, provided such use of a Burdened Lot is mazonably necessesy, shall be diligently prosecuted in accordance with sound construction practices and shell not unreasonably interfere with the use of the Buedented Lot or the improvements thereon. r4 .„.„„ (•, • 4 . • • *irOa A,‘‘ "A 4 ■1' ‘Pf • 2.01.1 rnekingegnsnennte. Noneadusive easements ht and to the parking areas for access to and use for vehicular parking purposes. Such parking easements shall consist of at least 3.0 parkieg spaces for each 1,000 square feet of Gives Floor Area on eath Lot, except that such ratio hall be augmented to 10.0 parking spaces for each 1,000 square feet of Gross Floor Area devoted to restaurant uses on any Lot. Each Owner covenants and agrees that at all times during the Bergs of this Declare ' ° ti the parking seek and ratios shall be maintained in the general configuration set forth in the Site Plan Subject to the applicable requirements of any governmental agency having jtarisdie' stion over the Shopping Center, trivet Ceheeeer covenants that the widthe of parking spaces, parking Met and parking bap Alin be in tecnotdrince with the widths and dimensions shown on the Site Plan on tlzis respective portione of the Shopping Center, but diet I any event the parking spaces in Lott 1, 2 Ind 3 will be no less than 9 feet wide and 18 feet deep, The Owners L oltpc 4.021,30 -8- 8 LEGIBILITY STR agate to designate employee parking spaces on their respective Lots frith then standard letter of such : ,e and color as to be readily observable in daylight hours to users a ` the perking areas. The Owners shall desire adequate employee parking places on their respective Lots to serve ®.! e tesenesset located on their' respecdve Lots. The Owner Commit of each Lot shall require the Ow eer°aa employees or the employees of all Occupants of nth Lot to park only Ito the employee parking spaces matted with "E' on lie Lot. 2.OL& Lightir Nonexclusive e ment for Mess le and use by the Owners and Occupants of each Lot to the public light poles located adjacent nt to the perimeters of each Lot for installation, rep*, replacement, maintenance and removal pf electrical w k, condartt, lighting Brea sad related apparatus to share the use of vach poles for lighting the amnion Area on each Lot. 2.01.9. .ftlfithreasenanta. Nonexclualve rights of entry and easements over, across and under each Lot for all purposes reasonably neoessary to enable any other Owner of a Lot to perform any of the provisions of this Declaration which a defaulting Owner has failed to perform. 2.01°10. a emen� .�...,. ,,, Non-exclusive easements under, through and aceoss the Common Area of each Last for the installation, operation, maintenance, and replacement of such free-standing ndiang pylon ai;�. , . as are shown on the Site Nan at ... hereto or as may be erected by agreement of the Owners ie Including all appurtenant Utility Facilities. 