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MMD2008-00001 MMD2008 00001 DALTON ' S CATERING City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, _R 97223 • • February 1, 2008 T I GA RD David Dalton 8530 SW Pfaffle Street Tigard, OR 97223 RE: Dalton's Catering Freezer Minor Modification Request,Case File No. MMD2008-00001 Dear Mr. Dalton: This letter is in response to your request for a Minor Modification approval (MNID2008-00001) of the approved Dalton's Catering site development plan (SDR2001-00004) located at 8530 SW Pfaffle Street, WCTM 1S135DA, Tax Lot 1000. This decision approved conversion of an existing single-family residence into a catering business facility. A Minor Modification(MtvlD2006-00013) in 2006 approved a 970 square foot kitchen addition. The current request is to place an 8'x 18'walk-in cooler within one of the off-street parking spaces In December of 2007 a Building Code Enforcement action was issued on the parcel that cited the cooler being installed without a permit and within the required 20-foot setback along the eastern property line. The applicant is now requesting the cooler be installed within an existing parking space. Conversations with building staff and review of enforcement photos have revealed that other accessory structures are found within the 20-foot setback and were not shown on any previously submitted plans. This modification will also address these compliance issues. Modified plans were submitted January 18th that shows all structures on-site. Dimensions were given of the structures via e-mail on January 24th, and a site inspection was done with Building Staff on January 25th to verify the dimensions. As Mr. Dalton noted in an e-mail, the two accessory structures fit within three parking spaces. The site plan shows 11 parking spaces that are not taken up by accessory structures, so there are 14 spaces provided. One parking space (#6 on the site plan) is only 5-6 feet deep from the wheel stop and cannot be counted. The site plan shows the line being removed between spaces #2 and #3. The cooler must be placed to meet the 20-foot side yard setback requirement along the eastern boundary. This placement causes the cooler to cross over into space #2. The site plan shows the two accessory sheds within two parking spaces, but actually would take up three. Considering all these facts, there are only 7 usable parking spaces on-site. Seven spaces are required for a 2,858 square foot building with this use. Site improvements must match approved plans. Prior to the inspection by the Building Division, the Planning Staff will inspect the site for conformance with prior and current approved plans. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 t- Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore,this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. Required parking is based on the square footage of the use. The current building size requires seven off-street parking spaces. The cooler and two sheds are detached and are considered an accessory structure. Floor area does not increase; therefore the parking requirement does not increase. As discussed previously, the applicant can still provide the required seven parking spaces on-site. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural occupancy type of the buildings is proposed, but permitting by the Tigard Building Division is required. This criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. Based on previous approvals,the height of the building is approximately 16 feet. The proposed cooler is 8 feet high. No height information was provided for the two sheds. Code enforcement photos show the height to be less than the existing main structure. There is no increase to the height of the structure. This criterion is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. There are no changes proposed to the existing accessways. Some off-street parking spaces will be lost, but this will not affect off-site traffic. This standard does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposal is to add a 144 square foot cooler and two sheds totaling 390 square feet. The business currently employs eight people. This number will not change with the addition of the cooler. Traffic to and from the site is not expected to increase. This criterion is satisfied. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The proposed cooler is 144 square feet, and the two sheds total 390 square feet. This combined total is less than 5,000 square feet;therefore this standard is met. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. There are no areas reserved for common open space within this development. This standard does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. The existing landscaping is at 27.1%, which is greater than the 15% required in the Professional Commercial (GP) zone. No changes are proposed to the landscaping. All structures are located within the existing parking lot. Therefore,this criterion is satisfied. Page 2 of 3 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. The original site plan was approved under SDR2001-00004/VAR2001-00015. One of conditions of approval stated that the access width adjustment granted through this application shall not run with the land and shall be re-examined upon any subsequent change, intensification of use or alteration of the structure. As with the minor modification approved in 2006 (MMD2006-000013), no increase in traffic is expected from the cooler addition. The access can remain as currently constructed. Section 18.360.060 requires that the proposed development is in compliance with all applicable requirements of the Development Code. The required minimum access aisle width is 24 feet. The applicant must place the cooler within the parking space area and outside of the access aisle. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties,provided that development which occurs after this decision complies with all applicable local, state, and federal laws and the conditions of approval below: CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF SITE AND/OR BUILDING PERMITS, THE FOLLOWING CONDITION SHALL BE SATISFIED: (The staff contact shall be Cheryl Caines in the Planning Division(503) 639-4171.) 1. Prior to the issuance of permits by the Building Division,the applicant shall submit a revised site plan to the Planning Division for review and approval that shows: A. Accurate locations and dimensions of the cooler and two accessory structures (to scale). B. Accurate location and dimensions of parking spaces, excluding those that do not meet dimensional standards,are utilized for accessory structures or do not exist. C Existing wheel stops only. 2. Prior to inspection by the Building Division, the Planning Division shall inspect and approve site improvements for conformance with approved plans. (Contact: Cheryl Cannes at cherylc@ tigard-or.gov). This request for Minor Modification approval is hereby granted. If you need additional information or have any questions, please feel free to call me at (503) 639-4171 ext. 2437. Sincerely, Cheryl Gaines Associate Planner is\curpin\cheryl\mmd\mmd2008-00001(Dalton's Catering Cooler).doc Page 3 of 3 1S135DA-01000 DALTON DAVID L 8530 SW PFAFFLE RD TIGARD,OR 97223 MINOR MODIFIC±i ION TYPE I APPLICATION :-, i City gCTigzni Pernit Center 13125 SW Hall Blzd, Tigard, OR 97223 ,� '3 I/; Phone 503.639.4171 Fax:503.598.1960 p (gyp. � -k, AD GENERAL INFORMATION �NF � GI NG Property Address/Locations): s S3 a S �' f✓`0�'" le J � INr 11 6-0 Q 64,1-374,-/ `I 1 13 FOR STAFF USE ONLY Tax Map&Tax Lot#(s): IS/ 5"1')A-DlBtC Case No.(s): µM d' 4"Ag'O-00 l• Site Size: , ZS- 1l Other Case No.