The URL can be used to link to this page

MLP2003-00014 NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2003-00014 CITY OF TIC3ARD TIGARD TOWNE SQUARE PARTITION Community�Dever�nt sFiaping,7 BetterCommumry 120 DAYS =12/612003 SECTION I. APPLICATION SUMMARY FILE NAME: TIGARD TOWNE SQUARE PARTITION CASE NO: Minor Land Partition (MLP) MLP2003-00014 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing 17,424 square foot lot from the Tigard Towne Square site. Both resulting lots will continue to be used for commercial purposes, and no other development is proposed as part of this partition request. APPLICANT: VLMK Engineers, Inc. OWNER: SN Properties Partnership Attn: Jennifer Kimura 1121 SW Salmon Street 3933 SW Kelly Portland, OR 97205 Portland, OR 97239 ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. LOCATION: 16200 SW Pacific Highway; WCTM 2S1156A, Tax Lots 101 and 103. PROPOSED PARCEL 1: 355,832 Square Feet. PROPOSED PARCEL 2: 17,424 Square Feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land Partitions); 18.520 (Commercial Zoning Districts); 18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility Improvement Standards). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to ce�tain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 1 OF 12 . , CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: u m�t to t e ngineering epartment im c i an, , ext. or review an approval: 1. Provide a copy of the joint access easement over Parcel 1 to serve Parcel 2, and include a graphic exhibit depicting the location of this easement. 2. Prior to final plat approval, the applicant shall pay an addressing fee in the amount of $30.00. (STAFF CONTACT: Shirley Trea�, Engineering). 3. Prior to approval of the final plat the applicant's engineer shall provide a sight distance certification for the two parcels. 4. The applicant shall cause a statement to be placed on the face of that states "Direct vehicular access to SW Pacific Highway shall not be permitted from Parcel 2." 5. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: . GPS tie networked to the City's GPS survey. . By random traverse using conventional surveying methods. 6. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check m the amount of the current final plat review fee (Contact Planning/En�ineering Permit Technicians, at (503) 639-4171, ext. 426). C. The final pla and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. NOTE: Washmgton County will not begm their review of the final plat until they receive notice from the Engineenng Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. 7. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Pro ert Histo : e su �ect parcel is located in the Tigard Towne Square shopping center. The property is designated as General Commercial on the Tigard Comprehensive Plan and Zoning Map.. The subject proposal is to legitimize an illegal partition that had created tax lot 103 without formal partit�on review. The applicants wish to create the legal parcel in order to convey clear title for the property. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 2 OF 12 Site Information and Pro osal Descri tions e su �ect property is approximate y ,256 square feet in size. There are other tax lots associated with the Tigard Towne Square Shopping Center, but are not part of this present �plication. The property is generally flat and has frontage on Pacific Highway, Durham, and 113 Avenue. The applicants have no subsequent development plans, and would be required to undergo a separate land use review should additional development be proposed on either of these commercial parcels. Parcel #1 is proposed to be 17,424 square feet and parcel #2 is proposed to be 355,832 square feet. The property to the south is a mobile home park in R-12 zonin , to the west is commercial uses in King City, to the north is the Willowbrook Shopping Center in the C-� zone, and to the east are apartments in the R-25 zone. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. No written comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply.with all statutory and ordinance requirements and regulations as demonstrated b the analysis contamed within this administrative decision and through the imposition of conditions o�development approval. All necessary conditions must be satisfied as part of the development and building process. Therefore, this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public facitities are available to serve the proposal. Therefore, this cntenon is met. All proposed improvements meet City and applicable agency standards; and The public facilities and proposed im rovements are discussed and conditioned as applicable later in this decision under Chapter 18.810 �Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will ensure that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the C-G zoning district is 50 feet. Both parcels greatly exceed this width therefore, this standard has been met. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. The minimum lot area requirement in the C-G zoning district is 0 square feet. The proposed partition creates two (2) lots that are 17,424 and 355,832 square feet respectively. This criterion has been satisfied. Each lot created through the partition�rocess shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 1 foot wide access easement. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 3 OF 12 The proposed partition plat illustrates that both Iots greatly exceed the 15-foot street frontage requirement. Access to parcel 1 will be provided through a shared access easement, as direct access to Pacific Highway is restricted. This criterion is met. Setbacks shall be as required by the applicable zoning district. Setbacks for the C-G zoning district are as follows: front, 0 feet; side, 0 feet; street side, 0 feet, and rear, 0 feet. A minimum setback of 20 feet is required where the property abuts a residential zone, in this case to the east and south. The existing structures meet this standard and are not proposed to be altered. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. None of the proposed parcels will be a flag lot, therefore this standard is not applicable. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an a6utting lot in accordance with Sections 18.745.040. Screening may,also be required to maintain privacy for abutting Iots and to provide usable outdoor recreation areas for proposed development. While there are multiple shared driveways on this commercial center site, none of which are within 10 feet of an abutting lot, or they are presenfly screened, in conformance with this standard. The fire district may require the installation of a fire h drant where the length of an accessway would have a detrimental effect on fire-fighting capabili�ies. The fire district (NF&R) has reviewed the proposal and has not required an additional fire hydrant. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. To access the proposed new parcel, a common drive is necessary. The applicant has submitted a reciprocal easement to ensure that access and maintenance rights are accounted for. A copy of the final easement will be required as a condition of approval to ensure that the easement description matches the parcel descriptions. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the city shall rec�uire consideration of the dedication of sufficient open land area for greenway ad�o�ning and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. No variances or adjustments have been submitted with this application. Therefore, this standard does not apply. FINDING: The Land Partition requirements are not fully satisfied. NOTICE OF DECISION MLP2003-0�014/TIGARD TOWNE SQUARE PARTITION PAGE 4 OF 12 CONDITION: The applicant shall submit a final copy of the joint access easement, prior to final partition plat recording. Residential Zoninq Districts (18.510): Development standards in residential zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD C-G Parcell Parcel2 Minimum Lot Size none 17,424 s .ft. 355,832 s.f. Average Minimum Lot Width 50 ft. —200 ft. —750 ft. Maximum Lot Covera e 85% 85% 80% Minimum Setbacks -Front yard 0 ft. Can be met Can be met -Side facing street on comer&through lots 0 ft. Can be met Can be met -Side yard 0 ft. Can be met Can be met -Rear yard 0 ft. Can be met Can be met -Side or rear yard abutting more restrictive zoning district 20 ft. N/A N/A Maximum Hei ht 45 ft. 18 ft. 25 ft. Minimum Landsca e R uirement 15°/a 15°/a 20% As shown in the above table, both lots meet the minimum development requirements. Access, Eqress and Circulation (18.705): Continuin�obli�ation of property owner. The provisions and maintenance of access and e ress stipulated in this title are continuing requirements for the use of any structure or parcel o� real property in the City. Access shall be continually maintained. Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The driveways are existing, no additional development or traffic is expected as a result of this proposal, and no chan�es to the access points are proposed. However, since the requirement for a sight distance certification is a new standard since the development was originally approved, and the standard is applicable to all new development, including land divisions, the applicant will be required to submit a sight distance certification. Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right- of-way line of the intersectin� street to the throat of the proposed drivewa�. The setback may be �reater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The driveways are existing, no additional development or traffic is expected as a result of this proposal, and no changes to the access points are proposed. This standard is therefore not applicable. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 5 OF 12 Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The driveways are existing, no additional development or traffic is expected as a result of this proposal, and no changes to the access points are proposed. This standard is therefore not applicable. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the �oint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Joint access is proposed and is likewise required since the proposed parcel could not meet driveway spacing requirements if a direct access to Pacific Highway were provided. The applicant has been required to submit legal evidence in the form of easements to show compliance with this standard. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved.by the City for public use and shall be maintained at the required standards on a continuous basis. Both parcels will have frontage on Pacific Highway, but due to access limitations imposed by the Oregon Department of Transportation (ODOT), physical access to the smaller parcel will be provided through the parent parcel. This standard is met. Minimum access requirements for commercial and industrial use. Vehicle access, egress and circulation for commercial and industrial use shall not be less than as provided in Table 18.705.3, which requires for parking lots with greater than 99 spaces, two 30-foot wide accesses. Access is already existing and meets this standard. Therefore, there are no specific additional requirements that need to be applied to the private drives. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; The existing access meets this standard. Additional requirements for truck traffic may be placed as conditions of site development review. No additional requirements were requested from the fire department, and the existing accesses appear to function adequately for fire fighting purposes. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of drivewa�s on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would cause or increase exist�ng hazardous traffic conditions; or provide inadequate access for emergency vehicles; or cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. Staff does not foresee any need to restrict the location of the existing access points. FINDING: The application did not provide a sight distance certification for the access points. CONDITION: Prior to final plat approval, the applicant shall provide a sight distance certification for the access points onto SW Pacific Highway, NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 6 OF 12 Densitv Computations (18.715): A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated b multiplying the maximum number of units determined in Subsection B above by 80% (0.8� This standard was erroneously listed as applicable, criteria. As the project site is solely used for commercial purposes, there is no residential density to analyze. This standard is therefore, not applicable. Landscapinct and ScreeninQ (18.745): Street trees: Section 18.745.040 ec ion . 45.040.A.: All development projects fronting on a public street, private street or a private driveway more than 100 feet in fength approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. This proposed project has fronta e on SW Pacific Highway, SW Durham Road, and SW 113�' Avenue. There are existing stree� trees along these frontages. No further requirement for street trees is necessary. This standard is met. Tree Removal (18.790): ree p an or e p anting, removal and protection of trees prepared by a certified arborist shall be provided for any lot„ parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has indicated that there are no trees greater than 12-inch proposed for removal. Furthermore, no physical construction is proposed, and would be subject to a subsequent Site Development Review in any case. FINDING: Based on the analysis above, the Tree Removal Standards have been met. Visual Clearance Areas (18.795): Tfiis i. ap er requires a a c ear vision area shall be maintained on the corners of all proQerty adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle hedge� plantin , fence, wall structure or tem porary or permanent obstruction exceedin three �3) feet in heigh� The code provides t�at obstructions that may be located in this area s all be visually clear between three (3 and ei ht (8) feet in height. Trees may be placed within this area provided that all branches be�low eight�8) feet are removed. A visuaf clearance area is the triangular area formed b measuring from t e corner, 30-feet along the right of way and along the drrveway and connec�ing these fwo points with a straight line. The existing driveways are already in compliance with the vision clearance requirements. The Vision Clearance Standards are presently met. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 7 OF 12 Imp��a�ct Stud 18.390) �c iof n 18.3 . states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the a��licant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet Cit� standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for Qublic right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development._ Section 1$ 390.040 states that when a condition of ap�roval requires the transfer to the public of an interest in real property, the approval authority shall adopt fndings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study. The applicant will not be required to physically improve any of the fronting streets as they are currently developed with curbs, sidewalks, pavement and gutters. Additionally, the buildings are already constructed, the utilities are existing and connected, and no additional dedication wilf be required. Therefore no impacts are anticipated from this partition request. No off-site improvements are being required for this proposal, therefore no proportionality analysis is required. PUBLIC FACILITY CONCERNS Street And Utilitv Improvements Standards (Section 18.810): ap er . proviaes cons ruc ion s an ar s or e implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a collector street to have a 35-foot right-of-way width and 23-foot paved section. Other improvements rec�uired may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies �dJ'acent to SW Pacific Highway, SW Durham Road, which are classified as arterial streets, and SW 113 Avenue, which is a local street on the City of Tigard Transportation Plan Map. These streets are currently fully improved along the site frontage. There are no anticipated impacts that require mitigation as a result of this partition request. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be desi�ned with due regard to providing adequate buifding sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 8 OF 12 . For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. . For non-residential blocks in which internal public circulation provides equivalent access. No new streets are being created with this partition therefore, this standard is not applicable. Section 18.810.040.8.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or stnct adherence to other standards in the code. Similarly, since no streets are being proposed, and no connections are required, this standard is not applicable. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from bein9 more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The two new parcels are 200 and 750 feet in width respectively. The smaller parcel is approximately 150 feet deep, and the larger parcel is 580 feet deep, in compliance with this standard. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or Private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. Both lots have much greater than 25 feet of public street frontage. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. Sidewalks are already existing. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Ove�-sizin�: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. Existing sewer service is already provided to both parcels. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 9 OF 12 There are no upstream drainageways that affect this site. The runoff from the site will enter the public drainage system. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing draina�e facility, the Director and Engineer shall withhold approval of the develoQment until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and SurFace Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). No additional development or creation of impervious area is proposed, therefore no additional runoff will result, and consequently no improvements are required. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surFace mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, tem porary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: . The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; . All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and . Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a street where existing utilities whic-h are not underg round will serve the development and the approval authority determines that the cost and technical difficulty of under-g rounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of way from the applicant's property shall pay a fee in-lieu of under-grounding. There are no existing overhead utility lines along site frontage. Therefore no fee or physical undergrounding is required. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT Public Water S stem: ere is an -mc pu lic water line located in SW 113�' Avenue that currently serves the development site. Storm Water Qualit : e iy as agree to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards tadopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the fac�lity maintained through the year. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 10 OF 12 No increase in impervious area is resulting from this partition request, therefore, no water quality facility improvements are required. Address Assi nments: e i y o �gar is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the parcels are both addressed 16200 SW Pacific Highway. A $30.00 fee to assign a new address to the new parcel will be required. Surve Re uirements e app ican s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. . By random traverse using conventional surveying methods. In addition, the appIicanYs as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91�. SECTION VI. OTHER STAFF COMMENTS City of Tigard Water Department has reviewed the proposal and has no objections to it. SECTION VII. AGENCY COMMENTS Oregon Department of Transportation has reviewed the proposal and notes that ODOT is under no obligation to provide additional access points to the State Highway for Parcels created through the partition. RESPONSE: New access has not been proposed, and the affirmative findings in this decision are based on the current shared access. A condition requiring a note on the face of the plat restricting direct vehicular access from the new parcel will be imposed. Tri Met has reviewed the proposal and requested that the applicant confirm there will be no impacts to the existing bus stop. RESPONSE: As no physical changes are proposed as part of this request, staff affirms that no impacts will occur to the existing bus stop. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners �— Owner of record within the required distance —� Affected govemment agencies NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 11 OF 12 . ' Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 10, 2003 AND BECOMES EFFECTIVE ON SEPTEMBER 25, 2003 UNLESS AN APPEAL IS FILED. �A �eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 24, 2003. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. � , / l� � September 10, 2003 P EP D . Morgan T cy DATE Associate Planner � September 10, 2003 APPROVED BY: Richard Bewersdo DATE Planning Manager i:\curpinvnorgan\workspacelmlp�rnlp2003-00014(sn properties)UnIp2002-00014 decision.doc NOTICE OF DECISION MLP2003-00014rfIGARD TOWNE SQUARE PARTITION PAGE 12 OF 12 tP� . - � ��P� , , `� _ n4N��r r�a� � � � o = _ _ _ - _ __ � �v M LP2003-000 I 4 �� ° �,� �� _ _ _ _ _ _ _ _ �`� � TIGARD TOWNE sw �R�MRD � SQUARE SHEII � � - STATION PARTITION � � � z� � V ` , �� V � \� �/ ;��TE �� .�S�ER � ��_� , R;. Q � �� ,�� FEQay._..�� \ `��:� \a>'� /Y� � � \ ,,;��:: , � �,�� .f, -� `' �e�' -- �� \ � �'}&.li tR •.. 1'— \ 1-- �:' �. �.��QN1TA D � • �. ...'""' �i�.: � ; � �KING JAME PL � ' � I;�% � '� t+�Er�"'�"''.� �3tl!lt.,__1_�.\ � ` �� - �" .� ln�;� .`..�...�`�� , .' .;'; _ Tqartl�rea Map � � �E � N �� _ � 0 200 400 600 F 1 t'=OB6 fBet — City of Tigard �._ .. Infamatlm m tlws maP is(or qener�l IDCation onlY aM � I - m ._ S11WIC 0¢vBnfied vn3125 SW Hall�g WI S¢rv�tes D�visron. L1IZ - -- __ TparO.OR 97223 I 1I� 1 {ID -- 1 (503)63&4171 .�` 1---L--I—L--L-JZ---- � I I --- �--� --- _�---- -- httpJlww�B.ciligarA.or.us Communitv Develooment Plot date:Aug 11,2003;C:lmagiclMAGIC03.APR i SW PACIFIC HIGHWAY (HWY. 99W) 115 42' N 19'40'43° E ---- - � �.e�• . � \��yAh�� -- ---_"_-- `� '!�ie--3�.;-��n��9'��` �N 36�2' �Q / „`�.� - �"f �� AR WAS 2 �.zoa s.F. h C� � °' __ a��:� ---_ —_._-- °c' ' m � '- �a I�I. N . W 129.88� — 5 14'41'45' � 9 ' � •', -�, �- ! --�-- Q86 �� pf � S\C �° , 6,� f�. \ _-__ p sse3 `` ' � _1/ �I lQ' � C ` 4J•. � 9a as' - s ia�ao'3" w m C� --- ---- � O � � � ' �' � A_ � � � �� a � � o�, � A � `\� d\'; /1 i � `g " _ � • ._._.�...�.��„u.��.� — ---�-_ • � �� - ��'�. AREA OF WORK _, � �� . � .• �'� • _ . � _.—.—_ _ . —__� �c __.__—___—. ._- .___ - �.—�-i __ _ C�1�1\\C9 . �� c . ... � .. (��1\'R6 _ •� r � I��9 .. _ 1-'lJ`�_' -- - I2��A ` ��- -�--------�r-- � r�� - � _--- �_---•- , � NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2003-00014 CITYOFTIOARD TIGARD TOWNE SQUARE PARTITION Community�DeveCopment ,Skaping�Better�'ommunity 120 DAYS =12/6/2003 SECTION I. APPLICATION SUMMARY FILE NAME: TIGARD TOWNE SQUARE PARTITION CASE NO: Minor Land Partition (MLP) MLP2003-00014 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing 17,424 square foot lot from the Tigard Towne Square site. Both resulting lots will continue to be used for commercial purposes, and no other development is proposed as part of this partition request. APPLICANT: VLMK Engineers, Inc. OWNER: SN Properties Partnership Attn: Jennifer Kimura 1121 SW Salmon Street 3933 SW Kelly Portland, OR 97205 Portland, OR 97239 ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. LOCATION: 16200 SW Pacific Highway; WCTM 2S1156A, Tax Lots 101 and 103. PROPOSED PARCEL 1: 355,832 Square Feet. PROPOSED PARCEL 2: 17,424 Square Feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land Partitions); 18.520 (Commercial Zoning Districts); 18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility Improvement Standards). 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 the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: oT�T tice mailed to: X The applicant and owners � Owner of record within the required distance I �— Affected government agencies �� Final Decision: ` THIS DECISION IS FINAL ON SEPTEMBER 10, 2003 AND BECOMES EFFECTIVE ON SEPTEMBER 25, 2003 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are othenNise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. TH DEADLINE F R F LIN AN APPEAL IS 5:00 PM S PTEMBER 24, 2003. Questions: For further information please contact the Planning Division Staff Planner, Morqan Tracv at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. . I : ��-�' ��;-'�' - - - -t, -- _ _ ( ..... ��,� 1� � \ �� , � _ __�- - __� ________ - �' l MLP2003-00014 t -------- � -- - "' •.__'rr�' ,-- /' TIGARD TOWNE - {� -- �'""°` — �� SQUARE SNEII - — 1 L__- STATION PARTITION � ►� ( � � j -_ � , . �I� -I� ' (j ' ^ ,.._ �� /c ; 3 �p� �� `\ � I� . I l � y _ _ \I ', . Y; : � \\ \� . _ - --- -� l M; �'1 Y � 1. I) � � � ----- ��p �.�� ,: � , ` � _ ��,... ,, , � :,, �l _ �� - --- — — . - -- s 1 � � �-- �_ _ �.__ . m _ _. __ .� - — - —___ ,.__ , �_ _ � � �,�o�,�� 1! (� � � I-- — . ��.��.. fW�ACIFI�N16NVMAY (NWY.1�M►) �_ { �,,.. ��,w.:�� -t–—�� I r�_'_�Afi WAS� t.M' . b u•t I � 1 1 / s --��$$ (-/�( _ �' �� .. I �� • \$ J � ( "` \r�� [`�((( t��Y• I t �/�,�i �. / / i�� _� ��S ; �9•__,...o'"• �.: , � i / / � � � ,i -��,, / �¢�, / �• p � 1 7� / �� / p � :, a . ,�` r , i / , � -- �T—;=-�•-•......(. �.��, � � �f ��I�� /f�'� �"L'�� r � 1 �. . �� ~ � ^ � �IDleeuuLm--... l � � �I� � �F �� MLP2003-00014 �"�'�'' M TIGARD TOWNE SQUARE PARTITION r aa a.cw NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWAROED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION CITYOFTIGARD MINOR LAND PARTITION ��°"�"`u"�`y`°��`°pmt"` ShapingA �3etter�'ommunity DATE OF NOTICE: August 12, 2003 Fi�E NunnBER: MINOR LAND PARTITION (MLP) 2003-00014 FILE NAME: TIGARD TOWNE SQUARE SHELL STATION PARTITION PROPOSAL: The applicant is requesting Minor Land Partition approval to partition one (1) existing 17,424 square foot lot from the Tigard Towne Square site. Both lots will continue to be used for commercial purposes, and no other development is proposed as part of this partition request. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, incluc�ing but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. LOCATION: 16200 SW Pacific Highway; WCTM 2S115BA, Tax Lots 101 and 103. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 26, 2003. All comments should be directed to Morqan Tracv, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171 or by e-mail to morgan(a�ci.tiqard.or.us. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARO IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN TNE DECISION-MAKING PROCESS. THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR SEPTEMBER 12, 2003. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY �F THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: . Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposat; . Raise any issues andlor concerns believed to be important with sufficient evidence to allow the City to provide a response; . Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: . The application is accepted by the City . Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. . The application is reviewed by City Staff and affected agencies. . City Staff issues a written decision. . Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." �� naNmr naP �I � � � � � o =_______ � � MLP2003-00014 � � , -------- ��F �,�R/' ,� TIGARD TOWNE SQUARE SHELL � � � STATION PARTITION � � � `�\\ � �`\\� � ,o_,�� 3 SITE��;�, � -=�/ y . �\�\'Q'`� �� --- �f \\�._� \\\��\\\ � � �°O. ��. .,, :�. �\\�\\��`� _„�� KING JAME \�� \\ J% �J .�.� � .\� — �7 I ��:��. �.,,��.\:..\ � ' 'Y� � '% • ) ,`��? N ,��- ..w�. � � Cip�ofTigard r�+rsw.�s...a m a �.�.n.w�.s...�on.�w 2 g Tt�u�w��i.� o�. ti ' MEMORANDUM CITY OF TIGARD, OREGON DATE: 9/12/03 TO: Morgan Tracy, Associate Planner FROM: Kim McMillan, Development Review Engine � RE: MLP2003-00014 Tigard Towne Square Shell Station Partition Access Management(Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. There are no proposed physical changes to the development. Engineering has no comment regarding this item. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. No comment. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. No comment. ENGINEERING COMMENTS MLP2003-00014 Tigard Towne Square Shell PAGE 1 Street And Utility Improvements Standards (Section 18.810�: Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an Arterial street to have a 100-104 foot right-of-way width and 72-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Highway 99, which is classified as an Arterial on the City of Tigard Transportation Plan Map. At present, there is approximately 100 feet of ROW from centerline, according to the most recent tax assessor's map. SW Highway 99 is currently fully improved Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. No comment. Street Alignment and Connections: ENGINEERING COMMENTS MLP2003-00014 Tigard Towne Square Shell PAGE 2 Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. No comment. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate bufFering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector; or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. No comment. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. ENGINEERING COMMENTS MLP2003-00014 Tigard Towne Square Shell PAGE 3 I Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. PLANNING Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING Lots -Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. PLANNING Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. Sanitary Sewers: ENGINEERING COMMENTS MLP2003-00014 Tigard Towne Square Shell PAGE 4 Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing 8 inch public sewer located in the common parking lot. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). No change in stormwater runoff proposed. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that ENGINEERING COMMENTS MLP2003-00014 Tigard Towne Square Shell PAGE 5 all new developments resulting in an increase of impervious surFaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. No change in runoff leaving the site; therefore, there are no requirements for detention. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. Highway 99 is designated a bicycle facility. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. This development will not principally benefit from bikeway; therefore, the cost of construction will not be a condition of approval. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. ENGINEERING COMMENTS MLP2003-00014 Tigard Towne Square Shell PAGE 6 Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. There are no existing overhead utility lines along the frontage of SW Highway 99. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: Not required. Public Water System: The City of Tigard provides service to this area. The development is not proposing a change in use and will not require a new water service. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. There is no change in impervious surFace area; therefore, water quality treatment is not required. ENGINEERING COMMENTS MLP2003-00014 Tigard Towne Square Shell PAGE 7 Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. There is no proposed grading. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. No Site Permit is necessary for this development. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of$ 30.00 per address shall be assessed. No fee required. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. ENGINEERING COMMENTS MLP2003-00014 Tigard Towne Square Shell PAGE 8 In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicanYs engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: . The applicanYs final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. . Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in �regon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 426). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. ENGINEERING COMMENTS MLP2003-00014 Tigard Towne Square Shell PAGE 9 , � . F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). ENGINEERING COMMENTS MLP2003-00014 Tigard Towne Square Shell PAGE 10 08/22/0� 13:18 FA% 1 50� 731 8259 ODOT RG 1-FLANDERS �001/001 �� REQUEST FOR COMMEN�� <� � "�� R�� S�,cg A Be�t�r co„emu�ity nn�: a��us�iz.zoos . �..,� ��J T0: Marah Danle�son.OoOT Region 1 Develoament Beview Coor�inat�r �pM: Ci of Tl9ard Plgnn�n D�� 111S10D STAFF CONTACT: Mor an Trac Asseciat�Planner[x24281 Phone: [503]639-41�1/Fau: [503]684-1297 dIINOR LAN�PARTITiON[MLP12003-00014 ➢ TIG�RD TOWNE SQUARE SHELL STATION PARTITION Q 1�2EQUEST: The applicant is requesting Minor Land Partition approval fio.partition one (1) existing 17,424 oot lot from the Ti �rd Towne Square site. Both lots w�ll continue to be used for comme 200 square f 9 Ipurposes, and no other development is prvposed as part of this partition request. LOCAT10N; 16 SW Pacific Highway; WCTM 2S115BA, Tax L.ots 101 and 103. ZONE: C-G: General Commercial � District. The C-G zoning district is designed to acoommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are IimitEd to single-family residences which are located on the same site as a permitted use. A wide range of �ses, includin� but not limited to �dult entertainment, automotive equipment repair and storage, mini- wa�ehouses, util�t�es, heliports, rnedical centers, major event entertamment, and gasoline stations, are permitted conditionally. APPLIGABLE REVIEW CRITERIA: Community Development Code Chapte�s 18_390, 18.420, 18.520, 18.705, 18.715, '18.745, 18.765, 18.790, 18.795 and 18.814. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other informatio� available to our,staff, a report and recommendation will be prepared a�d a decision will be rendered on theryPro�osa�,�n the n�earafuture. If you wish to comment on this .��- ��•�� °�: �-�~-•• � � �, � � �� "'�� ^"'�� '�� You ma use the space provided application, �,��!I�L�E'D''�l�Q��.�C'O:N4M.E[�;TS��`B'��'C�;�BY'..��,i�►kJ:��1S�T�� `��Q� Y ove date lease below or attach a separate letter to retum your comrnents. If ou are unable to res ond b the ab � P phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd., Tiga�d, OR 97223• PL�1SE GHECK•THEFOLLOV1fING ITEM5�THAT�/.�IPPLY:,��'�:;. We have reviewed the proposal and have no objections to it. of our office- � Please contact Please refer to the enclosed letter. � Written comments provided below' 1 � . , � ; - ; ,.�, , � ar c� � ' � , Name g Number of Person Gommenfing: f�� e - . . .. . , . .. � . � . .. :L�+�r..�-- ' �� f / �/r�� _ _ i r REQUEST FOR COMMENTS CITYOFTIC�ARD Community�eveCopment S�aping f7 Better Comrnunity DATE: August 12,2003 T0: Dennis Koellermeier,Oqerations Manager/Water Department FROM: City of Tigard Planning Di�ision STAFF CONTACT: Morgan Trac]I,Associate Planner Gc24281 Phone: [5031639-4111/Fax: [5031684-7297 MINOR LAND PARTITION[MLPI 2003-00014 ➢ TIGARD TOWNE SQUARE SNELL STATION PARTITION Q REQUEST: The applicant is requesting Minor Land Partition approval to partition one (1) existing 17,424 square foot lot from the Tigard Towne Square site. Both lots will continue to be used for commercial purposes, and no other development is proposed as part of this partition request. LOCATION: 16200 SW Pacific Highway; WCTM 2S115BA, Tax Lots 101 and 103. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 26. 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: v� We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: Name& Number of Person Commentingt� K AUG-22 03 15:00 FROM:PROJPLANNIN� 5039622281 T0:5036847297 PAGE:01 REQUEST FOR COMMENTS CITY OF TIpARD �ummurttty�De�cCupmcnt Sfwping�!2letxer(,'oui}r�unity oarE: au �� zooa T0: �e�e�ld�l�.Tt1-Met 1�apalt�oYebamewt rnJ�et Plapn�r �� C A1 T� �h PI� Ohrisl�a STAFF�ON1'NCT: M�r e � R �t��Ifpner Y4ZSl �ho■e: I5081689-�1?i/Fex: [�081 S94-12l1 M1MOS IANO�ART�IOM[M111 YOOS-OAQ14 ➢ TI6ARD TOWN� SQUARE SNELL STATIOH PAATITION Q REQUEST: The applicant is requesting Minor Land Partition approval to partition one (1) existing 17,424 square foot lot from the Tigard Towne Square site. Both lats will continue to be used for commerciaf purposes, and no other development is proposed as part of this partition request. LOCATION: 16200 SW Pacific Highway; WCTM 2S115BA, 7ax Lots 101 and 103. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Exce pt where non-conforming, residential uses are limited to single-family residences which are located on the same site as a parmitted use. A wide range of uses, includin� but nvt limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medica) centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chap#ers 18.390, 18.420, 18.520, 18.705, 1$.715, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vlcinity Map and Applicant's Informatlon for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the pro,posal in the near future. If you wish to comment on this application, WE�N�Ep 'Xp,UR�iCp�Vl'jUJ�`N1?g;iBqCk�FyIX:;��A�F�GI�ST��2$'''2043i You may use the space provided below or attach a separate letter t0 return your comme�ts, If you a_re unable to respond bv the above date� please phone the staff contact noted above with your comments and confirm your comments in wnting as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223. PLEASE CHECK THE FQI.LOWING ITEM$THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. � Written comments provided below: � -- 1 rF�-�r- �� °r �r�s .�,4-r�p FoM2 �.trJ� J 2� °1� ,a-►�n �i S ��.0 � �PP�-R� -t'D �E �"� 2� �� G� �'�c� �! t.F.�s� ,2��T �YY� A�PP�r'�� -rD l��h��3-��_ -t��2� �?.;�.� � �� P � � R �nr c:�. � . . ,,,,r. � ��r'r-{- � � T � - 2 � � Name 8 Numbel'of Person Commenting: AU�-Z2 03 15:00 FROM:PROJPLANNIN� 5039622z81 T0:5036847297 PAGE:02 ��►�s� 5�=-:� P.�v� S�PS 1��I L►� Za�3 -o�� v , � . � I � � � � � ��s, N 94 8 95 o�ro P � 8863 2S1158A00101 425 l � ` REQUEST FOR COMMENTS CITYOFTICiARD �ommunity�Dc�ceCoprnent ShapingA Better Community DATE: August 12,2003 T0: PER ATTACNED FROM: CitY of Tigard Planning Division STAFF CONTACT: Morgan Tracy,Associate Planner[x24281 Phone: [5031639-4111/Fax: [5031684-1291 MINOR LAND PARTITION[MLPI 2003-00014 ➢ TIGARD TOWNE SQUARE SHELL STATION PARTITION Q REQUEST: The applicant is requesting Minor Land Partition approval to partition one (1) existing 17,424 square foot lot from the Tigard Towne Square site. Both lots will continue to be used for commercial purposes, and no other development is proposed as part of this partition request. LOCATION: 16200 SW Pacific Highway; WCTM 2S1156A, Tax Lots 101 and 103. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 26, 2003. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: Name 8 Number of Person Commenting: • , CITY .� TIGARD REQUEST FOR C01 ENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: L ZG�7'��O�'�I FILE NAME: � � �� S . �f CITIZEN INYOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central ❑East ❑South [�MVest aProposal Descrip.in Library CIT Book CITY OfflCES _LONG RANGE PLANNING1Barbara Shields,Planning Mgr. �MUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. _PQkICE DEPTJJim Wolf,Crime Prevention Officer BUILDING DIVISION/Gary Lampella,Building Official _ENGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer�ATER DEPTJDennis Koellertneier,Public Works Mgr. ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKSIJohn Roy,Property Manager PUBLIC WORKS/Matt Stine,Urban Forester PLANNER—POST PROJECT SITE IF A PUBIIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARINGI SPECIAL DISTRICTS TUAL.HILLS PARK&REC.DIST.�_ TUALATIN VALLEY FIRE&RESCUE+� _ TUALATIN VALLEY WATER DISTRICT 1� �LEANWATER SERVICES� Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE IURISDICTIONS CITY OF BEAVERTON� CITY OF TUALATIN � OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge _ Irish Bunnell,Devebqr�ent Services 18880 SW Martinaui Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE 8 PLANNING� _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM� 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 PO BOx 23483 _ Bob Knlght,Data Resourca CeMer(2CA) US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growlh Manapement Coo�dinator OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Hanis �� Mel Huie,GreenspacesCoorOinator(CPA20A) Larry French ico�,p.Pw�n�„a�a�o�y� Routing CENWP-OP-G �CITY OF KING CITY� _ Jennifer Budhabhatti,Repqn2l PWmM(WEIlan05) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,GmwthManapemerrtServices Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY� _ OR.DEPT.OF ENERGY�Powermes in�rea> _OR.DEPT OF AVIATION�titonopoN row�nl Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,au�,mo 155 N.First Avenue _CITY OF LAKE OSWEGO� Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124 PO Box 369 Portland,OR 97208-3621 Brent Curtis ccPn� Lake Oswego,OR 97034 Gregg Leion ccPn� OR.DEPT.OF ENVIRON.QUALITY(DEQ) �ODOT,REGION 1 � Anne LaMountain ocauRe� CITY OF PORTLAND �niomy rorwe�wms ana Paen�ai ern:onmeraa�imPaas� 1�Marah Danielson,DevebpmeM Review Coo�dxutw Phil Healy��cauae� Planning Bureau Director Regional Administrator Car1 Toland, Right-of-Way Section N�> Steve Conwaytce�nvea.