2.01.11. a ,itittaranaan . Nonceesalusive easee eats for the flow of a seasonable whiting of surface water to the nearest drainage catch basins, waate , provided, however, that (a) the easement for surface water drainage Lball be consistent with an overall surface water drainage plan for the Shopping Center; and (b) following the construction of Cole mon was and buildings on a Benefitted Lot no OWner of the Benefitted Lot shall alter the flow of surface water onto a Burdened Lot In a manner plat would materially Increase the volume, or materially decrease the purity or quaalaty, of Siam water flawing onto the &W end Lot. 2.01.12 ` tlandsy ��, " n `t, A none chesive meat to drain surface water to a stow Mater acdimetitatitea pond and from there to a wallas n adoption area ("Mitigation Area`) located on the ever' s `eszty west of the Shopping Centro 2.01.13. Ekergnamaganzataem A permanent perpetual � � pedestrian construction, install l mid egress roam; as emergency c from, the Building(s) easement Common te e) destratra ctiovehicular sinstallation or acement of any penmen! improvements shall be permitted within those pardons of the Commnoal P=MIMMAINOBIZIMIUMIRMIM deitrvated for such ems% other than surface bnpowessiunts which AO stet interfere with the unimpoded access desenled herein. zO2 . jadgmlaiseaso. rile Owners twee that no bearicarle or other divider will b amsurmted Wotan the Lots and the Ownev sad Occupant wsll do nothing to puha* c discourage the free arid unbrzemrpted flow of vehicular or pedestrian male throughout the Shopping Center I the areas designated for such purpose on the Site Pirat; paaeitdad that eaeb Owner wni have the right to we:poi* erect barriers to mold the posedhillty of dedicating awls areas far public use or mating prescripdve grAgas therein; melded that no banicade hall inspidr access to another Owner's Lot. Votwithstauding orbing contained hem to the contras% nothing In tbis paragraph shall prohibit (a) the Oman or Occupants of lots 1,2 ,,;0 3 from 0) Ma:an sales of prdct% such at coffee, ettpsesso„ hot dogs and the Re, from Moveable carts located on sidemsas and under canvies es such Owner's or Occupant's L�, (L) I,--tzeing r maintaining a video cassette collection bon in the parking srea on their respective Lots, or (iii) using noel parts of the Cocenson Area for the return ri shopping carts; (b) t1 Own= or Occupann of Lots 1 and 2 irons 0) conducting up tati. time (3),sidewalk sales elm more them seven (7) Aar esch the Common Arre. which h iiromedigely in front of die building on the respective Lots, and (10 erecting a tent for the vmde ef merchandise in the Common Area an their respsoM bb subject to th e mowing uniutt ont (A) such tent shall be used only c pesiod in fists Spirsg of calendar year, such, annual peziod net to =teed twelve (12) weeks, (13) sods it Ad not interfere .with any driveway In the Common Arm and $12111 cover no aeons than tan (10) puking space; arid (C) any web teat on Lot 1 sbea be placed not closet than 150 twat from EsTsmARTa 1744,1 on Lot 2, and (c) the Owner or Occulout of Let 1 Emu (0 ]ng ill'elvorks' hum temporary stand located on Lot 1 and at is 300 feet fretin PETSMART3 bnal.70 on Lot 2 for a period of' apptcodtrietely twenty (20) days before It 4 each yar. 2.03. rgtmoglAp2aagnant, Each zi;k:, all of 'the easements wad fights gratuisd Warmed herein are appurtenances to the sifecictd ponioms of tbe Shopping Center and none of the ease*. ergs end rights may be treferred „ assigned or enestrabend excePt as an appumutince to such ons. For thr4 purposes c/1 such easentents 4;..d tights, the agess of ths1 SbeniuS Cent= 4.1,deb beuteltud by such eaSenatat$ shall constitute die dominant estate, and the particular are of the Shopping Center which are battened by anch easements and rights 3han 00115dint6 the Servielit Cage. 2.04. Nanmagajgrgaatriasmotts. Each and a of the easentent„ cvenant% restictions and °Iona contained in this Declaradon: (a) a Are rat& for the direct, mutual and reciprocal benittir of the Owners land Occupants of the respective Lotg (b) Qom LWOW equitable `tides upon =la Lot vof the other Lots; 1,4:1.'