SDR8-80 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PLEASE NOTE: The original paper record has been archived and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.
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MACKENZIE/SAITO ez, ASSOCIATES, P.C.
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RECORD OF TELEPHONE CONVERSATION
JOB, m C A di 2,. JOB N O
DATE 5 '2.5 fn TIME [t - o INCOMING CAI,.L
• .PERSON .�.4`Z- I P..a,�"'tnq OUTGOING CALL ar
COMPANY b 1 t`°{ PHONE NO, l r9m9",�l
SUBJECT �I�a f Pt. ,r)1,36 G 1 H t 3 54-
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REMARKS :...E S r'rt v e- cwt"S �.::.�` �,,,95 •ir
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ARCHITECTS`-•t�
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S gnatur ENG N�Er�;~
PLANNERS
0590 S.W, 13ANCROC T ST dEE`r''' a PotRTLANO, OREGON 97201 e,: PI-4ON; 508/224 570
MACKENZIE EI 1 T T�E T�1Y° INCORPORATED
RECEIVED
U G 2 O 1,98
RECORD OF TELEPHONE CONVERSATION CITY' OF OT
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JOB Y. JOB NO. .
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DATE TIME 1NCUMING CALL 0
PERSON t OUTGOING CALL 0
COMPANY PHONE NO. ''''
SUBJECT. 4� ° G.>✓ '' �„�__. -
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REMARKS A ,/ "'' '
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Signature
05C.<O.S V� ��CR7=T
STREET F'OItTLANt7, OREGOt'v e PHONE 503/ 24;9550
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CENTER- TIGARD
January 21, 1981.
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;: Aldie Howard
Planning Director
y' City of Tigard
P.O. Box 23397
Tigard, Oregon 97223
_ Re: Koll Business Center-Tigard SD -
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Dear Aldie:
It was decided in our meeting of January 8, 1981 that the
gravel around our proposed Building A on our approved PD
drawings would be installed when Building A is built.
(see attached sketch. ) The remaining path area will be
installed as part of our Phase I approved drawings.
Very truly yours,
THE KOLL COMPANY
Sonna Durdel
Vice President/General Manager
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10110 SW. Nfrnlbus Avenue d�'I,b.11 Portland • Ore0on 97228 4(508)684.0510
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()re9On landfccar4e ma i ntenance
September 16, 198E
R
Mr, Aldie Howard
City of Tigard
12420 S. Z,, Main
r Tigard, Oregon 97223
Dear Mr. Howard: '.;
r, nncioned is a proposal from Metro-West Oil, Inc. to install one 1,000-
,,1. gallon and one 2,000-gal/on underground tanks a .d _pun sR These will
be used by Oregon Landscape Maintenance only for company vehicles.
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, The< property is located on the hack acreage of the Koll Tigard Project_ i'
• which we are using as a nursery holding ground
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' Kolli and the Tualatin Fire District have given us approval for the
installation on and use of the tanks and pump in this area if it meets
with your approval
Please let me know if 1 can answer any questions.
Thank you for your time
• S i .cercly
'1/4......----'-: :,,,,,,,e',...? ti
fichai ca D. �,'akermaas:1
President ,
Oregon Landscape Maintenance
RDA:lc
Enclosure
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Approved by Aldie Howa
City Of Tigard ,.,� ""' "
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t tIrrut dr.1,5Idg.24•becsivo4atot)t Oregon 01005
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(503)644-8408 .
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" ' Chevron 7 Distributor Ohevrd,n Oil Products
of, Dayton Tires r
Aratmor Plato t3attot'ies
Hastings Filters
ETRO..WEST Oft INC
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^ MAIN OFFICE
Radio alspatch�d
h,o, Box 6440601 Baseline P.O. Box 450°603 W.Main
Cornelius,OR 97113 Molalla,OR 97038
648.0527 829.5441
Art l.uokelt Jr„Pros/do/It 1.800.452.0643 1.800.452.5471' Paul Stamm, Vico Prosldorit
JCick Stafloid,Sr Vico President Floyd Vice President
Ed Stafford,Vlce President Dianne l.uckalt,Sec.rreas.
September 2 , 1980
Oregon Landscape Maintenance
7841 S.W. Cirrus Circle
Beaverton, OR 97005
Gentlemen:
' F We propose the following for your consideration:
1. Excavation to install one 1 ,000 gallon underground tank
and one 2,000 gal lon underground tank including backf i lJ.
with sand and rock up to concrete base elevation.
Labor and Material - $ 696.00
1, 000 Gallon lon Tank - 429.00
2 ,000 Gallon Tank - 776.00
2. To install 3' x 6' Concrete island for Iwo pumps and reinforced
concrete pad over the tank area.
Labor and Material $ 420. 00 , ,,L1
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' 3. Customer to supply all electrical service and hookup to pumps.
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' 4. Metro-West Oil to furnish the pipe and fittings to plumb the,
tanks.
Labor and Material
- $ 350.00
5. Metro-West Oil Company to install two Tokheim Model #1526 pumps
at $600.00 each $1,200. 00
TOTAL COST OF INSTALLATION TO CUSTOMER,: $3,871.00
Additional costs to the customer may be incurred due ±o unforseen
conditions such as roclk, water, underground utilities, etc.
Continued '
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PLANTS: col1148LIUSoMALALLA,Mcl'ViINNVIL,LEoNEWBE iC
• Nnct I�rlatl�Nar1i� P'opk & Eastern tfflaniar�k
S�rulr� • '1141`as�rlrl tots®Cia�k�rnas��Pmmil�lle �
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Oregon Landscape Maintenance i.
4 Page
September 2, 1980
The customer agrees to indemnify, defend and hold us, our agents and
employees free and harmless from and against all expenses , liability i ,
and claims for damage to Property (including your proper .
g Property) and injury
to or death of persons (including yourself', your agents and employees)
directly arising out of or in any way connected with the' maintenance
or use of said equipment by you.,
ACCEPTED AND AGREED TO 7,
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Date METRQ-WEST OIL, INC,
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STAFF REPORT
• •..• . SITE DESIGN REVIEW
May 13, 1980 � �f.7
City of Tigard / Jy
12420 SW Main Street
Beelfrc
x,041
• . ON ° .
► DOCKE=T: SITE DESIGN REVIEW, SDR 8-80 PHASE II -- TOLL BUSINESS CENTER
OFFICE BUILDING NPO #7
APPLICANT: Del Zander OWNER: Same
8253 SW Cirrus Drive
4 Beaverton, Oregon 97005 y
. , APPLICATION DATE: May 5, 1980
REQUEST: Site Design Review of Koll Business Center, Phase II - Building A -^
Office Bui .ding.
, „, LOCATION: South of Scholls Ferry Road, west of Southern Pacific Railroad 4: r
(Wash. Co. Tax Map 1S1 34AA, Tax Lots 100, 190,and 200 - Lots
:. I are being recorded through Washington County as Lot 2, Koll
Business Center, Tigard) . ,
PREVIOUS ACTION: See Exhibit "A", Staff Report for Phase I SDR 8--80
SITE PLAN AND DESIGN REVIEW:
The applicant is proposing to construct a 32,000 square foot, two (2) story •
. office building in conjunction with the eleven (11) building warehouse
complex off Scholls Ferry Road.
STAFF RECOMMENDATION
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Staff recommends approval of Phase II Office buildin g as
Submitted. The Conditions ,
outlined in SD R $-80 (Exhibit "A" a tt ac he d) Phase I
shall be met as appropriate •
to at development takes place.
No changes will be made to approved plans or specifications unless formal
application is made to the appropriate City department and changes are approved ,,til '"''�
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by that department. Application for changes will be made in writing and shall
nci - aPP ` able drawings.
if�tYyA
narlg Director i 4 ,•
NO ► ; This acknowledgement must be signed and returned to the City of Tigard,
Planning Department. Failure to return this acknowledgement will result in •
- g
_ _ issuance Building Permits
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no further action on t-hx5 project ws.t�. re arils to a.ssuance of Buxldi g
or engineering appLoal,
. /4-8o
Signat> . DATE
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a' `► `� STAFF REPORT
FINAL ACTION
TIGARD, PLANNING DEPARTMENT
- 12420 SW Main Street
April 4
Ap 4, 1980
►D4'�.DT
SITE DESIGN REVIEW, SDR 8=-80 (Koll Business Center). ti"PQ #7 1
APPLICANT: Del Zander OWNER: 5�"E
8253 SW Cirrus Drive
Beaverton, Oregon 97005
APPLICATION
DATE: March 25, 1980
a .
SITE
LOCATION: South of Scholis Ferry Road, west of southern Pacific Railroad
(wash. Co., Tax Map 1S1 34AA, Tax Lots 100 19Q and 2QQ - Lots are
C t o p s
being recorded thorugh Washington County as Lot 2, Foil Business
Center, Tigardl
REQUEST: site Plan and Design Review for Koll Business Center, Tigard
PREVIOUS ACTION:
REFERENCE: ZONE CHANGE, ZC 23-78; ZONE CHANGE, ZC 26-78- CONDITIONAL USE
CU 33.78 ' SUBDIVISION, S 11-79
SITE PLAN AND DESIGN REVIEW
The applicant is proposing to construct eleven C.11) buildings in an approved M- ` s
"Industrial Park" Zone under a Planned Development District designation, Conditional
Uses are allowed as evidenced in application's.narrative section IV, Page 40,
' This application " ` o i
9 �, r Site Design fulfills Condition ,�5 of Zone Change, ZC ;�6-�7$ a
Review -Condition#9 of Zone Changer ZC 26-78 has been satisfied.
STAFF RECOMMENDATION
Staff recd .rends approval of this Site Design Review application with, the following
conditions:
1. Traffic signal installation agreement be ap roved by all parties.
signal 9 .�'P .� parts
2. Sublease - Greenway - r'loodplain agreementbe approved by all parties.
3. Applicant to apply for Zoning Ordinance Amendment if additional uses are
desired in, the future which have not been granted to date on this project.
4. Plan to boy approved + " ire Marshall,
this record
bar Washington Cnta.nty District Number One F
Letter of approval to be Made as part of th
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STAFF REPORT
FINAL ACTION
` DEPARTMENT
. '1'�Gr:�.:D PLANNING DEPA.rZ
SDR 8-80 (Koll Bus Center)
April 40 1980
Page '2
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G. �7a Occupancy Per
zits shall be issued until, all conditions place
d upon ' r,:
this dve1oprnent by the City of Tigard have been satisfied and inspections .
verifying this have .b^en. carried out by the appropriate department,
d 7 No minor -land partitions shall be
a d in rtproject
,1 a f,., a .p i n is made totheCi ty of TigadPlarnirgDepart-
ment and the minor land partition is approved and recorded:
8. No changes, will be made to app,oved plans or specifications unless for 3. ,
F
application n is made to the appropriate City department and changes are
approved by that department. Application for changes will be made in
writing and shall include applicable drawings,
9, rading plans and construction plans on all public right-of-ways shall be submitted
and approved by the Public Works Director prior to commencement of work.
" 10. Public water service and sanitary service shall be installed'to this
!
site prior to the issuance of a Building Permit.
ll. All existing or proposed utilities shall be placed underground. Street
existing P,
g g ppr the Public Works Director.
lighting installations shall be a *-Dyed by tlh
12. No Building Pe. 't shall be issued until the expiration of the twenty day
appeal period from the date Of approval.
13. Improvements may be bonded prior to issuance of Building Permits.
4. That street imp rove constructed the Public Works ,'
r�.ents be corns�.r'ucted tQ the approval of
it Director prior to the recording of the final plat or issuance of a Building
}/ permit
1 'd
, Prc;pated b, .ate. t 1^CZ
arming
D sect°
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S'I'AM' + NO'T'E
personal note of appreciation to Scnna Durdell of Koll and Vick Saito of
McKenzie - Thanks for being so co-P erati've. If I can help you in any way
• just ask,
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ATTACHMENT
STAFF REPORT STIR 8-80 (Koll Business Center) April 4, 1980
NQTE: This acknowledgement must be signed and returned to the City of Tigard,
Planning Department. Failure to return this acknowledgement will
, '' result in no further action on this project w..th regards to issuance
of Building Permits or engineering approval
, 4, 14. do
Signature (Co pct Person) Da:e
• s Action of the Planning Director is final unless notification of appeal to
the Planning Commission is filed with the City Recorder within twenty (20)
days of the Planning Director's action.
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2) -
SUB-LEASE GREENWAY FLOOD PLAIN'
Sub--Lease made this' d�„ of )/7/iCv�,---,.
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19 d. , between KOLL/INTERE.A.L NORTHWEST a California E.;feral
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partnership, 272' - 152nd Ave. , N.E. , Redmond, Washington 98052,
a 3. hereinafter called "Lessee" , and CITY OF TIGARD, a municipal •
corporation, Tigard, Oregon, hrreinafter called "Sub-Lessee"g .,
L TALS e
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(1) Lessee has leased property from William R. and
.�,. Constance A. Robinson and Chester C. and Evelyn Robinson n Z R
k, l
(hereinafter called "Lessor") within the City of Tigard upon
which it intends to build an industrial park.
(2) Sub-Lessee has required that Lessee dedicate by
p
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, leasehold interest to Sub-Lessee property,certain ro erty, more
specifically described in Exhibit "A" hereto and by this reference
incorporated herein as greenway open space.
(3) The parties desire to enter into a sub-lease
agreement defining all rights, duties and liabilities of the
• parties.
(4) Lessee has a long-term lease on said property;_
the initial term of which shall be for a period of 99 years,
commencing May 19, 1978 and ending on the 99th anniversary of
that date.
y- (5) Lessee, in its sole discretion, shall have the
option of extending the term of said lease for two consecutive'
additional periods of 25 years each.
(5) Sub-Lessee shall have the option ref extending
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the term of this sub-lease for two consecutive additional periods
of 25 years each if Lessee exercises the option set forth in (5)
above
(7) If Lessee exercises, its option under its lease
to purchase the property from Lessor. Sub-Lessee, shall become a ,
' lessee and the terms of this sub-lease shall remain the same fol-
lowing the change of Sub-Lessee' s status to that of a lessee.
2
Any ambiguities created by such a change in status shall be con-
of carrying gout the intention and purpose of this
st��ecl in favor n
:: sub-lease.
IN CONSIDERATION of the mutual covenants contained
herein, the parties agree as follows:
SECTION 1 - DESCRIPTION OF PREMISES:
The premises which shall be the subject of this sub-
lease are described in Exhibit "A" . This description consists
of property presently designated as flood plain by the City of.
Tigard. In the event of reduction in the size of said flood
plaint that portion of property no longer falling within the
flood plain designation shall revert to Lessee' s sole control.
In no manner, form or process shall this description be used as ,
the controlling factor restrict the construction, modification th c �,
or operation of Lessee' s industrial park and related d businesses.
ECTION 2 - PtmPOSt OF SUB-LEASE
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The premises demised under this sub lease: are to be
y open sate and reenwa in conjun
used b Sub Lessee as o e p g y
ction
with its open space and greenway. policies and procedures. Sib-
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Lessee shall not use the premises for any other purpose than as
a greenway open space facility. Sub-Lessee shall not directly
�ted an stru ctures
or indirectly cause or allow to be constructed y
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or facilities on the premises without obtaining prior written
consent of Lessee. Said consent shall not be unreasonably
withheld or, delayed.
SECT2ON 3 -, TERM OF SUB-LEASE:
The term of this sub-lease shall be, for an initial
period of 99 years, commencing on May 19, 1978, and terminating
can the 99th year of said date's anniversar y unless sooner ter-
minated by breach of the terms and conditions of this agreement.
or as provided in subsequent sections hereof. Lessor concurs
that Sub-Lessee may possession o'
y .remain in poss of the premises for
the full term of the sub-lease, despite any change that may
occur in the status of Lessee or the lease between Lessee and
Lessor. The term of the sub-lease may be renewed provided
Lessee r p, g .exercises its 0 lion extending the term of its lease for
the two consecutive periods of 25 years each. If Lessee decides
not to exercise its right to extend the term of its le",se with
Lessor, Lessee shall notify Sub-Lessee that it will not be exec
.
cisin g its option. Said notice shall be given less than 120
day y s
Prior to the expiration of the original term'Or any rep
newal term of lease with Lessor.
SECTION 4 "' RENT;
Sub-Lessee shall pay to Lessee as basic rent an annt ,j,
9 sum equal to the annual taxes assessed on the property which is
3.
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the subject of this sublease.
SECTION 5 - PROTECTION OF LEASED PREMISES:
Sub-Lessee shall not use or suffer or' permit any
.s
• person to use the sub-leased premises or any portion for any
purpose in violation of any applicable law, ordinance or regu-
lation, subject, however, to Sub-Lessee' s right to contest the
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• • validity or applicability of any law, ordinance or regulation.
•1 Sub-Lessee shall not conduct or permit to be conducted any
public or private nuisance, shall not commit or `'suffer ;any
to on the sub-leased� ub-leased premises, and shall not use the sub--
..�.�
leased premises in a way unreasonably offensive to Lessee or
others. Sub-Lessee shall observe and abide by all conditions,
n covenants and obligations placed on Lessee under its long
term lease of the premises with Lessor. Sub-Lessee shall not
conduct itself or use the premises in a manner' which shall
cause or contribute to a violation breach or default of any
conditions covenant or obligation Lessee has in its long term
lease with Lessor.sari
SECTION 6 - POSSESSION:
Sub-Lessee shall have P ossession of the leased
premises as of the date first shown above:
SECTION 7 -• ASSESSMENTS.
M 4 ,
,,,4., A. During the term of this sub"lease Sub -Lessee
shall Pay before delinquent any assessmen is against the pr.. emi
ses
except that When any assessment is payable in installments, wub�
Lessee may elect to pay such asses
y �� ��' amerit5 in installments r in
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which case Sub-Lessee need only pay such installments of ,
principal and interest coming due during the term of this sub-
lease. If the assessment is payable in , Sub-
Lessee may make application therefor in Lessee' s name and as
Lessee' s attorney-in-fact. Sub-Lessee shall notify Lessee of
any assessments made against the premises and Sub-Lessee shall,
upon on demand furnished to Sub-Lessee, provide evidence of
p
ay -
men t of assessments or installments required to be paid by
Sub-Lessee.
B. Sub-Lessee shall Promptly pay all
assessments,
charges or obligations resultin g the from th improvement, widen
p Y Road Which the
zng or repair of that Portion_of Scholls Fern
sub-leased property fronts.
SECTION 8 - SUB-LESSEE'S ELECTION TO CONTEST
TAX OR ASSESSMENTS
Sub-Lessee may withhold payment of any taxes or
assessments if a good faith dispute exists as to the obliga-
tion to pay or the =.mount of the tax or assessment to be paid,
pro premises subject lien as a re--
provided that if the remise. are sub ect to a l�.
' salt of non-payment, Sub-Lessee shall, within 15 days after
p cash, a sufficient surety
the lien arrives, deposit with Lessee
bond, or other security reasonably satisfactory to Lessee in an
amount sufficient to discharge the lien plus pay any interest,
Penalties, costs, attorneys' fees or other charges es that could
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accrue as a result of foreclosure or sale.
8ECTION 9 UTILITIES
During the term, of this sub-lease, Sub-Lessee shall
a
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or cause to be aid before delinquent all char es for water,
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pay P q
sewage, gas, electricity, garbage disposal, and other utilities
and services supplied to or used on the premises, and Lessee and
the premises shall be protected and held harmless by Sub-Lessee.
'� SECTION 10 - CLAIMS & LIENS:
No Liens. Sub-Lessee shall not suffer or permit any
mechanic' s liens or other claims or demands arising from the
work of landscaping, development, construction, repair, restora-
tion or removal to be enforced against the Premises or any
` portion thereof, nor suffer or cause any other lien or encum- ,
brance other than the `lien of taxes and' assessments °imposed by
governmental authorities, and Sub -Lessee shall defend Lessee
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and hold the Lessee and the premises free and harmless from any
and all liabilities for any liens, claims or damages, together
with all interest, costs and expenses, s�:
n
C�..o..,.n test of Liens. Sub-Lessee may withhold thho ld payment
�_:,,
any may elect to contest any lien if a
of an claim or demand
or
ma
good. faith dispute exists as to the obligation to pay, pro-
vided, r
vded, that if the premises are subject to a lien and the lien
is not discharged within 15 days, Sub-Lessee shall deposit
+ b
with Lessee cash, a sufficient corporate surety bond or other
security reasonably satisfactory to Lessee in an suf
curt re ..
ficient to provide for the discharge of the lien Plus aI ny inter
est, costs, attorneys' fees or other charges that would 'accrue •
as a result of foreclosure or sale. Any contest over the
validity of a claim or demand in which the premises are not
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subject to a lien, Sub-Lessee shall, at its sole expense, de-
fend itself and Lessee and shall pay and satisfy any final
adverse judgment that may be rendered before enforcement of
' the judgment against Lessee or the premises, and Sub-Lessee
as an additional obligee under any suret y
shall name Lessee s g
bond furnished in the `'contest proceeding.
4
Notice of Construction. Sub-Lessee shall notify
in writing at least y p commencement of
•
Lessee in
writing t 1.5 da s Prior to the c.ommen
any' work on the premises, the `cost of which is to exceed
o e
$1)0,000, and the nature of such that a mechanic's lien might
be asserted on account of the performance of the work.
SECTION 11 - CONSTRUCTION & IMPROVEMENTS:
Construction of Improvements. Sub-Lessee may con-
- struct or cause to be constructed, with Lessee' s approval as
specified in Section 2 herein, such improvements on the premises
as Sub-Lessee decides to construct in conjunction with the use '
of the premises as greenway and/or open space. For purposes of
this sub-lease, "improvements"
shall include all buildings,
' structures facilities and other improvements placed on the
p remises and all landsca in , grading, earth moving and filling.
All improvements contrueted by or under Sub -Lessee en the
. premises shall be the property of Sub-Lessee until the expire-4
to earlier termination of this lease. Sub-Lessee shall ,
tion earlier
cause the `i improvements to be removed without Ir
the
not remove or u � m ed
express written consent of the Lessee.
Development of Leased Premises. Lessee. shall Cooper
f y j t
l 1
h
It' d
II (
,
tl
•
ate with Sub-Lessee in Sub-Lessee' s development of the property
for uses above stated by joining with Sub--Lessee in applying
' Y
for any permits or approvals necessary for the development of
Sub-Lessee° s greenway and/or open space.
repairs & Ia .nte During
. the term of this lease,
nan
c:e. Duran
.
N (ex ce p t as set forth in that Portion ion or this section entitled
"Lessee' s Maintenance Obligations") Sub-Lessee shall maintain
the premises and improvements in first-class condition, repair
and appearance, and shall perform all necessary repairs and
t 1 �
maintenance
,.b
p shall not be obligated
fie' airs, Alterations. Lessee shal
to make any repairs, alterations or additions of any kind to
the premises or improvements, whether structural or non-
s tructural ordinary or extraordinar y
foreseen or unforeseen
Any Sub-Lessee desires to make
�i alterations or additions which S
on the premises shall be made by Sub-Lessee at its P y own cost
and .expense.
Lessee' s ;Maintenance oh,ligat'ions b Lessee shall main-
g y presently exists for a
fain the xeenws in the condition i�.
period of 5 years from the date of this agreement or until
Sub-Lessee makes improvements thereon as provided in Section, 11
of this agreement, whichever occurs first: Said maintenance :. ••
shall be l .rrtited to mowing, cutting and removing of the grass
2 times per year, and using
p �' .' sing reasonable methods to control moS•- I
quito infestation and mosquito breeding grounds
SECTION 12 - LIABILITY TTJSURANC INDEMNITY
8.
I t
. I
•
• ("j („
Liability of Lessee. Lessee shall not he liable for
any loss, damage or injury to the person or property of anyone
occasioned by or arising out of any act, activity or omission
of Sub-Lessee or any one holding under sub-Lessee, the occu a.,_n-
cy or use of the premises or any portion by or under Sub-Lessee.
i or any state or condition the premises a n y portion.
{
Indemnity. Any provisions of this sub-lease to the
contrary notwithstanding and in respect to any insurance carried r`
by Sub Lessee for the benefit of` Lessee under the terms of this
lease, Sub-Lessee shall protect, indemnify and Lessee,
� � , Y hold
Lessor, and the premises harmless from any and all damages or
liabilities
bilites 'at any time occasioned by or arising out of any act,
activity or omission of Sub-Lessee or anyone holding ng under sub-
. Lessee, the occupancy or use of the premises or any portion by
or under Sub-Lessee
or any state or condition of the premises !;
or any portion.