(s): Applicant':D/r1l£ '( t- 7 9) � dl/. C4 71` tv -( Receipt No.: pl(00)0 Address: g s3 Q S ie0h Application Accepted By. S-TP0 i City/State: 47 64' / 64C17✓ Zip: 97 2 27 Primary Contact: 7) ,A'l/Lr f)/01.-¢71/G Date: //3/d Phone: (-0 639-7z// Fax:( V a.-0—P/2 7 Prope Owner/ ed Holde s)'': (Attach list if more than one) Date Determined Complete: / -o?y-Obi Ave Rev.7/1/07 ��// ��''"'��r��w 7777`x"' is\curpin\masters land use applications\minor modification app.doc Address: (q i/0 S.o, 1/11/Qit Phone: �1—Z4"7 05 City/State: L oQ*Z' a W / & Zip: 9'-7 03 _- * When the owner and the applicant are different people, the applicant must be the REQUIRED SUBMITTAL ELEMENTS purchaser of record or a lessee in possession with written authorization from the owner (Note: applications will not be accepted or an agent of the owner. The owner(s)must sign this application in the space provided without the required submittal elements) on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY ❑ Application Form The owners of record of the subject property request permission for a Minor ❑ Owner's Signature/Written Authorization Modification. To review a modification as a Minor Modification,the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed ❑ Title Transfer Instrument or Deed within Section 18.360.050(B) of the Tigard Development Code. If the modification exceeds the maximum allowed under any one or more of the following criteria,a ❑ Site Development Plan(3 copies) Major Modification review is required. Major Modifications are processed in the same manner as a new Site Development Review. In a separate letter, please ❑ Site/Plot Plan(reduced 81/ix 11' address the criteria below contained in Section 18.360.050(B) including a detailed ❑ Applicant's Statement(3 copies) response to each criteria. (Addressing Criteria Under Section 18.360.050(B) 1. An Increase in dwelling unit density or lot coverage for residential de/veppment. ❑ Filing Fee $574.00 2. A change in the ratio or number of different types of dwelling unitsiw 3. A change that requires additional on-site parking in accordance with Chapter , 18.765. 4. A change in the type of commercial or industrial structures as defined by the In addition,the Director must find that the proposed Uniform Building Code. change complies with the underlying standards of the 5. An increase in the height of the building(s)by more than 20%. applicable zoning district. To complete this review, 6. A change in the type and location of accessways and parking areas where off-site the Applicant's proposal must include a discussion traffic would be affected. indicating how the site expansion will continue to 7. An increase in vehicular traffic to and from the site and increase can be expected comply with the minimum setback, building height, to exceed 100 vehicles per day. parking land landscaping standards. Other 8. An increase in the floor area proposed for a non-residential use by more than applicable requirements such as minimum Clear 10%excluding expansions under 5,000 square feet. Vision areas near driveways and street intersections 9. A reduction in the area reserved for common open space and/or usable open may also be applicable depending on where the space that reduces the open space area below the minimum required by this building expansion is proposed to be constructed on code or reduces the open space area by more than ten percent. the site. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the minimum established by this code or by more than 10%where specified in the site plan. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. • t. APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,and may 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 criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this Z day of ,20 O e 44( Owner's Sig ture f Owner's Signature Owner's Signature Owner's Signature o2 CITY OF TIGARD 1/3/2008 13125 SW Hall Blvd. 1 1:40:19AM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200800000000000020 Date: 01/03/2008 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2008-00001 [LANDUS] Minor Modification 100-0000-438000 500.00 MMD2008-00001 [LRPF] LR Planning Surcharge 100-0000-438050 74.00 Line Item Total: $574.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check DALTON'S NORTHWEST ST 1510 In Person 574.00 CATERING Payment Total: $574.00 cReceipt.rpt Page 1 of 1 Cheryl Caines From: David Dalton [dave @daltonsnorthwestcatering.com] Sent: Thursday, January 24, 2008 4:45 PM To: Cheryl Caines Subject: Re: Tigard Minor Mod Cheryl: thanks for the note. The storage shed is 101/2' X 161/2'; the covered carport is 18' X 12' if you put both side by side, they take up exactly three parking spaces. Let me know if you have any further questions. Dave Dalton Original Message From: Cheryl Caines To: 'Davec DaltonsNorthwestCatering.com' Sent: Thursday, January 24, 2008 2:06 PM Subject: Tigard Minor Mod Dave, Do you have dimensions for the two accessory structures (outbuildings) on your site? Thanks, Cheryl Caines Associate Planner City of Tigard (503) 718-2437 No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.19.10/1241 - Release Date: 1/24/2008 9:58 AM i RECEIVED *4ISLU08 CITY OF TIGARD PLANNINGIENGINEERING CITY OF TIGARD January 17,2008 PLANNING DEPARTMENT CHERYL: Thank you for your phone call, regarding the remaining parking spaces, storage shed and covered carport on my property. I have drawn the changes as discussed on my site plans,with 3 copies for your use,and here is a recap of these items: • With the cooler in the new location as discussed in my minor modification application, and the location of my existing storages shed and covered carport,we still are left with 11 parking spaces, more than required in our original application,and plenty for our existing business use. • I am showing on my revised drawings on the site plans,that I am moving the covered carport to a spot just west of the storage shed.Right now that carport sits just east of the storage shed,and by moving it over,it will no longer be within 20' of the cedar fence as required. • I would like to revise this minor modification to reflect the storage shed and carpool on our property,and understand that we will need to pay additional fees or fines to maintain both on our property. If we can keep the 11 parking spaces and the cooler,shed and carport,this would be the best solution on our end. • I have measured the distance from the end of the cooler to the adjacent parking spaces and there is a 27' distance as required by the City of Tigard for this parking lot. Let me know what my next step would be to complete this minor- , IImodification application. I appreciate your time on this matter. Dave Dalton Dalton's Northwest Catering (503)639-7211 CITY OF TIGARD PLANNING DEPARTMENT CHERYL: January 2,2008 Please consider this letter as my application for a minor modification with the City of Tigard, regarding my catering business expansion project. I would like to respond to the 11 criteria as outlined in the Type 1 Application enclosed: we are making this application in order to place a walk-in cooler on our property,as needed to complete our expansion project at 8530 SW Pfaffle Street, in Tigard. 1. This is not an increase in unit density or lot coverage for a residential development. This cooler would be 8' high,8' wide and 18' long, and placed adjacent to our new kitchen addition,at the end of the parking lot,which is a commercial property. 2. This cooler does not represent a dwelling unit,as is is a small cooler-storage space,and there is no change in the ratio or number of different types of dwelling units. 