.? 'lit', 't■■■•.*, 4 kg'4 I P..1:'ii;'1.14'41.4 , 4t :^k* - t 4 O 0 Perna hobs say fag, t btu% la say portion el the Dapping Cater at say time tar kola iticaa ,� a tt such ,.,,, � ' o by tes caasancato time covenant, or X o f f, ;A ,' ' , v � „�. Of IDNp extent that wit sad easement, ,vovenanta restriction or provision b LNe performed on OA prelim °I" nen e�fa nla. The recording or acceptance of any document 19 ,.m�„�, - -- - transferring or cenveying fee tide to all or arra part NZ or any interest in any Lot AO be deemed to be the enforceable aveement of the grantee to user occupy or allow any Occupant of roach Lot to use or occupy the Lot only in accordance with the terms and condition of this Declaration; provided, however, that when a ranee is a Lienholder, no personal liability or responsibility shall be deemed to be rimmed by such Lienholier until and unless such Lienholker actually wakes possession of a Lot in connection foreclosure action, including Without limitation accept= of a deed in lieu of foredoom. !BUILDING AND COMMON AREA DEVELOPMENT 3.01. DINIngelmatinneandikain Ali buildin and other structures (except those permitted en Section 3 °02 below) thrill be placed or tmetr d upon the Loy that canopies, ears and roof avrhan only in the Building Areas; provided„ however, w (including whiting or pests supporting tame), normal foundations, utility i> is a project from the Building In the meters, � ,� ,, and doors for in a ��' prod - � Common A±ren. All BuilWing Artie iu the She in Center on which buildings are not completed or tinder co action on the date the first Owner or Occupant opens for busies on ar LAot thrill be orivered by germs, gravel or a one inch asphalt dust tap and thrill be kept mowed, weed free and dean at the Berta tole operate until such time as druildin ;{ are conetrueteed thereon. 3.42, Caanagnittest The Common Area is hereby reserved for the Ole and elusive use of all Owners, their rpant% contr tort, employees, agents, customers, nsees and Snvateea and the aubtenanta, contractor employee , entt, custt ,era, The Coaramon may be used for vehicular liee�eea and iriaat Of Pe ° driving, g in ..! t upon a0Ypru ri; of prix. � (except thrill there shall be no multi level l�n exc� the Consenting I nert, which approval may be tented or withheld their aaole distret%); pedestrian traffic, directional sivis, Sidewalks, walkways, landscaping, perimeter walla and feriae, parking lot lighting, Utility Facilities and Serviee Facilities hies and for no other purporto unless otherwise specifically_ provided in this Dederation. No buildings or atruoturea not bows on the Site Plan shall be planed or constructed in the Common Area except for . ylbao airvin bum r arcs or and directional sib (es provided in Secdon 3.��:5 flaw), P ., �, ,bumper ... Pc Ia id pe, planted lighting st, . ""t , Ua�ity Facilities and sidewalks to the extent they do impede building Shopping Center, The Commons shall be t irrio a to �sii�'din in the Sh developed in with the Site Place and maintained as prodded fu rem The aitee aid isittaligenierib of the Common Area in'iiprov eirnents ncown on the She Plan, Winding, without limit tion, sere drives and parking striping, traffic direetionu arrows and signs, . . _.... $ the rims ►rate as, together With th d acre _,. ncreta� bunam�teriali� chanted without and hind n approval of neettaary the planting, shall not be P 41- i. .