SECTION 13 - ASSIGNMENT & SUB-LEASING
Assignment.nment. Sub-Lessee may not assign, sub-lease or
otherwise encumber or transfer this sub-lease to any other per- ,
son or entity without the prior written' consent of Lessee. In
the event such approval is given, Sub-Lessee shall remain liable
for the full of all` p� oovenants of Sub-lessee under
this agreement.
SECTION 14 -: TtRMINAT I ON
Upon
� d 1
Condition of Premises. the eX ira.t�.on or
earlier termination of this sub-lease r Sub-Lessee shall s nrrei ia
9:
>
1
W Z
der the premises to Lessee in first-class condition. De-
preciation and wear from ordinary use for the purposes for
which the premises were let need not be restored, but all re-
pair and maintenance for which Sub-Lessee is responsible shall
be completed to the latest practical date prior to surrender.
Holdover. Should Sub-Lessee fail to vacate the,
premises when required and such failure substantially inter-
g premises,fers with the rights of Lessee to the remises, Lessee' s
rights shall be as follows:
A. Sub-Lessee shall be treated as a month-to-
r
month tenant;
B. Lessee may elect to take legal action to eject
Sub-Lessee from the premises and to correct any damages caused
by Sub-Lessee' s wrongful holding over;
C. Nothing in this section shall be construed , to
give Sub-Lessee the right to hold over or to continue in pos-
session of the premises after the expiration of the term of
this sub-lease.
Quitclaim. Upon the expiration or earlier termina-
tion of this sub-lease, Sub-Lessee shall execute, acknowledge
rs
and deliver to Lessee within 5 days following written
demand
from Lessee any quitclaim deed or other document required by
any reputable title company to remove the cloud of this sub-
lease from the real
property subject td this sub-lease.
:Attorneys' Fees. In the event any proceeding is
g against p
brought by or � �. this b-
a a�nst Lessee to interpret, enforce th�.s su
leaser or recover possession of these premises' the Lessee
10:
•
•
•
shall be entitled to recover reasonable attorneys fees, to-
gether with costs and disbursements at all judicill levels,
including appeals, if Lessee prevails.
•
SECTION 15 - WAIVER:
A waiver by either party of a breach of any term,
covenant, condition or obligation of this sub-lease shall not
co,astitute w aaVer of a n y succeedin g breach or the
party' s s rights otherwise to demand strict compliance with the
same or any other term, covenant, condition or obligation.
SECTION 16 - LEASE BINDING UPON SUCCESSORS
AND ASSIGNS p
Subject to the limitations contained herein, this
sub-lease and each of its terms, covenants, conditions and ob-
ligations shall extend to, be binding upon and inure to the
l benefit of the successors and assigns of both'q of Lessee and Sub=-
Lessee. References in this lease to Lessor, Lessee or Sub-
Lessee shall ,include wherever a licabl,
pp e, their successors
and assigns.
SECTION 17 - INSPECTION
Lessee reserves the right for Lessee and any agents '
representatives tcS enter upon the remise any• P � premises at an. reason-
able time for the purpose of attending to LeSsees interests
. L
under this sub-lease and to inspect the premises:
SECTION 1.8 CONDITION off' .,EASED PREMISES
Sub-Lessee has inspected the premises and is aware
I '
of the condition and accepts the land` pursuant to this sub-
lease in its present condition
In no event shall Lessee be
r
11.
•
nx....u•.u.0 I.w..na,urr siu.un..0 ,.,.u:n i•. ,. ,,,..a,.. - ,„ ,,:., ..,_ ,::.,:,, ,,. ,I,,. „ ...... 1 .i., ,. ,. ..,. r
I ,1
n •
responsible to Sub-Lessee or any third party for the condition of
the premises, either as it is now or hereafter exists.-
SECTION 19 - GENDER:
Whenever the singular number is used in this sub-
Lease and when required by the context, it shall include the
p +. gender feminine and
plural, and the masculine ender shall include the f ems.
neuter genders, and the word "person" shall include any corpora-
tion, firm or association. If there are more than one sub-
lessee, the obligations imposed upon Sub-Lessee under this agree
ment shall be joint and several
SECTION 20 HEADINGS & TITLES:
Headings and titles to the sections and paragraphs
of this lease are included only for the convenience of the
parties and shall not have the effect of defining, diminishing
or enlarging the rights of the parties or affecting the -construc-
tion or interpretation of any part of this lease.
SECTION 21 - ENTIRE AGREEMENT d
This sub-lease contains the entire agreement of the
parties with p ect to the mat tee rs covered, and no other pre-
.
respect
vious agreement, statement or promise made by any party to this
r
lease which is not contained in this term shall not be binding
or valid.
SECTION 22 - ACKNOWLEDGEMENT BY LESSOR:
The foregoing sub-lease is made with the full know ledge and agreement of Lessor of the premises, and Lessor
; . all right to disapprove
accepts the sub-lease but.ase herein : retains
r I:
A'
•
•
•
• •
1 rl
any future sub-lease between Lessee and Sub-Lessee or between
Lessee and any other party.
IN WITNESS WHEREOF, the parties have executed this
sub-lease at �VC�-�.�.T SLJ 1 .
the day and year first above written.
KOLL/INTEREAL NORTHWEST, a
IS
California general partnership,
Lessee
. a
CITY OF TIGARD, a municipal
corporation, Sub-.Le ee
BY: a./ ! ».:• j I P� I.
LESSOR: ,
. •1 •.
.
0
sa.
• K
f ..,
•
•
rt 1
STATE Z'E OF OREGON )
S S s
County a f )
Personally a:: eared ' -a£I'C-1 `- � VI ..J ( "1r° .. 4
, r
of KOLL INTE1
REAL NORTHWEST
California general partnership, and acknowledged the foregoing
' - this
f
' Sub-Lease to be s voluntary act and deed oz�
t
I •
I ,
•
R'1 ' , •� X
•
• „s s
day of 1980. •
Nota'ry ,Public fare Oreg��5it
•
My commission expires e 1 ti t�j
STATE OF OREGON
• ss
County of Washington
Personally appeared Alan Mickelson
of CITY OF TIGARD, a municipal corpora-
tion, and acknowledged the foregoing Sub-Lease to be its volun-
t ary act and, dEed on this 28th, day of April ,
1980. ) ,
Notary Public for 0 egon
.. ,AA e
My commis�sinn expires d -4
S'T'ATE OF
County of „, . 1 ,- . , )
Personally appeared 'WILLIAM, R. ROBINSON' and CONST.ANCE
A. ROBINSON, and acknowledged the foregoing Sub-Lase to be
their voluntary act and deed on this day of
/ r x.980
+ -„ ? fr
• .'LIL L .� ,aT ' N.o' ry Public ft)r
144 commie ion expires
,* n
aY• a w
a fir Y/� ":iR `y�a”;.°.
rh�yr�r k .�YIL
1,4
,
�4 � I
, r. 1
•
a c
STATE OF
f ` c
•County o .1 y ,
Personally appeared CHESTER C. ROBINSON; and EVELYN
{
r
Z. ROBINSON, and acknowledged the foregoing S Sub-Lease to be I
their voluntar y act and deed on this � ' day of
--c 1980. G
{
ti
r ciNt
ciz.,L ..c,
Notary Public for c
. 1,-,1, A '
.,„.a My commission expires:a 1 308 ,
1 , %i1 Fk J .' •,, ": II
p' 1'11 s m
1
i 4
1
r
1
y
it
•
•
15.
i
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•
.i ... n.. A , .-_ ,_:.... .,J. .. .,a... .rte e i..-:. .wl.r. .. ra.. r _ • _ I.
FEBRUARY 8, 198 L„ �. w r
r
(.4„,
.. .
LEGAL DESCRIPTION FOR •
GREENWAY AREA
• A PARCEL OF LAND IN THE NORTHEAST 1/4 OF SECTION 34 , TOWN SHIP 1
SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, COUNTY OF WASHINGTON ,
STATE OF OR.:'GON MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING "
AT A STONE WHICH MARKS THE NORTHEAST CORNER OF SAID SEICTION 34 , _
THENCE SOUTH 0°22 ' 24" WEST ALONG THE SECTION LINE BETWEEN SAID
SECTION 34 AND SECTION 35 , BEING 931 . S5 FEET TO A
• OF THAT LAND MORE PARTICULARLY DESCRIBED TINEBOOK ,
THE NORTHEAST CORNER
: 510 PAGE 110 IN SAID WASHINGTON COUNTY DEED RECORDS, THENCE NORTH
89°52 ' 50" WEST 231 . 83 FEET TO A POINT, SAID POINT BEING THE TRUE
POINT OF BEGINNING, THENCE NORTH '89°52 ' SO" WEST 236 , 67
POINT ON THE EASTERLY
" ' A IN ING �'HEN�E CONTrLTNEG;OF "BLACK BULL" , A DULY RECORDED
FEET TO
PLAT IN WASHINGTON COUNTY PLATrREOORDS, THENCE NORTH 0° 22 ' 24" WEST
10 . 45 FEET TO A POINT, THENCE NORTH 83° 38 ' 25" WEST 43 . 24 O A
POINT, THENCE N ORTH 0° 19 ' 12" WEST 145 . 94 FEET TO A POINT, THENCE
•.
NORTH 4553 ' 43'? WEST 329 . 12 FEET TO A POINT, THENCE NORTH 61°44 ' 18"
WEST 28 . 58 FEET TO A POINT, '
THENCE NORTH 10°36 11" WEST 109 . 04 FEET
1
TO A POINT, THENCE NORTH 04°26 ' 48" WEST 170 . 86 FEET TO A POINT ON THE
' EAST LINE OF "ENGLEWOOD" , A DULY RECORDED PLAT IN SAID WASHINGTON
COUNTY PLAT RECORDS , THENCE NORTH 0°06 ' 01" WEST 390 . 11 FEET TO A 5f
, 60°59 ' 02"r FEET TO A POINT, THENCE
t rt
IRON
ROD, THENCE
WEST R246 . 16 FEET TO A POINT 454 . 05
NORTH 84°23 , 47
NORTH 72°43 ' 40"
WEST 85 . 66 FEET TO A POINT, THENCE NORTH 47°03 '29" WEST 161 .39 FEET
ROD ,
, 77°32 ' 32" 92 . 70 FEET TO A POINT,
� OF S .W.TO A 5/8 IRON ROD THENCE SOUTH
WEST 92 . 7
SAID POINT BEING 55 . 00 FEET SOUTHERLY FROM THE 0 S ;
• • SCROLLS FERRY ROAD (COUNTY ROAD # 348) WHEN MEASURED AT RIGHT ANGLES ,
THENCE NORTH 59° 34 ' 22" EAST 210 . 48 FEET TO A POINT, THENCE SOUTH
29° 49 ' 08" EAST 149 . 14 FEET TO A POINT THENCE SOUTH 74°4 ' 08" EAST
2.32 . 25 FEET
TO A POINT, THENCE NORTH
59°54 ' 22" EAST 176 . 07
A ..POINT,.
THENCE FOLLOWING A 240 FOOT RADIUS CURVE TO THE LEFT 269 .93 •
• ANGLE OF 64 26 ' 31" AND A LONG CHORD
FEET (SAID CURVE °
• OF 255 . 93 FEET�BEARING GSOUTH N73°�02 ' 38" EAST) TO A POINT OF REVERSE fl4
CURVE, THENCE FOLLOWING A 110 . 00 FOOT ° 8
t A CENTRAL ANGLEROFU93°22 ' 5STOANDEARLONG CHORD
FEET CURVE HAVING A CEN .A. o ti
OF 160 , 09 FEET BEARING SOUTH 58° 34 ' 26" EAST TO A POINT OF TANGENCY,
THENCE SOUTH 11 ¢5Z ' S$'i EAST 226 . 65 FEET TO A POINT, THENCE FOLLOWING
{
A 30. 00 FOOT RADIUS CURVE TO THE RIGHT 23 . 86 FEET (SAID CURVE HAVING "
� BEARING
ii E TH NCEEFOLLOWING
A C TRAL ANGLE OF 45 34 23 AND A LONG CHORD OF 23 , 24
EN
SOUTH 10°54 14 WEST) TO A POINT OF REVERSE CURVE, E , '`.
A 70 . 00 FOOT RADIUS CURVE TO THE LEFT 149 . 93 FEET (SAID CURVE HAVING
A CENTRAL ANGLE OF 122°43 ' 03" AND A LONG CHORD OF 122 . 87 FEET BEARING
y ° t ,t 'I
THENCE SOUTH 32 53 OE,.
SOUTH 27°40, 07" EAST TO A POINT a
F TANGENCY ) T
. FEET
EAST 110 , 01 FEET t SOUTH TRUE POTN f'
E i TO A POINT THENCE SOU"� H EAST �271 . 59
ii THE �
TO A POINT THENCE SOUTH S 49 �.�. EAST 62 . 90 FEET TO T,
OF BEGINNING, ,
CONTAINS 434398 SQyFT . = 9 . 972 ACRES
�..,
Courit' of Wa5hlhgton t'S
Roper Tho s ert ford ds
6,-t;\ arid Elet tioh$ and 8 ,•Off afo PPdoord'dr Cary-
w :,i ► +a^ ,.� '� veyarides cor Said douht%+t do hereby dartIN that
the Withrn �nsfr'u I e
m rit of
vtr
w
ritirig as received
, ,0,06 ehd recorded iri book et records of Said county,
A
G.6
/ 7
DESIGN REVIEW APPLICATION TIQ�1 `
(Use File all correspondence)
CITY OF TIGARD PLANNING DEPARTMENT File # '-- } ;
12420 SW Main Street
Tigard, Oregon 97223 Fee Rec'd
Receipt
Date Rec'd
w.. By r,w
THIS MUST BE C O M P L E T E E BEFORE IT WILL BE ACCEPTED BY THE
PLANNING DEPARTMENT. ;
• The "contact person" named in this application will receive all
correspondence from the Tigard Planning Department and that person
is responsible for providing same to owner, architects, engineers, ,
consultants, etc.
,. • In this' case the "contact person" is:.
•
', • NAME
DEL ZANDER - THE KOLL COMPANY
ADDRESS 0253 S.W. CIRRUS DRIVE, BEAVERTON, OREGON 97005
(Street) (City) (State) (Zip) ,
TELEPHONE
503-646-9681
• I have read this section and I agree, as the "contact person",
• . to provide all information to other, persons with an interest
in this project
/(-M
ROJECT MANAGER DATE 5--2-80
., • S I GNATU•�_` ROJECT
PRINT OR TYPE IN INK
PROJECT TITLE: KOLL BUSINESS CENTER - TIGARD, PHASE II
PROJECT ADDRESS: TO BE ASSIGNED
•
TAX MAP #:PLAT SUBMITTED FOR APPROVAL TAX LOT(s) #;
NATURE OF PROPOSED DEVELOPMENT OFFICE BUILDING
•
•
•
CIRCLE AS APPLICABLE
0�'�NE.R JDEVELOPER'S NAME KOLL/INTEREAL N.[�t.
ADDRESS 8249 S W. CIRRUS DRIVE; BEAVERTON,,,t„wO1EGON' 97005
(Street) (City) (State) (Zip.
TELEPHONE (Bus.) 503-643-1551. d..1 SIGNATURE
•
VICE SIDE T/GENERAL MANAR
REPRESENTATIVE S NAME_. SONNA DURDEL ,
ADDRESS 8249 S*t'1. CIRRUS DRIVE; BEAVERTON, ROEGON 97005
(Street) (City) (State) ('Zip:
PRONE (Sus. ) 50 - 4 -'� 5
. ‘4*.N)
.. m..,l.. , ,..: „,. ..: ;,,.a. .... ...... . . ............. ... _.,-._..
�.
, y FOR [AL ELECTION TO SUBMIT TO
•
1. 1e
AN 'ORD[N&NCE CALLING O A Si,Si [A
12. C3.:J[N:'�:;CM `.'o. SO °�,, VOTERS TAX LEVY FOR. TIGARD LOAVES AND FISHES SENIOR CE `
L ""
VQ.
SETTING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY,
►. r Ordinance in the even
(d) City Administrator recommended �,ouncil, adopt Ghi� � •
the ..m_-s ,' } - a
.. fails R , � s the measure�yawu»e �.a�,Is ors the !.a 20th �.i.c,ct..on- this enatal.e
be placed on the June 24th election ballot.
(b) notion by Councilman Brian, seconded by Councilman Scheckla. Co approve.
Approved by unanimous vote of Council.,
13. Nr'O rat e £'.xO.[NThENT RATIFICATION - Joseph D. ,Iebbia (Jeb s Seafood M rk t) m
Joseph
(a) Planning Director recommended approval of this appointment.'
(b) Motion by,Goxnci iGvm`n Stzmor, seconded by Councilman Brian to
acc pC Cu:t,s, N
appo i.n amen
Approved by unanimous vote of Council
14 O.RUtNANCE No SD-33, AN ORDINANCE DETERMINING THE FINAL COST OF STREET IMPROVE--
�,. RENTS IN THE SOUTHWEST YARNS STREET LOCAL IMPROVE ENT °DISTRICT '
r RATIFYING AND ADOPTING. TEE APPORTIONMENT AND ASSESSMENT OF
THE COST TO RESPECTIVE ' PARCELS OF LAND WITHIN TiE DISTRICT„
SPREADING THE ASSESSMENT AND DIRECTING THE ENTRY OF ASSESS-
tENTS IN THE LIEN D OCKET.
. r of Public Works recommended the monies be distributed, as outlined noutlined(a� b�,zece oconsu tiny engineer and discussed at the April 21, L980, Study .
4
Session Council meeting.
(b) Motion by Councilman Cook, seconded by Councilman Brian to approve.
APP roved by unanimous vote of Council.
15. KOLL ELIS I.N EISS CENTER R SITE-LEASE OF GREE iWA'i AREA AGREEMENT
•
(a) Legal Counsel briefly recapped tie history behind this lease a nd rec.o -
mended approval.
(b) Motion by Councilman Brian, seconded by Councilman Cook to a ctaept ar:d
•
i�,2Chi�?cze the Mayor` and City Recorder to sign: .
� `�
1 L .pp roved by-.unanimous vote of Council. '
WAIVER REQUEST EY T.D.c. relating`to bonding and compliance agreements for .
(Studio Es fetes Subdivision)
a) Director of 'Pub , ,
( � l:x.c t�drk:s said that half street improvements t,«re Mequa�tr
an
asks
this request and has agreed. to sign, a non.-- e�,o ksjtL; nCe and TI�C'� '�a�.ver� o�
4 . Currie recd
agreement, recommended approval Of this reque t. ' , •
H� pACE 3 GVL AR M8 1 r c CO U I L L Nu Fr 8 8 A Ai 1. li 2g, 9 8
0
I '
y . "
9m w
MACKENZIE/SAITO ,& sASSOCIATES, P. ^°� ;y 4. v Y d 41;
Page 1 of 2
RECORD OF TELEPHONE CONVERSATION
JOB. Koll Business Center JOB NO 78115
DATE April 14, 1980 TIME 2:45 p'.m• INCOMING CALL ❑
' PERSON Aldie Howard. - Planning OUTGOING CALL-4171
Director I!
COMPANY,` .y of Tigard PHONE NO,
The staff recommendations for Site Design Review,
SUBJECT:
SDR8-80 (Koll Business Center), dated April 4,
1980.
REMARKS
1. At the request of Sonna Durdel of Ko11 Company,
I asked for clarification of Items 410 , 413 and 414
of the above referenced staff report. This
' r
clarification was asked of Aldie Howard, Planning
Director, City of Tigard.
2. Item #l3 in the staff recommendations states that
fly
improvements ma.y be bonded prior to issuance of
. It appears that this item. will
p►� r � w bistrlbutibn
i override Items #10 and 414 by, way of clarification. Aldie Howes °i
Item #10 required that public water service and
service Del Zander
Sonna D .rdel
sanitary service be installed o
Y
to the site prior t
4v
V7
±ssuanceof building permit, Item #14 required e`
that street improvements be constructed to the FILE xx
approval of the Public Works Director prior to
t,
recording of final plan or issuance of a buildiing
' ra +RCH(1 CTS
5 griaturt Eric .' Saito/tmc ENGIN€EtIs
PLANNNERs ; '
0690'S.W. t3ANCROFT ST•RE.ET • POR'TLANG, OREGON 57201 • PRONE 603/224-9570
.
t
kMACKENZIE/SAITO t& ASSOCLATES, P C
.r Page 2 of 2
Record of Telephone Conversation
April 14, 1980
M/5A Job #78115
permit.
It appears that with the bonding of the improvements,
as mentioned in Item #13, that the requirements for
M1
Item #10 and #14 may be handled through the
g
bonding procedure rather than completing this work
° prior to building permit issuance.
A '
Elis/tmc
•
o
J ;
q•
d .alyyy 1
t r
•
STAFF REPORT
FINAL ACTION
TIGARD PLANNING DEPARTMENT
12420 SW Main Street
April 4, 1980
DC'Ci T: SITE DESIGN REVIEW, SDR 8-8Q (Koll Business (Center) NPO #7 . n
rr
APPLICANT: Del Zander OWNER: SAME
8253 SW Cirrus Drive
Beaverton, Oregon 97005
APPLICATION
DATE: March 25, 1980
SITE
LOCATION: South of Scholls Perry Road, West of, Southern pacific Railroad
Map 100, Q. .- Lots are
(W'a,sh Co- Tax Ma 151 34AA, Tax Lots 1QQ 19Q and 2Q
being recgrded thorugh Washington County as Lot 2, Koll Business
Center, Tigard)
' REQUEST: Site Plan, and Design Review for Koll Business Center, Tigard
PREVIOUS ACTION:
REFERENCE: ZONE CHANGE, .ZC 23-78; ZONE CHANGE, ZC 26-78; CONDI'T'IONAL USE;
, CU 33.78{ SUBDIVISION; S 11-.79.
SITE PLAN AND DHSTGN REVIEW:
The applicant is proposing to construct eleven (11) buildings in an approved M-4
'`industrial Park" Zone under a Planned Development District designati .fin.. Conditional n
Uses are allowed as eyidenc ed in application's narrative Section IV, Page'`40
This application fulfills Condition 05 of Zone Change, ZC 26-78 a site Design
ReVietv -Condition#9 of Zone Change, ZC 26-78 has been satisfied.
STAFF RECOMMENDATION:
Staff recommends approval of this Site Design Review application with, the following
conditions:
1 Traffic signal installation agreen►ent be approved by all parties
2. Sublease - Greenway - E'loodplain agreementhe approved by all parties.
3- Applicant to if apply for Zoning ordinance Amendment additional uses if are .
desired in the future which have not been granted to date on this 'project.
4. Plan to be approved by Washington County' Diatriot Number' One Fire Marshall.
pp this record ro .
Letter approval to
be made' as part of
r of a
. I
I •
Uw,» ,...,.._w. ,...u... ,.,.. ..» ..., ,,. •, ... .............. ..,... ., _ .._. ,;,. a ......... ............ •., ..
STAFF REPORT
FINAL ACTION
TIGARD '
• P.L.�,.NN��1C� DEPARTMENT
SDR 8-84 -(Ko1.1. Bus. Center)
April. 4, ,1980
Page 'a
G. No Qcc•pang Permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and inspections
y g by P� P epartment.
�e��g in this have been,, oarr�ed out b the a oro r�.ate d
7e No minor land Partitions shall be made in reference to this project
unless fo ma1 a7plication is made to the City y of Tigard Planning .Depart-
ment and the minor land partition is approved and recorded,
8. No changes xil be made to approved plans or specifications unless formal
application is made to the appropriate City department and changes are
approved by that department. Application for changes will be made in
writing and shall include applicable drawings. vp
g. Grading plans and construction plans on all public right-Of-Ways shall be submitted
and a roved by the Public W�lrks Director prior to commencement of work.,
P&� Y p
O. Public water service and sanitary service shall be installed'to this
site prior to the issuance of a Building permits
11. All existing or proposed utilities shall be placed underground. Street
'g 4 approved by Director.
lighting installations shell. be a roved b the Public Works
12. No Building Permit shall be issued until the expiration of the twenty day
appeal period from the date of ap;prnval.
13. Improvements may be bonded prior to. issuant:qt of Building Permits.
14. That street improvements be constructed to the approval of th Public Work
s
the P u
Director prior to the recording of the final plat or issuance of a Building
Permit. .
Prepared b, ' azmning Director
AHv me
STAFF NOTE:
A personal dote of appreciation to Salina L)urrlell of Kola. and Rick Saito of
McKenzie -- Thanks for being so co--Perative. if 'I can help you in any way -
3U t ask.
