MMD2013-00002 NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2013 -00002
HANNAH SOCIETY T I G A R D
120 DAYS = 05 -17 -2013
SECTION I. APPLICATION SUMMARY
FILE NAME: Hannah Society
CASE NO.: Minor Modification (MMD) MMD2013 -00002
PROPOSAL: The proposal is a tenant improvement for approximately 15,000 square feet of
existing development. The project consists of selective interior demolition and
interior improvements. All existing exterior features will remain unchanged. The
previous use was retail and the proposed use is retail with warehouse and accessory
veterinary medical offices.
APPLICANT: Symons Engineering Consultants
12805 SE Foster Road
Portland, OR 97236
PPR Square Too, LLC
OWNER: 401 Wilshire Blvd, Ste. 700
Santa Monica, CA 90401
LOCATION: 10164 SW Washington Square Road, WCTM 1S135BA, Tax Lot 00102.
ZONING
DESIGNATION: MUC: Mixed Use Commercial District. The MUC zoning district includes land
around the Washington Square Mall and land immediately west of Highway 217.
Primary uses permitted include office buildings, retail, and service uses. Also
permitted are mixed -use developments and housing at densities of 50 units per
acre. Larger buildings are encouraged in this area with parking under, behind or
to the sides of buildings.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.360.060.C.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted in
Section IV.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
MMD2013 -00002 Hannah Society Decision 01 -22 -2013 Page 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel is located at the intersection of Hall Blvd. and Washington Square Road within the
boundaries of the City of Tigard.
Proposal Description:
The proposal is a tenant improvement for approximately 15,000 square feet of existing development.
The project consists of selective interior demolition and interior improvements. All existing exterior
features will remain unchanged. The previous use was retail and the proposed use is retail with
warehouse and accessory veterinary medical offices.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
Section 18.360.060.0 states that a minor modification shall be approved, approved with
conditions or denied following the Director's review and as follows:
1. The proposed development is in compliance with all applicable requirements of this
title; and
FINDING: Upon review of the proposal's plans and narrative, staff finds that all applicable
requirements of this title, are satisfied. This criterion is met.
2. The modification is not a major modification.
FINDING: Staff finds that the criteria listed in TDC18.360.050.B.1- llhave been satisfied,by
review or do not apply. Therefore, the proposed development is not a major
modification. This criterion is met.
.CONCLUSION: The proposal is in compliance with the applicable requirements of this title and
it is a minor modification of a site development.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not
be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON JANUARY 22, 2013
AND BECOMES EFFECTIVE ON JANUARY 23, 2013.
MMD2013 -00002 Hannah Society Decision 01 -22 -2013 Page 2
Questions:
If you have any questions, please contact Hap Watkins at (503)718 -2440 or by mail to the City of
Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, 97223.
4 4: //, 7 January 21 2013
APPROVED BY: Darrel " l ap" Watkins DATE
Livability Compliance Specialist
hap @tigard- or.gov
MMD2013 -00002 Hannah Society Decision 01 -22 -2013 Page 3
RECEIVED
• City ofTigard JAN 09 2013
TIGARD Minor Modification — Type I Ap . , 1(1- nr " ► RING
GENERAL INFORMATION
Property Address /Location(s): /► r - -' ' -III In addition the Director must find that the proposed
• v �' A19!
change is in with all applicable requirements of
Tax Map & Tax Lot #(s): 46 / 3 y" P4 ova 2,), Title 18 of the Tigard Development Code. To complete
this review, the Applicant's proposal must include a
Site Size:
Sy(- discussion indicating how the site expansion /change will
continue to comply with the maximum setback, building
Applicant *: 3 1. /1 J-n' /5 ti ( � f.1/ - (.1 1 f,S height, parking, and landscaping standards. Other
Address: .:11'' Fe •_ _ requirements of this title such as clear vision, solid waste
City/State: 7 L1 (7 Zip: q 7 (p storage, non - conforming situations, signs, and tree
Primary Contact: pod() \i (if S removal may also be applicable depending on the type and
Phone:303 -7 -1353 Fax: S/73 - oa - /96 2 location of the proposed modifications.
Cam, i j i f
Property Owner /Deed Holder(s) *:
(Attach list if more than one)
?? .59t ) ip" T;: REQUIRED SUBMITTAL ELEMENTS
Address: /6i >ni; 511t,re, P-)vI E*t'.�Phone: pP be accepted d without the
j � Zip: (jl (Applications will p
City/State: S Men; en t lam. p:9f � ollowing required submittal elements)
* When the owner and the applicant are different people, the Pplicatlon Form
applicant must be the purchaser of record or a lessee in ✓Owner's Signature /Written Authorization
possession with written authorization from the owner or an 0 Vitde Transfer Instrument or Deed
agent of the owner. The owner(s) must sign this application
in the space provided on the back of this form or submit a 113ite Plan (4 Large Plans & One - Reduced to 81/2" x 11 ")
written authorization with this application. ll7 licant's Statement /Narrative (4 copies)
Filing Fee $627.00
Minor Modifications:
Minor Modifications are processed for permitted uses and
conditional uses. To review a modification as a Minor
Modification, the Director must first find that the expansion
or change does not invoke one or more of the criteria
discussed within Section 18.360.050(B) - Site Development FOR STAFF USE ONLY
Review or Section 18.330.020(B)(2) - Conditional Use. If the ()' D p' ,�� aC
modification exceeds the maximum allowed under any one or Case No. (s):41
more of the criteria, a Major Modification review is required.
