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MMD2009-00015 MMD2009 00015 MAIN STREET LLC ACCESS AGREEMENT • City of Tigard, Oregon 13125 SW Hall Blvd. • Tiga>. , OR 97223 May 1, 2009 George Diamond,Member Main Street LLC T I G A R D 18380 River Edge Lane Lake Oswego, OR 97034 RE: Minor Modification Approval. City of Tigard Case File No. MMD2009-00015/Main Street LLC Access Agreement Dear Mr. Diamond: This letter is in response to your application received by the City on April 17, 2009 for a Minor Modification approval for the site located at 12564 SW Main Street. Washington County Tax Assessor's Map 2S102AC, Tax Lot 01100. The proposed access modification to the existing development is described in the application narrative and site plan. The proposed minor modification is a required step in the City's enforcement proceeding (Case File No. CE02008-00100) of the adjacent property to the east (2S102AC01101). A Site Development Review application was submitted and approved with conditions to address the issues of CE02008-00100 on the adjacent property. Joint access and maintenance agreements were required to support one-way ingress on the subject property and one-wa egress on the adjacent property. The approval required this minor mod to address the access change to the subject property. The following analysis shows that, the proposed development is a minor modification and is hereby approved,with conditions of approval. Section 18.360.060.A 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." 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 subject development is commercial. This criterion does not apply. 2. A change in the ratio or number of different types of dwelling units. The subject development is commercial. This criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The application is for a change in access to the subject property. No additional on-site parking is proposed or otherwise required by this application. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The application is for a change in access to the subject property. The proposed modification does not involve a change to the type of commercial structure. 5. An increase in the height of the building(s) by more than 20 percent. The application is for a change in access to the subject property. The proposed modification does not involve a change to the height of any building. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 4 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. The application is for a change in access to the subject property from two-way to one-way.No change to the parking area on the subject site is proposed. The change in access was precipitated by the neighboring property's desire to improve their rear arking area, which necessitated meeting the access spacing standard of 200 feet on Collectors (1UC 18.705.030.1-1.3). SW Main Street is collector as identified on the City's Transportation System Plan and the distance between the subject properties' accesses is approximately 118 feet. The City has conditioned the improvements on the adjacent property to change the access to one-way to reduce potential conflicts on SW Main Street. Off-site traffic will not be adversely affected by the one-way loop configuration. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed change in access would not result in additional trips other than might be reasonably expected from a natural increase in patrons due to improved parking lot access. An increase in vehicular traffic as a result of the modification would not be expected to exceed 100 vehicles per day. 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 change in access does not include an increase in floor area. This criterion does not apply. 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. The proposed change limits access to one-way across the subject parcel but does not otherwise change the site with additional structures that would impact open space. This criterion does not apply. y 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 proposed change limits access to one-way across the subject parcel but does not otherwise change the site with additional structures that would impact existing site amenities. This criterion does not apply. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. A review of City records found no land use permits applicable to the subject property. The development occurred prior to the City's incorporation and proposed modifications do not modify any conditions of approval. As the findings above show,the proposed development is a minor modification to an existing development. In addition,Tigard Development Code (IDQ 18.360.060.C1 states that a minor modification shall be approved approved with conditions, or denied following the Director's review based on the finding that the proposed development is in compliance with all applicable requirements of this title. May 1,2009 Page 2 of 3 Main Street,LLC Minor Modification(MMI)2009-00015) Tigard Development Code chapter 18.765.040. contains general design standards for parking lots. Section 18.765.0401.2 requires all interior drives and access aisles be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant has proposed directional arrows on the pavement and "Entrance" and "Exit" directional signs to facilitate the one-way ingress and egress access plan (Preliminary Circulation Plan,Sheet 2 of 2). To ensure this standard is met,the following condition of approval is imposed: CONDITION OF APPROVAL: 1. Prior to the June 30, 2009 conformance date for the associated Code Enforcement case CEO2008- 00100) and Site Development Review(SDR2008-0000),the applicant shall provide directional arrows on the pavement and "Entrance" and "Exit" directional signs to facilitate the one-way ingress and egress access plan as indicated in the Preliminary Circulation Plan (Sheet 2 of 2) and consistent with the requirements for exempt signs in Section 18.780.060.B.1. If you have any questions,please feel free to call me at 503-718-2434. Sin ely, rPa e teche /!e, Associate Planner May 1,2009 Page 3 of 3 Main Street,LLC Minor Modification(MIvID2009-00015) 2S '-9396 e VICINITY MAP - / 2ShI2ErW31601 'Mu 2S1132AB01902 12425 9685..„ ,.. . . ..5,e 9685 . . . .. 12475 :'....',.__........ /vo. ...., • ,7. 2S1tAT:u.tasm - 12394 MMD2009-00015 ... . , , \ e ..-: 201 .. ' • \ ,,./.' 12485 \•.- 04% •• 9885 .• . 2e. II•. . ESICW.A0140t16 964S .Porten fnumbing , 9665 ,,.., • MAIN STREET, LLC ACCESS 9685 9685 / .,- •••• 12Aikt2.1012 ,12448 12436 ''' ,..' -, ..• 12400 • ,, ..,, AGREEMENT 9685 . 9685. ..Y 12501 4 _.... . , 2," .,:, c •.)■■ 9685 - M11,401310 la* . ' '..1-.• '' "las sots "-94" A:\ • 1 • • , !■.1 - le 9685 •-„,.. ./ •, e 2sicoaivr.rn ,..-- . , ... _.,12540 1635 2 ' ' .'•••14.4",• tv . . <so .17\. _ 12535" '.::55:: 12540 . IP& - • .12540 \ \ ; /*C.CbM '''.. ,. 12540 125S9 \ 2d1Obt.003100 •-•., ,,•' El Subject Site 12655.... , „ •, (43 12550 A192.04.2.0)M 12:520 ,.. „ . , ,. . . . .,„---...,-- 4} .nipsilE.12562 `•••• 5 •5 , - , a,'LIZ , •' ", ., •;;;Iiiie 12562.6161t5o.uloi . .. . . .„,...- ,,, , ..• ,,,"/... ,.... •• . 4,, -Litt 12562 , . . .---. ., 12564 '-...2S11120Dwitiu ,- 12562 .----' ,••• , . .. 12568 t I. d St Anthony's ES 17 \ . 2512AC01.1203 . . ' I > slogn Street Pa11*92.....'..--,.-' ..' ,-0?2 ,AC9.13210 + 2S102 C0 /, '. , . .x / / t . e 12650 •VIVA ,,,.../eZ ..r --I Ill tIP . "ic_-"A --,s""" 5"- t. 5, 9480 13075 ,••••.• <\ r,'''. C .,.....--1.1. .1,, 5,1 t , ,-'- • 9479 2S102ACCGO3 '•••... 12700 c...d--' ....\. \ 9451,,,--,.--1. '----- r-'-'10 \ '\ m ' rn, 1620.0 1. . 11.1-1,r), a..,. --% 25102AC03201 _ r---- 251024,...2 74: - -1:-'-'-' \ IM,45. /s , .. L NU I \--""r‘-' • -n.,_j r.,-----1/32$ ..." I': 'II) ' ." 7' ..k., Information on this map is for general location 7 S.._s <... `„? Fano°Creek a* only and should be verified with the Development e'l S• ' Services Division. ... .,, /113.6' \ , \/ 1,32AC01. 'k..- ....1,)24401., . V.--2L .,. 2S102..k.:001,30 Scale 1:2,454-1 in=205 ft 12741 r—L-1-.."1_..7..--r-, -Z ''''''' • -' Map printed at 01-May-09 04 04 PM 11314 s-t, .1 .., r"' -.' 12764 . i....,.1 •,...—.1 L.-A .,..-\ / 4 2S1.32N2d3)21:14 DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TGARD 2s1 ..•.. -13 ..,‘'` .,... / ,._ ''• '.... " .,\ s % MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE .,.-. I-- , --`,„ L., .., i ‘2, 9367 /,..., s". .• CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE• DATA PROVIDED HEREIN THE CITY OF TIGARD SHALL ASSUME NO 12760 • .,'N \ .' / \ L-1 'MS NA 't .:., """-/ '',.93115 3.---' s...,. LABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSE D ,' '. '. ''''.. > ••••-ti taZikegYgd \'''''. ) % .k.,/ \ f.' . . , 2S 1.31:3*11 i'M .e \ . . , 9323--iii City ot Tigard 9815 ,..