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ATTACHMENT f r„
P*
STAFF REPORT SDR 8-80 (Koll Business Center) April
NOTE: This acknowledgement must be signed and returned to the City of Tigard,
acknowledgement
Planning Department. Failure to return this � dgemerit w1.l ��
f result in no further action on this project with regards to issuance I
of Building Permits or engineering approval.
4 4 30
Signature (Co ct Person) Date'
Action of the Planning Director is final unless notification of appeal to I
the Planning Commission is filed with the City Recorder within twenty (20) p.
days of the Planning 'Director's action.
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CONTRACTOR
City of Tigard April lr 1980
• Planning Dept.
•. KOLL BUSINESS CENT E/2 Ph.
Parts of the following tax lots are being consolidated into one tax lot
by a subdivision plat currently in the signature/filing process: 1;
Map No. Tax Lot •
1--S-,i-34AA 100
1-S--1-34AA 190
1-S-1-34AA 200
A copy of the recorded plat together with the amended tax lot numbers
will be provided immediately upon completion of the filing process.
Deb der; ,
Project Manager
r, l
DL/nr
8253 S.W. Cirrus Drive•beavertori Oregon 07005 le(503)646,9581
M1
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Ø ICJ
CONTRACTOR
March 25, 1980
Planning Department
City of Tigard
12420 SW Main Street
Tigard, Oregon 97223
SUBJECT: KOLL BUSINESS CENTER
S. W. SCHOLLS FERRY ROAD @ HWY. 217
_ 1
TIGARD, OREGON
Ladies and Gentlemen:
We enclose one copy of each of the following for your review:
Design Review Application
Sab-Lease, Greenway Flood Plain
Colors & Graphics, Sheet Color 1
Architectural, Sheets A-1 thru A-17
�.tect
Landscape, Sheets 5 &
Electrical, Sheets 1 & 13
Preliminary Plat, Sheets 1, 2 and 3
Rendered Elevations, one sheet
Color Board, 1 each
Traffic Signal Agreement dated 2/29/80
If additional information is required, please advise:
Yoursi: truly,
THE KOLL COMPANY
D. De ander
Project Manager
DZ:ka 1 'I r
regoh 97005 ( )646-0681
8268 S.W. Cirrus Drive
� Sea'Vertart C) 5�3
T
■ /'.
�SIGA .REVIEW APPLICATION.`L.;,
(Use File # on all correspondence)
CITY OF TIGARD PLANNING DEPARTMENT File # c !
12420 SW Main Street .
Tigard, Oregon 97223 p� Fee Rec'd Cn Ca, oG
• Receipt # 3 f
-17 Date Recd 31-2.5"
BY
THIS MUST BE COMP L E T E BEFORE IT WILL BE ACCEPTED BY THE
PLANNING DEPARTMENT.
The "contact erson" named in this application will receive all
P PP
correspondence from the Tigard Planning Department and that person
is responsible for providing same to owner, architects, engineers,
consultants, etc. ;,.
' In this case the "contact person" is
NAME Del Zander, The Koll Company
ii
I . ADDRESS 8253 S.W. Cirrus Drive, Beaverton, Oregon 97005
(Street) (City) (State) (Zip)
'TELEPHONE 646-9681. ,
I have read this section and I agree, as the "contact person",
to provide all information to other persons with an interest •
in this project. l
.J
SI `ATURE • DATE I:
;tifiVity
SeA°46) A te)
PLEASE PRINT OR TYPE IN INK
PROJECT TITLE: Koll Business Center Tigard
PROJECT ADDRESS: aS. ,;.,, , �cg2011,451'wlmoo i �!
'TAX MAP #: d TAX LOT(s) #
""" Eleven (11) buildings consiSting of
NATURE OF PROPOSED DEVELOPMENT a
187,586 square feet of multi-tenancy space a
oe for lease. ;.
.: #", " t _. i sir
" �..f lr,f f k-,F Y,. .-. q�.,' �,i�. f• u.'„ cw. ��.,.,+�,-,t°°.•'
CIRCLE AS APPLICABLE
OWNER/DEVELOPER I S NAME Koll/In Eereal N
,W:
ADDRESS
4 �:W: Ciro:~tip Drive, Beaverton, Oregon 9'�005
(Street) (City) (State) (Zip)
i .
T LEPRdNE 643-7551 41.
SIGNAT
Vice President/General Mgr.
REPRESENTATIVE!S NAME Sonna Dhrdel Oregon ' ,
ADDRESS 8249 S,W, Cirrus DriVer Beaverton, Oregon 87005 1 ('
• Street`, qty tate ip
43-7551
ry 3 i ` 3 • a 3
ve411-uK•. og„.76, ,It
/6 , x 156
/6/ / 5(3 it 515 / 8 4 9 ! k _ 3?1
...°
I4, 1 ! 155- '' 18 ,5. i I
(0 .(1-(3 k ) 5-3 -Tao ' zios) v--
/ 0 5.6
I41 a - ,1 = 1st - l ; / 8 7 5-1 4/ - g s
60
it/ — r a
K / O$ z..`D 5 4,S. ' i
/ 8i / D9 = 150 14-5- ah-t
(.2c, 1 ( zz() 1g/
So
P..b
/ 07 5
4 580 t (c, 6
Approved , L. E. George
MCH:pf
2/29/80
Misc. Contracts & Agreements
No. 7222
COOPERATIVE CONSTRUCTION-FINANCE AGREEMENT
TRAFFIC SIGNAL INSTALLATION
THIS AGREEMENT its made and entered into by and between the' STATE OF
OREGON, acting by and through its Department of Transportation, Highway
Division, hereinafter referred to as "State"; the CITY OF BEAVERTON, a
municipal corporation within the State of Oregon, acting by and through
-pr. n. ; its City Officials, hereinafter referred to as "City"; and a Joint
Venture composed of 1COLL-INTERrAL NORTHWEST and the SOUTHERN PAC IFIC
INDUSTRIAL DEVELOPMENT COMPANY, acting by and through its designated
Company Officers, hereinafter referred to as "Company
W I T N E S S E T H
k ECITALS
R ce
1. For the purpose of providing adequate access to a proposed corn-
:, development, State, City and Company plan and propose to install
,� 05
traffic control signal equipment and construct certain improvements on
the Scholls Highway, State Secondary Highway No 143, at Nimbus St_`:•eet,
hereinafter referred to as "project''
2. By the authority granted in ORS 487.850, State is authorized to
;'. determine the character or type of traffic control signals to be used and
to place or erect them upon state highways at places where state deems
necessary for the safe and expeditious control of traffic. No control
signals shall be erected or maintained upon any state highway by any
authority other than State, except with its written approval.
3. By the authority granted in ORS 366.425, as amended by Chapter,
365, Oregon Laws, 1979, State may accept deposits of money, or an irre_
a vocable letter of credit, from any person, firm or corporation for the
pezforxttance of work on any public highway within the State. When any
• {} money or a letter of credit is deposited, the state shall proceed with
` disbursed for the purpose... for
� the pro�eot, Money so deposited shall be disbars
which it was deposited.
4. By the authority granted in'ORS 366.775, State and city may enter
into agreements for construction and maintenance of any state highway With
allocation of costs on terms'mutuall agreeable to the contracting
the mutually g
parties.
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k IOW, THEREFORE, the premises being in general as stated in the fore-
going RECITPT.S, it is agreed by and between the parties hereto as r follows:
STm1:,'`, OBLIGAM.1:IONS
0; 1. State shall, at Company expense, perform all preliminary engineering
m and design work required to prepare plans, specifications and estimates,
µ. advertise for bids, award all contracts and furnish all construction engi-
neering, material testing, technical inspection and resident engineer
services for administration of the contract. The traffic signal instal-
°? lation may be accomplished by the use of state fora°es by contract or by
'4'. ,.,t any combination of these methods, as State shall elect.
.:W. 2. State shall, at Companyex p ense, assign a liaison engineer to
} monitor the roadway work Ferformed by C om p an y's
contractor and to provide '
intermittent inspection and grade checking to assure conformance with
. State standards and specifications for highway construction.
3. State shall, upon completion of the project, perform all necessary
t maintenance for operation of the traffic signal equipment, and maintain that
portion of the roadway lying within State highway jurisdiction, at its own
l'', expense and no cost to City or Company.
u 4 State shall review and approve all roadway plans and specifications
a
prepared by Company prior to proceeding with any roadway work.
5. State shall compile accurate cost accounting records and, when I '
' the actual total cost of the project has been computed, furnish Company
with an itemized statement of said costs, including preliminary and con- 1,
struction engineering, design work, contractor ants and all con-
P ym
a
• V tingency items attributable to the project.
. CITY OBLIGATIONS
i
7}
1. City shall be responsible for, and pay all costs of, electrical ,;
energy consumed in operation of the traffic signal equipment, and shall make
no changes in the timing program established for q
energy P
in � or the. traffic signals without
• ''r prior written approval of State.
,I; 2. City shall adopt a resolution authorizing its designated City
,
' Officials to enter into and execute this agreement and the same shall be i'
F attached hereto and become a part hereof.
COMPANY O11L1IGATIONS, f'
{ p y agreement forward to '
1. Company shall, upon execution of this .afire
1 ; State an advance vance depositp or irrevocable
letter
the
, amount of $6,500, said amount being considered as equal 100 p e rcent ,,
of the estimated total cost of signal design work, Preparation of c on `,
tract documents and liaison engineer services.
1 2. Company shall, Within 20 days following opening of bid `proposals,; (
•, forward to State an advance deposit, ar irrevocable letter of credit, in 1
the amount of lob percent of the estimated total cost ofithe traffic sig- '
• ,I lion. act shall be a'wa mmence until
sad advance deposit hasnbeen received by State.
k co
r e or w
or
deposit
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Upon completion of the project and receipt from State of an itemized
statement the total cost of the project, Company
shall pay any
amounwhicch henaddedoCom an °s advance deposits, wi ll
equal 100
percent of the actual total cost of the project, including preliminary
and,construction engineering, contractor payments and all contingency
items attributable to the project. Any portion of said advance deposits
which is in excess of the total actual cost will be' refunded' or released.
to Company. .,,°
3. Company shall provide the necessary right-of-way and easements
for installation and maintenance of the traffic signal equipment, in-
cluding advance detector loops and highway widening.
4. Company shall, submit plans and specifications for State review
• and approval prior to proceeding with any roadway work.
GENERAL PROVISIONS
,l. Provisions of State and Federal laws governing public contracts
and agreements of 'this type are hereby incorporated by reference as if fully
set forth herein.
2. The parties hereto agree and understand that a mutual review of the \
plans, specifications and estimates shall be conducted prior to advertisement
for bids on the project.
IN WITNESS WREREOF, the parties have set their hands and affixed their
seals as of the day and year, hereinafter written. City has acted in this
matter pursuant to Resolution No. , adopted by its City
Council on the day of , 19
•
The Oregon Transportation Commission, by a duly adopted delegation order,
authorized its Chairman or Vice Chairman to act in its behalf in approving
this agreement. Approval was given for this agreement on
by , which approval is on file in the
Commission records. The delegation order also authorizes the State Highway
Engineer to execute the agreement on behalf of the Commission.
•
APPROVAL RECOMMENDED - STATE OF OREGON, by and through
its Department of Transportation,
Highway Division
Asst. State Highway Engineer
state Highway Engineer
• Region Engineer
SOUTHERN PACIFIC INDUSTRIAL CITY OF BEAVERTON, by and through
DEVELOPMENT COMPANY its City Officials
By B..
y
Mayor
Title -
�ey
city Recorder
XoLL-1NTEREAL NORTHWEST
Ey
9
, l''
a MEMO
M
1
To T ZGARD CITY COUNCIL MEMBERS .
FROM: PLANNING DIRECTOR
SUBJ. : KOLL BUSINESS CENTER SUB--LEASE OF GREENWAY AREA. ' Y .
ABOUT ONE YEAR AGO WHEN KOLI, WENT THROUGH THE PLANNING COMMISSION ,''
HEARING PROCEDURE AND THEN BEFORE COUNCIL ONE OF THE MAJOR CONCERNS
WAS THE GREENWAY ALONG FANNO CREEK. s i
YOU ASKED THAT A LEGAL DOCUMENT BE DRAWN SPECIFYING CONDITIONS FOR
. . KOLL TO MAINTAIN THE GREENWAY FOR A PERIOD OF TIME ETC. ENCLOSED
IS THE FINAL, SIGNED COPY FOR YOUR REVIEW' AND COMMENT
IF YOU WOULD AUTHORIZE T HE MArO.R TO E�CI� THIS AGREEMENT WE . .',
WOULD HAVE ACKNOWLEDGEMENT FROM KOLL AND THE DEVELOPMENT
COULD s
PROCEED. MR. BAILEY HAS REVIEWED THE AGREEMENT. ' s
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4
SUB-LEASE - GREENWAY FLOOD PLAIN
1'; Sub-Lease made this day of ,
19 , between KOLL/INTEREAL NORTHWEST, a California general 1 ,
TER.EAL NOR.
partnership artnersh 2723 152nd Ave. , N.E. Redmond, Washington 98052,
,
' hereinafter called "Lessee" , and CITY OF TIGARD, a municipal
corporation, Tigard, Oregon, hereinafter called "Sub-Lessee" .
R E C I T A L S :
(1) Lessee has leased property from William R. and f'
Constance A. Robinson and Chester C. and Evelyn Z. Robinson
• hereinafter called "Lessor") within the City of Tigard upon
park .•
which it intends to build an industrial k
(2) Sub-Lessee has required that Lessee dedicate by
•
' leasehold interest to Sub-Lessee certain property, more
specifically described in Exhibit "A" hereto and by this referenda
incorporated herein as greenway open space.
,
(3) The parties desire to enter into a sub-lease
1 a g reement defining all rights,g
hts, duties and liabilities of the
parties.
(4) Lessee has a _long terra lease on said property,
the initial term of Which shall be for a period of 99 y ears
commending May 19 , 1978 and ending on the 99th anniversary of
that date.
,. have the .
(5) Lessee, in its sole discretion, shall h
option of extending the term of said lease for two consecutive
additional periods of 25 y ears each:
(6) Sub -Lessee shall have the option of extending J
1 :,
E(i
the term of this sub-lease for two consecutive additional periods
of 25 years each if Lessee exercises the`option set forth in (5)
above.
(7) If Les1ee exercises its option under its lease
to purchase the property from Less yor, Sub-Lessee shall become a
lessee and the terms of this sub-lease shall remain the same fol-
lowing the change of Sub-Lessee' s status to that of a lessee.
Any ambiguities created by such a cha:,,ge in status shall be .con
strued in favor of carrying out the intention and purpose of this
sub-lease
IN CONSIDERATION of the mutual covenants contained
herein, the parties agree as follows:
SECTION 1 - DESCRIPTION OF PREMISES;
The premises which shall be the subject of this sub
lease are described in Exhibit "A" . This description consists
of property presently desig nated as flood b y the City of
t '
Tigard. In the event of reduction in the size of said flood
plain, that portion of property no longer falling within the
flood plain designation shall revert to Lessee's sole control.
. a -
In no manner, form or process shall this description be used as
.
the controlling factor Ehe construction; modification
or operation of Lessee W s industrial park and related businesses
SECTION 2 PURPOSE OF t.11B-°L8ASE
The premises demised under this sub-lease are to be
"
used by Sub-Lessee as open Space and greenway in conjunction
with its open space and greenway policies and proceduresp Sub-
•
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2 .
it
,..a.•, ,mow,nw n, �....
- ..ow..nro.mmrgs.iu.
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Lessee shall purpose than as
11 not use the premises for, any other purpos
a reenwa open space facility. Sub-Lessee shall not directly
g' y oP p
or indirectly cause or allow to be constructed any structures
or facilities on the premises without obtaining prior written
consent of Lessee. Said consent shall not be unreasonably
withheld or delayed.
SECTION 3 - TERM OF SUB-LEASE
The term of this sub-lease shall be for an initial
period of 99 years, commencing on May 19, 1978, and terminating
on the 99th year of said date's anniversary unless sooner ter-
rninated• b breach of the terms and conditions of this`
`� � his agreement ,
or as provided in subsequent sections hereof. Lessor concurs
that Sub-Lessee may remain in possession of the premises for
the full term of the sub-lease, despite any change that may
occur in the status of Lessee or the lease between Lessee and
Lessor. The term of the sub-lease may be renewed provided
Lessee exercises its option extending the term of its lease for
the two
consecutive periods of 25 years each. If Lessee decides
not to exercise its right to extend the term of its lease d with
Lessor, Lessee shall noti"y Sub--Lessee that it will not be exer-
cisirig its option. Said notice shall be given not less than 120
days prior to the expiration of the original term or any re-
newal term of lease with Lessor.
SECTION 4 - RENT:
. •
sub-Lessee shall Pall t o Lessee as basac ,ten'
t an ainlla1
sum equal to the e-Inual taxes assessed on the property which
• P p y is
(
• 3.
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the subject of this sub-lease.
SECTION 5 - PROTECTION OF LEASED PREMISES
Sub-Lessee shall not use or suffer or permit any
person to use the sub-leased premises or any portion for any
purpose in violation of any applicable law, ordinance or regu-
ti lation, subject, however, to Sub-Lessee' s right to contest the
validity or applicability of any law, ordinance or regulation.
Sub-Lessee shall not conduct or permit to be conducted any
public or private nuisance, shall not commit or suffer any
waste on the sub-leased premises, and shall not use the subs
leased premises in a way unreasonably offensive to Lessee or
others. Sub-Lessee shall observe and abide by all conditions,
covenants and obligations placed on Lessee under its long
J P 9'
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term lease of the premises with Lessor. Sub-Lessee shall not
• conduct itself or use the premises in a manner which shall
cause or contribute to a violation, breach or default of any
condition, covenant or obligation Lessee has in its long term
lease with Lessor.
SECTION 6 - POSSESSION
Sub-Lessee shall have possession of the leased
premises as of the date first shown above.
SECTION 7 ASSEss ENTS
During the term of this sub-lease,A. Du i lease, Sub--hessee
shall pay before deJinq uent any assessments against the premises
°
except that when an assessment is y S -
P y payable in a�ns;�allments ub
Lessee `ma elect to assessments in may pa,
y such as se installments, in
4.
•
which case Sub-Lessee need only pay such installments of SSS�
principal and interest coming due during the term of this sub-
lease. If the assessment is payable in installments, Sub
Lessee may make application therefor in Lessee' s name and as
' Lessee' s attorney-in-fact. Sub-Lessee shall notify Lessee of
any assessments made against the premises and Sub-Lessee shall,
upon demand furnished to p Sub-Lessee, provide evidence of pay-
•
ment of assessments or installments required to be paid by
Sub-Lessee
B. Sub-Lessee shall promptly pay all assessments,
charges or obligations resulting from the improvement, widen-
ing or repair of that portion of Scholls Ferry Road which the
1 a sub-leased property fronts.
SECTION 8 - SUB-LESSEE' S ELECTION TO CONTEST
TAX OR ASSESSMENTS :
Sub-Lessee may withhold payment of any taxes or
assessments if a good faith dispute exists as to the obliga-
tion to pay or the amount of the tax oz assessment p y ssmerat to ' be paid,
F r
provided that if the premises are subject to a lien as a re-
sult of non-payment, Sub-LeSsee shall, within 15 days after
the lien arrives, deposit with Lessee cash, a sufficient surety
bond, or other security reasonabl y satisfactory to Lessee in an
any amount suf�ficient to discharge p e the lien Plus a y an interest;
penalties, costs, attorneys' fees or other charges that could
accrue as 'a result of foreclosure or sale.
SECTION 9 UTILITIES:
During the term of this sub -lease, Sub-Lessee shall
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pay or cause to be paid before delinquent all charges for water,
sewage, gas, electricity, garbage disposal, and other utilities
and services supplied to or used on the premises, and Lessee and r,
the premises shall be protected and held harmless by Sub-Lessee
SECTION 10 CLAIMS & LIENS:
N o Liens. Sub-Lessee shall h 1 no t suffer r
o .permit.. any;
mechanic' s liens or other claims or demands arisin g from the
work of landscaping, development, construction, repair, restora-
tion to be enforced against the remises or any
ta.on or removal
portion thereof, nor suffer or cause any other lien or encum-
brance other than the lien of taxes and assessments imposed by
governmental authorities, and Sub-Lessee shall defend Lessee
and hold the Lessee and the remises free and harmless from any
p � '"
and all liabilities for any liens, claims or damages, together
with all interest, costs and expenses.
Contest of Liens. Sub -Lessee ma withhold y payment
of any claim or demand or may elect to contest any lien if a
good faith dispute exits as to the obligation to a !
9' � ,,p. �g � pay, pro- a
premises subject
i and the lien
vided, that if the remises are sub ect to a
• is not discharged within 15 days, Sub-Lessee shall deposit
with Lessee cash, a sufficient corporate surety t
bond or other
security reasonably satisfactory to Lessee in an amount suf-
ficient to provide for the discharge of the lien plus any
9' P Y inter
y r g
inter-
est, costly attorneys s fees or other charges that would accrue
as a result of foreclosure or sale. Any contest over" the
validity of a claim or demand in which h the premises are not
1
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subject to a lien, Sub-Lessee shall, at its sole expense, de-
fend itself and Lessee and shall pay and satisfy any final
adverse judgment that may be rendered before enforcement of
'
the judgment against Lessee or the
J gm g premises, and Sub-Lessee
shall name Lessee as an additional obligee under any surety
bond furnished in the contest proceeding.
Notice of Construction. Sub-Lessee shall notify
Lessee writing days prior to the commencement of
ssee
in wra.tin at least 15
any work on the ,
Y �
remises, the cost of w`�iich is to exceed
$100, 000, and the nature of such that a mechanic's lien might
be asserted on account of the
performance of the work.
SECTION 11 CONSTRUCTION & IMPROVE.MENTS
Construction of Improvements- Sub-Lessee may con -
struct or cause to be constructed, with Lessee' s approval as
specified in Section 2 herein, such improvements on the premises
as Sub-Lessee decides to construct in conjunction with the use
of the premises as greenway and/or open space. ror purposes
of
this sub-lease, "improvements" shall include all buildings,
structures, facilities and other improvements placed on the
premises and all landscaping, grading, earth moving and filling.
All improvements co
P ntrUcted by or under Sub-Lessee on the
P property
remises shall be the of Sub--Lessee Until the expira-
. .
A tion or earlier termination of this lease.leass
e. Sub -Lessee shall
not remove or cause the improvements to be removed without the
•
ex res� write
express consent of the Lessee. ,
written c
Development of Leased Premises. Lessee shall coo er-
P
7 u
.. ::., 1. ., ;.. ;-,,. .,,:,. c i,. .;M... __.:.., -,:_.,.i... ......._ __ .._ ..,..•x t:... aA,,....'4:.
ate with Sub-Lessee in Sub--Lessee' s development of the property
for uses above stated by joining with Sub-Lessee in applying
for any permits or approvals necessary for the development of
Sub-Lessee' s greenway and/or 'open spade.
Repairs & Maintenance. During the term of this lease,
(except as set forth in that portion of this section en_.,_itled
"Lessee' s Maintenance Obligations") Sub-Lessee shall maintain
the premises and improvements in first-class condition, repair
and appearance, and shall perform all necessary repairs and
maintenance.
R:epa "t's, Alterations Lessee shall not be obligated
to make any repairs, alterations or additions of any kind to
the premises or improvements, whether structural or non
structural, ordinary or extraordinary, foreseen or unforeseen.
Any alteratioxls or additions which Sub-Lessee desires to make
on the premises shall be made by Sub-Lessee at its own cost
and .expense:
Lessee's Maintenance Obligations.. Lessee shall main-
_
tain` the greenway in the condition it presently exists for a
period of 5 years from the date of this agreement or until
Sub-Lessee makes improvements thereon as provided in Section 11
of this agreement, whichever occurs first. Said maintenance
shall be limited to mowing, cutting and removing of the grass
2 times per year, and using reasonable methods to control moss
quito inf'estation and mosquito breeding grounds:
SECTION 12 LIABILITY INStfl'Ndt & INDLMNIT'Y:
8
,t' r
V r ; It
, • (1 1ti
Liability of Lessee. Lessee shall not be liable for
any loss, damage or injury to the person or property of anyone
occasioned by or arising out of any act, activity or omission
{
of Sub-Lessee or anyone holding under Sub-Lessee, the occupan-
cy or use of the premises or any portion by or under Sub-Lessee
or any state or condition of the premises or any portion.