Major Modifications are processed in the same manner as a Other Case No.(s):
new Site Development Review or Conditional Use Permit. q '14 Receipt No.: j 8
Applicant's Statement: Date: ! r ( 3
The applicant's statement must include a summary of the G J) n
proposed changes. Criteria in either 18.360.050(B) or Application Accepted By: s'dtf J
18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete: 1
to each criterion. Failure to provide the information needed Revised: 11/8/11
to process the application would be reason to consider an a \curpin \masters \land use applications \ minor modification app.docx
application incomplete and delay review of the proposal.
City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard- or.gov I Page 1 oft
•
CITY OF TIGARD RECEIPT _
13125 SW Hall Blvd., Tigard OR 97223
- 503.639.4171
TIGARD
Receipt Number: 189745 - 01/09/2013
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MMD2013 -00002 Minor Modification to an Approved Plan 100 - 0000 -43116 $546.00
MMD2013 -00002 Minor Modification to an Approved Plan - 100- 0000 -43117 $81.00
LRP
Total: $627.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 2950 HWATKINS 01/09/2013 $627.00
Payor: Hannah's, LLC
Total Payments: $627.00
Balance Due: $0.00
•
Page 1 of 1
RECEIVE
JAN 09 2013
City of Tigard
CITY OF TIARD
Type I — Minor Modification Application P ANN NG ENGINEERING
NARRATIVE
Hannah Society Washington Square Too TI
10164 SW Washington Square Rd., Tigard, OR 97223
January, 2013
PREPARED FOR:
Hannah's, LLC
16820 McGillivray Blvd
Vancouver, WA 98683
PREPARED BY:
SYMONS ENGINEERING CONSULTANTS, Inc.
12805 S.E. Foster Road
Portland, OR 97236 -4521
(503) 760 -1353
1
Site Address: 10164 SW Washington Square Rd., Tigard, OR 97223
{
Development Proposal
The applicant is proposing a tenant improvement for a portion of this property to meet their
current business needs. The proposal consists of selective interior demolition and interior
improvements to accommodate a template floor plan, all existing exterior features will remain
unchanged. The facility will serve as the tenant's veterinary clinic, office, and storage related to
their pet oriented business.
The following activities will occur at the facility:
A. Primary purpose: This facility will serve as a full veterinary hospital and clinic for Hannah
members' dogs, cats, rabbits and guinea pigs.
B. Other purposes: a) Pet behavior classes will be taught; b) grooming; c) member and placement
consultations.
Narrative Format
Code sections identified for compliance, in the pre -app notes by staff are as follows:
Section Title Location
18.360.050(B) Major Modification(s) to Approved Narrative
Plans or Existing Development
18.360.020(B)(2) 18.330.020 Approval Process Narrative
Code citations are printed in Italics, responses to code requirements are printed in Anal.
2
NARRATIVE — UNIFIED DEVELOPMENT CODE REVIEW
18.360.050 Major Modification(s) to Approved Plans or Existing Development
A. Determination request. An, applicant may request approval of a modification to an approved plan or
existing development by:
1. Providing the Director with three copies of the proposed modified site development plan; and
2. A narrative which indicates the rationale for the proposed modification addressing the changes listed
in Subsection B below.
B. Evaluation criteria. The Director shall determine that a major modification(s) will result if one .or more of
the following changes are proposed. There will be:
1. An increase in dwelling unit density, or lot coverage for residential development; Not applicable.
2. A change in the ratio or number of different types of dwelling units; Not applicable.
3. A change that requires additional on -site parking in accordance with Chapter 18.765; Not
applicable: Previous drug store usage would have generated a requirement of
15ksf X 3.7 = 56 spaces existing. Proposed minimum parking requirement is as
follows:.2.454ksf office X 2.7 =6.75, 9.756ksf medical office X 3.9 = 38.05, 2.790
ksf warehouse X 0.5 = 1.4 fora TOTAL of 47 stalls. The minimum parking required
has been reduced.
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code;
Not applicable.
5. An increase in the height of the building(s) by more than 20 %; Not applicable.
6. A change in the type and location of accessways and parking areas where off-site traffic would be
affected; Not applicable.
7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100
vehicles per day; Not applicable.
8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding
expansions under 5,000 square feet; Not applicable.
9..A reduction in the area reserved for common open, space and /or usable open space which reduces the
open space area below the minimum required by this code or reduces the open space area by more
than .10 %; Not applicable.
10. A reduction of project amenities below the minimum established by this code or by more than 10%
where specified in the site plan: Not applicable.
a. Recreational facilities;
b. Screening; and /or
c. Landscaping provisions.
11. A modification to the conditions imposed at the time of site development review approval which are
not the subject of Subsections B.1 through 10 above of this section. Not applicable.
C. When the determination is made. Upon determining that the proposed modification to the site
development plan is a major modification, the applicant shall submit a new application in accordance
with Sections 18.360.030 and 18.360.070 for site development review prior to any issuance of
building permits.
This project does not constitute a major modification to the existing development.
•
3
18.360.060 Minor Modification(s) to Approved Plans or Existing Development
A. Minor modification defined. Any modification which is not within the description of a major modification
as provided in Section 18.360.050 shall be considered a minor modification.
B. Process. An applicant may request approval of a minor modification in accordance with Section
18.360.030.B and as follows:
1. Providing the Director with three copies of the proposed modified site development plan; and
2. A narrative which indicates the rationale for the proposed modification addressing the changes listed
in Section 18.360.050.B.