-' /-"-\ _/-/\ .C,. ...•(.,. ', t.'N''. \ ..s" 5,, ..).,____, ,r. ..., . 2S102/0,33300 13125 SW Hall Blvd TIGAIIIRPS Tig03d6T4772123 111 I- - -,/ M1028301502 'I %SS, \ '''''/' ,....."... '-.. ) .........a ., ) . t .. \ ' • <WS,..,7 r 1330 ',- 1,.... 0 204ft , www.tigard-or.gov c 6 ,..,, . • /.',.., \ <>(." > ' \ — ,---- .. ... . . - . . • , . , cf.,.. \ *a .,,, �b • \\v: -.N TAX LOT 700 �' �.,' ' C \':i'`;>A ��3�,:. :s\N... w w is 1 we• ,/' c \ ,...‘,.,. ., T.„st.-....,„ � � , `- _ LEGEND Ss /' /!I ', A vmiraw ///�rirx: \tom tl �`\ ,4 yZ i amt. xuss -wssr ■USEVIIIT KR TAX Lot •101 •'14''t IaTAU'coma oat IN >'.. m rw x o7A< iiwINIC fi tree n. ,. t\ 'tip `. 411 1 t,,',.,',N\\ '•.1�1 � �.''�40!I 1 ,, ki,,,,,,AiL.,,vi; �� n t t 1•1 •421 1 ;s ` 11 ,. . TAX LOT 1100 ! t i vi,'e' Qt m W 15 I MAC ( i 1 1 t 7 1T1+; 1i pi , ,-... . -'' . ,\. ,.>;''....,, 1.,. II 1.110, N • G r,� �': 1,i1';;;1 f) t TAx Lot 200 TAX LOT 201 \`• -_.._ • . AA�44.,. r`� `\,,. 4 WAAL M w DORIC 901 \. ,j i r' AA' a ors PAWN CITY OF TIGARD �;:', ,,,� d. , Approved • . / I : . APP Approved 1' l ^�ndittonally p►PPr In: 1 • ' ; ;;•1t F Jr only the w FEIMIT NO. <es --------------t 1 See Letter to: Follow....................... [ 1 ,• Attach .ictt 14ddr at 1 _ • .• Date: _ may. . WI RE"SON PRELIMINARY IO • �/�Q�� wm.a-.w r" M a ASMED 2564 SW MAN 2049 ma Iaae n: •• ”" rA C.WA 6TA1F,uc CIRCULATION " `a�0.D"°°AK% l o�. PfEPAF�FOFt PLAN /AZ MI)t2 8101 .: .�,,. ®"'.K'°' WI 051100,OR VC. TIGARD te C 2 OF'2 PR e,. OREGON OA M3-676 Yet _Du for WHOP•V, 9A9014101 man TAI IMP 15•1_0714 MAILING RECORDS AFFIDAVIT OF MAILING I,Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: {Check A xopine Box(s)Below} © NOTICE OF DECISION FOR MMD2009-00015/MAIN STREET,LLC ACCESS AGREEMENT (File NolNanr Reference) ❑ AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"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 Exhibit"B",and by reference made a part hereof,on May 1 009 and deposited in the United States Mail on May 1,2009,postage prepaid. dizi / 10i, (Perso th "repared Notice) / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the o% day of ,2009. OFFICIAL SEAL �r:f SHIRLEY L TREAT `-' f NOTARY PUBUC-OREGON '�' COMMISSION NO.416777 diLIAd- MY COMMISSION EXPIRES APRIL 26.2011 NOTARY PUK.IC OF OREGON My Commission Expires: `4131/ • EXHIBITS. City of Tigard, Oregon - 13125 SW Hall Blvd. • Tigalu., OR 97223 May 1, 2009 • George Diamond, Member Main Street LLC T I G A R D 18380 River Edge Lane Lake Oswego, OR 97034 RE: Minor Modification Approval. City of Tigard Case File No. MMD2009-00015/Main Street LLC Access Agreement Dear Mr. Diamond: This letter is in response to your application received by the City on April 17, 2009 for a Minor Modification approval for the site located at 12564 SW Main Street. Washington County Tax Assessor's Map 2S102AC, Tax Lot 01100. The proposed access modification to the existing development is described in the application narrative and site plan. The proposed minor modification is a required step in the City's enforcement proceeding Case File No. 002008-00100) of the adjacent property to the east (2S102A031101). A Site Development 'Review application was submitted and approved with conditions to address the issues of CE 02008-00100 on the adjacent property. Joint access and maintenance agreements were required to support one-way ingress on the subject property and one-way egress on the adjacent property. The approval required this minor mod to address the access change to the subject property. The following analysis shows that, the proposed development is a minor modification and is hereby approved,with conditions of approval. Section 18.360.060.A 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." 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 subject development is commercial. This criterion does not apply. 2. A change in the ratio or number of different types of dwelling units. The subject development is commercial. This criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The application is for a change in access to the subject property. No additional on-site parking is proposed or otherwise required by this application. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The application is for a change in access to the subject property. The proposed modification does not involve a change to the type of commercial structure. 5. An increase in the height of the building(s) by more than 20 percent. The application is for a change in access to the subject property. The proposed modification does not involve a change to the height of any building. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. The application is for a change in access to the subject property from two-way to one-way.No change to the parking area on the subject site is proposed. The change in access was precipitated by t ze neighboring property's desire to improve their rear parking area, which necessitated meeting the access spacing standard of 200 feet on Collectors (TDC 18.705.030.H.3). SW Main Street is collector as identified on the City's Transportation System Plan and the distance between the subject properties' accesses is approximately 118 feet. The City has conditioned the improvements on the adjacent property to change the access to one-way to reduce potential conflicts on SW Main Street. Off-site traffic will not be adversely affected by the one-way loop configuration. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed change in access would not result in additional trips other than might be reasonably ex?ected from a natural increase in patrons due to improved parking lot access. An increase in ve_ucular traffic as a result of the modification would not be expected to exceed 100 vehicles per day. 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 change in access does not include an increase in floor area. This criterion does not apply. 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. The proposed change limits access to one-way across the subject parcel but does not otherwise change the site with additional structures that would impact open space. This criterion does not apply. y 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 proposed change limits access to one-way across the subject parcel but does not otherwise change the site with additional structures that would impact existing site amenities. This criterion does not apply. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. A review of City records found no land use permits applicable to the subject property. The development occurred prior to the City's incorporation and proposed modifications do not modify any conditions of approval. As the findings above show,the proposed development is a minor modification to an existing development. In addition, Tigard Development Code (TDC) 18.360.060.C1 states that a minor modification shall be approved approved with conditions, or denied following the Director's review based on the finding that the proposed development is in compliance with all applicable requirements of this title. May 1,2009 Page 2 of 3 Main Street,LLC Minor Modification (MMD2009-00015) Tigard Development Code chapter 18.765.040. contains general design standards for parking lots. Section 1865.040.1.2 requires all interior drives and access aisles be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant has proposed directional arrows on the pavement and "Entrance" and "Exit" directional signs to facilitate the one-way ingress and egress access plan (Preliminary Circulation Plan,Sheet 2 of 2). To ensure this standard is met,the following condition of approval is imposed: CONDITION OF APPROVAL: 1. Prior to the June 30, 2009 conformance date for the associated Code Enforcement case (CE02008- 00100) and Site Development Review(SDR2008-0000),the applicant shall provide directional arrows on the pavement and "Entrance" and "Exit" directional signs to facilitate the one-way ingress and egress access plan as indicated in the Preliminary Circulation Plan (Sheet 2 of 2) and consistent with the requirements for exempt signs in Section 18.780.060.B.1. If you have any questions,please feel free to call me at 503-718-2434. Sinc- ely, A410 / nary Pa e Lecher //" Associate Planner May 1,2009 Page 3 of 3 Main Street,LLC Minor Modification(MMD2009-00015) .1wW n '' s *" VICINITY MAP 4685 ` '"2 - , ' 2S1026.401H.11 1, '11 ,. :,a . 9685 2sto211�01902 �+ 12425 - . 9685 u.:,, / s s 9685 12475 �g� ua94 MMD2009-00015 •• 9685 `'`.12445 V „�?7••.•■ o;, eras r"�+ 9665'bUJl..r:.IS. 9685 . . - �I�Iltly,y fli V- .12430.. v ., a g�5 9685 - , ^�. .1261812436 `, ' MAIN STREET, LLC ACCESS 9685 9685 `' -sio 1 , AGREEMENT ,r�1 ItIM ;; :, 9685 9665 9685 .