� 1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Sr.Cartographer�cv�ac��,n,� Portland,OR 97201 PoR�and,OR 97201-4987 Portland,OR 97209-4037 Jim Nims czcn>MS,a _Doria Mateja�zcn>Ms,. WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"911"(MOnopoN Tow�n� ODOT�REGION 1 -DISTRICT 2A�IF Dave Austin Jane Estes,P�a sveaa�� PO Box 6375 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97007-0375 Portland,OR 97221-2414 UTILITY PROYIDERS AMD SPECIAL A6ENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERNlSANTA FE R/R,OREGON ELECTRIC R/R(eur�ington Nonhern�Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W.10th Avenue Albany,OR 97321 � � SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS COMCAST CABLE CORP. YTRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmercn�mq�o�y� Randy Bice ,s..M��N..o��, p(PmjectiSWRfwi%MileofiTransilROWe) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY VERIZON QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Patty Stambaugh,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portiand.OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABIE CORP. COMCAST CABLE CORP. Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev cS..M„bk..�� Diana Carpenter,��M..�+w9w+, 6960 SW Sandburg Street 16550 SW Mer10 Road 9605 SW Nim6us Avenue,Bldg. 12 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232 � INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITT PROJECTS(Project Planner Is Responsi6le For Indicating Parties To Notify). h:�paityvnasters�Request For Commencs Notircacion�isi.doc (UPDATED: 17-Jui-03) (Also updale:`i:�curpin\5etupUa6elslannexaGOn_utilities and franchises.doc"when updaling this document) AFFIDAVIT OF MAILING CITYOFTICaARD Community,vez�efi�pmerit SltapingA�detterCammunity I, �Patricia G. Gu�ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorA�ministrative SpeciaCut for the �'ity of 7'igar , 'Washiregton County, Oregon and that I served the following: {Check Appropnate Box�s)Betow} 0 NOTICE OF DECISION FOR: MLP2003-00014/TIGARD TOWNE SQUARE PARTITION O AMENDED NOTICE (File No.IName Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhlblt"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt'B",and by reference made a part hereof, on Sepiember 10,2003,and deposited in the United States Mail on September 10,2003,postage prepaid. � (Person at Pr ared Notice) ,S`�'A?E O�F�GON � County of`Was :ngton �ss. City of 7sgard ) � Subscribed and sworn/affir ed before me on the � day of G�'�%�r'��Z�il� , 2003. � ��o � �� OFFICIAL SEAL °;,7R�.. 1� J BENGTSON 1� NOTARY PUBLIC-OREGON " ' COMMISSION NO.368086 / MY COMMISSION EXPIRES APR.27,2007 ' i Nly Commission E�ires: c�- C� EXHIBIT�:,�. NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP� 2003-00014 .: CITY Of TIGARD TIGARD TOWNE SQUARE PARTITION CommunityrUeveCopment Skaping�BetterCommunity 120 DAYS =12/612003 SECTION I. APPLICATION SUMMARY FILE NAME: TIGARD TOWNE SQUARE PARTITION CASE NO: Minor Land Partition (MLP) MLP2003-00014 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing 17,424 square foot lot from the Tigard Towne Square site. Both resulting lots will continue to be used for commercial purposes, and no other development is proposed as part of this partition request. APPLICANT: VLMK Engineers, Inc. OWNER: SN Properties Partnership Attn: Jennifer Kimura 1121 SW Salmon Street 3933 SW Kelly Portland, OR 97205 Portland, OR 97239 ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. LOCATION: 16200 SW Pacific Highway; WCTM 2S115BA, Tax Lots 101 and 103. PROPOSED PARCEL 1: 355,832 Square Feet. PROPOSED PARCEL 2: 17,424 Square Feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land Partitions); 18.520 (Commercial Zoning Districts); 18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility Improvement Standards). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 1 OF 12 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: u mi o t e ngineering epa men im c i an, , ex . or review an approval: 1. Provide a copy of the joint access easement over Parcel 1 to serve Parcel 2, and include a graphic exhibit depicting the location of this easement. 2. Prior to final plat approval, the applicant shall pay an addressing fee in the amount of $30.00. (STAFF CONTACT: Shirley Treat, Engineering). 3. Prior to approval of the final plat the applicant's engineer shall provide a sight distance certification for the two parcels. 4. The applicant shall cause a statement to be placed on the face of that states "Direct vehicular access to SW Pacific Highway shall not be permitted from Parcel 2." 5. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Ci�y's global positioning system (GPS) geodetic control nefinrork (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: . GPS tie networked to the City's GPS survey. . By random traverse using conventional surveying methods. 6. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/En�ineering Permit Technicians, at (503)639-4171, ext. 426). C. The final pla and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County, and by the City of Tigard. D. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicatmg that the City has reviewed the final plat and submitted comments to the applicant's surveyor. 7. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Pro ert Histo : e su �ect parcel is located in the Tigard Towne Square shopping center. The property is designated as General Commercial on the Tigard Comprehensive Plan and Zoning Map., The sub�ect proposal is to legitimize an illegal partition that had created tax lot 103 without formal partition review. The applicants wish to create the legal parcel in order to convey clear title for the prope�ty. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 2 OF 12 Site Information and Pro osal Descri tions e su �ect property is approximate y ,256 square feet in size. There are other tax lots associated with the Tigard Towne Square Shopping Center, but are not part of this present �plication. The property is generally flat and has frontage on Pacific Highway, Durham, and 113 Avenue. The applicants have no subsequent development plans, and would be required to undergo a separate land use review should additional development be proposed on either of these commercial parcels. Parcel #1 is proposed to be 17,424 square feet and parcel #2 is proposed to be 355,832 square feet. The property to the south is a mobile home park in R-12 zonin , to the west is commercial uses in King City, to the north is the Willowbrook Shopping Center in the C-� zone, and to the east are apartments in the R-25 zone. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. No written comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated b the analysis contained within this administrative decision and through the imposition of conditions o�development approval. All necessary conditions must be satisfied as part of the development and building process. Therefore, this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public facilities are available to serve the proposal. Therefore, this criterion is met. All proposed improvements meet City and applicable agency standards; and The public facilities and proposed im rovements are discussed and conditioned as applicable later in this decision under Chapter 18.810 �Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will ensure that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the C-G zoning district is 50 feet. Both parcels greatly exceed this width therefore, this standard has been met. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. The minimum lot area requirement in the C-G zoning district is 0 square feet. The proposed partition creates finro (2) lots that are 17,424 and 355,832 square feet respectively. This criterion has been satisfied. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 3 OF 12 The proposed partition plat illustrates that both lots greatly exceed the 15-foot street frontage requirement. Access to parcel 1 will be provided through a shared access easement, as direct access to Pacific Highway is restricted. This criterion is met. Setbacks shall be as required by the applicable zoning district. Setbacks for the C-G zoning district are as follows: front, 0 feet; side, 0 feet; street side, 0 feet, and rear, 0 feet. A minimum setback of 20 feet is required where the property abuts a residential zone, in this case to the east and south. The existing sfructures meet this standard and are not proposed to be altered. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. None of the proposed parcels will be a flag lot, therefore this standard is not applicable. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. While there are multiple shared driveways on this commercial center site, none of which are within 10 feet of an abutting lot, or they are presenfly screened, in conformance with this standard. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The fire district (NF&R) has reviewed the proposal and has not required an additional fire hydrant. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. To access the proposed new parcel, a common drive is necessary. The applicant has submitted a reciprocal easement to ensure that access and maintenance rights are accounted for. A copy of the final easement will be required as a condition of approval to ensure that the easement description matches the parcel descriptions. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration of the dedication of sufficient open land area for greenway ad�oining and within the floodplain.. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. No variances or adjustments have been submitted with this application. Therefore, this standard does not apply. FINDING: The Land Partition requirements are not fully satisfied. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 4 OF 12 CONDITION: The applicant shall submit a final copy of the joint access easement, prior to final partition plat recording. Residential Zoninq Districts (18.510): Development standards in residential zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD C-G Parcel1 Parcel2 Minimum Lot Size none 17,424 sq.ft. 355,832 s.f. Average Minimum Lot Width 50 ft. -200 ft. -750 ft. Maximum Lot Coverage 85% 85% 80% Minimum Setbacks -Front yard 0 ft. Can be met Can be met -Side facing street on comer&through lots 0 ft. Can be met Can be met -Side yard 0 ft. Can be met Can be met -Rear yard 0 ft. Can be met Can be met -Side or rear yard abutting more restrictive zoning district 20 ft. N/A N/A Maximum Hei ht 45 ft. 18 ft. 25 ft. Minimum Landsca e Re uirement 15% 15% 20°/a As shown in the above table, both lots meet the minimum development requirements. Access, Eqress and Circulation {18.705): Continuin� obli�ation of property owner. The provisions and maintenance of access and e ress stipulated in this title are continuing requirements for the use of any structure or parcel o� real property in the City. Access shall be continually maintained. Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The driveways are existing, no additional development or traffic is expected as a result of this proposal, and no chan�es to the access points are proposed. However, since the requirement for a sight distance certification is a new standard since the development was originally approved, and the standard is applicable to all new development, including land divisions, the applicant will be required to submit a sight distance certification. Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be Qlaced in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right- of-way line of the intersectin� street to the throat of the proposed drivewa�. The setback may be �reater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The driveways are existing, no additional development or traffic is expected as a result of this proposal, and no changes to the access points are proposed. This standard is therefore not applicable. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 5 OF 12 Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The driveways are existing, no additional development,or tra�c is expected as a result of this proposal, and no changes to the access points are proposed. This standard is therefore not applicable. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Joint access is proposed and is likewise required since the proposed parcel could not meet driveway spacing requirements if a direct access to Pacific Highway were provided. The applicant has been required to submit legal evidence in the form of easements to show compliance with this standard. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved.by the City for public use and shall be maintained at the required standards on a continuous bas�s. Both parcels will have frontage on Pacific Highway, but due to access limitations imposed by the Oregon Department of Transportation (ODOT), physical access to the smaller parcel will be provided through the parent parcel. This standard is met. Minimum access requirements for commercial and industrial use. Vehicle access, egress and circulation for commercial and industrial use shall not be less than as provided in Table 18.705.3, which requires for parking lots with greater than 99 spaces, two 30-foot wide accesses. Access is already existing and meets this standard. Therefore, there are no specific additional requirements that need to be applied to the private drives. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; The existing access meets this standard. Additional requirements for truck traffic may be placed as conditions of site development review. No additional requirements were requested from the fire department, and the existing accesses appear to function adequately for fire fighting purposes. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions; or provide inadequate access for emergency vehicles; or cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. Staff does not foresee any need to restrict the location of the existing access points. FINDING: The application did not provide a sight distance certification for the access points. CONDITION: Prior to final plat approval, the applicant shall provide a sight distance certification for the access points onto SW Pacific Highway, NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 6 OF 12 Density Computations (18.7151: A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residentiaf units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated b multiplying the maximum number of units determined in Subsection B above by 80% (0.8� This standard was erroneously listed as applicable, criteria. As the project site is solely used for commercial purposes, there is no residential density to analyze. This standard is therefore, not applicable. Landscapinq and Screeninq (18.7451: Street trees: Section 18.745.040 ec ion . 45.040.A.: All development projects fronting on a public street, private street or a private driveway more than 100 feet in fength approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. This proposed project has frontage on SW Pacific Highway, SW Durham Road, and SW 113�' Avenue. There are existing street trees along these frontages. No further requirement for street trees is necessary. This standard is met. Tree Removal 18.790 : ree p an or e p anting, removal and protection of trees prepared by a certified arborist shall be provided for any lot„ parcel or combination of lots or parcels �or which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has indicated that there are no trees greater than 12-inch proposed for removal. Furthermore, no physical construction is proposed, and would be subject to a subsequent Site Development Review in any case. FINDING: Based on the analysis above, the Tree Removal Standards have been met. Visual Clearance Areas (18.795): Tfiis(. ap er.requires a a c ear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle hedge� plantin , fence, wall structure or temporary or permanent obstruction exceeding three �3) feet in heigh� The code provides t'�at obstructions that may be located in this area s-hall be visually clear between three (3) and ei ht (8) feet in height. Trees may be placed within this area provided that all branches be�low eight�8) feet are removed. A visuaf clearance area is the trian�ular area formed by measuring from t e corner, 30-feet along the right of way and along the driveway and connec�ting these fwo points with a straight line. The existing driveways are already in compliance with the vision clearance requirements. The Vision Clearance Standards are presently met. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 7 OF 12 �Im act Stud 18.390 Sec i�'on'�� . states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the a��licant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and tyPe of impact, the study shall propose improvements necessary to meet Cit� standard, and to minimize the impact of the development on the public at large, public facil�ties systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for �ublic right-of-way dedication, or provide evidence that supporfs that the real property dedication is not roughly proportional to the projected impacts of the development. Section 1$.390.040 states that when a condition of ap�roval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact stud�. The applicant will not be required to physically improve any of the fronting streets as they are curren ly developed with curbs, sidewalks, pavement and gutters. Additionally, the buildings are already constructed, the utilities are existin and connected, and no additional dedication wilf be required. Therefore no impacts are anticipated�rom this partition request. No off-site improvements are being required for this proposal, therefore no proportionality analysis is required. PUBLIC FACILITY CONCERNS Street And Utilit Im rovements Standards (Section 18.8101: ap er . proviaes cons ruc ion s an ar s or e implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a collector street to have a 35-foot right-of-way width and 23-foot paved section. Other improvements required may include on-streef parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies �d1'acent to SW Pacific Highway, SW Durham Road, which are classified as arterial streets, and SW 113 Avenue, which is a local street on the City of Tigard Transportation Plan Map. These streets are currently fully improved along the site frontage. There are no anticipated impacts that require mitigation as a result of this partition request. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be desi�ned with due regard to providing adequate buifding sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre�xisting development or; NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 8 OF 12 • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. . For non-residential blocks in which internal public circulation provides equivalent access. No new streets are being created with this partition therefore, this standard is not applicable. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. Similarly, since no streets are being proposed, and no connections are required, this standard is not applicable. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from bein� more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The two new parcels are 200 and 750 feet in width respectively. The smaller parcel is approximately 150 feet deep, and the larger parcel is 580 feet deep, in compliance with this standard. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. Both lots have much greater than 25 feet of public street frontage. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. Sidewalks are already existing. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizin�: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. Existing sewer service is already provided to both parcels. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of U pstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construct�on Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). NOTICE OF DECISION MLP2003-0Qa14/TIGARD TOWNE SQUARE PARTITION PAGE 9 OF 12 There are no upstream drainageways that affect this site. The runoff from the site will enter the public drainage system. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing draina�e facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). No additional development or creation of impervious area is proposed, therefore no additional runoff will result, and consequently no improvements are required. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, tem porary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: . The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a street where existing utilities whicY� are not underg round will serve the development and the ap p.roval authority determines that the cost and technical difficulty of under-g rounding the utilities outweighs the benefit of under-grounding in conjunction with the devefopment. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are no existin� overhead utility lines along site frontage. Therefore no fee or physical undergrounding is required. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT Public Water S stem: ere is an -inc pu lic water line located in SW 113th Avenue that currently serves the development site. Storm Water Qualit : e iy as agree to enforce SurFace Water Management (SWM regulations established by Clean Water Services (CWS) Design and Construction Standards �adopted by Resolution and Order No. 00-7} which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 10 OF 12 No increase in impervious area is resulting from this partition request, therefore, no water quality facility improvements are required. Address Assi nments: e i y o igar is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the parcels are both addressed 16200 SW Pacific Highway. A $30.00 fee to assign a new address to the new parcel will be required. Surve Re uirements e app ican s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: . GPS tie nefinrorked to the City's GPS survey. . By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VI. OTHER STAFF COMMENTS City of Tigard Water Department has reviewed the proposal and has no objections to it. SECTION VII. AGENCY COMMENTS Oregon Department of Transportation has reviewed the proposal and notes that ODOT is under no obligation to provide additional access points to the State Highway for Parcels created through the partition. RESPONSE: New access has not been proposed, and the affirmative findings in this decision are based on the current shared access. A condition requirin� a note on the face of the plat restricting direct vehicular access from the new parcel will be imposed. Tri Met has reviewed the proposal and requested that the applicant confirm there will be no impacts to the existing bus stop. RESPONSE: As no physical changes are proposed as part of this request, staff affirms that no impacts will occur to the existing bus stop. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners � Owner of record within the required distance �— Affected government agencies NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 11 OF 12 Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 10, 2003 AND BECOMES EFFECTIVE ON SEPTEMBER 25, 2003 UNLESS AN APPEAL IS FILED. �A ea�l: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the,parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 24, 2003. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. � � � / l� � September 10, 2003 P EP D . Morgan T cy DATE Associate Planner � - September 10, 2003 APPROVED BY: Richard Bewersdo DATE Planning Manager i:lcurpinMorgan\workspaceUnlpUnlp2003-00014(sn properties)1mIp2002-00014 decision.doc NOTICE OF DECISION MLP2003-00014/TIGARD TOWNE SQUARE PARTITION PAGE 12 OF 12 �� j,��\J� . • - � �O�\P� I GEOGRRPHIC INFORMATION SVSTEM `� YIClNITY MAi� � � � � o = _ _ _ _ _ _ _ ! �� ,�v MLP2003-00014 ! o� � �� _ _ _ _ _ _ _ _ �`� s� � TIGARD TOWNE �RHAMRD � SQUARE SH E LL , � � - STATION PARTITION � � z� `��t �� .� �� SITE �� s�� '�� . ,�//°�~��" �j�+J7I � � �� .� �<,��.. `` ��'"1�,�� a + �`� y� �\r `^ti �`\ �� : .CO BtAL{�`.` `< �� .(RCNITR' ]_. ` -.. �KING JAME � - �: i„j ;`. ��Q� ;�, ' ' _� , y��c�roHO.,.��..:k�.+5d.r...i3. %': - , uj , ... ._... ` +ll/ TiOard Area Map " . , �E N � � � 0 200 400 600 F t � 1'=486 feet City of Tigard � Infamation on this map is fa general loca�m only and fT1 should be verifled with the Develoqnent Services Division. Z 13125 SW Hall Blvd D Tgard,OR 97Y13 Z (503)6334771 Z h�tp:/iWww.ci.tig2rd.Or.us Community Development Plot date:Aug 11,2003;C:lmagic\MAGIC03.APR SW PACIFIC HIGHWAY (HWY. 99W) , 115.42� - N 19'40'43�� E --- � o _' . . -- . .. . __ —'__j`.., 3E2.67' 9� � a�'g6 --- : _- -- _°_-.5��-�� '� 3 �� 1�� i WASH �"a�i` s�,z��o,E ; �, � / CAR = ' % �.2os s.F. � � 7 'j °' - a�h _---- �m o< �, W \ N 129.88 - S 14'41'45 9p � �` . . . � --�-- 86• Sy __ �� , � �L �q ' N° � S �' m ; �/� se, — � � .. �/\ �/ 38F,,. ` co \\� - j � 94.45� - S 14'40�3�� W m ��t�`� / - �/� � '� O �� ; / ° \ , � �m o6 � A � p 1 ��;_ �l �8 " � � • � _ �zo�.,..�n.�,a,� —�.— � —_�e� ' ' .�t��_� � LI� ARFA OF WORK � �� I I,I I�� d� d9 �do J'- � C� � � �__ .,vp � .�r y !��t�� :� `�� ti��3 a. • _ � — � �---1—v- � _J � C34��h��`� —�—�-------��d--- � (��`��YJ — - —.�� ---_ � � ny�� "" (�� OVERAI.L SITE PLAN� T y V'_� ` . � i L� � (ITY oF T�GARD T MLP2003-00014 cm w rw�vo S� P'�"'' N TIGARD TOWNE SQUARE PARTITION Ma is not to scale EXHIBIT� SN Properties Partnership MLP2003-00014 1121 SW Salmon Street TIGARD TOWNE SQ. SHELL STATION Portland, OR 97205 PARTITION VLMK Engineers, Inc. Attn: Jennifer Kimura 3933 SW Kelly Portland, OR 97239 ODOT, Region 1 Attn: Marah Danielson 123 NW Flanders Portland, OR 97209-4037 AFFIDAVIT OF MAILING CRYOFTIGARD Community�Devefopment ,ShapingA BetterCommunity I, 2�'atricia L. Lu�f ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorA�fminutrative SpeciaCut for the City of 7fgard, 'Washington County, Oregon and that I served the following: {Check Appropriale Box(s)Below} x❑ NOTICE OF DECISION FOR: MLP2003-00014/TIGARD TOWNE SQUARE PARTITION ❑ AMENDED NOTICE (File No./Name Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked E1[hlblt"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt'B",and by reference made a part hereof, on September 10,2003,and deposited in the United States Mail on September 10,2003, postage prepaid. � ; i (Person th pa No � ,S7,A�E O�F O�GON ) County of�Gl�ashzngton )ss. Ci�}►of 7igard ) ' Subscribed and sworn/affi ed before me on the _�� day o��v�i� �� , 2003. l �• ,� OPFICIAL SEAL q " J BENGITSON �� j� ` NOTARY PUBUGOREGON `'�'V f ` COMMISSION NO.368086 MY COMMISSION EXPIRES APR.27,2Q07 My Commission E�ires: � �' NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2003-00014 CITY OF TIGARD TIGARD TOWNE SQUARE PARTITION Community��c�pment S�apingA�Better�'ommunity 120 DAYS =12/6/2003 SECTION I. APPLICATION SUMMARY FILE NAME: TIGARD TOWNE SQUARE PARTITION CASE NO: Minor Land Partition (MLP) MLP2003-00014 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing 17,424 square foot lot from the Tigard Towne Square site. Both resulting lots will continue to be used for commercial purposes, and no other development is proposed as part of this partition request. APPLICANT: VLMK Engineers, Inc. OWNER: SN Properties Partnership Attn: Jennifer Kimura 1121 SW Salmon Street 3933 SW Kelly Portland, OR 97205 Portland, OR 97239 ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. LOCATION: 16200 SW Pacific Highway; WCTM 2S115BA, Tax Lots 101 and 103. PROPOSED PARCEL 1: 355,832 Square Feet. PROPOSED PARCEL 2: 17,424 Square Feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land Partitions); 18.520 (Commercial Zoning Districts); 18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility Improvement Standards). 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 the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: oT�tice mailed to: X The applicant and owners —� Owner of record within the required distance �- Affected government agencies Final becision: THIS DECISION IS FINAL ON SEPTEMBER 10, 2003 AND BECOMES EFFECTIVE ON SEPTEMBER 25, 2003 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 24, 2003. Questions: For further information please contact the Planning Division Staff Planner, Morqan Tracy at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. . ,� 7-- � �� , ��T -�--��, � ; --� � � � , . ... .. ._. ` �.1�l� �' —� ��\ 1nQ1�Y M11P � % �� q _ �j I' i �� ' � L � �� MLP2003-00014 � - �"� .�� /� -- TIGARD TOWNE I -- - — --- — �""'�� --- � SQUARE SHEII -� _ �,�- - — ---L-_ -- � STATION PARTITION', --� �� , - � ,- � �'t�:� �� u. �` �,SII'E � — -i,— --- `� �� _ --__ J � -- G� r `� .e / ---�— �` I { / '`O� / - ' . r� 4 ..,�: I l .1- '*' . 1 I�KING JAME� -- 1� �� i � ; �.: ..... �' � � - -_ ! � . ..�.. \� ... - �� ...� �w.�..�.. fl._ I1 _ �'--1-- � ----__ . . � _ � . � ____T----_ N � �_ �-- - - -___ � ;� � -, ._�� _ _ _ _ ��,ry��,.�..� �I � � -�, , - -- _ �---� _ �� ;_� � � � �,� � �_ �.,�. SW PAUFIC HIGMWAY (NM/Y.99�N) I =1 " � �.,'-� . I _ _ � Ir WAS,J ��'�� ,�L < � I�� . �,iri.x��j..A� .'ql I �... ` `./ �� i � _ 1 � `�°��r� �FHE�4� ��, I i � �./��` \ r` -`./ �� \ / �:�.'�-� I r�� 1 � ' �/�� /, �� I �, � �� /�`\'�� i 1 y P � ..,� /� �� i / . ,��' 1'� �� .............. a, � --��;rT ,T'�{ .. ti ..�,,, . 1[�, �� II��[Il[�Jr i �-'1 -L- `��l'Y �"'�_ � J+ . �^ - _ }__-_, "_ � 'W•.."^.�"�I+ !/ � .' 7 ZS„5BO-oo,aa �S„o�o-�,o� EXHIBIT� BRAND-BROADWAY ASSOCIATES& MOYER THEATRES INC KARNO NORTON S BY BURR WOLFF LP 16255 VENTURA BLVD PO BOX 2818 SUITE 410 ALPHARETTA,GA 30023 ENCINO,CA 91436 2S 115BA-90117 2S 715BA-00700 DOWNING MELVIN W&PAULINE L RANDALL HAROLD E JR/AMY& 11992 SW ROYALTY CT#17 RANDALL DONALD DlJOANN KING CITY,OR 97224 15120 SW 119TH AVE TIGARD,OR 97224 2S 11 SBA-01600 2 1158A-90000 HANRAHAN WILLIAM L RO G ENS CONDO 2525 NE GLISAN#1 OW OF UNITS PORTIAND,OR 97232 S115BA-01601 2St 156A-00500 HA H WILLIAM L SEPP TOIVO T 252 SAN#1 118 SW CORNELL CT RTLAND, 97232 LAKE OSWEGO,OR 97034 2S 7156A-00100 2S 115BA-00103 IBJ SCHRODER BANK 8 TRUST CO SN PROPERTIES PARTNERSHIP BY ALBERTSONS INC#565 1121 SW SALMON ST ATTN:CORPORATE ACCTG DEPT PORTLAND,OR 97205 PO BOX 20 BOISE,ID 83726 25115A8-01901 115AB-01600 IBJ WHITEHALL BANK 8 TRUST CO SN P IES PARTNERSHIP BY ALBERTSON'S INC 1121 ON ST ATTN:TAX DEPT P TLAND,OR 97205 PO BOX 20 BOISE, ID 83726 2S1158A-90118 1158A-00101 JAYS UNLIMITED LLC THE SN OP IES PARTNERSHIP PO BOX 269 1121 LMON ST SPRINGFIELD,OR 97477 RTLAND, 97205 2S 115BA-00600 2S 1158A-00102 KCM ASSOCIATES LLC SYSTEM CAPITAL REAL ATTN:ANDREW A ILG PROPERTY CORPORATION 16105 SW PACIFIC HWY#100 PO BOX 66207 TIGARD,OR 97224 AMF O'HARE CHICAGO,IL 60666 2S710CD-00113 KING CITY RESIDENTIAL CENTER LTD BY LARRY DRAPER PO BOX 1736 LAKE OSWEGO,OR 97035 2S 115AB-01500 MESKEL TIMOTHY&KELIA 16285 SW 113TH AVE TIGARD,OR 97224 �. .j Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 Josh Thomas 10395 SW Bonanza Tigard, OR 97224 CITY OF TIGARD - SOUTH (IT SUBCOMMITfEE (pg. 1 of I) (i:lcurpin\setup\IabeIslCIT South.doc) UPDATED: June 18, 2003 AFFIDAVIT OF MAILIHG CITVOFTIGARD Coniruuruty�l�eveCoprae�tt S�apingA Better�ommunity I, �Patricia L. Lu�ord, being first duly sworn/affirm, on oath depose and say that I am a SerciorAdministrative SpeciaCut for the �'ity of 7'rgar , 'WasFiington County, Oregon and that I served the following: {cneCk�w�fO�f12�e sd.c5>Be�OW> ❑X NOTICE Of PENDIN6 LAND USE APPLICAflON FOR: MLP2003-00014/TIGARD TOWNE SQUARE SHELL STATION PARTITION ❑ AMENDED NOTICE (File No./Name Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked EXhlblt"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked ElIh161t'B",and by reference made a part hereof, on A09US[12,2003,and deposited in the United States Mail on A0911St12,2003, postage prepaid. , . � (Person that Pre red Notice) � ,S`�"A7E O�F O�GON ) County of'Was ington �ss. G4ty of Trgard ) 7 Subscribed and sworn/affirmed before me on the �� 'day of 2 G � , 2003. '�° OFFICIAL SEAL � `�� J BENGTSON ,. .. NOTARY PUBLIC-OREGON � �� O� MY COMMISSION E�XP RES APR 27,2pp7 �Commission Expires: � EXHIBIT � NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION CITYOFTIOARD MINOR LAND PARTITION ��mmun1ty��.�eCopment ShapingA BetterCommunity DATE OF NOTICE: August 12, 2003 FILE NUMBER: MINOR LAND PARTITION (MLP) 2003-00014 FILE NAME: TIGARD TOWNE SQUARE SHELL STATION PARTITION PROPOSAL: The applicant is requesting Minor Land Partition approval to partition one (1) existing 17,424 square foot lot from the Tigard Towne Square site. Both lots will continue to be used for commercial purposes, and no other development is proposed as part of this partition request. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, includ,ing but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. LOCATION: 16200 SW Pacific Highway; WCTM 2S1156A, Tax Lots 101 and 103. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 26, 2003. All comments should be directed to Morgan Tracv, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171 or by e-mail to morqanC�ci.tiqard.or.us. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS. THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR SEPTEMBER 12, 2003. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: . Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; . Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; . Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR�S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR�S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: . The application is accepted by the City . Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. . The application is reviewed by City Staff and affected agencies. . City Staff issues a written decision. . Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." �-� – -;, —�� -� — - � a e....� ,.... . _.. �� - naMmr n�w �' ' � � � �� -------- � �� ,� � � �� MLP2003-00014_ � � � J� _ ��,,,/ ? � -------- - � sw`,f � �' `' TIGARD TOWNE �_ �"""°'� C------= SQUARE SHELL � ' - STATION PARTITION � � � � ' � \ I � �(—, % �, ��:��\ � � �� r ITC��\\ ,9,. --�;_ �� _ _ �� :��P� - °�'"%�l ��y��Q\ �N�`��. - ��4��`�` KINGJAME �,�� P \ �'. ' � � ...�.�.._..v.. IJV�c^ �pnpyr�� , ,4 �I 1 I ` \ � I I-1 \� _- _ -_ -- � ,�� -__�__-� � i � � � � i � � N �, ✓�,�_, � ;- 1 � � � �7 ; I ,..�,� � _�,�� i � � , � � ��ofT,� . a�......��.... ........e.� n.�.�w.. ��►�P1 PII� IIMN��f� �i�w�a�l�. r i � '. • 2S„5BO-oo,o0 2S„o�o-�o,o� EXHIBIT�.L BRAND-BROADWAY ASSOCIATES& MOYER THEATRES INC KARNO NORTON S BY BURR WOLFF LP 16255 VENTURA BLVD PO BOX 2818 SUITE 410 ALPHARETTA,GA 30023 ENCINO,CA 91436 2S 115BA-90117 2S 115BA-00700 DOWNING MELVIN W&PAULINE L RANDALL HAROLD E JR/AMY 8� 11992 SW ROYALTY CT#17 RANDALL DONALD D/JOANN KING CITY,OR 97224 15120 SW 119TH AVE TIGARD,OR 97224 2S 1156A-01600 2 1156A-90000 HANRAHAN WILLIAM L RO G ENS CONDO 2525 NE GLISAN#1 OW OF UNITS PORTLAND,OR 97232 S115BA-01601 2S115BA-0O500 HA H WILLIAM L SEPP TOIVO T 252 SAN#1 118 SW CORNELL CT , RTLAND, 97232 LAKE OSWEGO,OR 97�34 2S1158A-0O100 2S1156A-00103 IBJ SCHRODER BANK&TRUST CO SN PROPERTIES PARTNERSHIP BY ALBERTSONS INC#565 1121 SW SALMON ST ATTN:CORPORATE ACCTG DEPT PORTLAND,OR 97205 PO BOX 20 BOISE, ID 83726 2S 115AB-01901 17 5AB-01600 IBJ WHITEHALL BANK 8 TRUST CO SN P IES PARTNERSHIP BY ALBERTSON'S INC 1121 ON ST ATTN:TAX DEPT RTLAND,OR 97205 PO BOX 20 BOISE, ID 83726 2S 1156A-90118 115BA-00101 JAYS UNLIMITED LLC THE SN OP IES PARTNERSHIP PO BOX 269 1121 LMON ST SPRINGFIELD,OR 97477 RTLAND, 97205 2S115BA-00600 2S115BA-00702 KCM ASSOCIATES LLC SYSTEM CAPITAL REAL ATTN:ANDREW A ILG PROPERTY CORPORATION 16105 SW PACIFIC HWY#100 PO BOX 66207 TIGARD,OR 97224 � AMF O'HARE CHICAGO,IL 60666 2S110CD-00713 KING CITY RESIDENTIAL CENTERLTD VLMK ENGINEERS. INC. BYLARRYDRAPER ATTN: �ENNIFER KIMURA PO BOX 1736 3933 SW KE��Y LAKE OSWEGO,OR 97035 PORTIAND. �R 97239 2S115A6-01500 MESKEL TIMOTHY&KELIA 16285 SW 113TH AVE TIGARD,OR 97224 �J • • h • Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 Josh Thomas 10395 SW Bonanza Tigard, OR 97224 CITY OF TIGARD - SOUTH fIT SUBCOMMITTEE (pg. I of I) (i:lcurpinlsetupllabelslClT South.doc) UPDATED: June 18, 2003 vK� � � . . . . GEOGRAPHiC INFORMRTiON SvSTEM � � AREA NOTIFIm o (500') � �' �� o��' N �� ___________ � TI I mwc�mv �. �J � FOR: Jennifer �LJ yqLF � mucwno Sh'O � �RyAMR� RE: 2S I I SBA, I 02 � mmu�u� ___________ F � � m�suun: mix��au mt�uu��n � ] � n m� � nn � mieu�nw ��V m i� G Property owner information m1b°•O'• Q� is valid for 3 months from � the date printed on this map. � misuunm mis��mu mnunin KING JAME misunso� E19Y/IiM �L Q_� Q' � N fiIIN1/11�� 0 100 200 300 400 500 Fcet 1'=369 feet m m z D Z <ING RICHARD DR m � City of Tigard rn < rn ,� FISCHER RD m Informatim on this map is for general lacation rnly and f stwub be verified wiM Me Developrtient Services Divisim. 1 13125 SW Hall Bivd Tgard,OR 97223 �W�RAV ST �so3>assam r—� I I �111IT1M nttv:�,www.ci.ligare.or.us Community Development Plot date:Jul 23,2003;C:\magiclMAGIC03.APR 2S115BD-00100 2S170CD-00107 BRAND-BROADWAY ASSOCIATES& MOYER THEATRES INC KARNO NORTON S BY BURR WOLFF LP 16255 VENTURA BLVD PO BOX 2818 SUITE 410 ALPHARETTA,GA 30023 ENCINO,CA 91436 2S115BA-90117 2S1158A-00700 DOWNING MELVIN W 8 PAULINE L RANDALL HAROLD E JR/AMY& 11992 SW ROYALTY CT#17 RANDALL DONALD D/JOANN KING CITY,OR 97224 1512a SW 119TH AVE TIGARD,OR 97224 2S1158A-0160Q 2 1158A-90000 HANRAHAN WILLIAM L RO G ENS CONDO 2525 NE GLISAN#1 OW OF UNITS PORTLAND,OR 97232 S115BA-01601 2S115BA-00500 HA H WILLIAM L SEPP TOIVO T 252 SAN#1 118 SW CORNELL CT RTLAND, 97232 LAKE OSWEGO,OR 97034 257156A-00100 2S175BA-00103 IBJ SCHRODER BANK&TRUST CO SN PROPERTIES PARTNERSHIP BY ALBERTSONS INC#565 1121 SW SALMON ST ATTN:CORPORATE ACCTG DEPT PORTLAND,OR 97205 PO BOX 20 BOISE,ID 83726 2S115A8-01901 115AB-01600 IBJ WHITEHALL BANK&TRUST CO SN P IES PARTNERSHIP BY ALBERTSON'S INC 1121 ON ST ATTN:TAX DEPT TLAND,OR 97205 PO BOX 20 BOISE, ID 83726 2S115BA-90118 115BA-00101 JAYS UNLIMITED LLC THE SN OP IES PARTNERSHIP PO BOX 269 1121 LMON ST SPRINGFIELD,OR 97477 RTLAND, 97205 2S115BA-00600 2S115BA-00102 KCM ASSOCIATES LLC SYSTEM CAPITAL REAL ATTN:ANDREW A ILG PROPERTY CORPORATION 16105 SW PACIFIC HWY#10� PO BOX 66207 TIGARD,OR 97224 AMF O'HARE CHICAGO,IL 60666 2S110CD-00113 KING CITY RESIDENTIAL CENTER LTD BY LARRY DRAPER PO BOX 1736 LAKE OSWEGO,OR 97035 2S 115A8-01500 MESKEL TIMOTHY&KELIA 16285 SW 113TH AVE TIGARD,OR 97224 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 Josh Thomas 10395 SW Bonanza Tigard, OR 97224 CITY OF TIGARD - SOUTH LIT SUBCOMMITTEE (pg. I of I) (i:lcurpinlsetupllabelslClT South.doc} UPDATED: June 18, 2003 JUL 23 '03 08�57AM VLMK FNGINEERS P.1i1 !i :':s/�'UO3 08:31 F'AR G036847�'97 C:l CY oi' Tl�,ar C�lu 1 � C°�� .��Y �F TIGARQ �-N�� -� �� ;�iCiUNITY DEYE�OPM�NT DEPARTMEt1T 't..,NNIKG DIVISION arcroPna�Ra ';.�5 SW NALL BOULEVARD GomYnYttt«y�T�e/�Opr+P-reL ��.�;�D, OREGON 97��3 .sr�,��t��c��=� ,�,..i�• �,UJ-iJ�-4I11 FA%: 503-684-7297 (AEtn: pa[!y/Planniag) - - -�.�-o Q � 0 ° 00 00�' ° ° 0 °� 0 ° �� 1 � � �'�r�p��ky ovuner �nforma#�on �s valid for 3 months from the date c�f your requ�st � ,� ��C��.YE AL�. PR�JECT MAP & TAX LOT NUMBERS (�,e. 1S134A8,Yax �ot oo�oo) QR THE �.��RESSES FOR ALL PROJEC7.,P,,PRCEL BELOW: v Co2'� ��i �—� . � �l� �2 G!-7�Z�.. --�-^�------�.L��--� �� - ��.�;��,�;E WHETN�R Y4U ARE REQUESTING 1, 2 OR 3 SETS OF LABELS: � v:Y:"t: ��minimum of 2 sets of[a6els will be provided (unless orily holding a neighborhood m�eting at this time)to pi�ce on c�� '? s?ts of env�lopes lfiat applicanks are requi�ed to submit at the time of applicatian submittal. ]f a nei�hborhood �. :�;iny i� r�quired �r�d you t�a��e nol yet held [hai rneeGng, you can request 3 sets provided y��ur lar�d use application wilf be . :�:;�=.:ec; ��d d�emed cor��p��ee b}�the Planning Division wikhin 3 ma�►ths from this request.) ;.-��i�F :�F' �O�V-i ACT PERSQh_ � � PH4NE: ��—�� 9�� ^�>:� r�,�:aest may be rna�le , xed or hand de ivered tn t e City o �igard: ease a ow a ,1.•:��;r °��ir�+murr �or processin� reques�s. U�an �ompletion af your requesf, the contact persori wil[ �e �;._' ;;. �;ck �r� tY�Ei� ;equest mat w�ll be placecl in "Will Calf'by their last �ame, at thE� Comr�un�ty : ��.;,,-,��,�-riei�t �ecept��n ��s�c, - , ; ry,,,s nf ��ac�s�ing yc�ur� request mUS� be paitl at the time of pick up, �s exact cosl can nor �e �r :�-t,c'tEr�'nihed. �7'��S�� NOTE; fOR REASONS OF ACCURACY, �NLY OR�CINAL MAII.�ING LAeELS PROVIDE�D BY TW ��ITY VS. R�-TYPED A�AILING LAB�LS WILL B� ACCEPTE�. ;,:,,. , �.; .,�,cs�aUort: �� ;U JO��c�,�m�r;zailing iist, plus�2 pe�sheet for p�infina t�e iisl•ento labels(2Q addresses per shert). r�, r:7uiti iy_fhF cost to �Y on�sez of labels b the number of sets re uested. ��Xq�p�� COST FOR 1'HIS REQUEST � � - ---,- :<��;cts of labeis x$lrsneet=�x 2 seis= $1F.00� .1 sheet�s)of iabels x$2/sheet=�,o�x � s�ts= _ : !::��;,rY:�abe4s x,�21s�eet for�1T area x 2 sets=� �r:� ��heet(s)o�labels;t$7Jsheet fo�C!T asea��x_„Z:��s= _ i��E��E i!S?� -:�:�1C! �,,/ s�P1�R�AT=L.iS?� ,. TCT�L =$3=-�� r 70TA� -Q�� . CITY OF TIGARD Community�[7eveCopment S�apingA Better�'onrnrinrity LAND USE PROPOSAL DESCRIPTION 120 DAYS = 12/6/2003 FILE NO.: MINOR LAND PARTITION (MLP) 2003-00014 FILE TITLE: TIGARD TOWNE SQUARE SHELL STATION PARTITION APPLICANT: VLMK Engineers, Inc. OWNER: SN Properties Partnership Attn: Jennifer Kimura 1121 SW Salmon Street 3933 SW Kelly Portland, OR 97205 Portland, OR 97239 REQUEST: The applicant is requesting Minor Land Partition approval to partition one (1) existing 17,424 square foot lot from the Tigard Towne Square site. Both lots will continue to be used for commercial purposes, and no other development is proposed as part of this partition request. LOCATION: 16200 SW Pacific Highway; WCTM 2S115BA, Tax Lots 101 and 103. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW Community Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.715, CRITERIA: 18.745, 18.765, 18.790, 18.795 and 18.810. CIT AREA: West DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: AUGUST 12, 2003 DATE COMMENTS ARE DUE: AUGUST 26, 2003 ❑HEARINGS OFFICER [MON.] DATE OF HEARING: TIME: ]:OOPM ❑PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 7:00 PM ❑CITY COUNCIL RUESJ DATE OF HEARING: TIME: 7:30PM �STAFF DECISION RENTATIYE] DATE OF DECISION: SEPTEMBER 12, 2003 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION � VICINITY MAP � PARTITION PLAT ❑ ARBORIST REPORT � SITE PLAN ❑ UTILITY PLAN � IMPACT STUDY � NARRATIVE ❑ GRADING PLANS � OTHER: STAFF CONTACT: Morqan Tracv, Associate Planner (503) 639-4171, Ext. 2428 ' . ` .��. ,s �1,93� PRE,APP.HELD BY: CITY OF TIGARD PLANNING DIVISION 13125 SW HA►LL BOULEVARD TIGARD, OR 97223-8189 503.639.4171/503.684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION File# �V� 3 ��DDD 1 Other Case# p� � v?OU3 °Dvo`{ Date 0� By ��Y�� Receipt# a U -�a��r City � Urb ❑ Date Complete� �� TYPE OF PERMIT YOU ARE APPLYING FOR ❑AdjustmenUVariance (I or II) �Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review(t, II or III) ❑Zone Ordinance Amendment(IV) ❑ Historic Overlay (II or III) ❑ Site Development Review(II) ❑ Home Occupation (II) ❑ Subdivision (II or III) ress i avai a e i i�2�0 � Pc�i�� N-�v Ti� i�( , �iz �� 2s i i c, �� U� _ � �.G�--� � -�- �v� ►�(� �=�w� t�.�� - �t� I�- � '� ►�� C P��a'� � � �� z�� rG � 2Z2--�j�� v � �`8-�� (`-� iU w� +� �v � � -- z�z ��I� ac is i more an one 5 I� �i.� G�� t ►� � I° l I 2 I �w �� I v►�� -i- .��%- [�dl �� S *When the owner and the applicant are different people, the applicant must be �purchaser of record or a lessee in �ossession with written authorization from the owner or an agent of the owner. The ners must sign this application in the s ace rovided on the back of this form or submit a written authorization with this a lication. ease e spea ic � � ' I �f� S C � G�GI/G li� � . . _ ��uf/� ' l�t��G APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. . . ♦ The applicant has read the entire contents of the application, including the policies and crite�ia, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Z,�f 7 Own ignature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date r CITY OF TIGARD LAND USE APPLICATIONS BASIC SUBMITTAL REQUIREMENTS This checklist identifies the basic submittal requirements for a land use application. BASIC INFORMATION: ❑ Completed Master"Land Use Permit"Application with property owner's signature or name of agent and letter of authorization ❑ Title transfer instrument or grant deed � Written summary of proposal ❑ Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) � Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). ❑ Documentary evidence of Neighborhood Meeting for the following: Site Development Review, Subdivision, Conditional Use, Sensitive Lands Review, Zone Change, Comprehensive Plan Amendments. ❑ Neighborhood Meeting Affidavits of Posting & Mailing Notice, Minutes, Sign-in Sheets ❑ Service Provider Letter � ❑ Impact Study per Section 18.390.040.B.2.(e) ❑ Copy of the Pre-Application Conference notes ❑ Filing Fee (see fee schedule) , PLANS REQUIRED: In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION�(See separate attachment for details on what information to include on each plan): ❑ Vicinity Map ❑ Preliminary Grading/Erosion Control Plan ❑ Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan ❑ Site Development Plan ❑ Architectural Drawings (elevations&floor plans) � Landscape Plan ❑ Sign Drawings ❑ Public Improvements/Streets Plan NUMBER OF COPIES REQUIRED: The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR PURPOSES OF REVIEWING YOUR APPLICATION FOR COMPLETENESS, ONLY 3 COPIES ARE NEEDED. THE BALANCE OF THE COPIES WILL BE REQUESTED FROM YOU, ONCE DEEMED COMPLETE, TO MAKE YOUR APPLICATION SUBMITTAL COMPLETE. h:lpatty�masters�applica6on submittal requirements.doc UPDATED: 26-Jun-02 , . . CITY OF TIGARD ._:+ND USE APPLICATIO. FEE SCHEDULE PROCEDURE FEE R T , APPEAL DIRECfOR'S DE�ISION PE II TO HEARINGS OFfICER EXPEDI�ED REVIEW DEPOSI HEARINGS REFEREE PLANNING COMMISSION/HEARINGS OfFICER TO CITY COUNQL � CONDITIONAL USE PERMIT INITIAL ' MAJOR MODIFICATiON ' MINOR MODIFICATION � , DEYELOPMENT CODE PROVISION REVIEW SINGLE-FAMILY BUILDING PIAN COMh1ERCIAVINDUSTRIAVINSTITUTION EXPEDITED REYIEW LAND PARTITION + � ot SUBDIVISION ' SUBDIVISION WITH PLANN�D DEVELOPMENT ' HISTORIC OVERIAY/REYIEW DISTRICT HISTORIC OYERIAY DESIGNATION � ' REMOVAL OF NISTORIC OVERLAY DESIGNATION ' EXTERIOR ALTERATION IN HISTORIC OVERLAY DISiRICT . NEW CONSTRUCTION IN HISTORIC OVERLAY DISTRICT DEMOLITION (N NISTORIC OVERLAY DISTRICT , HOME OCCUPATION PERMIT ORIGINAL PERMIT 1YPE I HOME OCCUPATION PERMIT TYPE II HOME OCCUPATION PERMIT LAND PARTITION � RESlDENTIAL AND NON-RESIDENTIAL 3 IOTS ' RESIDENTIAI AND NON-RESIDENTIAL 2 LOTS ' EXPEDITED. ' PLANNED DEVEL PMENT . CONCEPTUAL PLAN REVIEW i�a e ' Qe DETAILED PIAN REYIEW SENSITIYE LANDS REVIEW � WI1H EXCESSIYE SLOPES/WIIHIN DRAINAGE WAl(S/WITHIN WETLANDS PE II � WITH EXCESSIVE SLOPES/WITHIN DRAIHAGE WAYS/WITNIN WETIANDS PE III � WITNIN TNE 100-YEAR FLOODPLAIN PE III ' StGN PERMIT EXISTING AND MODIFIUITION TO AN EXIAING SIGN NO SIiE DIFFERENTIAL TEMPORARY SIGN PER SIG f , SITE DEVELOPMENT REVIEW ti..� MA OR MODIFICATION UNDER j1,000,000 + sl MILUON/OVER ' Over $I Mi'llion MINOR MODIFICATION SUBDIYISION - PRELIMINARY PLAT WITHOUT PIANNED DEVELOPMENT , + ot PREUMINARY PIAT WITH PLANNED DEYELOPMENT � FI AL PLAT TEMPORARY USE PERMIT DIREQOR'S DECISION SPECIAL EXEMPTION/NON-PROFIT ORGANIIATION ' - , e osit + ctua osts VARIANCE/AD USTMENT ADMINISTRATIVE VARIANCE DEVELOPMENT AD USTMENT SPECIAL AD USTMENTS - AD USTMENT TO A SUBDIVISION - REDUQION OF MINIMUM RESIDENTIAL DENSITY - ACCESS/EGRESS STANDARDS AD USTMENT - IANDSCAPING AD USTMENT EXISTING/NEW SiREET TREES PARKING AD USTMENTS - REDUQION IN MINIMUM OR INCREASE IN MAXIMUM PARKING RATIO - REDUQION IN NEW�OR EXISTING DEVELOPMENT/TRANSIT IMPROYEMENT - REDUCTiON IN BICYCLE PARKING � - ALTERNATIVE PARKING GARAGE LAYOUT - REDUCTION IN STACKING LANE LENGTH ' SIGN CODE AD USTMENT STREET IMPROVEMENT AD USTMENT TREE REMOVAL AD USTMENT WIRELESS COMMUNICATION fAULITY AD USTMENTS - SETBACK fROM.NEARBY RESIDENCE � - DISTANCE FROM ANOTHER TOWER ZONING MAP/TEXT AMENDMENT LEGISLATIVE — COMPREHENSIVE PLAN � � . LEGISIATIVE — COMMUNITY DEVELOPMENT CODE � QUASI-UDIUAL ' 100% of Highest Planning Fee + 50'/� of All Additional Fees Related to the Pro osal EFFECTIYE DATE: JULY 1. 2002 (ResoluGon No.02-38,Repealing Resolu0on No.98-58,Repealing Resolution No.96-30,Repealing Resolution No.91-01) *-Established by state statute NOTE l: WITHDRAWN APPLICATIONS: In cases of withdraw of an application,refund of fees may be applicable,less costs incurred,as deteRnined by the Direcio�. Generally, refunds of 80 percent will be made for applications received and withdrawn prior to sending out request for comments to agencies and noGce of public hearing being senl Fifty-percent refunds will be made where . noGce of public hearing has been sent but no staff report has begun. NO REFUNDS WILL BE PROVIDED FOR APPLICATIONS FOR WHICH A STAFF REPORT HAS BEGUN. NOTE 2: PROPERTY OWNER NOTICE REQUIREMENTS: For all Type II, III and IV applicaGons,applicants must submit two(2)sets of pre-stamped,pre-addressed envelopes for all property owne�s of record within 500 feet of the subject properties. The very most cuRent records of the Washington County Oepartment of Assessme�t and Taxa6on shall be t�e offiaal records for deteRnining ownership. N:1purylmutm\Ti�ad Fa Sdieduk.dx ' � '.. ,, . • � . SI'1?CIi1L WARItAN1'Y Di�;.. GRAN'I'OR'S NAM� ANU ADDRI:SS: [31T I-loldings Twelve, Inc. Attention: Mr. David C. Schenning Vice President Two Nopkins Plaza, Suite 804 Baltimore, Maryland 21201 . GRANTCC'S NAMG AND ADDRESS: � SN Proper�ics Partncrship I�ltention: Mr. l:dward P. [3orst Senior Vice President, Acquisitions I 121 SW Salmon Street Portland,Oregon 97205 _ B .. ;�.�`_. �-�:'�'1`, �`' � After recordinL, rehu�n to: �`i?'.' �OCUM�MT IS A TFUf� COr;' ;;r "- i;�'IGiNAL IN F LL' F RCC AND f_-rrEC�� F;�.'_:': SN Properties Partnership �(�� G��;� � CUUi�ii r`, Attention: Mr. Edw�rd P. Borst !.)�1pcR FEE# �v° ` , C'�`: Senior Vice President, Acc�uisitions v • . 1 121 SW Salmon Street - i,','� 3 D s_�_ Portland, Oregon 97205 _��._. _ ._ _ , � � �qr•.•: i' •:_ ,r,� t��' . . .,.....i,'? i!l `�'.�... . .� ._ ... � . .. . - . � Until rcqucsted otl�crrvisc,scnd all tax st�temcnts lo: � SN Properties Partnership Attention: Mr. Ted Malaska, Vice President,Taxation I 121 SW Salmon Street Por�land, Oregon 97205 � � : : SP�CIAL WAILANTY llECD—STATUT012Y I+ORM � (CORPORAI'E GRANTOR) : 13IT �IOLDINGS TW�LV�, INC., a corporation duly organized and existin6 ' under the laws of tlie State of Maryland, Grantor, conveys and specially wac•raiits to SN PROPCRTI�S PARTN�RSHIP, an Oregon general partnership, Grantee, the i�eal property described on Ridei• 1 attaclied hereto, free of encumbrances created oc- st�ffered �y GI'�I1tOI", except as set forth on Rider 2 attached hereto, situated in Washingto�i COU17�y, �re�011. 'I'he property is free of all encumbrances cr-eated or stiffered by Grantor, except as set forth on Ricler 2 attached hereto. The true consideration paid for this conveyance is an acnount equal to Thirceen Million One I-Ituuircd Seventy-rive Thoi�sand Dollars ($13,175,000).*�ti **Which is paid by a Qualified Intermediary as part of an IRS Section 1031 deferred exchange. � , ' 4 Uone by ora. �f Cirantor's l�oard oF directors wi� .s corp��rate scal, iF any, afli�ccl c�n Octc�bcr 2C, 2000. T'I-IIS INS'I'I2UM�NT WILL NOT ALLOW BIT HOLDINGS TW�LV�, lNC. USI: OP' TI-IE PIt01'EI2'TY D�SCRIBCD IN TIIIS INSTRUM�NT IN VIOLATION Qi' APPLICABLI: LAND USL LAWS AND By: �.�'i � , Vice President RCGULATIONS. B�FOR� SIGIVING OR David . chenning ACC�PTING THIS INSTRUMENT, THE P�RSON QCQUIRING rEE TITL� TO TH� . PROPERTY SHOULD CH�CK WITH THE APPROPRIATE CITY OR COUNTY B � � _ f��` PI,ANNING DrPAKTMrNT TO VCRIFY AI'PI20VI,U USI:S AND TO Dr'I'I;1tMINr ANY LIMITS ON LAWSUITS AGAINST I�ARMINC UR rORI?ST P12ACTICL'S AS llCFINCD IN OR�GON 30.930. STATE OF MARYLAND, CITY OP BALTIMORE) ss. This instrument was acknowledged before me on October 26, 2000 by David C. . Sclienning, as vice president of BIT Holdings Twelve, Ine. , � " � � �� . � Notary Public ��pp� My commission expires: � ! �-' � 0-O° � t�or,�nr�uouc stnr�o�r�� nr cor��,ss,a�oc�s�mi��s , � : 2 i tn�:i;:t<��r,.3 ' � 1ZIDrii � �ro »rrn , r.,��cnl_ i��.SCR[l'TION PARCEL l: Parcels 1 and 2, PARTI"I'ION PLAT NO. 1994-028, in the City of Ti�ard, County of Washington and State of Oregon; �XCEPTING TH�REFROM that portioil of Parcel 2 conveyed to Albertsons, I�lc., by Deed recorded July 9, 1999 as Recorder's Fee No. 99082159 and described as follows: � Beginninb at the Southwest corner of said Parcel 2, PARTITION PLAT NO. 1994-028; thcnce alon� the Westerly line of said Parcel 2 North 00° 02' 39" West, 144.43 feet; ihencc Soulh 89° 57' 21" West, 7.00 feet; thence Norlh UO° 02' 39" West, 3�45.33 Ceet; thence North 89° 57' 21" Last, 44.30 f�el; thence leavi�ig said Westerly linc South 00° 02' 39" East, 345.85 Pccl; thcncc Nor�h 89° 57' 21" Lasl, 7.00 feet; thence Soulh 00° 02' 39" l:ast, 144.4C fcct to the Southerly line of said Parcel 2; thence along said Soutlierly (ine North $9° 58' 42" West, 44.30 fcet to ll�e point of begiiu�ing. I'ARC�L 2: That portion of the Northwest quarter of Section 15, Township 2 South; Range 1 West of the Willunette Meridian, in the City of Tigard, County of Washington and State , of Oregon, described as follows: � � _ : � , Aeginning at a point on the East line of tlie Northwest quarter of Section 15, Townsllip 2 ' Soulh, Range 1 West oFthe Willamette Meridian, in the Counly of Washin�;ton and Slate of Oregon, which point bears South 00° 08' S0" East 645.17 feet from the quarter corncr on the ' North line of said Section; thence South 00° 08' S0" East along the East line of tlie� Northwest quai-ler of said section, a distance of 383.17 feet to a point whicll is 20.00 feet North 00° 08' S0" West from the Southeast corner of that tract of land conveyed to Mountain Park I-Iealtli Care Facilities, Inc. by Real Estate Contract recorded in Book 1 121 page 125, Deed Records for Washin�ton Cuunty, Orebon; thence South 88° 19' 48" Wesl 650.21 fect ' lo an iron rod on the Easterly rigl�t of way line of SW Pacific I-Ii�hw�iy ancl marking the ' �Southwest corner of said Mountain Park �-Iealth Care Pacilities Tract; thence Northeasterly along said right of w�iy line on the arc of a 3769.72 foot radius curve.to the right (tlie chord of which bears North 14° 35' 31" East 400.72 feet) a distance of 400.91 feet to an iron rod opposite �ngineers Station Ln 212+45.73 P.S.C.; tllence Northeasterly continuin�alonb said rigizt of way line on the arc of a spiral curve to the right(the chord of which bears Nortli l7° 46' 13" East 1.13 feet) a distance of 1.13 feet to a point on the Sotith line of that tract of land conveyed to Herbert W. Dayson and Betty Jean Dayson by deed recorded in Book 479 page 136, Deecl Records of Washington County, Oregon; thence North 89° 50' 1 g" West along said South line, a distance of 10.49 feet to a point marking an angle point in said I-Iighway right of way line; thence Nortl�easterly along said right of way line on the arc oC a 3779.72 foot radius curve to t}le right (tlie chord of wliicli bears Nortli 17° 37' 24" Cast 2.02 feet) a distance of 2.02 feet to a point opposite Lngiiieers Station Ln 212+45.73 P.S.C.; tl�ence Northe�sterly along said right of way line on the arc of a spiral curve to the right (tlie chord of which bears No�1.h 19° 31' 45" Cast 372.85 feet) a distance of 372.�9 feet to an iron rod o��posite Lnbinccrs Slation Ln 208-�70.73 P.S.; chence North 20° 34' S8" I?15L COillllllllll� � � Itnl I>•1�16(,1 r . . � 4 alonb saici ri�hl ol� line, � distance of 362.67 Feec to an .� roci; thence North CS° 27' 40" Last 28.l C lcet to an iron rod on the Southcrly right of way oF thc rclocatecl ��orlion of Durham Roac.i; �hence South 69° 30' 00" Cast along the Southerly righ[ of way linc of saici Durham Road, a distance of 135.49 feet; thence South 00° 02' 39" East 362.38 feet; thence North 89° 57' 21" Cast 29.18 feet; thence South 00° 02' 39" Cast 137.33 feet; thence South 89° 57' 21" West 7.00 feet; tlience So�itlt d0° 02' 39" �ast 144.12 feet; tl�ence Sotith 89° 58' 42" Easi 130.18 feet to the point of beginning; EXCEPTING T�-I�IZ�FROM that portion thereof conveyed to System Capital Real ' Property Corporation by Deed recorded May 17, 1999 as Recorder's Pee No. 99059949 and desci•ibed as follows: I3c�;innin� at a }�oint that is Soulh 0° 08' S0" �ast, 59.00 feet along the C�st line ot� the Northwest one-c�uarter of said Section 15, anci North 89° 55' 20" West, 179.9C feet from the Norlh one-quarter cornec of said Section 15; thence Soutli 0° 04' 40" Wcsl, 200.00 feei; thence North 89° 55' 20" West, 200.00 feet; tllence North 0° 04' 40" East, 89.97 feet to a point on tlie Easterly right-of-way line of S.W. Pacific Hibhway; thence along said Easterly right-of-way, North 20° 34' S8" East, 117.47 feet; thence South 89° 55' 20" East, 158.85 feet to the point of beginning. � PARCEL 3: Beginning at the Southwest corner of Parcel III as described in a Real Estate Contract to William Brownson II and Judith M. Brownson, recorded September 16, 1980, as � Recorder's Fee No. 80032465, which point bears South 00° 08' S0" East 695.17 feet fi•om ` the one-quai-ter corner on the North line of Section 15, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon; thence Nortli 00° 08' S0" West along the East line of the Northwest one-quarter of said Section 15, a distance of 50.00 feet; thence South 89° 58' 42" East parallel with the Soutti line of said I3rownsen tract, 629.86 feet to a point on the West line of S.W. 113th Avenue; thence South 00° 09' 02" l:ast alon� fhc Wesf line of said street, 50.00 feet to a poi�it on the Soulh line o(� saicl I3rowi�son tract; l�1CIlCC NOTLIl 89° 58' 42" West along saicl South linc, a clist�ncc of � 62�).86 leet to the poi�ic ol'be�;inninb. I ; ; i PARCCL 4: An easement for parking, ingress and egress, over the land described therein ptu�suant to the tenns and provisions thereof as granted in that certain Declaration of � Restrictions and Grant of Easements recorded June 12, 1987 as Recorder's Fee No. 87030100, as amended by instrument recorded July 9, 1999 as I'ee No. 99082160, Records of Washington County, Oregon. �4 Isnj I�•��,��1 �• • . 4 . Rznr:R 2� •ro Drcn 1. Access Restrzctians, including che terms and provisions thereof, conlained in Dced, To: State of Ore�on, by uzd tU�-ougli its State Highrvay Commissio�l ' Recorded: May 10, 19�2 , IIook: 332 Pase: 387, as amended by instcument recorcled rebrua.ry 5, 1988, Fee No. 88-05090 Records of Washingtou Count}�, Ore�on. 2. Access Restrictions, including tlie tenns and pravisioi�s tliereof, contained in Deed, To: State of Oregon, by and tluo�gh its State �Iighway Coiniiiission Recarded; Jt.uze 24, 1952 Book: 334 Page: 98, as anlended Uy instr�unent recorded 1u.ne 26, 19�2 i�� Boolc 874, Page 100 and fiu•ther amended by instrunient recorded Februli-y 5, 19$S, Fee No. 88-05090 Records of Washington County, Oregon. , � ' - � , 3. �aseinent(s) as created iii instruinent, ii�cludi»g die terms and provisions thercoC, ` To: adjacent property owners Recorded: October 28, 1963 � B oolc: 499 Page: 220 Records of Washington Coilnty, Oregon, ro�: roadway ��urposes � �. Casemenc(s) as created in instivment, inc[uding the tei'111S c'111CI �1'OV1SlO11S lliereof, ` � To: Portland GenezaJ. �lectric Company, Fui Oregon corporation �Dated: November 1, 1972 Recorded: Octol�er 28, I963 Doolc:, . 910 Pa�c; 221 ; Records of Washington County, Oregon. ror: power Iines • 5. Fasement(s) as created iii instrtunent, including the terms and provisions thereof, To: Tualatin-I'ranlclin, a joint ventLUe of Tualati�t DeyeJo�ment Co., Itic.. an Ore�oii corporation and Franlclin Service Corporation, a�l Oregon corpor�tion Dated: August 29, 197� Recorded; Septeinber 30, 1974 � IIoolt: 990 PQ�e: 944 � Records of '�fashington County, Oregon. �For: sewer pressure liiie G. rasernetits for existitig publie utilities in vacated sh�eet Zrea and tl�e condilio»9 inlposed tl�crcb}�. O,-dinlnce No.: 7� 29 . . • , 7. �asement(s) as created in instrument, including dle terms and pro�Jisions thereof, To: City of Tigard Recorded: Junc 12, 1937 Fee: 87030098, re-recorded October 1�, 198�, Pee No. 87052056 Records of Washington County; Oregan. I'or: sai�itaiy se�ver ' 8. Declzration of Restrictions and Grant ol�ASexnents, incluciin� the terms and provisions tl�ercof, By and T3etween: Wcst��vood Corporation, an Oregon corporation and Albertson's I��c,, a Dela��are corporation Dated: 7une 8, 1987 �ecorded; Jui�.e 12, 1987 I'ee No.: 87030100, as funended by instrument rec�rded July 9, 1999 as Fee No, 99082160 9. Common Area Maintena.ttce Agreement, including the terms and provisions thereof, � , Det�veen: Westwood Corporation, �n Oregon coi�porfttion; and Albertson's Inc., a: ' , Delaware corporation Dated: Jui�e 8, 1987 ` Recorded: June 12, 1987 I=ee: 87030101, as amended by instruinent recorded J'ul}� 9, 1999 as ree No. 990821G1 Records of Washin�ton Cotulty, Oregon. 10. Casemcnt(s) �s czc�led it1 i��sl�'ulllet�t, inclttding ihe terras �i�d �i•ovisions tliei•cot; � Ta: City of Tigazd � Recorded: June 12, 1987 ' Eee; 87030780, re-recorded Oetober 14, 1987, FeE No. 87052055 Records of Washington County, Oregoii. ' For: , storm drainage , 11. Boundary Line Agreeinent, including dle terms and �rovisions tl�zereof, Betti�veen: William Wessanger and I'rederic Wessinger doiiig business as W & r Properties and Westv�rood Corporation, Developers and Contractors, an Oregon corporai:io�l Dated; Februaty 10, 1988 Recorded: FeUruary 26, 1988 ' Fee: 88-07836 Records of Washingtoii County, Ore�on. M _ _ . ._ .. �--- - __. _ . _�. � •-� - , • . .. � � • , . l Z. fl. Co��enant Not To Compete, iric(uC�i11g t�]e teCrriS EU1d pt'OVi51oi1S (liece0t, 13et�vecn: Westwood Corporation, Developers and Coiitrlctors And: I�lcDonalds Corporation 1Zecorded: December. 8, 1988 Fe�: 88-54G63 . Records of Washington County, Oregoii. � b, Reslrictive Covcn�nt, inciuding the terms and provisions thereof, �xecuted by: BIT I-Ioldizlgs Twelve, Iilc., �t Maryltu�d corporal'ion, as sticccssor in inlcrest to Wcstwood Corporation In !'avor of, System Capital Real Property Corporation, a Delaware corporatiou Recorded: May 17, 1999 Fee: 99059950 ' Records of Washington County, Oregon. � . 13. Coxlditions atid Restrictions contained iil Memorandum of Lease, illclildiilg tlae terrns �and provisions tliereof, . � Between: Westwood IIoldin� Corporation Fuld Pay Less Drug �tores NortI�wesfi, Inc. Recorded: �1pri1 14, 1989 ' Fee No.: 89-16522 � Records of Washington County, Ore�on. , 1��, Fasentent, as showil on the recorded P�rtition Pla.t No. 1994-28 ' � i�or: private access easement for Parcel 1, Partition Plat No. 1994-23 ' ;Records of Wasliington County, Oregon, Alfects: a 24 foot widc strip across Pa�•cel 2, Partition Plat No, 1994�28 lying adjacent , to the South line of Pazcel 1, Partition Plat No. 1994-28 and the �asterly , � extension diereof 15. CondiCious fuid re5trictions, including ihe cerm� and provisions ihcreof, as sel :Corkll nnd as disclos�d by Section 6 01'Meinorarxdtun of Lcas� 13etween: I3IT Holding Twelve, Ii�c,, a Maryland corporation aild Marshalls of MA, Inc., a Massachusetts corporation Recorded: �1pri1 10, 1998 Fee: 9803G774 �� Recoi•ds of Wasl�ington County, Oregon. ' .._ ._�� _ � �_, . . I1l,�. L�� r,�;.ti • � . 16. Subject to die rights of pFU•ty or parties in possession, as tenailts only, in acco.rdance with any lcases afi'ecting portioiis of said land for the ter�n and upon the terxn9, covennnts, coiiditioiis �uid provisioiis tlierein contained, �inzited to tliose leases lisfied in tl�e Reut Roll cieli��ered by Grantor to Crrar:�ee concurrently with t11e Deec�. I7. �1ny'rights, interest or claims wl�ich may exist or arise by reason of the following facts sllovtim on survey by Clarence C. I3�ulcer of said land daied June 19, 1989, last reviscd May 30, ?000, •Tob No. 00036, �a) Traf�c sign post in No�thwest corner of Parcel I b) Guy and anchors aloi�g Last liiie of Pqrcel 1 _ � ' � � , � � : � � C O N S U L T I N G ' S�3.222.4453 503.248.9263 E N G I N E E R 5 vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 www.vlmk.com June 25, 2003 City of Tigard, Oregon Planning Division 13125 SW Hall Blvd. Tigard, Oregon 97223-8189 RE: Tigard Towne Square - Land Partition, 16200 SW Pacific Highway Existinq: This project consists of two existing buildings that are presently a Gas Station and Carwash. These buildings will remain with new tenants. The remainder of the site consists of parking lot and landscaping all adjacent to the Tigard Towne Square (shopping center). Proposed: The applicant is proposing to divide this lot into separate ownership. This submittal consists of a site plan on 11" x 17" sheet, depicting the existing facilities with adjacent parking and landscaping, a separate 11" x 17" Partition Plan and this narrative that addresses the entire Pre-Application meeting notes. Attached as part of this submittal (3 copies) is the following: • Application for Land Use • Narrative (this form) • CWS application (provider letter to follow in about three weeks, if needed). • Pre-Application notes • Preliminary Partition Plan (11" x 17") � Site Plan (11" x 17") • Special Warranty Deed • Fee • 2-sets of envelopes to follow after completeness • 20-sets to follow after completeness Zoning: This project is zoned CG (General Commercial). ' Struct�ca`JCTrn'g�s�e�id�ttc�`i9PVlfettt��i�('C��mt�i�l �i�e�htg'r�(f�A�ogjocStudies / Evaluations • Entitlement Pre-Application Compliance: The followin is a list of items from the Pre-A lication Conference Re ort dated 6/24/03: Heading Requirement Compliance Zoning . Various percentages • Comply with all percentages Dimensional and setbacks. and setbacks. Requirements Narrative Submit with a lication. This document is the Narrative. Impact Study Comply with sections The areas addressed in the Impact 18.390.040 and 18.390.050 Study are Transportation, Drainage, Parks System, Water System, Sewer System, Noise Impacts, Schools and Business Impacts. • All of these systems are existing and there will be NO additional impact with the new tenant. The facility is currently a gas station and carwash and the new tenant will remain the same. Access Pavement widths, queuing There is a cross easement proposed areas, etc. for this site. See Site Plan for com liance. Landscaping Street trees are required and See site plan for compliance. must meet the 15% re uirement Parking (Gas station): The existing facility is surrounded by a (5) Spaces required (3 plus 2 large shopping center parking lot with per service bay) an existing "shared parking" (Carwash): easement. 2 S aces required 1,200 sf. Bic cle arkin 1 Re uired Tenant to verif that 1 is installed. CWS Letter application required The application letter will be submitted to CWS. They are currently about three weeks out for res ondin . Si ns Permit re uired No si ns proposed. Additional Lot Minimum lot frontage Currently the site has the minimum Dimensions 115'-0" fronta e Additional Concerns or Comments: Separate See separate 11" x 17" for each. Partition Plan and Site Plan K:\Correspondence\OMemos\Tigard Town Sq. Gas St. Narr. 6-25-03.doc � ��C l�1'[ 1�, � � ( I�� (z�fG S r'�'T �� f�� w r� s C� �l't�� , �� z � � � � � � -- (; ) ��*s�� w1.� l� s ( 1 ) Z� �R��— �r � �2�F �:; ' . — �� .So�T�- t��'r C�2�E2 or IY��v �q DD cTi�I , ` � �� sT ��JT�A�.1C-� �o t4 �-T��2�So�JS --- — � - — _ �_Z� �–�cJ,� 2.CTF- � I D_� (-�� /Z_�`l�l r�-�� -- - --- .._-------�— — — � � ONSULTING ' S03.222.4453 503.248.9263 E N G I N E E R 5 vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 www.vlmk.com FAX TRANSMITT ; , [Please call 503-222-4453 if all pages are �r , a� TO: �v� OATE. ATTN: �' 1 vI� �V�C�►Cy�l ( ��V � FROM: � � � PROJECT: �I� TatiV f G �� ' "r NO.OF PAGES TO F�LLOW _�— URGENT, PLEASE HAND DELIVER COPY TO FOLLOW IN MAIL COMMENTS: pAX: �� I � —�'�7 �, �G� — �riv�S l �j�/� �'(/��, �l/� - ��'�/�� .� � -I-� -� (� ��( . c�p� -� -�—� ( �� , -�►� �� . C�1 ( � c�,/ � vl (�( �''l, (�.� �l �� . 1 �ti�� 1� CT . , �j- File Number . , �/ � CleanWate� Services Our commitment �s �lea�. Sensitive Area Pre-Screening Site Assessment Jurisdiction I �T` I�G Date �.�1 � U � Map & Tax Lot s Owner ^�$ Site Address � �N C��o(�t�lct — ��j,� Proposed Activity Address 0 ov� � 2�� . G��, �(rC Phone �?j�ZZZ — Y N NA Y N NA Sensitive Area Composite Map Stormwater Infrastructure maps � � � Map # � � � QS# � ❑ � Locally adopted studies or maps � � � Other Specify Specify Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 00-7: ❑ Sensitive areas potentially exist on site or within 200' of the site.THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. ❑ Sensitive areas do not appear to exist on site or within 200' of the site. This pre- screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. THIS FORM WILL SERVE AS AUTHORIZATION TO ISSUE A STORMWATER CONNECTION PERMIT. ❑ The proposed activity does rot meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Comments: Reviewed By: Date: Returned to Applicant Mail Fax Counter Date By 155 N First Avenue,Suite 270•Hillsboro,Oregon 97124 Phone: (503)846-8621 •Fax: (503)846-3525•www.deanwaterservices.ortt . ' � . ,15.42' — ��1 '9'40'�3" E , as2.sr � I � __ __— OL ( . �, __ �� l� c �O �--� -- �°1--��° � � � �a�------ �� '� 3 a. � �°�- °-� H ��o� -_ 5��,o„ z � s �� `' ;= C AR W AS �_,�z t � I �� ' j; 1 208 s.F. � ��\ � � , o� � ��J� �� \ N 14'41'45" �� 9 � `\ J 129.88' — S -- O � ` ' Sy �° -- �86•\ ` ➢o�. � �o � ;\' a ��' s , � �� I = �� r � i � o° \ � .�S�, � c�fl, � �� / `�G°' �� 5t j,, cD , � 94.45� — S 14'40'3" W � / / o / �`� � �o l` N�E \ F ooE� \t` � \ '�.\ O �,�, � � Z� a ` :-_\ -W � J W c ` �Z p \\\�� O � l � � �— O �`':� � Z� OZ ° ��:. � t1 n O U W ,. � �� m ��_„� �m or_o �.; � � Y �. a � �\�� . ' 3 � 5.W. D tl R M A Y R�. fC 0. N p. N 0. l]9 1 H A _SITE PLAN r-xo.o' � O �'� . I w 30 0 20 s0 60 � GENERAL NOTES: � 1. PROPERT�'UNE BEAPoNGS ANO DISTANCES AS MELL AS 97E AREA �� CµCULATONS AR[VRONOEO FOR ZONMG AND PERYIT R[NEW ONLY. / REAL PROPERTY LEGAL DESCRIPTONS AND AREA CALWUnONS ARE I• . � � ro ec vrtovmco er�recr�s�o vnoressaru wRVerat. AREA OF WORK a PLANNING AND ZONING REVIEW: - � � .iURISDICTON CiTY Oi 71GAR0.ORECON � •^. I � uno usc zorrc cc�ccHCn��coui,�cnci�u> ;�+ � , —��—••� � ——— AREA SUMMARY: ��3` � � �,y'�7. :"�� '�� i � � 47E UtEA: 140E!SOFT. 0.12 AfRES(*/-) ��.�5.� w� 'Wir RIe1N S Soc ��' ��\\� / �i � � GAS STAiIOM•� 100 SOFT. .06x COKRACE "`��.��/, -��\PACCIQ I SL•�J � I i � C.VtwASH 1.I0!SOR. l.77L COYERAGE �t\\\\\\\\\\\\� � ( � I Y TOTAL BIHIWNG AR[A: t,]OS SOR. 7.S7C COKRACE U�CC'i �l I � __J O < IANOSCAPE: 2.31J SOFf. 11x COVERALE / \\\\\ \\� �1 3 Z A.GPANNC: t1,�J7$pGT. epZ COVERAGE Cf1��\Cty�\��y�\'n\\\'! — � I 2 CJ GMKINC (E%ISTiNG)SHARED MTN SHOCGING CENiER ,� ,`�,� � �S'1��'CC\�"`�/ � ' I� - _ =- _— --- �I ��a o � � '' �Na W ��,�� I OVERALL SITE PLAN r�i�o N° W BACKGRDUND SITE INFORMA710N PROVIDE BY: '49'9° �� ••��G��•� I N.15. �p p� Architec',s Plpnner, Uone�ers � I� �J�r. � :0]fisa.a2:2 ! �� ' 5 C].G��5`_�G) i�. I II� O�IE kaOtsieoor!.=am � OCTOBEN 3000 Ton � � 5]]5 S.N. ititn AvEOUE.SVir '.0 r.�loamU.com �� o�.�. 6EA�E4100.OREG00 9]006 �� " w�:�°� \ � � � N07ED ]00�02 � ox�w acnao �' ———:��r—�— ———� ec� �ra 9KF�NO G 1 103'a5 23�96G-�C� vi4N�'.C'0�'�5 � � TRANSMISSION RESULT REPORT ••��••��••••••••� JUN 26 '03 �1��36PM)•••�•••••••••�•�� . .................................................�........... � ' � ,:: ENGIfJEE RS ...........................................................................�..................................................................................... � AUT�)) ...................., THE Fi�LLUWIhJG FILE�.�;� ERASEU FI�E F'ILE TYPE QPTIGN TEL NG. F�GE F'ESUI_T �8� h1EMORY TX 5�38463525 �,�i�3 �=!K „ ....,.................�..........��.....................................................,�...�............................................................................................................ ERR�JP'� 1) HAf�I�� UP VR L.I�JE FHIL �? BU'��' 3� t�U HNSWER 4) NO F��SI�°1ILE �:�UNf IECT=GPJ _;_.... ---- . , . _.__. . � D n � CI '�° _ 3 � � ., u _ 0 � � [il � m � � � k� � -�+ � � i''- ?- � �' �-- -�: � I� 1 � � � � ��1 I '� � � � �` m L\'� � ~ I � C + � T �� , s� � � � � . � � . .� � � � I � D �,i� m � ? � I m � , � „ rn � � I � �� , � � A ° � � C, �j � m � w x . —� . � � � � �� .—. so , G� �' � � � ;� — � � � C� , � �� i pn � � � ,� i � � � � � `� ~ , � �� ! � z � m � � �' „ � � � � � � � �, _ , � e � � � � � _ � � � �� a o z n '� m � � �' ,, -�-, x � ° o � � -� ' Cheryl Clodfelter-Tigard Town Square �WS Ltr.pdf Page 1 �e��D REC , . .� ,> >a�3 r � -� 31 � 5 ��'J�- �� _ � �� I��'i `� `�r ��, L': . i ��i ��N G ��:-, �, � � �' �r�F'�1N � I i�'� V� .. t.1G�t�'��; � • �u' �f U N ' � 'G03 �tt��E G1eanWater Ser.v�ce , � '��` P�� Oar cum�ainncnt is cle:�c. `U Sensitive Are Pre-Screening Site Assessment _._._.. fj„ ——�.---- - --.......--.._ .__ r- -:_ _.---- Jurisdict on I'i"' �-� I�._ ]a:e l� f�.o (:�— m 41 &Taa Lot � ��n�ne� - ' -- � aR �� . ' � •. N Sile t�ddre:s ��G�GlS ��.a�l�fl'1 -. � � L c� Co�ct '� � �N11.t� Pr�posed F�di•�ity Addrs:s �:1 �— � �-'��iY� �" ' ��....�'� �� _-j,�/1�,� . �� Ph�ne 5'�3^'ZL-�.-�5�_... Y N NA Y N NA � � ❑ Sensitive Area Composite Map ❑ ❑ ❑ Stormwater Infrastructure maps Map# 'ZSl LJf} QS# y�/� Y N NA Y N NA � ❑ ❑ Locally adopted studies or maps ❑ ❑ ❑Other Specify�_,_ Specify ___ _ Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No.00-7: ❑ Sensitive areas potentially exist on site or within 200'of the site.THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROViDER IETTER OR STORMWATER CONNECTION PERM17.If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required. � Sensitive areas do not appear to exist on site or within 200'of the site.This pre- screening site assessment does NOT eliminate the rteed to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS 12EQUIRED.TH1S FORM WILL SERVE AS AUTHORIZATION TO 15SUE A STORMWATER CONNECTION PERMIT. � The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REGIUIRED. Comments: Reviewed By: " Date: � G 3 _._._.�.------ __ . _____ G.Gvs �n�v��iv�YTi�L l2FU.lE�' �� Rrtunred[a.4pp�icu�:1 Mail� F«Y _. Counler 155 N First Avenue,Suite 270•Hillsboro,Oregon 97124 Da!¢ By Pho�e: (503)846-8621 .Fax: (503}846-3525 �vww deamt•atercervices are � 115.42' - N 19°40'43" E 3sz.s�� o -- Gj� ---- -� °% �,� C� � 0 9, -- �° n� � -________— - �_�l-�� N TC d � I� �� yC 9 JU• Z �� WASH ��°�'� ��o�� e � � � � CAR = � -. % ,,zoa S.F. a � °� � � � o� � �� °'��—� � \� � _ S 14'41'45�� W 9 � 129.88' -- � -- °�6. Sy��L �y�: , �° < � _— � S1� � �T'-� � / � �� ♦``-'�e? � � V�p� � v 5ZJ,, C� , � g4.45' — S 14'40'3" `N � � --� � � / � ^ �s �° o'E E r°i C�'J' � oo�� \ � \ � _:-_ �� a i � \ O �� ''l.� Z W P . �'ECE� �W J c \ � � �z � � :� � .�U� '� 2��3 Z� ° oZ , � �: �///�� O �W q �� ' c+ o �.�H ' _ �� VI I 1 v" a �.., �� orq . '' ��',r�; �:. � � � � a a ��\ .;, � �`e - � / ^ � /\ � � S.W. 0 11 p N�Y R 0. f[O. P D. N 0. �1 0 1 3 A SITE PLAN �•-�a.o i 0 '� � YO 0 20 10 60 — � GENERAL NOTES: �� 1. PROPERTY Lk1E BEAPoNGS AND D15TANCES AS NELL AS SIIE AREA � � CALCULATIONS ARE PRONDEO fOR 20NWG ANO PER41T RENEW plll'. I REAL PROGERT`/LEGAL DESCRIGTIONS MIO I�REA CALp1LATONS�RE • RE to ae aaohoeo sr�Rec�sicneo vao�ssioN,LL suaveroa. AREA OF WORK a . ' PLANNING AND ZONING REVIEW: � (/] ,A1R15(NCiION CITY Of TIGARD,OREGIXI -1 LANO USE ZONE CG(GENERAI C044ERCl/�L) — '—'�_ � ——— �Tl 11 AREA SUMMARY: ,�� .� .� �,,. � Z S�TE AREA: 1&D8B SOFT. D.�2 ACRES(r/-) ,w�� I � B il ol� !St�tQ�'�Q • . . CAS STATION 100 SOFT. .061I COVFRACE u� ` � I � I CARWASH 1.208 50�T. e.71[COVERACF \�+r\ � I TO7Al BUIIdNG�REA: 1.bE 50�T. 7.2[COVERACE ��:�`,«F��`��``� �+ � ' � e � --J O 3 � LANOSCAPE: 2.3aJ SaFT. 13[LOVERAGE ��a��tt��'��`n\\\M � � � Q A.C.PANNG: 1l,IJ7 SOF7. 607I LOVERAGE l PARNING (EXISiING)SHARED W11H SHOPPiNG CEN7ER / \ '\\\\\\� '� CSt��+C��y}�++/ � I ._ —_ — � _� � � �Z� Z � \ �n\\\V I, ��`O �a w BACKGROl1ND SITE INFORMATIDN PROVIDE BY: e�5'Ct��P�\\\\�1 � I OVERALL SITE PLAN (-7�vi� � =1• "��G�l � w.r.s. �'poo� � � LZNa �/'� A�ch��[erts pie^.�ers Monogers � �� I� C�''J�D� V/ 503.64l.1722 le� I I� 0�� 50�3.614.656; faw (S,tttttt��l koqelapo�rt.rcno�m ( OCTOBER 2000 6]]5 S.W.�11th AYEOUE,SVIT[]0 ��w.sloointl.cam � � �� a � BEA�ERT00,OREG00 97�09 �� _. NOTED 200�0P m�n-m-a�renn-�u�e m�a / ' —__ .— .T_'._ ___� DitAWN b1ELNE0 BCL JrB 91[R ra G 1 � so»es :sieec-i.e. VUAK PLOT DATES: 115.42' — N 19°40'43" E _ 3s2.s�� o -- , -- -- �— ��o ,Gj� . °+t o��o � � o � 9' � \ /� � . _ _ _ o r D� 36. s ' H � , �, �, �.i , _ � __ N d .� p�"0,,� � y� �o�� ., — �� ' f n O! . �� in .' ' ._........r.:Z... � � � � CAR�S A � ' S.F. 24.0' WIDE ACCESS I � � 1,208 � EASEMENT [�,� _ _______ ' i..... �� 'Or-o O� '; i p�L - - — —__--""_..-'_' �' • , __ __ --- - _- S 14'41'45" W �' � k _ , �. 129.88 __ 908. ,�..._. � �. -- --- -, ' . . � ' c�P � - --- - ---- . 6 � . . . . . , � . . � . , _ -- _._ . ` _ _ I; . � � - '--- .. .. �cS%. HE� �o C �Z _ _ _ _ S �<Lt ---- �q. , . .. `._„,� cf+ rno �\ � �----_ 'i I � _ �- o /`', S� '� - i , � , , � � - � . ; �� i • _ . . . i � , � • � . . � . � ', � `, � ',, i -' ''• 8� '- °' � �� :i ��•� ------- ----- - -�_" - _ _, ��--g4.45'--_--S 14'40'3�� W m / --� -----� �,. � -- � ---_- / � _ ---�---- . _, _ � ---- i �l � '_"__" , , r_': � ..�"_ __"___ ' / . 1 ` J ` �.__... ., - . �. � //J��,'� i�:. / ��..// ,`l/ � ,1��///`, � / ,; ,�� Q�E \ �``, ,� o� � � t '' a ` Q ��:'' � .. �� a �� ? �l 4�'"a�� . Z C � �� -�. —W � .:� / •� ., J W � �/ 7 Z rn \ -.\ ', � ` d 1C' �— " \\ � Lr� " � z \'. .. � / l ��'y;+�j;lf. � �� I OZ ° �� ab i �i� ` � ,��FN��F��: ,�,, �W � �_ � �o�., v��- �.: �� , �� ` � / ;,i�,� a � .� r ��` �� ' �` �� ; � ^ / �` / �// � � 5 W. �U R N A Y R➢�. CG 9. fl_D N 0. ♦2 9 1 � r A ? _ � r°'i � SITE PLAN J � ' � ,�_:o.o• � —�' ,r � , . ._ � _ � , � � •�� .xl , - �-1' - .W W_J YO 0 IO 10 60 4.� ['T 1 1 GENERAL NOTES: � 1 PROPERTY LINE BEARNlCS AND�ISTANCES AS WEII AS S1TE AREA � F� CALCULA➢ONS ARE PRONUEO FOR 20NING AND PERMIT RENEW plLY. - I �� REAL PROPERTY LEG/�L DESCRIPTONS AND AREA CAIWUTI0N5 ME �s TD BE PRON�E�BY A REd57ERE0 PROfE5510NAL SURKYO(t. AREA OF WORK • ' �__� �� c�� .� , �.. .6. _ a PLANNING AND ZONING REVIEW: � . � " � -- . . ,unisoicna+ an ov ncueo,aeeca+ ' , '�-, \\�\ , —�� ••�� ——— �T� z W,o��Z� CC(GENERAL CO4YFRCIAL) ; -��, - I+y ��. ;�'� , � .� R i Q , � � i ' Z ,�\\,\,� .�:, �t � �✓ � BACKGROUND SITE WFORMATION PROVIDE BY: ..'� ��;' � "''° ` � I ��'. ST�n-EKn ` ��' � "'' - � - ° � J � a F•<h�tects Plonne�s AAanogers � �� •" E� � Z so3.e��.azzz «i ' %��a��t��\R`d � ��-t�Y..--'�t �=��—��_..,._.....—'R = � 503.6!{.6567 faR , ^ ekaOlelepo�rt.c^�m � IJ d , '. i ' �'_ �� U ens sw. �n�n nvfauE.sui.E ao .....ioo��n.�o� ..� ��,��_% 1 � - - --- = -- --- �/��zo �--- arav�a�oo.oa�coo s�aoa ° "� , � Fil�a� � �-.�_�.,��,..,�� ,� ��!��. w . ,\ � "�'" � OVERALL SITE PLAN ��° � ' �d ��`� u.rs �o o°� Q r:�, ' ...�` �z°Na �� °911'� ��' �1 Q�°F � � I• o�iE �� --� OCTOBER 7000 ��.\,U�.., • SCAIE PNQI.N0. NOTED 700�01 � _ ____ pRAMI LMECI(EO ---:�J—' � BGl JTB SMET w0 G 1A � 703186 13196G1A.Cv KMK PLOT DATES�. . � CITY OF TIGARD _ c��«�;�,��a�c��L�s :: PRE-APPLICATION CONFERENCE N4TES . . - .. � _r Cnmmuruty�Devefopment ' S(uipinfj�]�13ettzrCommunfty (Pre-Application Meeting Notes�are V�lid #or.Six �bj Monffisj � �a�n�o� 6lZ�l�__ . _ NON-RESIDENTIAL �� ___ ___ __ _ __ _ _ APPLICANT: VLMI< C„q�„u,,� AGENT: �e,�n��u K�.►,,�r,� Phone: (�3) �22 �4ti 53 Phone: j ) PROPERTY LOCATION: ADDRfSS/GENERAL LOfATION: I6� 5�,✓ 1'��tt�� l-�y TAX MAP(S)/LOT #(S): ZS l(�8�4' dD�d 3 NECESSARY APPLICATIONS: �L� CA'��rto.-La.,�rr( 1�'�tr,��i o�� .�✓�.� Tpa��T�.-,.�S�.r,r,��{ Cw�a�.�s�� PROPOSAL DESCRIPTION: To �...-��t o,.� �. 0.Y ��„� pic�,-�( . o COMPREHENSIVE PLAN MAP DESIGNATION: (�� C,e.►.,��.«,1 ZONING MAP DESIGNATION: C� G CITIZEN INVOLVEMENT TEAM(C.I.T.)AREA: So��'t � IONING DISTRICT OIMENSIONAL REQUIREMENTS [Refer to Code Section 18. �1.� l MINIMUM LOT SIZE:�_ sq_ ft. Average Min. lot width: SO ft. Max. building height:�ft. Setbacks: Front 'bZ ft. Side �t ft. Rear�,_ft. Corner ft_ from street. MAXIMUM SITE COVERAGE: �% Minimum landscaped or natural vegetation area: >; °/a. ❑ NEI6HBORNOOD MEETING [Refer to the Neighborhood Meeting Handoutl THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submittinq your application or the application will not be accepted. '` NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Appfication/Planning Oivision Section [+�NARRATIVE [Refer to Code Cpapter 18.3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. � [✓�IMPACT STUDY [Refer ta Code Secdons 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package_ The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standa�ds, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not �oughly propo�tional to the projected impacts of the development. � [�ACCESS [Refer te C�apters 18J05 and 18.1651 Minimum number of accesses: 1 Minimum access width: 30 (h��"�'�` �Minimum pavement width: Lw' a� {kS[�.�v��All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: ❑ WALKWAY REQUIREMENTS [Refer to Code Section 18.705.0301 WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ❑ SPECIAL SETBACKS [Refer to Code Chapter 18.7301 �= STREETS: feet from the centerline of ➢ LOWER INTENSITY ZONES: feet, along the site's boundary. ➢ FLAG LOT: 10-FOOT SIDE YARD SETBACK. ❑ SPECIAL BUILDING NEIGHT PROVISIONS [Refer to Code Section 18.730.010.6.1 BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: ➢ A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; ➢ All actual building setbacks will be at least half('/2) of the building's height; and ➢ The structure wil! not abut a residential zoned district. ❑ BUF'FERING AND SCREENIN6 [Refer to Code Chapter 18.7451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas a�e described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may o� be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Residential AppficalioNPlanni�g Division Section The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your p�oposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUiRED ALONG: Q�IANOSCAPING [Refer te Code Chapters 18.745,18.765 aad 18.7051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way o�on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at feast two (2) inches when measured fou� (4) feet above g�ade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at matu�ity. Further infom�ation on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design featu�es which effectively screen the parking lot areas from view. These design featu�es may include the use of landscaped berms, decorative walls, and raised planters. ❑ RECYCLING [Refer ta Code Chapter 18.1551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) d�iveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. �' [�PARKIN6 [Refer to Code Section 18.765.0401 � REQUIRED parking for this type of use: G�s ;f�,� =3 +2 .,��r�«_t„�,, '�r`' Parking SHOWN on preliminary plan(s): � �c�,P. �u�,�.� SEC�NDARY USE REQUIRED parking: Cr,s ti,.ksl,= Z w I,��a b�r� fus��„ ��(. Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED ANDIOR DIMENSIONED AS C�MPACT SPACES. PARKING STALLS shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. ➢ Compact parfcing space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Partcing space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of th�ee(3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscapi�g for meeting the minimum percentage requirements. HANDICAPPED PARKING: ➢ All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act {ADA). A handout is available upon request_ A handicapped parlcing space symbol shall be painted on the parking space su�face and an app�opriate sign shall be posted. ➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADIN6 AREA REQUIREMENTS [R�fer to Code Sec6on 18.165.0801 Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a Ioading space_ The space size and location shall be as approved by the City Engineer. CITY OF T1GAR0 Pre-Application Conference Notes Page 3 of 8 NON-Residenti�AppGcafionlPlannirg Divisia�Section [�BICYCLE RACKS [Rdfer to Code Sec6ea 1�.7651 BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and i� convenient locations. d.2 f,�r 1,�9� C�� ti��y�s�1��•h) ❑ SENSITIVE LANOS [Refer ta Code Chapter 18.7151 The Code Provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAI DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application confe�ence based on available infoRnation. HOWEVER, the res onsibilit to recisel identify sensitive land areas, and their boundaries, is the responsibility o the applicant. Areas meetinq the definitions of sensitive lands must be clearlv i�dicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES [Refer to Code Secfion 18.T15.080.C1 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical repo�t must be submitted which addresses the app�oval standards of the Tiga�d Community Development Code Section 18.775.080.C. The report shall be based upon field explo�ation and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. [� CLEANWATER SERVICES[CWSI BUFFER STANOARDS [Refer to R a 8 96-44/USA Regulations-�hapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a c��V vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive or�� area. Desi n Criteria: The EGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUALIRESOLUTION � ORDER 96-44 -- - . .,- - - - - --- _ _ — --- -- - - - . .:; -- . _. � - - - � � 4 � �.SLOPE ADJACENT WfDTH OF VEGETATED ��SENSITIVE`AREA�DEFINITIOIV �� a s - ,TO SENSITIVE AREA CORRIDOR PER SIDE ♦ Streams with intermittent flow draining: <25% � 10 to <50 acres 15 feet 1 >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and onds • Streams with intermittent flow draining: >25% 1 10 to <50 acres 30 feet �1 >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the sta�ting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine6 Sta�ting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated weUand boundary, delineated spring boundary,and/or average high water fo�lakes or ponds,whichever offers greatest resource protection. InteRnittent spri�gs, located a minimum of 15 feet within the river/sVeam or wetland vegetated corridor,shall not serve as a starting point for measurement SVegetated comdor averaging or reduction is allowed o�ly when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corrido�extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated comdor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirtns slope stability shall be maintained with the reduced setbadc from the top of ravine. CITY OF TIGARD P�e-Application Conference Notes Page 4 of 8 NON-Residen6al AppicatioivPlanning Division SecYon � F Restrictions in the Ve etate Corridor: NO structures, deve opment, construction activities, gardens, lawns, application of chemicals, dumping of any materials of a�y kind, or other activities shall be permitted which othervvise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of V etated Corridor: I ANY RESI ENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated comdor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CVNS Service Provider Letter: —�j PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there a�e no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not �equired. []/S16NS [Refer to 6�de Chapter 18.T801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SlGN in the City of Tigard. A "Guidelines for Sign Pe�rnits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. /� l C"0.n� l�t'NO✓A��3 p/►�'f-r� ❑ TREE REMOVAL PLAN REQUIREMENT'S [Refer to Code Section 18.190.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arbo�ist shall be provided for any lot, parcel or combination of lots o� parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in calipe�. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: � Retainage of less than 25% of existing trees ove� 12 inches in caliper requires a mitigation p�ogram according to Section 18.150.070.D. of no net loss of t�ees; � Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; � Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated acco�ding to Section 18.790.060.D.; � Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as pa�t of the tree plan above and will be replaced according to Section 18.790.060.D. ❑ MITI6ATION [Refer to Code Section 18.790.060.E1 REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Applica6o�Canference Notes Page 5 of 8 NON�sidential ApphcataNPlanrting Divisan Section ➢ If a replacement tree of the size cut is not �easonably available on the locai market or would not be viable, the Director shall require replacement with more than one t�ee in accordance with the following formula: � The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Di�ector may require one (1)or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owne�, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. �� J��iI /��,u� �� dl� r�iGli��n� CLFAR YISION AREA [Refer to C�de Chapter 18.7951 1 r Y � The Cit requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT �8) FEET IN HEIGHT at road/driveway, road/�ailroad, and road/road intersections. The size of the required dear vision area depends upon the abutting streeYs functional dassification and any existing obstructions within the clear vision area. T [� ADDITIONAL LOT UIMENSIONAL REQUIREMENTS [Refer to Code Secdon 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of f�ontage or have a minimum 15-foot wide access easement. � The DEPTH OF ALL LOTS SHALL NOT EXCEED 2%z TIMES THE AVERAGE WIDTH, unless the parcel is less than 1'/z times the minimum lot size of the applicable zoning district. COOECNAPTERS _ 18.330(�onditiona�use) �$.6ZO(T'gard Triangle Design Standards) � 18.765(o�street Parwr��oadiny Reyui�emen�) _ �H.�O(Directors Interpretation) 18.630(washin9ton square Reyior�a��ente� 18.775(sensrtNe�ands ke�iew) _ 18.350(P�anned oeve�opmen� � 'I H.7O5(AccesslEgresslCirailation) �18.780�sg�� _ 18.360(site oevelopmer►t Review) 18.710(Accessory Residentia�units) - 18.785(Ten�porary use Pem�s) _ 18.370(varianoe,srAd��strnents) 18.715{�ensity�omPutations) 18.790(Tree Re�r�ovaq _ �$.38�(Zonirg Map/Text Amendmenls) �S.�ZO{Design Compa6bility Standards} � �8.795(v�sua�Clearance Areas) _ 18.385 t�i�P�� 18.725{Envi�orunenta�Pert«mance standaros) 18.798(w�re�ess�annunicatio�Fac�ties) �L 18.390�o��a�,y P�oo��i�t sn,ey� 18.730�Exce�ro oeY�o�,t sa�a�� 3 18.810�sv�c s�uw�cy u►�o�t st�� 18.410�oc u�Aa�� 18.740�r�ro�o+�naY� � �B.�ZO(Land Partitions) 18.742�r�o�,�o�,��,P�� _ 18.430�s�� ✓ 18.745(tands�ing�sc�eenuy Standards) _ 18.510�R��a�,�zo�a5a�> 18.750(Manufacturedrtv�oba�ome Regu�ation�) � 18.520(Corrmercia�zona�oistrids) 18.755(�ed soue waste�ze�yd�g storage) _ 18.530 pndustria�zoning�strict�) 18.760�N«�r«�sm,a�> CIN OF TIGARD Pre-Application Conference Notes Page 6 of 8 NoN-Re�a�t a��9 a��s�oo� ADDITIOMAL CONCERNS OR COMMENTS: Qro�.�c,(,c. �,.�'T�ftoh P�u✓� �5�ou,�f� S��[_ ��.n � Sr� Plu,n Sfne,IlGt 5��.✓ (ot.rt,f'L�+'1 ot� lnV►�i6cn.ac�G�/�(vQ.tvu,i,if�Iqito�ScaAG af�ls �calwlw�G aM.b.� �"�t� SP�wS,� -��c�w+ir,cvuol Sc{�icw�c5 — rJo.r�{+on ?(,,., s1.ao��r,I S(n.ow �o� t►�t�s�i`c4n�s o�'"wa,v�PA�SGs�.�wnTS s�,��- z ��P�� „��cc� ��o��,��5 �� I�o n. s .rti ��'tss �e val�.{ ff,r w1.wlKr•h 0 �-2 v i�'1 vN,� dG t T� 1R bGCS I•+L IJaI�, "/1ar�oltivG!t�+�..�Sr7l0� ' G�,/h se�v�u. o ro�� l��{tf' - �[.a iu K�, ' OnG��.k f�Gf� on � _T � -- - w S � �trit,ef �,�t . � - ZsL� envc,�P�i s�'a•+ae,�i add�r:�� C�r c.o�.p4,�c.,,�rf, ��c,..-) �ZD Fv(( SG�S Lu�-u' Gdw��lv�S fe✓cu,l� PROCEOURE ✓ Administrative Staff Review. y`6 �'��S `"�'�`r°`PP �s ��"Ph�• Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Cauncil. APPLICATION SUBMIiTAI PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PIEASE NOTE: Applications submitted b mail or dro ed off at the counter without Plannin ivision acce tance ma be returned. The P annmq counter c oses at 4:00 PM. Ma s submitted with an application shall be folded IN ADVANCE to 8.5 b 11 inches. One 1 8 z' x 1" ma o a ro osed rosect s�d e submitted or attachment to the sta re ort or administrative decision. Application with un o ed maps shall not e accepted. The Planning Division and Engineering Depa�tment will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pr�Applica6on Conference Notes Page 7 of 8 NON-Residen6al Appfr.atioruPlanning D'wision Section The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written �ecommendations #rom the Planning staff are issued seven {7) days prior to the public hearing A 10-day public appeal period follows all land use decisions. An appea� on this matter would be heard by the Tigard �{L, L'�,�' . A basic flow chart which illustrates the review process is a ailable from the Planning Division upon request. Land use applications requiring a public hea�ing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the pnmary Community Development Code �equirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the oppo�tunities and constraints affecting development of the site. BUILOIN6 PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN fSSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Pa�titions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the Cit 's olic is to a I those s stem develo ment credits to the first buildin ermit issued in the develo ment (UNLE S OTHERWISE DIRECTED BY T E DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). e con erence an no es canno cover a o e requiremen s an aspec s re a e o site planning that should a pl to the development of your site plan. Failure of the staff to provide information required by the �odye shall not constitute a waiver of the applicable standards or requirements. It is recommended that a pros�pective applicant either obtain and read t1�e Community Development Code or ask any questions of City staft�relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: M°� �^ I r� GT11 OF TIGARD PLANN NG DIYISION - STAFF PERSON NOLDING PRE-APP. MEETING PHONE: (503) 639-4111 FAX: (503) 684-1297 E-MAIL• (sw�'s tust name)p�ci.tiga�d.o�.us TITLE 18(CITIf OF TIGARD'S COMMONITY DEVELOPMENT [ODE)INTERNET M�RESS: www.ci.tigard.or.us H:lpattylmasterslPre-App Notes Commercial.doc Updated: 3-Oct-02 (Engineering section:preapp.eng) CITY OF TIGARD Pre-ApplicaUon Conference Notes Page 8 of 8 NON�tesidential Appica6oNPla�xung Divisioo Sec6on . ::,. �:s 15:o� F�1 Sos59�196� CITI OF TIGaRD (�„o� PRE-APPLICATI�N .� CONFERENCE REQIIEST CITY CF TIGARD 13125 SW Hal1 B/vd., Tigard, OR 97223(503} 639-4171 FA�C� (503) 684-7297 �:c.�,=�t1L iNFORMATl�1!1 _ ,; ;;;�,jn�; V(�l" ' � �V`�� I� I�L� I F R STAFF USE GNLY � — � Z � /� (—/L � { _.. ._�._. ��J �� tw� �� Phone: Z��`� ; Case rvo___�R E aoc;3 ��f � ��1 �L Zip: �� I Receipt No.:� �a��3 ��f-�`� � -1 �,/ Application Acc3pted 8y: C ��cti�s�% � !�'�::tac� Person:� �� , Phone: �` �f" I �� Date: (o � il- 03 � � ,1� �._-,�^ � � �=��pert� Owner/Deed Ho(der(s): r1viL�►� I-�� f � DATE OF'PRE-<PP.: (v " ��"`� � _— TIME OF PRE-A'P.: �� °" I .=.a��ess: (1 2� �it� �l �V✓�'� Phane: ��ZGIGO I PRE-APP: HELC.WITH: �•�ty. �l�" � " 1 j " '— Z�p- � 1 �`�`J Rev.7/1i2002 I:�cur�In�mas�ers�revlseelP;e�pp,2equest.Cx i - ��r..��,� ��d��esslLocation(s): �� _ ��/J �'1� �YI REQUIRED SUBMITTAL ELEN(ENTS (Note: appl cations wii)not be accepted .-__— n n without the •equired submittal elerients) 3:. ,4taG '3. Tax Lot#(s): !�� C I ��/�' ��O I � � _�..,:�.� �� -- � Pre-Application Conf. Request Form �• _ -- �/) �j �� 2 COPIES i:ACH OF THE FOLLOWING: -tt :��z�: � - � � [� Brlef Des:ription of the Pro;�osal and � any site-�peciflc questicnsl(ssues that ��c-«�r"-PLICATION CONFERENCE WFORMATION � you woulc li[ce to have staft research � prior tn thE meeting. ti;� ot tne information identified on this form are required ia be � :L�nitt�d by the appllcant and received by the Planning Division a j Q� Site Plan. The site plan must show the �-�r.rr.�rn �t cne 111 week prior to �fficially schedulin�a proposed lots snd/or b�ildir,g iayouts � ;�•e��op��catian conference date/time to allow staff ample time tv drawn to s cale. Also, sh�w tF e tocaticn �:��?are �or the meeting. of the sub ect property ir rela:ion to the nearest s.reets; and th� Io�:ations of �. ;;,-e-application conference can usually be scheduled within 1-2 driveways on the subject prcperty and �r.�:!cs of the Planning Division's receipt of the request for either across the street. ^ 1'�,c_sdav or Thursdav mominqs_. Pre-appfication conferences are The Propcsed Uses. c,r ;i) hour Io2a and are rypicatly held between the hours of Topograpt ic Informatlon. Include ��J�-'�1:Op AM_ � Contour Li ies if Posslble. ,�-;�;�,�+.�%��GA i i4�1t �UiVF�FtENC�S �`AUST g� SCHEDULEG !N ` If che Pre-�+.pplication Cnr�erer ce is icr a � � z;�SC�! �;T Tt-i� CO+V(N;UtJiTY aEVELOPMENT COUNTER FROM �.10NOP0_E proje��t, the appl:cant must �.:•Ja�.:COlMONDAY-FRIDAY. attach a c�py of the fetter and proof in the form c�f an affidavit of m�3iling, that �_ ;r10RE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE the colloc:3tlon protocol was :ompleted ; 2�•APPLICATION CONFERENCE IN YOUR GROUP, PLEASE (see SecLon 18.798.080 of the Tigard i;:Ffl4:lr? THE Cffl' !N ADVANCE 50 THAT ALTERNA7E ROOM CommuniY�Development Cod�3). �.�:�ANu�MENTS CAN BE IVt'r�DE TO ACCOMMODATE THE � Filing Fee $200.00 �-�OiJP. . . �� Q 3 S c�`— �,,�, ,� I �� Pre-Apps (CD Meetings) June2003 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Tuesday, June 24, 2003 s:oo 8:30 9:00 Pre-app Tom Clarke 503-293•1226 Two new office bidgs. 7355/7305 SW Beveland 9:30 10:00 Pre-app appt Ken Sandblast 503-684-1020 � � i�- -- � Pre-app VLMK Consulting Eng (Jennifer) 503-222-4453 11:00 11:30 � �' 12:0� ------- --. 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 ' 4:30 5:00 5:30 6:00 4:59PM Monday, June 16, 2003 C O N S U L T I N G ' S03.222.4453 503.248.9263 E N G I N E E R S vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 www.vlmk.com June 10, 2003 MEMORANDUM TO: City of Tigard, Planning Department FROM: John Brooks, VLMK Consulting Engineers RE: Tigard Towne Square Land Partition Submittal for Pre-application Conference Enclosed please find preliminary plan information for a proposed land partition at the Tigard Towne Square Commercial Center. The applicant is proposing to partition a small portion of the land currently occupied by a gas station and car wash. The information is provided to supplement an application for pre-application conference. The project is located at the east corner of S Pacific Highway and SW Durham Road. Proposed new parcel would follow the lines currently indicated on the site plan as "Lease Line". The new lot fronts on Pacific Highway with approximately 115 feet of frontage. The applicant will also provide for an access easement for the existing driveway from Hwy. 99. Included with this application are the following exhibits: 1. Overall site plan with vicinity map 2. Utility exhibits from the City of Tigard archives. Should you require any additional information to set up the pre-application conference, please do not hesitate to call. cc: Mary Ann Kolen, Harsch Investments Jennifer Kimura, VLMK JTB:jjs ' Structural Engineering • Civil Engineering • Industrial Engineering • Planning • Studies / Evaluations • Entitlement K�1(:nrracnnnrianrclll�AomnelTinarri Trn.�nc Cn I�nrl P�rf a_�n_nz,�� . ONSULTING ' S03.222.4453 503.248.9263 E N G I N E E R S vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 www.vlmk.com LETTER OF TRANSMITT L TO � I �� DATE: C�/ ' v I� � ��I Z J /��/ � 1 �� // ' PROJECT: �� /r/CJ� � � �. � � 2 z� G� �� ATTN: (� P JOB NO: �jC��r�( „ Y _ WE ARE SENDING YOU Attached ❑ Under separate cover via the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ OPI DATE NO. I S � � - � �� n r(�t�;�lE4 THESE ARE TRANSMITTED as checked below: ❑ For Approval ❑ Approved as submltted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution — ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO . SIGNE �I " " ''��'� If enclosures are not as noted,kindly notify us at once � T- . .. . . " �io�sir ca w.�..w.,e.+ '-y� ,��...........�...�...._..._._...W................�.�._.............. '_ ...� du I � ��n7'��..i� _. . � a� a� a� r---�--�,--�-�� I a� �.::�- �'a �'" � � . _��:�;� - _ - _ - – �-,,. —��.�;;. � � / f � ' • o_�.00no `' .�o�oo N �YQ 1 �-s__`+:�a`� � _.....�. ... _..... � _... r _ J � t�;.�"«.N„y,.... � � +�+� .,.,� � .. .�.=._�?;s,__.__..�_..._.-' / ��°� • -- ~V � ....,,� ' _.,. ' LIO _ - _��.��.....�..�...». . �� I � ` �. i�no- - -- - - ''�r� 7-__�I -:o en--- - -- � . .......__._,......... // ;�; F�_—_- � , . , , � ��_ � � F �' 90 i f � � 01 � b �....� � ' i �'t ' � �'�� ' t� / . � i _ .-140 .�.__I _ __. —_"._....._--lSQ-�_ i_ 190 I ' — _ �� £.'x,'lt� — �___' _ __LeG�:nec r. I I �'� � :}�;� � . - � - � Y - - _._, \ � . � . � inF`-— v �..1.�^-.. , /� (1 . � � j ' • ,� iez°: --- � � � i �....�..or..� � v -1-1- -J,e. :�,� � �� ------ _ _ _- -- �.. - _ -�=--�. __ _._ �s�� _ — — -- -- -- - - -----�— --- - -- - ta i � � , s _,_ � � - -- � �� _ - = .=�_ _. ..._ � _�: ,,._ , ,�� , . -,� _ �� _ I�/' A � �-- �7• , ,� e�= � - _ r� � I � � i � � -.—�:>>� —} — ;� �� ::,^;...�. } . "° — ' -- -- _�� I——T— — � �.,,R... "_' �s- I / �,.' _ � ' ' -�=� 166 I s.f• �\ BdICOETAIL� � � . � ---' -- —_—_�_—"__T"' — I,_—___'�—_—_I ' _ _ i6E �..�- I ,=t�Na.�. i_ I ~\ ,I. . i62 � o_��. / _ _— __ _ —_ -- _ ' '__— "—_ ' —__'y'__ � E��.;:M';:'d-'r::°. f�.W''° _ _ �1.�__ � €� r.iw-.. ./. �� j }� �, —1— � �1 �J i , ...... . // . . _...._ ' 'i; _ � �-- — — �; —.- - -��r-� - ez S i�i �a:�i �_/ �� a ��\�cc:r l - - �sa'- - -�ia'— i � �, �;� , /e -- �� _-_._ -- ="-- -- -- -- �I =ne .� ;7 � .� - - - ��-� - � — -- --I- - - ---I ---I —_ � � _1z� � ,�! .. . .._.. . ., - _ •_• ------ - ----- -- __ .... .-� -- -- •--------°�---- • � _,r,��--- .e. :.� ..i , ......,. --� — ——�—_—._.—.._..—`—.._.- � te ,«c . . .. - i ` / ------i-- 1 y' I �e. • � — -- i� � � ..ati� �Qf_.� ( -- � / •AY o J '' , � ' ' � �—' " _ ~ -., J66 X li tb f_ //� ..� •e. a,� ¢ ,j I "_ —V� _T__�__ �-L__-�62 a°� � / ��, 1.. ��'_... ' �Q Z � >,e. � � , — -- .�f~°�` —J -- -- ----—iso 4� 3 1 �- °s'Y"" .,, �� ¢ � '�'�?, ,... -- -- --- — — � �� oi /' N6 / w��itL n � ly _— — __--'_ ."_ —_'�_— "�—_ ISO e� '}C . } % ` � °� � .; , ,.� Z : ,.Z��I _ _ t��. � � e��.. � .. � I — —_ ' ' —_ —_ "_' ___ __— —___ _'_' —' _14z . T �1�� -� �4 ..r �:,ird�T-• u __ ____ --_ _ —_ _— _.�3B swee. . � ! (� .. � ...� m C . .. IJ� . .3�_ 24 • �.. J o� -�-;' l�ER � �. 33 !-��7,n.�Y D�� — • -' �- � ISa � 'q.�rci 15� �4 - �i-."i:,��s�+��'�sl�.ar��-°�ad- . , — - � -- neo � �--• .�.._�__:.:.<,_y.. . - '_ _.__-_ .___..___.__.__ __. _"�y ' __. ..__._._ . ._._......_._.... . .,...,_ . ._._.,_3..�.� _ ,..�_.. '-�'' t��'i. .. ,,.. _.._, . ...-._ -, . _�_ ' . _ _ . ,. _ - - -'�'�Ti' � � � . , _t .:'I'YtflL�T•fIH..'�YI�IliAi'G°I"AI�iTT.�'`��::, . .. �. .-� . . . . . . . �� - - - - .. ..^ .. i ......... ' --- r..�-1_ ��-_i'.. �_�____--�_______• . �----_____. -•i••• •_T�•-- � ,Z�- i��R:-•a �ti.. �i ^�`�'; r'',,,,^-w•-�_-__-� 78�sPtfiJ+°^� ..... .�. .... ' . � a-.,e �,� � =�` �... �'�'=�� , I� , _',n ,� - � 7 ,.� °�.�...�-...:��"��°°.�"'...�w'�:�.�..��...:.�^•c, � a�.�. ..� 1 .... 1 ��—�x4,� K ._.. �. � - q �. � x'r�' ��n � ` .f A EM �m^+w✓t�w �r��Ne�weFo'niv��w.+ �+ew�H�lfi��l�F� I v lw��a__ � r� � �i � � • '��+:.r,�..X..kr-- ' '3 �� . '�' -- ------- -- __ �°,�--;.i`� T_ _._. �.r-. � � ., „:.�.^ .��-°�--- ----- -- ------� � �: -- - -- _ �.:. - - ---- - -- - - ' - „ -- _,� ., . - ,,,.,..... -— --- --" ----- ---•-----•--- --- ,_';,W�,��°- _ `'"'`^�� "° � i r _'_ -�_- _'__--_ • w�. s�a j .►IICi1C7lMY�f/N - _'._'__'__'_'_ "1 .. � '_-. /�.�M�t� n n�.�.�.�a _ _ _' 7! 7 -F.�) - �'fe.�.1.��• '__ _'______'_"_"'"yi!�� . ._ 1�71Z'1� -_ �• t_ ...�__-:.._-�.- � ��en'"�'�- '-.�.-�� --• �' ----�_-._ _.." "T^, ' '-7�..�_ Ig I �y --- - f ?> - 3 ---___. ----cr^- ° ��. : - • , � a s� �f '�.. =°11---"= �.'� -��' - i.�. � _- •��_�.-�� ..��.�.e T- �.�. - `� .. -1-' - ruM•�rfra ic1 A' -- ' `-�_--l. �.'1"'_�e-n, -ti._:� - : : ' t� ��^� � , .ti, �;;.r �'s : �e� I � � :�.� t ! . , � `�� ,k'��,� ' 3 � 5 -;'' �,=�s ` `�' � '�� _ �„�. ' , • xy ' ^ "� \ .� ' � k�i!T.;� ?I.ia i dY� � ;��.� I � �� -i ' -. L__.. ..__ _ ___._. _. __t� _ __ .__.__.ee ee._____ __ .___ __- -__e� r � -___-_ '___ - __ " l�b�7.C... ._ .... _ ._ ._ .. . . __ �ii __- _.. ... .__. • ro[o� _(w4.u.um.7��1+�[ �ancna.� I - �e� - ----- - � � � - -- --- � ; qo-- - - -- - -- +_- - ----�- --- _�- �� --"_-_- n� '�:h=� � - - i ----- -�`- ----- ---i•'; - �..�.n. ----- - �e° m�4.�".lr.� _i j -- ._� F a...sc_�.. c-�2 ' i'.. ; it�. _ _- -�_ _ $ 3= , - ---- -- ��--— — — ,.� r-- -T -- �'-` ----- �� '~ ;� ,�° I itz- - �"- � � i.i 1�l. I ' - -- - --#-- --� G_°"'�tt°w.o� _ - ` � - - � �tk• ----- - y .Y_. . 'p .f�i� . � � IM_ _ - __ - P - !1� '� - __�.-�Y�v p_ . '— ��e'_'____ _-___-'___—_ _ I6" y 9 � f: T '� � � � �� ' . , IN_-_ - __ " �� _—__ _- __'"____ __3 w.i+r -" �i__��i; � i . � 1 I " � � - -__ _' . ..�.�L: .-. _ ;. ieo- -- - --- ' -- ,.�s � �...,�..�. �� ...r..�i - ------- ..,,...,.,� .�. '�_. _� , -- -__ _---- - -- ------ -- � . . _ - . - -..ieo *:�}�t�� (- �£.p;. � 1 : He- - . C - - ---�-- - - - - -- -- ------ - ------ ------- - � iss a; � � ' " � � ��, .I..• --- - },,ti� I � • "�F- �''�. �.;,_----'�,�� ' Rs:� .+. �u.-�....,•... - - - - ---- --- - - - - - - -- -_ i,; � �� < � egu .. � .. �+'�'�_\y�. � = �`' �v�� `• �c I � _� +� ��' �� I y ° � �° ' �,�' I � -' -^�'�, �1 i I ��•.re• ' S. ec s�rt. t�� , . ' sr1tK«=. .�;. ' . � . , f,�� - __-____.'- - J� Bp :. �.ht:� . ` --- -- -- +/ -�----- _ _• _*�' I,v � �/ , � ' . _ •; `\ . � ,i_ :�t; ' "' —`�—�'��-- �'- • .r..__ �^ / -- �-- - - •--• -- - --•-- :I --�.,�s s:��_ -� . --- ----•-- -•-- - .� 17 i Y � �' ` �� } _ �. y� .�. � .2r.��ii.ti[ - - i . . u -•- - .`'r. --•- •-:-� _ _ - _ _t _ �u� - _ - �. �- ` ,-.�.. -� f i�°'z ' j - , �1_ - • ��'.'� - - - -- - � � � �'--..- _ _L��`�r ' iYt.^:. o ----------� -- --� M � i � iI' 'J �_- . �$"��./'��e�"�e. �in �°'_ ,. m'� _ ' ��- __ . . " // (� ^~ �$9iF� � �iS'�:ir� M� T� m\ Y ` ' \ 3��,, .i��4 � IrI �_ / ��/ �«�:e" - � T� 1 r 1:Ztr f � , "� ."'.�:�-S.+v�..,, �,� � �� t - .'� - }1I �F'"Kf.. I �_ t`� �g _I � I #-�o-�--- -.� \, _�°A__:i!�i �-ir•L1._ �.f. "J `�°:�....w � I,_ i ... . . r 1� M .,....s w..r. �.. .,._i]L �,�y�n =j• F' ` � -ra D�__-"__ ' -_' t _ !. �t ._-_!o� 75___- t ioerM� _��CrM"'� � 172 `� �a `°:AF - 6� �. - - --- —- - --- - -- ee_._ � _ - � �^ '• - - -- i -- _ --- - � - ---- } -- r.i..2LLST1i - - --.len � �' _._ - �� .. _ -�"'—_ . ��_ � ---- -��` . ..' --- _ — — ° -iCy::�k- -- —- -- — --'°' i,=s IeO. _ „� Y: �__— -_ ��I.�c a.�i.�.�r``� _'__ -'__ __"_.- -J�0 ` ��. '. ` ; • �. .. . ' ,1 ' , . 1Li� �ry.�� 1 2^ .' - —_ __ __- . � - - '_J f ___."" " _"_ ' �. K:' - '_,L__- _ ' _- . .. -___- ____ _ �T4 � _ ._._.. - - --....�� - - �:�..,�1��nff�'i�d� , t•�i i17�AtITTI�fi l�i�l.`fT:7?RI'TIF4f :u ;!illl �;:, u K T1T"�iir:��._-. , _ , .; . . _ . .. Y;. - ..... ..............�....._ � - , f � s � .. . ,.. � � -- ..� �� . !t�- �...... c-....,, � . �••• .,.......... � •I,� ` ! . � ...��,`.�,. ._........"1� "5�?�, i,... �fi':: ........�.....o... •• 1� '� -��I_.-R',.F��Y.'-.>"'�`�S`f ' 1 ,' - . . � �-:�.�... �.... � , �. � f .. ^l ' e.;,�s�,,. _".. ........Y--r`��"� . '� ....... ._,.,..v..._ ',� � � :° ,�,� 11`�z'�°-, �t � N F� ' � _ � .�.b,: ..y... ..__ , _.�,.�--� �, � 1+ � �1 ��- `a � '--� � '��'�'_=�i�'..: .c ec.: : sC:,:;"`'� _�jS� � 6 .,y + 'L xt'.:``��.�•'_f�;�- �I �� y? 1 _��•�` -eca.�s.. •�... Y .~��' � ` �,yJ "J1�9�C"-' . �..�o' ��_f / '� ' '=� -'?-- �';",:M� / '��`Kyr�'ly 1 -�`-'rj [ __ :,�"��" C�:'%2� � `� -�' �- ...-^-.` ~� � - 1� .�� r�_ i ! � _ �_ � �R—. :Y1':� .....—1� .. �,�;_��.� —; ..<<}�, s.. r,.•�/ ,�\�-�l` .ti. � .�l�-��__, �'��'�V' �:i' _ I' ,�.. _(�r'•,r a �� p- •Y -� �,� ,$� � �;Y g`� 1 ! �_ ° � , q6- _.�' _- L �,, +r -- �'}��.�� 1'•�'� �'«r.'• '� T'r_ .�"`,5"" ^ L--f.`�OVMe!p�. .�- _ - .�+�� R . ;Y::a"� i .� .- '� '�. �1"�. t„•��_._� -� \ �. 9- tl -- —__ _ - .�y�'!'�� R.�..uea-�"- _-_- �� .� i �Y'� -�1] 3' - ; ,�t�� '• .. �� _ .. _ __ _ _ Y��"`'�"� c s� �' .1fe'`-,� a 3 �s%s'f`�T.{ •� � � � '�__. t__.. .• �� 1�� _ �� y's -��_ l�--�- ��'.,� � , \ � �. � _ � '�\ ��;�i_ � � �yf S:�?=• ;��. \ • ' 1 J; _�.�` ( � ""'.`. ` ---- a:t?'.�� f i � \� Sr•� � �- - � „� � +�_ � .t'Y _ r- l � _ � � . � � f.. 1 _ �.,�d: I i, - - �'� • ;:�: " � :t � - --- - ..�. 4�: ��i � •R �� - � . .,. ..... ' •: r{-iktt- �.a_ . '.c , • C :.C�. � r ? �, • . �.G1-� . � r x: r. . � q M 1 00 w� ��______-K ea_____ _._.�-_'_.__l —....- __-.._. . ...._!{_ . . � � T wn�ece.__a_ .n _ _ ._ _=�. ..._— . --'_I- ...____'I . _. -- � . '.'' _'.'_'_'.-'_ 1_. . . � �I I � ew'� -$ �_ .,-_'____. _� _'_ �R . i ___ .. _'.�t: _= xi. ; dL""''I7` . • . . . . � __ _ ' �_ __. � .___. -1 � S! � � ' �, - � • � I I , .. i� •Y � I � t ' � � 19� o� _ _ . � r � F-..- ... '. � . ; rn---�- -•�-- - - -- -- _ � _, . i -.r 1 _ ---- � �, � �r I � ��q�.:v. 'r �:� , :i� -�. usa � . ' . . . .... � _- ---. �.. . .y,., �'_ : `r .. __ .ifo . , y-�" � � .=r .tfK- ' �.�_�_� � � :r .2�7 -� re.�... - r.., Y �� I!!_.'_'_'__..________ _ r _.______ : . , '�' . . __. . . . . . . .-�'r��a_.`•��r_+.'�r.ai . �#�. _ ��w-_' _.1l6 � I •K � •r,�^t6'o��" ';s-`a`"�r mI� -{-� U�2_i_____ __i__.__ �^�'• »•� �__ . �_._ _ . t _._fi . .i . _. . i _ -.'t1` . . . ..' __._.__ J� .l—� ___I!2 ;`� .t'trbl � �a� �� • ¢4 � -.� a..r r s... ee�.a.w�..s r� . �C L.fr.l��M_ i I 1 �t: � '. /i' u�.�i n� • �� f� 4 _i>.� s �?t� ��,.. _ .. -'_ .-. - _.. , ...._.r,_w...:.:.�......_.. �.".� ., ; I i �:;�e�P �ae.�i.u° � �;'�F Fil! i / '�t:..s,a �.L .�.I �;�,t11:�c� �� f��1 _: '1 rIS � "e �"� -'fi="� ' _ .f�i-r _ __ --._ Lw �':,. e ��i .....� _ _� . - � � M N � �s,, ,pa(S� . �„��., e - - -� -- - -- --'-- --..�-. _ _ _.. . � , e �, . . ._ - _ _..- -� -- t - .r _ ._ . l ' � _ i; � �- � e�-- - - -- _-_-=- -:--� ° � _ r � d.�'+m. � �»Tr.n� �°�•�i t` :�-� �-_-_---- -- ----J��- -- --_ :�:2 .1L. ! f �_,=��yr,� a' *'' N t' •.�. �� ;_ . • .-.��,,. I ��_ .ml - t�«•.rn�r.i .--- --- � Y�gif�'°1"�,.� j 2',:" �� J� : ---�, (,- - ______.._ t--= r-r�m:ss-----yx: '1 _ _ - II �� .-- - =- _ — -— — . - � I1 � -- �p .. w.rtl^.,. ...� 4� ` ,,..::tr-- —~ ; ,e� ��; -= ;T— �'�-` - 4 � }a'e_� ;,�� s --- � �:�ee ...'l . �. `R�i R. �'$° t •o .• m�x i�..n Kt �.c!3_ • �. �"',`, •�A:t•�, ��it•':.l.'�7�._.... S ��r_�' .fi`1:t1c I `� - `" � � � ,R`v ' a..�,..., ,�� - 3 � y --i - - ------ ---------FK--� -pie.w------ - -------.-� ._ c:::l ,..,,......, r� —�r �- f� '1— ��- t 1 �- � ��iu�'4.w. � �. �� .````_ .1��_-_X ��,—_ —. __'._ F � i '.,,,` _ _s — --- - wx •�"+�,°•'"`- - _. - - �— F � - � — IiA . � ' �,�#- -�----- T..�Ax•y;e� •3 � 'h �'. � � --- I `,......� .no,�o �.w�,,. . _ . , . � !t_.-- - r 1 d _I m ,� � ` ' ' .`•`•. -- �• ...-_---.._f --_..___ -K- . Ir� ' �� '°'� ^`� O m zL — --._'• . I„s .wM . �g---- �r�...ac ;-y ,,.r.n •�F - �� i � i�.-�f --�-----' ifl'�� 1'•.�.C� '„ � � I I, ^'-------- --------" � � � � I —1�T4 . .—« L W.DURNUi RO, , � rZ� i N�iuKFf 1��Mi � _� y y,p �Ttii {�y,'PC}157h �� - 'Y �t �.� ... �r�� '��irtiFT.� ._. " __ .__..___-______ _�_�''''� . W'LL"� _� : 'bRia E�r�o-_...��.,..s.,.._,.�. -_...�...�.u�.z� -- _ _ . �'��'�mraawcrirr��rt: tr�t',�:l�tr�i3�� ,� ` . •: . F�"fkiITAl�TiiT�9'iTf�;iTi+{"��':?� I �__ �,..—t . _ — -.�;�:w�_,g-.�._.___..__ �...._.........., . ._. ............... .......... _ . -�� -- ! �.. .�,�•'� :.�,:a,. �_ .__ ,:�`. _ z�_, � i , j,�, — �. ,� � ��.:.�-:�'�;��.,�." ..,....., ._�.. _..�°'.�a.�,.._ �.�.,,..,, R "�,_c _-�.^k.�s��r __7�- .'�t. -�:1.; �'°" I ! �, ; �•� .+:, � :'':'.:_-- R ��, .�:ti ".��:�_"� '"_" . `t ...�.... �yy �i.a" s..�..,,,..� ......, e...��..�...�..,......_.�«�........�.....R '� I.I w� 4•�C�`l nrt ..w��1eo ��.i%�u � .��c+.i�3,� r� ��.w.u`RC _._ .r.�''we`.c.�.a�s r.w.........1. �� `.a�.��- I I�1�� _ _ rle _ -_ . ^•' - __ - - =- :.- s ' • III I . ` R _--_. _.-_� -T--'�-- . .�� - T-T •� ��_ . _�a 1 S� , � "' .�'�w�w 7 —' _ �:4 . :i�:� ,,....s.. � - t� _ s.vr.na n��ve._ � --- -- - - - . . . , • . :. .,� , �" � -Y-- --_.,., .,.�,� _-� ------- -r�—r �-- "� .�� _ ------ - � __ c• � I ' il t #G ,+y�— __- _ - __ _ ..e�e '�'_ "_ `. .L - -_ N�.�u !1 _ r. +�. S4:"'" `u�� .. � � �� _ .°�' � � " ..,� .. _ � � � .R3.: �. . ...,. �.:A � : ��:"' ' .«.w, .., I �I ° � ' .. .k�,�.. _�} �.,.:: _ LLl � : r �L' ...:�. ,.. � � �.- -�y -- - - �+ ^ t 't �x :::`.,::;• �I 'E . -: . .... , . ;.�n- � ---- . _ - b_ � � S - - - ---. ----- - — - , .� . 0• 0.�Ix��0 - " = r I Y�v\Y f[[ �M[�_ • ___.___ _-_ _o 00____- =T__�_ ._ _ -__ T-__' . . . . ... .. _..___ . '___._ ._ sioo__ . __. .I -..__. . _._._ _ _ �. i_. ':�,.,. _....� �,l.s, I � � ; � .E. --— – �— �--— ._sU. . -� , , - - � . . . m_—... --- ''8 1- -`- �-- � • -- . _ __ ------- � --�--- -- t-.. -- __.,r��- — �i I�� •� ' � � � Ig '� o?F � � �j � ' � 1 t�__ � -- s-[y,r - *c i---� --- --� ------- - �--._._ .. .-- - --- - -------- =�- ------ : ir.' - !1t ----r�; --I��i ,. _�. 0 �i � I 3 .a ' . _".-+-- --- ..— --- j- _ . i Ii{ t . � -`-- ��-- •�.• �' �-- . - �-- - - ' - - ; - --- -- S - _ - ---------�-- - ---�L-rf 3 � .f } iro----- -�' - �"r, -- � ------- ' �..- �. ..E � e ---!70_ tt , � .R . � . . :.f� � -� _.M1�.rW11' , ] ili . 2 .�-.� 'ij' 1_' : � = i f' _ . a�a. I - . � -- � - - iu __ �.,R��--� }------ -- - --- -� ------ --- ,-=Y - _ ---..- .1 .i �- -- !� .i�. � - --- �1 :� �3 ; _ . �� s' 65I .....:�,��r::� I �I nRr c rta�MU... t ' "--F_ -±c'_'L'--T--'�-'I �Y Y� f� � •... . . . •-� L. -__ _ __ __" _ _' '_-__" —_ L`�tR_dU� " ____*. . . ��`__ . �:'- _�±�T ._.. :-_.��1__'16]� � rtq '.c�' . _ ... �G."fi....-�----!!°11k7� � ��:.,,� '-�-x, -- .�"��.___ . �I 3 ,�+,. •..�..�. �n� , , . .--__'-_ �a iv ��~�w�.rlM__ - -. 'tLCi�� .��_.a�._.__-_-_`__.._.__-- �__'R"`K 1 e www. ��.a_--_��_ _ _ _-__ ISe 1 ne__ ._._ _._ ___ � _ ..1 � µ�o f� I � �� ..., � - - ,. IN _ ._ _.__ . .__.._ '--_._..___ _._.___ .__._.___.__ _.____.__. ._-'_ . _ _fR-t! r��a.�a- - I_ .I . _ � __--_-_ 151 - - -- - -- �t�' Y - � I ^}z—c� • .,.,. er...».�,., \ !/ �..e;w � � e . � � �� 'sli;`.�:�:`'"" � \ J��R �� ' � .�;V°c." ,�i" ' , •; I !�` ��- __ I �� a N 6 ,!; J � � ' � =- , ' -_ �— -;' -�1� - i� 3{� ��-f°a -°� _ _ . .—M� — � �— --- �. , � t�' ��"t��_�-��_ + a , , ... (�� ,� _�� K'�� ,'i y.�� f 76,3:�.� �� . ;'- '�- '�.-_. rse_»�..•a) _ ; /i^t-".�� _r,;•.. ` • b%=__ � ,. � .„�- _eea..�ra_ y � I �� ..' — f---�- _s. � ' _� �• _ - y. -1—y� fR t K.+� _ ; 1 .f�� __-' , � tin�� w t • • � " � e� ;---; --+--t-- ----� �.,. ��a" :1'�^' �� - -- _ e ..�_..., � T.t��. ._- ,y` -.w.. . �• ' � ��T.. � ,v //` S i �. � ��.:..�L � ' i ;�; •- I l� l' ..1d'1"'�"�.:;� 4 � i-. � � I I `,^J ��1 \ , ^ ' / - - ----- \ "i _�;y- � �1-YP.4.\ tC`�°" � — -' -- -- '� ' _f w.a _ I �� (� t �� i�! ' 'tl 4[1�.�+s��. '� IiL--. - .�....a e� — _ �-._`__-.- -162 I % —_ -��- �-� -- --- — j� � -- - � --- ------ �se--- -- -- , =- — z• � --- —'°° � 4� ';, ,3► .t � � �� xa�E�. 16t___ f__Y � _ - _- - -_ ___ � .—___—_ IS�_ —--_ � 01 s n�t c _ -- _ •_ r_.la.� Y { . ��' i �: < < ... ��'.[�.u"e� ��' - i --�---- } f:l: «�,-. � :e�'. . ��..�. �- �� t t� .,' o . .^' . 16L .'___ - I30- _�•�i•,'� _ . __ -150 `< �"• . � - ane a rr..� {.y �w .. A � '�: i . .. �_�� r.a'-C,��' �j7 T i'3-' ,.t til i i SS__' �" '_-.- f.w` _ '11P,_-'!w� ' ______' .. ._ I�i-_ _'_ �'� -_....-. GL�41f �, �y;.- "-IsR , w� "' ts"SfxS�"tr "�[,�_ o -dg �'�`:..�� .. ia e. �e � `•L�rL;a `"-• '_ _- '�Fuit �j:.t� �a � ^ �.� r.. �� OI___ �. ID6,.pt;_._. _-_ _—__ _—.__ N2Tr;cr `' ____ ._.—_-___._-.__-_ _ -_.__ -- _._ ___-__ __1�2 ( oe�{,�. � cad r� � \:• ,� � .yYYY�.�.� ��__. ` Ib.. i --- - Wz.sc.R-.� �.r- ',,::J- �ss--- -- -- - ------- - --- --- -pe �„ -�. � � ,,,r ve 4� : -- -- -------��- ..��k.+..'.�;.��^ - -- - -- O1 �� `°___.�._. _ ��... d....---� ..�..�.....�� ._._.�,.�R,.�....=..,-w��.,.....,.._-.:u.�..�.}._..�.._ �...r.,._'\...4.. . . ...wl�..r�e. �.�t. . . . , . .._ . _ --. . ,„ ..�f.Y,. '�� _-_ : .'��"1'1'f{�fi�[TfI :ru�.iFi�i�iTt�ff`i''Tfi''{ir'•+f?R'fTal-TT+T}`�ic,��Gf��"� � '1 ., } � � � � I 1 � 1 -= yvas � � AL.3t^RTSONS � � � � - � � � � Q =� g"W==�G �v ° �.:' >- 8�u.7z�LG CROSS\ � . �o' Gv x ,- `. •� Bio�MJ �=- � Se ! �` ' � < V 8..� 8"01 ( t g3` - - ' - -i5' � 3 N� u� p ' O � ��_b: . _. _ . �- [V E V4,SEC I 5,T2S,RlW . _-, , I+K.J F�R� HYD fi'MJ NOLDtNG SPOOL �- ;G��p w��ca �ls�� Cr �'MJxFLG Gv . f 8�x6� �Li R�D 88�� Sw. C��MERCI:.L STR :cT :'v:.R�� CR�GO`I S'223 � '4_��?NO'v°' (503� 639-155G _�,:•�� .^r= '^l"=�ScC"�c�h 1 5 TIG�RD TOWN CENTcR 66 x"= 1-88 :s::-�� I=20 ' M/!� .,. ....._.......,.<.. ,�� c �..1 Y ii � � � - ---,.---------- _ !�✓ i �------� ' - -�j : --_ __ I j � �- —__ _ ! f �' ��-� ! .�� --- — ; '_--- I I i —-� � . �� i ; f � � ; � ____ _ _ , `� ___ � ; I - �'� l__ I ; I � � `�' L--` �---------�`_-- i f--------- � j ---- --- --r-`--- -- � � ' ' � ' � � � -- _ , ; , _ ---._ _�__ _._..._ ___ - -- ___---� � ! :� h.. ��I � , � -- .__.____..._.._...._ � , .... ._..._.�._�__. .� �- , O � � ---- ' /� I -------- �.s��,.,..x. �, �� - 'Z -- -------- �� -- ; - ---- � ; , _, �;�cr —— — � i ,V � � ,\ .:s � I � `� � � - � �\� \`` � � � , � , —, ;— `., ,, ', / �� `�,_ ;' � '� � � � C � (� , ,\ �'� \ � _' -_ \ � � ^ � ` � /.\ �_ ��- � i �� _ ,�? `t �1y �� , ��, / S W 116 ��) ' � . . . , . � __ ._,. (� �... / �� l � ---- -- _ - L1,, - _ _ _�� ; — _—� � , \ _ . . . — . ' ti � _ - � 4F�C ` \\ . ' S _ - . �� ,s."".. 'Y��°�...�.�. \ . . ' � . ... � _ 4�.� �F�� __ '�-..."=„�°"�4 \ '�� > . _ . -�.~� �� / '�� . ; ,. �. . . . . - ,. r , _ - � ` . - � � � . s- - , � _ � , 7 . . � f�=l�`l r-- � � � ,� ��., ;�, �-----_- - � .., � � � � 1. f;: I , �i - __---. � - �--- ___ .__.----- ---------., ,� _ `_` i _`_ I i . � � �--_ i � l !'.7� �� -� �r / --- — J I� i ' I — -- ( lI I � � I I �, � +� I � - I \ —� ------ � ' I I _. --�--... ��. i I � -- _ i � --_---_� � l_ __.__ _�____ �____.___ , --------_._.____�.`r------_ + I I � - _ _, � �-._ --- --� ------------------------; \ � '� � I �` ` o j -- ---�----___-�_�.�..___- � _ - - - - - - -- __-----� �,, %�� - ----- - ---- ------- '� ��, _ �� --- -------I _ ��;qJ � � J:r,. _� i � , � �\ (_� ,� � ___ _- _ �, ( � `1 � , �, \�\�� _ 1` � � �--_ \ Q- �t _ ,_ ,�s _ �,j,y ,� _�- , SW 1�16 ` /��.. � - _\ '� � , `r1��I/i \�� -�___ `� �� s l T��' � -- - ------ , --- _ a - _ _ _ r _ ��oA � ,�` �� .�,�� - � �-��.��: - _ _; , � _ , � --- --- .�_� .. � . � . _ . r e _ • . . � . � . � . � ., . . � . �� . . � . .. � . ' ... . � _ � .-. '�': �- ...�. . . ' . . . . . � . . . . � . . �, � ' _ -. ._. , .:. ..' - .�, . . . .. �'_�_ ' , � i_ ..s.: \� . . ...� -. � - � � � � � . � � � ��' �, --- -- ------ , _ � .� �`� �j'�� -��)�,.t - n� . - �� i' '.. �., ,-- ---�--- -- � �f_1_"1_I F i�F-I 1 � l � . � , � 7 �` � a � i'V:, ..k,�.�,2,.„� ' :.;,��— �r� a'our +s.c �1� _� ,..c- f I—'�— r ,»:,� J i r, l, � / .:�ro , '�c= u-n..r,�c ?t.n� �..5';°.` � � •/ - �.-S�' . -oc �E_v�c.� caN�u��,-�cu ys.;�► I / � I swsv+orc: / I .. " IN�pt�ALS MO uoxlourlM}P!o CCII/ON�VYIISCO:C�IIU�GL I � I r �GC�cY iusA� .�.:N+utitG u�0.ILP::l1atlR3. r1C':IIY Uf/. b '.��v Or TK�w� Y r45. � I �RIO�SO�/LZMIIMG COMSTAL'C.iOw. _�/}I •I �. NM{IIACSOq A AAAMiCL�O�/�D�AY ALL WR NLqISKO�T VY. ]. :AIl.Ta�'�fDIIA�IDL]O!L l�'G IM Cpf�OMUwR yTt STn 610)� s0�l!. / . t!'IuINt�1R 5[vO1 L�SOmR IIIO�SIVt�Ii JsA \ L�T• pf T�G��D Y�O+ COr��CT�O« � J � O�R115tfUC:IOM. � / 3. SfC •:50 SE�CM w0�C5 ]6 6 SM' r0. !. �/ I I ,� I �� i ��.::ei.�w`.:�.`n�' !� :-'� `";. . � t.: - � .,., � —. �; ��.mrun�a / I� I t� . .6�! �p.a:i1 ��t� � . • lo I [/ \ IW.vI�'0 ` 3�-' ✓Y.:- :1 � �:j � �C ' — � j � I _ �ve'� !I/: � � + ? _�i I� �= 1 _ _� � "YT1� II I �_,-� �'�=;;;=:::�;::-�, E ��h-��, �( � � � r t — _.,f_„�, , �� , -,.. ..�, , ,v - `;,",,,� '"' � i � r� ?IPE ScAI.'�7ETal� e �. � �� I i cz " .c; �'=>. � w��r..c . . .ia"�.:�tl.0 � I _�� T. ��`astr i .cy�H �..v.y�-a�r��W.: � 1 � pY °�o/ � /:""v .�o .'m`n .o....v.m..vT\i re h �i.�,.f'i ,'v"s-ov•','s+� � 1�.�.��- �'` � w'�`,�;�'r-' I t'r � ; ;� �� 6. � ;�� .�_ �� /��T ..~-.o.e.�a�.. ,� c,�: ,.�� ..�A�'�^ ��1'b,��-��,'/� f�I'• j � ,/�/; �; � �, .��_�." \�"�'� �s ��a"� ,'---r-- •s��r.. .a*or. ..a.�. � � Seti, �. EiN�, � � 1 � ,��..� ,�......��- � t � I ; � � C:SfNG �='ICN ALT�nN!"� i � i/ � ✓ � �� G^SS:G S.-.�,'TC:; � �i � � ,� � ' � f BOR_ D�TAIL � ' ',-' �- .,�' ��"� I�' � (� � I E i�i `� j � I � � ' � ! �/ � _ :»._": ,,v ..�..a. ..°� :, .s> � ,�,cFx u,�-.,,u �;.,.: — '< <.�,.� ' � G�.�=x..n �= 05.,.. :.�n- � e'.�ce..� � i ,._�J1RC�.A£�1�;�. irv. B�JV'•K0=.1 %,/ �• � •I' / / /� ,' % l;�' � � �� , ; I � �;� ; , � � � � I i PAO r �� r I I / ��R? � I � /!r �', 3 .A. j ,� '� , ,��IY , :j . � �� '�j! l� I l � J V.'r _ P i : . :�; � .� r� s.�:� ��^^J/ ; %� � �ei , u. 4� .n...T,- _f � ` Jr' zo cs' �,� iu.o �, ��l�, i' i . ,o� " � �-..['[• ,a.. ■'..�e>.�o�� !�7A " �� ",=a:��' ca/,�oaW� �� . :r .•o�,.�r.a,i I �"'�I.. ° y ��'�—J .�^ � � � \ � � / ' � � . I ' �" '\,�.c '^"�6�AE�.=.� � �-_ s.,.�� /, . ' - .�, - oi- — ��c' i �� il y5'• ']t�0� a�� J -- ��—�A �I I _ �t.e^cc M.n �E ,i\ --'. . % % .-r,. � �._ ----- ------------ ------------------1--------- —� � .1�erv-S.li:'SC. i i f ��'� . ,y: .�. ..E. /� .�/i■ .�SS. r��P ♦� i�7C I 1� I /� r� .' 1 . , . . I �� ,_ raoV_ I � �• �� _.._. �.._ .�_. _ ._.._ ._�__.._ ° � �;�+14.. .. r '�``"„�_ � 3 ___ _ ;Pr �z. _ ( �. '� ��/ � t.R i � 20 � �� V i -��9 �b I l � l � (� A� ; �, ; I . I � � ��n� �� _ � i�4/ ' -� � � l�r� � � � �� - � �� 1�; � _ � - - � : ; - � - � � i j,� ��,1 � - �- - i�; '','3 � �! 1�I%I.I.Y I � `O�' � I ��,{ l � �I I;, I ' ��'` \ I r:] � _. I I ''' / � �+. l � � \ � _ '� i',,I I � 1 I 22 o_ 1 � � � � �� ` -► �' ► ► -� - � ~ � , - � �� ,��1 - I � i �, LE ST _ � �� . /\\ \ � z, / � I � �� - � c, / / � � � � � ( �� : \ / a �: ------ �.� � � � I I ,. -. ��, I y, � a� _ �� , , _ � _ -- H 1 � . W I � a' a� I f U 3 � ` I ----=------- � I I � }I � �� 1 � IJ �i- C� � .,. a� / � � � 1 " //� / � - �' -�,� / 1 7, . /I' Q.•, /. 31 ( �/j��/�' �� _� �/I ,w /� ./, ;' � ------ I 1 _ ' �,�- ,� - � /I�% ��, �:. �z; , � i _ _ � � � I j N�. � `4 ..-' I I 1 I f � � ; � �M �� `'� j - —I _ � \ � bl -- 3� `� � , 1 _I I_I�_I �z N _ ^ �W�It IGI RI CHARD R �"r - 3 � � � LI I � 111 l�� '� i i ! �- I �� ._ 1SCHER_RD __ .. _ - --- I �.w�an..lct � �_�.� I I. I I I.�. � .� !, FtD _ f �SW (:RAI�NI ST I � I � � ut I I � �- I ' ll� � ° � �� _ �,.��.�.��. I I-. - � 1 � ,� � ,. � � ,� . ..� _ -- _ o � / /; i� •� � 4� ' � � *0 / , ♦ aa r u.0 n �irt co�n•cro� � 0 0 � Q � i 0.1�if�.pL . • / 1 �, .0 �. » cu�uuu� v�a�•. e��7 i�r . _ � 0 � � ' •..= S. c�+w�` ,o • \O irv..��¢.o ■.�fs r rv. i��.• S �� / / S r /) C.O. II,i 71 0 w 0 . / ��O .�, �� • s ��v. �isr.eo r .�ri.o // _� / G�C�SE C.O •.1�10 , f�s � / iMr � K1 H /, . % ♦ 6 � 4�00 L. .wrM{ � � �/ / L ` � / �.�/2'rC1C• � ILlfO fJ. � � t �11{V• � y AI.fO i/. ____ �/ _ ...-..R f '/ » r co.aurrs �I� i•Yreu e I - / i.T rv c. � � � �I � � ry � � • J. y tr �N / cor..a � � �•1..rCLf C �•�'I�� T�LwCM � COw0u�r3 � � � y / Li • . z rv � t �C*te ij• COO�o�w�r[ri��C�. 1 � ` I � / � S_p f _ M v� "' K�rf IOw OOr[S�K . � S.Z �♦ w�T[� • fMC SLRwCC p ��S �'�� + �' No PARKING �o..cc*�as T.. I NO PIRKNG � ` NN/ �y''';„' I �! � 1 �'�f� i Si�. �0 0 Z �—-- t /� � "z.oet i e.so•x�o.iTe. � i � � �r I ° 4r-s ./�sT• iw fa� � •.•r.�. s t � � .i�u. � �`/ e : I/�! �-----� L---- s.s+[t ire. � a-rtt ut�. � ' • rtt .i �_ / } ``� rw_�SS'r.=c'�r --- ---- � ------ I •�w--� � v� �-�iz T- - • — 1'------- �� r[�ER ��:�, / � � , -- ,, --- — ,_o, � -- —. ; �n _ , �5 -� o"� ' '� . � _t,v a �r � �� a / �i� s�. ��w oz�n,cc i-�"r.� carw�r ��a: .°^ti / i � ' �I '/ i.�'►v�.C.1�, _ � Y�v �rR[■ �r r..0. � �•)-t(t[. COrOw� 4 , � � � =•y'i�[.C. lu C0�0�1R[rCw� . t��=; I • Y ' �CSri w�E ___..r.v C. _ '_ i./�ds Gr �i �� 4 �'�-A, • �'J'� �"�T[ SlEil . h�� -- 2 SL�r �� I _ �'b4iTS i'Z'l vl[.C . � � tLIC. vW Lf.�21".�7�.70�1 r• � rti sr� � �'�� C � r0�U1 rMi�r'il��.ls '.r!'iTV� f�� .�� pr [. I� rr v�u�r.� . . '� t�e X� � / r i «� i.p_. �e I /� / �/iy S N: C�AOIMITL w/�NCM. R�MS � I / � �4 t 16J.I J Ea�C7 �OC�TIOti, �ur/E�4 � "�ti T� 1 33 !.2��rt � / _( �6J.�� S�IE Oi COwOYiI 111Mr5� ��t�wilORrCRS =.."E�Ea � �LYG. �� .SL V •Y. // 7 E rC. �rn..:�U "r 0.+_I.r.L.. .. .. .. _�. ..�.. � �0 3.S OOVeIlIT�w�TRE OT��R L..[ � �/L ST• 9►20 �'TCL � fs~* �GDC�Out5i0[ lLDfi '�/T.�. � s'r�r + � rn�t�� •L�n�f . � � SEA�CE LOCS I ' � !/ d � i / . � , r I Il I ��,�.��,�.� � / � � ..Q..m. � , ,_,_,��. �o.o��. :. �.:..s .�. �. �.x �. 1-2 TV CONOUi1 ��IQ O�Qyp�� MAJOR 'I' �i ��■ eo■..oM TR(MCMI �. � I / Y � � ' v �s t��v��ai / � '. w.WS ss. i. (aI aw�et. �II ' Y. 3- I �. �a��n��o�ws caa racr� � �/ � - �II ' I 6 ts e I . � /M s��/�� 2 �yY'�: ,/ . I��Q� � , . f 1 I �rb , ',\ .� .. COO�ro�w�iE wi aac�. n�ans j � e = rp� S�w�r�q+ SEwErt SEawiCE 1. COMwECTipn 11r��Cal1 . ¢ C I T Q Q +� •' r� b 0 P� 2 �/ r r - � :;/ � �� ! a � I ,�. � _ /, // � rM 5f� 6f61 � / �� ./� STa 6f6i- .. - r�r,Q � �r[T[� � .�N�6' �\ w.�61.0 / � � / a�6�SSE��i7-A1 MY. I-�M:1�1 9O = I :.: �. �.o� �do.oa �«v e o T:�ec� / tr � � I .ti si. af�� . ..••'�� O 55� Eirr i!B�!°eEnO / �p�TH A�1� Y:Y � J wr.�w.il2.i0 �.r.�__` • — . / �wv.�-OUT.ilL.W �. •.� —�-S.S. S•i.�� +. � ��ESrr rrp - ' ` ��• �n sr. os oo � � : '', ' a'o�w - � SCAIE�!'�40'-O• •C47�12 •7EE�R•. ' - � ""' - ':'•'•_-_-w/L STa hf07 + /' I Mv_E "_ ' ' --"._�_ _�_�.�=r _ _ _ ' �. `_� �_�_�_�'^��"_ _ Q'M1r-S.uY45.��fi1 ��'�.�_�.�_...�.�_ �_�_�_��_�. L i . � S-y°BErO./ .4 T�. - . ♦ ' TELE. S f v. i N .ire. � » .ss.-�� m co..w« rnErC�.BRt� ' e.�rEE .ir e �-� *e�a co,.owr ra � ' w/CRU5+�f0 RQ�• i ♦55��-�1'qT 1-j� Tv CONOU�f � . , .�+--+- . .� ' � r� r` ' ' . . .. _.. . .. _ . • , ��i �� i�i i�i i�i�i�i i�i � � i�i��i i�i i�i iji i�i i�i i�i i�i i�i i�i i i i�i i�i i�i i i i�i i i i�i :ii i�i i�r i�i i�i i i t i�i�i i � iii i�i ��i � i�i i�i i�i�i�i i�� i�i i�i�� i �D1F: IFTM�=��:�,�o .Lri ��l � � ��l � 1 �31 � 1 ��I � li��E �� _.��.� .�. .�. � i.�.u.� E��-.