C. Approval criteria. A minor modification shall be approved, approved with conditions or denied following
the Director's review based on the finding that:
1. The proposed development is in compliance with all applicable requirements of this title; and
2. The modification is not a major modification.
18.330.020 Approval Process
B. Major modification of approved or existing conditional use.
1. An applicant may request approval of modification to an approved plan by:
a. Providing the Director with five copies of the proposed modified conditional use site plan;
and
b. A narrative addressing the proposed changes as listed in subsection B.2 below.
2. The Director shall determine that a major modification(s) has resulted if one or more of the
changes listed below have been proposed:
a. A change in land use; Not applicable.
b. A 10% increase in dwelling unit density; Not applicable.
c. A change in the type and /or location of access ways and parking areas where off -site traffic
would be affected; Not applicable.
d. An increase in the floor area proposed for non - residential use by more than 10% where
previously specified; Not applicable.
e. A reduction of more than 10% of the area reserved for common open space and /or usable
open space; Not applicable.
f A reduction of specified setback requirements by more than 20 %; Not applicable.
g. An elimination of project amenities by more than 10% where previously specified provided
such as: Not applicable.
(1) Recreational facilities;
(2) Screening; or
(3) Landscaping provisions; and
h. A 10% increase in the approved density;
3. Upon the Director determining that the proposed modification to the conditional use plan is a
major modification, the applicant shall submit a new application in accordance with Section
18.390.050.
This project shall be deemed a Minor Modification.
C. Minor modification of approved or existing conditional use.
1. Any modification which is not within the description of a major modification as provided in
Subsection B above shall be considered a minor modification.
2. An applicant may request approval of a minor modification by means of a Type I procedure, as
regulated by Section 18.390.030, using approval criteria in Subsection C.3 below.
3. A minor modification shall be approved, approved with conditions, or denied following the
Director's review based on the findings that:
a. The proposed development is in compliance with all applicable requirements of this title; and
b. The modification is not a major modification as defined in Subsection A above.
** End of Narrative **
4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this_ '= day of February, 1999, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared Eddie L.,
Hendrikson, to me known to be the person who signed as Vice President of Winmar Oregon,
Inc., the corporation that executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that Eddie L. Hendrikson was duly elected,
qualified and acting as said officer of the corporation, that Eddie L. Hendrikson was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and
year first above written.
; ° tiirT: "of Nod
my. _ ems:
or stamp e' of Notary)
� �' ' NOTARY PUBLIC in
;9� -'� C and for the State
•� ,', of'Washington,
residing at _ .. '
4; f AI , v: My Appointment Expires: 5/2$:/00
B1\
SQUARE TOO DEED PAGE 2
[00388 -0035 /SB990390.205] [EXECUTION COPY]
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this : I1 . .: day of February, 1999, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared Thomas
A. Barkewitz, to me known to be the person who signed as Secretary of Winmar Oregon,
Inc., the corporation that executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that Thomas A. Barkewitz was duly elected,
qualified and acting as said officer of the corporation, that Thomas A. Barkewitz was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and
year first above written.
' 4 — - --
; store ofN
���,•��•�� inv1
' ® _ e' of Notary)
- :tt�;..:. -•• =- ` � (Print or stamp �F:�` _�
9 '
:OS't NOTARY PUBLIC in and for the State
- of Washington, residing at __ !'O
My Appointment Expires: ,6/207 .PQ
SQUARE TOO DEED PAGE 3
[00388 -0035 /SB990390.205] [EXECUTION COPY]
SCHEDULE 1
Legal Description
PARCEL 1:
Wuicl Offlated:eiv.,e:ta:pottiOnot ilie41OrthiVettipl#0.04410Of..Section 35, Township 1 South, Range
;' W e4 i it * V15114114 *: 111 004 44 4:Ehe..citkollo.d.::.Countr - ofWasitioStou and State of
'Oreg!*
Begianingat the Northwest comer of Lot 25 of 0.AKBURG, a recorded plat in said
loatity North 25.00 feet thence North 89°41'48" West
47‘,47!?fr e t P t ! ie *Vi i itk 1 02:0_.*'*0 5 .00 1 00.tge1401e 'rug peini of begionins;
thenteifrb0:::#44j'riiipouwof,heginning:Nar*IX19200" West 310.83 feet; thence
1°. thence 10.23 feel along the
ariora20 angle of 21° 1711" to a
P P Mi= c iti j i c e M eilait,ar th i li l f es tokok*404kgsoiroolesg:GreCatiare . *dattAs
destlibecrliti of Watthingtot CaiWthence 404(0
*sr-4W brie of #40410:44ririenborgliaa4as,-(0116101:7Silusit West
361f fe* County Engineer's center line station
:i_05.1•7.4)the0Celouth:;12$0'24?..East 28. 18f� POintis 42.00 feet Westerly of
ceinerllifigraijoul,Ok.04*.ea:oeScards:14°48'04" West 143.35
legLain pOit*Ofcnrvaturre (taidpOink.islOCatedat.tUgincer's center line station
197*4 3.25;P.C);Ithente4(4.92:11iet a1ongthfarc of a 2,249.83 foot radius curve to the
:;.right through A central iogli 40412'0r to a point orngencyttnidpninCis located at
Xagituter's eintei Station 109+11.35); thence Saudi .1 9, 00 3814 for to a
:point of curvature (taid Engineer's center line station 109+11.35 P.T.);
ithence 132.80 *et along the .#042,33183 fataradius curve to the left through a
*Ira_ ‘,angk.ot 42.00 Westerly of
'..togirreeei anti:* itta4.010,*80.0); ;ticaCe South 56°51'06" West 27.24 feet to
000 thit4.10**10310****iiii gaga line station 111+00.00;
th,O.....***4 of a 41.00 foot radius curve (a
raflial,14r through said point Nava South 23f33'21" East); thence !caving the right-of-
*WO: feet the arc of said 41.00 foot radius
cON0:1041fie:t0iiiitithrOiiih*eenir4a 4041317* to a pain of compound curvature;
tittote,93.30.41dag theist a,* 467.0 font radius a
etraratangkeif 06i2'05' TO a pa* of Pogeelerit4eate NOM '64 388.71
feet to a poi*: of OUrViUtirei thence 165.14 fear along the arc of a 380.00 foot radius curve
to the left **ski. central angle ct24°53'59° roe point of tangency; thence North 89°
'48"'WeAt 119-04 feek
_
° TOGETHER Wrill an easemcnt for access as set forth in Construction Operation and
"t§eiltoctidEittetatatt dated.401 and recorded May 2 , 1972 in
,Book 865, _ OOR Soak 936 Page
:4 ki gPau.Igaau;'1APorlacCroaninarY29:4Fr, peattlersTe010 90-08131, and by
. iistiUntesittiteriiedli29 'illenNo. . 94467310
1
„ .