� ,s"' 9685 99685 9665 125 , i .,rA.,:: at� r OM 9685 / 12540 12S4S + 9696 A 2 12540 E. .,172.TVJ1 J 12505 12516 25102AC00100 251_ .�iA Subject Site y 9660 1!571 00700 12520 p ........ 12562 12645 12564 f 251O?B udiuu j 2 12568 - T d St Anthony's E5 - •-: -: e • G 25117?AC00200 1 SMob Sisal 044 9110 Q� V C.4112/15111 402 ? a !HO 13•75 Q � ' 47 12700 s^t 1K74 $451 251021100001 'Na 2419i1C00701 OM*ra ' Information on this map for general Development no CAGY 5 only and should be verified Di isio the Development 02AC01 • 0 5 - Services Division. 1(I?AC01+'I V 25102AC071". Scale 1:2,454-1 in=205 tt 12764 ' � ty + Map printed at 01-May-09 04:04 PM 12764 2�1,r- IF DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF AS THE MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE Maw CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE r% IYIY! , DATA PROVIDED HEREIN THE CITY OF TIOWD SHALL ASSUME TH NO 12760 �� ` LABILITY FOR ANY ERRORS OMISSIONS OR INACCURACIES HOW USE IN THE Qiiima 0 INFORMATION PROVIDED REGARDLESS Of HOW CAUSED _"� City of Tigard -``i 1 T•1 '� 131 13125 SW Hall Blvd e61S • 5455( \ ç ' ) , 2S11I7A3U3Jll Tigard,OR r f 1 2Q4{� www.ggard-or.gov fil • i \> ..\.z...„ '\\ TAX LOT 700 ,• >, �� . �,/ c ar / '` , \\. \ \\� LEGEND •uY 1301 Olr 971 / �Q ; � A e °°"""°" xs r. 20 PITT K vr,KSgr•, hi06 \ �\ \ usE a mcac nu =\ ` c� i �` , ROOK Iq ME1lt �� WW1 tmwrs par sa - 1A% M 1101 '7 _\ �� ,a MN]5,NM ,`1111 ti[�i' " �'�. i�'. / \ 1 1 \\N .1`, ...',-%.,,‘\ ,., 11 i.vil 1;� �� l I ::4�1 t1 Is/'?:.' . # . TAX LOT 1100 �s >i I z+ y,;l -1s ,l `„ ./. :'` \ [iE11c MUM K '',t f y \\\'.I .I\ J J (TO ROAR UNALTERED)` (-a1r �j \ e ',„,, { 1A1I LOT NA \\ ll 1 TTO LOT 201 '\ `—__...r{ 434')°, . Of 0111116 WNW CITY OF TIGARD .. 40 °1° ' w Approved t �/� `+� i” ,, .anditionally Approved t Far only the woArl a ��d i in: PE1MIT NO. [ 1 `� �1 See Letter to: Follow y / Attach Jot?Addr S' _ \. Date: a PLAN R,AOX L(5 0(.15)0 35)59-25Fl-e2S M ,,,,,..,. ElfIVEROAM GO ..' r M.I6 IC03 MM U SH STREET REVISIONS: eEO1EEO rL.raan »a ra�rm o°°° PRELIMINARY n� aa••• yy�• ® OM IL�7V�F IY1r1�� 2. Me ima.r rt •• Nx 49 CIRCULATION p0.."k'°°AK ,WWI :K, =LIMO% LW 021I20.CR Pk 511.1-224-0570 [els'710AFD 2 OF 2 FAX .- TO LOT P•.•,• M, T„.AP��m - EXHIBITS& George Diamond,Member MMD2009-00. Main Street LLC MAIN STREET LLC ACCESS AGREEMENT 18380 River Edge Lane Lake Oswego, OR 97034 Michael P. Dudunakis Main Street LLC 18380 River Edge Lane Lake Oswego,OR 97034 2S102AC01100 MAIN STREET LLC& DUDUNAKIS,MICHAEL P 18380 RIVER EDGE LN L .7 LAKE OSWEGO,OR 97034 J i /61 OW/Lel itetar-01 RECEIVED APR 1 7 2009 CITY OF TIGARD PLANNING/ENGINEERING 12564 SW MAIN STREET MINOR MODIFICATION APPLICATION AKS JOB#2049 DATE: APRIL,2009 CLIENT: TWO G's REAL ESTATE,LLC. 18395 WOOD THRUSH STREET LAKE OSWEGO,OR 97035 CONTACT: ALEXANDER HURLEY PLANNING/ENGINEERING/ SURVEYING FIRM: AKS ENGINEERING&FORESTRY,LLC. ENGINEERING PLANNING LANDSCAPE ARCHITECTURE FORESTRY SURVEYING 13910 S.W.Galbreath Dr.,Suite 100 al Offices Located In: Sherwood,Oregon 97140 SHERWOOD,OREGON Phone:(503)925-8799 REDMOND,OREGON ENGINEERING& FORESTRY Fax:(503)925-8969 f VANCOUVER,WASHINGTON www.aks-eng.com JOB: LETTE ID 7912 IECEIVED AKS ENGINEERi, _ & FORESTRY, LLC ID = 7912 A l 13910 SW Galbreath Drive, Suite 100 Offices Located In: Sherwood, OR 97140 Sherwood, OR APR 1 7 2009 www.aks-eng.com Redmond, OR CITY OF Vancouver, WA TIGARD Phone: 503-925-8799 Fax: 503-925-8969 LAWNG/EN GINEERIRIG To:C ty of Tigard DATE: 4/16/2009 JOB NO.: 2049 Attn: Gary Pagenstecher RE: 12562 SW Main Street 13125 SW Hall Blvd. Tigard, OR 97223 Billing# 2049, 21251, 30406 From:Andrey Chernishov WE ARE SENDING YOU THE FOLLOWING: COPIES DATE NO. DESCRIPTION 1 4/17/2009 Check in the amount of$574.00 to City of Tigard, Application Fee 8 4/1/2009 Minor Modification Application - Submittal Packages For Approval Approved as submitted Resubmit copies for approval For your use Approved as noted I Submit copies for distribution L: As requested Returned for corrections L Return corrected prints G For review and comment 21Picked up at AKS Office by Russ Goddard for Del. to City on 4117109 C FOR BIDS DUE Li PRINTS RETURNED AFTER LOAN TO US Remarks: If you have any questions, please call. Copy To:File SIGNED: Toni Ruehl for Andre Chernishov Ver1.0-- n CITY OF TIGARD RECEIPT IIIIs 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 173264 - 04/17/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2009-00015 Minor Modification to an Approved Plan 100-0000-438000 $500.00 MMD2009-00015 Minor Modification to an Approved Plan- 100-0000-438050 $74.00 LRP Total: $574.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 48851Z KPEERMAN 04/17/2009 $574.00 Payor: Russel G. Goddard Total Payments: $574.00 Balance Due: $0.00 Page 1 of 1 TABLE OF CONTENTS I COMPLETED APPLICATION FORM WITH DEED H PROJECT NARRATIVE Introduction General Information Site Description Proposal Community Development Code Chapter 18.360 SITE DEVELOPMENT REVIEW Chapter 18.370 VARIANCES AND ADJUSTMENTS Chapter 18.390 DECISION MAKING PROCEDURES Chapter 18.705 ACCESS, EGRESS AND CIRCULATION Chapter 18.775 SENSITIVE LANDS REVIEW Chapter 18.780 SIGNS Chapter 18.795 VISUAL CLEARANCE AREA Chapter 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS Appendix 1 CWS Service Provider Letter 2 Site Plan (8 %2"X 11") Exhibits A. Site Plan (22" X 34") AKS Engineering&Forestry,LLC. 12564 SW Main Street Minor Modification Application,April 2009 APPLICATION FORM WITH DEED PRE-APP.HELD BY: CITY OF TIGARD PLANNING DIVISION law TANTT\ TTc-c T?T'DAST''F"' ATITIT T! sA'U`Ti—ikt L1uti� / SE 1 i RMI1 A 1 LICA IO City of Tigard Permit Cater 13125 SW Hall Blzd, Tigzrt1, OR 97223 Phone. 503.639.4171 Fax: 503.598.1960 File' Other Case# Date By Receipt# 1 Fee Date Complete _ TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Adjustment/Variance(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(I,II or III) ❑Zone Ordinance Amendment(IV) ❑Historic Overlay(II or III) ❑Site Development Review(II) M I Oa /4oJ YtCAT')ON ❑ Home Occupation(II) ❑Subdivision(II or III) P Comb MD A(_ V SE PERMIT (_' LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address iI avadabk) /2S ,i/ 5!N /'14/t) 5r 77 4,1,6 02 ZL3 . 2_SiOLAC/i00 TOTAL SITE SIZE cLASSIFIGk-notsr 61 2- 1C8A 1—APPLICANT' ,L-eft- mew Gee - Ma twr 5 Zee C e4 NIA1UN ADDRESS/C1 S ATE CO3 6-?7-106 tQ 5"403 -7 7.t PRONE NO. FAX N . LIN/LARY S3 7 , Ce4e ��w� Let(Ce 05�' I4N�O1 f Oy' . 5o3 6 ?��0750 OONT PEI�O [ 6eo E° N • D/fri vic fLiel 563- 7W- ' 7 `.9 PROPERTY OWNER7DEED HOMER(Attach Est f more than one) l'1Maw 5 i t 1 7rc e C �NO Dirt "soav e (4'1 ben —MAILING ADDKESS7CI Y/ST /ZIP N -35-0 grUC ‘:FpF' f.`qjvi, az4.16, Q 7e3 So4 -- 617 -ro6G 503 - 0Y,O7y-o *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this ap?lication. 'PROPOSAL SUMMARY(Incase be speck) tPPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. i:''curpin\masters\Iand use applications\land use permit app.doc 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. e 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 criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Mettle) 5T- t c/L 1.419e Meek fh.e,,e. Oa er's Signature Date -3 --/9 - oq Owner's Signature Date t Owner's Signature Date Owner's Signature Date cf72er's S • . reej f I Lli Date ///: App ican . _ent 'epre,entatx•-' Signature r. e Applicant/Agent/Representative's Signature Date IIIIIIIIIIIIIIIiIIIII!lIII!I Washington CO11t',Oregon 2001-120119 Ir.,: :Transnation 2002-113691 1112112001 10:22:17 AM D.0W Crtt�t ffns4 A DUYCK f1S.D0 30.00 111.00 f�2s.00 -T0tal-$457-00 After Recording,Dia, neturn to: 111 George N. Diamond 1111111Mill 2839 SW 2nd Avenue 0000781 201190030033 Portland, Oregon 97201 m•M and Taxstlon y. I.Jiffy Hsna°n,Dlre • and Ex Offl elo C tent for Washington County, ,�Y ,•�i� at the within Instrument or wilting `;Y v', A.- tloh•nbYc � ,,�- Until a change is requested, tax statements wur•c ntlncordedinthe6ogkotr•eordaor r�� •1 shall be sent to the following address: "Id �,N .t Same Jerry n.Mango EDP a o Courtly Clerk t and Taxation, — tr�srt+t"w STATUTORY WARRANTY DEED . (Individual) (Above Space Reserved for Recorder's Use) Roger Paul Sorg and N. Jeffrey Sorg, Successor Trustee of Testamentary Trust under will of Otto Sorg dated June 8, 1982 conveys and warrants to Main Street LLC, an Oregon Limited Liability Company and Michael P. Dudunakis the following described real property in the State of Oregon and County of Washington free of encumbrances, except as specifically set forth herein: Part of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a point South 4°15' East 115.65 feet of the Northwesterly corner of Lot 2, BURNHAM TRACT and on the Westerly line thereof at the most Southerly corner of that tract vJ conveyed to Joseph D. Fulop, et ux, by deed recorded in Deed Book 413, Page 436; thence running North 43°02' West along the Southwesterly line of said Fulop tract 352.99 feet to the most Westerly corner thereof in the center line of Taylor's Ferry Road; thence running South 57°54' East 2.50 feet to an angle in said road; thence running South 71°53' West (Continued) Tax Account Number(s) : R461770 This property is free of encumbrances, EXCEPT: (Continued) b., •` WASHINGTON COUNTY i REAL PROPERTY TRANSFER TAX Z Z Z -'fir'- $ 4-251 ad //- .2/- o/Z 132 ..tf 1..r ,-:.