3. No additional parking would be required,as we have more than adequate parking with our existing business level and staffing. We currently employ 8 staff members,3 who drive to work, leaving more than adequate parking for clients. 4. There is no change in type of structures or uses,as defined by the uniform building code. This property has been approved as a commercial catering business and this cooler supports this business use. 5. This cooler is 8' high,and not and increase in the height of existing structures 6. Placing this structure in the spot as indicated in my site plans would not affect off-site traffic at all,as this cooler would be on the far east end of the property,away from other traffic and parking. 7. There is no increased traffic expected at this site,due to the addition of this cooler storage structure. 8. The small size of this structure; 8' high,8' wide,and 18' long will not increase the current non-residential use by more than 10%,excluding expansions under 5,000 square feet 9. This structure is not located in the common open area,or usable open spaces the would reduce open space area below the minimum required by this code, or reducing open space area by more than 10%. This structure also will be located 20' away from the residential fence-line as required by city codes. 10. There is no landscaping,or other amenities affected by this structure,which would be minimum requirements by this code, by 10% where specified in this site plan 11. Other than this cooler/storage container,there are no other modifications to the conditions imposed at the time of site development review approval that are not subject of criteria 1-10 above. RECEIVED JAN 0 3 LUud CITY OF TIGARD PLANNIKIRMrIKTPINr ORTH WEST nyteimq CITY OF TIGARD December 13,2007 PLANNING DEPARTMENT CHERYL: Thank you for taking the time to visit me on the phone regarding our walk in refrigerator,which was located next to our new addition on Pfaffle Street. During our conversation,you suggested that I give you my idea of where we would locate this structure and meet your criteria as discussed. I would like to move the cooler a very short distance,just around the corner, in the parking lot, at the southeast corner of our existing new addition. It would be placed 20' away from the fence line as required, and would be a convenient,logical location,and out of the way of traffic and parking. We would locate the building 2 feet from the existing new addition,so that rain drainage would not be interrupted, and we would still have adequate parking spaces for our business. It would also allow us to provide power to this property,which is currently in place. I understand that this is only initial proposals and that your planning department will want to consider this layout. I have drawn the specific structure location on a site plan. The walk in cooler is 18' long,8' high and 8' wide,it has no floor. I believe that you have pictures of this cooler in your possession. Let me know what I would need to do to continue this approval process and move this structure to a more s able spot. Sincerely, Dave Dalton Dalton's Northwest Catering (503)639-7211 8530 SW Pfaffle Street Tigard,Oregon 97223 8530 SW Pfaffle • Tigard, OR 97223 • 503-639-7211 www.DaltonsNorthwestCatering.com :lr?ran �sas�q .vmuawaaligstos:umacR mom=swede *n,m�aoar Il `dam rtmx44tr.t 7c �mns^wan:iyorrr amts "'"V'1 ISStttau By TRANSNATION TIM INSURANCE COMPANY OWNE R'R' POLICY OF Tiny INSURANCE I .__ _ —. Tran. snation !/ I • ;„ I'ble,„alt!eV 4, t i \!I''t 1;1 I. It: • I' SUBJECT TO'I HE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 13 AND I-i ,i THE CONDITIONS AND STIPULATIONS,TRANSNATION TITLE INSURANCE COMPANY,an Arizona corpor2tion,herein called the i,1 s, Company, insures,as of Date of Policy shown in Schedule A,against loss or damage,not t xceeding the Amount of Insurance stated in i', is Schedule A,sustained or incurred by the insured by reason of: 1 ,p i• ■ title 10 the estate 01 interest •lescribed in Schedule A being vested other than as stated there a; ;:i ` 2. Any defect in or lien ur encumbrance on the title; I A Unm:ukelahility of the title; {{ a. I aek t'1 a riehl of acec•ss to;tnd Irorn the land- I ` ill, e ocn lcly dill also pay the cost~, attorneys' fees and expenses :n,.iitred in dctense of the title.as instiled,but only I.) the extent nt0.,ided la r ` in the Conditions and Stipulation,. tt. iN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto ;f affixed by its duly authorized officers,the Policy to become valid when countersigned by an tuthorized officer or agent of the Company. I'l iv . �� TRANSNATION TITLE INSURANCE COMPANY If+ ' E iN Aglt f ; , • I.: �� I� ZI l'j -_. S 7r t �' Itii f? _ G r� //�� 1f�J�• I Iii `tfltit l��//tYea / °i` f7' It 'r 17 '. `V i iiil g � gr10NP t resnle!1: l=i seeress., A '• EXCLUSIONS FROM COVERAGE ,4. i�� I.� I 1'hc follow cg matters are etriressly excluded from the coverage of this polio, and the Compa:ty'A III not pay loss or damage, attorneys' i t ; i fees or expenses which arise by reason of. ¢.t I la)Any Law.nldinance t!r t',t'.�.1nlnerit31 reaulation(including bur not limited to building and tuning laws,ordinances.or regulations)restricting, it:in lating,prohibiting or reli.minu to(i)the occupancy,use,or entnyment of the land;(ill the c tat act et,dimension,.01 location rt ans.improve- lient not, or hercattct crt'iiec.1 on the Land;(iii)a separation in ownership or a change In the dimensions ur srce of the land tit any parcel cis . 'a hid,the land Is or was n Fir i;or(iv)env fronmental protection,or the at feet it arc violation,rf these lass s,ordinance o. got cc oroelO al teguta• t Imes. exeet-,t to the c\l,'cc: din 1 notice of the enforcement thereof or a noti,'c of a drIeel, lira or encumbrance resulting 'aerie 1 violation In ` t y .elegeJ si tlatiuu ;iftcct n�a the land has been recorded in the public ecord, at Date of Polity. F. i . i i tlt!Any f;u■rrnnicnttti police power not excluded by(a)above,¢scent to the extent that a not cc n1'the rxcrc„c tGer,:vt ul a not,~,vt ,:defect, ' lien or t:ncttm:,ri I ce resiiicint, from a violation or alleged violation eftwing the land has been recorded in the pubin records at Date of Policy. It 2 Rights of c int ent domain u'lles- notice of the exercise thereof has l,eeu recorded in the putdic records at Date of Policy, bin not excluding tI ri.an co.cragc any' taktr1,t ,rhr:h has occurred prior to Date of Poli.`:,chicle s,,,uld be bindit g on the right,of a purchaser for ,atue without •i Leon ledge i 3. Defects, liens, etirurnhrance•, adverse claims or other matters: ,j GU ttt::tcd. ,.sli:•n•d, .s,•r;nt,;i or agreed ro by the insured claimant. Ii 1 ihr nut kin/All 10 she r c't ipat!v. not recorded in the public records at Date of Policy, but I nowt, to the insured 5.iainuna and not discio,,ed 1''. .ii micing nt the ( ,.notary iy the insured claimant prior to the date the insured claimant I e.atne an insured under thi,. polies; • i ter itsutting in no loss or d,unage to the insured claimant; l;i id)attaching o*treated soh-.eyuent to Date of Policy; or I (VI Ies0111W :o loss or damage which would not have been sustained it the insured claimant had paid value for the estate 01 interest irtsared 1t ii 1 ht this policy. t” I 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation ' f3 rat federal bankruptcy, state insolsency, or similar creditors' rights laws, that is based on; ' t: ) the uan,actwu creating the estate or interest insured by this policy being deemed a Iratdulens conveyance or fraudulent transfer; car it ih)Inc transaction creating the estate or interest insured by this policy being deemed a preferential transfer except Aber:the preferential transfer ;•jiI results from the failure: I'• 1 1 ti) to timely record the instrument of transfer; or 1 I rig)of such recordation to impart notice to a purchaser for value or a judgment or tier. creditor. _— 't'k __..