• 0. described in instrument recorded
NO.iriibir7igi991;;Itiiitike6
PARCEL 11:
• A parcel of laud lying in OAKBURO, a duly recorded Plat in said Washington County, and a portion of
said Section 26, in the City of Tigard. County of Washington and Stars Of Oregon. described as
follows: _
Square Too/Fringe, Page 1 of 2
Commencing 4 on*ONorthetlif0161)000o Odic:W*0*litre of f:44 23 of
04 BURG;4 4 irlyietorde4)10:in:44.0**..i.**,ibercen$001ti*Iff 12" East 25.00
feet fillittheTIOlkiitikenniernflaiiilikth4ec Sou di 00° 118! 121(W.rga301$0•feet'tO the true
point of heti:Ming; thence South 89" 41' 48 East 32.44 feet to a point of curfature, thence
• 139.07 feet along the arc of a 320.00 foot radlualcunfelohe oglittliftinika Central. angle of
24° 53' 59° (the long chord bears South 77° 14';48't 44037:97feec)**polntirtaugeney;
thence South 64° 4? 49 LIU 405.94,*(caithe.;04:0iLCIAge;thellf1C40001-.C4.41Otit
the arc of a 04 angle;of0e$0- 19" (the long
c,49 12.8,7'F.iniv.140.9414#*::*kicati
2326 lfee!'410ittitie'a# of 44 010 . 0'
17: ‘ ,09 ; 4971 '04*** 111 .b*Ira Snatii5
on the Weslo4 nithl of Sombwmt.criecOlun't ROarrat dcnbed•ui Rords Fee No.
790257 of feet; County; thence tracing id Westerly right-of-waY 04"
West 416.03 Reg dime South 16° 36' 34" West 17.73 feet; thence South 24° 42' 46" West
27.31 feet, thence South 41° 38' 09° West 47.26 feet to the Northeasterly iishr-of-way line of
the Oregon State Highway 0 said Northeasterly right-
of-way line North 78° 56' 19"N*1,044* Wert 184.89 feet;
thence leaving said Northeasterly iight4f4ay ling rcitthi.oimin:jati Highway North 00° 18'
12" East 585.25 feet to the Mac point of beginning.
TOGETHER WITH an easement for access as set forth in Consauction Operation and
Reciprocal fiseffieitt AgrCCUIe1 dafed 4:1I2S, „.19774,:attil. recorded May 2, 1972 in
Book 1165, 'NK1.4,,:**4c4 lii1a.rnnordettlitlit9„1.973, Book 936, Page
284 and by instrunientrecorded Febniary 20, 1990, Recorder's Fee No. 90-08131, and by
instrument recorded June 29. 1994, as Recorder's Fee No. 94-062510.
FURTHER EXCEPTING THEREFROM that portion described in Dedication Deed recorded
January 13,1997, Recorders Fee No. 97003402, and FURTHER EXCEPTING THEREFROM that
portion dactibc4 in instrunicat recorded November 19, 1997, Recorder's Fec No. 97108989.3.
PARCEL
That tract of land situated in Section 26, Township 1 South, Range 1 West of the Willamette
Meridian, in the County of Washington and State of Oregon, more particularly described as follows:
Commencing at the intersection of the Easterly line of that tract of land conveyed ro D.W. Crcar
by deed recorded Novanba 3, 1965, in Book 576, Page 195, Records of Washington County.
Oregon, with the Southwesterly line pitfall Boulevard; *awe along said Starthwancrly line South
64° 12' 59” East 73.30 feet; dunce am:inning South 64 12'9" East 194.88 feet; thence South 01°
30' 00" West 22.22 feet* the true point Ofbeginning; thence continuing South 01° 03' 00" West
228.03 feet; Mena North 88° 57' 00° West 177.00 feet dame North 01° 03' 00" East-252.50 feet
to a point of curvature; thee 56.47 fart along rho arc of a 45.00 foot radius curve to the right
through a coin* angle of 71 54' 03" (the chord of which bears North 37° 00' 09" East 52.84 feet)
10 a Pa= of lioniall8oncY; thence South 64° 12' 59" East 160.72 fax to the true point of beginning.
TOGETHAR. WITH an easement for aces as set forth in Construction Operation and
Reciprocal'Easement *Itipteriern!iliteti 4425;4972, andsecorded May 2, 1972 in
Book 865, Page 12,is dby mstniincnz irdedlu1Y 19, 1973, Book 936, Page
284 and bYliint lietirded Febrisiny 20, 1990, Fcc No. 9048131, and by •
1nm:tuning recorded June 29, 1994, as Recorder's Fee No. 94-062510.