-' r-.P;1 c c a H Ed The true consideration for this conveyance is $ 425,000.00; Which consideration has been paid byand to accommodators pursuant to 1031 exchanges. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA- TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU- MENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO ERMINE LI ITS ON LAW- SUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN RS 0.9 O. DATED this �� ,daay� of November, 2001. - Rog- Paul Sorg . Je frey orT / STATE OF OREGON, COUNTY OF Multnomah)ss. re:::) / �/ The foregoing instrument was acknowledged before me this Jday off, 2001, by Roger Paul Sorg and N. Jeffrey Sorg. Note ■ Public for Oregon My ommiscion Expires: ,3/,-DL, !c1. OFFICIAL L gEgL_ 0/ MARQAAET M NEIK IRK `, . NOTARY PUBLIC-OREGON MY COMMISSIO NMEXP RES O- MAR R 1818. ,2003 Order No. : 1230016w Re-recorded to clarify vesting interest. Vesting interest is as follows: Main Street LLC, an Oregon Limited Liability Company 68.66% and Michael Dudunakis 31.34%. Previously recorded as document #2001-120119 on November 21, 2001. a • STATUTORY WARRANTY DEED (Continued) • ENCUMBRANCES, (Continued) Order No. : 1230016w 1. Unpaid taxes for the year 2001-02 2. The rights of the public in and to that portion of the herein described property lying within the limits of streets, roads and highways. 3. Party Wall Agreement including the terms and provisions thereof, and the easements, rights and responsibilities incidental thereto, Recorded : January 16 1959 Book/Volume : 413 , Page : 436 Affects party wall along the Northeasterly boundary 129119 4 . An easement created by instrument, including the terms and proIIIIl1Il1111111111111 vis1-ions thereof, Dated : January 13, 1959 Recorded : January 16, 1959 Book/Volume : 413 Page : 436 In favor of : Adjacent property owners For . Access 5. An easement created by instrument, including the terms and provisions thereof, Dated : May 1, 1967 Recorded : May 2, 1967 Book/Volume : 640 Page : 223 In favor of : Adjacent property owners For : Road 6. An easement created by instrument, including the terms and provisions thereof, Dated : June 6, 1967 Recorded : June 22, 1967 Book/Volume : 647 Page : 246 In favor of : Portland General Electric Company For : Utility purposes 7. Site Coverage and Setback Agreement, including the terms and provisions thereof, Dated : May 11, 2000 Recorded : August 1, 2000 Recorder's Fee No. : 2000061535 By and between : Roger Paul Sorg and N. Jeffrey Sorg as Successor Trustees of the Testamentary Trust set forth in the last will and testament of Otto Sorg dated June 8, 1982 and The City of Tigard, an Oregon municipal corporation l \tttl\ll\1111111tH 691 2002-113 STATUTORY WARRANTY DEED • (CONTINUED) LEGAL QESCRIPTION (Continued) Order No. : 1230016w 94.40 feet to the most Westerly corner of that tract conveyed to Lois Anne Davis by deed recorded in Deed Book 440, Page 2; thence running South 43°47' East 494.7 feet to the most Southerly corner of said Davis tract on the West line of said Lot 2, BURNHAM TRACT; thence running North 4°15' West on the West line of said Lot 2, BURNHAM TRACT 130.45 feet, more or less, to the place of beginning. EXCEPTING THEREFROM that portion conveyed to the City of Tigard, described as follows: A tract of land situated in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the Southeast corner of the property described in Document Number 82014391 of the Washington County Deed Records; thence North 45°25'58" West along the Southerly line of said Document Number a distnace of 54.00 feet; thence North 17°34'24" West leaving said Southerly line a distance of 44.28 feet; thence North 23°12'55" East a distance of 36.96 feet; thence North 03°19'55" West a distance of 34.98 feet; thence North 45°22'13" West a distance of 10.82 feet; thence North 44°22'55" East a distance of 2.00 feet to the East line Northerly line of said Document Number; thence South 45°37'05" East along said Northerly line a distance of 40.37 feat to the Northeast corner of said Document Number; thence South 05°34'52" East along said East line and the South line of Lot 2, BURNHAM TRACTS a distance of 130.43 feet to the point of beginning. 1111111111 II I HII I I I III 2001-120119 IIUhIIIuIuIu I IIIIII I I 2002-113691 NARRATIVE INTRODUCTION General Information Applicant: Main Street, LLC &Dudunakis,Michael P Contact: George N. Diamond 18380 River Edge Lane Lake Oswego, OR 97034 Phone: (503) 697-1066 Fax: (503) 699-0780 Applicant's Representative: AKS Engineering&Forestry, LLC. Contact: Alexander Hurley 13910 SW Galbreath Drive, Suite 100 Sherwood,OR 97140 Phone: (503) 925-8799 Fax: (503)925-8969 Owner: Main Street, LLC &Dudunakis, Michael P. 18380 River Edge Lane Lake Oswego, OR 97034 Property Addresses: 12564 SW Main Street Tigard, OR 97223 Tax Lot Number: Tax Lot 1100 (Washington County Tax Map Number 2S-1-02AC) Lot Size: 27,007 SF(0.62 Acres) +/- Current Zoning Designation: Central Business District (CBD) Site Description The site is located to the south of SW Main Street near the southeast corner of SW Maplewood Drive and SW Main Street. The property is currently developed with a commercial building and parking area(paved and gravel parking). Site topography is flat, and there are a few scattered trees located on the southern portion of the property. AKS Engineering&Forestry,LLC. 12564 SW Main Street Minor Modification Application,April 2009 Proposal This application is a required step in the City's enforcement proceedings(Case File No. CEO 2008-00100) of the adjacent property to the east(2S102AC01101). A Site Development Review application was submitted and approved with conditions (Case File No. SDR 2008-00004)to address the issues of CEO 2008-00100. The applicant of SDR 2008-00004 proposed a joint access for both properties. This proposal utilizes the existing ingress/egress access to SW Main Street on 2S102AC01100 for ingress only for both parcels, and the existing ingress/egress access on 2S 102AC01101 for egress only for both parcels. Additionally,the applicant requested adjustments to the minimum access width and access spacing to accommodate the proposal. Please refer to SDR 2008-00004 for more information. The joint access proposal and adjustments to the access standards were conditionally approved under SDR 2008-00004. The conditions require that a joint access agreement be reached between the two property owners and that two joint use and maintenance agreements be executed and recorded for the common driveway. Additionally, City staff requested a Minor Modification for the access changes to 2S102AC01100. The property owners are currently working on the joint access and joint use and maintenance agreements. The purpose of this application is to address the City's request for a Minor Modification for the access changes to 2S102AC01100, as proposed in SDR 2008-00004. This Minor Modification application addresses the applicable sections of the TDC required for the proposed change in access to 2S102AC01100. AKS Engineering&Forestry,LLC. 12564 SW Main Street Minor Modification Application,April 2009 COMMUNITY DEVELOPMENT CODE Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.020 Applicability of Provisions A. Applicability and exemptions. Site development review shall be applicable to all new developments and major modification of existing developments, as provided in Section 18.360.050, except it shall not apply to.....Minor modifications as provided in Section 18.360.030B 18.360.030 Approval Process B. Minor Modifications.Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. 18.360.050 Major Modification(s) to Approved Plans or Existing Development B. Evaluation criteria. The Director shall determine that a major modification(s)will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; Comment: This application is for a change in access to the property. This application does not propose residential development. Increases in dwelling unit density or lot coverage for residential development is not proposed; therefore,this proposal does not result in a Major Modification as defined by this section. 