__.___ Y..�_�.ain sollo t'� --- - a is r ... — _ _ NM 1 PA 10 ALTA Owner's Policy(10-17.921 Valid Or ly I' t,ehedutes A and B and Cover Are Attached Face Page Form 1190-56 {3Rt+;INA■- _------._.,__ .. ... i ALTA Owner's Policy (10/17/92) SCHEDULE A Date of Policy: May 8, 2000 At 5:00 P.M. Policy/Title No.: W270560AE escrow Order No.: 4326609RC Amount of Insurance: $150,000.00 Premium: $570.00 1. Name of Insured: David L. Dalton 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: David L. Dalton 4. The land referred to in this policy is situated in the State of Oregon, County of Washington and is described as follows: As fully set forth on Exhibit "A" attached hereto and by this reference incorporated herein. Order No. W270560AE EXHIBIT "A" Legal Description PARCEL I : The East 100 feet of Lot 20, Block "0" , METZGER ACRE TRXCT, in the County of Washington and State of Oregon, EXCEPTING THEREFROM tha: portion thereof deeded to the State of Oregon by and through its State Highway Commission by Deed recorded February 7, 1962 in Deed Book 457, Page 234, Washington County, Oregon Deed Records. PARCEL II : Lot 21, Block 0, METZGER ACRE TRACTS, in the County of Atashington and State of Oregon, EXCEPTING THEREFROM that portion acquired by they State of Oregon, by and through its State Highway Commission, by Suit No. 23-950. ALTA Owner's Policy (10/17/92) Policy No. W27.560AE SCHEDULE B EXCEPTIONS FROM COVERAGE Ibis policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing .fens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may res-alt in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easements or encumbrances, not shown by the public records reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, or claims or title to water. 4. Any lien, or right to a lien, for unemployment taxes workman's compensation, services, labor, equipment rental or material , heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. 6. The subject property lies within the boundaries of the Unified Sewerage Agency and subject to the levies and assessments thereof. 7 . Limited access in deed to State of Oregon, by and th"ough its Department of Transportation, Highway Department which provides that no right or easement or right of access to, from or across the State Highway other than expressly provided therein shall attach to the abutting property, Recorded : February 7, 1962 Book : 457 Page : 234 (Affects Parcel I) S. Limited access as set forth in decree entered in Circuit Court, Washington County, favor of the State of Oregon, by and through its department of Transportation, Highway Department, which provides that no right of easement of right of access to, from, or across the State Highway other than expressly provided therein shall attac : to the abutting property Case No. : 23-950 (Affects Parcel II) (Continued) F • ALTA Owners Policy (10/17/92) Owner's Policy No.: W270560AE SCHEDULE B, CONTINUED Exceptions, Continued 9. Trust Deed, including the terms and provisions thereof, Dated : May 5, 2000 Recorded : May 8, 2000 Recorder's Fee No. : 2000036419 Grantor : David L. Dalton Trustee : Transnation Title Insurance Company Beneficiary : Michael T. Munch Amount : $65,000.00 Loan No. None given per 1 -111, , 1- ii• • • i.-...........-.... .....__-.....-.....n....................................................-n:rio,, . * .., .-................. .-....-....... ...........................-................-........-...........-...--......-- . 4,1 AC, 1 ; . I Er. MIN SCE 144.$ -—. --- — - t 100 M L.*,r j 1_, G i-.:i-- "•' 0 61 AC ■ C.S.6655 iss,,,,g 2402 2,. : - ) .44 AC. g ' ' 2' ID* ° 0 .614C. 9 ; ....-. ...7-ararierr 1 +--- ....._ ____ __ ___ .- .. .. ,....'i- 2 Nos.4•oo"* .4 ■ .. i 4600 .., 'i.5 A I M ACRES .."v ./JAC. -"." g ‘ —.— 9-0 0 I ■ 300 ..s •:1 a , , i, -21,24 VACATED irr- .61.4C, 1 , )4•16.3s •• r_3 "t4 .4700 I; ‘6 : 2 ■ z' 8-1. 12:0- 44,444 L C41,90 c I' s s4 + 1*(io----—.---...- --__ ----- . : i''' • a .4 2202 -I 400 . AC . . I, .67,44 : 4 .., . -.11 .r.r.: . 1 k 1.047.114. PGINS 41,1446r ACIIIS %.%...it -1;r:',4&.SC.11•1,Ilk 4i1E-11-201, _40 _ j 4 .4. . s ,_ -N., Hole vaCerf o re. '.0 - -•-• -4,, - ? r ... ........... _ r . I 2200 , ..ts ac. 2 PO` : X ! 44e,i7,4, 3800 s r .5f7 Ac 4 . : 1 /..5/.4c. __ ____jac,■._ ___ , . _ __ .. . t .-y 0 _4________I--- 2100 1 it , ... .CZ AC BLK"CP 700 Yi-/ 4, 1 . Ii r R c T (-11v1z 1 : 0_, 2000 .45 AC. 15 21), , V. i C-le^: 21100 AL_ - "1" t' —---- I lie!.`.. SEE MAP t. 1 i ro. ---"---- - , . 4 IS ; 36C9 ! ., 1 • ; ; .10 / ti i 11>■ 00 I 2: 1 1 I I it , • , ,L 1 , ‘---ii-0-0- § N .., N • ; • . ___ N. t ''' •••••N,.... 'Y 04.9431$ 94•S$1117 --- . '. I-4 / 44 .- 3500 N 0 , • , /.1',f4k. * S.W. PFAFFLE ST. 7 t, cs S327 / • t r ....._ 9 P199011_ )e N' 1100 f-- ;;-(1,1-** 2.5 Air ' -.4 . i..", • ....r_ E MAP / •,..° 14304 N\NNN i600 . .01Ac )‹ 0.?.5c 19 20, i ri...: !t..,......_;i_ _ 1700 ''',„120 : Y ..ti4---,;;;y.\, - - - ( 0 .Z.5.4c . _.■4, 4,_ „.„ NN : ;1 3503 0 4,-, N ,• 1'gil 54 4c •tieN,.. '''' IN\m"'. —______ __.\ , ■ 1 i 4 . - "N . ',1 T 4 \ '■. I • 1600 410, 14 itu_4r________t__rir, .424C. . \.,, X . . $ :..,...{ ..,• 4, 1400 $• 24,1 ]i::-;-40- — i;101 1.754c —• - 4' SI'I- i & 1500 /1( . 50 AC .\ .. , 4.6.4. .--. 2 !as I 4■110•• , .. I I N L; 1............... _.. I , THIS MAP IS MADE SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING SAID PREMISES, AND THE N COMPANY ASSUMES NO LIABILITY FOR VARIATIONS,IF ANY, IN DIMENSIONS,AREAS,AND LOCATIONS ASCERTAINED BY ACTUAL SURVEY. r _ CONDITIONS AND STIPULAT" IS - . (Continued) 1. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When habdit r and the extent of loss or damage has been dtitnitcty this policy is a contract of indemnity against actual monetary oss or fixed in accordance with these Conditions and Stipulations, the loss et .iamage sustained or incurred by the insured claimant who has suffered loss damage shall be payeble within 30 days thereafter mr damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. :Ito:extent herein described. tat The liability of the Company under this policy shall not exceed the (a)The Company's Right of Subrogation. Mast of Whenever the Company shall have settled and paid a claim under this policy, all right of s ibrogation shall vest in the Company unaffected b► fit the Amount of insurance stated in Schedule A;or, any act of the insured claimant. • iii►the difference between the value of the insured estate or interest as The Company shad be subrogated to end be entitled to all rights aim rtsured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person :.t ter, or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. ft if); In the event the Amount of Insurance stated in Schedule A at the requested by the Company, the insured claimant shall uansfer to the 'mate of Polley is less than XO percent of the value of the insured estate or Company all rights and remedies against any person or property neceeser; merest or the full consideration paid for the land, whichever is less, or if in order to perfect this right of subrogation. The insured claimant sherd .t bsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the moos: of the notch increases the salon of the insured estate or interest by at least 20 insured claimant an to use the name of the insured claiinand tr. eitr .er•xnl over the Amount of Insurance stated in Schedule A, then this transaction or litigati to insolving these rights or rentedtr . aithey