Indemnity. Any provisions of this sub-lease to the
i in ...
contrary notwithstanding and in respect to any insurance carried � .
by Sub-Lessee for the benefit of Lessee under the terms of this
'►
lease, . Sub-Lessee shall protect indemnify and hold .Lessee y,
Lessor, and the r .;mises harmless from any and all damages or
liabilities at any time occasioned by or arising out of any act,
activity or omission of Sub-Lessee or anyone holding under Sub-
Lessee, the occupancy or use of the premises or any portion by
or under Sub-Lessee, or any state or condition of the premises
or any portion.
SECTION 13 ASSIGNMENT" & SUB-LEASING
Assignment. Sub-Lessee may not assign, sub-lease or
otherwise encumber or transfer this sub-lease to any other per-
son or entity without the prior written consent of Lessee. In
the event such approval is given; Sub-Lessee shall remain liable
for the full performance of all covenants of Sub-Lessee under
this agreement,
SECTION 14 - TERMINATION:
Condition of Premises. Upon the expiration or
earlier termination of this sub-lease, Sub--Lessee shall surren-
der the premises to Lessee in first-class condition. De-
,
preciation and wear from ordinary use for the purposes for ;' '
which the premises were let need not be restored, but all re-
pair and maintenance for which Sub-Lessee is responsible shall
be completed: to the latest practical date prior to surrender.
Holdover. Should sub-Lessee fail to vacate
' the
premises when required and such failure substantially inter-
fers with the rights of Lessee to the premises, Lessees
rights shall be as follows:
A. Sub-Lessee shall be treated as a month-to-
month tenant;
B. Lessee may elect to take legal action to eject
premises e e
Sub Lsse from the and t<,` I
. � p � ,'correct any damages caused
r .'I!
by Sub-Lessee' s wrongful holding over;
C. Nothing in this section shall be construed to
give Sub-Lessee the right to hold over cn." to continue in pos-
session of the premises after the expiration of the term of
this sub-lease.
r
Quitclaim.. Upon the expiration or earlier terming-
tion of this sub-lease, Sub-Lessee shall execute, acknowledge
l ,
and 6,eliver to Les see within 5 da y s followin g
written demand
from Lessee an y quitclaim deed or other document required by
any reputable title company to remove the cloud of this sub-
lease from the real property sub ect to this sub-lease.
�
Attorneys' Fees. In the event any proceeding is
brought by or against Lessee to interpret, enforce this sub-
lease , or re
a ► cover PosseSSion of these premises, the Lessee
`'
'
lO,
,—,o
4
shall be entitled to recover reasonable attorneys' fees, to-
gether with costs and disbursements at all judicial levels,
including appeals, if Lessee prevails.
SECTION 15 -- WAIVER:
A waiver by either party of a breach of any term,
covenant, condition or obligation of this sub-lease shall not
constitute waiver of any succeeding breach or prejudice the
party' s rights otherwise to demand strict compliance with the
same or any other term, covenant, condition or obligation.
SECTION 16 - LEASE BINDING UPON SUCCESSORS •
AND ASSIGNS:
Subject to the limitat ions contained herein, this
sub-lease and each of its terms, covenants, conditions and ob
ligations shall extend to, be binding upon and inure to the
benefit of the successors and assigns of both Lessee and Su-
Lessee. References in this lease to Lessors Lessee or Sub .
Lessee shall include, whereve:c applicable., their successors
and assigns.
SECTION 17 - INSPECTION:
Lessee reserves the right for Lessee and any agents
and representatives to enter upon the premises at any reason-
able time for the purpose of attending to Lessee' s interests
d this sub-lease and to inspect the remises.
an der p
SECTION 18 - CONDITION OF LEASED PREMISES:
W
Stb-tessee has inspected ec ed the premises and is aware
accepts the land pursuant to this sub-
' ef the condition and aace
an
Present i
�
in no event shall Lessee be
lease n its resent condition- Iii.
11
•
a
r r i� P r
t y
a
4
responsible to Sub-Lessee or any third party for the condition. of
' the premises, either as it is now or hereafter exists
SECTION 19 - GENDER:
Whenever the singular number is used in this sub- .
?,, lease and when required by the context, it shall include the
a. ` plural, and the masculine gender shall include the feminine and
neuter genders, and the word "person" shall include any corpora--
tion, firm or association. If there are more than one sub-
lessee, the obligations imposed upon Sub-Lessee under this agree--
• ment shall be joint and several. ,.
SECTION 20 - HEADINGS & TITLES
Headings and titles to the sections and paragraphs
only convenience of the
of this lease are included onl for the cony
parties and shall not have the effect of defining, diminishing
w. or enlarging the rights of the parties or affecting the construc-
.1I tion or interpretation of any part of this lease',:
SECTION 21 - ENTIRE AGREEMENT'
1 . This sub-lease contains the entire agreement of the
parties with respect to the matters covered, and no other pre
//'''
vious agreement, statement or promise made by any party to this ''
lease Which is not contained in this term shall not be binding
t
4.t,,".\!. ' or valid.
SECTION 22 ACKNOWLEbGEMENT EY LESSOR
'' The foregoing sub-lease is made with the full know- !'
,
ledge and agreement:: of Lessor of the premises and Lessor
accepts the, sub-1ease hf rein but retains all right to disapprove J.,' ''
0
�... ....... r w...FSivawcocxv.:cam- r
r .‘ li
•
•
' rl
any future sub-lease between Lessee and Sub-Lessee or between
• Lessee and any other party.
IN WITNESS WHEREOF, the parties have executed this
sub-lease at ,
the day and year first above written.
KOLL/INTEREAL NORTHWEST, a i
California general partnership, '
Lessee cao '"'
4r
/ Y/ 4
By ... - rj
CITY OF TIGARD, a municipal
corporation, Sub Lessee
By •
LESSOR:
•
STATE OF OREGON )
County of t )
Personally appeared ,.e c...��. 7�,. �,
•
._. o f KOLL INTLREAL NORTHWEST, a
California genex•a1 partnership, and adkn.owledge(3. foregoing
Sub-Lease to be its voluntary act and deed on thi$ 6244.A-)
•
«.., .•.. r.1...:4..•..._:- ...,•i:.an ...f r,..: it .'..
I
•
•
day of �c',vt,c. ,, 1980..
Kota Public for Oreg xi
y commission l expires'„ 1 x/30 f 3
•
STATE OF OREGON
) ss.
County of }
Personally appeared
• of CITY OF TIGApD, a municipal corpora--
tion, and acknowledged the foregoing Sub-Lease to be its volun-
tary act and deed on this day of ,
1980.
Notary Public for Oregon
My commission expires:
T
STAE OF
•
•
) ssa
County of
Personally appeared WILLIAM R. ROBINSON and CONSTANCE
Ay ROBINSON, and acknowledged the foregoing Sub
-Lease g g ng -
Lease to ' be
• their voluntary act and deed on this day of
1980.
Notary Public for
.�..:.•��._
My p EJ-
•
.� GoxC1ZY11.'S511oT1 E?X l
re
ry
1.4.
I U,
� fF.
tf
•
STATE
OF
) ss., !:
County of
�
Personally appeared CHESTER C. ROBINSON and EVELYN
Z. ROBINSON, and acknowledged the foregoing Sub-Lease to be
their voluntary ct and deed on this day of II.
Y
, 1980.
Notary Public for.
My commission ,expires:
Is
•
•
fr
m .
_ l 1
I I
r .
tl
it
,1s /
s .
*r"
If
FEBRUARY 8, 198
• LEGAL DESCRIPTION FOR
GREENWAY AREA
A PARCEL OF LAND IN THE NORTHEAST 1/4 OF SECTION 34 , TOWNSHIP 3
SOUTH RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, COUNTY OF WASHINGTON,
STATE' OF OREGON MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING
AT A STONE WHICH MARKS' THE NORTHEAST CORNER OF SAID SECTION 34 ,
THENCE SOUTH 0°22 ' 24" WEST ALONG THE SECTION LINE BETWEEN SAID
SECTION 34 AND SECTION 35, 1931 . 55 FEET TO A POINT, SAID POINT BEING
THE NORTHEAST CORNER OF THAT LAND MORE PARTICULARLY DESCRIBED IN BOOK
510 PAGE 110 IN SAID WASHINGTON COUNTY DEED RECORDS , THENCE NORTH
( ' 89` 52 ' 5O" WEST 231-. 83 FEET TO A 'POINT, SAID POINT BEING' THE TRUE 1.
POINT OF BEGINNING, THENCE CONTINUING NORTH 89521501' WEST 236 . 67
FEET TO A POINT ON THE EASTERLY LINE OF "BLACK BULL" , A' DULY RECORDED
PLAT IN WASHINGTON COUNTY PLATiRECORDS , THENCE NORTH 0°22 ' 24" WEST
10. 45 FEET TO A POINT THENCE NORTH 83° 38 ' 25" WEST 43 . 24 FEET TO A
y
POINT, THENCE NORTH 0° 19 ' 12" WEST 145 .94 FEET TO A POINT, THENCE
NORTH 4553 '43" WEST 329 . 12 FEET TO A POINT, THENCE NORTH 61°44 ' 1 8"
• WEST 28 . 58 FEET TO A POINT, THENCE NORTH 10° 56 ' 11" WEST 109 , 04 FEET
TO A POINT, THENCE NORTH 04°26 ' 48" WEST 170 . 86 FEET TO A POINT ON THE
EAST LINE OF °ENGLEWOOD" , A DULY RECORDED PLAT IN SAID WASHINGTON
COUNTY PLAT RECORDS, THENCE NORTH 0°06 ' 01" WEST 390 .11 FEET TO A 5/8',
• IRON ROD, THENCE NORTH 60 059102" WEST 454 . 05 FEET TO A POINT, THENCE .
NORTH 72°43140" 6 . 16 FEET TO A POINT, THENCE NORTH 84°23 ' 47''
' - WEST 246 . 16 '
WEST 85 . 66 FEET TO A POINT, THENCE NORTH 47°03 ' 29" WEST 161 . 39 FEET
TO A 5/8" IRON ROD, THENCE ET TO A POINT,
E SOUTH 'NEST 92 . ?0 FE
55 . 00 FEET SOUTHERLY FROM THE CENTERLINE OF S W
SAID POINT BEING 55 , ,
s .
SCHOLLS FERRY RIGHT ANGLES ,
'. �t ) WHEN MEASURED AT RIGH
THENCE NORTH 59°3422" EAST R210 . 48. FEET TO A POINT, THENCE SOUTH
• 29°49 ' 08" EAST 149 . 14 FEET TO A POINT; THENCE SOUTH! 74°49 ' 08" EAST
yI 232 . 25 FEET TO A POINT; THENCE NORTH 59° 34 ' 22" EAST 176 . 07 FEET TO
A POINT THENCE FOLLOWING A 240 FOOT RADIUS CURVE TO THE LEFT 269 . 93 •
FEET (SAID CURVE HAVING A CENTRAL ANGLE OF 64°261311' AND A LONG CHORD "
FEET BEARING SOUTH 73°02 ' 38'' EAST) TO A POINT OF
OF 255 . 9 3 REVERSE
CURVE, THENCE FOLLOWING A 110 . 00 FOOT RADIUS CURVE TO THE RIGHT 179 . 28
FEET (SAID CURVE HAVING A CENTRAL ANGLE OF 93°22 'S5" AND A LONG CHORD
9 8°34 ' 26" EAST) TO A POINT OF TANGENCY;'
FEET BEARING SOUTH 5
THENCE SOUTH SOUTH 11 °52 r 5 Bit EAST 226 . 65 FEET TO A POINT, THENCE FOLLOWING'', v
00 FOOT RADIUS CURVE TO THE RIGHT 23 . 86 FEET CURVE HAVING
A CENTRAL ANGLE OF 45°34 ' 23" AND A LONG CHORD OF ry , 2AID EU
A 3 0. F T L F.
23 , 24 FEET BEARING
SOUTH 10 54 ' 14" WEST) TO A POINT OF REVERSE CURVE; THENCE FOLLOWING
S 'HAVING'
A CENTRAL aANGLE DOFS122R43 ' 03"TAN'DLAFLOIVGgCHORnEOF (SAID HAV r,
h 122°43 ' 03" ET°BEARING
SOUTH 27°40 ' 07" EAST TO A POINT OF TANGENCY, THENCE $? FE '\
EAST) NCE SOUTH.. 32. 53 C1$
EAST 110. 01 FEET TO A POINT, THENCE SOUTH 08°44 ' 11'' EAST 271 ,59 FEET
TO A POINT, THENCE SOUTH 45°49 ' 11" EAST 662 . 90 FEET TO THE TRUE POINT-
OF BEGINNING
li,
CONTAINS 434398 SQ. PT. 9 . 972 ACRES
• y y.Y.d ii IM.yi J L.li Xwf Fj
i
I t
P o
•
•
•
•
•
~ OCT 1979
THE KOLL CO
e I I
SAFECO TITLE INSURANC1 compA.NY 9011 S. W. l eaverton Bight,ay
QF OREGON Portland, Oregon 97225
P.O. Box 661
Beaverton, Oregon 97005
. FOURTT SUPI'LENENX'TAL TITLE' R:EPO1 T Telephone: (503) 297-4941
10/15/79
U der No. W 130)55 .K
To: COLO J LL BA.NKER
1300 Southwest Fifth
Portland, Oregon ,
Attention: Mike 1)uyrn
customer Ref: ROBINSON / THE KOLL COMPAUY
Standard Leasehold 405,380.00 Premium $929.00
We are prepared to issue a title insurance policy in the form and amount
shown, above insuring the title to the following described land:
•
See attached description,,sheet.
Vestee: See attached vesting sheet
of: 9 8:00 a.m.
Dated ,�s uf. October 16, 1.�7� at
Subject to the exceptions, exclusions and stipulations a
• � ul.ez��.on 'h�.oh are
1� a �
Part; of said policy, and to exceptions as shown herein.
�ti 1 1y, ti aY 4 '� Y�
SAI.ECO �rlI1} .DTISURANC L, OOMPANY
OF OREGON
Thomas P6 r aria "
Title eff cet d
•
•
it
e ti!
o r [1
r__
� tl
r,. w,..», ., .,.,,,,...wMrw., a I •Ir <} _..,,.�+r.R.,„,..y.,.q„w.•an,,,cyr4,...A.m _.«+,y, ” ' Ifd r ,p
i t K
•
Order No. w 13055 K Pace 2
EXCEPTIONS
G..
1. Taxes for the fiscal year 1979-8O, a lien in the amount to be '
determined, but not yet payable, s
2. The asscsat:tcnt toll and the tax roll disclose that the premises
herein described have been specially assessed as Firm Use Land. If the
land becomes disqualified for the special assessment under the etatute,,
an additional tax may be levied for the last ten (10) or lesser number
of years in which the farm use assessment was in effect for the land and
in addition thereto a penalty may be levied if notice of disqualification
is not timely given
3. The premises herein described are within and subject to the statutory
powtere including the power of assessment of the Unified Sewerage Agency
of Washington County.
� County. (An inquiry has been sent concerning the status
of said account and a report will follow if liens are found).
4, Rights of the public and of governmental bodies in and to that
portion Of the premises herein described lying belotu the high water mark
of T anno Creek.
An easement created by instrument, including the terms and provisions
' thereof.
Dated: July 15, 1971•
Recorded: July 28, 1971.
Book: 828 rage 426 Records of Washington County.
In favor of: UNIFIED SEWERAGE ACE C1' OF WASHINGTON COUNTY, a municipal
corporation and County Service District.
For: Sewer.
Affects: A 30 foot wide strip, 15. feet on each side of a center line as
described in said,i'nstrumrnt running Southwesterly from the •°
� y ; .
Era, ,s line of the South portion of Tax Lot 100.
,, 6. An easement created by instrument:, including the terms and provisions
thereof.
Dated: July 150 1971.
Recorded: July 28ti 1971 ,
Took: 828, Pale 420, Records of Washington County
NT
In. favor of: Ui�lk lEU ►��.,�+tbRAG�.� .AGE��C1C OP i��1S��x,trC'1�C��� COUNTY*i u imnriicip1
corporation and County Service Ulstriet.
' ]or: Sewer.
Affectet A
30 foot vide strip,ip, 1� feet on each side of center line �s
described in said instrument running Northwesterly from the
� '
South line to the East line across the Southerly portion of
Tax Lot 100
" r1 r 4.nwwv9e Yxx_..
Ia
a �
A • .
ti
Order No. W 13055 I. Page
•
•
• EXCEPTIONS:
7. An casement created by instrument, including the terms and provisions „
• thereof.
Dated: July 15, 1971.
Recorded: July 28, 1971.,
Book: 828, Page 429, Records of Washington County.
In favor of: UNIFIED I�t ER.AGE AGENCY OF WA$IIINGTON COUNTY, a municipal
corporation and county service district.a
For: sewer.
Affects: A 30 foot wide strip, 15 feet on each side of a center line cs
described in said instrument running through the Easterly
portion, of Thx Lot 200
• , " Lease f M E�
$ Right, title and interest of A AND W �`l�L11�'�����,iT. CO.
Revealed by Memorandum of Option. to Lease herein described Property.
Recorded: October 20, 1977. ('
Book: 1209, Page 840, Records of Washington County.
9. Memorandum of bound sr y including the terms and provisions thereof.
Dated:
May 19, 19/8
• Recorded: June
9' 1978.
Lessor: WILLIAM R. 1
GI1N: N, C.Q wSTANC E A.
ROBINSON,
CHESTER
I .XU11SrOx and EVILXN Z. ROBINSON.
jf
(
Lessee: COMPANY, joint composed of L. Li
SRA+DT, MICHAEL P. ��YN and �U!X JONES. is
The 1esseey e interest in the above lease was assigned by instrument.
•
Da`Ceeia October 2., 197
Recorded; October 9, 1979
To: T
I�E�LL/I�-��CI�T��,� NORTHWEST, a California general
• �.y iy 1�♦r �yq�r y�1 •�i
!,aIIr f.neJ�dhipd
NOTE A.. a.ea fox the fiscal year 1978.-79, paid in full.
Amount: $1.88.
ACtc ount No. KEY 2388e
• Map: 151 3 d 20a
Levy Dade: 108.
Takes for the fiscal year 1078-79, paid in inn.
r Amount.' , 270.000
Account No.: KEY 0262897 p
acauu.
hap: 1S1 34AA 00100
Levy {ode 4 745. j f
.• , ' I 1 i
0rdOr No W 13055 K rage No. 4
EXCEPTIONS:
. + Taxes fer, the fiscal Year 1977.-780 paid in
Amount,: 821.17
Account No.: : KEY 262904.'
Hap: 151 34AA 00100.
Levy Code: 873.
` axc for the fiscal year 1,978-790 paid in full.
Amount; $35.05
Account No.s KEY 262922.
Ma;); 1S1 34A& 00200.
Levy Code: 745«
Taxes for the Li.scal year 1978.-79, paid in full.
Taxes
Amount: $10.32q
Account o.A KEY 0262931.
Map:: 1a 1 341, 00300
Levy 004e; 745.
Taxes for the fiscal year 1978N-79* paid in full
Amount: $14.94.
Account No.: KEY 273233
map: 151 355 01700.
Levy Code: 108.
NOTE t': We find no S . States
. . ;'. � In nub �.���
against st A AND W EQUIPMENT CO. A.DD, COMPANY ' . L. Brx Internal eve
N �rare ��'nt� or United ,��a 4� tc
LIY1
Euct of Report
cc: T. L. Brandt company
Davies, 3i g M, Strayer, Stoel ajt
Stev? t r:4.Uik
ldb
• r .
IA
k �,I
A s,
order No. Cal 13055 I<
is
VE TIILC
CHESTER ROBINSON and EVELYN Z. ROBINSON, as tenants by the entirety,
s ne—h inte
a.. t:oar
i txncl3.�rt.de�I. one reef and WILLIAM ROBINSON and
CONSTANCE ROBi S0I , as tenants by the entirety as to an undivided
oneh.nlf interest, together as tenants in common, as to Tax Lots fit'
100 and 300.
WILLIAM R. ROBINSON and CONSTANCE A, ROBINSON, as tenants by the .
I f
entirety, aS to Tax Lot, 200.
CHESTER L. RoBINSON and EVELYN Z. ROBINSON, as tenantS by the t -
entirety, as to ITax Lot 400.
VILLIAM R. ROBINSON and CONSTANCE A. ROBINSON, u tenants by the
4 entirety, as to an undivided one-half interest and CHESTER L.
ROBINSON and EVELYN Z. ROBINSON, as tenants by the entirety, as to
an undivided one—halt interest, together as tenants in common as
to Tax Lot 1700.
!I'
4` t
r I I
I l
. A
4 O� . ' 1.
•
W 13055
•
DESCRIPTION
Situate in the Northeast quarter of Section 34, and the Southeast
quarter of Section 27, and the Northwest quarter of Sectio',t 35,
Township 1 South, Inge 1 West, Willamette Meridian, Wash!,,ngtort
County Oregon and being described as follows:
Beginning at the intersection of the Westerly right-of-way xto
•
of the Southern P acific Railroad and the North line of said r,ection •
34, and said Point being North S9°' 52' 50" West on said North line,
a distance of 327.71 feet from the Northeast corner of said Sec-
,
Lion 34, a stone found; thence North 89° 52' 50°° West on said
North line and Northerly Sri;ht-of-way line of said Southern Pacific
Railroad a distance of 26.50 feet; thence leaving said Northerly ,
lines and running South ° 15' ., " East on said Westerly right-of
uth 7.9 15 29 Ea
way line aadistance of 2047,46 feet; thence leaving said Westerly
S ,-, Y and runnir ,' North 89" 52' 50" West, on the East-
)
erly extension of the Noxth line of that tract conveyed d in Book
510, Page 110, Deed Records, said C44q,nty, a distance of 777.00 feet
Northwest carrier of said tract; said
to tli�.. �' , point also being on the
East line of the recorded plat of Black Bull; thence leaving said
North line and running North 0° 22' 24" West on said East line a
distance of 10,45 feet to the Northeast corner of said Black Bull;
thence leaving said East line and running on the Northwesterly lines
,
of said Black Bull the following courses:
• West,
� 83° 38' 25" West, 4342�4 feet; thence North 00 19' 12"° j�E..st,
145.94 feet; thence North 45° 53' 43" West, 31',',/.12 feet; thence North 1
61 44' 1d" West, 28,58 feet i_ r ° 36' " 109.04 '
feet; thence North 4 26' 48 West, 170.86 feet .
thence North 70 3C� ]Il West, ].0
a , to the most Northerly
northwest corner of said Black Bull; said point also being on the
fast line of the recorded plat of Englewood; thence
leaving said
a Northerly line of Black Bull and running on the East and Northeast •
eriy lines of said Englewood the following courses:
4 0° 06' 01" `West, ,590 L d 59' "
North
1.1 feet; thence North 00 02" West, '
North 84° 23 47 West, 85.66 t « 9" We
• 454.05 feet, thence Worth 72 43' 40" West, 246 16 feet t
� ,r1 ro
,• 4 . r '" is tie North 47° 03' 29" ores.,
feet; thence
161.39 feet; thence South 77 32 52 West, 173,59 feet to a point
. on the Southerly right-of-wily ling of Southwest Scholia Ferry Road
(County Road #348); thence leaving said Englewood and running on the
South right-of-way line of Southwest Scholls I erry Road the folloWtng
coursesa
• North 59° 34' 22" East, 932435 feet; thence North 724 42' 44" East,
•
20.30 feet; thence North 630 11' 12" East, 501,68 feet; thence North
50° 19' 29" East, 207.37 feet; thence north 54° 21' 36" East 151:21:
feet to a
point or the We right-.' ...Way line of oaid 8outhert Pacific a
G ; 4:..,, 'v ",. • . .1 a S
Railroad; thence leaving said South right-of w`ay line and running South
'"
r
' lino, of 408,82
190 1.5° 29i� last on said wtesl: right of wsny a distance
feet
to the point of beginning
• R 1
. Gp
CITY OF TIGARD, OREGON
ORDINANCE No. 79.8 7.
AN ORDINANCE AMENDING CHAPTER 18. 12 OF THE TIGARD MUNICIPAL CODE RELATING TO
TANK FUEL ,TANK ZNS P.
TLLATIO'y FIXING AND FING-AN EFFECTIVE DATE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS
SECTION 1: Chapter 18. 12 General Provisions of,the Tigard Muncipal Code are
v
g 20 Fuel Tank Installa-�
amended adding the following: Section 18..12► i
tions a,.,.
(a) All above ground fuel tank installations are prohibited.
(b) Underground fuel tanks may be installed in all zones. An
application for a Conditional Use Permit must be approved by
Planning Director prior to, installation., Application for
the P�.
this Conditional Use Permit will be accompanied by a signed,
approved document from the Fire Department. The Planning
Director may require that additional conditions be met for
approval, of this permit.