� � i� i � ll� i � l� - � oiurc�c cs�ss c:°�u n��w n�ts woncE. tt ts at � M QYLi7r Oc M�tCtMK t . s t [ t i � y� t t � c s � T. ' """�. . '��iil�iaunihmu�nGit�lmid�u6m i�Giu�iuduiuuuluu6m�i � . .�� ,�` ��u ai iudm�md�m�mliu�hui6; u��u�u�u4��u�u�6�e a�iuw!. r • � _-_ .�- - � JUNE , ; 1 _. , 1990 - . . , ' . . � ' .. ._ „_ _... ....-.,_- 1 .. 'wr►"'""'_._.'_._`-._-�r' 'e . .. . . ... .. .. . . �-��- .T�". ° . • � �� —�� Y _ � � � _ �' ' - . __ • � � a,. i - � .i3 • r,,,,, . �� __ - \ . / �_ �. � \ r � N�YM;C� ' \ I � ' RE•�if.�0 q . � +�` F100R G1.iV I?O.Od • ri+f61•a ,-.-e- - �14 �� - FIN. Gykit-� : � �� ' i y.4•�•;� ' "� . � �•� tH- . � \ , � �11rfr.l9 � E 1�i9T d'�5�7.4�= � � ;� �L--- , . • �iw«r� s��o�i� ' `\ �5 - • � \ ` S , , , - � � � . �. _ , � a11r .�. ' � � a \ I I\ .� �9� I ? � � � �� . i � • ; � ��8 • . , . � N `\ . i � r'�: ... `\ � � y \ ; } ,'.. � \ i µ � �� \ i , � � , T � �, Sn18 ; q� ' � '`� � �6B i �\ . � fb1.Q� � 67 ' � i . \ \ I \ � � � �' � � �dl�� i G�'� �,�. � .. - � � :. i ; �5� � � ' s+l g►fo F G. �� .ut(�`�i�6 ]'E }43•�� _ � \ •� �� ; 1'ST pM'Sf � �T� � `. , z., . ti s.i3` ; �� t tNCY) EL`cVA10P�S A7 - � � x � -- i �noE � " � , � 1 a a' � � \ '` "" .� � � j; , , ` • ; � � � � � � , �SP}�ALT PAVING �` ' , /`Q , _ �`\ / , \ �: r� y � 1I / H �� ; , .\ � '� ' ��.,.Fa � .� � ��,F B''i� �rY� , �.�.1'� i �` ' � G ' FD 5: 2%MIN /�• �� • ■ � �`� ` �\ / \ � / • • /� � v �v srao E 159.T ', �6 \ � • \ I / \ : j, I PrC P+V£ � \ 6 / . �. � wv � � I � '� l ,� \ \ �. \ \I �� fD S + �/ � ��. G AINS \ � �.�s •.a 0� ;(i 7' M F� CATCN 8A '^� � ,� � � _ �1G�,3 t`�7 CE •w�.Qo �TYP!CAL) � i , � �E•��-� 1 O /' , tVEW b � AD�`�� ,� \ C , 4 .� ' �. � � ��x� ¢ ��Sl. � I ��-----'�- � c ` ��-MATCN ExIST �Y �, a r -� `� EP � 'L' ;E � 15�50 y � �j�'.. }Sf�/�1 PA"v1NC � \ � � _5�/ � u t SS r � �18�— � fENC£ 1�� 1VN �� Z� . iGt.00 ` � �50 � Ci'GATCN N►''M+ . ,�9.a: __-�--�_- FO-it� I � � � 16204 S� ?ACIGiC !�ISHWAV _ -ry . `'-A pCTp�ft 26 ` � 7 HA(±DWARE ' � - EkNS 1 qF t ' I ' ` � ' . , � � �.w �J� y r r NT IS GSSS ; ' � 1 *+ ' �� ` '� y� 9. LEG BLE SHI►N 7'FIIS N�T7►TION � 1 T I '� ; �� .• IT 1S DOE TO UALZTY OF' • ' �( 1i �'j1'�1'. ' . . �r..��'?• ' "'. �Et�RNT. S� ' ' o i i � � �� ..T.I.�. � t I I I I 1 ,:Y�I � . . _. ' .' " .'r:y�.� , •- . , ___ „��,��u in�uu iu�Itll 1111 IIII Illl 11111� t _ _ - -..-' - CITY OF TIGA�tD OREGON August 8, 2003 VLMK Engineers, Inc. Attn: Jennifer Kimura 3933 SW Kelly Portland, OR 97224 RE: Notice of Complete A�plication Submittal — MLP2003-00014 Dear Ms. Kimura: Staff has received the information necessary to begin the review of your proposal. The estimated time for rendering a decision from the date an application is deemed complete is 5-6 weeks. If you have any questions regarding your application, please don't hesitate to contact me at (503) 639-4171 ext. 2428. Sincerely, Morgan Tracy Associate Planner i:\curpin\morganlworkspace\mlp\mIp2003-00014(sn properties)\mlp 2003-00014 letter of completeness.doc c: MLP 2003-00014 Land Use file :� 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772 � ;� � _ :� C O N S U L T I N G ' S03.222.4453 503.248.9263 E N G 1 N E E R 5 vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 ww►w.vlmk.com July 22, 2003 ��'��VE Morgan Tracey, Associate Planner �� D City of Tigard " A ?003 13125 SW Hall Blvd '�` y,,0 Tigard, OR 97223 �°`h�;�� ,;;-}�, Re� SM Property Partition, Case File No. MLP 2003-00014 . Response to completeness review Dear Morgan: In response to your letter of incompleteness dated July 16, 2003, attached please find �0 copies c�f a �evised iand �se permit application. � . Plans in the set h�ve b�en revised ta� �rovide 15 percenf landscaping. The prnp�rt� lines have been adjusted such that the square footag� of the prc�osed !o� is approximately the same area but allows for a greater portion of landscape. Also, per your request, please find finro sets of pre-addressed stamped envelopes and 10 complete sets of revised materials. Should you need any additional information for this project, please do not hesitate to give me a call. re , �� Jo rooks, rincipal VLMK Consulting Engineers Attachments: Letter of incompleteness dated July16, 2003 10 copies, land use permit application cc: Mary Ann Collin, Harsch Investments JTB:src ' Structural Engineering • Civil Engineering • Industrial Engineering • Planning • Studies / Evaluations • Entitlement K:1CorrespondencelOLetters\SM Property 7-22-03.dot.doc RECEIV � E> J�L 1 ;" �G�i:; CITY OF TIGARD July 16, 2003 ��NSUIilItiGEr.�ihtfH, OREGON VLMK Engineers, Inc. Attn: Jennifer Kimura 3933 SW Kelly Portland, OR 97224 RE: Letter of Incompleteness, SN Properties Partition, Casefile No. MLP 2003-00014 Dear Ms. Kimura: Staff has had an opportunity to review your application submittal. While many of the necessary materials were included in your application, there remain several items that require either clarification or are missing. These are listed below: 1. 2 sets of pre-addressed, stamped envelopes. Mailing labels are obtained through the Development Service Technicians by submitting a label request form. Generally, the labels are ready within 1-2 days. 2. 10 Complete Sets of Revised Materials. Please submit 10 full sets of your application materials, including the material already submitted. Make sure that all over-sized plans are folded to 8 '/2 by 11" size, and that the material has been collated into sets. 3. Landscape Compliance. I note that the landscape area shown is approximately 375 square feet shy of the 15% requirement. �You can either propose to enlarge the existing landscape area, or modify the location of the partition line to pick up some additional landscaping from the parent parceL Should you have any questions with regard to these items, please feel free to contact me at 503-639-4171, extension 2428. Sin erely, �,�� _ ',C�-.�.r Morgan Tracy Associate Planner C: MLP2003-00014 Land Use File 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 � tl, CITY OF TIGARD July 16, 2003 OREGON VLMK Engineers, Inc. Attn: Jennifer Kimura 3933 SW Kelly Portland, OR 97224 RE: Letter of Incompleteness, SN Properties Partition, Casefile No. MLP 2003-00014 Dear Ms. Kimura: Staff has had an opportunity to review your application submittal. While many of the necessary materials were included in your application, there remain several items that require either clarification or are missing. These are listed below: 1. 2 sets of pre-addressed, stamped envelopes. Mailing labels are obtained through the Development Service Technicians by submitting a label request form. Generally, the labels are ready within 1-2 days. 2. 10 Complete Sets of Revised Materials. Please submit 10 full sets of your application materials, including the material already submitted. Make sure that all over-sized plans are folded to 8 '/2 by 11" size, and that the material has been collated into sets. 3. Landscape Compliance. I note that the landscape area shown is approximately 375 square feet shy of the 15% requirement. You can either propose to enlarge the existing landscape area, or modify the location of the partition line to pick up some additional landscaping from the parent parcel. Should you have any questions with regard to these items, please feel free to contact me at 503-639-4171, extension 2428. Sincerely, r,�� . �� - ," � � � �.,,�,. Morgan Tracy Associate Planner C: MLP2003-00014 Land Use File 13125 SW Nall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 � CI' F TIGARD REQUEST FOR C� IENTS NOTIFICATION �__ . fOR LAND USE & COMMUNITY DEVELO� .�cNT APPLICATIONS FILE NOS.: I R�n FILE NAME: /" CITIZEN INVOLYEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Centrel ❑East South ❑West OProposal Descrip.in Library CIT Book CITY OfFICES _LONG RANGE PLANNING/Barbara Shields,Planning Mgr. JCOMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. POLICE DEPTJJim Wolf,Crime Prevention Officer BUILDING DIVISIONlGary Lampella,Building OTficial �[ENGINEERING DEPTJKim McMillan,Dvlpmnl.Review Engineer_WATER DEPTJDennis Kcellermeier,Public Wortcs Mgr. CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKS/John Roy,Property Manager _PUBLIC WORK5/Matt Stine,Urban Forester ✓PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAVS PRIOR TO THE PUBLIC NEARINGI SPECIAL DISTRICTS TUAL.HILLS PARK&REC.DIST.+►_ TUALATIN VALLEY FIRE 8 RESCUE�R _ TUALATIN VALLEY WATER DISTRICT+� _ CLEANWATER SERVICES+► Planning Manager Fire Marshall Administrative Office Lee WalkedSWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE IURISDICTIONS CITY OF BEAVERTON� CITY OF TUALATIN�IF OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge _ Irish Bunnell,oe,-�ov�s�c 18880 SW Martinaui Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE 8�PLANNING � _OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Bob Knight,Dala Resource CeMer(ZCA) US ARMY CORPS.OF ENG. Durfiam,OR 97281-3483 Paulette Allen,cro�nn Mv,aoe�.coom+�o� OR.DEPT.OF LAND CONSERV.B DVLP Kathryn Harris � � Mel Huie,c�Paoncooro:�aw�tca�rzo�> Larry French�como.w�n�,omern5oror� Routing CENWP-OP-G VCITY OF KING CITY� _ Jennifer Budhabhatti,RepbnalPlanr�er(Wetlantls) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,GrowMManapemeiMServicea Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY� _ OR.DEPT.OF ENERGY lPOwer�nes�n nreal _OR.DEPT OF AVIATION�MOnopoN To.�n) Dept.of Land Use 8 Transp. Bonneville Power Administration Tom Highland,r��,� 155 N.First Avenue _CITY OF LAKE OSWEGO� Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124 PO Box 369 Portfand,OR 9720&3621 Brent Curtis tcan> Lake Oswego,OR 97034 _Gregg Leion�can� OR.DEPT.OF ENVIRON.QUALITY(DEQ) D'DOT,REGION 1 � _Anne LaMountain perwRe� CITY OF PORTLAND crrourr r��w��es�a ra�w�e��i�u> ��Marah Danielson,Devebprnen�Review CAONinator Phil Healy c�crwRe� Planning Bureau Director Regional Administrator Carl Toland, Right-of-Way Section Naww�> Steve Conwaytc�nvv�.� 1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Sr.Cartographer coPazu>w,. Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 Jim Nims czcn�MS,s _Doria Mateja acn�Ms,a WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"811"(MOnopoN Twwn) ODOT,REGION 1 -DISTRICT 2A� Dave Austin Jane Estes,Pemwso��c PO Box 6375 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97007-0375 PoRland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL A6ENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R!R(eurlington NonhemlSanta Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 �� 50UTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS ATBT CABLE �'TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer cn��o�o�y� Pat McGann (II Project is WkNn'/.Mfle pf a?ranstt Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY VERIZON QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Patty Stambaugh,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 CaMCAST CABLE CORP. AT&T CABLE��,,.Ed«..R+a�++� Marsha Butler,Administrative Offices Jan Youngquist,Demographics Jamie Stencil Diana Carpenter 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 3500 SW Bond SVeet Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232 +It INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMEMT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANYIALL CITy PROJECTS(Project Planner Is Responsible For Indicating Parties To Notiir). n:�pany�mastersutequest Fa Commenis Nonscauon��st.doc (UPDATED: 1&Jun-03) (Also update:"i:kurpinlsetupUabels�annexation_utiliGes and tranchises.dx'when updatiny this document) �� 12/11/03 �� onditions Associated With 3:03:49PM T I D C M A R K Case #: MI.P2003-OOOI 4 I COMPUTER SYSTEMS. INC Condition Status Updated Code Title Hold Status Changed By Tag Date By 1 JOII�T ACCF,SS EASEMENT '.�Ionc Met 12!11!03 MET 12/11/0� MET 1. Provide a copy of the joint access easement over Parcel 1 to serve Parcel 2,and include a graphic exhibit depicting the location of this easement. 1 PAY ADDRESSING FEE None Met 12/11/03 ST 12/11/03 PLN 2. Prior to final plat approval,the applicant shall pay an addressing fee in the amount of$30.00. (STAFF CONTACT: Shirley Treat, Engineering). � 1 SIGHT DISTANCE CERTIFICATION None Met 12/11/03 MET 12/11/03 MET 3. Prior to approval of the final plat the applicant's engineer shall provide a sight distance certification for the two parcels. 1 F-PLAT STATEMENT RE: PACIFIC HWY. None NOT MET KSM 12/5/03 PLL 4. The applicant shall cause a statement to be placed on the face of that states"Direct vehicular access to SW Pacific Highway shall not be permitted from Parcel2." 1 GPS COORDINATES None NOT MET KSM 12/5/03 PLL 5. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system(GPS)geodetic control network(GC 22). These monuments shall be on the same line and shall be of the same precision as reqizired for the subdivision plat boundary. Along with the coordinates,the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: -GPS tie networked to the City's GPS survey. -By random traverse using conventional surveying methods. 1 F-PLAT SUBMISSION REQUIREMENTS None NOT MET KSM 12/5/03 PLL 6. Final Plat Application Submission Requirements: A. Submit for City review four(4)paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon,and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee(Contact Planning/Engineering Permit Technicians, at(503)639-4171,ext. 426). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes(ORS 92.05),Washington County,and by the City of Tigard. D. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Deparhnent indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. 1 PHOTOMYLAR OF RECORDED FINAL PLA None NOT MET KSM 12/5/03 PLL 7. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature(for partitions),or City Engineer and Community Development Director signatures(for subdivisions). � Pa�e 1 of 1 CaseConditions..rpt C O N 5 U L T I N G � � 503.222.4453 E N G I N E E R S 503.248.9263 vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 www.vlmk.com December 10, 2003 City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 �� Attention: Morgan Tracey, Associate Planner 3 Re: Tigard Town Square Partition `D Case File (MLP) 2003-00014 ' ��, �ear Mr. Tracey: In accordance with the conditions of approval for the above-referenced Type 2 decision, attached please find the following: Condition No. 1 - Easements: A copy of the development's Declaration of Restrictions and Grant of Easements is attached. This condition also indicates that a plan showing the location of the easements is required. Please note, the easement is described to cover the entire parcel except where buildings are located. Condition No. 2 -Addressing Fee: The applicant will coordinate with the Engineering Department to pay the addressing fee. Condition No. 3 - Sight Distance Certification: An engineering sight distance certification and associated exhibits are attached. Condition No. 4 -Access Restriction: The surveyor's final plat map includes a statement which indicates that "direct vehicular access to SW Pacific Highway shall not be permitted from Parcel 2". Condition No. 5 - State Playing Coordinates: The final plat map from the surveyor includes the requested coordinates and GPS information. Condition No. 6 - Final Plat Application Submissron Requirements: a) Four paper copies of the final plat prepared by the land surveyor is attached. b) A check in the amount of the current final plat review is attached. c) Drawing standards: It is our understanding that the plat is drawn to the minimum standards set forth as indicated. ' Structural Engineering • Civil Engineering • Industrial Engineering • Planning • Studies / Evaluations • Entitlement K:1Correspondence\OLetterslTigard Town Sq.Cond.Aprvl. 12-10-03.doc � Tigard Town Square Partition " Case File (MLP) 2003-00014 December 10, 2003 Page 2 of 2 Condition No. 7-We understand that mylar copies of the final plat are not required at this time but only after the plat has been reviewed and approved by the City and County. d Should you need any additional information to complete your review of the project, please do not hesitate to give me call. Sincerely, John T. Brooks, Principal VLMK Consulting Engineers JTB:jjs r a � ; K:1CorrespondencelOLetters\Tigard Town Sq.Cond.Aprvl. 12-10-03.Doc .. �� 5-N Pacific Hwy � Durham , Tigard, OR �L�Fi�T'�o�g 6/Q3/87 DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS 0 R I G 1 Nq L Table of Contents Article Subject Paga ARTICLE I: PRELIMINARY �•� Oefinitions �•Z Psrtiea � 1•3 Purpose 2 ARTIC�E II: BUILDING AND CQMMON AREA DEVELOPMENT 3 Z�� Building Location 2•2 Common A rea 3 2.3 3 TYpe and Dasign of Building 2•4 Construction Requirements 4 Z•S Casualty and Condemnation 5 2•6 Indemnification � ARTICLE III: EASEMENTS � 3•� Ingress, Egress and Parking 3•Z Utility Lines and Facilities 7 3.3 Signs 8 3.4 Building Fncroachments 9 ARTIC�E IV: OPERATION OF COMMON AREA 9 4•1 Parking 4•2 Employee Parking �� 4.3 10 Signs 4.4 �a Protection of Common Areas 4,5 >> Sales ARTICLE V: RESTRICTIONS ON USE �� S•� Food Restrictions 5.2 12 Shopping Center Restrictions �Z 5.3 Location Restrictions 5.4 13 Driveup and Drive Through Facilities 5.5 13 Mall Restrictions• ARTIC�E VI: GENERAL PROVISIONS 13 6•� Covenants Run With the Land 6.2 13 Successors and Assigns 6.3 13 Duration 6.4 �4 Injunctive Relief 6.5 14 Modification and Termination 6.6 14 Requests for Approval 14 6•7 Method of Approval 14 6�8 Not a Public Dedication 15 6•9 Breach Shall Not Permit Termination 15 6.10 Default 15 6 >> Notices 6 �'- Waiver 16 16 6.13 A ttorneys' Fees 6. 14 16 Sale 6 Sale-leaseback Purchaser 6.15 17 Severability 6.16 17 Not a Partnership 6.17 17 Third Party Beneficiary Rights 6.18 17 Captions and Headings 6.19 17 Entire Agreement 6.20 17 Construction 6.21 18 Joint and Several Obligations 6.21 18 Recordation ARTICLE VII: PARTY WALL t8 7.1 Wsll 7.2 18 Maintenance 7.3 18 Damage by Casualty 18 �•4 Payment of Cost 19 , DECI.ARATION OF RESTRICT(ONS AND GRANT OF EASEM�NTS THIS DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS ("Declaration") is made as of the � "-!-. day of June, 1987, by and between Westwood C�rporation, an Oregon corporation ("First Party") and Albertson's, ��•, a Delaware corporation ("Albertson's"). I. PRELIMINARY 1.1 Dafinitions: �a) "Albertson's"; Albertson's, Inc., a Delaware corporation, together with any corporation succeeding thereto by consolidation, merger or acquisition of its assets su6stantially as an entirety, and any wholiy owned subsidiary thereof, and whose address is 250 Parkcenter Boulevard, P.O. Box 20, Boise, Idaho 83726. (b) "Building Area": All those areas on e�ch Parcel shown as Building Area on Exhibit "A" attached hereto and incorporated herein by this reference, together with those portions of the Expansion Area which are from time to time covered by a building or other commercial structure. �c) "Common Area": All those areas on each Parcel which are not Building Area together with those portions of the Building Area on each Parcel which are not from time to time actually covered by a building or other commer- cial structure or which cannot under the terms of this Declaration be used for buildings. Canopies which extend over the Common Area, together with any columns or posts supporting same, shall be deemed to be a part of the building to which they are attached and not a part of the Common Area. (d) "Common Area Maintenance Agreement": That certain Common Area Maintenance Agreement between the parties hereto which encumbers the Shopping Center and is recorded concurrently herewith. (e) "Consenting Owners": The Owners of Parcels l, 2, 3, 4 and 10; provided, however, that in the event any such Owner sells its Parcel and becomes the Prime Lessee thereon, said Prime Lessee is hereby appointed the entity to cast the vote or give the consent for said Parcel on behalf of the Owner thereof so long as it is the Prime Lessee of said Parcel. (f) "Development Agreement": That certain Development Agreement between the parties hereto which encumbers the Shopping Center and is �ecorded concurrently herewith. . �9) �'Expansion Area": AIl those areas on Parcel 2 located within the "Expansion Limit Line" shown on Exhibit "A" attached hereto. (h) "First Party": Westwood Corporation, an Oregon corporation. (i) "floor area": The total number of square feet of floor space in a building ,whether or not actually occupied including basement, subter'ranean, balcony and mezzanine space. Floor area shall be measured from the exterior line of the exterior walls and from the center line of any party or common interior walls without deduction for columns, walls or other structural or non-structural eomponents. �l) "Lienholder": Any mortgagee under a mortgage or a trustee or beneficiary under a deed of trust constituting a lien on any Parcel �k) �'Owner": The record holder of fea simple title to a Parcel, its heirs, personal representatives, successors and assigns. (�) "Parcel": Parcel 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10 as shown on Exhibit "A" and more particularly described in Schedule I attached hereto and incorporated herein by this reference. �m) "person": Individuals, partnerships, firms, associations, corpo- raiions, trusts, governmental agencies, administrative tribunals or any other form of business or legal entity. (n) "Prime Lessee": An Owner of a Parcei who sells said Parcel to an unaffiliated third party and thereafter enters into a net lease for said Parcel with such third party or its lessee or sublessee. Prime Lessee includes the successors a�d as:igns of said Prime Lessee but does not include the sub- lessees, licensees or concessionaires of said Prime Lessee. �o) ��Restrictions": The easements, covenants, restrictions, liens and encumbrances contained in this Declaration. �P) "Service Facilities": Loading docks, trash enclosures, bottle storage areas and other similar service facilities. (q) "Shopping Center": Parcels l, 2, 3, 4, 5, 6, 7, 8, 9 and 10 collectively, 1•2 Parties: First Party is the Owner of Parcels 1, 3, 4, 5, 6, 7, 8, 9 and 10 and Albertson's is the Owner of Parcel 2. The Parcels are located at the southeast corner of the intersection of Pacific Highway and Durham Road in the City of Tigard, County of Washington, State of Oregon as shown on Exh�bit "A" and more particularly described in Schedule I attached hereto. 2 1•3 Pu�poso: The parties plan to develop the Shopping Center as an integrated reiail sales complex for the mutual benefit of all real property in the Shopping Center and, therefore, hereby establish the Restrictions. ��• BUILDINC AND COMMON AREA DEVELOPMENT Z•1 Building Location: All buildings and other structures (except those permitted in $e�tion 2.2 below) shall be placed or constructed upon thc Parcels only in the Building Areas; provided, however, that canopies, eaves and roof overhangs (inciuding columns or posts supporting same), norrrral foundations, utility cabinets and meters, signs and doors for ingress and egress may project from the Building Area into the Common Area. All of the foregoing shall be constructed and maintained in accordance with all la�:al, state and federal laws, rules and regulations applicable thereto. Al) Building Areas on which buildings are not under construction on the date the Owner of Parcel 2 first opens its building for business shall be covered by a one inch asphalt dust cap and kept weed free and clean at the Owner's sole expense until such time as 6uildings are constructed thereon. �•Z Common Area: The Common Area is hereby reserved for the sole and exclusive use of all Owners of the Shopping Center, their tenants, co�tractors, employees, agents, customers, licensees and invitees and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants. The Common Area may be used for vehicular driving, parking (except that there shall be no multi-level parking), pedestrian traffic, pylon and directional signs, sidewalks, walkways, landscaping, perimeter walls and fences, parking lot lighting, utilities and Service Facilities and for no other purpose unless othenvise specifically provided in this Declaration. No buildings or structures �ot shown on the Site Construction Docume�ts approved pursuant to the Development Agreement stiall be placed or constructed in the Common Area except pylon and directional signs (as provided in Article IV), paving, bumper guards or curbs, landscape planters, lighting standards, perimeter walls and fences, utility pads and equipment, sidewalks and, to the extent that they are located, and do not impede access, to the rear or sides of buildirigs, Service Facilities. The Common Area shall be constructed in accordance with the site plan attached hereto as Exhibit "A" and shall be kept and maintained as prov�ded for �n the Common Area Maintenance Agreement. All portions of a Building Area which cannot be used for buitdings shall be developed by the Owner thereof in accordance with a site plan approved by the Consenting 3 . Owners and maintained as improved Common Area. The sizes and arrangements of the Common Area improvements, including, without limitation, service drives and parking areas, striping, traffic directional arrows and signs, concrete bumpers, parking lot lighting, perimeter walls and fences, and landscaped areas, together with necessary planting, may not be changed without the prior written consent of the Consenting Owners; provided, however, .that nothing contained in this Section 2.2 shall be in any way interpreted or construed to require the written consent of the Consenting Owners to the expansion of any building into the Expansion Area shown on Exhibit "A". 1.3 Typ� and Dasign of Building: (a) Each building in the Shopping Center, now and in the future, shall be of first quality construction and architecturally designed so that its exterior elevations (including, without limitation, signs and color) will be architecturally and aesthetically tompatible and harmonious with all other buildings in the Shopping Center. No building may be constructed nor the exterior of any existing building changed in any way (including, without limitation, signs and color) without the prior written approval of the Consenting Owners as to the exterior elevations (including, without limitation, signs and color) of the building to be constructed or modified. The standard signs and Iogos of Albertson's as they may exist from time to time and the opening, closing or relocation of any door, however, shall not require approval. Before the construction of any building or any modification of an existing building which requires approval is commenced, sufficient information shall be sent to the Consenting Owners to enable the Consenting Owners to make a reasonable determination as to the architectural and aesthetic compatibility of said building or modification with all other buildings in the Shopping Center. No Consenting Owner may arbitrarily or unreasonably withhold its approval of the proposed building or modification if it is architecturally and aesthetically compatible and harmonious with all other buildings in the Shopping Center. Each Consenting Owner must approve or disapprove the proposal within thirty (30) days after receipt of the proposal, and, if such Consenting �;lwner disapproves the proposal, it shall provide a written explanation in reasonable detail oT its reasons for disapproval. If a Consenting Owner rejects or disapproves the proposal and fails to provide such explanation within the thirty (30) day period, such Consenting Owner shall be deemed to have approved same provided that, when the approval was sought, the one seeking the approval 4 . stated in writing to the one whose approval was sought that if a disapproval with explanation was not made within the thirty (30) day period, approval would then be deemed to have been given. If the proposal is disapproved as provided herein, then an alternate proposal may be submitted, which alternate proposal shall be handled in the same manner as the initial proposal. �b) Every building shall be either equipped with automatic sprinkler systems which mcet all the standards of the Insurance Services Office (or other similar local organization having jurisdiction) or shall be constructed in such a manner as not to adversely affect the fire rating of any building built upon any other Parcel. The purpose of this subparagraph (b) is to allow buildings built on each Parcel to be fire rated as separate and distinct units without deficiency charge. (c) No building shall be built in such a manner as to adversely affect the structural integrity of any other building in the Shopping Center. (d) All buildings on Parcels l, 2, 3, 4, 5 and 10 shall be single story with mezzanine permitted and shall not exceed thirty-one (31) feet in height, except that the building on Parcel 10 may be two stories provided that the total floor area on Parcel 10 does not exceed 47,700 square feet, and except the kiosk on Parcel 5 shall not exceed fourteen (14) feet in height. No building on Parcel 6, 7, 8 or 9 shall exceed one (1) story and eighteen (18) feet in height (including mechanical fixtures and equipment and screening for same). No mezzanine or basement shall be used for the sale or display of merchandise. (e) Each Owner shall maintain or cause to be maintained the exterior of any building located on such Owner's Parcel(s) in a quality and condition comparable to that of first class shopping centers of comparable size and nature located in the same geographic area as the Shopping Center. All Service Facilities shafl be attractively screened from view from the parking areas. 2.4 Construction Requireme�ts: (a) All work performed in the construction, maintenance, repair, replacement, �alteration or expansion of any building, sign or Common Area improvements located in the Shopping Center shall be effected as expeditiously as possible and in such a manner as not to unreasonably interfere, obstruct or delay (i) access to or from the Shopping Center, or any part thereof, to or From any public right-of-way, (ii) customer vehicular parking in that portion of the �mproved Common Area located in front of any building constructed in the 5 i Shopp��9 Center, °f ��) the receiving of inerchandise by any business in the Shopping Center includin . 9. without limitation, access to the Service Facilities. Stagi�9 for the construction, �eplacement, alteration or expansion of any building, Sign or Common Area improvements located in includin the Shoppin9 Center 9. without limitation, the location of any tem orar construction sheds, P Y buildings or the storage of building materials and the parking of constructic� veh��es and equipment shall 6e limited to that portion of the Shoppi�9 Canter approved in w��t��9 bY the Consenting Owners. Unless othenyise specifically stated herein, the person contracting for the per{or�ance of such work ("Contractin 9 Party") shall, at its sole cost and expense, prompt�y repair and resto�e or cause to be prompt�y repaired and restared to its prior condition all buildin s 9 . aigns and Common Area improvements damaged or destroy�d in the performance of such work. �b) The Contractin 9 Pa►'tY shall not permit any liens to stand against any Parcel for an Y work done or materials furnished in connection with the performance of the work described in subpara ra h however, 9 P �a) above; provided, that the Contractin 9 Par'tY mey contest the validity of any such lien, but upon a final determination of the validity thereof, the Contracting Party shall cause the lien to be satisfied and released of record. The Contracting Party shall, within thirt Y (30) days after receipt of written notice from the Owner or Prime Lessee of any Parcel encumbered by any such lien or cfaim or lien, cause any such o utstanding lien o� claim of lien to be released of record or transferred to bond in accordance with applicable law, failing which the Owner or Prime Lessee of said Parcel shsll have the right, at the Contracting Party's expense, to transfer said lien to bond. The Contracting Party shall indemnify, defend and hold harmless the Owners and occu ants of the Sho Cen[er from P PP��g any and all liability, claims, damages, expenses (including reasonable attorney's fees and reasonable attorney's fees on any appeal), liens, claims of lien, judgments, proceedings and causes of action arising out of or in any way connected with the perforniance of such work, unless caused by the negligent or willful act or omission of the indemnified person, its tenants, subtenants, agents, contractors or employees. (c) The parties acknowledge and agree that incidental encroachments �Pon the Common Area may occur as a result of the use of ladders, scaffolds, store front barricades and similar facilities in connection with the construcUOn, maintenance, repair, replacement, alteration or expansion of buildings, signs 6 � and Common Area improvements located in the 5hopping Center, all of which are permitted hereunder so Iong as all activities requiring the use of such facilities are expeditiously pursued to completion and are performed in such a manner as to minimize any interference with use of the improved Common Area or with the normal operation of any business in the Shopping Center. 2.5 Casc;�;,Ity and Condemnation: In the event all or an y portion of any building in the 5hopping Center is (i) damaged or destroyed b.y fire or other casualty or (ii) take� or damaged as a result of the exercise of the power of eminent domain or any transfer in liau thereof, the Owner of such building shall promptly restore or cause to be restored the remaining portion of such building o�, i� Iieu thereof, shall remove or cause to be removed the damaged portion of such building together with all rubble and debris related thereto. All Building Areas on which buildings are not reconst�ucted following a casualty or con�femnation shall be graded or caused to be graded by the Owner thereof to the level of the original grade and in such a manner as not to adversely affect the drainage of the 5hopping Center or any portion thereof, shall be covered by a one inch asphalt dust cap and shall be kept weed free and clean at the Owner's sole cost and exponse until buildings are reconstructed thereon. 2.6 Indomnification: Each Owner hereby agrees to indemnify, defend and hold harmless the other Owners and occupants from and against any and all liability, claims, damages, expenses (including reasonable attorney's fees and reasonable attorney's fees on any appeal), judgments, proceedings and causes of action for injury to or death of any person or damage to or destruction of any property occurring in the interior of any building constructed on the indemnifying Owner's Parcel, unless caused by the negligent or willful act or omission of the indemnified person, its tenants, subtenants, agents, contractors or employees. • III. EASEMENTS 3•1 Ingress, Egress and Pnrking: Each Owner hereto, as grantor, hereby grants to the other Owners, their respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of each Parcel belonging to the other Owners, as grantees, a nonezclusive easement for ingress and egress by vehicular and pedestr�an traffic and vehicular parking upon, over and across that portion of the Common Area located on the grantor s Parcel(s), except for those areas 7 � devoted to $ervice Facilities or driveup or drive through customer service facilities. The reciprocal rights of ingress and egress set forth in this Section 3.1 shall apply to the Common Area for each Parcel as such area shall be increased pursuant to Section 2.2 above. 3•2 Uti�ity Lines and Facilities: (a) Each Owner hereto, as grantor, hereby grants to the other Owners, for the benefit of each Parcel belonging to the other Owners as grantees, a nonexclusive easement under, through and across the Common Area of the grantor's Parcel(s) for the installation, operation, maintenance, repair and replacement of water drainage systems or structures, water mains, sewers, water sprinkler system lines, telephones, electrical conduits or systems, gas mains and other public or private utilities. All such systems, structures, mains, sewers, conduits, lines and other utilities shall be installed and main- tained below the ground level or surface of such easements except for ground mounted electrical transformers and such other facilities as are required to be above ground by the utility providing such service (including temporary service required during the construction, maintenance, repair, replacement, alteration or expansion of any buildings or improvements located in the Shopping Center). The installation, operation, maintenance, repair and replacement of such ease- ment facilities shall not unreasonably interfere with the use of the improved Common Area or with the normal operation of any busi�ess in the Shopping Center. The grantee shall bear all costs related to the installation, operation, maintenance, repair and replacement of such easement facilities, shall repair to the original specifications any damage to the Common Area resulting from such use and shall provide as-built plans for all such facilities to the Owners of all Parcels upon which such utility lines and facilities are located within thirty (30) days after the date of completion of construction of same. (b) At any time and from time to time the Owner of a Parcel shall have the right to relocate on its Parcel any utility line or facility installed pursuant to the foregoing grant of easement which is then located on the land of such Owner, provided that any such relocation (i) shall be performed only after sixty (60) days notice of the Owner's intention to undertake the reiocation shall have been given to the Owner of each Parcel served by the utility line or facility, (ii) shall not unreasonably interfere with or diminish utility service to the Parcels served by the utility line or facility, (iii) shall not reduce or unreasonably impair the usefulness or function of the utility line or facility, 8 , (��) shall be performed without cost or expense to any other Owner or occupant of any Parcel served by the utility line or facility, and (v) shall provide for the originai and relocated area to be restored to the originai specifications. The Owner perform�ng such relocation shall provide as-built plans for all such relocated utility lines an.d facilities to the Owners of all Parcels served by such utility lines and facilities within thirty (30) days after the date of completion of such relocation. (c) Each Owner agrees to grant such additional easements as are rea:onably required by any public or private utilities for the purpose of providing ths utility lines and facilities described herein provided such easements are not otherwise inconsistent with the provisions of this Declaration. 3.3 Slgns: Each Owner, as grantor, hereby grants to the other Owners, for the benefit of each Parcel belonging to the other Owners, as grantees, an easement under, through and across the Common Area of the grantor's Parcel(s) for the installation, operation, maintenance, repair and replacement of the free-standing pylon signs referred to in Section 4.3 of this Declaration and all utility lines and facilities appurtenant thereto. Except where otherwise specifically stated herein to the contrary, the grantee(s) shall bear all costs related to the installation, maintenance, repair and replacement of its pylon sign and app�r-tenant facilities, shall repair to the original specifications any damage to the Common Area resulting from such use and shall provide as-built plans for all such facilities to the Owners of all Parcels upon which such facilities are located within thirty (30) days after the date of completion of construction of same. 3.4 Building Encroachmants: Each Owner, as grantor, hereby grants to the other Owners, for the benefit of each Parcel belonging to the other Owners, as grantees, an easement for any portion of any building or structure located on any such Parcel which may encroach into or over the grantor's adjoining Parcel(s); provided the easement for footings, piers, piles, grade beams and building encroachments does not exceed two (2) feet, and the easement for canopies, eaves and roof overhangs does not exceed four (4) feet. The easements granted in this Section 3.4 shall survive this Declaration and shall Iast so long as the encroaching building is standing following its initial construction or follow�ng its reconstruction where such building is su6stantially �estored to its prior condition following a casualty or condemnation. 