• ,r ! y i � r ri • i t ! Oct: ,, �� • � ' .S Fr ,i' • i. 1 i + + �..� 1 ..i • °land= shat e certain • as the ,mapv to 12.17. ismiallysinatigna. Nothing', cony prevent or prohibit the Comers from entering into seem provisions of this Z le ation. As between than rhea to epa te deelaradon tall control. A between thr, Owners declaration, this Declaration shall control. 12.1& hitvaindiaufgagigatigin. In the ev.nt any Owns . r Occupant is composed of more than one Person, the obligations amid Persons M Caner or Occtriant hereunder shall be John and scaral. 12.19 iitIll:MCIVTAbliftlawalgrirmall The undersigned Declarants, '.ror themselves and their respective heirs,, suceewors and assigns (including without lin itaelon Wareanau) acknowledge and awe that their respective obligations under the Warman Purchase Agreement awed the PEUMART Ponchos@ Agreement are independent of the Restrictions contaaned herein, shall not be merged, superseded or amended hereby, and shall swim the execution, delivery. :d recording of this Declaration in their erdrety. N WITNESS WHEREOF', the parties hereto have executed this Cross- Declaration as of the day and year rust above written. SUPERVALU HOLDINGS, INC., an Ohio corporation • BY By VID L BOEHMN Ilc)Its VICE Pfl£g - Its PETS 'T°', Inc., a Delawate corporation rilialefasiesriaimiewmacironsil Samuel Parker Chairman of the Board and Chief Zieettlive Miter ilhael S. anon Vice-President of Real Estate oututunui STATE OF UJACCIFte s. COUNTY _Penman)/ came before 'me thisll day of Uptedapan.-0 199, 31,122„42iitesident of SUPERVALIJ HOLDINGS, .NC, a radon duly organized and ads' tins under and by virtue of the laws of the State of SIbb. tutd me hewn to be the person who executed the foregoin tnanent„ and Iv me known to be iamb IthAfgaraailat— of each corporation and acknowledged that he execeted the foregoing instrument as such officer al the act of said corporation, by ii. authority. STATE OF ARIZONA COUNTY OF MARICOPA The foregoing i : ii o-fr 199 tive Officer of rrsw ) ast 0 if% strument was acknowledged before me this j day of by Samuel Parker a Chairman of the Board and Chief T, Inc, a Delaware corporation, on behalf of PETsMAR'T. ry Public STATE OP ARIZONA OF MARICOPA in i °bment was acknowledge before me t day of The foregoing I b Michael S J n �Vt - $ iflt of PEE T@ eW corporation, on behalf of the PETsMART. My Oonn.nission expires: mi canditto wigs Va. as, nit G +• ma A STIOPPHNG CENTER LEGAL DESCRIPTION • A PORTION OP THE SOUS HISAST QUPATER OP SECTION 36, TOWNSHIP 1 SOUTH, V ANO®1 Wnsr, W.1A.. WA3141tIOTOt4 COUNTY. OREGON. 