Square Too/Fringe, Page 2 of 2
•
Schedule 2
Permitted Encumbrances
•
1. Construction, Operation and Reciprocal Easement Agreement, including the terms and
provisions thereof,
Dated • April 25, 1972
Recorded May 2, 1972
Book 865
Page 12
First Amendment,
Recorded July 19, 1973
Book 936 •
Page ; 284
Second Amendment,
Recorded February 20, 1990
Recorder's Fee No 90- 08131
Third Amendment
Dated April 22, 1994
Recorded June 29, 1994
Recorder's Fee No. : 94- 062510
[ 11, 24 and added for Parcel III]
2. Trust Deed, including the terms and provisions thereof
Amount : S13;500,00000
Dated • November 25, 1996
Recorded November 27, 1996
Recorder's Fee No 96105989
Trustor Winmar Oregon, Inc.
Trustee • Transnation Title Insurance Company
Beneficiary • Safeco Life Insurance Company
•
Loan No. • SPLM0798
Affects Parcels I, II and III.
[9]
3. Assignment of Leases and Cash Collateral, including the terms and provisions
thereof
Dated : November 25. 1996
Recorded • November 27, 1996
Recorder's Fee No. : 96105990.1
From : Winmar Oregon, Inc.
To Safeco Life Insurance Company
given as additional security to the Trust Deed
Recorded : November 27, 1996
Recorder's Fee No. : 96105989
Affects Parcels I, II and III.
[10]
** * * * THE FOLLOWING EXCEPTIONS AFFECT PARCEL I
4. An easement created by instrument, including the 'terms and provisions thereo
Dated July 2, 1979
Recorded July 2, 1979
Recorder's Fee No. : 79025766
In favor of State of Oregon
For • Slope purposes
Location An area along the Westerly boundary of SW Greenburg Rd.
[
5. • An easement created by instrument, including the terms and provisions thereo
Dated October 27, 1983
Recorded January 4, 1984
Recorder's Fee No. 84000169
In favor of • Unified Sewerage Agency
For • Sewer purposes.
Location :- An area 15, feet in width along the center line of vacated SW
Locust Street
[13]
6. An easement created by instrument, including the terms and provisions thereof,
Dated - : May 18, 1984
Recorded • June 22, 1984
Recorder's Fee No. : 84024213
In favor of : The public
For • Sidewalk purposes
Location An area near the Westerly boundary of SW Greenburg Rd.
[14]
7:, An easement created by instrument, including the terms and provisions thereof,
Dated January 2, 1992
Recorded • April 1, 1992
Recorder's Fee No. : 92021254
In favor of City of Tigard
For • . Sewer purposes
Location : An area in vacated Locust St.
[17]
8. An easement created by instrument, including the terms and provisions thereof,
Dated : November 12, 1997
Recorded November 19, 1997
Recorder's Fee No. : 97108988
In favor of Washington County, Oregon
For Permanent traffic control facilities
Affects Southeasterly area.
[
9.. Rights or claims of the following parties in possession as disclosed in the rent roll, as
tenants only; with no rights of first refusal or options to purchase:
A. Barns & Nobel Bookstore
B. Beauty First
C. Cost Plus
Also disclosed by,
Memorandum of Lease
Recorded February 9, 1994
Recorder's Fee No. : . 94013398
And as disclosed and modified by Subordination, Non - Disturbance and
Attornrnent Agreement, including the terms and provisions thereo
Between : Cost Plus, Inc. (lessee)
And • Safeco Life Insurance Company (beneficiary)
Dated • May 6, 1994
Recorded • June 26, 1994
Recorder's Fee No. : 94062204
[ 19]
D. Longs Drug Stores
E. Fuddruckers
F. GTE Phone Mart
G. Kinko's Copies
H. Dr. Notes Optometrists
9
•
The following affects tenant owned or leased fixtures only,
Financing Statement,
Recorded December 27, 1993
Recorder's Fee No. 93108699
From Dr. Noles Optometrist, P.C.
To Metropolitan Mortgage & Securities, Inc •
[18]
L• Pizza Hut
Also disclosed by,
Short Form Memorandum of Lease
Recorded November 23, 1987
Recorder's Fee No. : 87058220
The lessor's interest is now held by Winmar Oregon, Inc„ an Oregon corporation,
The lessee's interest is subject to the following:
A) Leasehold Trust Deed, including the terms and provisions thereof,
Amount : $6,000,000.00
Dated • October 1, 1987
Recorded November 23, 1987
Recorder's Fee No. : 87058221
Trustor : Pizza Huts of Portland, Inc.
Trustee : Safeco Title Insurance Company of Oregon
Beneficiary • Citicorp Industrial Credit, Inc.
The above Leasehold Trust Deed was modified by instrument, including the terms
and provisions thereof,
Entitled : Leasehold Trust Deed Modification Agreement
Dated June 24, 1990
Recorded • June 28, 1990
Recorder's Fee No. : 90 -33878
B) Consent to Installation and Waiver, including the terms and provisions thereof
Dated : September 21, 1987
Recorded : November 23, 1987
Recorder's Fee No. : 87058222
Between -, Fringe Land Ore. Ltd., an Oregon limited partnership
And Citicorp Industrial Credit, Inc.
[ 16]
J. Royal Panda
10
The following affect tenant owned or leased fixtures only, •-
Landlord's Waiyer, including the terms and provisions thereof,
Dated : October 23, 1985
Recorded November 6, 1985
Recorder's Fee No. : 85
Between Fringe Land Ore. Ltd. (Landlord) •
And : Northwest Hotel Supply Company (Lender)
• The lessor's interest is now held by Winmar Oregon, Inc., an Oregon corporation.