9 . IV. OPERATION OF COMMON AREA 4•1 Parking: There shall be no charge for parking in the Common Area without the prior written consent of the Consenting Owners or unless otherwise required by law. 4•Z Employea Parking: Anything in this Declaration to the contrary notwithstandi�g, areas to ba used for motor vehicle parking by employees of occupants of the Shopping Center may be designated within the Shopping Center from time to time with the prior written co�sent oi' the Consenting Owners. In the event employee parking areas are designated as provided herein, then employees of any Ownar or occupant of any part of the Shopping Center shall u:a only those portions of the Common Area designated for such motor vehicle parking purposes. In no event shall employees park within 200 feet of the front of any building located on Parcel 2. The authority herein \ granted shall be exercised in such manner as not to discriminate against any � � � Owner or occupant of the 5hopping Center. � � � � ,� .,, 4.3 Slgns: (a) Subject to governmental app�oval, two free-standing \ sig+as shall be erected at the locations designated "Center Pylon Sign" on � Ezhibit "A." Such signs shall display the designation of the Owner or xcupant of Parcel 2 and, provided the amount of signage otherwise permitted by governmental authority to the Owner or occupant of Parcel 2 is not adversely affected thereby, the designation uf the Shopping Center and designations for not more than two (2) other businesses in the Shopping Center. Any such '._��_/ _ . _--,. business, in order to display its designation on the Center Pylon Sign, must occupy not less than 20,000 square feet of ground floor area. The cost of constructing, installing, maintainin g, repairing and replacing the Center Pylon Sign pylon structures (excluding electrical hookup to the Common Area meter) shall 6e paid by the Owners of all Parcels entitled to display designations thereon (with the Owner of Parcel 1 being responsible for the cost of the designation of the Shopping Center) in the proportion that the total square footage of each Owner's designation or designations bears to the total square footage of all designations entitled to be displayed thereon. Each person displayi�g a designation on the Center Pylon Sig� shall supply and maintain its own sign fascia and can. The design of the Center Pylon Sign pylon structure shall be subject to the approval of the Consenting Owners, as shall be the size, des�gn and location of the sign fascia , used; provided, however, that �Ibertson s and other persons occupying not less than 20,000 square feet of 10 ` ground floor area may use such standard fascia as they from time to time use generally in carrying on their businesses. Tha Owner or occupant of Parcel : shall have the top designation on the Center Pylon Siqn, (b) There shall be no other signs, except directional signs and 5�9�s on buildings, in the $hopping Center. All exterior building signs on Parcels l, 3, 4, 5, 6, 7, 8, 9 and 10 shall be restricted to identification of the busines: or service located or provided therein. No exterior building sign shall be placed on panthouse w�ll:, extend above the building roof or be painted on the exterior building surface, except, with the prior written approval of the Cwner of Parcel 2 as to the locatian, size and appearance thereof, the Owner of Parcel 1 may place a desi nation of the Sho 9 pping Center on the building on Parcel 1 which does not conform to the above. No exterior building or free-standing sign shall utilize flashing, moving or audible lights or aPPurtenances. 4.4 Protection of Common Areas: Each Owner and Prime Lessee shall have the right to take such steps as it deems necessary to prevent those persons not authorized by this Declaration to use the Common Area from using the Common Area for ingress, egress and parking. Such steps shall include, without limitation, the construction of fances, walls or barricades along the boundary lines of any po�ion of the 5hopping Center except along the common boundary of any Parcel with any other Parcel. 4.5 Salas: No portion of the Common Area, except sidewalks, shall be used for the sala or display of inerchandise; provided, however, that the seasonal sale of inerchandise by the Owner or occupant of Parcel 2, Parcel 4 and Parcel 10 shall be permitted from tha parking lot located on such respective Parcel subject to the following restrictions: (i) sales for each such Parcel shail be limited to not more than four (4) occasions per calendar year for a cumulative total or not more than sixty (60) days duration, (ii) the sales area shall be limited to not more than twenty (20) parking spaces located on such respective Parcel, (iii) all booths, stands, displays and other structures erected in connection with such sales shall be promptly removed by the Owner or occupant of such respective Parcel upon termination of said activities, (iv) the Common Area shall be promptly repaired to its condition immediately prior to said sale at the sole cost and expense of the Owner or occupant of such respective Parcel and (v) sales shall not interfere with the free movement of 11 vehicular traffic within the Shopping Center or with access to or from the Shopping Center, or any part thereof, to or from any public right-of-way. V. RESTRICTIONS ON USE 5•1 Food Restrictions: No part of Parcel 1, 3, 4, 5, 6, 7, 8, 9 or 10 shall be used as a supermarket (which shall be defined as any store or department containing at least 5,000 square feet of floor area, including aisle space and storage, primarily devoted to the retail sale of food for off-premises consumption); as a bakery o� delicatessen (except that a sandwich shop, other restaurant or store may sell baked goods or delicatessen items (i.e., processed meat, cheeses and salad sold by weight or volume) for off-premises consumption so long as the sale of such goods and items for off-premises consumption does not ezceed twenty-five percent (25�) ot the total sale of such goods and items); for the sale of fresh or frozen meat, fish, poultry or produce for off-premises consumption (except that a restaurant or Store may sell Such items for off-premises consumption so long as the sale of such items for off-premises consumption does not exceed twe�ty-five percent (25$) of the total sale of such items); or fo� the sale of alcoholic beverages for off-premises consumption, except that a liquor store operated by the State of Oregon or one of its agencies shall be permitted, and except that a store or restaurant may sell alcoholic beverages for off-premises consumption so long as the sale of such alcoholic beverages for off-premises consumption does not exceed twenty-five percent (25$) of the total sale of alcoholic beverages. 5.2 Shopping Conter Rostrictions: No part of the Shopping Center shall be used as a bar, tavern, cocktail lounge, adult book or adult video store, automotive maintenance or repair facility, war car wash, ntertainment or recreational facility or training educational faa i y• , or the renting, leasing or selling of or displaying for the purpose of renting, leasing or selling of any boat, motor vehicle or trailer; or for industrial purposes. For the purpose of this Declaration, the phrase ��entertainment or recreational facility" shall include, without limitation, a theater, bowling alley, skating rink, gym, health spa or studio, dance hall, billiard or pool hail, massage parlor, game parlor or video arcade (which shall be defined as any store containi� more c than four (4] electronie—games). The phrase "training or educational facility" shall include, without limitation, a beauty school, barber college, reading room, place of instruction or any other operation .catering primarily to students or 2rainees as opposed to customers. 12 . � � / ' � s•3 Location Restrictions: No � � part of Parcel 1 or 3 shall be used as a �` \'� restaurant that contains more than thirt �� ;� y-six (36) seats for customers. No ,\ i\,� ��' Portion of Parcel 1 within ninety-eight feet (98) feet of the northwest corner of ��t v �` the Building Area of Parcel 2 and no part of Parcel 3 within one hund�ed (100) � feet of the Buiiding Area of Parcel 2 shall be used as a medical, dental, �. professional or business office or as a restaurant. �� '� 5.4 Drivaup and Drive Through Facilities: No restaurant, bank or other facility featuring vehicular drive __ � rnitgh_ customer service shall be located in the Sho g �� ppin Center unless the Consenting Owners have fi�st given their written consent, which shall not be unreasonably withheld, to the location, parking and drive lanes of such facility. The parties hereby approve the vehicular driveup and drive through customer service facilities shown on Exhibit "A." 5.5 Mal) Restrictions: There shall be no open or enclosed malls in the Shopping Center unless the Consenting Owners have first given their written consent, which shall not be unreasonably withheld, to the location of the entrance to such mall. VI. GENERAL PROVISIONS 6•1 Covenants Run Wtth the Land: Each Restriction on each Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each part thereof and shall run with the land. 6•2 Succassors and Assigns: This Declaration and the Restrictions created hereby shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives, successors and assigns, and upon any person acquiring a Parcel, or any portion thereof, or any interest therein, whether by operation of law or otherwise; provided, however, that if any Owner sells all or any portion of its interest in any Parcel, such Owner shall thereupon be released and discharged from any and all obligations as Owner in connection with the property sold by it arising under this Declaration after the sale and conveyance of title but shall remain liable for all obligations arising under this Declaration prior to the sale and conveyance of title. The new Owner of any such Parcel or any portion thereof (including, without limitation, any Owner who acquires its interest by foreclosure, trustee s sale or otherw�sej shall be liable for all obligations arising under this Declaration with respect to sucn Parcel or portion thereof after the date of sale and conveyance of title. 13 ' s•3 Duration: Except as otherwise provide<i herein, �eclaration shall be for sixty-five (65) the term of this years from the date hereof. 6.4 Injunctiva Relief: in the event of any violation or threatened violation by any person of any of the Restrictions contained in this Declaration, any or all of the Owners and Prime Lessees of the property included within the Shopp��9 Center shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. The right of injunction shall be in addition to all other remedies set forth in this Declaration or provided by law. 6.5 Modification and Terminatio�; This Declaration may not be modified in any respect whatsoever or terminated, in whole or in part, except with the ��,� consent of the Owners and Prime Lessees of the Parceis containing ninety � percent ( ` . �� 90$j of the total square foota e of Buildin Area in the Sho . 9 9 PP'n9 � ✓� �, Center at the time of such modification or termination, and then only b written a, "' instrument dul y y executed and acknowledged by all of the required Owners and Prime Lessees and recorded in the office of the recorder of the county in which the Shopp��9 Center is located. No modification or termination of this Declaration shall affect the rights of any Lienholder unless *.he Lienholder consents in writing to the modification or termination. 6.6 Requasts for Approval: Except where otherwise specifically stated herein, all consents and approvals required hereunder shall be given within thirty (30) days after receipt of written notice specifying the section pursuant to which such consent or approval is requested and including copies of all documents reasonably required to grant such consent or approval. In the event written notice of approval or disapproval (with reasons specified) is not given within said thirty (30) day period, said request shall be deemed disapproved, 6•7 Method of Approval: Whenever the approval or consent of any Owner is required, such approval or consent shall be exercised only in the following manner. Each Parcel shall have only one (1) vote. The Owners (if consisting of more than one (1] person) of each Parcel shall agree among themselves and designate in writing to the Owners and Prime Lessees of each of the other Parcels a single person who is entitled to cast the vote for that Parcel. If the Owners of any such Parcel cannot agree who shall be entitled to cast the s�ngle vote of that Parcel, or if the Owners fail to designate the single person who �s entitled to cast the vote for that Parcel within thirty (30) days after receipt of 14 request for same from any other Owner or Prime Lessee, then that Parcel shall not be entitled to vote. In the event a Parcel is not entitled to vote, its consent or approval shall not be necessary and the total square footage of Building Area located on said Parcel shall be disregarded for the purpose of computing the percentage requirement set forth in Section 6.5. Except as otherwise set forth in Section 6.5, in the event an Owner sells its Parcel and becomes the Prime Lessee thereon, said Prime Lessee is hereby appointed the entity to cast the vote or give the consent for said Parcel on behalf of the Owner thereof and is hereby granted all of the rights and remedies granted to the Owne� of said Parce) so long as it ii the Prime Lessee of said Parcel, anything in this Declaration to the contrary notwithstanding. 6•8 tJot a Publlc Dadication: Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center to the general public or for the general public or for any public purpose whatsoever, it being the intention of the parties that this Declaration shall be ;trictly limited to and for the purposes herein expressed. 6•9 Breach Shall Not Parmit Termination: It is expressly agreed that no breach of this Declaration shall entitle any Owner to terminate this Declaration, but such limitation shall not affect in any manner a�y other rights or remedies which such Owner may have hereunder by reason of any breach of this Decla- ration. Any breach of this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value, but this Declaration shall be binding upon and be effective against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise. 6.10 Dafault: No person shall be deemed to be in default of this Declaration except upon the expiration of thirty (30) days (ten [lOJ days in the event of failure to pay money) from receipt of written notice from any Owner or Prime Lessee specifying the particulars in which such person has failed to perform the obligations of this Declaration unless that person, prior to the expiration of said thirty (30) days (ten [10] days in the event of failure to pay money), has rectified the particulars specified in said notice of default. However, such person shall not be deemed to be in default if such failure (except a failure to pay money) cannot be rectified within said thirty (30) day period and such person is using good faith and its best efforts to rectify the particulars specified in the notice of default. 15 6.11 Notices: (a) All notices given pursuant to this Declaration shall be in writing and shall be given by personal delivery, by United States mail or by United States expre3s mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the appropriate party by name and address shown on the then current real property tax rolls of the county in which the Shopping Center is located. All notices to First Party or Albertson's shall be sent to the address set forth below: First Party: Westwood Corporation 3030 S,W. Moody Avenue Por-tland, OR 97201-4897 Attention: Vice President, Real Es:ate AlbeKson's: Albei-tson's, Ine. 250 Parkcenter Boulevard P.O. Box 20 Boise, ID 837T6 Attention: Legal Department The person and address to which notices are to be given may be changed at any time by any party upon w�itten notice to the other parties. All notices given pursuant to this Declaration shall be deemed given upon receipt. (b) For the purpose of this Declaration, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pur- suant to this Section, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or othe� document, ths e:arlier of (A) the date of the attempted delivery or �efusal to accept delivery, (B) the date of the post- mark on the return receipt or (C) the date of receipt of notice of refusal or notice of nondelivery by the sending party. 6.12 Waivar: The failure of a person to insist upon strict performance of any of the Restrictions contained herein shall not be deemed a waiver of any rights or remedies that said person may have, and shall not be deemed a waiver of any subsequent breach or default in any of the Restrictions contained herein by the same or any other person. 6.13 Attorney's Fees: In the event any person is required to initiate or defend any legal action or proceeding to enforce or interpret any of the terms of this Declaration, the prevailing party in any such action or pi oceeding shall be entitled to recover �ts reasonable costs and attorney s fees (including �ts reasonable costs and attorney s fees on any appeal). 16 6•14 Sala G Sale-leaseback Purchaser: Notwithstanding anything to tF contrary contained in this Oeclaration, it is expressly agreed that in the ever an Owner sells its Parcel to an unaffiliated third party and thereafter enter into a net lease for such Parcel with such third parcy or its lessee or sublesse (hereinafter referred to collectively as the "Prime Lessor"), so long as sai� Owner is in possession of the property as a Prime Lessee the parties heret� shall look solely to said Prime Lessee (and said Prime Lessee shall be liabli the�efor) for the performance of any obligations either the Prime Lessea or the Prime Lessor shall have under this �eclaration and the Prime Lessor shall be relieved of any obligation for the performance of or liability for tha Restrictions set forth herein relating to either the Prime Lessee o� its Parcel. 6.15 S�varability: If an Y term or provision of this Declaration o� the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Oeclaration or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by �aN,, 6.16 Not a Partnarship; The provisions of this Declaration are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties. 6•17 Third Party go�eficiary Rlghts: This �eclaration is not intended to create, nor shall it be in any way interpreted or construed to create, any third PartY beneficiary rights in any person not a party hereto unless otherwise expressly provided herein. 6•18 Captions and Headings: The captions and headings in this Declara- tion are for reference only and shall not be deemed Yo define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. 6.19 Entire Agreement: This Declaration contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, w�th respect to the subject matter hereof. The provisions of this Declaration shall be construed as a whole and not strictly for or against any party. 17 6•2� Construction: In construin the 9 provisions of this Declaration and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shatl include the plural, and the usa of the plural shall include the singular. s•21 Joint and Several Obligations: In the event any party hereto is composed of more than one person, the obligations of said party shall 6e joint and several. 6•22 R�cardatlon; Thit Oeclaration shall be recorded in the office of the recorder of the county in which the Shopping Center is located. YII. PARTY WALL 7•1 Wall: The Owners of Parcel: 1, 2 and 3 agree that the East and West Walls of the building on Parcel 2 sh�ll be common party walls for the Owners of Parcels 1 and 2 for the West Wall and for the Owners of Parcels 2 and 3 for the East Wall, and each hereby grants to the other an essement and the right to repair, maintain, and use said wslls to support thereon the roof and the other walls of the adjoining buildings. 7•2 Mafntananca: Each Owner shall ba. entitled to treat its side of such Pa►'tY wall within its own premises as if such wall was a separate wall constructed for such premises so long as no damage shall be done to the other side of such wall. In the event that an Owner or its tenants, utilizing such wall for their premises, cause any damage to such wall, the party causing such damage shall repair such damage at no expense to the other party. The use and maintenance of the party wall by either party shall not unreasonably interfere with the use by the other party. 7.3 Damag• by Casualty: In the event all or an y portion of the Party wall is damaged or destroyed by fire or other casualty, the appropriate Owner shall have the right, but not the obligation, at its sole cost and expense, to restore the Party wall to its original condition; provided, however, that if the other Owner shall thereafter make use of the restored Party wall, then said other Owner shall contribute fifty percent (50$) to the cost of restoration of the Party wall, subject, however, to the right of an Owner to require a larger contribution pursuant to the terms of Section 7.2 of thi:, Agreement or any rule of law regarding liability for negligent or willful acts or omissions. 18 , 7'4 PaYrt+ont of Cost: The Owners of Parcels 1 and 3 hereb a reimburse the Owner Y gree of Parcel � for fift Y percent (50`$) of the cost constructing or reconstructin g the party wall used by such Owner and tf foundations therefor. EXECUTED as of the day and year first abuve written. Albartson's, Inc., � �olaware corporation FIRST PARTY: W�st�'ood Corporation, �� ragon corporation BY: . Senior Vice President BY' 7- � � � 1 �.I 11 vica Nresident, Real Esjtate d"" ' � BY: � ' • � � J � � B Y: ��..`...-l�..� •.-.� (� Secretary l Secretary 19 STATE OF IDAHO ) County of Ada � Ss. ) On this �� day of June, 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas R. Saldin and Minnie O. Armstro�g, to me known to be the Senior Vice Preside�t and the Secretary, respectively, of Albartson's, Ine., the corporstion that executed the foregoing instrument, and acknowledged to me that the said instrument is the free and voluntary act and deed of said corporation, for the uses and purposes therein menxioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. � WITNESS MY HANO and official sesl he�eto affixed the day, month and year in this certificate first above written. MY commi�sion expires: � t lI1YlP 7, 1 ��•�q � . N ta y Public in and for t e St� of Idaho. Residing at Boise, Idaho. STATE OF ��p�J � • Count of —�p��yH � ss. Y �ll.l�� On this R�� day of June, 1987, before me, the undersigned, a Notary Public in and for said State, � _ � personally appeared known to be the and �ti-��, ,� �,� �� to me �� nd ��k�e�; respectively, of� Westwood Corporation, the corporation that executed the foregoing instrument, and acknowledged to me that the said instrument is the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS MY HAND and official seal hereto affixed the day, month and year in this certificate first above written. My commission expires: ��4'l 11� �� I,11 Li9� �P,��r i.� �lY'l 1 ( Notary Public in and or the State of _��n� Residing at ��qN 1 C.�.r�c��l 20 SCHEDULE I Parcels 1 and 3 through 10: Ceqinning ac the �uarcer Corner on the North ]ine of Seccion J5, TovnshiP Sou[h, P.��c 1 I�est of the {Jillarietce Tferidian in l•!ashinp,�on Councy, (lregon; Thence Norch 89'S7'21" East alono the l•locth ]ine of said Section, 2�].27 feet The��e `ouch 00'02'39" East 45.0f1 feet to [he TRUE POINT' OF BECINIIIN�: Tiience North 84'S1'Z1" Cast parallel vith the North line of said Seccion l5, a dis[- ance of G03.68 feet; Thence Southeasterly alon� che arc of a 25.00 foot rad- ius curve to the righc (the cliord of ai�ich bears Souch 45'OS'S1" East 35.32 feec) a distance of J9.22 feet to a p�int vhich is 30.00 feec vest of the cencerline of S.T7. 113th Avenue; Thence Sou�h 00'09'02" Last naral].el s+ich SBid 5•u. 113[h Avenue, a distance of 625.95 fee[ to a poin[ on the Souch line of Parcel III as deecribed in a Real Fstate Contracc to 6'iZ2iam 8rocrosen II and Judith M. Brovnsen, recorded Septenber 16� 1900 a9 Recordera Fee No. 80032465; Thence taorth 89'S8'42" T7est a�on� said South line� a dis[ance of 629.36 feet to the Southvest corner thereof, said of the llorthveet One r�uarter of said Section 15; Thence6South�OQ'OA'S05CEaste along the East line of [he NorthvQ�t One Quarcer of said Section, a distance of 353.17 feet to che Southeast corner of cha[ tract of land conveyed to � ltountain Park L eal[h Care Faeilitiea, Inc. by Real Estate Contract recorded 1n IIook 1121, PaRe 125� Deed Records for I•'ashinGcon County, Oreron; Thence tiorth 89'S4'26" Neat along the South line of said Tract. a distance of G49.�9 feet to an iron rod on the Easterly ri�ht-of-way J.ine of S.t:, ra�ific Hi¢hWay; Thence I�ortheaaterly a]onR said right-of.-way ].ine on the arc of a 3769.72 fooc radius curve to the riqhc (the chord of vhich bears llorth 14'35'3]" East 400.72 feet) a distance of L�p,91 f.eec to an iron rod ooposite EnRineers Scac- ion Ln 212+/�5,73 P.S.C.; Thence Norcheas[erly continuinz a].anv, said right-of.- yay line on the are of a spira] curve to the richt (the cherd of vhich bears � North 17'46'13" East ]..13 feet) a distance of 1.13 feet ro a point on the South line oE thAt tract of land conveyed to Herbert F�. �ayson and Betty Jean Dayson by deed recorded in Rook 479, Page 7.36, Deed Records for 4!ashinp,con County, OreRon; Thence t7orth E9'S0'18" �1est alonp said South liae, a distance of 70,49 feet to a point markinR an an�J,e point in said IlSqhcray right-of-t+ay i line; T}ience t7or[heasterly alon� said ziqht-of-vay ]ine on the arc of a I 31�9•72 foot radius curve to the rirht (the chord of �ohich hears Norch 17'37' 2�" Easc 2,p2 feet) a distance of 2.02 feet to a poin[ opposite EnPineers - Stacion Ln 212+45.73 P,S.C; Thence Northeaster]y alonq said right-of-vay line on [he arc of a spiral curve to the rir,ht (the chord of vhich bears North 19'31'45" East 372.85 feet) a distance of 372.89 f.eet to an iron rod ooposite Englneers Scation LA 208+�p,73 T.S.; ?'hence Nar�h 20'34'S3" L•ast continuinq along said ri�ht-of-wny ]inr;� a distance of 362.67 feet to an iron rod; Thence !]orth 65'27'40" East 28.16 feet [o an iron rod on the Sou�herly ri�ht-of-vay 7ine of the re)ocnced portion of Durhar� Road; I'hence �outh 69'3�'Op" E�st alon� [he Sauther]p ria,hc-of-way ]ine of. sa�d . Durhaa Ro�d� a dis�ance,of ]35.49 feet; Thence Souch 00'02'�g" F.asc 362.3g feet; Thence Tlorth 89•57'21" Fasc 29,1g feet; Tlience Souch n0•02'30" Eaat 137.33 feet; Thence South 04'S7'21" [/est 7.00 feec; Tlu nce Sou[h �0'02'39" East 1.44.12 feec; Thence 5outh 89'S9'[,2" East 264,00 feet; The�ce t7orch 00'02'39" �!es[ ].44.43 feec; Thence Souch 89' 5��z1" ►�est 1.00 feet• Thence North 00'02'39" G'est 345.83 feet; Thence Norch 09'S7'21" Last 7�.29 feet; Thence 17orth 00•p2'3g�� ti�est 1J.f1.06 Feec �o che point of beRinninP and con�aining 761,R35 square Fee[ of ]and, more or less. SCHEDULE I Parcel 2: Aepinning at the ��tiarter Corner on the Norch ]ine of Seccion 15. Tovnship 2 Souch, Ran�e 1 IJen[ of the 1lillamecce lleridian in llashin�con County, OreRon; Thence North 89'S7'21" Cast along [he tlorth line of said Section, 201.27 feec; Thence Souch 00'02`39" East G5.00 Feet to the 'IRUE POIt:T OF BECINNINC; Thence South 00'02'39" East ].10.06 Eeet; Thence South 89'S7'21" We�c 13.29 feee; Thence Souch 00'02'39" Last 345.83 feet; Thence Norch 89'S7'21" Eaa[ 7.Q0 feet; TZience Souch 00' 02'39" East 144.43 feet; ihence t�orth 89'SO'42" FTeat 264.00 feet; Thenee North 00'02'39" West 144.12 feet; Thence North 89'S7'21" East 7.Oo Feet; Thence North 00'02'39" West 137.33 feet; Thence South 89'S7'21" [Jes� 29.18 feet;� Thence Norch 00'02'39" I�lest 362,38 feec co a poin[ on che Southerly riaht-of-way line of Durham Road; Thence South 69'30'00" East along said Southerlq right-of-vay line a diatanec oF 30.17 teet; Thence Southeasterly aiong said rip,ht-of-way ]ine on the.arc'of a 522.46 foot radiva curve [o the left (the chord of which bears �outh 79'46'20" Easc 186.33 feet) a distance of 187.34 fee�; Thence North 89'S7'2]" East parallel with [he North line of said Section 15� a distance of 140.88 feet to the point of beqinning and containinR 172,520 square feet of land. more or lesa. � � � v� � �� , 6/1/86 ` ��, • COMMON ARE�NTENA CE AGREEMENT � � I Tabie of Contents Article Subject 1. Page Recitals. 2. 1 Malntenance Standards. 3. � Llghting. 4. 4 Taxes. 5. 4 Maintenance Director, 6. • 4 Reimbursement of Maintenance Dfrector. �. 4 Billing for Expenses. . g 6 Effect of 5ale by Owner. 9. 7 Default. 10. 8 Lien for Expenses or Taxes. I1, �� , Right to Maintain Parcel Separately. 12, 11 Responsibility if No Mafntenance Director. 13. 12 General Provisions, 14. 12 Sale E Sale-leaseback Purchaser. 15. 14 Severability, 16, � 16 Not a Partnership. 17. 16 Captions and Headings. 18. 16 Entire Agreement. 19. 16 Construction. 20. 16 Joint and Several Obligations. 16 21• Recordation. 17 ° 1(�� j Cud �`�/<�, d� t r � �=�v',f�7a r� f`� f%al'.�'l�l�� J��-:�- �1��±r ��c�`� , � j� �' l�)�t5� �fv�_�`�_ �,p;�} •��v� -.._.__..._.. - l � 1 ��L1rr��_:;r_ � ___._....,--, �,(�.+1��r!��1,��. (�i Qi r1�. ,�,v� � 1::1LI(�/k. �I�N ��1�11_1.f --'- ----�•----- f �(.� �� .'1�� \,(Sf�'�.�^�i f�n��,. ( �1 � -�-``____',�"' ,�✓`�-� '.4. �-r� ��-� �;r��.:�1 ��,�? (��',� �____�-. ._--- �. �.�. ��`��r'.-�l�;C.� � C j � (�� 1_ . _.__,___._ - _. ! r? %rf�,(r�fi t�l t�'i:"�_ (_;r_-�bl�N�l'l - 2�;1a- " -----._...- -_.. _ L� r?c!ti-r t��i�:.� :� n� � COMMON AREA MAINTENANCE AGREEMENT THIS COMMON AREA MAINTENANCE AGREEMENT ("Agreement") is made as of the 45•r� day of �v `_-.�� 1987, by and between Westwood Corporatlon, a � corporation ("First Part Y��), and Albertson's, Inc., a Delaware corporation ("Albertson's"), 1. Recitals. ��1 Albertson's is the Owner of Parcel 2; and First Party is the Owner of Parcels 1, 3, 4, 5, 6, 7, 8, 9 and 10 as shown on Exhibit "A" and more particularly described in Schedule I attached hereto and incorporated herein by this reference. Parcels 1 through 10 are hereinafter collectively referred to as the "Shopping Center". Parcel 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10 is sometimes referred to as "Parcel". �•z BY virtue of that certain document entitled "Declaration of Restrictions and Grant of Easements" encumbering the Shopping Center and recorded concurrently herewith ("Declaration"), the Owners have imposed certain restrictions on their Parcels and have executed reciprocal easements each in favor of the other covering those portions of the Shopping Center defined in the Declaration as "Common Area." 1•3 The Owners desire to provide for the common operation, cleaning, maintenance, repair, replacement and insurance of the Common Area within the Shopping Center as hereinafter provided. �•4 All of the terms in this Agreement shall have the meanings set forth in the Declaration, the provisions of which are incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and the Declaration, the Declarat(on shall control. 2. Maintenance Standards. 2.1 Commencing on the date the first building to open in the Shopping Center first opens for business, tha Maintenance Director shall, except as hereinafter provided, maintain the Common Area at all times in good and clean condition and repair, said maintenance to include, without limitation, the following: �a) Maintaining, repairing and resurfacing, when necessary, all paved surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability; and restriping, when necessary; ' (b) Removing all snow, papers, debris, filth and refuse and thoroughly sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly condition; (c) Maintaining, repairing and replacing, when necessary, all traffic directional signs, markers and lines; (d) Operating, maintaining, repairing and replacing, when necessary, such artificial lighting facilitfes as shall be reasonably required (except for the "After Hours Lighting" dascribed In Article 3 below); �e) Maintaining al! landscaped areas (including, without limitation, those on the perimeter of the Shopping Center); maintaining, repairing and replacing, when necessary, automatic sprinkler systems and water lines; and replacing shrubs and other landscaping as is necessary; (f) Maintaining, repairing and replacing, when necessary, all Common Area walis (including, without limitation; all fences, walls or �barricades constructed pursuant to Section 4.4 of the Declaration); �g) Maintaining, repairing and replacing, when necessary, all storm drains, sewers and other utility lines and facilities not dedicated to the public or conveyed to any public or private utility which are necessary for the operation of the buildings and improvements located in the Shopping Center (with the cost of all such items being allocated between the Owners of all buildings and improvements serviced by said facilities on the basis of total floor area); (h) Keeping the Center Pylon Signs as shown on Exhibit "A" lighted from dusk to dawn or du'ring such other times mutually agreed in writing by the businesses designated thereon; and (i) Performing itself or contracting with a third party or parties to perform the services described herein; provided, however, that the Maintenance Director shall remain responsible and liable for the performance of all of said services in accordance with the terms of this Agreement and for the performance of any such third party or parties under any such contract or contracts. 2.2 In addition to the foregoing, the Mainte'nance Director shall provide and maintain comprehensive general liability insurance i.nsuring First Party, Albertson's and all other persons who now or hereafter own or hold portions of the Shopping Center or building space within the Shopping Center or any leasehold estate or other interest therein as their respective interests 9 � may appear (provided that the Maintenance Director is notified in writing o such interest) against claims for personal injury or death or property damag� or destruction occurring in, upon or about the Common Area. Such insuranc� shall be written with an insurer licensed to do business in the State of Oregor and First Party and Albertson's shall be named on the policy or policies as insureds. The limits of liability of all such insurance shall be not less than 32,000,000 for injury to or death of� any one person, $2,000,000 for injury to or death of more than one person in one occurrence and $500,000 with respect to damage to or destruction of property; or, in lieu of such coverage, a combined single limit (covering bodily inJury or death and property damage or destruction) with a limit of not less than $2,000,000. The Maintenance Director shall furnish First Party and Albertson's with certificates evidencing such insurance and, upon request, copies of the insurance policy or policies as well. The policy or policies of such insurance shall provide that the insurance shall not 6e changed or cancelled without the giving of thirty (30) days' prior written notice to the holders of such insurance and the holders of such certificates. 2.3 Anything in this Article 2 to the contrary notwithstanding, the Maintenance Director shall not be responsible for the maintenance or insurance of any 5ervice Facilities (as defined in the Declaration) or driveup or drive through customer service facilities, which facilities shall be maintained by the Owners thereof in good and clean condition and repair and in a quality and condition comparable to the quality and condition of the maintenance of the balance of the Common Area. In addition, the Owners of the Parcel or Parcels on which said facilities are located shall at all times provide and maintain or cause to be provided and maintained comprehensive general liability insurance insuring all persons who now or hereafter own or hold portions of said facilities or any leasehold estate or other interest therein as their respective interests may appear against claims for personal injury or deatl� or property damage or destruction occurring in, upon or about said facilities. Said insurance shall be written with an insurer licensed to do business in the State of Oregon and in the amounts set forth in Section 2.2 above. The Owners of any such Parcel or Parcels shall furnish the Maintenance Director and any other Owner or Prime Lessee with certificates evidencing such insurance upon request. 3 3• L(ghting. 3.T It is agreed that the artificial lighting for the Common Area shall remain on while a majority of the businesses (based on square feet of Building Area) in the Shopping Center are open for business. If artificiel lighting for a time later than the foregoing ("After Hours Lighting") is needed by any Owners or tenants, then such artificial lights to service such Owners or tenants shall be separately metered or otherwise measured or reasonably estimated and all expenses thereof shall be paid by such Owners or tenants to the extent appropriate. 5uch Owners or tenants shall pay a reduced proportion of the expense of lighting the balance of the Common Area according to the extent to which such Owners or tenants are lighting the Common Area by separately metered lights. 4• Taxes. . 4•1 Each Owner shall pay dfrect to the tax collector when due the real property taxes and other special taxes and assessments assessed against the Owner's Parcel, including the portion of the Common Area on such Owner's Parcel. 5� Maintenance Director. 5,1 The Owners hereby appoint the Owner of Parcel 1 as Maintenance Director of the Shoppi�9 Center Common Area from and after the first building in the Shopping Center first opens for business. 5•2 The Consenting Owners of at least two (2) Parcels (provided that Parcel 2 is included within such group) may remove the Maintenance Director upon written notice to the Owners of the remaining Parcefs in which event the Consenting Owners of a majority of the Parcels (provided that Parcel 2 is included within such majority) shall appoint another person to be the Maintenance Director. 5.3 The Maintenance Director shall have the right, upon giving ninety (90) days' prior written notice to all Owners of the Shopping Center, to resign as Maintenance Director in which event the Owners of a majority of the Parcels (provided that Parcel 2 is included in such majority) shall appoint another person to be the Maintenance Director. � 6. Reimbursement of Maintenance Director. �• 6•1 The Maintenance Director shall contract fo' and pay for all of the items enumerated as maintenance and jnsurance expenses in Article 2 herein; provided, however, that the Maintenance Director shall not be entitled to reimbursement of all or any portion of an Owner's pro rata share of any item of Common Area maintenance or insuran'ce expense, the pro rata of which for said Owner's Parcel exceeds Two Thousand Dollars (52,000.00) each calendar year, without the prior written approval of the Owner of said Parcel. 6.2 At least thirty (30) days prior to the initial commencement of the cleaning and sweeping of the Common Area and any other Common Area maintenance work done on a regular basis, the Maintenance Director shall submit said Common Area maintenance work and any insurance for bid to at least four (4) bidders approved in writing by the Consenting Owners (as defined in the Declaration), which approval shall not be unreasonably withheld or delayed. The names of the bidding contractors or companies and the amounts of their respective bids shall be furnished to the Consenting Owners by tha Maintenance Director within ten (10) days after receipt thereof. The Maintenance Director shail award the contract to the low bidder unless the prior written consent of the Consenting Owners to award the contract to a higher bidder is first obtained by the Maintenance Director. 6.3 Upon thirty (30) days prior written notice from any Consenting Owner, the Maintenance Director shall have the Common� Area maintenance work, or any portion thereof designated by said Owner, rebid in the manner set forth in Section 6.2, and the Owners' shares of said Common Area maintenance work shall thereafter be based on the amount of the lowest bid unless the prior written consent of the Consenting Owners to award the contract to a higher bidder is first obtained by the Maintenance Director. Following a rebid of any item or items of Common Area maintenance, no Consenting Owner shall have a right to require a subsequent rebid of the same item or items for a period of at least one (1) year. The foregoing notwithstanding, the Maintenance Director shall not be required to rebid any item before the expiration of the term of the applicable contract. In no event shall the Maintenance Director enter into any contract for all or any portion of the Common Area maintenance work for a term in excess of one (1) year without the prior writtan approval of the Consenting Owners. 6•4 The Owners of all the Parcels shall cause the Maintenance Director to be reimbursed for all of its out-of-pocket expenseS in performing such services plus a maximum service charge of ten �ercent (10$) of said expenses to cover administration costs; provided, however, that the ten percent (l00) service charge shall not exceed Three Hundred Fifty Dollars (5350.00) for 5 any item of Common Area maintenance or insurance expense each calendar year without the prior written approval of the Consenting Owners. The Common Area expenses shall not include any costs incurred by the Maintenance Director for office overhead or compensation of its employees except to the extent included in the ten percent (10$) service charge. 6.5 The Maintenance Director agrees to perform its duties under this Agreement on a nonprofit basis with an end to keeping such expenses at a reasonable minimum. 1• Bllling for Expenses. 7.1 The Owner of each Parce! (or its respective tenants or agents, as it may direct) shall be billed quarterly in arrears for its pro rata share of all expenses incurred by the Maintenance Director in maintaining and insuring the Common Area as provided above (including the ten percent [10$] service charge described in Article 6 above) with the first billing date being the last day of the first full calendar quarter foliowing the date Albertson's first opens its building on Parcel 2 for business. An Owner may be billed more frequently than quarterly if such Owner so agrees to be billed. Said bills shall be due and payable within thirty (30) days after receipt of said bills and, if requested, copies of all invoices, statements or other documents supporting same. The proportionate share of the total Common Area expenses to be borne by each Owner for any year shall be that percentage set forth below: • Percent • Parcels 1, 3, 4, 5, 6, 7, 8, 9, and 10 80.00 Parcel 2 20.00 . TOTAL: 100.00 In the event the Owner of a building expands its building into the Expansion Area shown on Exhibit "A", the above percentages shall be rec�lculated based upon any increase in the total floor area (excluding mezzanines and basements not used for the sale or display of inerchandise) of said building from the figures set forth above. The Maintenance Director shall not be entitled to reimbursement from any Owner (or its tenants or age�nts) for any item of Common Area maintenance or insurance expense (including the ten percent (10$) service charge described in Article 6 above) for which a bill is not submitted to 6 said Owner (or its tenants or agents, as it may direct) within ninety (90) days after the end of the calendar year in which said expense is incurred. 