is subject to the following if a payment on aecouni of a claim does not fully cover- the loss of the tit where no subsequent improvement has been made. as to any partial insured claimant, the Company shalt be subrogaled to these rights and the ('ontpany shalt only pay the Toss pro rata in the proportion that remedies m the proportion which the Conmp.uty's payment bears to il:c hr dmuunt of insurance at Date of Policy bears to the total value tit the whole amount of the loss. metered estate or interest at Date of Policy;or if loss should result from any at of the insured claimant. as st.tea (it)where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the company, in that weal oss, the Company shall only pay the loss pro rata in the proportion that shall be required to pay only that part of any losses insured against by eels l:'tm percent of the Amount of Insurance stated in Schedule A bears to the policy which shall eo:erd the amount. if any. lost to the Company r+; .a=nt of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claintent of the Company's r,uht •tipended for the improvement of subrogation. The provisions of this paragraph 'shall not apply to costs, attorneys' fees (ht The Company's Rights Against Non-insured Obligors. :nd expenses for whnh the Company is liable under this policy, and shall The Company's right of subrogation against nor.-insured obligors lull my apply to that portion of any toss which exceeds, in the aggregate. 10 exist and shall include. without limitation. the rights of the insured to xrcent of time Amount of Insurance stated in Schedule A. indemnities, guaranties. other policies of insurance or bons. ,•l.; The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instrumern n.urred in accordance with Section 4 of these Conditions and Stipulations which provide for subrogation rights by reason of this policy. 3. APPORTIONMENT. 14. ARBITRATION if the fend described in Schedule A consists of two or more parcels Unless prohibited It applicable law. tither the Company or the tnsur:.l elt:ch are not used as a single site,and a loss is established affecting one or may demand arbitral-on pursuant w the Title Insurance Arbitration Rely, more of the parcels but not all, the kiss shall be computed and settled on a of the American Arbitration Asxxiation Arbitrable matters may incluric. tm rule bads as if the amount of insurance under this policy was divided hut are not broiled k. any controversy or claim between the Company .ii' 1r, rata as to the value on Date of Policy of each separate parcel to the the insured arising out of or relating to this pokey, any sersice of etc ..rtt,te. exclusive of any improvements made subsequent to Date of Policy. Company in connection with its issuance or the breach of a poi=;. sinless a liability or value has otherwise been agreed upon as to each parcel P s the Company and the insured at the time of the issuance of this policy provision or other obligation. All arbitrable matters when the .Amount +tt ,nil shown by an express statement or by an endorsement attached to this lnsuran y is$I,he in t)or less shall he arbtimatt at the option of either the urltry Company or the in urcd All arbitrable matters when the Amount m Insurance is in excess of$1,000,000 shall be arbitrated only when agreed V 9. LIMITATION OF LIABILITY. by both the Contpane and the insured Arbitration pursuant to this poitst and under the Rules in effect on the date the demand for arbitration 1, Ott if the Company establishes the title, or removes the alleged defect• made or,at the option of the insured. the Rules in effect at Date of Poties .it', or encumbrance, or cures the leek of a right of access to or from the shall be binding u u the parties. The award mar include attorneys' i:+, arid, or cures the claim of unmarketabiiity of title, all as insured. in a only if the laws of the state in which the land is located permit a court i reasonably diligent manner by any method, including litigation and the award attorneys' fees to a prevailing patty Judgment upon time await :uniplenon of any appeals therefrom. it shall have fully performed its rendered by the Arhitrator(s) may he entered in acv court haver: 'ittijtations with res ct to that matter and shall not be liable for any loss jurisdiction thereof. ..t damage caused thereby Ibl In the event of any litigation. including litigation by the Company The law of the sites of the land shall apply to an arbitration under hr,_ with the Company's consent. the Company shall have no liability for Title Insurance Arbitration Rules. mot or damage until there has been a final determination by a court of A copy of the Rules may he obtained from the company, upon r.'yuco competent jurisdiction. and disposition of all appeals therefrom. adverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE :he title as Insured. (ci The('ompariy shall nut he liable for loss or damage to any insured CONTRACT. G.r liability voluntarily assumed by the insured in settling any claim or suit (at This policy t tgether with all endorsements, it any, attached hero,. without the prior written consent of the Company. by the Company is t to entire policy and contract between the Mooed .u;,` tit. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION the Company interpreting any prusisutn of this policy this pokey ,ti., whale. be construed as a whole. OF LIABILITY. (ht Any claim oe loss or damage. whether or not based or. ncgltgenti ,II payments under this polio}. except payments made for costs, and which arises out of the status of the title to the estate or interest ititrrneys' tees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim shall he restost.d e ;into. this poli shall cy. S LIABILITY NONCUMULAIIYE (c) No amendment of or endorsement it, this policy can be ragas:; except by a writing eidorsed hereon or attached hereto signed by either the d is expressly understood that the amount of insurance under this President, a Vice President. the Secretary, an Assistant Scent:tart' t :uit,y shall to reduced by any actc,.tnt the Company may pay under any validating officer or .authorized signatory of the Coontpany ot.cy seoteting a moxtgnge to which exception is taken in Schedule B or to 16. SEVERABILITY. ■.,it:.lt the insured has agrraod, assumed, or taken subject, or which is �rraftttr executed by an insured and which is a charge or lien on the In the event any erovtsion M the policy is held ousalid or urienforeeabis Y ' 9 under applicable law the policy shall be deemed not to include that ptest estate or interest described or referred to in Schedule A, and the amount sion and all other provisions shall remain in t'ull force and effect. :to paid shall be deemed a payment under this policy to the insured owner. 17. NOTICES,WHERE SENT. 12. PAYMENT OF LOSS. All notices requino to be given the Company and any statemment in writif,4 ;a)No payment shall he made without producing this policy for endorsement required to be funti.lied the Company shall include the number of tnis :'lie payment unless the policy has been lost or destroyed,in which ease proof .,t hiss or destruction shall he tau nistied to the satisfaction of the company. policy and shall be a ldressed to: ConsunterAffairs Department,P.O.Bus taut 1 PA 10 27567,Richmond,Virginia 23261-7567. , LTA Owner's Policy(10.17.92} over Page Valid Only If Face Page, Schedules - and t3 Are Atia+.n_.; Form 1190-58 ORIGINAL J e ',..7.--,...motorT,, -- 7 -,..' f A- . )' . .; - . . .----conv No.ddt-no i'.."'F• r.ssIgittiterit Restricted). COPYRKIHT1996 i STEVERa-NkfiS t_AW Pf,84.13-0NiffpeORTLAND,OR 472as i. , NS • .7- tRi'IPt ' 1! . '. , ' 11 11 TRUST DEED STATE OF OREGON,• •c 11 County of 3- ss 11 i ., It ' ___ I certify that the within instrument 11 I ii __ .d13,1.1-.L _L/A11.101i • was received for record on the ___ .