2. A change in the ratio or number of different types of dwelling units; Comment: This application is for a change in access to the property. This application does not propose dwelling units. A change in the ratio or number of different types of dwelling units is not proposed; therefore, this proposal does not result in a Major Modification as defined by this section. AKS Engineering&Forestry,LLC. 12564 SW Main Street Minor Modification Application,April 2009 3. A change that requires additional on-site parking in accordance with Chapter 18.765; Comment: This application is for a change in access to the property. This application does not propose additional on-site parking, a change in on-site parking,or a change that requires additional on-site parking in accordance with Chapter 18.765;therefore,this proposal does not result in a Major Modification as defined by this section. 4. A change in the type of commercial or industrial structures as defined by the uniform Building Code; Comment: This application is for a change in access to the property. This application does not propose a change in the type of commercial or industrial structures as defined by the Uniform Building Code or otherwise; therefore,this proposal does not result in a Major Modification as defined by this section. 5. An increase in the height of the building(s)by more than 20%; Comment: This application is for a change in access to the property. This application does not propose a change in the height of buildings;therefore,this proposal does not result in a Major Modification as defined by this section. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; Comment: This application is for a change in access to the property. The applicant is proposing joint access to SW Main Street with the adjacent parcel to the east (2S102AC01101). The properties existing ingress/egress access is proposed as ingress only for 2S102AC01100 and 01101. The existing ingress/egress access on 2S102AC01101 is proposed as egress only for 2S102AC01100 and 01101. This proposal will provide one-way"right-in,right-out" access to SW Main Street for both parcels and is being pursued at the City's recommendation to provide joint access for both parcels given the close proximity of the individual access locations for each property. Additionally, this proposal is a modification to internal traffic circulation and has a negligible affect on off-site traffic. Parking area changes on the subject property are not proposed. This proposal was addressed and approved with conditions as part of SDR 2008-00004 for 2S102AC01101; however, City staff has requested Minor Modification approval to address the change in access for 2S102AC01100. Under the direction of City staff, this proposal is classified as a Minor Modification. AKS Engineering&Forestry,LLC. 12564 SW Main Street Minor Modification Application,April 2009 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; Comment: This application is for a change in access to the property as previously described. In aggregate, the properties should not experience an increase in vehicular traffic to and from the site; therefore, this proposal does not result in a Major Modification as defined by this section. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; Comment: This application is for a change in access to the property. This application does not propose an increase in the floor area of nonresidential uses or any building expansions or modifications; therefore, this proposal does not result in a Major Modification as defined by this section. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; Comment: This application is for a change in access to the property as previously described. The change in access only affects traffic circulation throughout the site. No construction or other activities are proposed that results in the reduction of common open space or usable open space; therefore, this proposal does not result in a Major Modification as defined by this section. 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. Comment: This application is for a change in access to the property as previously described. The change in access only affects traffic circulation throughout the site. No construction or other activities are proposed that results in the reduction of existing site amenities; therefore,this proposal does not result in a Major Modification as defined by this section. AKS Engineering&Forestry,LLC. 12564 SW Main Street Minor Modification Application,April 2009 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B1 through 10 above of this subsection. Comment: This application is for a change in access to the property as previously described. This proposal does not request or require a modification to the conditions imposed at the time of site development review approval which are not the subject of B1 through 10 above this subsection; therefore, this proposal does not result in a Major Modification as defined by this section. 18.360.060 Minor Modification(s) to Approved Plans or Existing Development A. Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. B. Process. An applicant may request approval of a minor modification in accordance with Section 18.360.030B and as follows: 1. Providing the Director with three copies of the proposed modified site development plan; and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in Section 18.360.050B. C. Approval criteria. A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that: 1. The proposed development is in compliance with all applicable requirements of this title; and 2. The modification is not a major modification. Comment: The applicant is proposing joint access with the adjacent parcel to the east (2S102AC01101). The properties existing ingress/egress access is proposed as ingress only for 2S102AC01100 and 01101. The existing ingress/egress access on 2S102AC01101 is proposed as egress only for 2S102AC01100 and 01101. This proposal was addressed and approved with conditions as part of SDR 2008-00004 for 2S102AC01101; however, City staff has requested Minor Modification approval to address the change in access for 2S102AC01100. AKS Engineering&Forestry,LLC. 12564 SW Main Street Minor Modification Application,April 2009 Under the direction of City staff,the Minor Modification standards of this section apply. This proposal is in compliance with all applicable requirements of the TDC,the modification is not a major modification as addressed in section 13.360.050B, and the required submittal materials are included with this application; therefore,the standards of this section have been met. Chapter 18.370 VARIANCES AND ADJUSTMENTS 18.370.020 Adjustments A. Purpose. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments"which allow modest variation from required development standards within prescribed limits. Because such adjustments are granted using"clear and objective standards,"these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments"which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.O10C. C. Special adjustments. 5. Adjustment to access and egress standards (Chapter 18.705). a. In all zoning districts where access and egress drives cannot be readily designed to conform to Code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030, using approval criteria contained in Subsection 2b below. b. The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the following criteria: AKS Engineering&Forestry, LLC. 12564 SW Main Street Minor Modification Application,April 2009 (1) It is not possible to share access; (2) There are no other alternative access points on the street in question or from another street; (3) The access separation requirements cannot be met; (4) The request is the minimum adjustment required to provide adequate access; (5) The approved access or access approved with conditions will result in a safe access; and (6) The visual clearance requirements of Chapter 18.795 will be met. Comment: The proposed joint access does not meet the access standards of section 18.705.030.H.3 and 18.705.030.J.1. Adjustments to these standards were requested and approved with conditions pursuant to SDR 2008-00004 for the joint access proposal for both affected parcels; therefore, the standards of this section have already been addressed and are not applicable to this application. Please refer to the referenced case file for more information. Chapter 18.390 DECISION MAKING PROCEDURES 18.390.030 Type II Procedure A. Pre-application conference. A pre-application conference is not required for a Type I action. B. Application requirements. 