8MD PORTION nEIN4a MORS PARTICULAR DESCRIBED AS FOLLOWS: BROIEIHINO AT A POINT ON THE EAST LINE OF SAID PARCEL I. IN TIIAT CUR ram BARGAIN AND SALE ,DEED TO 3UFERVALU HOLDINGS, INC. AND AECORDED AS DOCUMENT NiO. 93003638, DEED RECORDS OF SAID COUN'6'Y, WHICH POINT BEARS SOUTH 00'02'16' EAST 192.20 FEET FROM TKB NORTHEAST CORNER THEREOF. SAID POINT OF BEGINNING ALSO BEARS NOnTH 03°04'11 WEST 975.53 FEET FROM THE WASHINGTON COUNTY MONUMBN'T AT TU B ZOO QUARTER CORNER OF SAID SECTION 36..AND RUNNING THENCE NORTH 16 °45'246° WE$' 21.07 FEET TO THE CENTER OF RED ROCK' CREEK; THONGS Iii THE CENTER OF SAID CREEK SOUTH 58' 43'05° WEST 5.76 PEET, 5O1.1111 04 °12'11° WEST 34.50 °„ i0', SOUTH 31°41112° WEST 44.29 FEET, SOU`G'H 13033112' BAST 19.63 lEBT, SOUTH 36 °50141° WEST 61.43 FEET. SOUTH 79'47'53° WEST 31.95 FEET, SOUTH 24 °38'14" WEST 51.39 FEET, SOUTH 71° 42.53° WEST 25A5 FEET, SOUTH 1392'08° UST 56.70 FEET, SOUTII 26.18'07' WEST 28.27 FEAT. SOUTH 56 °03'24° WEST 32.37 FOTO $O JTH 24 °3915° WEST 27.15 FEET.. ° a � 98'5!!'3,5° WET 2313 PUT . SOUTH 07644.38° WEST 14.97 71°08'07° . UT 166043°030 WH5T 12.43 T, SOUTH ir3S°3 WEST 13.118 FEET, 'J FEET, SOUTH 30 °38'98° WEST 30.30 FEET, SOUTH 04° 36 13° ET 19.89 FEET. SOUTH 6395414' weft 11.35 FUUT, SOUTH 40 °04'35° WEST 46.37 FEET, SOUTH 04 °35'05° EAST 74.76 F11ET° SOUTH 87 "93'443° WEST 15.38 FLEET, SOUTH 32 °29'24" WEST 35.45 FBEI1, 330UT68 711041'09° WEST 16.27 !11 (, SOUTH 55° 41'21° WEST 56.27 FEET,. 3OUT13 10°32'11° WEST 15.32 ' UT.'SOUTII 62 627130• WEST 39.33 FEET, SOUTH 19 °21'41 WBST 7.'2 PET, NORTH 87'5442' WEST 17.36 FEET, SOUTH 03•24°3r ° WEST 34.13 PEAT, SOUTH 31.12152" WEST 33.47 FINE' AND SOUTH ' ° ° D PARCEL !I do °02'49° Wns °r 43.16 FEET TO A POINT ON ms WEST LINE OP SAIp WEST 32.55 THENCE ALONG THE BOUNDARY' OF IAID FARM 1. SOuni 00"13'48° P ET AND SOUTII 83°52'11' MAST 53'334 rTI 7 rEENCE SOUTH 0996'25` EAST 168.22 FEET; THENCE SOUTH 74 °0019° BAST 371.13 FEET; THENCE 117.99 FEET ALONG THE ARC OP A 465.00 RAD1U0 CURVB TO THe !Art: (THE LOl1O CHC".L OF WHICH ICH BEARS SOUTH $1°17'016 SAS'T 11747 Farm THENcT4 60UTH 88 °33'09° LAST • 170.04 FEET TO A Ej A33 CAP AT TM MOLE POINT OF ',ma IIAS`1' LINE OF THE GEORGP 72n® AVENUE (COUNTY ROAD 0 245), THENCI ALONG SAID CENTERLINE E RICHARDSON D.L.C. NO. 33 AND TM ANGLE POINT IN THE C E TERL11N1 ° ' •, CORNER ON TOWER TRACT NORTH 01'43156°' 114 HOOK 238, AGE 419, NO DS O SAID COUNTY; TIIEPJCE NORTH 116•4514" WEST 129.441$0R"i' PO`•PiT OF BEGINNING. CONTAINING 22:04 ACRES (GROSS). NICRF,, OR LESS. RIGHTS . _.. . E PUBLIC TO ANY PORTION g YINO WITHI'1 S W. 51JB11~C"I' TO THE OF T�1 72itd AVENUE (COUNTY ROAD N0,145) OVIVOCNSAA ed4 1 9 46. ..w,ri.ee ir, P mal•W•••.......1.1..... .• ,4■9}•?., •••0.1••4•#,..eft ? *c..,,,,,,,; 0 , • • .,,„„,;,. .„,..;,......, i moo , , , P 1...... lag... • ... I:o 11•10.oll i ••••••••••• ,,,,, •••'••'!.' 1 OcAoloki " • '' ' kosio , 0 , I ■9■4', ' ' ' fo. li 0 • • 4.0 , , 1 '41111-14 . i', , 1 .111.1.1,',120- V .. , .,..,....\e“..??..! 111012.111,16M12 oto P imotail Pick. , ■ Naribip 41 LL FLIP v,,,.,,,,,....., ...,...,, ,,,, , ... :)fi;;7,,;.i.:1,-....7.-..,::,, 'irl 0. III - • ' • i / 'i0 ti:04. 'A.. , , • 1 71.1 io Waiwo . =moo •01 fietqlin • •,..,:c .. . . S; `''''' T PlOit r', 41: .. •, ., 0 4 ,A• kopp pawl - . , :Ff rf°•,‘”, P RPIR , '' '''' '''' : ' '4 .444,' \'' ■ :...0■91!‘.: ''' 'N' S : '''' S ''' 1 I ,\I •g ..,.• 00 , :1 TO '• 11•1111 .46 •••••■ Me .4 •••••••• .IMINt MAIM 1111•17 1;1111WH:11 I 01. IMMO IIMMIO ii001!:ft:,9•011/1111;i1:1,H;U i•••• I • 1,,tlf*, * ..... , / ware ..• „„,1:11,..s.,.;:,,,,:l 1 I ,, 1 ' 1.'/Oi...1..Lii4111 1 A i og 1 ....,.......=............ ...,_ ,.: =7::*7"?.............................= .."." "."' "'".=.....=1............ . . . . .. . — ..-- '4■1_441"41. ■•.• r y,. I' '0( • • • T..