[15]
K. United Airlines
L. Willoughby's
* *' * * THE FOLLOWING EXCEPTIONS AFFECT PARCEL II * * * *
10. Limited access in deed to State of Oregon by and through its Department of •
Transportation, Highway Department which provides that no right or easement of right of
access to, from or across the ;State •Ighway other than expressly
provided therein shall attach to :abuttingproperty,
Recorded : Vecember 1961:
Book : 502
Page : 37
Affects an area along SW Greenburg Road.
[21]
11. Limited access as set forth in decree entered in Circuit Court, Washington
County, in favor of the State of Oregon, by and through its Department of Transportation,
Highway Department, which provides that no right or easement of right of access to, from
or;across the-,State}1 ghway'otHer than
: ,ttie° alutti�ng
provided t_lierei sliall! . _attach'' _
�to property.
`Filed,
.10,#W1 1964
;;Case No: 2 _
Affects an area along Beaverton Tigard Highway.
[22]
12. An easement created by instrument, including the terms and provisions thereof,
Dated ._ : June 7, 1979
•
Recorded July 2, 1979
Recorder's Fee No. : 79025766
In favor of Washington Count
For : Traffic control facilities; drainage and slope areas
Location : Along SW Greenburg Rd.
[23]
I i
•
13. [Moved to Exception No. 1 above]
14. An easement created by instrument, including the terms and provisions thereof,
Dated September 8, 1993
Recorded January 7, 1994 ,
Recorder's Fee No. 94002128 "
Infavor of Tualatin Valley Water District
For • Water line
Location • The Southerly area of Parcel I
[27]
15. An easement created by instrument, including the terms and provisions thereof,
Dated : March 2, 1994
Recorded ▪ April 8, 1994
Recorder's Fee No. . 94033939
In favor of : The public
For • 1 foot non - access
Location ▪ An area along Greenburg Road
[28]
16. Restrictive covenants, including the terms and provisions thereof, to waive right of
remonstrance,
Recorded • April 8, 1994
Recorder's Fee No. : 94033941
For : Street improvements
[29]
17. Financing Statement,
Recorded November 27, 1996
Recorder's Fee No. : 96105991
From : Winmar Oregon, Inc.
To : Safeco Life Insurance Company
Affects Parcels II and III
[31]
18. An easement created by instrument, including the terms a nd provisions thereof,
Dated November 12, 1997
Recorded • November 19, 1997 •
Recorder's Fee No. : 97108988
In favor of • Washington County, Oregon
For — • Permanent traffic control facility •
Affects Northeasterly area
[33]
The above instrument has not been acknowledged by the vestee herein.
I.2
19 :: An easement created by instrument, including the terms and provisions thereof,
Recorded : November 19, 1997
Recorder's Fee No. : 97108989.3
In favor of : Washington County, a political subdivision of the State of
Oregon
For : Slopes, illumination, water, gas, electric and communication
services lines, fixtures and facilities
Affects areas along Greenburg Road
[34]
20.: One foot Non - Access Easement, including the terms and provisions thereo
Dated January 13, 1997
Recorded January 13, 1997
Recorder's Fee No. : 97003402
Affects Southeasterly portion.
[35] •
21. Rights or claims of the following parties in possession as disclosed in the rent roll, as
tenants only, with no rights of first refusal or options t� purchase:
A. Bank of America
Also disclosed by,
Subordination, Non - Disturbance and Attornrnent Agree ment, including the terms
and provisions thereof
Dated November 25, 1996
Recorded • November 29, 1996
Recorder's Fee No 96106623.2
Between Safeco Life Insurance Company, as lender, Winmar
Oregon, Inc., as landlord, and Bank of America, as
'tenant
[
•
B. Broadway Cinema
Also disclosed by,
•
Memorandum of Lease
Recorded May 18, 1989
Recorder's Fee No. : 89 -22433
The lessee's interest is subject to the following:
1
•
•
A) Mortgage, including the terms and provisions thereo
Amount : $7,000,000.00
Dated November 15, 1977
Recorded. • November 16, 1977
Book _ 1217
Page 261
- Mortgagor Broadway Cinemas, Inc., et al
Mortgagee s United States National Bank of Oregon
Loan No. Not given
Affects additional property.
Said instrument appears to be missing "Exhibit A ".
The above Mortgage was modified by instrument, including the terms and
provisions thereo
Entitled • Supplement
Dated ▪ August 25, 1978
Recorded • September 13, 1978
Recorder's Fee No. : 78-40738
The above Mortgage was modified by instrument, including the terms and
provisions thereof.
Entitled • Amendment
Dated • February 1, 1985
Recorded • February . 7, 1985
Recorder's Fee No. : 85004442
B) Mortgage, including the terms and provisions thereof,
Amount : $3,500,000.00
Dated June 27, 1979
Recorded November 1, 1979
Recorder's Fee No. : 79045061
Mortgagor : General American Theatres, Inc.