1. Application Forms. Type I applications shall be made on forms provided by the Director as provided by Section 18.390.080 El. 2. Application Requirements. Type I applications shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; and c. Be accompanied by the required fee. Comment: The Type I application form, accompanied by the required submittal materials and fee, has been included with this application; therefore, the requirements of this section have been met. AKS Engineering&Forestry, LLC. 12564 SW Main Street Minor Modification Application,April 2009 Chapter 18.705 ACCESS,EGRESS,AND CIRCULATION 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050) and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. Comment: The applicant is not proposing development which includes the construction of new structures, the remodeling of existing structures, or a change of use which increases the on-site parking or loading requirements or which changes the access requirements. Additionally,this proposal does not meet the definition of development as defined by TDC 18.120.030.A.57; therefore,this section does not apply. The standards of this section that apply to the adjacent property to the east are addressed in SDR 2008-00004. Please refer to this case file for more information. Chapter 18.775 SENSITIVE LANDS Comment: This proposal is for a change in access to the site as previously described. No new construction or development activities are proposed. The applicant submitted a Sensitive Area Pre-Screening Site Assessment to Clean Water Services (CWS). Through review of the proposal and correspondence with City staff, CWS has determined that"the proposed activity does not meet the definition of development....and that no site assessment or service provider letter is required." The returned Sensitive Area Pre- Screening Site Assessment form, approved by CWS, is included in this application. It is uncertain if sensitive lands exist on the project site; however,the applicant's proposal does not meet the definition of"development"as defined by CWS. Section 18.775.020"Applicability of Uses"states that"as used in this chapter,the meaning of the word development shall be as defined in the CWS Design and Construction Standards." The applicant's proposal does not meet CWS's definition of"development"as stated by CWS and thus does not meet this section's definition of development. Additionally, this proposal does not meet the definition of development as defined by TDC 18.120.030.A.57; therefore, the standards of this section do not apply. The standards of this section that apply to the adjacent property to the east are addressed in SDR 2008-00004. Please refer to this case file for more information. Chapter 18.780 SIGNS Comment: The applicant proposes to install "one way traffic", "exit only", "entrance only", and/or other required signage that is deemed necessary to facilitate the flow of AKS Engineering&Forestry,LLC. 12564 SW Main Street Minor Modification Application,April 2009 traffic and protect the health, safety,property, and welfare of the public. All signage will be designed and installed in accordance with this section;therefore, the requirements of this section have been met. Chapter 18.795 VISUAL CLEARANCE AREAS 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. Comment: The project site is located in the CBD zoning district;therefore, the standards of this section do not apply. Chapter 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS 18.810.020 General Provisions A. When standards apply. Unless otherwise provided, construction, reconstruction or repair of streets,sidewalks,curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. Comment: This proposal is for a change in access to the site as previously described. No new construction, reconstruction, or repair of public streets, sidewalks, curbs or other public improvements is required or proposed. Additionally,this proposal does not meet the definition of development as defined by TDC 18.120.030.A.57; therefore,the standards of this section do not apply. The standards of this section that apply to the adjacent property to the east are addressed in SDR 2008-00004. Please refer to this case file for more information. AKS Engineering&Forestry,LLC. 12564 SW Main Street Minor Modification Application,April 2009 APPENDIX 1 CWS SERVICE PROVIDER LETTER ■ ti From:AKS ENGINEERING AND FORE Y 5039258969 02/2 109 17:21 11589 P. 001/001 ti. a [ \\ FEB 2 3 2709 _ Clean Water Services File Number ____ C1eanWaterr Services (3/-0O 3 act Sensitive Area Pre-Screening Site Assessment 1. Jurisdiction; City of Tigard 2. Property Information(example 1S234AB01400) 3. Owner Information Tax lot ID(s): 2S102AC01100 Name: George Diamond Company: Main Street LLC. Address: 18380 River Edge Ln Site Address: 12564 SW Main Street City,State,Zip: Lake Oswego, OR 97034 City, State,Zip; Tigard,OR 97223 Phone/Fax: Nearest Cross Street: SW Maplewood Dr. E-Mail: 4. Development Activity(check all that apply) 5. Applicant Information ❑ Addition to Single Family Residence(rooms,deck,garage) Name: Bruce Baldwin ❑ Lot Line Adjustment ❑ Minor Land Partition Company: AKS Engineering&Forestry, LLC. ❑ Residential Condominium ❑ Commercial Condominium Address: 13910 SW Galbreath Dr. Suite 100 ❑ Residential Subdivision Q Commercial Subdivision Sherwood, OR 97140 ❑ Single Lot Commercial ❑ Multi Lot Commercial City,State,Zip: Other Modify access from ingress/egress to ingress Phone/Fax: 503-925-8799/503-925-8969 only. Egress to be from 2S102AC01101. E-Mail: brute @aks-eng.com 6. Will the project involve any off-site work? U Yes No ❑Unknown Location and description of off-site work 7. Additional comments or information that may be needed to understand your project Joint access for TL 1100& 1101 utilizing existing accesses for both parcels. No new construction proposed. This application does NOT replace Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits,DEQ 1200-C Permit or other permits as Issued by the Department of Environmental Quality,Department of State Lands andlor Department of the Army COE, All required permits and approvals must be obtained and completed under applicable local,state,and federal law. By signing this form,the Owner or Owner's authorized agent or representative,acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am familiar with the information contained in this document,and to the best of my knowledge and belief,this information is true,complete,and accurate. Print/Type Na r- Bruce Baldwin` Print/Type Title Representative Signatu • - 1 t �—! Date !� ZZ/D FOR DISTRICT USE ONLY �J ( Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required. ❑ Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200'of the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,State,and federal law. ❑ Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially sensitive area(s)found near the site.This Sensitive Area Pre-Screening Site Assessment(toes NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20,Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,state and federal law. ❑ This Service Provider Letter is not valid unless CWS approved site plan(s)are attached. liThe proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2), NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Reviewed by Date ; 2- 0 2550 SW Hillsboro Highway • Hillsboro,Oregon 97123 • Phone:(503)681.5100 • Fax:(503)681-4439 • v,nwd.cleanwaterservices.urg APPENDIX 2 SITE PLAN (8 '/2" x 11 ") 12564 SW MAIN STREET �,t, MINOR MODIFICATION PLANS Sw McXSMre St 4,„... .0% Vk 7 , ^* 'Tigard 3� OWNER/APPLICANT PLANNING/ENGINEERING�G m5t -•f ,,, <k �� IRi�GllwAti `' ,•" MAIN STREET, LLC & ARC/SURVEYING� e ;; ' o )&r,, rr+ DUDUNAKIS, MICHAEL P. AKS ENGINEERING & FORESTRY, LLC. aQa ' ::,s CONTACT GEORGE N. DIAMOND 13910 SW GALBREA L DRIVE, SUITE 100 CONTACT ALEX HURLEY s �l�R� sit 18380 RIVER EDGE LANE LAKE OSWEGO, OR 97034 SHERWOOD, OR 97140 sw Az Lm nm PHONE: 503-697-1066 PHONE: 503 925 8799 "' 9.° FAX 503-699-0780 FAX: 503 925 8969 s .� ,� tAlwLs 2� '' �i \ TAX LOT t00 Mg w,i �`. �. '� � h, _ �, PROPERTY DESCRIPTION TAX LOT 1100 (WASHINGTON COUNTY TAX MAP 2S-1-02AC) LOCATED IN THE NORTHEAST 1/4 OF VICINITY MAP SECTION 2, TOWNSHIP 2 CITY OFHTIGARD,E 1 WEST, NMT TO SCALE WASHINGTON COUNTY, OREGON LeggIP 1 EXISTING LAND USE: COMMERCIAL IN THE CBD ZONE Mill BM= EOM ORM aues la p p vor sem atm en a * "°"®'M"e1 • • SITE MAP ATE AREA: 27,007 SF (0.62 ACRES) NI neRO A A m am .a mar 1 1 x IRK NOT TO SCALE t- wo.MX L Le PROJECT PURPOSE: INGRESS / EGRESS MODIFICATION NECESSARY FOR TAX �„X • rt m m e LOT 1101 TO COMPLY WITH CITY OF TIGARD SITE DESIGN WON m 00”11 • ee BM REVIEW 2008-00004 •m mow o ........... o• — — maoU e01. . ee 1r al am ion 'OVeeO 0.0131 e AA e. ' a o PROJECT LOCATION: 12564 SW MAIN STREET, TIGARD, OR 97223 i1MiC US 414111 _—"MR IX SHEET INDEX DATUM ELEVATIONS ARE BASED ON WASHINGTON COUP co.. ____—_— BENCHMARK NUMBER 488. BENCHMARK NUMBL„ a■ —_--. —___.