SECTION 2: This ordinance on the 31st day following its
rdinance shall. take effect
and signing
PASSED:. b , number and title only, th,ts .
B the. City Council b vote of all. Council: member
present, after being read two times y y, s,
day o f �� 1979,
.el .c
Recorler City of ',T' rd
SIGNED: BY the ll:1y r this day of 1979
• ~ .•'y ,N�IY�y
'"-'Mayor - City of Tigard
i
Q�.lDINr�.1VCE "No. 79-87
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12420 S.VI.ivlain
Tigard,a,cgon 97223
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September 4, 1979
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Mackenzie/Saito &r Associates
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' .,, ' 2850 NW 31st IAvenue
'',. Portland, Oregon 97210
ir. Re: ZC 26-78
Dear Sirs:
' inclosed ,s a copy of Ordinance No. 79-75 which was approved by the Tigard City '
'r Council at their regular meeting of August 27 1979. Your request was approved
with the following conditions as set forth in the enclosed ordinance.
1. That the greenway be dedicated by lease hold to the City with a
contractual agreement to include a. .- ve year maintenance program
by Kell. Business Center. The dedicated greenway boundary and
maintenancu program shall be reviewed and approved by the Public
Works Director and City's Legal Counsel shall draft and approve an
agreement for the greenway use prior to issuance of building permits.
2. That the proposed public road be dedicated to the City with an 'agree•-
b merit that Koll Business Center be responsible for the total installation
and maintenance to collector street standards prior to issuance of
buildin g permits. A P
performance bond shall be posted to insure compliance.
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3. That the access point onto Scholls Ferry Road be aligned where the state
I Highway Department indicates
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4. That any right-of--way and improvements along SW Scholls Ferry Road be
completed as directed by the State Highway Division prior to isuarice
of building permits or that a performance bond be acce7ted by the City.
4, 5, That the applicant submit a site plan, drainage plan,, construction
elevation drawings and landscape plan to the Site Design Planner for
approval prior to issuance of any permits:
6- No Occupancy Permits shall be issued until all conditions s have been
satisfied and approved by the Planning Director and final. inspections
have been made by the Building DEFic 1 al.
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7' No Building Permit will be issued until a sewer facility is 'available'.
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Mackenzie/Saito & Associates
Page 2 September 4, 1979 + .
$. No changes will be made to approved plans or specifications unless
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formal, a l�.c�tion is made to r,.. •appropriate department and changes
PP the a ro r�.ate departm ges
are approved by that department. A lications for ch naos will be
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made in writing and shall include applicable drawings, engineering
specifications and other details requested by the department. No
construction shall take lace in these instances until after the changes
{l' have been approved. Any deviation from this condition will result in
r the immediate posting of a stop work order on the project or any portion
a of the project.
9. That the applicants a PP l y for and receive a PP rovl of a subdivision c
plat for the project indicating the phasing of development.
10. That the number of parking spaces provided shall comply with the i.
current ordinance.
If You have any questions regarding this matter, please free to
}}��[[�� Y Y �, g �, matter lease feel f contact
Sincerely,
•
Doris Hartig
City Recorder
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NOTE: The following ackno
Tledg received must be eceived by the City of Tigard
within fourteen (14) days of your receipt of this letter. Failure
to return this acknowledgment may result in action by the City of Tigard.
acknowledge"
I �led e this letter documenting the action of the Tigard hereby � g ; Cty ],
Council.
rid read this letter and I agree to the decision here documented m
I have received a
and to abide by any terms and/or conditions attached.
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Signature'
4` cc: Mr. & Mrs. Robinson
12000 SW Bull Mt. Rd, _... —___w
_.__.__
Tigard,aid, OR 97223
Date
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INDEX
I Statement of Goals and Objectives
II. Declaration of Conditions, Restrictions, Terms, Convenants
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III.' Relationship of Plan to Standards for Underly in g Districts
. ' IV. Uses Planned for Development
e Greenway I • •
eenway to City of Tigard
V Intention to Subleas ,
VI. Legal Description of Greenway
r 1 VII. Ded t ats an of Roadway
'" VIII. Legal Description of Entire Tract
IX. Market Analysis
X. Copy of DEQ Parking Permit
XI. Property Tax Impact
XII. Flood Plain Di,stra ct
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CONTRACTOR
May 3 , 1979
R�•
Planning Commission
, Members of t he Planning nin g Staff
1,', City of Tigard
12420 S .W. Main Street
Tigard, OR 97223
Gentlemen:
As a part of our general plan submittal for Koll Business
Center - Tigard on Scholls Ferry Road, City of Tigard, I
am enclosing this list of goals and objectives of The Roll
Company pursuant to obtaining general plan approval from '
the City of Tigard.
GOALS & OBJECTIVES
1. Absolutely minimize impact on and modification of flood
plain. To donate the flood plain area to the public as
a passive greenbelt recreation area.
2. To develop a low densit Y a low rise, tastefully planned
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and designed business/office/light industrial park with
high quality fi . landscaping, a mple off-street.
parking ,
building setbacks and strict occu p anc y regulations .
3, To attract to the park, a broad spectrum of business ,
[1 office and industrial uses that will all comply with
strict standards of operation and performance so as to
eliminate an negative effects on the surrounding resi-
dential community. Such standards shall prohibit out
U side storage, obnoxious or dangerous uses , and other
detrimental inf luences such as noise, glare, smoke; etc
- 4. To provide a clean, attractive cti
ve environment within. which
the employment base in Tigard can grow and by our oper-� ..
M _ " . City operation of 0,
r y�tions contribute funds to the Cat for o e
vital services, and to the public via payrolls ,
9805 65
2723 ���. • Re�man�C � 1��shln tor1 2 � (�06) 885 57
2723152hd VBhU�e
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Planning Commission •
Members of the Planning Staff
May 3, 1979
Page 2
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. To perpetuate our corporate philosophy of total Koll
Company responsibility for upkeep and maintenance of
T Project and for payment of all real estate •
entire ro `
taxes , fees ,the en' charges , etc, payable to City of T'
� � g p y y f igard
governmental g
and other overnmental a enci es ,
6. To have onsite local Koll Company personnel as mono- '.
;`n gers and to expect these people to -actively inter-
;, . face with the City of ! Tigard and its residents . .
` 7 To adequately plan for and financially participate in ..
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the solution of the traffic impact on Scholls Ferry
!
Road.
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If I can be of any assistance in enlarging upon or ex- .
plaining any of these goals , I would be very happy to do
sa. - :
erformancewith�the Koll Business Center
All of the above goals and objectives can be demon
strafed by our p
in Beaverton.
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Section IZ
Declaration of Conditions, Restrictions, Terms, Covenants i -
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DECLARATION OF CONDITIONS, .
RESTRICTIONS, TERMS, COVENANTS
, AND EASEMENTS OF
KOLL BUSINESS CENTER, TIGARD
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PREAMBLE .
THIS DECLARATION is made as of the , day of
44 , 1979, by KOLL/INTEREAL NORTHWEST, a ,
' California general partnership consisting of as general part
ners: THE KOLL COMPANY, a California corporation: INTEREAL
° COMPANY, a Tennessee corporation, and KOLL NORTHWEST ASSOCIATES,
' LTD. , a California limited partnership (hereinafter collectively
'
referred to as "Declarant") . Declarant is the holder of a long
:
term lease on certain real property located in the City of
.' Tigard, County of Washington, State of Oregon, and further des
cribed in Exhibit ,A attached hereto and by this reference in°-
corporated herein (hereinafter referred to as the "property")
Declarant is about to sublease, rent or otherwise •
convey, consistent with the terms under which Declarant
. possesses it, the property to various individuals, associations,
corporations, or other entities„ It is the intention of De
clarant to impose up on the property Certain conditions, re-
strictions, protective covenants, and :asements which will apply
to all land and improvements thereon ald to all future 111P. 1
. p odoupant:s .
• thereof
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that the design n.t o I ,.
( . .:, s 444. , • .. ' , . ,0 ) '
.� intends th nand develo me
Dec arant inters
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the area subject to this Declaration shall be consistent with
the aims and ideals of the Declarant as set forth herein. It
is the purpose of this Declaration to provide a means for
maintaining and controlling the improvement
and development of
i rit of the the property so that the design and integrity ro' �A
. p p Y g g y project ect .y
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i will be maintained. It is assumed that the occupants of por-
tions of the property will be motivated to preserve these ,
qualities g cooperation by g only through mutual coo eraton and b enforcing not onl
the letter but also the spirit of this Declaration.
ARTICLE I
GENERAL PROVISIONS ;,
Section 1. 1: Establishment of Restrictions. Declar-
ant hereby covenants and declares that the property and every
part thereof or interest therein is now held and shall herein a,
after be held, transferred, sold, leased, hypothecated, encum
y,
tiered, conveyed and occupied and built upon subject to the
restrictions herein set forth, each and all of which is and are
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for, and shall inure to the benefit of and pass with each and
every portion of or interest in the property and shall apply to
• every occupant thereof, and their heirs, successors and
assigns, These covenants, conditions, restrictions` and ease- . 4-
y
meats shall run with the property, and every part thereof or i
therein, and shall
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interest he , g persons o
. •, titles having or acquiring any right, title or interest in the -
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property, or any part thereof, and shall benefit each occupant
of the property, or any part thereof or interest there;_n, and
such covenants, conditions, restrictions and easements are .
hereby imposed upon the property and every part thereof or
as a servitude in favor of each an
intee rest therein a and every por-
tion thereof as the dominant tenement or tenements.
Section 1.2: Purposes of Restrictions. The purpose
of these restrictions, among other things, is to insure proper
�:• development, use and maintenance of the property, to protect
` each occupant of any portion of the property against improper
development, and use of other portions of the property which ;
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will depreciate the value of such occupant' s portion, to prey- (y`„
vent the erection on the property of structures built of im-
y, proper design or materials, to encourage the erection of . .
attractive improvements at appropriate locations ,ovations , to prevent
haphazard and inharmonious improvements, to secure and main-
n taro p ro p er setbacks from streets and adequate free spaces be-- t • ,
i tween structures, and in general to provide adequately for a •
high type and quality of development and improvement of the
property in accordance with the aforesaid development stan-
d.ards as the same may be modified or amended from time to time p
Section 1.3: Definitions. As used herein, herein- '
above and hereinbelow, the following terms shall have Lhe foi-
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lowing meanings unless the context otherwise requires ' .
(a) '`Improvements" shall mean and include structures '
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' and construction of any kind, whether above or below the land
surface, including but not limited to buildings, outbuildings,.
walls, water lines, sev.zers, electrical and gas distribution
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facilities, walkwa ys , fences, hed g es, mass plantings, p oles,
♦, ' l '
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signs and any other structures of any type or kind.
4r. "Declarant shall mean KOLL
(b) Declaran KOLL/INTEREAL NORTHWEST/
° a California general partnership, consisting of as general
partners. THE KOLL COMPANY, a California corporation, INTEREAL
, COMPANY, a Tennessee Corporation, and KOLL NORTHWEST ASSOCIATES,
LTD. , a California limited partnership.
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;(c Property shall mean the real property
. cribed in the attached Exhibit "A" .
(d) "Occupant" shall mean lessees and those persons
• entitled by ownership, leasehold interest or other legal re '
Y . lationship to the exclusive right to occupy any of the Property.
''� (e) "Development Standards"
' ' shall mean the Industrial
Park Zone M-4 and related requirements placed thereon by desig-
nating the development as a Planned Development District as set
forth` in the City of Tigard, Oregon Zonang Ordance, Title 18
1/15/"78.
k ARTICLE II
APPROVAL OF PLANS
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Section 2. 1 Method of Approval. No improvements ;'
shall be erected, X. aced, altered, maintained or permitted to �!
remain on any portion o the property subjedt to this Declaration
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until plans and sPecifica.tions showing the plot layout and all
exterior elevations with materials and colors therefor %. nd
structural designs, signs, and landscaping, as well as a separ-
ate set of plans prepared by the occupant setting forth in de
tail the occup ant' s maintenance program for the site, shall have
been submitted to and approved in writing by Declarant. Such
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plans and specifications shall be submitted in writing in dupl -
cate over the authorized signature of the occupant of the or
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tion of the property to be so improved, or his authorized
!. agent.
Section 2. 2: Basis for Approval. Approval of the
plans and specifications shall be based, among other things, on
via
by'
the adequacy of the structural design of the improvements,, con-
formity and harmony of external design with neighboring struc-
tures, the effect of locations and use of proposed improvements
on other improvements on the property, the nature of other
improvements on the property, and the types of operations and
uses thereon, the relation of topography, grade and finish
ground elevation of the portion of the property being improved
to that of other portions of the property, the proper facing
of the main elevation with respect to nearby streets, the
adequacy of maintenance plans, and the conformity of the plans.
and specifications to the °
1 p purposes and general plan and intent
of this Declaration. Declarant shall not arbitrarily or un-
reasonably withhold its approval cf such plans and specifications
or other matters required to be a pproved p ursu ant to th
this Article,
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Section 2. 3: Result of Inaction. If Declarant fails '
either to approve or disapprove such plans and specifications
within forty-five (45) days after the same have been submitted i,
to it, it shall be presumed that Declarant has approved said ' ,
plans and specifications; provided, however, that if within said 4,
" " forty-five (45) day period, Declarant gives written notice of L.
the fact that one additional forty-five (45) day period is re-- ' '
quired for the examination and review of such plans and
specifications, there shall be no such presumption that the z '
same are approved until the expiration of the additional forty-
five (45) day period of tim;o as set forth in said notice.
a ' , Section 2. 4: Proceeding with Work. Upon receipt of
approval from Declarant pursuant to this Article the party to
whom the same is given shall, as soon as practicable, satisfy
all conditions of such approval and diligently proceed with the
•
commencement and completion of all approved construction and
alterations. In all cases work shall be commenced within one
(1) year from the date of such approval. If there is a fail
•
tare to comply with this Section, then the approval given purr
w• suant to this Article shall be deemed revoked unless Declarant
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upon request made prior to the expiration of said one (1) year
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period Extends the time for commencing such work.
Se.>tion 25 Completion of
p Work. After commencement
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of the construction and alterations referred to in Section 2 ,4 v
above, the work shall be diligently prosecuted so that the per-
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, *..: It'l tion of the property to be improved shall not remain in a
partly finished condition an y lon g er than re asonably necess-
ar i
-ty.r the completion thereof. With regard to excavation,
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and without limiting any other provision of this Declaration
or of the Development Standrards, no excavation shall be made
on, and no sand, gravel, soil or other material shall be re
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moved from the property, except in connection with the con-
tion . .
_ struction or alteration of improvements approved in the man-
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ner set forth in this Article. Upon completion of any such
operations, exposed openings shall be backfilled and disturbed
ground shall be graded, leveled and paved or landscaped in
accordance with the previously approved plans and specfica
1 tions contem p latad in this Article. In any event completion
of construction or alteration of such improvements shall be
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within two (2) years after the commencement thereof except for
so long as completion is rendered impossible or would result
• in great hardship due to strikes, fires, national emergencies,
natural calamities or other supervening forces beyond the
control of the occupant or his agents In addition, and with
out limiting any other provision of this Declaration or of
the Development Standards, landscaping (in the manner pre
r'" by pursuant provisions ions of
viously app- oved b Declarant ursuant to the rove
this Article) shall be installed d 'within ninety (90) days fol-- � .
lowing the occupancy or completion (whichever shall first
occur) of the improvements After such completion of the
improvements revemen is there shall be no material change in the aforesaid
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iprovements or maintenanc e pans t
improvements ,��ereof without prior ° .: .
Fipproval in writing by Declarant in the manner contemplated *'
in this Article. Failure to comply with tills Section shall
constitute a breach of this Declaration and subject the de - .
. faultin g Party or parties to all enforcement procedures set
forth in this Declaration and any other remedies provided by
law or equity.
. . i thirty(30) days after written demand : 1 delivered to Declarant and
upon payment of a reasonable fee (not to exceed $50. 00)
• .• established by Declarant, there shall be recorded an Estoppel . .
-. establishA
Certificate executed by Declarant and certifying that as of
the date thereof either (a) all improvements made or other
work done by the occupant or its agents complies with the re- -
qurements of this Declaration, or (b) such improvements or
work do not so comply, in which event the certificate shall
identify the non-complying improvements or work and set forth
with particul.arlity' the cause or causes for such non-compliance.
Any lessee, purchaser or encumbrancer in good faith for value
• shall be entitled to rely on such certificate with respect
*o the matters set forth therein, such matters being conclt
sive as between Declarant and all such subsequent parties in
interest
Section 27 Liability. Declarant shall not be ,.
liable for ahy damage, loss or re ud.ice suf f erF:d or claimed g p
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on account of (a) the approval of disapproval of any plans, fl
drawings and specifications whether or not defective; (b) the
, i construction or performance of any work whether or not pur-
suant to approved plans, drawings and specifications; (c)
p of any part of the property or (d) the exe-
the development Y P ]°
cution or filing of an Estoppel Certificate pursuant to the -
preceeding Section whether or not the facts therein are cor-
e
recta so long as Declarant has acted in good faith on the
basis of actual knowledge possessed by it.
Section n 2. 8: Review Fee. An architectural review
paid time as plans and .
fee shall be aid to Declarant at' such t
specifications are submitted for approval based on the fo1-
t.
lowing schedule:
(1) When the plans submitted are prepared by a
licensed architect, ' .,he architectural review fee shall be One
Hundred Fifty Dollars ($150. 00) .
(2) In all other cases the architectural review
fee shall be Three Hundred Seventy Five Dollars ($375. 00)
ARTICLE III
LIMITATIONS ON IMPROVEMENTS
Section 3.1: Improvements RestriOted bpi'_Develop-
ment Standards, Under the Development Standards, it is
• presently contemplated that portions of t
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will be
the Property t
improved both for indistrial and commercial sites The
limitations and restrictions on such iinprove.nen
limitations t5 are set, ,
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forth in the Development Standards and are hereby declared to
so limit and restrict the industrial and commercial improve-
Presently subsequently
ments in the manner resentl set forth or to be subse y
set forth in said Development Standards. Said limitations
and restrictions presently include limitations and restric-
tions on Maximum Building Areas, Maximum Building Heights,
Minimum Setback Lines (including the front, side, and rear
yard setbacks) , Maximum Site Coverage, Parking, Landscaping,
Loading Areas an0 Storage Areas.
Section 3.2: Other Improvements Prohibited. There
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shall be no other improvements whatsoever permitted on th
property other than those improvements referred to in Section
3.1 above, and subject to the requirements of approval set
forth in Article II above, as limited and restricted in the
manner presently set forth or to be subsequently set forth in
the Development Standards.
Section 3 .3 : Guarantees to Occupants. In the event
a proposed improvement is permitted by the Deve lopment Stan
dards (as said document reads at the time of such proposal)
and such improvement's erection, placement or alteration is
approved as to Plans and specifications in the manner
specified in Article II hereof, such improvement' on
S erection,
Placement, or maintenance shall` not then be subse uentl
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hibited by Declarant as to the particular portion of the
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�ro ert:..: on which the improvement is to be erected, la
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maintained, by reason of any subsequent modification or amend
ment of the Development Standards or this Declaration. It is
' the purpose and intent of this Section to guarantee to
occupants that no such modification or amendment by Declarant
t,.
of th'e provisions (reference or_ otherwise) of this Declaration
1. pursuant to Section 5.2 below, shall alter or affect the .
rights of such occupants to improve their respective portions '
of the property in accordance with plans and specifications
previously approved pursuant to this Article.
ART2CLE IV
REGULATION OF OPERATIONS AND USES
Section 4.1: Permitted Operation and Uses. Subject
to any more restrictive limitations herein set forth, the
. 1 property may be used and improved for the purposes and uses set
forth in the Development Standards. The limitations and re-
strictions on such use and improvement are set forth in detail
in the Development Standards, and such limitations and restric-
t
Lions are hereby eclared to so i
o l m t and restrict
the. us
Y use and
im rovement of the ro ert and ever portion thereof in the
P p P Y Y'
P
manner set forth in the Development Standards, and such uses
shall not contribute excess noise, dust, smoke, vibration,
odor, or toxic or noxious matter to the surrounding environ-
ment r nor contain a high hazard potential al due, to the nature of
the products, materials or processes involved.
11n
.....r.. .a...r . ..,..w �u
Y w ' ._. ... .�.,, _ .. ,. _
1
•
• .r
'
Section 4.2: Prohibited Operations and Uses. Sub-
ject to the requirements of Section 4. 4 below, there shall be
prohibited on the property certain industrial and commercial
operations and uses as presently set forth in or to be sub
sequently set forth in the Development Standards.
Section 4.3: Other Operations and Uses. Operations
and uses which are neither specifically prohibited nor
,
isP ecfica'
specifically authorized in the Development Standards as
the
same reads at the time, may be permitted in a specific case
only if operation plans and specifications are submitted to
and approved in writing by Declarant. Approval or disapproval
of such o p eration plans and specifications shall be b ased upon
the effect of such operations or uses on other property sub-
ject to these restrictions or upon the occupants thereof. If ' .
pP disapprove operation
o
Declarant fails either to a rove or disa rave such erat
o
plans and specifications within forty-five (45) days after
the same have been submitted to it, it shall be presumed that
• 1 Declarant has approved said plans and specifications, pro-
vided however, that if within said forty-five (4 5) day
period, Declarant gives written notice of the fact that one
additional forty-five (45) day period is required for the
examination and review of such plans and specifications, there
•
shall be no such presumption that the same are approved until
y period of i
the expiration of the additional forty-five (4S) da
time as set forth in said notice. Neither Declarant, nor its
1
2
G
1„
h
i I
i
�1 A
fi
I .I
I ..._ ,.a ...+..�..1..l._,.„. _ _L.;l. t.., ,.Nr .
l
successors or assigns, shall be liable in damages to anyone sub-
for approval,
mitta.ng operation f erat on plans and specifications to them o app
or to an y owner or lessee or other party occupying land
effected by this Declaration, by reason of mistale in judgment, '
negligence or nonfeasance arising out of or with the approval
or disa pp roval or failure to app rove any such operation
plans ..
and specifications. Every person'who submits operation plans
and specifications to the Declarant for approval agrees by
' submission of such plans and specifications, and every owner
and lessee of the property agrees by acquiring title thereto
a a
or..interest therein, that he will not bring any action or ;
suit against Declarant to recover any such dama g es t
• Section 4.4. Guarantees to Occupants. In the
0
event an operation or use is permitted by the Development
Standards at the time Such operation or use is undertaken by
p p
an occupant, or in the event an operatiox or use is permitted
an occupant as contemplated in Section 4. 3 above, then such
operation or use shall not subsequently be prohibited by
u
Declarant as to the particular occupant so operating or using
de
its respective portion of the property, despite any subsequent
modification or amendment of the Development Standards. It is
the purpose and intent p p ent of this Section to guarantee to occu--
1 pants that no subsequent modification or amendment by Declar_
ant of the provisions (by reference or otherwise) of this
Declaration ursuant to Section 5.2 below, shall hall alter or
C., . ' • ) \ , ,
i. 13
V
I ...a...,. r., ...:..._ r.».l. ...rr......+1 rL.J r.a.c-Oka.....
L
g s existing p to
af�ect the rights of 'then existn. occu ants to continue t
' operate or use, their respective sites in accordance with the
4. operation and uses previously permitted pursuant to this
rr
1
Article.
ARTICLE V
DURATION, TERMINATION, MODIFICATION
'w� AND ASSIGNMENTS OF DECLARANT'S •
RIGHTS AND DUTIES
. /
Section 5 . 1: Duration of Restrictions. This De-
claration every provision hereof and every covenant, condition '
and restriction contained herein by reference or otherwise, as
any modifications thereof (except as otherwise pro-
,
well as ayrn ( p P
vided in such modifications) shall continue in full force and
rr
effect for a period of thirty (30) years from the date
hereof.f
�-� to thirty
However, unless within one (1) year prior t
;30) years from the date hereof, there shall be recorded an
instrument directing the termination of this Declaration
signed by owners of not less than two- thirds (2/3) of the
property then subject to this Declaration, (such ownership'
to be determined on a square footage basis) , this Declara
Lion, as in effect immediately prior to the expiration date,
shall be continued automatically w tzort an y
further notice
period for an additional pe od of ten (10) years and thereaft er for i
successive periods of ten (10) years unless within one (1)
year prior to the expiration of any such period this Declara-
tion is terminated as set forth
above in this Section:
) C.
j. .