___ day 11 •1 - , _192 1,11_11AREE_ of , 19 ;I LAY 7 .Q.SIZEGQ,__02 slaw): _ __ -...M.. and recorded in ' Grantor's Ironic ind Address 1 I I'd T CEAEL 3'. MUNCli .. SPACE RESERVED ' book/reel/volume No. . on page 1 ' i 1 9151 SE IICBROD F014 .-..--- and/or as fe...- fib:.'littstru- 1 ' _PORTLAND i OR. 9 7 2 2 2 r --.------------.._----- -__ I Ilenoitary 7a-ttIlirt;s-'nd A:ridref4 -- -- ---—— RECORDER'S LiSE meat/microfilm/reception No, ..______ _, • , Record of ____________. „)f said i'■17_01tV . I ---_ - ---.---. ------- _ ----. . II _ __ After recordmg,return to(Name Address,ZIO: ViiitnS my hand and '.7.e..,1 CI (Thuntv ' ,. '' 1.11._CRA_EL..I.__I•dIN..t.,'Ii 11 . atilm--1 ! ' 4 E -:f',F,!._._ 1, ();:c.IL.A.N1.1, )/.. i- ll ;..;2 ....)n: ,--- - ._ . . ..„ i' • !I __, neprity I, .. - _ I...... .. . .._...._.... . ---- ••••:,....t."1•'. ..... li ii .' ..• . . .- :,... ... 1 . . . . .. Tf-f-9- between 11 . .. . 1 ;: , as Grantor , , II '' ,."...: - ■ : •q-, 7;'; oe , ... . .1 ' "I I, v: ,.; , .. .[ -- --....... i . ..,-,,.. ,:i'l'ifl.-rf..ry, ' ;' . 1. ... .,. I, : ., .:11..•., th,5. prope.-ty in H, • ., . . - ........ ... . . - . . • . _ r • ''- '* . . . . .. . . . • , . :. .. ..... . .,- ,,:if, .:r- :rt.:J. - - • -,!: • •-1....:,•.: •- . ,-., ..!;,1,;•, .;..j?••,-,,,"7. 0.• .ic•-II",_"hilA . - • , • - .-.-. A- .. '..".”. -,J1 A.. :.'C. ••••7-f•if :.I,.. npti,7st I, .is or ; ,.. .,.:•.i,;• .. . . , •- • .,I7.:,:,. '. :• :.,7' .1,: '1,.i /C•, Yha.. $ t.., ?...,:v..■.7.-trlilt Cost , . -' 1. '' '-. 51..1' 7..- -r 'd to the !,erze- . • -.4. : .7;: r., .7.-, •••,.:- rt:e. ,..k7•Ji:7. ,.•-; to t!;r:.:• '..ie.`,:-.-14ry - ' . • -.;r •.- .- .;; .. r:, '-;r:rirrk, t•te ',--,r1:-.f.',-ilr., :713). pro- 1 "•• -, ,,-. ::- ; - :. .• r.:,i1., be :-.....'•ei bs, be:.:e.li 'a:-.1 troort ;; • . -- - _ -;•••`• :-.: .:' •,_ !..4,-..; t.,. ,- .re- o .-•r so cziliee.!ted, ,1 .. • i . ,..: -, • -.-: .-•: -- ! .'2.-: - .,-. _ ell.' wa• .1-'..e Ittvid Or , - . . ..:: ...; ',.,, . 2 ,. ,,-...,- de.,:7n4w±zit .9.na I:• " --.- •_' .-; ' -:, .-,.: -. ., '`. ',,,•.,--- . .t17 ,.7-C•^• :-- make such par- r . , 1 , ._ .. . . ! , -- ..-;...., .• .r.>! f.Y.A. 7.•::-,.. iA,.. I.-qt.: la. the note . • . • • . :,.. -:i.i ...11d :7:•:-:,,oh, it ithertzt ronce, ,! '. '• • . -. . ' ... •'i... ••'' ' . ' ."- .- • '.. ' - .-.• v.,' = I,- •:' =4<,P,..i isnir,rala;c"y C'irC• anc.,/ pay- I. H .. . - 1,...' a.. ....,:-..„. -,,,..: I7r.c.A . -..,..,..A.•-• ..: -. . ..••-• , • •.:,.:I.-......', /Al.. - " r i I' I'i:*:-.- :I.C.1.".:1! aL It'e''.'" it.,-, the .:)..12e.r cou's ar:d experaes oi the Hr•-....'•:.- . ,,..f:. •.,. ,,•••••••.•-,;!-Ny 41,-.?. ••,- 'n ... -.:7:, TI:.I. ■•)`..;--,..•'.;:'. .-3-:-7. I',.,....fcf,'S a 1.1 f.t.i..-_,i,-“,....3 .f.E.,,.. .1c??..1a;ty ArKurred : in -,.r.‘: ,..C;(r•,,!a as,: .9,_! .-i, •-•-: ;...r,-....--eedtrq; purlior-11...4 re- ,st,fcr.1 0-..e secveltr :ights or powers of beneficiary or rruareel - I" :Ai".... in :An).. .7L1i7, FA,:tar.P J. 1..I.-..:••_•..,...1.1:1= in A t...f.i...7. fft:1-1-r/i.:;-,r2: or r:L'=.6,? -77 4.1, i-.7-‘04...,. r.rwitt.Yir..g selj Ni.qf fur rho foreclosure rir tlil deed II, l' of .31-.3 :-•fitt or •Ict1c0.1 r !.,ted t... ti.i,; iry.t:-.•.r.oel,t i•-;:-7,24;,,g .-,,tt- i,-)z .11.!.,:ited to its ,-.1,:id,ty ,z1d.;,..-,- ,r,-,t„rceeihjiii".. to pity costs and ex_ 11 Pt-'-',1•1'.'3 inclaiiirili Ovis'fstnt,e of ':;1'; ,r-J-i' ;fin Le.i-Lef-L'1. -/'s ul 7..,T996.:; at?C.I'lltt!.. te&s: !,;:, i,$) "ii ,.!' ste,,,,.-rley fe&s. rperiric,n,..,,i in this pare. 1: 1.1, graPh 7 ifi 5179P be: 111.e.:1 17=3' rh& i'fia7 ..-.'21-'1' f.1.9 rii--- c't 4,; aPP= ) iri.ru..-; i.,;17„.judgthent or decree of the •ria:1 court, grantor ;. 1; furzle-r ogre e..:- to pay sth..11 ;sum at :ten R.FTE..Litt. ,,1134{A ..,11..1.7 bid;,..rciic. ,..--rg4;onabli„ as ;h.,,. 1.,,e,ric.!i,:rary.s 74- Trustee's Of ,rrg,y fees on stich appal/.•11 t't ie n-,:rtrl.1, r.drre-1 4:pT. .1..1 :he r.r...eni thar auy ,o,..rri,r, ..x- RI; et eh, prr,perty 511i be. tnkt,...n unier the r:ght of .s...F.zlinerif &di:air? or CC.sle.le•mr,!atiorl, bene- ft..:.-jary shah the right, it it sc lecn,, te, rquira that Ali 01 hi::.' portion o:'. rhe fl'AI)AlkAS pfiyabie at coenper...sation for Sar,-,1.7 takile , :■ !: . ,• -.---• ••-••---..... -.----_—_---...--- - _ -... ...-----__... .____.• .......,..... ...„___ .....,„„.___ ______.... I i NO E: The TtoSt Deed An provides that the trustee hereunder must be either an attorney,who is an active member of the Oregon State Bar a bank,trust company 1 1 ii li or savings and loan :131'ton authorized to do business under the laws of Oregon or the United States,a title insurance company authorized to insure title to real 1 I I; property of%tr.state,Rs sasidtaries,affittates,agents or branches,the United States or any agency thereof,or an escrow agent licensed under ORS 696,505 to 6Q6.585. , :■ WARNING; 12 1.1SC 17011.3 regulates and Flay arahibit exercise at this option II '1 ne publisher suggests that such an agreement address the issue of obtaining beneficiary's consent in complete detail, - - -- . . . - , N. , tl - - : ..' ' which f the amount required to pay all reasonable costs, et" fees I q. p Pens�s and attorney's fees nrcessaril5 paid or incurred by grantor :i in suet pi rods. sha!!be paid to beneficiary and applied by it first upon any reasonable costs and expenses and attorney's fees, both in the trial arc:.:ppe/late courts,necessarily paid or incurred by beneficiary in such proceedings, and the. balance applied upon the indebted- I• it ness seo—tred hereby; and grantor agrees, at its own e-xpenz'-, to take such actions and execute such instrun-;ants as .sheiI be neressary in obtaining >u,•5 compeitsatiorr, promptly upon beneficiary's request. ■ 9. At art) time and from time to time upon writfeei request of beneficiary, payment of its fees and presentation c•` this teed and :1 I the note for endorsement (in case of full reconveyances, fur cancellation), without affecting the liability of any person for the payment of 1 the indehte,3ness, trustee may (a) consent to the making of any map or pier of the property;(13) join fn granting any easement or treat- 1± I h ing any restriction thereon; (c) join in any subordinat.un or other agreement affecting this deed or the lien or ;-h?rge theroc,t; (d) I: teconvey, without warranty, all or any part oI the property. Thr grantee in array reconvoyance rnsy be described as the "person cr prrons I. legally entitled thereto," and the recitals therein of any matters or facts shat) be conclusive proof of the truthfulness thereof rr,:etee:•s ifpES jar any of the Bervfc:e3 mentioned in this psraer.;ph shall be not less than $5. . • 10. Upon any default by grantor hereunder, beneficiary may at any time withu t t.:e• either •n o,,rson, by ayi_•nr or .h, 4 r.•<•i Y'er ii rt..;>i! appointed by a :,Dort, and without regard to the adequacy of any security for the ;r,teb;edr}rss hereby secured, ant-. up 7,1 t.; l:eC !j Possaesiot} of the property or arty part thereof, in its own name sue or otherwise cadet' the rents, issues and profits, ?;,c%1:.air' t`:os,, rn,t ;I due and unpaid, and apply the same, less costs and expenses of operation and co;Jeeti,,,t, ncludirik reasonable short_y'; fe,-• 'r•::r ,sn; :i indebtedness secured hereby,and in such order as beneficiary mac• determine. I I U. rile entering upon and taking possession sit the property, the collection et such rents, issues and profits, or T ern r>f tare and other insurance. policies or compensation or awards ier any taking or damage of the pr.:p&- y', end the application ut et .hereof as I1 :1 aforesaid, shell not cure or waive any default or n,:tics Get default hereunder or invalidate row a�t done per-;ctnt tot 1 rt::fir- i I: 12. Upon default by gran for in peyrx:ent rat any indebtedness:'•cured hereby rr in grantor's p ricer:•}r .e of ,_,r ,, e, r•t r,� t:.r,tir-.