— 488 IS A BRASS DISC LOCATED AT THE NORTHWEST °" :: Y 1 COVER SHEET WITH VICINITY AND SITE MAPS CORNER OF THE HIGHWAY 99W BRIDGE OVER FANNO wow _ CREEK. PUBLISHED ELEVATION: 166.122 (NGVD 1929). mu L,E �.._ ..._.-.- 2 PRELIMINARY CIRCULATION PLAN a.Q. • J]SLJ.4 .M —---w— .. FOR PLANNING PURPOSES ONLY. "°"aM —---^— THESE PLANS ARE NOT TO BE —____, a USED FOR CONSTRUCTION. REVISIONS: ENOeIBERNO • FLAHfa P1INMEYNO • Form V°0° a® n-M COVER SHEET MB®.9 8.. AS ,,w-, NUMBER WITH VICINITY AND arm Located ht �' Aa IYIt7t, ,s 2049 MO MI OIMIEAM m,5011E fro 9eR11000.Meta PFI�APED FOR I*C.0[A MATE,LLL 9F900a,a 01X9 1Ell11M10.McMXR 16105 WOO THRUSH STREET lEFf SITE MAPS P " eA° " "9""°' E 7ON� OREGON! 1 of 2 FA1C 503-10-5583 TAI Lm M6HA 1101 .591X0150 MOT TAX MAP 25-1-02AC AFTER RECORDING RETURN TO' Goddard 18395 SW Wood Thrush Lake ORw,ego,,OR 35 9 This space provided for recorder's use. RECIPROCAL EASEMENT AGREEMENT THIS EASEMENT AGREEMENT("Agreement')is made and entered into on the 14 day of Qom, ,2009("Effective Date")by and between Main Street,LLC,an Oregon Limited Liability Company and Michael Dudunakis (collectively,"Main Street"),and Two G's Real Estate,LLC,an Oregon Limited Liability Company("Two G's"). RECITALS A. Main Street is the owner of real property commonly referred to as 12564 SW Main Street,Tigard,Oregon; a legal description of Main Street's property is set forth on the attached and incorporated Exhibit A("Main Street Property"). Two G's is the owner of the real property commonly referred to as 12562 SW Main Street,Tigard,Oregon;a legal description of the Two G's property is set forth on the attached and incorporated Exhibit B("Two G's Property"). B. The Two G's Property is the subject of a joint Site Development Review and Variance application process before the City of Tigard, Oregon(SDR 2008-00004; VAR 2008-00020 and VAR 2008-00021)(collectively,the"Applications"). The City's final decision on the Applications includes conditions of approval which require Two G's to enter into a joint access and maintenance agreement with Main Street in regard to a common one-way driveway serving the Main Street Property and Two G's Property. The purpose of this Agreement is to satisfy those conditions of approval. C. The Parties have agreed to grant each other the easements and other rights as described herein. NOW,THEREFORE,for and in consideration of the performance of the mutual covenants, agreements,conditions and stipulations contained herein, it is mutually agreed by and between the Parties as follows: Page 1 —EASEMENT AGREEMENT M%J14-35794158631Joc'.11.114.1 AGREEMENT SECTION 1. DEFINITIONS 1.1 Easement Areas. The"Main Street Easement Area" is the cross-hatched area identified as access easement on the attached and incorporated Exhibit C and which includes a commonly used driveway,access way and drive aisle. A legal description of the Main Street Easement Area is attached and incorporated as Exhibit D. The"Two G's Easement Area" is the cross-hatched area identified as access easement on the attached and incorporated Exhibit E and which includes a commonly used driveway,access way and drive aisle. A legal description of the Two G's Easement Area is attached and incorporated as Exhibit F. 1.2 Party or Parties. "Party"or"Parties"shalt mean Main Street and Two G's,together with their successors and permitted assigns. 1.3 Users. "Users"shall mean the Parties and their lessees,employees, lessee's employees, service providers, licensees, invitees,customers, contractors,and agents. 1.4 Lot. "Lot"shall mean each of the following: the Main Street Property and the Two G's Property. SECTION 2. EASEMENTS 2.1 Grant of Reciprocal Cross-Easements. Main Street and Two G's,as grantors,hereby grant to each other,as grantees,a perpetual, mutual, reciprocal, nonexclusive easement in,to,over, across, and through the Easement Area of their respective Lots in the location shown on Exhibits C and E for use as a vehicular driveway,drive aisle,and general ingress and egress over and through the entrances, exits, drive aisles,and driveways of their respective Lots;provided, however,the easement shall not include the right for vehicles to enter,cross,or use any parking areas now existing or hereafter located on their respective Lots. The easement provided for in this Subsection 2.1 shall be for the benefit of the Parties and the Users of all businesses and occupants of the buildings constructed on the Lots. Notwithstanding the foregoing,subject to compliance with the provisions of this Agreement, either Party may construct additional buildings or improvements on their respective Lots,so long as such construction does not occur within or otherwise obstruct the Easement Area(s). Any Party hereto may grant the benefit of such easements,rights and privileges to its tenants now or hereafter occupying a building, a portion of a building,or buildings on a Lot for the duration of such tenancy and to the agents, licensees, customers, employees,vendors,and business invitees of said owners and tenants, but the same is not intended to nor shall it be construed as creating any rights in or for the benefit of the general public. Each easement granted pursuant to this Subsection 2.1 shall be appurtenant to and for the benefit of the Lot or Lots owned by the grantee of each easement. 2.2 Temporary Construction Easement. Each of the Parties hereby grants to the other Party and to their respective successors and assigns a temporary construction easement to enter onto the portion of the Lot owned by such grantor as is reasonably necessary to make improvements on the • Easement Area which the owner of the other Lot may be(i)required to construct in order to comply with City ordinances,decisions or regulations or(ii)authorized to perform pursuant to the provisions of this Agreement. Each Party shall give the other Party at least thirty (30)days' prior written notice before commencement of such work unless in an emergency, in which case such Party shall give reasonable written notice under the circumstances. The Parties, their successors, and assigns,shall use the temporary construction easement granted under this Subsection 2.2 at reasonable times(and where feasible during off business hours)and in a reasonable manner,and shall promptly repair any damage to property caused Page 2—EASEMENT AGREEMENT 50014-36794 Ii&u4.do.'.11.1)4 1 .� by its use of such temporary construction easement and restore the affected property to its pre- construction condition or better. In no event shall the work permitted in this Section 2.1: (i) include use of the other Party's Lot as a construction staging area or(ii)block or materially impair traffic flow within or access to any Lot. All construction work shall be performed at the performing Party's sole expense and in accordance with all applicable laws. The Party undertaking the construction work shall obtain all necessary approvals and permits and cany all appropriate liability insurance naming the other Party as additional insured. SECTION 3. USE RESTRICTIONS AND REQUIRED IMPROVEMENTS 3.1 One-Way Only. The Easement Area shall be used only as a shared one-way drive aisle. Ingress to the Lots shall be through that portion of the Easement Area located on the Main Street Property; egress from the Lots shall be through that portion of the Easement Area located on the Two G's Property. 