7•2 The Owner of Parcel 2 may, upon not less than ten (10) days prior written notice to the Ma(ntenance Dlrector, inspect the Maintenance Director's records for all Common Area maintenance and insurance expenses incurred during the preceding calendar year at the Maintenance Director's. General Offices at any time during reasonable business hours within one (1) year after the end of said calendar year. If said inspection reveals an overpayment of Common Area maintenance and Insurance expenses (including the ten percent [10$] service charge described in Article 6 above), the M11aintenance Director shall reimburse the Owner of each Parcel (or its respective tenants or agents, as it may direct) its proportionate share of any such overpayment within thirty (30) days after completion of said inspection and receipt of notice of,determination and the amount of any such overpayment. If said inspection reveals an underpayment of Common Area maintenance and insurance expenses (including the ten percent (10$J service charge described in Article 6 above but excluding all expenses for which a statement was not timely submitted pursuant to Section 7.1 above), the Owner of each Parcel shafl reimburse the Maintenance Director its proportionate share of any such underpayment within thirty (30) days after completion of said inspection and receipt of proper billing in accordance with Section 7.1, If said inspection reveals that the Mai�tenance Director misstated Common Area maintenance and insurance expenses by more than five percent (5$), the Mafntenance Director shall reimburse the person making such inspection for all costs reasonably incurred in making such inspection within thirty (30) days after completion of safd inspection and receipt of notice of determination and the amount of� any such misstatement. The Maintenance Director's expenses for any calendar year shall be deemed correct if the Owner of Parcel 2 does not give the Maintenance Director written notice of any such overpayment or underpayment within the one (1) year period provided. , 8• Effect of Sale by Owner. 8.1 In the event an Owner sells all or any portion of its interest in its Parcel, such Owner shall thereupon be released and,�discharged from any and all obligations as Owner in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and 7 conveyance of title. The new Owner of any such Parcel or any portion thereof (including, without limitation, any Owner who acquires its interest by foreclosure, trustee's sale or othe�wise) shall be liable for all obligations arising under this Agreement with respect to such Parcel or portion �thereof after the date of sale and conveyance of title. 9• Default. ' 9.t In the event any Owner fails or refuses to pay when due its share of any bill for the Common Area malntenance and insurance expenses described a6ove (including the ten percent [10$j service charge described fn Article 6 above), which failure continues for a period of ten (10) days after receipt of written notice thereof, such failure shali constitute a default and legal action may thereafter be instituted against the defaulting Owner by the Maintenance Director or other person paying the maintenance or� insurance expenses (including the ten percent [10$] service charge described in Article 6 above) of the defaulting Owner ("Curi�g Party") for raimbursement plus interest from and after the date said bill was due and payable at a rate equal to the lesser of (i) the highest rate allowed by law and (ii) the rate five percent (5$) above the prime interest rate charged from time to time to corporate borrowers of the highest credit standard by First Interstate Bank of Oregon (the lesser rate being hereinafter referred to as the �efault Rate). Furthermore, the Curing Party shall have a lien on the Parcel of the defaulting Owner for the amount of said expenses (including the ten percent [10$] service charge described in Article 6 above) plus accrued interest as set forth above, and costs of collection and reasonable attorney's fees; provided, however, that if there be a bona fide dispute as to the existence of such default or of the amount due and all undisputed amounts are paid, there shall be no right to place a lien on such Owner's Parcel until such dispute is settled by final court decree or mutual agreement. 9•2 In the event an Owner fails to pay when due all taxes and assessments described in Article 4 above, which fallure continues for a period of ten (10) days after receipt of written notice thereof, such failure shall constitute a default and any other Owner or Prime Lessee ("Curing Owner") may thereafter pay such taxes if such taxes are delin'quent and the owing Owner has not commenced and is not duly prosecutiny any contest of such taxes. 7he Curing Owner shall then bill the defaulting Owner for the expenses incurred. The defaulting Owner shall have fifteen (15) days within which to 8 • PaY the bill. If the defaulting Owner does not so pay, the Curing Owner shall have a lien on the Parcel of the defaulting Owner for the amount of the bill, which amount shall bear interest at a rata equal to the Default Rate from the date of expiration of said fifteen (15) day period until ' paid; provided, however, that if there be a bona fide dispute as to the existence of such default or of the amount due and all undisputed amounts are paid, there shall be no right to place a lien on such Owner's Parcel unti! sr�ch dispute is settled by final court decree or mutual agreement. 9.3 In the event any Owner fails to perform any other provision of this Agreement, which failure continues for a pertod of thirty (30) days after receipt of written notice specifying the particulars of such failure, such failure shall constitute a default and any other Owner or Prfine Lessee may thereafter institute legal action against the defaulting Owner for specific pe'rformance, declaratory or injunctive rellef, monetary damages or any other remedy provided by law; provided, however, that the defaulting Owner shall not be deemed to be in default if such failure to perform cannot be rectified within said thirty (30) day period and such Owner is diligently proceeding to rectify the particulars of such failure. 9.4 In the event the Maintenance Director fails to perform any of the provisions of this Agreement, which failure continues for a period �f thirty (30) days (ten [lOJ days in the event of failure to pay money) after receipt of written notice from any Owner or Prime Lessee specifying the particulars of such failure, such failure shall constitute a default and any Owner or Prime Lessee may thereafter institute legal action against the Maintenance Director for specific performance, declaratory or injunctive relief, monetary damages or any other remedy provided by law or may perform the obligations of the Maintenance Director specified in said notice of default and offset the cost thereof from amounts due the Maintenance Director; provided, however, that the Maintenance Director shall not be deemed to be in default if such failure to perform (excluding the payment of money) cannot be rectified with�,� said thirty (30) day period and the Maintenance Director is diligently proceeding to rectify the particulars of such failure. � 9.5 In addition to the foregoing, in the event aiy person is required to initiate or defend any legal action or � proceeding to enforce or interpret this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its � reasonable costs and attorney's fees on any appeal) as determined by the court in the same or a separate proceeding. 9.6 The failure of a person to insist upon strict performance of any of the terms, covenants, conditions or agreements contained he'rein shall not be deemed a waiver of any rights or remedies that said person may have, and shall not be deemed a waiver of any subsequent breach or default in any of the terms, covenants, conditions or agreements contained herein by the same or any other person. 9.7 In addition to the remedies set forth in this Declaration, each person shali have all other remedies provlded by law or statute to the same extent as if fully set forth herein word for word. No remedy herein conferred upon, or reserved to any person shall exclude any other remedy herein or by law provided, but each shall be cumulative. . 10. �ten for Expenses or Taxes. 10.1 The lien provided for (n Article 9 above shall only be effective when filed for record by the Curing Qwner or Curing Party as a claim of lien against the defaulting Owner in the Office of, the Recorder of Washington County, Oregon, signed and verified, which shall contain at least: �a) An itemized statement of all amounts due and payable pursuant hereto; �b) A description sufficient for identification of that portion of the real property of the defaulting Owner which is the subject of the lien; ��) The name of the Owner or reputed Owner of the property which is the subject of the lien; and (d) The name and address of• the. Curing Owner or Curing Party. 10•2 The lien, when so established against the real property described in the lien, shall be prior and superior to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property after the time of filing the lien. The lien shall be for the use and benefit of the person curing the default of the defaulti�g Owner and may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction. � �1. Right to Maintaln Parcel Separately. 11•1 Any Owner may, at any time and from time to time, upon at least sixty (60) days prior written notice to the M�intenance Director and the other Owners, elect to assume the obligations of the Maintenance Director to maintain, repair and replace such Owner's portion of the Common Area, except for resurfacing, lighting and other costs which cannot be practicably segregated or allocated between the Parcels, which costs shall continue to be proportionately paid for by each Owner (or its raspeCtive tenants or agents, as it may direct) pursuant to the formula in Article 7. In the event of any such assumption by any Owner, such Owner agrees to maintain, repair and replace its portion of the Common Area at its sole cost and expense and in a manner and at a level of quality at least comparable to that of the Maintenance �irector, Any such Owner may also elect to terminate its obligation to maintain, repair and replace its portion of the Common Area by giving at least sixty (60) days prior written notice to the Maintenance Director, in which event the Maintenance Director shall resume its duties with respect to said Parcel and the Owner�so electing agrees to pay for its pro rata share of all Common Area maintenance and insurance costs (including the ten percent [10$] service charge described in Article 6 above) thereafter incurred by the Maintenance Director in accordance with the formula in Article 7. Anything in the preceding sentence to the contrary notwithstanding, the Owner electing to terminate its obligation to maintain, repair and replace its portion of the Common Area shall return said Common Area to the Maintenance Director in the same quality and condition as the balance of the Common Area, any failure of which shall be corrected at the sole cost and expense of said Owner. 11•2 The Owner of any. Parcel electing to assume the obligations of the Maintenance Director' pursuant to Section 11.1 above agrees to indemnify, defend and hold harmless the Maintenance Director and the Owners and occupants of all other Parcels from and against any and all liability, claims, damages, expenses (including reasonable attorney's fees and reasonable attorney's fees on any appeal), judgments, proceedings an� causes of action for injury to or death of any person or damage to or destruction of any property occurring on said Owner's Parcel and arising out of•�the performance or nonperformance of any of the obligations of the Owner of said Parcel set forth in this Article 11 unless caused by the negligent or willful act or omission of the indemnified person, its agents, contractors or employees. 11 12• Responsibility (f No Maintenance Dfrector. 12•1 In the event there should at any time cease to be a Maintenanc Qirector, each Owner shall be responsible for the maintenance, insurance an lighting of its own Parcel according to the standards herain enumerated. I the event any Owner defaults in the performance of such obllgations, any othe Owner may cause the performance of the obligations of the defaulting Owne� and bill the defaulting Owner for the expenses incurred, In such event, thf provisions and remedies of Articles 9 and 10 shall apply, 12.1 In the event there should at any time cease to be a Maintenance Director, each owner agrees to indemnify, defend and hold harmless the Owners and occupants of all other Parcels from and against any and all liability, claims, damages, expenses (including �reaFonable attorney's fees and reasonable attorney's fees on any appeal), judgme�ts, proceedings �and causes of action for injury to or death of any person or damage to or destruction of any property occurring on the indemnify(ng Owner's Parcel and arising out of the per-farmance or nonperformance of any of the obiigations of the Owner of said Parcel set forth in Section 12.1 unFess caused by the negligent or willful act or omission of the indemnified person, its agents, representatives or employees. 13• General Provisions. 13.1 This Agreement shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives, successors and assigns, and upon any person acquiring a Parcel, .or any portion thereof, or any interest therein, whether by operation of law or otherwise. 13.2 The term of this Agreement shall be for sixty-five (65) years from the date hereof; provided, however, that this Agreement shall terminate automatically upon the expiration or earlier termination of the Declaration. 13.3 Anything in this Agreement to the contrary notwithstanding, no breach of this Agreement shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value, but this Agreement shall be binding upon, and be �ffective aga(nst, any Owner whose title is acquired by foreclosure, trustee's sale or otherwise. I 13.4 Each term, covenant, condition and agre�ment contained herein respecting any Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and •each part thereof and shall run with the land. 11 � 13.5 This Agreement may not be modified in any respect whatsoever or terminated, in whole or in part, except with the consont of the Owners and Prime Lessees of the Parcels contafning eighty-five percent (85$) of the total square footage of Building Area in the Shopping Center at the time of such modification or termination, and then only by written instrument duly executed and acknowledged by all of the required Owners and Prime Lessees, duly recorded in the office of the Recorder of Washington County, Oregon. No modification or termination of this Agreement shall affect the rights of any Lienholder unless the Lienholder consents in writing to the . modification or termination. 13.6 Except where otherwise specifically stated to the contrary, all consents and approvals required hereunder shall be given within thirty (30) days after receipt of written notice specifying the section pursuant to which such consent or approval is requested and including copies of all documents reasonably required to grant such consent or approval. In the event written notice of approval or disapproval (with reasons specified) is not given within said thirty (30) day period, sajd request shall be deemed disapproved, 13•7 Whenever the consent or approval of any Owner is required, such consent or approval shall be exercised only in the following manner. Each Parcel shall have only one (1) vote. The Owners (if consisting of more than one [1J person) of each Parcel shall agree among themselves and designate in writing to the Owners and Prime Lessees of each of the other Parcels a single person who is entitled to cast the vote for that Parcel. If the Owners of any such Parcel cannot agree who shall be entitled to cast the single vote of that Parcel, or if the Owners fail to designate the single person who is entitled to cast the vote for that Parcel withtn thirty (30) days after receipt of request for same from any Owner or Prime Lessee, then that Parcel shall not be entitted to vote. In the event a Parcel is not entitled to vote, its consent or approval shall not be necessary and the total square footage of Building Area located on said Parcel shall be disregarded for the purpose of computing the percentage requirement set forth in Section 13.5. Except as 'otherwise set forth in Section 13.5, in the event an Owner sells its Parcel and becomes the Prime Lessee thereon, said Prime Lessee is hereby appointed the entity to cast the vote or give the consent for said Parcel on behalf of the �wner thereof and is hereby granted all of the rights and remedies granted to the Owner of said 13 ' Parcel so long as it is the Prime Lessee of said Parcel, anything in this Agreement to the contrary notwithstanding. 13.8 All notices given pursuant to this Agreement shall be in writ(ng and shafl be given by personal defivary, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the appropriate party by name and address shown on the then current real property tax rolls in Washington County, Oregon. All notices to First Party, Second Party or Albertson's shall be sent to the address set forth below: First Party: Westwood Co�poration 3030 S,W, Moody Avenue Portland, OR 97201-4897 Attention: Vice President, Real Estate Albertson's: Albertson's, Inc. 250 Parkcenter Boulevard ' P.O. Box 20 eofse, Ip g372g Attention: Legal Department The person and address to which notices are to be given may be changed at any time by any party upon written notice to the other parties. All notices given pursuant to this Agreement shall be deemed given upon receipt. For the purpose of this Agreement, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document as shown on the retu.rn receipt, (ii) the date of,actual receipt of the notice or other document by the person or entity specified pursuant to this Section, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt or (C) the date •of �eceipt of. notice of refusal or notice of nondelivery by the sending party. 14. Sale G Sale-leaseback Purchaser. 14.1 Notwithstanding anything to the contrary contained in this Agreement, it is expressly agreed that in the event an Owner sells its Parcel to an unaffiliated third party and thereafter enters into � net lease for such Parcel with such third party or its lessee or sublessee (hereinafter referred to colleciively as the "Prime Lessor"), so long as said Owne,r is in possession of ! the property as a Prime Lessee the parties hereto shall look solely to said Prime Lessee (and said Prime Lessee shall be liable'therefor) for the performance of any obligations either the Prime Lessee or the Prime Lessor shall have under 14 � this Agreement and the Prime Lessor shali be relieved of any obligation for the performance of or liability for any of the terms, covenants, conditions or agreements set forth herein relating to either the Prima Lessee or its Parcel. 14.2 If the Prime Lessee defaults in th� performarice of any term, covenant, condition or agreement contained in this Agreement upon its part to be performed and if, as a consequence of such default, any other person shall recover a money )udgment or other judicial process requiring the payment of money against the Prime Lessor, such judgment shall be satisfied only out of, and the sole and exclusive remedy of any such person shall .be against, the proceeds of sale received upon execution of such judgment leviad thereon against tha right, title and interest of the Prime Lessor in its Farcel ar�d out of the rents and other income or revenue from such property receivable by the Prime Lessor, or out of the consideratlon received by the Prime Lessor from the sale or other disposltion (including a condemnation) of all or any part of the Prime Lessor's right, title and interest (n such property and the improvements thereon or out of the insurance proceeds received by the Prime Lessor respecting any casuelty affecting the improvements on the property, and neither the Prime Lessor nor any partner, director, shareholder, employee or trustee thereof shall be personally liable for sucFi judgment nor for any deficiency in the payment of such judgment. Such judgment and the satisfaction thereof out of the proceeds of sale received upon the aforesaid execution and levy against the right, title and interest in said Parcel, the improvements thereon and/or out of the aforesaid rents or other income or revenue, and/or out of the aforesaid consideration from the sale or other disposition thereof or said insurance proceeds shall In all events 6e subject to the lien of any first mortgage or deed of trust u.pon all or any portion of such property. 14.3 In the event of the expiration or earlier termination of the interest of an Owner, its successors or assigns as Prime Lessee of a Parcel or any surrender thereof to the Prime Lessor or any nominee of the Prime Lessor which shall hold said interest for the benefit of the Prime Lessor, the Prime i Lessor shall become liable for the performance of the thereafter accruing obligations under and pursuant to the terms of this Declar�tion relating to said Parcel. � 15• 5everabllity. 15•1 If any term or provision of this Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of thls Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, a�d each term and provision of this Agreement shall ba valid and sha11 be enforced to the axtent permitted by law, 16. Not a Partnership. 16.1 The provisions of this Agreement are not Intended to create, nor shall they be in any way Interpreted or construed to create, a joint venture, partnerahtp, or any othar similar relationship between the parties. 17. Captions and Headings. �7•1 The captions and headings in this Agreement are for reference only and shafl not be deemed to define or limit the scope or intent of any of the terms, covenants, cond(tions or agreements contained herein. 18. Entire Agreement. 18•1 This Agreement contains the entire agreement between the parties hereto and supersedes all prior' agreements, oral or written, with respect to the subject matter hereof. The provislons of this Agreement shall be conatrued as a whole and not strictly for or against any party. 19. Construction. 19.1 In construing the provisions of this Agreement and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and tha use of the plural shall include the singular. 20. Jotnt and Several Obligations. 20•1 In the event any party hereto is composed of more than one person, the obligations of said party shall be joint and several. � 16 21. Recordation. , 21.1 This Agreement shall be recorded in the Records of Washingtor County, Oregon. EXECU7ED as of the day and year first above wrftten. • Albertson's, Inc., FIRST PARTY: a Delaware corporation Westwood Corporation, an Oregon corporation BY: � BY: � �% � � Senior Vic President � � \ � � � � Vice�President, Real tate B Y: .�y,ti,,,a � � � BY: Secretary Secretary �t-� � �"'e 17 � � STATE OF IDAHO � County of Ada � ss. ) On this f '�+ day of �� undersigned, a Notary Public in and for sald State, 19� before me, the Thomas R. Saldin and Minnie 0. Armstron Personall a President and the Secretar 9. to me known to be the Sen o�eVice that executed the fore oiny� reSPectively, of Albertson's, Inc., the corporation 9 g instrument, and acknowledged to me that the said instrument is the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, authorized to execute the sald (nstrumentn and nthatththetaseal affiacedhe s the corporate seal of said corporation. � WITNESS MY HAND and off(cial seal hereto affixed the day, month and year in this certificate first above �yr�tten. My commission explres; . 1 Z� c,� � . • ot ry Public in and for t e e of Idaho. Reslding at Boise, Idaho. STATE OF OQCE.��I � County of(4ll�l,TT,p�� Ss. On this `�i-�ti day of _,�j� undersigned, a Notary Public ir ana tor said State,� 1987' before me, the kno��` �ay� '-'� ^ and Personally appeared � �� ne v.Y /�F,�i r_.� -��r�c D �� F'nv to me Corporation, "'T---��—i- ��d ��,y respectively, of� West�yood the corporation that executad the foregoing Instrument, and acknowledged to me that the said instrument is tha free and voluntary act and deed of said corporation, for the uses and oath stated that they are authorized to execute the saide nstr meent and�tha t the seal affixed is the corporate seal of said corporation. WITNESS MY HAND and official seal hereto affixed the day, rnonth and year in this certificate first above written. My commission expires: '� . " �in-t�u4l I�r l��ti� � ��, ►( Notary Public in and for the State ot Residing at D� I� � .� 18 SCHEDULE I Parcels 1 and 3 through 10: Bep,inning a[ the Quarter Corner on [he North J.ine of Sectioa ]5, Tovnship 2 South, P,�ngc 1 ►Jest of [he Willamette Aieridien in I•'ashinp,t�n County, Qregon; Thence Notth 89'S7'21" East a].onP the North ].ine of said Sectlon, 2Q]..21 feec; Thence �ou[h 00'02'39" Enst 45.qQ f.eet [o the TRUE POINT OF DECINiIING; Tlience North 89'S7'21" Gast parallei wi[h the Nor[h line of said Section ].S, a dist- ance of 403.68 feet; Thence Southeasterly a].on� the arc of a 25.00 foot rad- ius curve to the right (the cliord of wl�ich bears &r.uth 45°05'S1" Eas[ 35.32 fee[) a distance oE 39.22 feet to a point which ia 30.00 feet west of the centerl.ine of S,W, 17.3th Avenue; Thence South 00'09'02" f;ast naral.].el with said S.W. 113th Avenue, a distance of 615.95 feet to a point on the South line of Parce]. IIZ as described in a Real Fstate Contract to h'illiam Bro�,msen II and Judith H. Brosrnsen, recorded Septenher 16, ].9I30 as Recorders Fee No. 80032465; Thence i7or[h 89'S8'42': tilest aJon� said South ]ine, a distance of 629.36 feet Co the Southweat corner tt�ereof. said point being on the East line of the Ilorthvest One �uarter of said 'Section 15; Thence South OQ'08'Sa" Exsc alonq the East line of the Northwest Ona Quarter of said Section, a distance , of 353.17 feet to the Southeast corner of that tract of land conveyed to lloun[ain Park 1!ealth Care Facilities, Inc. by Real Estate Contract recorded in Dook 1121, Pa�e 125, Deed Records for h'ashinGton CounCy� Orer,on'; Thence i�orth 89°54'26" F7est along the South line of sa�d Tract� a distance of G49.�9 .feet co an iron rod on the .Easterly ripht-of-vay J.ine of S.fd, n8cific Hi¢hiray; Thence 17ortheastez].y a]onR said right-of.-way 7,ine on the arc of a 3769.72 foot radius curve to the right (the chord oE which bears iiorth ].4'35'31" Eas[ 400.72 feet) a distance of 4f10.91 f.eet to an'iron rod onposite Engineers Sta[- ion Ln 212+/�5.73 P.S.C.; Thence Northeasterly continuinR al.ony said righ[-of.- • �+ay line on the arc of a spira] curve to the ri¢ht (the chord of which bears North 17°46'13" East ]..13 feet) a distance of 1.13 Feet to a point on the Sou[h line oE that [ract of. land co�veyed to Herbert W. Dayson and Betty Jean Dayson by �+eed recorded in Rook 479, Page ]3b, Deed Records for 6'ashing[on County, Oregon; The�ce NorCh 89°50'18" Tlest along said South line, a distance of ]0.49 feet to a point marking an an�;];e point in said llighway right-of-way ].ine; Ttience ttortheasterly alonq said riqht-of-vay ]ine on the arc of a 3719•12 foot radiiis curve to the rirht (the chord of �ohich bears North 17°37' 24" East 2.02 feet) a distance of 2.02 feet ta a point opposite Engineers • . Station Ln 21.2+45.73 P.S.C; Thence Northeasterly'al.ong said right-of-way line on the arc of. a spiral curve to the right (the.chord oE s�hich bears , North 19°31'45" East 372.85 Eeet) a distance of 372.89 f.eet to an iron rod opposi[e LnAineers Station Ld 208+70,73 P.S.; Thence North 20'34'S3" East continuing along said riqht-of-way ]inr.� a distance of 362.67 feet to an iron rod; Thence ilorth 65'27'40" L•ast 28.16 feet to an iron rod on the Souther7.y riFht-of-vay ]ine oF [he relocated portion of Durham Road; Thence �outh 69'3Q'00" Eas[ a]on� the Southerlp rlpht-of-�+ay ]ine of. sa�d . Durhae� Rand, a distance,of 735.49 feet; Thence South 00'02'39" F.ast 362.38 feet; Thence Tiorth 89'S7'21" East 29.18 feet; Tlience South �0°02'39" East 137.33 feet; Thenee South 09°57'21" i�lest 1.00 feet; Thence 5outh 00'02'39" East 1.44.12 feet; Thence South 89°58'G2" East 264.00 feet; Thence l�orth 00°02'39" k'est ].44.43 feet; Thence South 89° 57'21" West 1.00 feet; Thence Nor[h 00°02'39" I��est 345.83 feet; Thence North 09'S7'2]." Last 7�.29 feet; Thence I�or[h 00°02'39" 6'est 1].(1,06 f.eet to the point of beginnin� and con[aining 161,835 sQusre feet of. ].and, more or less. .� . . � . � SCHEDULE I Parcel 2; Rep,inning at [he ��iarter Corner on_ the Noreh ].ine of SecLion 15, Tovnship 2 South, Rnnae 1 Ha�t of the t�'tl].ametts ilerldian in lJashinRton County, OreRon; Thence North 89'S7'21" Cast along the iJorth line of said 5ection, 201.27 feet; Thence South 00'02`39" East 45.00 feet to [he TRUE POINT OF $ECINNINC; Thence .South 00'Q2'39" East ].10.06 feet; Thence South 89'S7'21" West 73.29 feet; Thence South 00'02'39" Last 3G5.83 feet; Thence North 89'S7'21" East 7,'f10 feet; Tlience South 00' 02'39" East 144,43 feee; Thence 17orth 89•58'42" Weat 264,00 feet; Thence North 00•02'39" 47eat 144.12 feet; Thence North 89'S7'21" East 7.00 feet; Thence North 00'02'39" West 137.33 feet; Thence South 89'S7'21" West 29.18 feet;� Thence North 00'02'39" l•)eat 362,38 feet to a point on the. Southerly right—of—Way line of Durham Road; Thence South 69'30'00" Eaet along said Southerly right—of—vay line a distance of 30.17 �eet; Thence Southeasterly aiong said rip,ht—of—way ]ine on the.arc'of a 522.46 foot radius curve to the left (the chord of �ahich Usars South 79°46'20" East 18b.33 feet) a distance of ].87.34 feet; Thence North 89'S7'2]" East parallel vith the Nor[h line of said Section 15, a distance of 140.88 feet to the point of beRinning and containinR 172,520 aquare feet of land� more or less. . .� � � • �,� w � ` � � � � ; r C�y� � \ ` ` ` S.�A4 � ': g �,r. �F�c . ' y .c � q �� 9iCHn r i �� '� I y �`� '� � �� y I '� � � . � � '� -o •� •� o .� ;, b'C��b • ;o' _\ . � •� i '� '�. � � i � p I i "' e�� . i�• � �;��;��\\\\\� �. � i I � �� ———�,i-^———� �.• ir t.• e.• i � `' .� � \ I : i�l 41� '�Do 0 � i � � �� '�re°3 li ��C I 'diT'-' ' nr-�• O � // , r I; ; CA �I ___ CY �.OpQ ` � � i �— I'� � i . ioo. j +� ,� �q. . �1 \ �� ---L�L-- •I /' ` � � \ —.---� ! i � ' ---- --;; �� ; � •'k ; ------ -a-------------1 '.�` �' i � . "' , P I � � ��• C ,.,� ' I I j , r i � � .��.o•�.�. . � I i F � � ` ; I I I 1 � � w: . � I I I ' — i° o "+ I I 8 � � = 0 ' , , I � i _ � � I � `�( � �� ; o q---•—•—•—•—•—•--�.!.L1--- N a � � �. � i�= c� o � "� � � � � � � z I -{= i � = U o C"� I s � I ��• .> I i b - i � 1 \\\�� ' � I I R ��CCC��CCCJ 6�� I i � g� ; �� i\ � � , r�} ��C��C�,\��11 � ! i " � ' � ; i i , � ' ,,,• Q\\�R�� „ I I � i � '°� i I �� g$ � :,•� . � . i �r CN90 �. . . d�� i i I � � � � � ' I ��,L � i u, ,o. I _ � I � �j �� =� �---�-� . � i � �- ------�-------------�------- >{� --_.. � . ,, y � __ � _'_'_'_ _"_'_'_'_' — S.N.I131h4VE."_'_'—'_'_'_'—'! �� I I n�� 7 Q i T�C�f+D TOR+E SQVUtt SJl.C.PAG�rC Mpte►wT A DUwfw T�CartD.O�GOer I III `I �sif ,��a, , ,,.,., � I /,_ ;, FIR,ST �NDMENT TO DECLARATION OF RrSTRICTIONS AND GRANT OF EASEn�ILNTS bATED; January �, 1994 PARTIFS: TED L. MILLAR AS TRUSTE� QF THE TED L. MILLAR LIVING TRUST ("First Part Y") AND: ALBERTSON'S, INC,, a belaware Corporation ("Albertsons") RECITAIS A, Westwood Corporation, Developers & Contractors, was the original First Party under the Declaradon described below; its successor as First Party is Ted L. Millar as wstee of the Ted I„ Millar Living Trust. Pirst Party and Albertsons ente.red into a certain Declaration of Rcstrictions and Grant oF Easements as of June 8, 1987("Deetaration"), afFecting certain real property in the City of Tigazci, County of Washington, State of Oregcn, more particularly described in Scheciule I attached to the Declaration, which was recordcd June 12, 1987, as Docurnent No. 87030100 in the Records of Washington County. B. The parties desire to enter into this First Amendment to reflect certain agreemc,�ts that have been entered into since the Declaration was executed. AGRE�I�ENT �'ar�r�pli 1, The referencc in Section 1.1(b) "Building Area," to Exhibit "A" and all other references to Exhibit "A" in the Declaration as amended hereby shall mean tlie Substitute Exhibit A attached to this First Amendment and incorporated herein by this reference, Upon execution and recording of this First Amendment, the original Exhibit "A" to the Declaratlon sh3li no longer be in eftect. Para�raph 2. Section 1.1(e) "Consenting Owners," is lttrcby deleled and �he follo�ving substituted thcrcfor: Section 1.1 (e) "Consenting 4wners": Tlie Ten�nt of Parcel 4 and tlie Owners of Patcels I, 2, 3, 4 and 10; provided, however, that in the event any such Owner sells its Parcel and becomes the Prime Lessee thereon, said Prime T_.essee is hereby appointed the entity to cast the vote or give the consent fur said Parcel on behalf of the Qwner thereof so long as it is thc Prime Lessea of said Parcel, [Jpon termin�ti� on of tli��se between First Partv and PavLess Drug y5tores Northw�st inc ("Payi.css"1 � Marvl�n�3 corno�, ration,��hich lease fPu ects parcGf_4. the Tcnnnt of P�rcel 4 wi11 no I�nQCr be a C__�nsentinQ nwner. and thereafter the Owner of Parcel 4 ,v�11 �,i,,,e,,�1 C�nsentine Owner. The parties acknowlcdee that First P�rtv h�s entere�f intn � Lease AQrecment dated_F'ebn,arv 4, 1992 with Ernst Hom� Center Inc. ("Frnst"l � }5'ashin ,gn cornorati��, which lep�g aff�ects Par�el 10.�nd thas,in such le�i�e �'irst P;it7v has ��reed not to;imen�mgdifv or alter the Declar:�tinn Fvithoiit th,• �vrittcn con�ent of Erns�, which consent shall n t be Unre�Son�l�lY��ithheld. P11Ca�ph 3• Section 1.I(h) is hereby deleted and the following s�:bstituted therefor: Section 1.1(h) "Pirsc Pany";�esttiveac��s�peret-�er�-;-a�0regen-e�o�eeaEieH "I'„� L. �9ill�r as tn►stee� pf the Ted I�i Mill�ar LivinE Trust. ��r�ph 4• The reference in Scction 1.1(I) lo Schedule I and all o�r,er references to Schedule I in the beclaration as amended hereby shall mean Substitu�e Schedule 1 attached to this First Amendmen� and inenrporated herein by this refercnce, �tST AJt�NDMENT TQ DI:CI,ARATION Pn�� ' ' r 9.� l�ith respect to t, ,�ilding �,,,,ght limitations in Section ?,3 (d), the parties aeknowledge that they have consented to construction of a bank building on Parcel 6 (4Yashington Mutual Bank) of a height oF twenty-pne feet (�i'), �r ra Scction 4.3(Signs), is hereby deleted and the following substituted therefor: 4,3 Signs: (a) St� ' ,—twe T,�vo free-standing signs s+�a��-�e v h en erected at the locations designated "Center Pylon Sign" on ub tit�te Exhibit "A." Such signs shal]disp3ay the designation of the Owner or occupant or Parcei 2 pnd_the occup��ntS of p�� q,�wi�� and, provided the amount of signagc otherwisc permittcd by governmental authority to the Owner or occupant of Parcel 2 � ka t}e.p.� i��nnls o,f Pflrcels q��p js not adversely affected thereby, the i ns sh�ll fllso diS�lny the designation of the Shopping Ccnter a» F�}�e� ��9�t � Any such business, in�luclinp tlic � �� t Q Ar ,�Is. a�nd 10 in order to display its designa�inn on the Center Pylon Sign, must occupy not less than 20,000 square feet of ground floor area. Tf�e cost oF constructing, installing, maintaining, repairing and replacing the Center Pylon Sign pylon scn,etures (cxcluding �lectrical hookup to tho Common Area meter) shail be paid by the Owners gn_d occuq�ntg of all Parcels eatitled to display designations thereon (u-ith the Owner of Parcel l being responsiblc for thc cost uf [he designation oF the Shopping Center) in the proportion that the total square footage of cach Owner's or occ��o�nt„� designation or designations bears tn the total square footagc of all dcsignativns cn�itled to be displayed thereon•h wev r n o I n of the ri in�l c cts of con �stnictin and in tallin the existin en er lon i nc sh�ll be � �1 f. eitl, r Pa Lesc o�• �rns . If i Ynrt tim t ha he t of n f the fore oin �sork on thc en er lon i n will xc 1 00 hen i P�rt must ob ain hc �rior v rovnl� of h �vncr r cc� �f Parcel 2 and i the occu stnt. f P�rcels A �nd_.,_ 10 befo,r� h�vine s��ch�or c dQ`e, �ere sh�ll be no fee char ed for the i,se af Lhe Center T'vlo�n ,�S;�n� Each porson displaying a dcsignatiu�i oii the Centei Pylon Sign shall supply and maintain its own sign fascia and can. The design of the Ccnter Pylon Sign pylon structure shall be subject to the approval of the Consenc;ng O�+-nors, as shall be the size, design and location of ihe sign fascia used; provided, however, tlia� Albertson's and other persons occupying not less tl�an 20,000 square feet oF ground floor area may usc such standard fascia as they from time to time use generaUy in Carr��ing on their businesses. 'I'he Owner or occupant of Parcel 2 stiall f�ave the top designation on the Center Pylon Sign. (b)Tl�ere shall be no otl�er signs, except direetional signs and signs on buiidings, in the Shopping Center�nd exceot for stens that nrg required b��nble la�rs f�r ex m le r•i in si n r 1 ed o the a a i n on P cel . All extcrior building signs on Parctls 1, 3, 4, S, 6, 7, 8, 9 and 10 sha11 be restncted to identification.of the business or'service loeated or ptovided therein. No exterior building sign shalf be placed on penthouse wa]Is, extend above the building roof or be painted on the exterior building surface, except, with the prior written approval of the Owner of Parcel 2�nd oca,nant � �f Parcel 4 as to the tocation, size and aPpearance thereof, tha Owner of Parcel 1 may place a de5ignation of the Shopping Center on the building on Parcel � which does not conform to the above. No exterior building or free-standing sign shall ucilize flash�r,g, moving or audible lights or appurtenances. �F.�k�h 7, Scction 5.1 (Food Restrictionsj is hereby deleled,and the following f� substituied therefor: S.1 Food Restrictions: No part of Pareel 1, 3, A., 5, 6, 7, 8, 9, or 10 sha�ll bc used as a supermarket (whieh sha.11 he deflned as any store or departmenc containing ac 1Gas[5,000 squate feet of f7oor area, including aisle space and storagc, primarily devoted to the retail sale of food for off-pramises consumption); as a bakery or delicatessen (except that a sandwicli s1wp, o[her resWUrant or store may sell baked goods or delicatessen items [i.e,, processed meat, eheeses and salad sold by weight or volumi:� for off-premises consumption so l�ng as the sale of such goods and items for off-prcinises consumption does not exeeed twenty-five percent (25%) of the tota] sale of such goods and itcros); for the sale of fresh or frozen meatLfish, pOUltfy or produce for off-premiscs consumption (except that a restaurant or store�may se11 such items for off-prertiises F1]iSI' A.MEKDMENT 7"0 llEC1,ARATfON Pnge 2 , � con5ump�iu,. � iong as the sale of s ,ems for urf-premises consumption does no� � exce.e�J twenty-five percent (25%) of the tot�l sale of such items); or for thc salc of alcoholic beverages for off-premises consumption, except that a liquor store o crat the Stace of Oregon or one of its agencies shall be permittod, and except chata score or restaurant may sc!!alcoholic beverages for off-premises consumption so long as the sale of such alcoholic beverages for off-premises consumption does not exeeed twenty-five percent (259b) of �the total sale of alcohuiic beverages. fhe foreQOinP restric,,, tiop I I v r hnll n -� - etwe n x'i t p nd � � dur(n he t rm f �h c w ich fl'e arccl4 ��$� Wi[h respeet to Se.ctlon 5,2, the parties acknowledge tl�at�hey have consented to a c;.�•was1� vn Pazcel 8 operat in eon o��n with a�as� s�t�on} ""1—� d�� ;�� ith respcct to Se�tiun 5.4, the parties acknowledge thae�� a�e ' consented to driveup and drive through eustomer serviee facilities as shown on Substitute Exhibic� A [�azcel 6, Washington I�f tual Bank and West ne Rank(formerly Wnshington Feder�il Bankj; ? Parcel 7, MeDonald's; and arce! 9, K�y Bank, r �`' � 1 new Section 5.6 (Arug Restriction) is hereby added as follows: 5•�' D�'►ig Restrlctiocu: �xcept for ParCels 2 apd q, no portion of the 56opping Center sl�all be occupied or used for the purposes of a busfness, trade o� professipq whlch requires or has a Itcense or permIt to conduct a ph�rp�aC}', or whict� employs or is required to employ a registered or licensed pharmacist, nor for the conduet of any store, business, trade or professinn ,vhicl� is calted, la�eled, named or is co monly kno►vn or referred to as a "d►vg store," "ph��ZCy" or "apothecary," a►vever, this restrictivo use covenant sha[I automatically ex ;re if ' PArccl 4 is n used s�s a "drug store," "pharmacy" or "apothecary" for a cont nuous period of one-hundred eighty(180) days. This 1$0-day period shalt be extended for uny busineSS Closure resulting directly from construction, labor disputes, iriclement wc her or any other eveots beyond the reasonAble cantrol of the occupnnt of Parcel 4 A10-Pa�-ef-Parcei-2-strul e u r'the afPe�r-lbr-sat�-T' °�� s s �trurn7a-c�nr;�r ° 'SFAYT�ss'1s se'11ing sucti p'ro`ducts from�'I��rce Cf 1 �"' " h � A n`w Sec��o� 5,7 (Home Improvement Restrictions) is hereby addcd as follows: 5•7 Home Improvement Restrictions: (1) The restrictions set forth in Secti 2� �'�� paYZ-ess under its existing lease with First 1'Arty�I'or�to any assig eP ,or subtennnt of PayL.ess pursuant to such lease; or (ili) to Any use by an occupant operating in the Shopping Center as of �'ebruary 4, 1992 but only for so long as such occupant is open for business in the Sliopping Center. �b) Subject t0 the provislons of subsections (a) and (c) uf cl�ls Section 5.7, during ihe tenn of the lease between Ernst and First Party, First Party (unless il has tl�e prior ►vritten npproval of Ernst) shul! not permit an Center to be used for the sale af hardtivnre (except for�y►o�rnra�� 'w��-'��`�oj��bg� supermurkets), tools, lumber, building mlterials, plurtibi{�g and ele�•�� tu,•eS �J��y, and equipmeut, picture frames, paint and decorating matei•iAl� plants nursery ; (" stock and other lawn a n d g a r d e n s u p p l l e s(e x c e p t foi• p l�n ts, nurs�r scock or other garden supplies sold, stored or displayed by�el;ril supermarkets �ylthin the conrnes of th supermarket building or on the sidewalks immediat� adjaCent [o the front � of th�stor�), nnd la�vn and ga�den tonls. �•• � /' , C c- �--�.., Gx-�cC.