Mortgagee • United States National Bank of Oregon
Loan No. • None given
• Affects additional property
The above Mortgage was modified by instrument, including the terms and
provisions thereof,
Entitled Amendment
Dated : February 1, 1985
Recorded February 7, 1985
Recorder's Fee No. : 85004441
•
I
•
Subordination, Non - Disturbance and Atton Agreement, including the terms
and provisions thereof
Dated : November 25, 1996
Recorded : November 27, 1996
Recorder's Fee No : 96105992
Between Safeco Life Insurance Company, as Lender, and
Broadway Cinema, Inc., as tenant
[26]
C. Cucina Cucina Italian Cafe
The following affects the tenant's interest only,
Security interest in the nature of Assignment of Lease for Security Purposes,
including the terms and revisions thereof, •
Dated April30, 1996
Recorded : - • 'June 4, 1996 •
Record er's Fee No. : 96049742
From Cucina! . Cticina! Inc., a Washington corporation
To Seattle -First National Bank
The following affects tenant owned or leased fixtures only,
Financing Statement,
Recorded June 7, 1996
Recorder's Fee No. 96051249
From Cucinal Cucinal Inc.
• To Bank of America NW dba Seafirst Bank
[
D. T Friday's
Also disclosed by,
Memorandum of Lease
Recorded June 6, 1979
Recorder's Fee No. : 79021779
The above Lease was modified by instrument, including the terms and provisions
thereof
Entitled : Consent Agreement and Modification
Dated • June 20, 1991
Recorded • June 20, 1991
Recorder's Fee No. : 91032053
15
•
•
The lessee's interest in the above lease was assigned by numerous documents and
by Assignment and Assumption of Lease including the terms and provisions
thereof
Dated • October 3, 1997
Recorded October 6, 1997
Recorder's Fee No. : 97093242
To Great Northwest Restaurants, Inc., a Washington
corporation
The following affect the lessees interest:
A) Security interest in the nature of an Assignment of Lease and Agreement,
including the terms and provisions thereof,
Dated f June 20, 1991
Recorded June 20, 1991
Recorder's Fee No. 91032055
From Main St. Northwest, Inc.
To WRI U.S. Inc., a Delaware corporation
B) Unrecorded Franchise Agreement, including the terms and provisions thereof,
Dated : December 15, 1990
Between • Main St. Northwest, Inc., an Arizona corporation •
And • TGI Friday's Inc., a New York corporation
The above Unrecorded Agreement was disclosed and modified by instrument,
including the terms and provisions thereof
Entitled Subordination Agreement
Dated : June 20, 1991
Recorded : June 20, 1991
Recorder's Fee No. : 91032057
Subordination, Non - Disturbance and Attornment Agreement, including the terms
and provisions thereof
Dated November 13, 1996
Recorded November 27, 1996
Recorder's Fee No 96105993.2
Between Safeco Life Insurance Company, Lender and Main
St. Northwest, Inc., as tenant
[25]
* * * ** THE FOLLOWING EXCEPTIONS AFFECT PARCEL III * * * **
•
22: Rights or claims of the following parties in possession as disclosed in the rent roll, as
tenants only, with no rights of first refusal or options to purchase:
A. U. S. National Bank
Igo
Also disclosed by,
Memorandum of Lease
Recorded September 3, 1974
Book ▪ 991
Page ▪ 54
. The lessor's interest in the above lease was acquired by Warranty Deed including
the terms and provisions thereo
•
Dated : January 1, 1995
Recorded November 20, 1995
Recorder's Fee No. : 95085547
To Winmar Oregon, Inc., an Oregon corporation
Subordination, Non - Disturbance and Attornment Agreement, including the terms
and provisions thereof,
Dated : November 12, 1996
Recorded : No vember 27, 1996
Recorder's Fee No 96105994.2
Between Safeco Life Insurance Company, as lender, and
United States National Bank of Oregon, as tenant
[36]
23.. Financing Statement,
Recorded November 27, 1996
Recorder's Fee No : 96105991
From Winmar- Oregon, Inc.
To Safeco Life Insurance Company
Affects Parcels. U and III V • '
[37] - .
•
•
11r`e Qllor ist tai
odds d for S,b,1 1l -1"
PARCEL I:
A tract of land over a portion of the Northwest one - quarter of Section 35, Township 1 South, Range
1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of
Oregon, being more particularly described as follows:
Beginning at the Northwest corner of Lot 25 of OAKBURG, a recorded plat in said
county and state; thence North 00 °18'12" East 25.00 feet; thence North 89 °41'48" West
37.27 feet; thence North 00 °20'00" West 30.00 feet to the true point of beginning;
thence from said true point of beginning North 00 °20'00" West 310.83 feet; thence
South 89 °4F 14" East 872.01 feet to a point of curvature; thence 10.23 feet along the
arc of a 29.00 foot radius curve to the right through a central angle of 21°12'51" to a
point of intersection of the Westerly right -of -way of Southwest Greenburg Road as
described in Recorder's Fee No. 79025766 of Washington County; thence along the
Westerly line of said Southwest Greenburg Road as follows: South 14 °48'04" West
36.48 feet, (said,point is 55.00 feet Westerly of County Engineer's center line station
105 +75); thence South 12 °40'24" East 28.18 feet (said point is 42.00 feet Westerly of
County Engineer's center line station 106+00); thence South 14°48'04"-West 143.35
feet to a point of curvature (said point is located at Engineer's center line station
107 +43.35 P.C.); thence 164.92 feet along the arc of a 2,249.83 foot radius curve to the
right through a central angle of 04°12'00" to a point of tangency (said point is located at
Engineer's center line station 109 +11.35); thence South 19° 00' 04" West 38.24 feet to a
point of curvature (said point is located at Engineer's center line station 109 +11.35 P.T.);
thence 132.80 feet along thearc of a 2,333.83 foot radius curve to the left through a
central angle of,03 °15'37" to a (said point is located 42.00 feet Westerly of
Engineer's center line station 110 + 80.00); thence South 56 °51'06" West 27.24 feet to a
point that is located 60.00 feet Westerly of Engineer's center line station 111 +00.00;
thence South 15°12' 07" West 3.51 feet to the intersection of a 41.00 foot radius curve (a
radial line through said point bears South 23 °33'21" East); thence leaving the right -of-
way of the Southwest Greenburg Road 30.45 feet along the arc of said 41.00 foot radius
curve to the right through a central angle of 42 °33'27" to a point of compound curvature;
thence 93.30 feet along the arc of an 862.00 foot radius curve to the right through a
central angle of 06 °12'05" to a point of tangency; thence North 64 °47'49" West 388.71
feet to a point of curvature; thence 165.14 feet along the arc of a 380.00 foot radius curve
to the left through a central angle of 24 °53'59" to a point of tangency; thence North 89°
41' 48" West 89.04 feet to the true point of beginning.