% • UWE OF OREGON county of Vitahtngton &*TyR ttlav gtr. itaaosesnanti god Tiut.,n Mf x iIIo 0q pthei vaVtiacati " ^ A COUntio b gefttili that tha irtabijmont :rtite 7tIceliie4 mostdad in bottit of *COWS Of oak, Rit.tiOt„ EP) I, p=4Viittall*ni )1° Officio , 4*. boo i 03061054,1 ftecti 109033 446,60 10/61,1003 10:40:64A1 1S136DC-00200 0 • • 0 • • • • • t • • • • • • THOMAS, ALFRED B AND JUNE R 7135 SW BAYLOR TIGARD 1S136DC-00301 OR 97223 BUEHLER, JAMES D & MELISSA S 7175 SW BAYLOR ST TIGARD OR 97223 18136DC-o00500 TOM MOYER THEATRES 703 BROADWAY SUITE 605 VANCOUVER WA 98660 1S136DC-02600 SCHULTZ, MARK E AND LAURA K 7010 SW BAYLOR 'ST TIGARD OR 97223 1S136DC-03000 HORNE, WILLIAM 1/ROBBIE L 7160 SW BAYLOR TIGARD 1S136DC-,03200 FEGLES, MARY A 11720 SW 72ND TIGARD OR 97223 OR 97223 1S136DC-.03400 .......... 63636.636e MAHON, HUGH S ANNA BELLE 11780 8W 72ND PORTLAND OR 97223 1S136DC-03501 CONNET, JANE AND JOHN R 8416 SW 57TH AVE PORTLAND OR 97219 1S136DC'-04000 .44i 4.463433336.0034 PHILPOTT, PHYLLIS L 7140 SW CLINTON ST TIGARD OR 97223 1S136DC -00300 411/.. . . .. ............... WOZNIAK, JOHN G 11550 SW 72ND AVE TIGARD OR 97223 1S136DC-00400 ............ . ........ CHASE, WILLIAM L VIOLET 11580 SW 72ND AVE TIGARD OR 97223 1S136DC.,02500 SUPERVALU HOLDINGS INC ATTN: TAX DEPT PO BOX 990 MINNEAPOLIS 15136DC-02900 KOCH, ROBERT J 7130 SW BAYLOR ST TIGARD MN 55440 1S136DC-.03100 6 AMACHER, JUANITA AND BRIEN, KENNETH G 11680 SW 72ND AVE TIGARD OR 97223 OR 97223 18136DC-03300 ..................... NOBLE, THOMAS L LAARIE P 11750 SW 72ND TIGARD OR 97223 1S136DC-403500 .4 WINKLER, ROBERT G LOUELLA D 11745 8W 70TH TIGARD 18136DC,,03508 PETERS, ARDEN L 7135 SW CLINTON ST TIGARD 366300310063.30363 OR 97223 OR 97223 18136DC..04100 3666644 6 6 '6 6 q • LEWIS, LYNN C MARY C 11860 SW 72ND AVE TIGARD OR 01221 18136DC-04200 44.4. 4'036 330.631330 $3 LEWIS, LYNN d MA RY c 11860 SW 72ND AVE TIGARD OR 97223 1S136DC-04300 .....4...........o4.. ANDERSON, RAY D & MARYLIN G % KROO, STEVEN 11930 SW 72Mb AVE TIGARD OR 97223 1S136DC- 04402 •o•••••0 ••0 00.00 HNDGEPETH, LOUISE AGNES 119'3 SW 72ND AVENUE TIGARD OR 97223 25101AB -00100 �e•aoss0s «e•oeos•ee•+ POLLOCK, DONALD E /JULIA GAIL 1834 SW 58TH #202 PORTLAND OR 97221 2S1O1AB -00101 e0••00•ea0•oeaeu0000e CAMPBELL, DAVID A AND VIRGINIA I"; S 811 MEADOW COLFAX WA 99111 1S136CD- 01501 OOs.•aeoe000u0••e0••o. QAYUM, ABDUL AND I SMAT 18245 RIVER EDGE CT LAKE OSWEGO OR 97034 1S136CD -01600 o00•eo .............. QAYUM, ABDUL AND ISMAT 18245 RIVER EDGE CT LAKE OSWEGO OR 97034 1S136CD -01601 .600..• 0.00.0.• ♦• DOUGHTY, J PAUL AND LILLI 10150 SW CANYON'RD BEAVERTON OR 97005 1S136CD -02000 0 .. 000.000ae0.00 SUPERVALU HOLDINGS Iii ATTN: TAX DEPT PO BOX 990 MINNEAPOLIS MN 55440 281018A-0(.1101 MARTIN, GORDON S ET AL MART 'N, GORDON RICHARD 12265 SW 72ND AVE TIGARD OR 97223 2S101BAM -)0300 000000 000•+0••00000 MARTIN, GORDON S ET AL % MARTIN, CORDON R 12265 SW 72ND TIGARD OR 97223 2S1O1BA-00100 0000 «« •• •••e•oeeso MARTIN, GORDON R 12265 SW 72ND AVE TIGARD OR 97223 a N TO: ANTEELJOLOmmENTs Al 0444 DATE: S FROM: Tigard Planning Department RE: MINOR LWILET=1.0.....4..U. 94 -0020 WARM:An/MU Northwest corner of the intersection of SW 72nd AG-Tia—r—idSW-115-iitntouth Street (WCTM 1S1 36DC, tax lot 2500). A request for a Minor Land Partition approval to divide one parcel of approximately 689,772 square feet into two parcels of approximately 629,353 and 60,420 