14
Section 5.2: Termination and Modification. This
Declaration, or any provision hereof, or any covenant, con-
dition or restriction contained herein by reference or other_
II
wise, may be terminated, extended, modified or amended as to
} the whole of the p p y any portion thereof with ro ert or th the
r ,�
written consent of the owners of seventy-five e (75) per cent of
1 _ the property subject to those -restrictions, based on the
number of square feet owned as compared to the total number
of square feet subject to this Declaration; provided, however, •
that so' long as Declarant owns any interest in the property
whatsoever, or for a period of twenty (20) years s from the
effective date hereof, whichever period is shorter, Declar- a
ant acting alone may modify or amend the Development
Standards as to portions of the property owned by Declarant
at the time of such modification or amendment,time t, provided that
O such modification or amendment is within the spirit and
overall intention o f the g eneral Plan of development set
forth in this Declaration, the exhibits thereto, and the
Development Standards; (ii) Declarant obtains prior to such
modification or amendment any necessary approval from the
City of Tigard and any othe r appropriate governmental
(iii) modification or. amendment of the Develop-
agencies; (iia.) any
ment Standards pertaining to the type of improvements and/or
P g
uses an ., y . portions of
• permitted d ortion
and �,��.rations` 'to be ermined on uncc�nve e
the property are not modifications or amendments that provide
�.5..
}
}
r t
'Wn✓
6
types improvements and/or uses and ,operat�
for t es of im roventenons not
presently provided for in the Development Standards; (iv)
• 1 that any such modification or amendment does not alter the
"Guarantees to Occupants" set forth in Sections 3.4 and 4
r .
above; and provided further that nothing contained herein
• r
shall be deemed to prohibit occupants from enforcing the
' provisions (by-reference or otherwise) of this Declaration
among each other. All terminations, extensions, modifica_ r.
tions or amendments of this Declaration (but not of the
Develo ment Standards) shall not be effective until a Proper
p ) p p
g executed g and
instrument in writin has been executed a
nd acknowled ed an
recorded in the Office of the Recorder of the county in
which the property is located. '
Section 5. 3: Assignments of Declarant' s fights
and Duties Any and all of the
_ � y' rights,ri hts, powers and reserva- •
tions of Declarant herein contained may be assigned to any
person, partnership, corporation or association who shall
be either (1) a
partnershi p (limited or g eneral)
or corpora-
l
tion seventy-five (75) percent of which shall be owned by
then existing stockholders of Declarant; (2) a urchaser
p .
' from Declarant of a substantial interest in any remaining
portion of the property owned by Declarant.; (3) a person,
corporation or association comprised of any or all of the
occupants (or a committee thereof) of the other portions of
the property; (4) a corp oration r pa rtn ers hi`p 0 Joint
venture,
• ..,w�...•�,_r,nr .... .r,., ,r.r.rr.. .,,. .r r,r,.rr . .., , , .,., .. r•. .... ..,.r. .r r r . s.r r. ... ..., ._r. r.r. .....r ...r. .r . ,...... r w +
r .
t
. . . .
,
„,
association or other entity organized, established or pur-
chased by Declarant (or by a parent, subsidiary or affiliated
of Declarant) pursuant to, but not limited to,
corporation p
any corporate acquisition, merger or business reorganization;
or (5) the then members of the Architectural Committee re-
ferred to in Section 5.4 below. Any such transferee person, ; '
corporation, or association shall also be required, pursuant
to said transfer, to assume the duties of Declarant pertain
ing to the particular rights, powers and reservations assigned,
� •
and upon any such person, corporation or association evidenc-
f
Ir,
ing its consent in writing to accept such assignment and t ,
I 4.
assume such duties, he or it shall, to the extent of such
assignment, have the same rights and powers and be subject
to the same obligations and duties as are given to and
4
assumed by Declarant herein. The term "Declarant” as used
1, herein includes all such assignees and their heirs, successors
and assigns. If at any time Declarant ceases to exist and has
r
not made such an assignment, a successor to Declarant may be
appointed in the same manner as these restrictions may be `
1 I sm
o
terminated, extended, modified or amended under Section 5.2 of r
this Article V.
section 5 .4: Architectural Committee. In addition
to the termination provision of Section 5.2 above, at and
time after sale of seventy-five (75) percent of the property
subject to this Declaration, Declarant may also exec`ite
17
H
. , • ' • , ,
' I
!
I
I
I ,
r acknowledge and record an instrument appointing an Architect
ural Committee to assume the rights, pow' r,,a�d reservations
of Declarant hereunder. Thee aforesG,,_.... ,yistrument may in
`,addition set forth rules of procedure for such commit'Lee.
ins such instrument: or in an amend-
! provided u
.Unless ,other��ise
' F IN ment thereto, meetings of any Architectural ;Committee_thus '
appointed abe called an memb er th er eo f up on seven n (7
)
days written notice to each committee member of t,',e time and '
', place thereof. Such notice' may be waived in writing at any ,
. time by any member or members not so notified. , Fifty percent
(50%) of the members) of 'th.e Committee shall constitute a
uorum. The Committee ma act' b r vote of ' a 'ma'orit olf its 1
Y Y
members resent at meetin duly called, at which a quorum is
.. p g.r Y q
. . ' present or without a meeting by unanimous written Consent of
its m b .-s on re ordat.ion of such an instrument the
�.t members.a Up c
rights, powers and reservations of Declarant hereunder (and '
nee of D
of Declarant assig eclarant pursuant, to Section 5.3 above) ,
I
shall terminate. At any time and fro time to time after
recordation of such 'instrument; the owner weer or owners of at• I
least fift erceni (50%)I of S,ueh ro ert b e ecutian,l
Y P
P Y Y
acknowledgement and recordation of an amendment thereto, mar '
o �
a oint new members 'to the Architectu
pp _ ral' Committee remove
, ,
may p les pro-
members therefrom, arYd ma ':alter any procedural ru
vided therefor.
ARTICLE VI
' , ENFQS C MNi.'
I
N.....,...♦..... .L..n.r:...u.....w o..r ...w. r.«» »..�.yrwna.•..rwnnM.NMxwr.Srnalx`+�+mcp 9.�
•
.
Section 6.1: Abatement and Suit. Violation or
4
•
\.
• breach of any restriction herein contained, by reference, or
g
otherwise, shah give the Declarant the. right to enter upon �
that portion of the property upon or as to which said viola-
tion or breach exists and to summarily abate and remove at
t the ex p ense of the occupant,_ an y improvement `or condition
that may be or exist thereon contrary to the intent and '•
y y t_ nd
e of
meaning of the provisions hereof (by otherwise) ,
reference or
or to prosecute a proceeding at law or in equity against
the person or persons who have violated or are attempting to �-
violate any of these restrictions' to enjoin oin or , them 1 1,
Y � Prevent t.
from doing so, to cause the violation to be remedied or to Ii
d violation. H .
g lation. Tn addition, and without
recover damages for sal
l.
any of the foregoing rights, Declarant shall also b
e
•
entitled to claim reimbursement from any such occupant of
the portion of or interest in the property subject to such
abatement for the ex p enses of enterin g u p on such portion of
• 1 the property and/or improvements and abating and/or removing
any improvements or condition as aforesaid by causing y p condition y g sa:1d claim r
for reimbursement, together with interest :thereon at the rate '' •
of tel., percent (l0"s) per annum, to become a di,.:ect lien on
the subject portion or interest in the property and/or improve- ir
meats themselves; as the case may be, effective upon the res
cording of -a notice thereof in t.. ' office in the
s
he Recorder
county in which the property is located, or in such other office . ,
\\---' t'',, 1 H
� I
II�
1
.1
4,. .
i
E ,
Ir
as may from time to time by law be charged with maintaining
the public records. Such lien, however, shall be subordinate
g g
to
any first mo;ct a e or deed of trust now or hereafter cov-
ering any portion of the property and/or the improvements
thereon, and otherwise subject to the provisions of Section
r 7.4 below. j.
Section 6. 2: Deemed to Constitute a Nuisance. The
result of every action or omission whereby any restriction
herein contained, by reference or otherwise, is violated in
whole or in part is hereby declared to be and to constitute
a nuisance, and every remedy allowed by law or equity
against an owner, either in public or private, shall be
applicable against every such result and may be exercised
i , C
by Declarant or by any occupant or property subject to those H .
restrictions
, / Section 6.3 Right of Declarant to Lien Property.
In addition to the foregoing provisions of Sections 6.1 and t
wm
6. 2 above, in the event any occupant does not maintain his
portion of the property and/or improvements in a safe, clean
and tenantable condition, and in
° good order and repaid in
accordance with the maintenance plans submitted to Declarant
as contemplated in Article II , Declarant shall have the
power either to undertake itself all necessary maintenance
' • ° activities or to contract for the performance of such
I ,
activity; provided, however, that Declarant gives thirty (30)
li
2'yam)
if l
k'1
' • n i ti.. I;. ,.�' � ..,.. .,. r e ... a ., . I v ..
• �S
' ° ,• r
•
days of notice of such intention to the occupant then in de-
fault and that the occupant.. fails within said thirty_ (30)
days to cause the commencement and diligent prosecution of a
such maintenance activities. All costs incurred by Declarant
in connection with such maintenance together with interest at
iir the rate of ten (10) percent per a.nn,um, shall be :'borne by the
. .
occupant of that portion of the Property and/or improvements
upon which the work is performed, and such obligations shall •
_,: constitute a direct lien itself on that portion of the
property and/or improvements upon which the work is performed,
as the case May be, effective upon the type of recordation
provided in Section 6.1 above; provided, however that such
lien shall be subordinate to any first mortgage or deed of
trust now or hereafter covering any portion of the property
or the improvements thereon, and otherwise subject ct to the
provisions of Section 7. 4 below. ,
Section 6.4: Attorney Fees. In any legal or
Iequitable proceeding for the enforcement or to restrain the
violation of this Declaration or any provision hereof, by
a
reference or otherwise, the prevailing party or part: es shall
also be er{ititled to an award of reasonable attorneys ° fees
Incurred at 'trial or upon any
p y pl thereof,a ..Deal hereof, in such amount
as may be fixed by the court in such proceedings. All
remedies rovided for herein or at law or in shall be
p e �
cumulative and not exclusive:
• section 6. 5:
Inspection- Declarant may
from time
f
t i
1
at any reasonable hoer or hours, enter and inspect any por
tion of the property subject to those restrictions to
ascertain compliance therewith.
Section 6. 6: Failure to Enforce Not a Waiver of
il Declarant or c
Rights. The failure o f Dec t r an y occupant to enforce
any restriction herein contained, by reference or otherwise,
shall in no event be deemed a waiver of the right to do so .
f
, I I thereafter, nor of the right to enforce any other restriction. '
I l'
ARTICLE VII t .
MISCELLANEOUS PROVISIONS
Section 7. 1: Declarant Held Harmless. Each and
every occupant of a portion of the property shall and does
hereby indemnify and hold harmless Declarant against and from
- i all claims for injury or death to persons, or damage to or f,
loss of Property arising out of the construction, use, :opera-
tion and/or
maintenance of the improvements on the Property,
the use and/or possession of the property itself; and the
conduct of business and any other activities on any portion
• h
S
of the property. .•
Section 7 .2: Destruction of Improvements, In the
I ,
event any improvement is damaged or destroyed in whole or
in part, by any casualty, the owner of that portion of the
which the same is located` shall. immediately 1 under
e
property y I I
take to restore the same in conformity with the previously
,i
approved plans initially permitting such improvement or
1 ri
^J,
I
. I
_ 4. �'' +
b
shall submit new plans for approval as provided in Article TI
and, except as otherwise provided herein as to time periods
A for commenci.ng and completing the restoring construction i n
conformity with the requirements of Sections 2. 4 and 2.5 of
Article II, but if the restoring construction of such improve-
ment is not immediately undertaken and completed by no later
than two -(2) years after such casualty (subject to the types
. of unavoidable delays in construction referred to in Section
2. 5 of Article II) , such occupant shall raze the same, and
s ,
Property s . .. an ,sightly con-
leave that portion of the in a ,safe d s h
, dition. Thereafter, any, subsequently proposed erection,
rf 1
placement or maintenance of any new improvement on such por-
tion of the property, the plans and specifications pertaining •
thereto, and the projected operations and uses in connection,
therewith, shall also be subject to and required to be in
conformity with each and every provision (by reference or
otherwise) of this Declaration as such provisions read at
the time- such erection, placement or maintenance is subse-
quently proposed:
Section 7 . 3: Constructive Notice and Acceptance.
every person who now or hereafter owns or acquires the
right, title or interest in or to any portion of said property
n
y t-e consented and
is and shall be conclusively d.eez�ted to hare
agreed to every covenant; condition and restriction contained
i l
1
herein , by reference or otherwise, whether or not any reference
Et II.
23•
2,
r'
w
to this Declaration is contained in the instrument by which
such person acquired an interest in said property. ,n ,
Section 7. 4: Rights of Mortgagees. All restric-
bons, and other provisions herein contained, by reference or
otherwise, including the liens described in Article VI hereof
shall be deemed subject and subordinate to all mortgages and
deeds of trust now or hereafter executed upon land subject to
, • _ these restrictions, and none of said restrictions or provi-
sions shall supersede or in any way reduce the security or
affect the validity of any such mortgage or deed of trust;
provided, however, that if any portion of said property is
sold under a foreclosure of any mortgage or under the pro .
visions of any deed of trust, any purchaser under such sale, and
, . his successors and assigns, shall hold any and all property so
purchased subject to all of such liens and the covenants,
conditions and restrictions and other provisions of this ,
Declaration.
Section 7. 5: Mutuality, Reciprocity; Puns with h
Land. All restrictions, conditions, covenants and agree-
ments contained herein, by reference or otherwise, are made '"'r` for the directs mutual and reciprocal benefit of each and
every portion of the property; shall create mutual, equitable
servitudes upon each portion of the property in favor of ,
every Other portion; shall create reciprocal rights and obli--
1
--- ',' gati'ons between the respective occupants of all portions and
,
'° 24.
,, ) ' " A
,t :.-. , ::,.. .L.�,•.,� .. ...:.:.-,All.....,:...i
. privity of contract and estate between all grantees of said
' portion` or interests therein, their heirs, succ_essors and '
assigns; and snall, as to each occupant, his heirs, successors
• • and assigns, operate as covenants running ,with the -land, for
1. the benefit of all other portions of the_property
''' 7. 6: Article and Section Headings. Article
and. section headings, where used herein, ,are 'inserted for con-
, ' venience only and are not intended to be a part of this Declara-
tion or in any wa'. to define, limit or describe the sco e and
� y Y p
intent of the respective ar t ic les an d
sect�ons to which they
I
refer..° I
• q ,
Section 7.7': Effect of Invallidation. If any r
vision (by reference or otherwise) of this Declaration is held
to be invalid by any court, the invalidity of such provision
shall not affect the validity of the remaining.. provisions
. .1 .hereof (by reference or otherwise) '
m•
Section 7. 8: Construction. The provisions of this
Declaration shall be liberally construed to effectuate .its Hi. •
purpose of creating a uniform plan ;for the development .,of the
property.
` g - udes Plural. Wheneve
r �
E. I Section 7. 9: Sin ula� Tnc1 II
the context of this Declaratioi requi es same, the sine) ,
' ulcer
shall include the plural and the mascuaine shall iriolude the
feminine,
ZN WITNESS WHEREOF; the t�,nderp`,igned have ekecyuted
i
,, 1
y • • , - .n..w.Mtv+.,r^Pmwlre•auyavp•svfiMi
•
tt ,;
„ I
L1
this Declaration on the date first hereinabove written.
r
Q
DECLARANT:
T{,OLL INTEREAL NORTHWEST
By:
+P
y
R'"
• P
P , •
•
1
1
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1
tiw � g
l
,
% .
• e •
t • •
•
1
Section TTT'
II
L ,
Relationship of Plan to Standards for Underlying Districts
•
•
•
. e f
i
i
•
r i
I k
( .,stir
RELATIONSHIP CF PLAN To STANDARDS
FOR UNDERLYING DISTRICTS •
After review of the City of Tigard`s Zoning
Ordinance, Title 18 (1/15/78) , giving special attention to 1/
the regulations pertaining to Industrial Park Zone (M-4)
Chapter 18 52, Sections 18. 52.010 through 18. 52. 090; Planned '
tor
Development District (P-D) Chapter 18.56, Sections 18.56. 010
' through 18. 56.170; and Design Review, Chapter 18.59, Section
18. 59. 060, the applicant finds the following to he areas o
potential concern
I. BUILDING Y
Chapter 18.56, Section 18, 56. 080 (b) states:
" (b) Periphery Yards of a planned
' development district site shall be
at least as deep as those required
b by the yard regulations of the ad-
joining zone unless the planning
a
commission finds that equal protec
tion will be accorded through specific
' f ic`
features of the approved plans."
This development plan meets all the periphery yard
requirements with the possible exception of Building Y, lo- , ° .
�r
Gated in the southeast corner of the development. Building Y
comes within forty (4 0) feet of an adjoining R-7 zone. This '
alone does not create a problem since the adjoining Zone (R-1)
Chapter 1.8. 20 Section 18. 20. 060,'
re wires ursuant to onl
p . �p y Y 'fee t on a corner`
maximum eri her and setback of twenty (�0�
lot facing a street other than an alley.
' ... devuixw.h.'M,iO+"+ttKd'"K g•Vt,q. o- i _
f ( G
Yi
1
i , The potential conflict arises however when inter
p g Chapter 2. 0 4 0 (2) regarding set-
' retin Cha ter 18. .5 2, Section 18. 5
backs' in an M-4 zone. Tigard's Planned Development District
p Lot Coverage .
rdi
C3 nance, Chapter 18. 56, Section 18. 56. 090 L
J it states:
"Lot coverage shall be the same as
the underlying district unless the
planning g 'nds that an .
l.annin co
exception is warranted
commission finds
in terms of
P
the character and amenities proposed
in the total development, °e
I '
The underlying district for this development is
M-4. The above cited Section 18. 52.040 states:
"Except as may be otherwise provided
in Section 18.12.100 the setbacks for
non-residential uses in the M-4 zone
shall be as follows: .
(2) The side Yard setback shall be
twenty feet, except when abutting or
across the street from a residential
4 zone, a side yard setback of fifty
feet shall be required; "
` This possible conflict or intrusion of Building Y
into the setback requirements of an M-4 zone should q be con-
sidered in light of the above cited Chapter 18.56, section f '
18. 56. 080 (b) Perephery Yards as well as the following:
(a) Even though the neighboring property is presently
zoned R-7 the controlling Comprehensive Plan Locimer - (NpU-2
Greenberg - Brookside) designates the property as Industrial
G
on the map and M-4 by Tiga d s Planning Ca mmi55 ion s inter-
il * pretation of NPO-2 ' s text: Thus under present ordinances the
2.
}
w a
. i appropriate side-yard setback, if the development bordered an
M-4 zone, would be twenty feet. (Chapter 18.52, Section ''
I I
18, 52.040[2] ) If we interpret; the case of Baker v. Milwaukee,
271 Or 500, 533 P2d 772 (1975) literally, the Comprehensive
'
, • iPlan controls and Building Y with its fort foot setback more
' r than meets the twenty-foot setback requirement of Section
y- ack rec�uir
1x
18 . 52. 040 (2) .
(b) There will be a twenty-foot wide access road
Building Y and the adjoining Property
between Bull � � line on the
,,', i
southeast corner of the development. At a minimum there will.
be ten feet landscaping between the access road and the
property line. This landscaping meets the requirements of
Chapter 18.52, Section 18. 52. 070 Landscaping and Chapter 18. 59,
Section 18. 59. 060 (d) (2) (D) iii. Design Review,.
II. RAILROAD RIGHT-OF-WAY
Chapter 18.56, Section 18.56.030 (0) requires a pre=
liniz�ary landscaping plan. A potential area of concern is •
g
the railroad right-of-way which borders the entire eastern
portion of the development site. The applicant proposes to
deal with this right-of-way area in the following manner.
Tigard Ordinance Chapter 18. 52 (M-4 zone) does not
require any specific landscaping along a property line
which abutts a railroad right-of-way other than that which
is set forth in Section 18. 52. 070 (c) , which states
(c) Other Yards and Utilised ProPertY property
Shall neat and health c n °.�� ntained in
all be landscaped and main,
a - Y o- di io
3�
y
The Southern Pacific Railroad right-of-way along
the site's border varies in width from 100 to 150 feet.
There presently exists within this right-of-way natural land-
1,
scaping 40 to 50 feet in width beginning approximately '700
4.- feet south of the northeast corner of the site and continuing
to the southeast corner of the site.
°
The applicant proposes to landscape along its east
r r
. {• property line in addition to the existing right-of-way
foliage in order
}
foliage c�er to maintain thee. character of the project and
iit�. to screen Schools Ferry Road traffic from this truck service
side of the buildings. To accomplish this, goal continuous
in width from 50 to l0 feet, approximately oxim
i
landscaping varying pp � ately
'1 p
900 feet in length as measured from the northeast corner of
w
the site will be installed. This landscaping will thus over
ia lap the vegetation in the right-of-way which exists to within
700 feet of the northeast corner.
g approximately The rema.iriin a rox�matel 1, 560 feet from the
end of the new landscaping to the southeast corner of the
`
site (this area is alread y by vegetation in
well screened b ve
b1
the railroad right-of-way) will be landscaped with spot land-
,
sca a islands. These p islands will be 40 to 60 feet in width
1
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by 20 feet in depth at approximately 225 feet on center.
i
This combination of using new landscaping and exist-
ing vegetation will provide screening and visual relief by
se ..:aratin th service ar t s : : i
p g e eas and. .a the ame timemaint
a�:n�.ng
4.
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f the character of the project as a whole.
This plan meets or exceeds the intent of all require.
ments set forth in the Design Review Chapter 18. 59 of Tigard' s
Zoning Ordinance. It does not meet the letter of Section
18, 59, 060 (d)' (2) (D) ( i) which requires:
' ' " (ii) Tree and shrub planting ,areas
of a minimum eight feet in width
within parking areas shall be provided
' ' ', i and maintained at approximately 70 feet
on center each way of an aggregate
u amount.
'I 1 The plan, provides for. 40 to 50 foot Wide islands
instead of the required eight-foot wide planting areas. The '
only deviation is W
the "on center" distance of approximately
• 225 feet instead of the required 70 feet. This deviation
is reasonable in that the g
parkin area will be screened as
effectively from the view of motorists on Schools Ferry Road
while allowing the applicant flexibility in arranging its
parking configuration- Any to the east
s
An view from motorists t
of the site will be screened by not only the proposed islands
'
but also the existing dense vegetation
i n the railroad right-
of-way.
LANDSCAPING IN
III. LAN PARKING AREAS ' .
tl
As stated in Item II above; Tigard' s Zoning Code d
at Section 18. 59, 060 (d) (2) (D) ii requires eight-foot wide
landscape areas at a' natel 70 fee
landscape pp rox y feet on center. App1i`
cant is l
landscaping Plans call for wider landsc
ape areas
(10 - 20ieet) on app
proximately 100 foot centers. This varia- il, '
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slfor more flexibility in providing parking tion allows P g P g while
achieving the desired aesthetically pleasing sere °qing
which is the goal of Tigard' s Zoning Ordinance. It should
g g �!
be pointed out that including the greenway area approximately'
' 44% of the total site area is devoted too en space and
P
.,.
landscaped areas.I Excluding g the greenway l area approximately
22% of the site is set aside for open space and landscaped
area.
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Section IV
U se
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�. ed for ^'Jelo t
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USES PLANNFD FOR DEVELOPMENT
1
I. APPROVED CONDITIONAL USES ,
By letter dated January 17 1979 Ken
Selby
Associate City Planner, notified applicant that the Tigard
, Planning Commission approved on January 9, 1979, applicant' s
�1.
7A request for the following conditional uses at the subject
. i' site (listed bY Tigard Zoning Ordinance Section Numbers)) :
1. Item (5) 18 . 52.020 Machine shop, weld
i •g_ shop, Contractor' s office (only the
Contractor' s office is requested as a
1 11
conditional use)
2 Item (6) 18. 52. 020 - Paper product
manufacture, but not including
the manu- ,
facture of paper itself.
3. Item (7) 18. 52. 020 Railroad trackage
and related facilities.
i I
4 . Item (9) 18. 52. 020 - Tool and hardware
manufacture.
5. Item (11) 18.52. 020 Warehousing and
wholesale distribution.
6. Item (12) 18. 52. 020 Weaving of cotton, ;I1
wool, flax and other fibrous materials.
7. Item (13) 18. 52. 020 Any other use held
similar to the above uses, as app ,'Dved
by the Planning Commission. Specifically:
a. Service/Industrial Offices and
service bi;isiesses''related directly to
.ndu stri
i l and bn us s Hess equipment. •
� a
(Example: typewriter
:er service) .