}e being of the essence with respect to such payment and/or perturmance, the ben.4lcrar3 matt de,—,',ere Ali sums e.rl ,,a eb•' immediately 'i due and il payable. In such an event the beneficiary may r,lect to p:t.ceed to torec! sr, this ter,: dee.3 i {urti tl rr,iskr or raiser the II .,I trustee& to forge/ode this trust deed by advertisement and sale, or :ra3 r root the trustee. to pu Yr;, ;[n, .th,-r ri h: ,. eery,_-dy, either et il IAN' or in e4uity, which the generic iry may 1,avr., In the event tl:e l-e,?el;ctary sleetl to forec,o,se hi ad11,..t,t:emrn7 crrl.9 sale, the bane- I II ficiary or the trustee shall execute and arse to be retire..,.!a 'i t L.:feu ris,rice of c'errul, and ?ec t ti;s ., rpr r r• c stisfr.•tike F-2.11, - � obliga- � (ion ee cVted Ie :!3 t�" CUPOtr Ir r- t S ha t1C i l. and s 1 4,T•f• r�r1Ce rf f e !r tr,, r r/ ky 12;t3' 2 nd proceed;,i te fore C1C 52 Mil trtr,t [e.1 r._ l"r t r '3L:1,1.49d OP-7 `" ♦ ._.•r C 1.,, rd ii.) t trt r t.,... x.r re. .'' r r by t arts Y-} t -- , m, ^ 3 �t anti r.; ! rat e•on d ate the ;I ustee tro due t [ -' . r he h L. SZ . , 1 1> v c ,,..Z6 :i e t. • r t f f t . �etautr ' :I CU E1Sle of a fa ie r F T 'u p r i t irCF _ r F' Ira i er.tira o:ou.,f j -e at the hate of the w C R.a f r 5. ; 'r >1 :F ,1 ,11. : ,. _.le , t,: , ,. r F c 3 t i . :r ..4 .' pa..:.r C,f bettaj{ ,, carted may u,, r 1 t, rp. .. r ri y f2,, t rt,, r •?.:r r 5 , ,r ti 1:! tr n t. curirJ L J t11.5. de- 1 fd clt LraI t -e fhur ,' „....r-r c e. - 'r.r 1 yn tl • RGr a in u red in enforcing �I i„,, •,.%gatiot .,t t.... .r,r t . 1, :3. �:I1 Qr .•e Y 1 ! . J � ,!i `.1 <V-, £. � t r I .a { ,t [] � r71r trtr Sir.'e to Vleie'17 the par r o s _te a r t t stark !c s-e 'hall 'sell ; �� , - .r t ?' 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You iterehy are directed, on payrnent to you of any sums owing to you under the terms of the I .• trust deed or pursuant to statute• to cancel all evidences of indebtedness Secured by the trust deed (which are delivered to you herewith together with the trust deed) and to receirvey, without warranty', to the parties desi4neted by the terms of the trust deed the estate now hoia by you under rlie same_ Mail ree.onvayance and d,x�tmer}rs to . _. ..-- ._ _-. '• "e 1 1,1.rr.1:'' _ _,_. - _.---.. .•-.._ .. . -.._....._. _ ,9 . . i t• II .I Do not lose or destroy this rivet Deed OR THE NOTE which It enure; , Both must try delivered to the truaeo for saneeltution before ..,. 'I recor,v once will be made. ' Y 13Rni+ftr:t3+i. ADDITIONAL DOCUMENTS M►fDaao8 -oaool Co py pc FEB 2 2 2Q0 8t rt?rriE* p y CITY OF TIGARD February 14,2008 MICHAEL J. O'BRIEN I would just like to update you on the progress in our application for a minor modification to our property on Pfaffle Street.Enclosed I am forwarding an approval by the planning department for changes in the location of structures on our property. At this time we are submitting revised drawings to the planning department as requested in this approval,and are waiting for the go-ahead to fmish this project. Cheryl Caines is out of the office this week,and we hope to speak with her about final go-ahead next week. And my reason for this letter is to let you know that we will not be able to complete this project by February 22",we will definitely be close. We cannot arrange contractors to do this work until final approval is given. I will notify the court as soon as I have this approval. And I would appreciate notification that this delay is acceptable to the court. In my hearing on January 23,2008,it was discussed that as long as I was working to complete this project by this date, it would be agreeable to the court. Sincerely /1 v Dave Dalton Dalton's Northwest Catering 8530 SW Pfaffle Street Tigard, Oregon 97223 (503)639-7211 of Tigard, Oregon 13125 SW Hall Blvd. • Tigar, )R 97223 • NI 1111111 Q..• T 1.GA R February 1,2008 David Dalton 8530 SW Pfaffle Street Tigard, OR 97223 RE: Dalton's Catering Freezer Minor Modification Request,Case File No. MMD2008-00001 Dear Mr. Dalton: This letter is in response to your request for a Minor Modification approval (MMD2008-00001) of the approved Dalton's Catering site development plan (SDR2001-00004) located at 8530 SW Pfaffle Street, WCIM 1S135DA, Tax Lot 1000. This decision approved conversion of an existing single-family residence into a catering business facility. A Minor Modification( IVD2006-00013)in 2006 approved a 970 square foot kitchen addition. The current request is to place an 8'x 18'walk-in cooler within one of the oft-street parking spaces In December of 2007 a Building Code Enforcement action was issued on the parcel that cited the cooler being installed without a permit and within the required 20-foot setback along the eastern property line. The applicant is now requesting the cooler be installed within an existing parking space. Conversations with building staff and review of enforcement photos have revealed that other accessory structures are found within the 20-foot setback and were not shown on any previously submitted plans. This modification will also address these compliance issues. Modified plans were submitted January 18th that shows all structures on-site. Dimensions were given of the structures via e-mail on January 24th, and a site inspection was done with Building Staff on January 25th to verify the dimensions. As Mr. Dalton noted in an e-mail, the two accessory structures fit within three parking spaces. The site plan shows 11 parking spaces that are not taken up by accessory structures, so there are 14 spaces provided. One parking space (#6 on the site plan) . is only 5-6 feet deep from the wheel stop and cannot he counted. The site plan shows the line being removed between spaces #2 and H3. The cooler must be placed to meet the 20-foot side yard setback requirement along the eastern boundary. This placement causes the cooler to cross over into space #2. The site plan shows the two accessory sheds within two parking spaces, but actually would take up three. Considering all these facts, there are only 7 usable parking spaces on-site. Seven spaces are required for a 2.858 square foot building with this use. Site improvements must match approved plans. Prior to the inspection by the Building Division, the Planning Staff will inspect the site for conformance with prior and current approved plans. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Page 1of3 Phone: 503.639.4171 • Fax: 503 684.7297 0 www.ti,ard-or.gov A TIT Relay: 503.684.2772 ' 4. • Section 18.360.050 states that the Director shall determine that a ma:or modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore,this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. .This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. Required parking is based on the square footage of the use. The current building size requires seven off-street parking spaces. The cooler and two sheds are detached and are considered an accessory structure. Floor area does not increase; therefore the parking requirement does not increase. As discussed previously, the applicant can still provide the required seven parking spaces on-site. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural occupancy type of the buildings is proposed, but permitting by the Tigard Building Division is required. This criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 ppercent. Based on previous approvals,the height of the building is approximately 16 feet. The proposed cooler is 8 feet high. No height information was provided for the two sheds. Code enforcement photos show the height to be less than the existing main structure. There is no increase to the height of the structure. This criterion is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. There are no changes pro osed to the existing accesswa s. Some off-street parking spaces will be lost, but this will not affect off-site traffic. T standard does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposal is to add a 144 square foot cooler and two sheds totaling 390 square feet. The business currently employs eight people. This number will not change with the addition of the cooler. Traffic to and from the site is not expected to increase. This criterion is satisfied. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The proposed cooler is 144 square feet, and the two sheds total 390 square feet. This combined total is less than 5,000 square feet; therefore this standard is met. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. There are no areas reserved for common open space within this development. This standard does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. The existing landscaping is at 27.1%, which is greater than the 15% required in the Professional Commercial (GP) zone. No changes are proposed to the landscapin . All structures are located within the existing parking lot. Therefore, this criterion is satisfied. Page 2 of 3 • 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. The original site plan .avas approved under SDR2001-00004/VAR2001-00015. One of conditions of approval stated that the access width adjustment granted through this application shall not run with the land and shall be re-examined upon any subsequent change, intensification of use or alteration of the structure. As with the minor modification approved in 2006 (MMD2006-000013), no increase in traffic is expected from the cooler addition. The access can remain as currently constructed. .. Section 18.360.060 requires that the proposed development is in compliance with all applicable requirements of the Development Code. The required minimum access aisle width is 24 feet. The applicant must place the cooler within the parking space area and outside of the access aisle. This request is determined to be a minor modification to an existing site. The Directors designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties,provided that development which occurs after this decision complies with all applicable local, state,and federal laws and the conditions of approval below: CONDITIONS OF APPROVAL _ PRIOR TO THE ISSUANCE OF SITE AND/OR BUILDING PERMITS, THE FOLLOWING CONDITION SI-IALL BE SATISFIED: (The staff contact shall be Cheryl Caines in the Planning Division(503) 639-4171.) 1. Prior to the issuance of permits bythe Building Division,the applicant shall submit a revised site plan to the Planning Division for review and approval that shows: A. Accurate locations and dimensions of the cooler and two accessory structures (to scale). B. Accurate location and dimensions of parking spaces, excluding those that do not meet. dimensional standards,are utilized for accessory structures or do not exist. C. Existing wheel stops only. 2. Prior to inspection by the Building Division, the Planning Division shall inspect and approve rm site improvements for conformance with approved plans. (Contact: Cheryl Carnes at c h erylco tigard-or.gov). This request for Minor Modification approval is hereby granted. If 1ou need additional information or have any questions, please feel free to call me at (503) 639.4171 ext.2437. Sincerely, C� tita✓ Cheryl Caines Associate Planner ir`,cutpin\chervl\maxi\mm(12008-f)JO01(Dal*.ors Gterin£;O okt).doc Page 3of3 • • T' Oregon a 13125 SW Hall Blvd. m Tigard, OR 97223 • • City of Tigard, �t-e�,ott ■ r, January 28, 2008 1 GAR David L. Dalton Dalton's Catering 8530 SW Pfaffle St Tigard, OR 97223 Albert Shields Code Enforcement Officer City of Tigard Re: Docket No. : CR-2007-0058675 Citation No.: 1003 Charges: Violation of Building Code/mechanical (TMC 14.04.090(2)) Violation of Building Code/electrical equipment or system (TMC 14.04.090(4)) Greetings: On January 23, 2008 Mr. Dalton appeared in court and stated that he continues to make progress in working with the City to achieve prompt compliance. Based on Mr. Dalton's statements and the memorandum from Mr. Shields dated January 10th (of which a copy is enclosed), I will take no further action on this matter for thirty days. If Mr. Dalton is in full compliance by February 22"d, the court will reconsider the default judgment that was entered on January 3, 2008. Sincerely, ichae J. O'Brien Civil Infractions Hearings Officer 2/25/2008 ` CITY OF TIGARD 10:0:44: 03AM 13125 SW Hall Blvd. TIGARD Tigard,OR 97223 (503)639-4171 Conditions Associated With Case#: MMD2008-00001 Project Name: DALTON'S CATERING MINOR MOD CURRENT STATUS UPDATED # DESCRIPTION STATUS* DATE BY DATE BY 1 SUBMIT REVISED SITE PLAN M 2/22/2008 CAC 2/25/2008 CAC 1. Prior to the issuance of permits by the Building Division,the applicant shall submit a revised site plan to the Planning Division for review and approval that shows: A. Accurate locations and dimensions of the cooler and two accessory structures(to scale). B. Accurate location and dimensions of parking spaces,excluding those that do not meet dimensional standards,are utilized for accessory structures or do not exist. C. Existing wheel stops only. 2 PLANNING DIVISION SITE INSPECTION N CAC 2/4/2008 PLL 2. Prior to inspection by the Building Division,the Planning Division shall inspect and approve site improvements for conformance with approved plans. (Contact:Cheryl Caines at cherylc @tigard-or.gov). Condition Status Index: M=Met N=Not Met Ping-CaseConditions.rpt Page 1 of 1 CITY OF TIGARD February 14,2008 CHERYL CAINES ASSOCIATE PLANNER As discussed last week, I am providing you with a site plan as requested, showing the accurate locations and dimensions of the cooler and two accessory strucutes to scale. Also I am showing accurate location and dimensions of parking spaces, including only those that do meet dimensional standards, and existing wheel stops. After consulting with Jim Andrews at Nicoli Engineering,I decided to draw out all items on my own,to scale. If any of these items are not sufficient to meet your requirements, I will have Nicoli Engineering complete the task as required by the planning department. Here is a review of these plans: The three structures to be located on this plan include: • Walk-in cooler; 8' high,8' wide and 18'long • Covered carport; 8' high sloping roof, 19'6" long, 12' wide • Wood storage shed; 9'6" high sloping roof; 10'6"wide, 16' 3" long Additional measurements as requested: • The walk in cooler is 20' from the fenceline as required • The storage shed is 23' from the fenceline as required • The covered carport will be located just west of the storage shed as indicated • The distance from the shed to the cooler is 27' • The distance from the covered carport to the parking space across the driveway is 28' • My plans show 8 parking spaces remaining,within minimum requirements • Existing wheel stops are indicated,and can provide more if needed • All structures are drawn to scale on these plans with 1/4 inch representing 2 feet Let me know if you have any further questions or comments regarding these revised site plans and measurements. Sincerely, , Dave Dalton Dalton's Northwest Catering 8530 SW Pfaff le Street Tigard, Oregon 97223