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.62, 18.162.040, 18.162.050, and 18.164. ZONE: C-G (General Commercial) The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, and eating and drinking establishments among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered in the proposal in the near future. If you wish to comment on this application, we need your comments by Oct. 31, 1994. You may use the space provided below or attach a separate letter to return your comments. ,IlLyzi are unable to resQ01,Lky,111.1Lakm.L.,215112,. please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Will D'andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We ha/e reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Commente: wommillom NO.M0 of PerSon commetitingt .• Pphone NUMber, • iissos....iinewn....eura........riersodi.sie,..■..m•usiiiiti Adianalosaira...a.rimaamannamaantoonamemitilaii NOTIFICATION LIST FOR ALL APPLICATION S fe CYT (2) copies 2. CITY DEPARTMENTS 'ilding Official /Dave S. City Recorder -1- — Ennprf,neering /Michael A. Permita Facilitator /Jerree G. 3. SPECIAL DxsiAims Fire District ----(pick-up box) Tigard Water Department 8777 SW Burnham St. Tigard, OR 97223 - ''7�uelmtin Valley Water District PO Box 745 Beaverton, OR 97075 4. AFFECTED JURISDICTIONS Wash. Co. Land Use & Tranap. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis ▪ Kevin Martin ▪ Like Borreeon ▪ Scott King ---- Fred Eberle City of Beaverton ---dim Hendryx - Principal Planner PO Box 4755 Beaverton, OR 97076 City of Ring City .e.— City Manager 15300 SW 116th King City, OR 97224 City of Lake Oswego City Manager 380 SW A Lake Oswego, OR 97034 State Highway Division Sam Hunaidi PO ]sox 25412 Portland, OR 97225 -0412 SPECIAL AGENCIES General Telephone Engineering Office 1?0 Box 23416 Tigard, OR 97281 -3416 NW Natural Gas Scott Palmer 220 NW Second Ave. Portland, OR 97209 TCI Cablevision of Oregon Linda Peterson 3500 SW Bona St, . Portland, OR 97201 ColUmbia Cable 14200 SW Brigadoon Ck Stone) Beaverton, OR 970ost • 6. STATE AGENCIES Aeronautics Did. (ODOT) Division of State Lands --`-- Commerce Dept - M,H. Pare — Fish & Wildlife PUO ----- Dept. of Enve on. Quality 7. FEDERAL AGENCIES Corps of Engineers Post Office CPO NO. Parks & Recreation Board Police Fief Oporationa Long Range Planning /Carol 441-14 fled Sewerage Agency /SWM Program 155 N. First St. Hillsboro. OR 97124 Boundary Cemmisaion 800 NE Oregon St. 016 Suite 540 Portland, OR 97222 -2109 METRO - GREENSPACF.:1i PROGRAM Mel Huie (CPA's;ZOA's) 600 NE Grand Portland, OR 97232 -2736 DLCD (CPA's /2OA'a) 1175 Court St. NE Salem, OR 97310 -0590 Other City of Durham City Manager PO Box 23483 -3483 Tigard, OR 97224 City of Portland Planning Director 1120 SW 5th Portland, OR 97204 ODOT Laurier Nicholson 9002 SE McLoughlin Blvd. Milwaukie, OR 97222 City of Tualatin PO Box 369 Tualatin, OR 97062 Portland General Elec. Brian Moore 14655 SW Old Scholls Fry. Beaverton, OR 47007 Metro Area Communications °° Jason Hewitt Twin Oeka Technology Center 1815 NW 169th Place ,S-6020 Beaverton, OR 97006 -4886 US West Pet° Nelson 421 SW Oak St. Portland, OP 97204 Tri -Met Transit Dev. Kim Itnox 710 NE Holladay St, Portland, OR 97232 DOGA141 OTHER OTHER Southern Pacific Trsztatlon Cbmpany` Dane e M. Forney, PLS Project Eagineer. 800 NW 6th Avenuo,, a, 32 4, onion Station Portland: OR 97209 [Page Too Large for OCR Processing]