1
b. clothing manufacture.
1.
I2. AbDITIONAL REQUEST: '' PAII''
...:u. r. v....,v... ,. .-. .. ....v.: . ,.
m..,v • ...,..ury...v„r+a,, aµ'v_ Q v.. ......I...v...« ....... ..,..... � ,.,..,...,.W ,,..,.,.. ,..,..., w, ..._ ...,.... ....«.. ^. .,. •[u J`-,;,...
��
S
• Applicant' s original November 2, 1978 request for
conditional uses in the, project inadvertently failed to in-
clude a use necessary to the viability of the proposed pro-
_
9. J`ect. It was this November 2, 1978 request upon which the
l'' , '! Tigard Planning Commission based its January 9, 1979
approval.
Under Item (13) Section 18. 52.020 which states:
"Any other use held similar to the above
uses, as approved by the Planning Com-
mission;
Applicant requested as sub-item (A) :
"A. Service/Industria Offices
and service businesses related
• directly to industrial and business
equipment. (Example: Typewriter
w
service) "
C) 1 Applicant should have re qn ested Re p air related to industrial
and business equipment as well.
III. REQUEST FOR MODIFICATION
Applicant hereby requests that the January 2, 1979
1
Tigard Planning Commission approval of conditional uses under
item (13) , Section 18.52.020 (A) be modified to read a
modified as fol-
lows:
0 I " (A) Ser vice a nl repair
related
Industrial and/or Business Eq up ment
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offices, repair and service businesses
related directly to industrial and
and business equipment. (Example:
1 1 ��
typewriter service, and repair)
The addition of the word "repair" does nothing to violate the
the M-4 zone, Such uses as as .
t or scope of he Ni assembly and
inten p �-
0
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. y
and manufacture of items which applicant intends to allow,
I repair of are contemplated as either permitted uses or
s
approved conditional uses under the zone.
IV. REQUEST FOR CLARIFICATION, AND EXTENSION
In the above cited January 17, 1979 _letter', Mr. '
Selby stated that the conditional use permits granted b,y
the Planning Commission will expire within one year (January , .
9, 1980) "if the use has not begun and continual progress
toward its full operation is not in evidence" . Mr. Selby
was citing Tigard Ordinance Chapter 18.72 Conditional Uses,..
b' Section 18. 72. 03'0.
j .
0Q Extension of One Year Period
_
Since construction at the site will not begin
' . until the Fall of 1979, the approved uses will not have begun
within the one-year grace period. Applicant requests that
the one-year period be extended to i eflect construction de-
•„ •,,,,.. , i
lays.ys e
(B) Extension to Deflect 'Phased Developmen
Applicant antipates a two phased development
•
of the site. Some of the conditional uses approved on
• January 9 1979 may not have begun until after completion of
r
1 Phase II .` in order to assure applicant of its right to the
conditional uses.which have been; approved' but unused until
completion of Phase IIi applicant requests non lapse
PP .
, g, 1979 '
a royal of the condi��ional uses a rove y ,,
PP
'
d on Januar
(as revised to reflect the addition of repair as above requestea)
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Rrt^.axCM
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Sec i o
Intention to Sublease Greenway'to City of Tigard
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INTENTION TO SUBLEASE GREENWAY
TO CITY OF TIGARD
KNOW -.Y PRESENTS that KOLL/INTEREAL
NORTHWEST, a California general partnership consisting of as
general partners: THE KOLL COMPANY, a California corpora-
, ,
tion: INTEREAL COMPANY, a Tennessee Corporation; and KOLL
NORTHWEST ASSOCIATES LTD. a California limited p
artner
ship, states:
WHEREAS, the premises as described in Exhibit "A"
and by this reference made a part hereof, are part of a
of a which is the subject ect 'of the 5/19/78
* i• J d wh h
larger parcel o n �
Ground Lease between WILLIAM R. ROBINSON and CONSTANCE A.
ROBINSON, and CHESTER L. ROBINSON and EVELYN Z . ROBINSON
(The Robinsons) , and MTR, a joint venture;
WHEREAS, KOLL/INTEREAL NORTHWEST i5 the holder of '
an exclusive option to acquire said 5/19/78 Ground Lease
in its entirety;
WHEREAS, the initial term of said 5/19/78 Ground
i Lease is 99 years With an additional right to renew for two
4.
(2) consecutive additional terms of' twenty-five (25) years
n
each;
WHEREAS, under the terms of Said 5/19/78 Ground
Lease, KOLL/INTEREAL NORTHWEST has the r
WE5 right to sublease any
any person or entity,
Portion of the leased premises to a � y;
WHEREAS, under the terms of said 5/19/78 Ground
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n
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Lease, lessor (The Robinsons) at KOLL/INTEREAL NORTHWEST'S
request, shall execute and deliver to any subtenant a recog-
nition and nondisturbance agreement which shall assure the
subtenant so long as it is not in default under its sublease, !.
the quite possession during term
p ession of the subleasehold Burin its
notwithstanding any termination of the Ground Lease;
WHEREAS, under the terms of said 5/19/78 Ground
Lease, if the Ground is terminated or expires, any
ny
sublease then in effect shall become a direct lease between
lessor (The Robinsons) as lessor and the subtenant as lessee;
WHEREAS, KOLL/INTEREAL NORTHWEST desires to sub-
lease to the City of Tigard, a municipal corporation, that
property described in Exhibit "A" to this document and by
this reference incorporated herein, in order to comply with >
the intent of said g City of Ti and s reenwa dedication re-
rY g y'
quirements,
NOW, THEREFORE, be it known that KOLL/INTEREAL
NORTHWEST, upon execution of its option to acquire said
5/19/78 Ground Lease hereby promises to sublease to the City,
of Tigard the described premises as set forth in Exhibit "A"
of this sublease, for the City of Tigard to have and to hold
F. h
for public use. The term of this greenway sublease shall be ,
for as KOLL as long g INTEREAL NORTHWEST or its s successor; if
hold 5 78 Ground Lease or until the
applicable, shall the /19/
City of Tigard abandons the property as greenway.
The considerati on for th�,� entire term this green-
Way sublease shall be ONE AND NO/100 DOLLAR ($1. 00) U'o S
Y
Currency.
A formal sublease with terms and conditions shall
p foregoing
• be entered into upon terms consistent with the fore oa.n
upon KOLL/INTEREAL NORTHWEST exercising the aforementioned
options
' IN WITNESS WHEREOF, KOLL/INTEREAL NORTHWEST hereto
sets its hand and seal the day of
19 '.
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6 KOLL/INTEREAL TEREAL NOFT G
EST
,
By
Authorized Officer
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Section VI
Legal Description of Greenway
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:c1:TiI__1s Earl P.t■WftseY(1892.1957)
222 S.\\'. !frarri r7n Suite 4%1'tortfsrnd OR 97201
(503)227-0455
May 16, 1979
Legal Description for the Koll Company
Tigard Tract - Greenbelt (Preliminary)
ti
File:Fil 4.1
659-7301 ,
A tract of land located in the N.E. 1/4 of Section 34, Township
• 1 1 South, Range 1 West, Washington County, Oregon and being
more particularly described as follows
Beginning at a point which bears South 00°22' 24" East 1, 931055
feet and North 89'52' 50" West: 31.48 feet f
' � . from the northeast
corner of said Section 34;. thence North 89°52'50" West 437.00
feet; thence North 00°22 ' 24" West 10. 45 feet; thence North
83°38' 25" West°. " s 43. 24
_ feet; thence North 00°19'12" West 145.94
feet; thence North 45°53' 43" West 329.12 feet; thence North
61°44 ' 18 W• est 28.58 feet; thence North 10'36 '11" West 109.04
feet; thence North 04°26 ' 48" West 170. 86 feet; thence North
00'06 ' 01" West 390.11 .feet; thence North 60°59 ' 02" ;West. 454,05
5 5 �
feet; thence North 72°43' 40" West 246 .16 feet; thence North
84 023 ' 47" West 85.66 feet; thence North 4'7°03'29" West 161. 39
feet; thenoe South 77°32' 32" West 17
'� 173. 39 feet to a point on the •
southerly right-of-way of S.W. Scholls Ferry Road (County Road
No 348) ; thence North 59°34 ' 2 2" East 412 35 feet along the '
n t
southerly right-of-way of said S.W. Scholls Ferry Road; thence
39. 27 feet along the arc of a 25.00 foot radius curve to the
right through a central angle`
g through le of 90°00 '00"; thencee South ,
R �.
30°25' 38" East 177. 83 feet; thence 352.65 feet along the arc is
of a 280.00 foot radius curve to the left throUgh;' a central
angle of 72°09 ' 42" ; thence North 77°24 ' 40" East 189.36 feet;
thence 192. 33 feet along the arc of a120.00 foot radius curve ',
1 to the right through a central angle of 91°49 "g 51
g g t - ��; �th
ence
South 45' ° '' 218.71 feet;10° East thence 31. 82 feet along the
29
arc of a 40. 00 foot radius curve to the right through a
central angle of 45°34'.23" thence 98.19 feet along the arc
of a 60. 00 foot curve to the left through a Central angle of
93'45 ' 46"; ence South 35°27 ' 34 East 135.40 40 feet; thence
thence �,
South 07°25 ' 53°'' East 231 . 95 feet; thence south +25° ' ,
uth 26 10`' East
454.01 feet; thence South 74°08' 35" East 267.17 feet; thence
South 20°13' 51" East 164.26 feet to the Point of Beginning,
♦
said tract of land containing 11.64 acres, more or less. !;
•
cp>i in�.t.rr►i� yilsmtarjrrt� 5tr
✓lttri��t,ua� urc.�it+r�tEtrt.
Offices Itt,c:nttrd rtr: Fostt i=City`CttliEornmft Ptyrtitilicl` Orc4tomt : Tttetaxriti;' �rts i t� �' Sttittlt)4 \`'ilt+xtirm tt)i
♦
f1.: nru.xrr,.w V♦, ♦ .. ppROMmI1 qY�
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Section VZI
Dedication of Roadway
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9
DEDICATION OF RO
ADWAY I I
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P
ursuant to ORS 92. 014 and ORS.12271110► pp I
a leant
' hereby notifies the City of Tigard of ,its intention' todedi-
cate all its title and interest in property which is des-I
cribed b Y the attached p reliminar Y leg al 'd
escrapton to the
I I ,
Clity of Tigard for the use of a street or roadway. The
applicant points out to the City of Tigard that it has `ac_
quired or will acquire the property upon which this roadway
wi l
1 be located on al
n
o L ,
g-term lease basis.,
• / ' , .
I
The City of Tigard is also notified that no instru--
ment dedicating the land to public `uselshall be accepted for
r
ecordin in the State of Oregon unless such instrument bears
II
a y y thorized b law to
pproval o
u y
1 the f the ca,t or count a
accept such dedication. (ORS 92. 014 j 2) ) See' also ORS 227.110. '
The attached 'legal description for the Koll
I
Compan Tigard Tract roadway (preliminary) " is the prelim= ,
I � I
,inary legal description which will be finalized after engineer-
ing and platting work is' completed a
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,:i ` I-][L . 'i_ arl P.Wilsey(18921957)
222 S.\\'. l-lirrisun, Suite 4/Portlijnci, OR 9720
(503) 227-0455 •
May 16 r 19 79
1
r
p Company
Li�cra Description for the X011 C
' Tigard Tract - Roadway (Preliminary)
File: 4-1659-7301
A tract of land located in the N.E. 1/4 of Section 34, Township
1 South, Range 1 West, Washington County, Oregon, and being
more particularly described as follows:
Beginning at a point on the southerly right-of-way of S.W.
S y (County bears North
Scholls Derr Road (Count Road No. 348) which b
89°52 ' 52" West 959 .59 feet and South 63°11' 12" West 19.1. 23 feet
and South 72°42' 44'' West 20.30 feet and South 59°34' 22'`' West -
.
st corner of said Section 34; ' .
410. 00 feet from the northeast
thence 39 . 27 feet along the arc of a 25. 00 foot radius curve
to the left through a central angle g g of 90°00' 00" ; thence South li
• 30°25' 38" East 177. 83 feet; thence 277.08 feet along the arc
of a 220. 00 foot radius curve to the left through a central' ,
angle of 72°09 ' 42" ; thence North 77624' 40n E ast 189.36 feet; ,
thence 288.50 feet along the arc of a 180.00 foot, radius curve
to the right through a central angle of 91°49 ' 51'' ; thence
South 10
40. 00 foottrad.8�uslcurvrthence 3 . $2 feet along the
r d � "
the left through central
angle of 45°34' 23" ; thence 283.94 feet along eet alon the arc of a
A {
60.00 right through a central angle
00 root radius curve t
o the r
g f a 40. 00 foot
of 271008 ' 45"; thence 31.82 feet along the arc o
radius through a central angle of 45°34 '23";
curve to the left thro
I thence North 10°45' 29" West 218. 71 feet; thence 192.33 , feet
along the arc of a 120.00 foot radius curve to the left through
a central angle of 91°49 ' 51"; thence South 77°24'.40" West
189. 36 feet; thence 352.65 feet along the arc of a 280. 00
foot radius curve to the right through a central angle of '
72°09 ' 42' ; thence North 30 25 ' 38' West 177.83 feet; thence
39.27 feet
g curve to. the
along the arc of .a 25.00 foot radius c�xr
left through a central angle of 90°00' 00"; thence North:
5934 22' � 11 East 110.00 feet to the Point of Beginning; said •
tract of land containing 1. 89 acres, more or, less.
et11,ir tyei1iig/iyl irriiiirig/cur,i.e).1tig/ianc1st!triiu thrt:liitt:et ire.
Of fi tg 1 ii trd,lilt 1'cs�3t�r City, Cattyif i its P()rtitt>ittl, (Jr�: ti ; ,, .
11 Tilt:(�121i�� sil5iiiilgt()I1 • Staitt14 N+i,twi-illl4te)1i-
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Section V1.1.1.
Legal Desc i tian a Entire Tract
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E '.1...r4.w ti•l-.'i-.-. ,.. ,r .......:.,....n.till.." ,t.._...i. +-....,..v'.T x.....i,.. .na.....wr 9..,r.....—,,.
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Carl p,Wilsey(1892.1957)
222 S.\\'. FFIzirrtsco11,
Suite 4%I'urttitiui, OR 972()1
(503) 227-0455 '
E I t
Ma Y .16, 1979
Legal Description ti' n for the h e K
o11 Company Y
' 4' Tigard Tract Entire Tract (Preliminary) '
File: 4-1659-7301
,
A tract of land located in the N.E. 1/4 of Section 34, Township fj,
South, Range 1 West, Washington County, Oregon, and being
. more particularly described as follows: .
• .. Beginning at a point on the westerly right-of-way f-wa of the
which bears North 89°52 '50" West
corner of said rth
327.71 feet from the northeast
thence North 89°a2 '50" West 26.50 feet; thence c Sou hn 9°1. ' "
' st 7/7.00 fee 29
° tr rret,
t thence South
East. 2, 047.46 fee ce North 89 52 50 West I
thence North 00°22' 24" West 10 .45 feet; thence North 83°38 '25"
• West 43 .24 feet; thence North 00°19'12" West 145.94 feet;
4 West 329. 12 feet; thence North 61°44° 18"
West c28� t ° r 43 u W
//) 58feet 53
; thence North 10036111u West 109. 04 feet;0
thence North rr r 04°2b 48 West 170. 86 feet; r thence North 00°06 Ol
rr
West 390.11 feet; thence North 60°59' 02" West 454.05 feet;
thence North 72°43 ' 40" West 246 .16 feet; thence North 184°23°47"
West 85. 66 feet; thence North 47°03' 29" West 161.39 feet'
h 77°32' 32" West 173 feet; thence North ° "
East 932. 35 l ,. '.� S9°34 22
thence So•ut East. .�y the
35 feet thence North 72°42' 44" t 20.30 feet;
thence North 63°11' 12" East 301.68 feet; thence North,'50619 '29"
East 207.37 feet; thence North 34°21'36" East 151.22 feet;
thence South 19°15' 29" East 408. 82 feet to the Point of
Beginning, said tract containing 44.46 acres, more or less.
,1
err t. /Igttri'ea'iri4% ettu t tf
ttttfri�ti� �tlt��tttiirt� Itti�tl�'
� L ; rehitZekuirt: J
() ttc: It.:iettted tit: t»tc:ir Cats t11i t)t•fitti • !ttrthtald; tw its • Ttttt tit \1 t%shington • St;t ttIt, \V trsittt gtt tt .
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section 1
Market Analysis'
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KOLL BUSINESS
CENTER .
.
n May 4, 1919
Eric T. Saito _.
MACKENZIE/SAITO & ASSOCIATES, P.C. ' : '
2850 N.W. 31st Ave. , ..
Portland, Oregon 97210 '
Re: Market Analysis ,
Dear Ric
' The best market analysis for our Tigard project would be our success ex-
perience with our Koll Business Center in Beaverton,, The following is a ''
chart of our marketing experience: C
PHASES SQUARE FEET CONSTRUCTION COMPLETED 100% LEASED
fi'
I 119,949 October 1975 April 1976 ,
(6 mo. after -,
completion)
t`
II 60,266 November 1976 February 1977
(3 mo. after
completion)
III 134;623 Januar y 1978.. . March 1978.
(2 mo. after '
completion)
IV 60,500 November 30, 1978 January 1979 .
• (2 mo after
completion)_
In stumtary, we averaged 28,872 square feet per month from the time a phase >
' was completed until it was 100% leased. paces, as small as 450 square ''
,,, 6�ith s .�
ge g q was an
6 Square feet
th 1978 for
p P
. feet and extreinelywfasttabsor absorption rate. The absorption 0 rate for. ,1977 ands w �'
the average s�. e tenant
i all of Southwest Portland was 900,000 square feet each year
We now have tWo phases under construction in Beaverton. Phase Five consists
square feet and is scheduled for an August 197. ttpletion Phase
' Si 157. 090
consists of 101 875 s ware feet and is scheduled for ancOctober 1979 com-
p Six consists � q p � a�cip
letion Based Upon our past ex erience we w. ` ate Phas
ould ant e Five to be
fully occupied in the first quarter of 1980 and Phase' Six`by the summer of
1980.
if:t
8249 S,W:01 t•til8 Drive • Beavertch E Oregon 97005 w (503)643-7551 `,,1
^' i
I' May 4, 1979
I
E. Saito
Page Two
To date the Koll Business Center in Beaverton has been highly accepted by
,
the business community as an ideal product to meet the needs of both the
' the national or international firm. Some of the
small businessman, and/or
factors that have lead to this sucdess are: .,
Location
Within a close proximity freeway
A. proximit to a major frees
;: with easy on and off access.
B. Near suburban neighborhoods so that employees
who's businesses have located within the Center
are close to their homes thus eliminating the
,j long trips to the city during rush hour periods.
j On Site Management which includes leasing, property management, ;
~ and construction personnel. This means the owner
can control the environment which means the image
our tenants presents to their customers, clients,
suppliers, employees, and business associates is a
positive one.
Space Efficient Buildings - which allow for superior arrangement
i
of offices,s, personnel and work flow and also give
greater fle,dbility once occupancy'has taken plade.
Competitiv' Rents and Lease Term Flexibility 1
We feel extremely confident that our product fills a growing need in the Ports'
land area. All of the criteria that has made the Koi1 Business Center in
Beaverton a success are also found at our new site for Koll Business Center in
Tigard.
„s '
Very truly yours,
KOLL BUSINESS CENTER
1 ( ,*/ , ,?)// / '
Sonna M. Durdel
Assistant Vice President
' . SMD/jlr '
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Section X'
Copy of DEQ Parking Permit
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q' ''F" +� Department of Environmental Quality ,
r 522 SOUTH
.'•�.- SOUTHWEST 5TH AVE. POFtTI_ANr, OREGON
IROBERT w sraAus MAILING ADDRESS: P.O, BOX 1760, PORTLAND,�o�Ea�oA � AN[?, OREGON 97207 (503) 229.,6O86
'January 19, 1979
' • The Koll Company
MacKenzie-Saito & Associates
0324 Southwest Abernethy .
': Portland, Oregon 97201
Attn: Mr.
r. Roger Roge r Fags ho 1 m
• Re: Koll Business Center-Scholls Ferry Rd.
AQ Parking File No. 34-8026
Indirect Source Construction
Permit
Date of Issuance, January 19, 1979' •
Gentlemen:
. i
The Department has reviewed the information submitted with and in support .
of your application for construction of the above referenced indirect. source.
It is understood that the proposed facility is to be located at Scholls� Ferry
Road, Tigard, Oregon 97223.
The p . i approved F construction and operation subject
r-posed Indirect Source is
.— to the conditions set forth in the IndirectrSource Construction Permit.
If you wish to appeal any of the conditions or limitations contained in the
attached permit
p ` . you may request o hearing before the Environmental Quality
ou ma re ues
. Commission or its authorized representative,p pursuant to ORS Chapter 183 and
. • OAR Chapter 340, Section 14.025(55. ) . Such requests for hearing shall be made
i •n w►r i t i ng to the Director on or before 14 days following the date of Issuance.
y permit and to take all ossible step s t
_ You are urged to carefully read the , '.
comply
the environment the conditions. contained therein so as to minimize degradation to
ment of Oregon,ron r
? Sihceraly;
, C - .11/". • .., . /e),,c. 1 '
Ea J, ,Weathersbee
Administrator i n i st rator
Air Quality Division
HWN:
f,
i Enclosure ' L ,. .
cc: Washington County Planning Agency
Northwest` Regional Office
Doug Ober s JA97
James 'Maddeh L��L,AyL�vi
a cke
i 11 Cox tuawr
t�gtn�rirlg• irl ,
DEQ.l
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Permit Number: 34-8026
•
NCIS No.: 34-5026
I
Issuance Date: ,
Page l of 3
INDIRECT SOURCE CONSTRUCTION PERMIT
Department of Environmental Quality, t
522 Southwest Fifth, Portland, OR 97204 f
Mailing Address: Box 1760, Portland, OR 97207
Issued in accordance with the provisions of
� . ORS 468.310 OAR 20-100 through 20-135 j
INDIRECT SOURCE: ll
'ion'ion Business Center 1
I ,
ISSUED TO:
,
The Koll Company
c/o Mackenzie-Saito & Associates
�.e-Sa
0324 Southwest Abenethy
Portland, OR 97201
SOURCE SITE; Count
r � F
Scholls Ferry Road M.ltnoma
Tigard, Washington 97223
ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY
JAP r 27.1^�{`.
�
S {
William R. Young rirecto Date
. Permitted Activities
until
such time as this permit is modij.ied or r evoked, The Koll Company y j.Zs he rewth t
Permitted to construct and operate an ind i re ct source w ith
associated parking located a t Scholls Ferry Road, Tigard, Oregon '97223
The : g . q . : .and conditions contained
speelfi,:c listing` of re li�.rement5 limitations, a
( herein does not .relieve the permittee from ,complying'with all other rules
and standards of the Department.
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Permit Number: 34-8026
{ NCISINo.: 34-8026
Issuance Date:
Page 2 of 3 ,
Permit Conditions for Parking Facilities
Size of Parking FacilttZ
,L
1. The size of the parking facility p constructed under this permit shall
not exceed 1200 spaces.
2. Number of vehicles
' utilizing the parking areas at any one time shall....
not exceed the approved number of spaces.
1
L1222 ting Requirements
The following reporting requirements shall be a condition of this permits
construction the facility approved by this permit been
p of perm
3. completed facility the issuance date notit, sl
the permittee shall submit reports of construction progress to the
Department. Such reports shall be submitted initially 15 months after
the issuance date of this permit and shall
.. be submitted thereafter
annually on the anniversary date of the permit until such time as the
permitted construction is completed and the NCIS form has been
submitted to the Department. Failure to comply with this condition
may constitute justification for revocation of this permit.
Notice of Completion
P 26 shall he completed
4. and osubmitted otol the oDepartment mfollowing construction and prior to
operation of this facility.
General Conditions
Gl. This permit is subiect to revocation for cause, as provided by law, y.
including but not limited to:
a. Misrepresentation of any material fact or lack of full disclosure
in the application including any exhibits thereto, or any other
additional information requested or supplied in conjunction ll
therewith;
c contained herein. q ".. Q ns }
b. Violation of any of the reuirements, limitations or conditio
c. Initiating or completing any modifiCations' of this facility which
are subjec6 to review by the Department under OAR chapter 340,
croval 20-100 Department.rh 135, without prior notice to and
t°
app Y
d. Failure to commence construction of this facility prior to 13 ■
months following the date of issuance of this permit by the
applicant,
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Permit Number: 34-8026 1
NCIS No.: 34-8026
Issuance Date:
Page 3 of 3
e. Failure to,commence construction of any planned incremental phase t
of the facility within 18 months of the time period stated for 1
that phase in this permit.
f. Violation of
,r
applicable statute
`or rule,e, st andard or orderC
of the Environmentasl Quality Commission or the Department.