� �C�G�6+,t.rt%,;�d�� Za.�t�LLJ l��J ln�y�l� Lvt � . l�f,v�l. (�) The following uses $re not restricted 6y Section 5.7(b): hobby st�op; fs�bric store; sewing cente�; craft store; kitchen shop; furniture store; ►,�aterbed store;spoMing goods store;suto parts store;househoid appliance store; l�ic}�cle�shop; and COmputer store. Pa--r��`-�L-.h� SeCtion 6.7 (Method of Approvat) is hereby dctctcd, and the fo[lowing is substituted thereFor: Ff]2ST A1�NDjvI�P(7'TO DECLARATIQN Page 3 , ' , � 6.7 Method of Approval: Whenever the approval or consent of any Owner is required, Such apprOval or eonsenl shall be exercised only in the following manrier. Each Parcel shall have only one (1) vote. The Owners (if consisting of more tl�an one (1) person) of each Parce] shall agree among thomselves and designate in tvriting to che Owncrs and Prime ,C essees of eaeh of the other Parcels a single person who is entitled to cast the vote for that Parcel. If the Owners of any such Parcel cannot agree who shall be entitled to cast the single vote of that Parcel, or if the Owners fail to designate the single person who is enticled to cast the vote for that Parcel within thirty (30) days after receipt of request for same from any ather Owncr or Primc Lc;ssee, then that Parcel shafl not be entitled to vote. In the event a Parcel is not entitled to vote, its consent or approval shall not be necessary and the total squarc footage of Bu(lding qrea locatcd on said Patcel shai!be disregarded far the purpose of computing�he percentage requirement set forth in Section 6.5. Except as otherwise set forch in Section 6.5, in the event an Owner sells its Parccl and becomes the Prime I„essee thereon, said Prime Lessee is hereby appointed the entity to cast the vote or give{he consent for said Pa�ccl on behalf c�f the Owner thereof and is hereby granted all of thc riglits and remedies granted to tlie Owner of said Patcel so long as it is the Prlme Ltssee of said Parcel, an��thing in tl�is Declaration to the eontrary notwithstanding. ��twithstnndine nnYthin to ihe con r r urin th term of he I ase etwcen �'ir t Pa and pa �,e� p� �S �h�ll be solelv entitled to exer �ce the Par el 4`vote, �ErBph 13 Seetion 6,11 (Notices), subsection (a)is hereby deleted (subsection (b) remains in effect), and the following is substituted therefor; 6.11 Notices: (a)All nodees given pursuant to this Declaration shall �e in writing and shall be given by persona! delivery, by United Scates mait or by Uniteci States express mail or other established express delivery service (s��ch as Fedcral Express), poscage or delivery charge prepaid, retum receipt requested, addressed to the appropriate parcy by name and address shown on the then current real property tax rolis of tl�e counry in which the Shopping Center is located, All notices to Firsl Party, aE Albertsons Ern t and P I shall be sent to the addresses set forth belo�v: First Party: Te illnr � ru t e of th Ted L. Mill, r Livin Tn,st 3030 S.W. Moody Avenue Portland, OR 97201-4897 Attentlon: T�d L, MillAr .�z—r�;v,,;�—D��, � �� Albert5orls; Albertson'a, Inc. 50 Parkcenter Boulevard P,0. Box 20 Boise, ID 8372b . Attention: Lega] Department `� 5' p Dru St res No hwest Inc. Q275� �r� Laiie .YVilsonvillg�� 7070 Attention: Re�l Fsrnte Den��-�ment �'��.�i �rns Home Center, Inc. 1511 5ixth Avenu.g Seuttie, Wechinaton 981p1 Attenf�ion�' M,rL�'i. BEt�n The person and address to which notices are to be given may be changed at any time by any party upon written notice to the other parties, All notices give.n pursuan� to this Declaration 5hall be deemed given upon receipt, r r h 14 Except as amcndc�l herein, the Declaration of ResUictions and Grant of Fasements shall remain in full force and effect, References herein to Sections ue references lo Sections in the Declaration. FII2ST AI�NpR'�NT TO DECLARATION P�ise 4 , • � EXECU"('b_ ,a, of the date first above �, :n, -� ALBERTSON'S, INC. a Delaware corporation By: Titic:Seaior Vic PreSident i r'�� TED L. MILI.AR AS TRUSTEE OP THB TED L. MILLAR LIVING TRUST ay: Ted L, Millar, 'I'tustee PayI.ess Drug Stores Northwcst, In�., hereby consents to and approves the Declaration of Restrictions and Grant of Easements as amended by the foregoing First Amendment. PAYLPSS DItUG STQRES NORTHWFST, INC. By; Title; Emst Home Center, Inc, hereby consents to and approves the Declaration of Restrictions a�id Grant of Easements as amended by the foregoing First Arnendmenc. ERNST HOME CEN'I'ER, 1NC, By; Title: �TRST AMENDMEIYT TO DECLARATION Page 5 � . STATE OA � � County of ) ss. ��C%i�`-C��'��ll _ ) The foregoing instrumcnt was acknowledged before m this� day of 1994 by a r Vice President of Albertson's, Inc., a Deiaware co�poration, on behalf of the corpor�� Notary Public of My commission expires: � STATE OP OREGQN � County of Multnomah ) 9S� ) The foregoing instrumcnt was acknowledged before me this ` day of,_�T 1994, by Ted L, Millar as trustee of the Ted L, Mi11ar Living Trust, Notary Public of Oregon My commission expires: STATE OF OREGON � County of )Sg � The foregoing instrumer.t was acknowledged before me this i day of 1994, by _as of Payl,ess Drug Stores Northwest, Inc., a corporation, on bchalf of ttie corporadon. Notary Public of Oregon My c:ommission expires; STATE OF WASHINGTON ) )si, County af King � The foregoing instrument was acknowledged hefore me this _ day of 19y4, by as of Ernst Home Cenler, Inc,, a Washington corporation, on behalf of the corporation, Natary Public of washingcon �My cc�mmission expires: C1Wpe«�\ecvlw•�mcn � . 1/10�91 FIRST A1viEPlDi�(VT TO DECLARAT(ON Pugc 6 � � � ! -=- � , . (o L� BTATE OF ORfiQON � County of W�rhlnoton � 88 � j� u��;,3, �` I,Jsrry np�Iit,�1 of Nt��a- AFT�R RECO1iD1Na.RETURN T0: ment Rnd< lo County Atbert8oq'8�ino. Clsrk fo � (yI�i9 ff� � rtlty Ih�t o c/o Traay V,VotsCC the wlthp�In tr�Nnt'Ar:+!�r I�nodv�d and reppnds :�,.�9nktq�� altl�ot taid Mouieman&Millor L�.P aoun�y�.; ;ti �, ., ��.�. A �: � P.U.Hox 9S5 ,l � ; ;;{.�;,:' — Botea,Idaho 8370I :��Py�" +•.,�; �� ,; r!. �`�,��..� �R;�H,qrMo'p:;btreotor of • � e6r,lYlit'aAe Ttxauon,Ex� Mfqq,G�u�My Clerk DoC : 940813G1 &eat: 4353@6 86.00 07/03/1999 04�38:03yin FI1L�3'1'AtKENDMENT TU COMMON AREA II3�N'r .yNANCRAc;RRF�.Nr t`` THIS FIRST AMENDMHNT TO COMM�N ARfiA MAINTENANCE AGREEMENT , �J � � ("rirst Amcndmont") [s made this 9th �y of JulY 1999 . by tmd batween . 3 Albart�on'�, Ync.� a Delaware corporation ("Alharteon's"),and BIT Holdln�e Twelve,Iac., a � Marylaud corporatiou,succeesor in iztterest to BTT Holdings Limited Parmership,a Maryland limited � partnacship("Pirst Party"). � RECITALS: � A. Albertson's end Westwood Corporation,s Delawara corporation�entarcd into that �� certain Common Area Meintener►ce Agraemant dated Juna 8, 198�,and recorded Juna 12. 1987,ae Instrument No.87030101 (tha"CAMA")covering property located in the City of Tigard.County of Wushington,Stata of Oregon,boing Parcels 1�2.3,4, 5,G�7,8,9 and 10(as definod in tha CAMq)and raore particularly described on Schedule I atwched herato and incorporated herein ("Shopping Centcr"). B. Albertson's is the Prime Le�sea of ParceS 2 and First Party is the Owner of Parcels 1,3,4,5,6,7,8,9 and 10,except that portion of Yarcels 1 and 7 attrib¢tabla to Pad C,as shown on FIRST AMENDMENT TO COMMON AREA MAIN1'ENANCE AGREEMENT•Page I AklS H�65-Tigard,OR MBcM 123.429 03/26/99 l -�Z . � ,, . . . . .. . _ . . . . . . ... .. � � . . , . . .. , . ' f • � , � � �� Sxhibi!"A"attnchod horeto and inco�poratad horain and more pnrticularly doeodbed on 5ohedule c� a II ettaatted heroto end innorporutad heraiu("Pud C'�. Syatems Capital Rcat Proporiy Corporatiaa� � u Dotawaro corporation,ia tha Ownar of Pad C. C. Albartaon's and Firet Party boing the Ownars, Primo Lessees aad auah pereone desfgnated pur�uant to Secdon 13.7 of tha CAMA of the Parcols coataiuing not loea Wan ninety porcent(90�0)of tko total equare footago of building area in t�e Shopping Ccntcr now desira to amend the CAMA ea herainaRer eot forth. ACREEMENT NOW.THBRfiPORE,in consideradan far the mutual covecs�ita contained haroin and othar good and veluable con�sideradon,tha parties heroto h�reby agreo as follows: 1. All capitaiized rsrn�a not otherwise dofuud in this First Aaundmant shatl have tha meaaings as defined in the CAMA. 2. Exhibit"A"attaclied to tha CAMA i9 hareby replaced by the Exhibit"A"attsched herew. AII refarences to"Exl�ibit A°in tha CAMA or this First Anundm�t sisaU refar to Exhibit "A"attached heroto for all puxposes. 3. Schedule I attacieed to tha CAMA is hareby dcilated and Schedule I atlached horoto is haeby subatituted therefor. Al1 rafereaces to Schedulo I in tha CAMA or this First Amondmant e�all refar W Schedvle I atteched hereto for all puiposes. 4. Scction 7.1 of the CAMA is hereby amended by deleting tho fourth senta�►ce thareof begianing with"The progortionaie share of total common areA expenses.."and substitutnig the folFowing tkerefor: FIRS'I'AMENDMLNT TQ COMMON AREA MAINTENANCS A(}RESMENT•Pagc 2 ABS q565-Tigord,OR M6cM 123.429 OS/26/99 2 - , , . . . . . , , , . . _ . . . • . , � . . • • . . �• "The proprmionato eharo of the tota[common area exponsc�to ba borna by � oaah Owner for any year ehali ho thut percontage aet fort.k bolow; 0 p�d g�ta�,�� Parcels 1,3,4�S, 6,7�8�9 and 1 U 129�499 71.A6 Parcel2 ._S1.Z1Q �25.54 TOTAL .,�,$I.�Q$ �.�0% S. In ali other respccte�the CAMA ehaIl ramain uncheaged and in ti�ll force and effaot. 6, Tliia Firet Amandmoni may be exacuted in countesperta,eac�of wt�tah efs�!be deonned en original and all of w6{ch shnll constitute a einglo 'snetrumen� $ignetura aad ackuowiodgtnant pagna may be detached&om individual countaiparts and attached to a eingle or multiple orig�nal(s)in order so form a einglo or originai(e}of ttds docameut A'LBERT80P1'8: F�'.:3'f PARTY: Albertson's,1nc.� HI1' Holdittgs 1�velve, 1nc., a Mary}and a Delsware corporation - coiporation, succeseor in interest W BIT � Iioldinge Limited Parinccsltip, � Maryland timited parttterehir By: C.Lea Mumf By: Its: Vice Presi t,Rcul q I,aw Its: t:��ss�sssux�c��C�mua N.r.�� FI1tST AMENDMBNT TO COMMON AREA MAINTENANCE AOREfiMENT-Pnge 3 ABS M565-Tignrd,�R M&M 125.429 OS126/99 3 • , , � � � �, 4. Saction 7.1 of We CAMA Is 6ereby atnendec!by deletWg the fowth esntencn thece�f 0 � boginning wtth"The prapartlonntc sharc of wta[conunon area oxpaneas. . ,"ancl aubstituting thu foltowing thcrnfor: "The proportlonete ehare of the total coimnon area e�cpenaes w he borne by each Owner for any year aball be that percentage set Forth below; Pnrcel Buildine Area � Psrcela 1,3,4, 3, 6,7, 8, 9 and 10 129,499 71.46 Parcel2 si.7io � TOTAL „�1�Q9 �QQ96 S. Iu sil other reapects, tke CAMA ehatl remaia uachauged aud iu fu[1 force suci effect. 6. 'This Fuat Amenclment may ba exocuted in countatparts, eeah of which aha1l ba deeuned an aziginal end ati of wluch ahaU oon�titato s eingla inetrumeut. Signature and ecknowledgment pages may be datached from individual couatarpazts end attaahsd to a eingle or mvltiple original(s)ni arder to form a aingle or original(s)of thia docu�te.nt. ALHERTSON'S: FIRSf PARTY: Albertson's,Inc., SIT Holdings Twelve, Inc., a Maryland a Deiaware corparatlon corporation, successor in fntcrest to BiT Holdings Llmited Partuerahip, a MaryIand litnited ership By: C.Lee Mumford Sy: ,. Its: Vice Presideut,Reai Estate Law Its: �1��,� �p�s.�O�t.tT .,..��""��•. r:��araw�s�npoc�i.mnow� ��.�!,"t';"!1 ,., .',,.�.i'�• _ ,J �,�..::`: _�•'~,� ��..�y:��'h-•yo 'i-;�.,..��.��:yj��;4: ."j.r �, ��s��+�. •'��!.y�� ,:��'.��: FIRST AMEPiDiV[ENT'PU CUMMON AitfiA MAINTENANCE A(3REfiMEN1'-PtYe 3 • '•�•:�%•; '*i�,,,� ABS/365-Tlgard,OR � �� M&M 123.429 DS/26/99 � , .. . _ _ � � � . , .. --- � ■ �� , .. ti. , . �. . � . ! ! � � � � STATB OF IDAHO ) � )ae. County of Adu ) On this�,,.,_day of t.t.n1�-_ � 1999,beforc me,tho uadersigned,a Notary Public ln end for said state,pereonally peared C.Lee Munstord,known or idondfiod to me to be the Vke Presldeut,ReAi Ee2Ate Law of Albert�oa't,Inc.,thc corporntion that exe�uted tha Inetrumert or the person who axecuted the fnetrument on behnlf of said oorporatia�,and ackrwwledged W me that suoh corparatlon exeautai the esma. IN WITNESS 4VFiEREQ� #hava hcraunto set my hand and aftixed my of�ciul soal the day � and year iu tltia certiScate,�l��tij�v��tan. ,��.+•�ti,�'�,,.•....�M�+�,�' ;'`�!��O'�AR p�� 3 N01'ARY P C for I aho q*� •••° �* Residing at �8 c.3.� /.� ��l'1''�u«.5..t��o r' My commission mcpiros: /2.�2.!-2�0/ ��g 0�� STATS OF ~�'•M"`'�• )sa. County of ) On this day of .1999,bafore ma,the uadersigi�ed.a Notary Public in mui for said state,personally appan�r,d ,known or idontif ed to mo to be tho of BIT Fioldings Twelve, Iac.,the corporation that exacuted the instrumens or tha person who executed the instrument on behalf of said corporation� aad ackaowledged to me tlsat auch corporation executed the same. IN WITNESS WHEREOF.I hnve hereunto set my hnud end afftaced my off'icial seal ttte day and year in thia certificata first ebova written. NOTARY PUBLIC for ldaho Residing at My commission expires: _ F1RST AMENDNiENT TO COMMON AItEA MAINTENANCE AOREEMENf-Pagc 4 AHS#565•Tigud,OR M.kM 125.429 05/26l99 � v � � �� . i ! �'' CALI�ORNIA ALL•PURPOSE ACKN�WLEDOMBNT �' M.�c�.�A.cYscr�,s.�r,Gr.vr,cncx.r�tx,r.cs.uAc�cc,�c�;t�c.r�rx.�r�cn�:r.�.r�:x�.r,c�0,x�x,�,r.c��:�sacr,c.r.c,�x:r�s:cx.�cc��:c�ctir,�c.�w.x,s.r,or � O�. ,.� 9tate ot ..4�1 Lfeolli/ ----- County of ,�E�Lr�ll��s�Q_ - On sZ�a�iY71�9.Y..!_betore me�,�Q�td}�iJE.�lI� ��' ,tr��.��tdt�� , n.,, �w,r.�a TM.«ore.r w.�.o.iw�. wt�.'1 pereonally appeared_�II��Z� ,� ��S � rw�wa a�a�na I�rsonaAy known to me ta be the pereonQ� whoae name(f�is/w eubecrlbed to the wlthln lnstrument and acknowledged to me that heJeMeMhey executed the ssme!n Iuellts�4►etr autho►Ized capaotty(bica,and that by hlell�ee4hsk slgneture(s)on Ihe tnetrument the pereon(b�, '' C�T�py�N1�132Q�R � exteated Ih I�sNtunenGf of which the pereon(�q aoted. � NOSFI�t�FA��.5C6�t�lR�V1Y� � wy c«emE�Wraea.�.soot WITNESS my hend and offk�el eeel. �� OP770NAL Tlweph d+9 xrloinWfon balow Is nw requlred by fa�+t x may p.ore vewaUa ro pwswa re�yd�g on ua aba�nrer�r anecoutrvnve�+► lrauddenf nmoval end rvenechmsnt d pW/am q arwlher dooumaw. Description et Attached Document TiUe or Type of Document: Document Date: Number of Pagee: SEgner(s)Othor Then Named Above: Capactty(fes)C1a(med by Slgner(s) 3lgner'a Name: Signer's Nsme: ❑ Indlvidual C] Indlvldual C7 Corporale OBlcer L:J Corporate Offlicer 11Ue(s): Tit�e(s): ❑ Partner—C]Limltad C10enera{ (7 Partner—Cl Umfted Cl�enerel ❑ AttorneyIn-Fect CJ Altorney-In•Fact ❑ Trustee C7 Trustee U Guardinn or Coneervator . . '-� U (ivardlan or Conservator . ❑ Other. Top d�numb nere L"� Olher. roa a u,�»n�s Slpner is Representing: Sig�er le Reprasentlng: ,�> �atiaR%t3�i:�"-i3�r`C�t>�t'S�L'r�.'��iKx;c:%iit`t%tYaL`�i.*c.�F�i,�tS�t)�L�=4*cc)r.taw.z�`,L�6`�tXx)CL�'•i?�.t)cL�cx�Lr�,�cz:r,Zrx)�t)�'47Cx3�tS :r.. a iaos nw�w riaw�•barm•ex�e p�m�x�w.a.o.aw ne�•caroo.wn�cn o»oaiiµ � woe.roo.eoo� Hww.r.cr www�.wwraeur , . ., , . , , , , � � . - �. . , . . , . , . . , . . . � , ' • � . � ,....., , .�� ! ;.��i.2 i � . :�_..�:� : �i � .ia:�R Fi iX ; !, 2�._��967;:2 ;N, ; _ .. �� . . � ' • . A CONS4NT '— f�l accord�nce with Paregraph 15 of that ccrtain Leaso Agrccmcnt etuted Pebruary 21, 1 gg� � � by and botweenFiratPar�y,eucccaaorin-interost to Wostwood Holding Corporatfon,nslandlord�anc! .__ Thrftty Paylese, Jnc,� a Catifomia corporntion� successor-ln-interest to Pay Less UruQ 5toroi Norlhweat,nt tona�t("'I'htit�y�'),Thr18y docr bereby coriscnt to and)oin in thte Firat Amondmeat and agr�thnt all of its right�titte end iutcrcat in the Leescd Premise�(�a dcGnod in the Leaso Agroameut)aad the Shoppin�Contor shai!bc aubjoct and subordl�ato to the CqMq a�a�e�Qd by this Firat Amondmon� rHR1fTY PAYLp.SS,iiVC., a Califort�ia corpotatlan �'.�'�+r. . � �Y� T Chc�rt Its: �i�Yn � (%D�rw+onvrca.l�+, •• . . •. . , , _ �A OF_ Psnncyl va.._ �_=� � ' C�OUMI'Y Or�.►,.r.h�rt a..el. iss. Oa Tu I� �1. ►4AC� befon mo, pe�sonally a�er�red the above-netncd Te�t. L.��_. who� being by me ciuly aworn did say that he is tho ' ' of Thrifly paylcss,Inc., a Caiifontia co�orutlau, and that said instmm nl was signcd and seukd an bchalf of aaid corporation by authority of lts board of dlroctora cnd acl�owlodg�d said i��strununt to be thcir 1'ree act and dced in thair said capaeitios and the$co act and deed otea��!corporatioa. . � �'fA �w �r � Not blic ��t r ��,� My Commission Lxpiras;_3_�i � p� � ,,,...•�uH��•,,.., . ,•''(,�;,,Y•d'.�:••''•., . . . .. . .'d . �ri;!•;,,�'• �> '', `«;��j:• :':.�9.�'•Y s� ''; .,�• .U4 ��;'�;� �j:��{;1'l�iC;i r`� .•,' '•••.,;�.�� 5��ti<��:;•, F1RSr AMI:NDM�N'C TO COMMON AREA iNAINTENANCB AOAC6MBPF'i'•Pogc S ''��,�,��.•�` At3S!►SGt•7igocd,OR M�kt 123.429 05/16/99 ' Jt.l_ 01 '99 13�04 ( . . , . . . , .. . . . . , 2083369?12 PAGE.19 ' � . • • . �. , � � � SCtI�DULE I � L�:gal Dc;scriptlon of Shopping C�nitcr Parceu !and l thruu�b 10: Hc�innhig at thc Quartcr Cumer on tlir Nuith lieie of Scctlon 15.1'awnddp Z South,Rottge l Wost uf tho Wlllaatette Merldian In Wmhington County,Oregon;7�anco North 89°37'21"Last along da Ncxth lfne of auid Sectiou�201.27 feer T'hanco South 0�°02'39"Emt 45.00 fixtt to tl�c 1RUC POiM'OC•SG(l1NNWC3;Thc�xe Nwth 89°STZI"F.ast panikl wtl�t tha North lino of soid Scction 1 S,a disuuica uf A03.68 feet;llwnce Southeostcdy ulong Uia aac of a Zi.00 foot radina curne to tho dght(the ehord of whlch benrs Soath 45°OS'S I"i?oit 35,31 t�ec)n diatnnce of 39.21 feet to a pofnt which i�30.00 fect weat of tho centerline of S.W.1 l3W Avenuo;l'h�r�ce South 00°09'02"Guat pnrolld with said S�W.l I3th Avenua,a dtatanca of 625.95 feet m a point on thc South fiac of Pac+co![iI as described lu n Reai Estatc Contract ro WiUtaui Bmwiueu II end 7udtth M.Brow��san,recorded September 1d,1980 ue Recocders Fee No.80032465;'fhence North 89°SB'42"Weat along soid South ltne.a diataaca of 629.86 feet to tlu Soulhwast comer thereot,said poiat being on t1M 8au liae of the Nortlswest One Quarter of s�id Section 1 S;Tlunce Sauth 00°0�'SO"East c�la►g the F.ost lina of tf�e Northwest One Querter of said 3ectloa,a distm�ce of 357.17 feet to tue 9outhcast caner of thnt trnet of land convayed to Monntnia Park Hadth Cnre Faailities.Inc.by Resl Estste Contract rcco:dc�d in Hook 1111,Pnge 123.Deed Raorcis for Washington Coumy, Om�on:Thenco North 89•54'26'West along tlu 3outh 11ne of sau!Tract,a distnnce of 649.99 feet to an iron md on du Eastorly dght-of-way line of S.W.Pncific Hlgl�way;Ttunce Noctheasterly aloug said right-of-way liue on tho sre of a 3769.7Z foot radiva c�uvis w the right(thc clwrd of which beors North I4°35'31"East 400.73 fcet)a dicmncc of 400.41 feet to an itw►rod o�osito Engineas SmNon Ln 212+45.73 P.S.C.;1lunca Natheastcrly continuing aloag said right-of-wty 1Lte on the arc of a spirnl curve to the right(the clxxd of which beoes Nwth 17°46'13"Eost I.13 feet)a distance oP 1.13 fcet to a point oa the South l'uic of tlmt tract of Innd convcyed W Heti�ert W.Dayson o�Beuy Jcna Dayson by dad recocded in Hook 479,Pnge 136,Deed ltecurds for Wasliiugtwi County,Oco�nm;Theuce Norsh 89°SO'1 B"West abng sAid Soath l'uu. a distancc of 1Q.49 fcet to a ��aint ��mrlcing en angle point in snid Highway rigltt�of-way line;Thence Natfua�terty abng eaid riglx-af-way liiu a�the are of a�779.72 foa rndius curve w the asht(tbe chord of wWch M�s North 17'37"t4"East 2.02 fat)a distana of 2.02 fat to a point opposite Euguucrs Stndon I.�212+45.73 P.S.C;Tlscnce Norti►aisterly aloug said righFof-wny Siae on the arc oF a spirat curve to the dght(1he chord of which beacs Nocth 19°31'45" East 372.85 feet)a distat�ce of 372.89 fcet to an iron rod opposite Englneea Station La 208+7p,73 P.S.;Thence North 20°14'S8"Eeat continuic►g along said r'sght-of-way line,a dlstance of 362.67 feet to an iron rod;Thrnce Nozth 65°2T40" F.ast Z8.16 feet to an iron rod on�lm Soutlxsrly riglrt•of-way line of tlio rolocated portion of Durham Road;Thence South b9°30'00" East along tlie soudierly right�of-way line of said Durham Road,u distance of 135.49 fcet;Thence South 00°02'39"East 362.38 feet;T'l�encc North 89°57'2l"East 29.18 feet;Thcnce Souch 00°U2'39"East 137.33 feet;T1�ence South 89°57'21"West 7.00 Feet;Thence South 00°02'39"East 144.12 feot;Thence South 89°58'42"East 264.00 fxt; 'Ihenae Nonh 00°02'39"West 144.43 fect;Thrnce South 89°ST21"West 7,00 feet;'I'hepce North 00°OZ'39"West 345.83 feet;Thence North 89°ST2l"East 73.29 fee�Thence Nmtl�00'02'39"West 110.06 feet to tha point of begianing. Loss end axcepting tl�e portioa descn'bed as followt: Hoginniug at ttw southwest cornar of said Parcal 2,pariidon Plat No. 1994-028;Thence along the westarly iine of said Parcet 2 Norih 00°Q2'19"West,144.43 feet;Thence Sowh 89°57'2l"West,7.00 fa�Thcnce North 00°02'39"West, 345.83 feeh,Thence North 89°57'Z 1"East,44.30 fecl;Tl�ence teaviag said wcster3y linc Sou�h 00°01'39"F.ast,345.$5 feet; 'Ihance North 89°57'21"East,7.00 feet;Thence SouQi 00°02'39"East,144.47 feet to die aoutherly line af said Parcal 2; Thence along said southeriy line Nonh 89°58'42"Weat,44J0 feet to tlie poiiu of beguu�ing. Parcel 2: Commencing at the quarter con�cr on the North tine of Section l5,Township 2 South,Itange 1 West of the W illamatte Meridian in Wasfungton County,Oregon;Thence North 89°57'21"East alons the North line oFsa'sd Section,201.27 feet; Thence South 00°02'39"East,57,00 feet to the Nord�west comer of said Parccl 2 and the TRUE POINT OF BEC3INNING; Thence along the westerly liiie of said Parcel 2 South 00°02'39"Eust,98.06 feet;Thence South 84°5'T21"West,28.99 fat; ?henca leaving said westedy line Soutli 00°02'39"East,345,65 far,Tlunce No►th 69°ST2l"East,7,00 feet;Tfunce South � 00°02'39"East,144.47 feat to t��e soudiedy linc af said Pareel2;T7uncc elong said southarly lino a�id along the southcrly, westerly and nortl�erly lines of said 1BJ Schrodar Benk&Trust Compaiiy Trect Nortli 89°58'42"Wes�308.30 feet;Thence � . . , . � . .� . .. ' � ' .�■ � � . � �, � , • � • . . � Narth 00°02'39"West,144.12 fcot;Tbanco Narch 89°57'21"East,'1.00 feet;I'honco Narth 00°02'J9"We�t,137.3�&at; � , Tlience South 89°ST21"West,29.18 Feet;Thence Nocth 00°02'39"Wat,36Z.38 faot to a point on tka wuthetfy tlaht�of• d way line of Darhani Road;Thence along said nocthorly Ifao of eai�i IB7 3chroder Ban1c&Tnut Co�up�ny Tnct iuid the southecly 3{ua of Document No.9�4-34313,Wwhington Cou�ity Deed Recordr,South 69°30'00'F.�tt,62.45 feet W the �. begltutiieig of a tangent curva,Tlience along said taugont cvrve Qlong tho ue of a 533.00 foot rtdltu ctuve concave nocthawtedy thmagh 4 cenusl u►glo of 20°92'38"(the cho�of whlah beus Sr�nth 79•46'19"Ea�t 190�09 feet)a dltW�e of 141.11 feet;Thonce North 89°S7'2I"L�at paraUcl with tbo North ilne of aiid Sectfon 13,a dletaace of 106.95 feet to the TRUB POIIVZ'OF SBOIN1V1Na, 9 _ .. . , . . . ,. _ . .. . .. . . . .. . , . . • . . • � SCHEDULE II Legal Dcscri�tiou of Pad C � � b � A tract of Iund situated in tha Nocthwest one-qusrter of Saction 15, � Towneh�p 2 South,R�nge 1 West of the Willamotte Maridlan,in tho Ctty of Tigard,County of Wushington and State of Orcgoa being moro particularly descdbed ae followe; Boginning at a point thet is South 0°08'SO°Eaat,59.00 feet along t6e Easi l�na of t6a NoRhwoat onc-quarter of esid Soction 1 S,and Noith 89°55'20"West,179.96 feot 8�om tLe North ono-querter comer of said 3cction 15;thonco,South 0°04'40°Wast,200.00 fcct;thonce,Nurth 89°SS'ZO"West,200.00 feet;�e,North 0°04'40"Best,89.97 feet to a paint on the Easterfy right•of-vc�ay lina of S.W.Pacific Highway�, thence, aioag seid Eusterly right-af•way. Narth 20°34'S8" Esst, 117.47 faet;thonce,Soutlt 89°SS'ZO"Ee¢t� 158.85 feet to tha point of beginning. / �/ . .. . „ . . . . . .. � , ,. , . , ., , . ,. . . � � . . , • • ,��, .. �,� � . �, '��, �.. ••. "��. '��•� ,':�'•,'•..•�''�� '�---.,- �.- _ `"".,k,'^,..a��k'�* )/� PARCLR l `j� r��• `^:�.� � .'�� iti�rt5,1►r��ri►,�r '��..... %� r�' / ! /hs�_..�:�_.�_ .��..� �:':::j._i !:. I � � �r � .� S '. `:�':� ;t � •� I `}.r°,° :� �. t�' C?` % �) -•--- . .3� ��.'�� :•1 ; �� l _ �;� - � . %�� :,.: ' � � � L ,�L�s� rS ro� � � '•` � .� � �`r:r� ,� : � �'.� ..Jti ... .j� �.� �.'�'�.r.��; yp y� �.,;,;��r�r,•. . . .•h'� ,.�J::: �'�•�•�t.r ].W�^ � ^�. '/i..,,y,� •i, ,t'`� �_ (.)�t!`�'. n.cr..v: ^. �y, ! ,.�.' � �,�4�� f..�, w � , t P��si �5��i) �.�.� .� , �«.�� -�. � /' •G\\��,\\\�`.��\\\\\\I '— .��.s ! .r..,,; 4 � '.� PAI�EL/ Y i�i � ::j��'r". ; �\�'��\��4��1 ;,. ;.�:::M1,. , � _.._:.,.�� ; 1��\�'�,�,��,��„��' ;';;y. ,� '�; C�\\�\\�� I �;: ! PARCFL�0 � �. '`1 1 �`��j M� i :,:�: . ; 'ti�� [N1 �I,! PAD �N' C�,gy /� �� r'�: � 2.N6 l.i. 7 0`l �\��\�� 'j. �' 7� �1 � �.: � c�� - ... __ , f PAqCEi 9� ````\``1` •' • •' �T`�J . .`�1i11U.1YL��.Y��' aw[M Uwu ,:� ��5�.�.:.�._..�_...._._.......�........._�.�....._...........��......_..-...r'� � f..�.._.._.._.._.._.._..........�.._..�..�..........._..�.._ . � � � . , ,� , . , .. ._.. . , , . , r . , . . . . •- - . : �, s • �91�M , �• ,�'�k .y •, / 'a, �IMw� � •.... I I ,IrMll�!I SI00, •�r`iy.��` , ••�_' I � 10WIfNNI�R1. ��..,��,�T {Iq/ �'-�. . � \ �i M1N�.MV^0 ,\ � ..� ... .......�w 141'bFPva �..._...... )� PANCfL 7 � ��RNA�I ftOAlJ `� J �?�o »n�� s►ioPS�:,�.. '_` -. ._...._... _.....- � 1 r. S �.�^-.r.��:.:.. • r.v� / t.ro0 s:i. ��l90 s.i. 1 .,' ,.f ��,�r:�vrrr��rr�ii6i '��'� .. .._. irij�nini»�ii�� y �f�.. ,._ ._.. :,.:�._.._.._.._.. �. .._. �.' . :. .� �. 'i �r+ca�" •t I1�Ilpillif r �. ..j_ .�_I.�� F..'�. .i ��-! �.. � �_ .! ,�� i � � � _.0 . �� a�o� ;. '; � _j 1 �3[. �,i�_�`'��' � ��. � �i��p � i. 1 .i •,, :� 'til�rer I. _.�'' • ' • 1ti.•: ' _7 , .I i_��r. •'� ,.� •., 1,...�..,i�'�. ` , �`.'�,'I' •` � - . ' �� ,�..r. �. i � ' �'� ` ro-�' i.. � i�M •� . _.w_` „�► � . �%Yb � ' '' � :�h'.":: �J ?�, � , t• � � • - � J : .':. ... ' •�ef x' •„ = •1��=•- � !�. _ I.; �' • . : �:• .';+•r ,ro. •w.ec' u ;� .� ',• .' �1l�CE y !: . _ �. !� �' '� i:�r: • • - /•: ' '�' � ' �; ; - '�,. • . C �•� r'i / i . ..'fr��..- � � i � ::'. .%''' .c,.•, .• ,n:. ...,.��;:•.;��;� •�� . sr;;>. .:�--?:�`l:c�'t,.�:-�, � '.j= -. .. r '•:J' . . . . M1: � ••. . � �.'r.-� . ./ � ..!/..`�N:�j�'y:d.:4�.•�.;�� .� ...�•�� r'. J :..:..:�•. r.�:: .,.,��.��•:. ' `r. .�...,!; •�' .s � � I .��(.�N' r.�l 1, .p�W 1".�11(lI1IIKl I.(�1:_�.:'"� lL�.l1.LIf \ t�ti:� e�-- �<' __ti��.��.: :� ---�' .�- ' I ! . Ls��'� . . L` .._, � %'' �:a� �.,� - — �r,. �� IMI •fMl AlBERiSONS i��7� f.�J2 Sf.• �.�t�� ( y g � r �\ �...�.. u.vv s.r.' :• 1 � .....J - S�,`\1�� - r��+► e.s1t s.r. ;,� it�oo nNw.r ll7q SJ. `�i�iwx �'� �. , \\�``\\\\\� SHOPS • rwrr , r�� `�"� � PARf:fLJ ?A1�fl I � J1, i. •i., � urer I�i��,��r_• � ' � ' PNkEI S \\��1C� �s � ��t.� .:F.. �._..__ ..� •.::...�;: M�.t..., ...�.._. ��,•' 7:....._..��: :�'_.: _........_ ._.. '' �:•.:�. .•,.;�...; �• ..�:r.:�:��.�'., �,;•;��` .._.._.. � .i_.._.._.._.._.. 't �_\��\� rs�r _+ _ —..— .. .._.._.._.._ P�vr.�c'.._..�q� �.._.._..,.� � _.,•_ .� ��1 - ' • �—� .._.._.._.._.._.._.._.._..J Ne«�.oM. � :=; �,�.�,�..� � . � 7»�rrctwra w M • GENERAL NOT�S "°"''°""`°" ' LEGEND '°""' p1ANN�1IN "��' �.�� , j ovr eeutnr a w+vEr .0 M� I � T�1Ck WELlS.MAfURK OOCR GIKY sw.c. •��j.— :.�' � PMtlIMC IIEOUkC1t11/S� �'�'CRTIiMN0.'EL leq �`� .::, 45[C VI00 S.i �X..II.A. _•••-•••_ . v �� P I �u' ButONG SEt&�dt�EGUM[�ENrs �uuG wr.A �_-------1 �CFIC HWY � 1 •� ! E1tIS7tIG(;[HIEN. Mp \`� _ � ,r:, NEAVr Opfx �SVIIKf ;•;ti;;,��-. � OURHAAI R `, ..-...a+awa v '� ! ��►osc�wc Aca.wc�tNrs D. ,y� ;•'r I k�z iX rJ�U55 SitC Mk'� ;��r =«� ��K��S: EXHIBIT ��A�� S(TE pL,qN ��o.o�. . •'' ! cnsiqc- u.i� u,J .w.� _._.._._...._.__�.._..�..._.._,= � ��. ,. . ,a�K�ss�� ,. 565 _ ' ��.:�.�. .._.._. . ,a�K�.�,��:��a .s� •_••_••_••�•.�•••�••�• fOlnl CMPMIrS PPOViOED 8J1 �-:•]t ^•;�I� fOfl�y1C AREA 1./'� 940.OJf 5.��111.7p o�.l � a M w ,� �OK9�ri OMC� �� ,w. �� ++iµ ExH61T •A" ""��"� SITE PLMI a[c.r�aso e�ee..r.ron. , A..r,�a � . �,..,,.�. _.._ . -- �..,«�.� 'tN/'��•RV � � .� �� . . ... . � � � . � . . . . , . � . � .. . � • � .. , . .. , , �. CITY OF TIGARD 12/11/2003 13125 SW Hall Blvd. 2:12:29PM - Tigard,Oregon 97223 (503) 639-4171 Receipt #: 27200300000000005348 Date: 12/11/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MLP2003-00014 [EADDRE] Address Fee 100-0000-433070 30.00 Line Item Total: $30.00 Payments: Method Payer User ID Acct/Check Approval No. How Received Amount Pa' Check VLMK CONSULTING ENG CAC 11435 In Person 30.00 Payment Total: $30.00 E N G I N E E R S 3933 SW Kelly Avenue • Portland • Oregon 97239 _ . _ .. . .. DATE j�" I(J�HECK NO. AMOUNT i:�{��,�('`�2 J� ' � _ ... . � I �'� Q L'1�.'� �. PAY � „ �� TO THE /� / f/� � �� ✓✓t/1 O O�R ' /` `'` `� I " � V � . Page 1 of 1 cReceipt.rpt � � C'��n�#3 C O N S U L T I N G ' S03.222.4453 503.248.9263 E N G I N E E R S vlmk@v(mk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 www.vlmk.com December 10, 2003 City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Attention: Morgan Tracey, Associate Planner Re: Tigard Town Square Partition Sight Distance Certification Case File (MLP) 2003-00014 Dear Morgan: The access for the above-referenced project is located on Pacific Highway 99, 390 feet south of the property's east/west property line and Durham Road. The criteria used to determine the required site distance at this location follows Washington County Standards from Article 5: Public Facilities and Services. Section 501 - Public Facility and Service Requirements, Section 501.F.3 as follows: a. Based on a height of 3.5 and an object height of 4.25 feet above the road and b. Assumed to be 10 feet from the near edge of pavement or the extended curb line near the gravel surface of a road to the front of the stopped vehicle. c. The minimum intersectional sight distance shall be equal to 10 times the vehicular speed of the road as determined by the standards of Section 501- 8.5, F.1 and F.2. The posted speed limit for Highway 99 is 45 mph. Therefore, the required sight distance is 450 feet. The line of sight distance for this analysis was measured at a point 15 feet back from the face of curb of Highway 99, sighting in a straight line to the west, 450 feet at a point of the gutter line of the road adjacent to the curb. A bicycle lane and fog line are located approximately 4 feet from the face of curb. Therefore the actual sight distance is somewhat greater than the 450 feet measured. Attached is a site plan which indicates how the sight distance methodology was performed in the field. In addition, photographs were taken from the driveway location looking down the line of sight. One state highway signpost occurs within the line of sight. The post measures 1-1/2 inches in diameter and does not pose a significant obstruction to the line of sight. , Structural Engineering • Civil Engineering • Industrial Engineering • Planning • Studies / Evaluations • Entitlement K:\CorrespondencelOLetterslTigard Town Sq. 12-10-03.doc Tigard Town Square Partition Sight Distance Certification Case File (MLP) 2003-00014 December 10, 2003 Page 2 of 2 In conclusion, I hereby certify that the intersection sight distance at the access for the Tigard Town Square conforms to the requirements for sight distance as set forth in the Washington County Community Development Code. Sincerely, � � �� l , ��ci��-- �FFS Brian M. Dubal, P.E., Associate ;,� �G��,�F si VLMK Consulting Engineers `�' r � � JTB:jjs - v ;rt�r . � i �•�'';,'l�/��'�'�� P� �_ ��.._�F✓i. pv� �`'�':�'=5: ?2/31/�'t� U3 K:\CorrespondencelOLetters\Tigard Town Sq. 12-10.03.Doc � ^�+! � - _ '� � #�,� � � �� _ �� , � � ,� �'��+► .�,.,.. � ..� . i,� . .. . .. �. � � ` � �� .,� � ' � ;� � �, . a � � °� ' - . . � . ,k :--.r� . � � . - � . ��. .� � .r . .. a••�. ��,.. . ' � � �..�.,�. . � . . .�� - ��t .' .'., _ �' j , e � _ � � _ - � t' �'"�,.w �" �' �- � � '� 4•s 1��.�.-r aT� ,� ,.�.,�� ,� ' 'f ° Fq�r� oF c�zi�, '"�'� � �r � � �� `� F '�, . � � � �t� 5O ; 1� ET � � �� { r(�� pR�� ,�"��►� ' b- - � � �.r �` �� ...._.: �.e.... .. :�, . .:..... � .�,.��.. L � �`�F �: r �� . _i �� ..�..-�.nRp.. .;,N:: < �� . - . . �y� a _ � "� �5.._ � �+ , � � .� ' . F Tc C�/�,�21� -�-o,,J►.!� sc�tvQQ iL '�J �SNT ptS?ANG� M�,ASv R'EM �.NT' 1� /d3 LINE OF SIGHT MEASURED AT 450 FEET FROA� INTERSECTION AND FACE OF CURB 450.0' RIGHT—IN — RIGHT—OUT f ACCESS ONLY. CURB LINE ------ �.�----__----- -----�----��T-�-�N�� __ — — � - _ — — PROPERTY / R.O.W. , SH - � � UNES �p,R W�- � � 1,208 S.F. � x} . �3 , Z � F� � � N� --- � S� W� � `/ I I � L � 1 \ . . ' J , ___-_ ` ` �-, �1 �� . . . . y CONSULTING " 503.222.4453 TIGARD TOWNE SQU�'�RE E N G 1 N E E: R 5 503.248.9263 SW PACIFIC HWY 99 AT DURHAM ROAD vlmk@vlmk.com TIGARD, OREGON 1 _ � 3933 SW Kelly Avenue • Portland • Oregon 97'39-4393 +�Wvlmk.com I DB JTB CB BD PROJ 203186 S I G H T D I S TA N C E S TU D Y j 2�1 p�20 3DA9:14.32 j�'k186 sightdist.dwg Weddle & Associates, Inc. Protessional Land Surveyors 1750 S.W.Skvlina Blvd.,Suite 105 Portland Oregon 97221 y�EO D LE� OFFICE(503)292-8083 - TOLL FREE(888)222-8083 ,y FAX (503)292-0938 _ � " `.�.r:.��, vs s°R�E��P'a�� S�CIATES\ � REGtSTERED PROFESSION�1 �: ND S VE h �9 � �— OREGON November 19, 2003 GARY W��CHEEL Job No. 3570L 42649 �f�►�� (�7.A�� LEGAL DESCRIPTION: EXHIBII� '`A" A tract of land in the Northwest Quarter of Section 15, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Beginning at a point which is South 00°08'S0" East, 382.79 feet, and South 89°51'10" West, 359.33 feet from the North 1/4 corner of said Section 15; thence South 14°35'31" West, 94.24 feet; thence South 58°35'31" West, 90.69 feet; thence South 14°35'31" West, 130.93 feet; thence North 17°24'29" West, 99.31 feet to a point on the Easterly right of way line of SW Pacific Highway 99W, 40 feet from the centerline thereof; thencc Northeasterly along said Easterly right of way line on the arc of a spiral curve to the right 113.94 feet (the long chord bears North 19°33'10" East, 113.94 feet; thence leaving saicl right of way line North 36°15'18" East, 107.19 feet; thence South 69°25'02" East, 66.57 feet to the point of bcginning. Containing therein 18,140 square feet. . s.w. oue x�� Ra fc o- •n �a •i�i e�'. �o 154.01' - N 19'4C'»5' E __ � �7�n � j��._._^- �'_`.�-€'-%= " �^ �06. ;c ; �,%� ZK �i; �— fA /�'�_"�� (�'- �$• r �W � —� %� o F��d��S� 1� f H E� — Y, C ✓ v V �� 'D ° �; �� CAR WAS ��;,�^ �, �. �W o� � „ � � �e�- / t.208 S.F. O ` � �Z d ° � � q D D D �r�- ,q��:�� , �— I 1 .. ., � o �q•44'31" E . Z . �^ 90.58' _ N� 9p'. � q` i i 0 2 � s9.�. Sy 'p�, - o, c: . . . . . . . . . . . . � � -___------ - �� kt�;�° u i� uu, m ao c:a ao aa a� m ao m a� ao � I ---o� �/ .Se �' ` -- �I\�. '� ' � �•� A`T^ - �` � m�J— _ ---•� � �;� / �(� i� � -----_ N�q•44'3�� N � � ` Q8 SHOPS j K % , F�94.24� __ � __-- a ALBERTSON'S RITE AID DA1' I ' /i'� / ---_ � � Y �SllGS CARE � . ___� � .� . a � X'i i � �-�- � i � 3 � — , �� '/ ,� • / `„"�� i �;� �m AREA QF �� i �C � ��, ' wORK 21 __ jX � ,�'�'�f � A d _ '�; - /��' / ` / � ' � % � � ; , a� � . o — i %�',�, ��/ � ,%, /� � � �a �.e�w,,, ' �^y�' ' a SITE PLAN ,- - so.o• ° � ppLLAR TREE '` //. �� LFASE'1' t�V n n 20 � �� 60 � rFtiFRni nlnTFg• 1. PROPERTY UNE BEARINCS AND DISTANCES AS WELL AS SITE AREA C,q�(XILATIONS ARE PROVIDED FOR ZONING ANO PERMIT REVIEMf OMIY• a OVERALL SITE PLAN REAL PROPERT'f LEGAL DESCRIPTONS AND AREA CALCUUTIONS ARE N.T.S. TO BE PROVIDED BY A REGISiERED PROFESSIONAL SURVEYOR• � ° Q � PLAhA0A1r_ nNn 7nNING REVIEW: � F JURISDICTION CITY OF iIGARD, OREGON � } LAND USE ZONE CC (CENERAL COMMERCIAL) � _ AREA SUti"MARY• � g� �Ep; 18,115 SQF'T. 0.42 ACRES (+/-) �p a Q BLILING ARE�� 0 S 3 a GAS STAiION 100 SQFT• .O6x COVERAGE �°� o w CARWASH 1.208 SQFT. 8.7X COVERAGE �z� �- H-�`O N �_ � TOTAL BUILDING AREA: 1,308 SQFT. 7.25 COVERACE '�`7/2t/03 LANDSCAPE 2,772 SOFT. 13.3x COVfRAGE A.C.PAVING: 14,437 SQFT. 80x COVERAGE �NOTED .-1r�r��,[e:;ts � ��.�_,, Marr,cers "�2o3t96 ;03 54a a�22 , . PARKING (EXISTING) SHARED WITH SHOPPING CENlER 503.644.6567 rcx � �� ekp��teiepor..com �J1B -^�ali � 6775 S.w tnth a,vENUE, SUirE 20 °N1N;�JO'��'=O� BEAVERTON, OREGON 97008 "'Pb , VLMK PLOT �� "- � - 2 ��-;ro�-x�,,xwhcn-,u.rars r�,m 203186 23186G-1.ewg 7/22/2003 -^-8..;9 'onnt � ilY. 011 tN1Y R�. (C 0. !C. M 0. • •1 � . 154.01' - N 19'40��5� E _�- �N �� i -1 --- -- . ` —`_ ._ . I rn ___ _. - - o ❑a � � ip6.25•N e ; ��/�" Z W E� / � `+ N `S� � �"w ,� i "� _ r-; . . , I :�`I'Q�^ I • � CAR W AS � ra?w' �, ' J �� ' _ _ _ � _ � � ��m- � ,.zoe s.v. o m � �z a I N '° — 0 s � � "- o �' . . � _. " - � - ' , ' ------ N 14'44'31' E ��. ;,�_._--- ' OA' � �� 7 � - m g0.58' �- ------ 90 C_ � � AC� " OZ = �9� S�� ti `��° EASEMENT y � �., �- � � _. � . __. ---o " ti�, --'`` ��^ � `\�,'� .-� � . .� .� .. . `\ . ^ l -`; '_- 01 :J � � Y o00 _ _ " ��i . / � *�J�� --_ -----31�"E � ': ; d �� -- SNOPS — - -—I F�g4.24 - N 14'44 -- f_ --_� _ � e�eE�soris � CANE � 24.0' WIDE ACCESS "'"� �3 � � - - ( I � EASEMENT _�__------�------- - •` x � i � _ _ �L_� ; - � ��'�� AREA qF � �f WORK � - __ I °;� �� ' � - =�—`.°� �� . . I � n ; L/' a v � '� i� y��•"< � PARTITION PLAN ,• - so.o' �� c � � '� �—� �E-.- I ? sa � 20 o zo +o --------- rr�iGpel nl(J�S• _ 1. PROPERTY IJNE BEARINGS AND DISTANCES AS NELL AS SITE AREA CALCULATIONS ARE PROVIDED FOR ZONING AND PERMIT REVIEW ONLY. � OVERALL SITE PLAN REAL PROPERTY LEGAL DESCRIPTIONS AND AREA CALCUL4.^^"'S ARE o TO BE PROVIDW BY A REGISiERED PROFESSIONAL SURVEYOR. w o N.T.S. PLANNING AND ZONING REVIEW: � � � ,x�Ris�icnori arr oF ncnR�, oRECON N LAND USE ZONE CG (GENERAL COMA/ERCIAL) W = Q Z J � � � �oa O 0 p->3 I- �o� � 0 c�Z N a ��° a �- `f v ��7/21/03 __.NOTE� Architects P!anners Mar,ay�r, �zo3ias :J'6aa a222 �ei ., �03.544.5567 fc;x JTB eka�te!epoH.eor� JTH e-mnil 6775 S.W. lilth AVENUE, iUITE 20 wwW�stoaintl.cor-� p BEAVERTON, OREGON 97008 �""h � VLMK PLOT DATES: 2 - ca�ar-sro�-w.Awrzca-luawrsc�smm � 231S5G�A.dwG 1/22/2003 15:9.'1 ionrt � �. . •. Routing Order: Surveyor: JRH Engineer Tech I ST FINAL PLAT REVIEW CHECKLIST Plat Name: Shell Gas Case Number(s): MLP2003-00014 Address/Location: 16240 SW Pacifrc Highway Contact name and phone: John T. BrooksNLMK/503/22�-4453 �J ENf�� FEr�- 1��►��,r-�T x i�±`; . Date Received: 12/11/03 Date Forwarded to City Surveyor: 92/11/03 SURVEY SECTION Check if Check if Considered Okay 1. Street alignment and width, continuity [✓� /Yg' ❑ 2. Curve, corner, cul-de-sac radii � /�� ❑ 3. Dedication, vacation, easement conveyance [� � 4. Residential Survey Certificate match the map � � 5. Two Monument Ties to City GPS [,� � Comments: By: � 1 �03 Surveyor's Signa ure Date Page 1 of 1 i:�erqlprivdeNfirm5Unplat.tlM ReviSion Oate: 1/1/01 � • Routing Order: 1. Current Planning: MET 2. Engineering Tech I ST �� 3. Development Review Engineer KSM FINAL PLAT REVIEW CHECKLIST Plat Name: She!!Gas Case Number(s): MLP2003-00014 Date Received: 12/11/03 Date Forwarded to Current Planning: 12/11/03 Planner: Morgan Tracy Planning Division Check if Check if Considered Okay 1. Phase boundaries � [� 2. Lot and/or tract size and configuration ✓� [� 3. Lot numbers [� [� 4. Access restrictions, reserve strips [� [� 5. Condition of Approval Satisfied [� []� 6. Public & Private streets (location, width, etc....,) N�}' � 7. Preliminary Plat approval date - 1 yr period OK []� � 8. Special Deed Restrictions (CC&R's) 1'� [� 9. Open Space (Deed or Dedication) I�' [� 10.SPECIAL SETBACKS ARE OtherComments: M y 'o�� ,� �,��OH ,,�„��., �� snrf f'1�t� Swa� �r��,..,, / By: I2��1(03 Planner's Signature Date FORWARDED TO ENGINEERING TECH I: �Zr�-�/03 Date Page 1 of 3 �:��c�s�w�.aa Revisqn dale�. 1/1/01 ENGINEERING DEPARTMENT (Engineering Tech) Check if Okay Street Names Acceptable ❑ Assign Address(es) ❑ Address Fee : lots/tracts @ $30.00/ea = $ ❑ Update City-wide maps ❑ ❑ Comments: gy. `� ��%� � S� �'� � ngineering ech Signature Da e FORWARDED TO DEVELOPMENT REVIEW ENGINEER i�X�G� Date Page 2 of 3 i:�erq�ph�de�Abnrelfnpal.dot ReNSqn date:1/1A1 M •' Returned to Surveyor for Correction BY: �' DATE: � �S` �`f E-mail to County Surveyor: "OK to review" BY: � DATE: `� x!G`� Corrections Reviewed and Approved BY: � DATE: �-I`��Z''`� Forwarded for City Signatures BY: S� DATE: a�� v`� Copy of Signed Plat Made and Put in File BY: 5i DATE: �I��`� Released to Developer for Recording BY: �� DATE: -��IC'�� Authorize Eng. Tech I to release addresses BY: `�� DATE: �I�/D'� Copy of Signed Plat to Permit Techs BY: c�( DATE: -��S ��`-� Lognote: OK to take in building permit apps. BY: �' DATE: ��S��'`-� Page 3 of 3 ��,�,�,�,�w.�.� Revision tlace: 1/tAt — ---._ __ Shirley Treat-Tigard Town Square Page 1J From: "Jennifer Kimura" <jenniferk@vlmk.com> To: <brandonb@ticortitle.com>, <youngt@ticortitle.com> Date: 5/11/04 4:11 PM Subject: Tigard Town Square Bob/Tim: Shirley TreaU City of Tigard left a message saying she has not rec'd the mylars for the recorded plat on the above Project. Can you please call me with the status so that I can let the City know. Thanks, Jennifer CC: "John Brooks 1" <john1@vlmk.com>, <shirley@ci.tigard.or.us> CONSULTING ' S03.222.4453 E N G I N E E R 5 503.248.9263 vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 www.vlmk.com LETTER OF TRANSMITTAL TO � � - 1 � L 6�[/VVt/1 DATE: �, -l 1 O 1 v I�� v'� �T V 1 �� V Of ' PROJECT: TG��'� �� - T G��-� l �2- GT �7 ZZ� �'Gl ATTN: G�� JOB NO: /N�1 V C� _ WE ARE SENDING U ❑ Attached ❑ Under separate cover via �� V � the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ OPI DATE NO. vv V 1 THESE ARE TRANSMITTED as checked below: ❑ For Approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution — ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO _ SIGNED , 4( Iv V � If enclosures are not as noted,kindly notify u t once