TOGETHER WITH an easement for access as set forth in Construction Operation and
Reciprocal Easement Agreement dated April 25, 1972, and recorded May 2, 1972 in
Book 865, Page 12, as amended by instrument recorded July 19, 1973, Book 936, Page
284 and by instrument recorded February 20, 1990, Recorder's Fee No. 90 -08131, and by
instrument recorded June 29, 1994, as Recorder's Fee No. 94 -062510.
FURTHER EXCEPTING THEREFROM that portion described in instrument recorded
November 19, 1997, Recorder's Fee No. 97108989.3.
PARCEL II:
A parcel of land lying in OAKBURG, a duly recorded Plat in said Washington County, and a portion of
said Section 26, in the City of Tigard, County of Washington and State Of Oregon, described as
follows:
ig
•
Commencing at a point on the Northerly prolongation of the Westerly line of Lot 25 of
OAKBURG, a duly recorded plat in said county, distant thereon North 00° 18' 12" East 25.00
feet from the Northwest corner of said lot; thence South 00° 18' 12" West 30.00 feet to the true
point of beginning; thence South 89° 41' 48" East 32.44 feet to a point of curvature; thence
139.07 feet along the arc of a 320.00 foot radius curve to the right through a central angle of
24° 53' 59" (the long chord bears South 77° 14' 48" East 137.97 feet) to a point of tangency;
thence South 64° 47' 49" East 405.94 feet to the point of curvature; thence 111.00 feet along
the arc of a 930.00 foot radius curve to the left through a central angle of 06° 50' 19" (the long
chord bears South 68° 12' 58" East 110.94 feet) to a point of compound curvature; thence
23.26 feet along the are of a 49.08 foot radius curve to the right through a central angle of
27° 09' 29" (the long chord bears South 58° 03' 23" East 23.05 feet) to a point of non - tangency
on the Westerly right -of -way of Southwest Greenburg Road as described in Recorder's Fee No.
79025766 of Washington County; thence tracing said Westerly right -of -way South 14° 50' 04"
West 416.03 feet; thence South 16° 36' 34" West 17.73 feet; thence South 24° 42' 46" West
27.31 feet; thence South 41° 38' 09" West 47.26 feet to the Northeasterly right -of -way line of
the Oregon State Highway (Beaverton - Tigard Freeway); thence tracing said Northeasterly right -
of -way line North 78° 56' 19" West 347.44 feet; thence North 62° 54' 14" West 184.89 feet;
thence leaving said Northeasterly right -of -way line of the Oregon State Highway North 00° 18'
12" East 585.25 feet to the true point of beginning.
TOGETHER WITH an easement for access as set forth in Construction Operation and
Reciprocal Easement Agreement dated April 25, 1972, and recorded May 2, 1972 in
Book 865, Page 12, as amended by instrument recorded July 19, 1973, Book 936, Page
284 and by instrument recorded February 20, 1990, Recorder's Fee No. 90- 08131, and by
instrument recorded June 29, 1994, as Recorder's Fee No. 94- 062510.
FURTHER EXCEPTING THEREFROM that portion described in Dedication Deed recorded
January 13,1997, Recorder's Fee No. 97003402, and FURTHER EXCEPTING THEREFROM that
portion described in instrument recorded November 19, 1997, Recorder's Fee No. 97108989.3.
PARCEL III:
That tract of land situated in Section 26, Township 1 South, Range 1 West of the Willamette
Meridian, in the County of Washington and State of Oregon, more particularly described as follows:
Commencing at the intersection of the Easterly line of that tract of land conveyed to D.W. Creary
by deed recorded November 5, 1965, in Book 576, Page 195, Records of Washington County,
Oregon, with the Southwesterly line of Hall Boulevard; thence along said Southwesterly line South
64° 12' 59" East 73.30 feet; thence continuing South 64° 12' 59" East 194.88 feet; thence South 01°
30' 00" West 22.22 feet to the true point of beginning; thence continuing South 01° 03' 00" West
228.03 feet; thence North 88° 57' 00" West 177.00 feet; thence North 01° 03' 00" East 252.50 feet
to a point of curvature; thence 56.47 feet along the arc of a 45.00 foot radius curve to the right
through a central angle of 71° 54' 03" (the chord of which bears North 37° 00' 09" East 52.84 feet)
to a point of non - tangency; thence South 64° 12' 59" East 160.72 feet to the true point of beginning.
TOGETHER WITH an easement for access as set forth in Construction Operation and
Reciprocal Easement Agreement dated April 25, 1972, and recorded May 2, 1972 in
Book 865, Page 12, as amended by instrument recorded July 19, 1973, Book 936, Page
284 and by instrument recorded February 20, 1990, Recorder's Fee No. 90- 08131, and by
instrument recorded June 29, 1994, as Recorder's Fee No. 94- 062510.
1
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