Y,
G2. The Director may grant extensions of the time periods stated in this I
Permit upon a satisfactory showing by the permittee that such
extension is justified. ,:
G3. Prior to sale or exchange of
c e the indirect
g e nda.rect source, the owner shall.
a. Notify the De artment and supply the following information:
Y P Pp Y 9 motion:
1) Name of new Owner and address
of new Owner
I �
2) Responsible person to contact E .
f
(a) Address
(b) Telephone number mb ,
b. Inform
the prospective owner of the requirements, limitations, C
or conditions contained herein.
• to the new owner automatically, unless h� permit willlae issued NOTE: A new permit with the same conditions as this s
g p ation ofithe
cantle increase motor vehicle-related
o el
facility will significantly �► changes es
fac y g y isle-related '
emissions. In the case of a change in operations, a review of the
1 changes would be made and appropriate permit conditions developed `
to ensure compliance with Department rules. ,
)
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State of Oregon
L I
DEPARTMENT OF ENVIRONMENTAL QUALITY
AIR QUALITY DIVISION
P. 0. Box 1760 4
1 0
7
Portland, Oregon 97207
1
Telephone: 229-6086
NOTICE OF,
INDIRECT SOURCE , •
COMPLETION
OF I
This form is to be o
completion of the construction, installation or establishment
c mp ete and forwarded to this off ice upon
comp 1 , of:
•• e a
-' '`: 00 assew-i-a ed park a�.g es
________,
11
NCIS ;4"-Sa2h
Date I a h tua.ry 19, 1979
.
i
Department of Environmental Quality
,' Air Quality Division
P. 0. Box 1760
Portland, Oregon 97207
Attn Planning and Development Section
Gentlemen:
The construction, instal 1ation or establishment of the parking facility
or highway facility described above was completed on
and wi 1 1 be i n operation. p 'on by '
• L :rat i
Signature
Title I
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DE A 6- 7) '�
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• D n •ti l • 16 •..•••••••.....ai.S�wwM+«w*ne.+umreae k+:ea a•'Y ,. y. • )
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Section XI'
Property Tax impact
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f , Mr
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ThoLelandOompany
Economics Consultants
Real Estate Analysis ,
Market-Feasibility Studies .
67i5 SW Canyon Rd.,eg ..
Portland,Oregon 97225
Phone(503)297-4605 ,
Da id C.Leland
Wallace M.Hobson
4 May 1979
Mr. Rodger Fagerholm, President W
Ms. Sonna ry Durdell, Vice President
THE KOLL COMPANY
• 2723 152nd Avenue N.E.
i'edmond, Washington 98052
I,
SUBJECT: PROPERTY TAX IMPACT ? ,
KOLL COMPANY BUSINESS PARK
TIGARD, OREGON
Dear Rodger and Sonna
n
• is respond to two questions
The purpose of this letter is to ,
regarding tax implications to the City of Tigard of the
proposed Koll Company Business Park on Scholls Ferry Road. .
These questions were raised during the Planning Commission
�,, public hearing in January, 1979. The two questions;: as ,
taken from the hearing transcript (raised by Commissioner
Wood) are:
1. Under the proposed zone change how much of the increased
taxes on the property would show dip as a reduction of
the tax rate? .
' 2, Under the proposed zone change how much of the increased i +.
aes on the property would shod up as increased
revenues fbr the City of Tigard? '
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• Mr. Rodger Fagerholm
Ms. Sonna Durdell
4 May 1979
Page Two
RESPONSE TO QUESTION l:
Even though the proposed office/industrial project will effect
an increase in the taxes paid on this individual propertyr
1 received by the taxing authorities wall taxes receiv not be
affected. However, other taxpayers within the taxing juris-
diction will benefit by a decrease in individual taxes.
Table 1 shows a ten-year projection of the City of Tigard
budget; a ten-year projection of total assessed property k
p Y
valuation; and a ten-year assessed valuation projection of
farm use were continued Table 2
shows�approjectedhten-yeartass assessed valuation of the projected ten-year e e Property
in the pro osed office
/industrial p use. When the tax rate is
calculated, t -S p 1 � s e ghattend
,
which isthat property valuation has beenincreasing a
faster rate than the cost of government. According to
Washington County Assessment & Taxation Division, this trend
is expected to continue.
1, projected declining tax rate
Table .� Column 4 , shows the I/
Even 'though the tax rate is projected to decline under the
current use, under the proposed use the tax rate is projected
to decline e furl of
value tax base) . Table 2, Column 5, shows the tax rate under
EE n further, albeit slightly (impact o�. the higher
the proposed officeindustrial use. a
Tables 1 (Columns 6 and 7) and 2 (Columns 6 and 7) show both
i• th e total taxes and the City o f Tigard taxes generated b y this
'
Property. 2/ T able 3 shows the projected differences in takes '
owedsundrr he current farm use and under the proposed offi'4e/ -
industrial t The larger decline in the tax rate under_...
the proposed use than under the current farm use is attributable
to the difference in projected taxes owed under the M two uses
• of the property.
1/ Budget assessed valuation = tax rate.
2/ City y of
Tigard taxes represent: gene. ral fund d us e .o
nl
ye.
Another other •
Tigard t axin g unit supported b� tax revenu es f rom t his
pi operty is the Tigard Water District. And, of course,
' :Tg ar benefits ats ind�rectl y from the tax revenues received
by other taxing units in the distrbt.
d
I heLelandOompany
, ( _ . . . .., \
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' ..{ 1 C l G. ti 1r� ,a Iw, a CG „�4u L :„ Li , f.I, x 4 .. {. u '
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Cip Table 1
P ' �fal PROPOSED KOLL COMPANY BUSINESS PARK, TIGARD, OREGON
p TAX EFFECT IF THE CURRENT'FARM USE IN CONTINUED
. . (1) (2) (3) (4) (5) (6) ' (7)
CITY OF TIGARD TOTAL TAXES TO BE
TAX RATE PER CURRENT FARM GENERATED IF CITY OF TIGARD
FISCAL CITY OF TIGARD CITY OF TIGARD $1,000 VALUATION: USE.VALUATION CURRENT USE TAXES IF CURRENT
YEAR BUDGET TAX BASE CURRENT USE OF PROPERTY CONTINUES USE CONTINUED
1979-80 $234,000 $ 390,310,000 2/ '6.60 20,000 3/ $ 400 4/ gin 3/ ,
0.-81 248,000 468,372,000 .53 24,000 480 _ 22
190
,000 562,046,000 .47 29,000 580 27
1982-83 279,000 674,455,000 .41 35,000 700 32
1983-84 296,000 809,346,000 .37 42,000 840 39
1994-$5 313,000 971,215,000 .32 51,000 ],,020 47
1985.86 332,000 1,165,458,000 .29 61,000 1,220 56
1986-07 352,000 1,398,550,000 .25 73,000 1,460 67
1987-08 ' 373,000 1,678,260,000 .22 88,000 1,760 81
`/ I 1988-89 395,0001 2,013,912,000 .20 105,000 2,100 97
— levies during period. Source: Washington County Assessment & Taxation Division no special tax
1/ Budget projections based on 1970 taxes collUctedyof $221,175 inflated at 6 percent annual limit. Assumes wM1
g
y 2/ Tax base projections based on 1978 total assessed property valuation of $325,2 8,171 increased at 20 percent. Source:
Washington County Assessment 6 TaXationDivinion (approximate average percent hrcrease over last five year period). '
2). Sources`
' 3/ Based on 1978 farm Use Valuation of $17,000 increased by 20 percent oVer each period (see ' )• Washington
County Asaessment t Taxation Division..
J Assume average annual:tax rate of $20,00 per $1,000 valuation.
5/ Assume average annual tax tree in Tigard of 50.92 per $1,000 valuation, Based on 1974 through 1979. period.
Sourcez The Leland Company.
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TABLE 2
' r , .
PROPOSED itOLL COMPANY BUSINESS PARK, TIGARD, OREGON
TAX EFFECT OF PROPOSED OFFICE S INDUSTRIAL, DEVELOPMENT',
(1) )2) (3) CIT44UP (5) (6) (7)
TIGARD TAX
p� BASE LESS CUR- CITY OF
\I/' CITY OF TIGARD PROPOSED RENT FARM USE TIGARD
TAX BASE LESS OFFICE/ PLUS PROPOSED TAX RATE TOTAL FAX CITY OF TIGARD TAX',
USE INDUSTRIAL - PER $1,000 REVENUES E
CURRENT FARM ObF]CE/INDUS 51,0 G lES :O B REVENUES TO BE
FISCAL VALUATION OF VALUATION TRIAL VALUATION VALUATION: GENERATED BY GENERATED BY
YEAR. OF PROPERTY _ OF PRORERTY OF PROPERTY r PROPOSED USE PROPOSED '•riOJECT PROPOSED PROJECT I I
1979 80 $ 390,290,000 3,700,000 1J $ 393,790,000 5.59 / $159,000 3J J $ 5,954 5/
1900-81 460,340,000 4,950,000 473,238,000, .52 - 99,000 ` 4,554
1981-82 562,017,000 0,750,000 510,767,000 .46 175,000 8,050
1982-83 674,420,000 15,400,000 609,820,000 ,40''- 308,000 14,168
•
1983-04 809,304,000 17,200,000 826,504,000 .36 ,000 15,024
1984-05 071,164,000 19,300,000 99. .
,464,000 .32 306/OP: 17,756 ."
1.905-86 1,165,397 000 21,600,000- 1,106,997,000 ,20 432 000, 19;872
1986-87 1,398,477,0.00 24,200,000 1,422,677,000 .25 484,000 22,264
1907-88 1,678,172,000 27,100,000 1,705,;t72,000 .22 542,000 24',932
1988-89 2,013,807,000 30,350,000 2,044, ,57,000 .19 607,000 27,922
•
1/ SoUrce: Washington Count)+ Assessment 6 Taxation Division and Economic Impact Analysis for the Proposed Roll:Company
Business Park prepared January, 1979 by The Leland Company
2/ Assume tax base is increased by proposed project. Assume projected City of Tigard Budget.
3/ Includes $05,000 deferred taxes from farm reserve program. Plus annual tax in amo';nt of $74,000. Deferred amount due
d 1 to be collected
upon change of use. Usually treated as "cash carryover and Used to offset next years budget. Effect is lowering of Ao
tax rate for district since portion Of budget is covered and thus tax revenues in that do not heed t',
P y proportioned taxing according or property
from district tnx a ers. Deferred amount ro ortioned to toxin districts accordin to'Tax Code in effect f
generating tax, Source: State of Oregon Department of Revenue,
4/ Assume average annual tax rate of $20.00 per $1,000 valuation.
5/ re ptai tay a according t Code in effect fee property tet $3404Deferred
egonDepartenofRevenue. Cit of Tigard - $25503percentof $05,000). Plus annual axinambua of $3404.
p i
6/ Assume average annual tax rate in Tigard of $0.92 per $1,000 valuation. Based on 1974 through 1979 period, (Average).
Source: The Leland Company.
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Table 3
PROPOSED KOLL COMPANY BUSINESS PARK, TIGARD OREGON
A`" DIFFERENCES:TAX EFFECT D�FFERENCE3. PROPOSED FI'
0 ICE INDUSTRIAL
DEVELOP /
DEVELOPMENT VS. CONTINUED FARM USE
O
I
DIFFERENCE: DIFFERENCE:
TOTAL TAXES CITY OF TIGARD TAXES -
FISCAL PROPOSED USE PROPOSED USE LESS
L
ii YEAR LESS CURRENT USE TAXES CURRENT USE
1979-80 158,600 $ 5,936
1980-81 98,520 4,532
1981-82 174,420 8,023
1982.83 307,30"') 14,136
1983-84 343,160 15,785
384,980 17,709
1984-85 :384,
r 1985 .86 430,780 19,816
1986-87 482,540 22,197
198788 540,240 24,851
1988-89 604,000 27,825
Source: The Leland Company
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♦.0 . 4
Mr. Rodger Fagerholm
Ms. Sonna Durdell
4 May 1979
Page Three
RESPONSE TO QUESTION 2:
Even though the proposed development will effect an increase
r" in the taxes on this individual property, in general, revenues
"' for the City of Tigard will not be increased as a result.
, Again, the effect of the tax increase for this individual
property is to lower the taxes owed by other individual
taxpayers eUrments for district. Tax revenues to cover budget
requirements City Tigard are limited to a 6 percent „
annual increase. 1
" ;wever, , there is an aspect of this situation deserving
special consideration. The property has been in the farm
tax reserve program. Upon a change in property use, ten years
of deferred taxes will be owed. Thus, deferred taxes of
$85 ,000 for the period July 1, 1969 to June 30, 1979 will be
proportioned out to the various taxing units. 2/ Table 2,
Columns 6 and 7, reflect the allocation of the $85 ,000 in
year 1979-80 due to the deferred tax payment. The deferred
tax payment, however, does not increase government spending
as allowed under this year' s budget. The usual procedure
is to carry the amount forward and decrease the amount of
tax revenue required to cover the budget in the following
year 3/ Thus, this deferred tax payment effects a one-time
only decrease in the tax rate next year (1980-81) to the benefit
of other taxpayers in the district.
•i , I will be available to assist in the public hearing, if
required. Please advise if additional information is desired,
Sincerely, '
rti
�' THE LEL°ND CO ' Y
'
iv, ,I , /
41,av d C. Leland
•
bOL/km
• Assumes' no special levies or increase of the City
of Tigard
h
o p erating budget (general fund) over 6 percent by voter approval.
2/ Source Washington Count y Ass essment s,essment Taxation O rision..
:
T 3/ Source. � Sta e o Oregon, Department of Revenue Assessme
, , ,t
Ilne ,_ Tax ti D ' on v e an ,7(, offiparly
.
r.."".,... ...,";.,,»r ,"... "..r,,n. .,,..w.. W ,.mow... ..,. ..,.•rrn rr n ,r+ or r �x .rr.. ."r r n. .r,. I',,,, .,�,,,, .� —, ^� .. .. " .... ...... ..... • .r rr r. .r rr r,r.. ." i ,. ;,5 r
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Section XII
Flood Pla. n, District
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FLOOD PLAIN DISTRICT
•
Applicant' s preliminary development plan an," pro-
, gram as required by Tigard Ordinance Chapter 18. 56 Section 'P
' 18.56.20 was submitted to the Tigard Planning Commission and :,
A `.
r. approved on January 9, 1979. At that time, the Planning
Commission was made aware of applicant' s intention to use the
' E
t
flood plain greenway area for off-street parking and maneuver-
. ; •l
ing areas, access ways and service drives located on the
ground surface where necessary. Pursuant to Tigard Ordinance r
Chapter 18.57 governing flood plain districts as adopted
1/15/75 and incorporated in the Zonin g Codes of 1/15/78 off
r. •
street parking and maneuvering areas, access ways and service
I,,
drives located on the ground surface, and roadways, bridges .. ,
or nitility structures designed' to not significantly impede
• the flow of floodwaters are a permitted use. Specifically ' °�
Section 18.57.080 states
t "The following uses by their nature 'do
g Y '' �'
not threaten substantial obstruction of
water flow in the floodplain and do not
impair the water storage capacity of
the floodplain and shall be permitted :
within the floodplain district subject
to the limitations in this section
stated: ;.
(1) Off-street parking and maneuvering , 4,•
areas, access ways and service drives
. iodated on the ground surface. Excava-
tion, grading and paving may occur to
. r grading g P, ;g Y
construct said faci1iEies however, no
fill shall be allowed, for construction n.'
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of said facilities other than gravel for
a paving base and only an amount of
4,1^i gravel commensurate with city construc-
tion standards for said facilities shall
be allowed;
. (3) Roadways, bridges or utility strut;
<V tures designed to not significantly im-
pede the flow of floodwaters; "
Applicant is aware that there is Presently pending
a revised Chapter 18.57 which has been retitled "Sensitive Land .'
0 Considerations, Flood Plain, Drainageways and Greenways" .
Applicant takes the position that inasmuch as its preliminary
p
plan ment
develo and
p p program was approved prior to the initia-
tion
of Chapter 18. 57 's revision and that Chapter 18. 57 as i .
revised has not been adopted at the time that this general
development plan and program, pursuant to Section 18. 56.030,
is being submitted; applicant is in no manner governed by
said revisions. Applicant, in its continuing desire to be a
good neighbor, p
_ , submits for general information purposes the
attached special use permit which would be required under the
revised Chapter 18.57. This submission in no way shall be
.
interpreted to waive applicant' s pplicant s right to be governed under
the dictates of Cha ter p 18. 57 as adopted on 1/15/75. The
. attached special use permit is for that area of the flood
plain' which will be covered by the roadway which applicant is -
f'• dedicating to the city. It also includes data for the flood
lain
p area used for off-street parking and maneuvering areas,
acoessways and service drives
-iY �/' ..•iM ,n... % ....0 .,..p, •.. ... :a. „ .urn uv .w.,n ,..r ,. .0. a,<< ri i .. W W.., ... ,. ..,, .,��, .-
n K +u
• w '�1'••f•°ca'rnm.rm .
4
Y
. err
t.., SPECIAL USE PERMIT
,
>p ,IC TIO 4
1 r . '.
FEE REC D.
Tigard Planning Commission 639-4171 RECEIPT
4 i ,420 'S.W. Main St . , Tigard, Oregon 97223 DATE RECD,
PLEASE PRINT IN INK OR TYPE
'`• t? Construction of roadway, offstreet parking & L.1,es.neuver,irig areas•,
tion Recq.ues ted accessways. & surface dr' es o •,. • ,s• • face in u•per fringe
�.o lican'L s Name_ THE KULL COMPANY Phone 643-7551
• Arplican''' s Address 8235 SW Cirrus Beaverton, OR 97005 •
(Street) (City) (State) (Zip)
j f ner ' s Name Same Phone 4.
y' O .ne r' s Address Same
_ -_
°`�"s tree t} �"C tyres"7 state j (Zip)
•• A,, lic :,:it is Owner X Contract ---,l''urchased Developer ,�_._... Agent
Other , .
, Of'ner Recognition of Applcat'''47`g..i. tx, .. .. /"_ ,
li a"fit f;,y
signature of owner(s)
P'i rson responsible for application
ation
(Street.) (City) (State) (Zip)
Registered Engineer's Name ARTHUR M. F'CJRBER, JR. Phone 227-'0455
I d Engineer' s Off � 455
R .BtPrc
Office �°tLSE� & HAM
Phone 2 2 -0 •
° Registered 'Engineer' s Address _ 222 SW Harrison, Suite 4, Portland, OR 97201
(Street) (City) (State) (Zip)
Map 1S 1-34.AA Tax ]La 0
PRt�PE1�TY` TVVdL��D
Tax Ma # ,_ , Lot,(.3)100, �'� y 300,. .. ,
,4.00 & 1 700
A d tress
,.., Area44.46
(aCres)
9'thtitg Buildings ( it and
type ) None
-
:,o r _ett Zoning MA 1 Cut enb Use Ac r cultural ,.
kl kt't .M,ican ' s
. .. Applioan b's
:�
' � posed Zo1xan g m4 Planned Develcp rrien Proposed use Comm�ercial Bus.ixe
s
,.
Center ,'
ritci
( • . 111
y Page 2 .
n e
■
4
P IAL USE PERMIT
I
?r,
, .1 Type of fill: Native soil from on-site excavation
y` 5600 c. . fill and 8700 c. exC' .a;; on = 3,10
, yards Y y ,, 3,100 c.y. � •
s° �-.b1c aids caf f �.�.
,r net increase in l�o�c".--fa id ".-.."
Area of 3,te to be occupied by fill 103,500 (within fior 'r ,ain)
1 � Y sq. fta
'�"� (Sq.Ft. (Fi11)/`Sq.Ftm (sate)) x 100 = 13.5 % of 'site to be
} filled.
;' Distance of fill from stream's edge: Horizontal Distance 60* Ft.
Vertical Drop 9 .Ft.
,.•f *at nearest point (see Flood Plain Exhibit ...-
/
, e Plan)
Y Type of bank to be installed: compacted native soil protected by land--,
3ca e plantings & grass planting
Net change in storage capacity of floodplain resulting from fill l
83,706 CtJ.Fta
Will the fill increase the flood crest or modify the flow of floodwaters?
, Yes No X If so,
what will the quantitative
effects be? (Attach a sheet for explanation) .
• j ,
ructures Existing structure (s) in floodplain: none
Height Ft. Width Ft.
Distance from Stream' s edge: Horizontal Distance Ft.
a Vertical Drop Ft.
•
3 Proposed structure (s) in floodplaira
r Height Pt. Width Ft
Distance from stream's edge: Horizontal nistance Ft.
r Vertical Drop Pt,
Distance between existing and proposed structure (nearest Point) ,'•
Ft. ` T , lb
it 4
•' • y °,_
Will the structure increase the flood crest or modify the i`l�aw
waters? Yes No If soa What will the
flood wa f
quantitative effects he? (Attach a sheet for e la at
4
R will the proposed structure b. e designed to Withstand StZ
tl the eiestr:uctiv
' , '
effects of a flood without significant can
t d aYag ? (Attach a:.., sh:ei.i�.t to
explain specifc5) .
•
a
r A.
1
1\ V A
PAGE 3
k, o r• d_
F, USE EL NIT
•
• • q SPECSPECIAL r
s orage What type of materials are to be stored? none
• Volumejguan,tity of material (s) •
Distance of storage from stream's edge: Horizontal
Vertical Drop _... Ft.
•
Distance of storage from nearest building •
., Will the material be anchored to p revent movement-:in the even of a
. Flood?
{ s How? No Why NNot?�e •
(Attach a sheet for explanation
Type of screening for storage •
•
•
•
•
•
•
•
•
•
•
• •
•
• a Yv
•
•
i •
•
•
1
■ . .
C++': i`�•P}: CO;'D IT1.tOt\JL USE YhGl� iii:\�i.�a - �:E:ii.POr ARY. USE ^i\Ud'1{'",\.4. `ti,i„ r:J,y G r
y„
USE RE'QUESTS er° x •
A L CA T w{0 t x File t•
Fee Rec'd.
• Tigard Planning Commission 639-4171
Receipt
±2420 S.141. ',lain St-. T:ifLard., Oregon 97223 Date P�tc d'.
By
The "contact person" married in this application will receive all major correspondence
from the Tigard Planning Department and that person is responsible for providing saw
to owner, architects, engineers, consultants, etc.
In this case the "contact person" is:
NP.t+E Richard 2' •�C rrnan - Oreeton 3'sanc?ocapn Maintenance .
ADDRESS 754I S»W Cirrus Dri.ve. Tr:a,vtcrton oreron 970 5
TET,E?HONE
644w8400i
All comauanications from this department shall include the appropriate file numkier,
The file nun her in this case is
I have read this section and I agree, as the "contact person", to provide a7.3, infar
ma;tion to other parsons with an interest in this project. �`
7
Signature
date /
PLEASE PRINT IN INK OR TYPE
action Requested T1eir? r ounri
craoa. .r)r stcxan
dap icant's Name Cap;;rron Lanc1ocap,• t•4ai.n'enanc Phone 4_
:!p,plicant's Address � {r�1. $. 1. C'irrns ? ri. r°` ncl r OR 97005
r1V..�'tbn +�, , r
(street ,
(city) (state) (zip) I�., .
• i.Iwner's Name � + ,1, Pero 1,plr" Phone (43 755l
lto\\'ner's Address "24.x' SAL cirrus Drive, y air°';rton OR 9700'5
• =
(street) (city) (state)e) (zip) •
Appl1,,cant is: Owner Contract Purchased Developer Agent cc
Other -�
•
Owner Recognition of application: C. A a!'`
signature of owner(s)
Pe7.-son re'sponsible for application ovr!on Isarirlscapo, Ila3nton n de •e/o Ri ha r
__.,1��""+tw!'•r"nn or. 07005
( a.ty) (state) (zip)
V PROPERTY INV .V ED. Tex A cxr - '11a.)51 Lot(s)
,c.c ess Area
Y - , C�crest
a. s rn ru ].di.ngs (' and type)
2Y.1rrent Zonang Current Use x
'1licant�s Appli can't+s
)rcposer '2,criing Proposed Use
Y �r Title
Report j +Fa,s ano" Qu3y.eCun 4
S
: ] Legal flescrip aon i
Vican�, ?;tip
Ta>z t lttap Site P eloprtent 'Plan
', __