3.2 Improvements. All improvements within Easement Area shall comply with any and all legal requirements imposed by the City of Tigard,Oregon and other governmental agencies with jurisdiction over the Lots. The surface of the drive aisle shall be: (i)thirteen feet(13')wide for a segment of approximately fifty feet(50')on the Two G's Property between the building located on such property and the 100-year flood plain and(ii)fifteen feet(15')wide on the remainder of the Easement Areas on both Lots. The surface of the drive aisle within the Easement Area on both Lots shall be permanently and plainly marked one way; such markings shall include prominent directional arrows no less than feet O apart. SECTION 4. MAINTENANCE Each Party shall be responsible,at its sole cost and expense,to keep all improvements constructed within the Easement Area on their respective Lots in a well maintained, safe,clean and attractive condition at all times. The Parties further agree that to the extent the Parties require access to the Easement Areas on the other Party's Lot to maintain its property as required by this Agreement,each hereby grants to the other temporary access as is reasonably necessary to perform such maintenance. SECTION 5. LIENS. Each Party shall keep the Lot owned by the other Party free from any and all liens arising out of any work performed, materials furnished to or obligations incurred in connection with performing their obligations under this Agreement. If a lien is filed, the Party who contracted for the work shall,within fifteen(15) days after the date it receives notice of the imposition of any such lien, pay the lien claim in full,unless it desires to contest any such lien claim, in which case the Party shall,within such 15-day period and as a condition precedent to its right to so contest,record a bond executed by a corporation authorized to issue surety bonds in the State of Oregon to the effect that the principal on the bond shall pay the amount of the claim and all costs and attorney fees that are awarded against the land on account of the lien. The bond shall be in such amount as may be required by Oregon law(see ORS 87.076(1))to release the lien from the affected Lot. SECTION 6. INDEMNIFICATION. Each Party hereby indemnifies and saves the other Party harmless from any and all liability,damage, expense,causes of action, suits,claims,or judgments arising from personal injury,death,or property damage and occurring on or from its own Lot or its use of the Easement Areas on or over the other Party's Lot, including without limitation,environmental liability or damage arising out of a Party's use of N014-367'94 I i863J.doc./LD.1! 7 Page 3 —EASEMENT AGREEMENT � f �� • the Easement Area on or over the other Party's Lot,except to the extent caused by the act or negligence of the Party so indemnified. SECTION 7. INSURANCE. Each owner of a Lot shall maintain at all times,at its sole costs and expense,comprehensive public liability insurance and property damage liability insurance in respect of the Lot with Two Million and No/l00 Dollars($2,000,000.00)minimum combined single limit coverage, or its equivalent. SECTION 8. MISCELLANEOUS 8.1 Severability. If any provision of this Agreement or the application thereof to any person or circumstances shall,to any extent,be held invalid, inoperative or unenforceable,the remainder of this Agreement, or the application of such provision,to any other person or circumstance shall not be affected thereby. The remainder of this Agreement shall be given effect as if such invalid or inoperative portion had not been included. It shall not be deemed that any such invalid provision affects the consideration for this Agreement and each provision hereof shall be valid and enforceable to the fullest extent permitted by law, 8.2 Oregon Law. This Agreement shall be construed in accordance with the laws of the State of Oregon. 8.3 Notices. All notices,approvals,consents or requests given or made pursuant to this Agreement shall be deemed made: (a)upon receipt by personal delivery when written acknowledgment of receipt thereof is given,(b)if given by United States mail,certified mail,return receipt requested,with postage prepaid,two(2)days after it is deposited in the mail or(c) if given by a nationally recognized overnight carrier prepaid for next business day delivery. Notices shall be addressed as follows until a new address for notices shall be designated by notice in the manner provided in this paragraph to all other Parties: If to Main Street: Main Street LLC Attn: George Diamond 18380 River Edge Lane Lake Oswego OR 97034 If to Two G's: Two G's Real Estate, LLC Attn: Russ Goddard 18395 Wood Thrush Street Lake Oswego OR 97035 8.4 Headings. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this document nor in any way affect the terms and provisions hereof. 8.4 Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto in regard to the subject matter stated herein. The Parties do not rely upon any statement, promise or representation not herein expressed,and this Agreement once executed and delivered shall not be Page 4— EASEMENT AGREEMENT 50011-36794/5g634.e ocJI.u.r modified or altered in any respect except by a writing executed and delivered by the parties hereto, or their successors or assigns,and recorded in the public records of Washington County,Oregon. 8.5 Rights of Successors. The easements, benefits, and obligations hereunder shall create mutual benefits and servitudes running with the land. This Agreement shall bind and inure to the benefit of the Parties hereto,their respective heirs,representatives,successors and assigns of the benefited Lots. 8.6 Duration. All of the easements and other rights granted,and all other rights and obligations set forth in this Agreement shall continue in perpetuity. IN WITNESS WHEREOF,the Parties have executed this Agreement the day and year first written above. MAIN STREET,LLC,an Oregon limited Two G's Rea state, LLC, re n limited liability company , _ liability p iy By: 7f7it y: ,/ , ' Name: 6-P AI . £! ti 6'►a�r ' IN: e: +' Its: iK e 4.11 (d(2( _ f • '''4'■1.0.. �,.C,0 STATE OF OREGON ) )ss. 'County of Piork9Li ) On the /(o'' day of,iir,( , in the year 2009, before me,the undersigned,a notary public in and for said state, personally appeared Ceor'9e N. i itcrJ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instruments,the individual(s),or the person upon behalf of which the individual(s)acted,executed the in j ent. fY or FECAL SEAL Notary •ubiic for Oregon (i._, ° CARLEY ANN GRAHAM `y g �' argil NOTARY PUBLIC-OREGON () My commission expires: FFe�i/uay� -, i t9 COt�i!�11SSIOl4 NO.414<+82 11 MY COMMISSION EXPIRE S FEB.21,2011 -� --- -.�-: --�, Page 5 —EASEMENT AGREEMENT 50014-34794 138634.& ,11,D 4.1 STATE OF OREGON ) ,,,, ( )ss. County of R .i t(J ) On the I i day of APJ L ,in the year 2009,before me the undersigned,a notary public in and for said state, personally appeared]kk5 LL Lc)mt-P.1 personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instruments,the individual(s),or the person upon behalf of which the individual(s)acted, 'e 6 cuted the ins.• &nt. �C+ 1 IL 8.'P-- i s:�, OFFICIAL SEAL Notary Public for Oregon '`` � COURTNIE D PERMAN My commission expires: I0.t4.A I t rd " .�, NOTARY ON EXPIRES PUBLIC-OREGON �, COMMISSION NO.422302 MY COMMISSION EXPIRES OCTOBER 14,2011 Page 6— EASEMENT AGREEMENT 30014-36794138634.docJ1.1)4l . ,„, Sw Ma�N - — _ EXHIBIT D STREET N5554'000E NAP OF ACCESS EASEN EN T 16.79' A PORTION OF DOCUMENT N60'47'14"W 11111111144 NUMBER 2008-000897 15.83' 560• 4714E 8.42' LOCATED IN THE NORTHEAST 1 /4 N59'47'30"W 559.47,1„," OF SECTION 2, T2S, R1W, W.M., 17.59' E 19.13p OF TIGARD CITY , WASHINGTON 3 ,,, COUNTY, OREGON O N O ,, O , SCALE 1" = 30 FEET z \cn Mi C9 L=4.19' iii iiii N Tn a—) DOC. NO. co u, 2008-000897 I '\_) U 7 z PREPARED FOR Q _ N AREA: R o C8 t-8.64 \ 3,315 SF± GENERAL CLIENT SERVICES, INC. N75'22'13"W 1.55 ` 18395 WOOD THRUSH ST 547'24'41"E LAKE OSWEGO, OR 97035 co;,, c` 4, 6.60' z ` ° THE BASIS OF BEARINGS IS 9 '.6 PER WASHINGTON COUNTY C7 L=1.49' ` � (-N SURVEY NUMBER 28,308. N (1,1 627'24'26"E C6 o��.3 tir0 11.28' LEGEND L=29.07' ` `tip' ❑ 5/8" IRON ROD W/YPC " ' INSCRIBED "CITY OF TIGARD :"7'J N44'42 08"E ,t.,' ' \' W/YPC WITH A YELLOW PLASTIC CAP 0 19.04' cp / LIFL\, CURVE TABLE. CURVE ' RADIUS DELTA LENGTH CHORD ' C5 50.00' 47'34'55" 41.52' 520'54'41"W 40.34' Y 3 S44'42'08"W 19.02' o C6 35.00' 47'34'55" 29.07' N20'54 41'E 28.24' in j TRUE POINT OF BEGINNING C7 2.00' 42'40'32" 1.49' N24.13'03"W 1.46' sz POINT OF BEGINNING C8 28.00' 17'40'15" 8.64' N66'32'06"W 8.60' SOUTHERLY CORNER OF C9 28.00' 8'34'55" 4.19' , N53'24'31"W 4.19' ❑ DOC. NO. 2008-000897 -" REGISTERED ENGINEERING • PLANNING • LANDSCAPE ARCHITECTURE PROFESSI'i NAL - JOB NAME: SW MAIN ST FORESTRY • SURVEYING LA is SU) l Y(• LICENSED IN OR & WA JOB NUMBER: 2049 v 13910 SW GALBREATH DRAWN BY: MSK DRIVE, SUITE 100 OREGON SHERWOOD, OR 97140 JULY 15, 2003 CHECKED BY: NSW PHONE: (503) 925-8799 ALEXANDER H. HURLEY EM'INEAR/NG FORESTRY 56539L5 FAX: (503) 925-8969 RENEWAL DATE: 6/30/09 DWG NO.: 2049EXH 1 OFFICES LOCATED IN REDMOND, OR & VANCOUVER, WA ENGINEERING PLANNING LANDSCAPE ARCHITECTURE FORESTRY SURVEYING 13910 S.W.Galbreath Dr.,Suite 100 Offices Located In: Sherwood,Oregon 97140 SHERWOOD,OREGON Phone: (503)925-8799 ENGINEERING&FORESTRY REDMOND,OREGON Fax: (503)925-8969 VANCOUVER,WASHINGTON www.aks-eng.com EXHIBIT A Legal Description of Access Easement A portion of Document Number 2002-113691, located in the Northeast 1/4 of Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon and being more particularly described as follows: Beginning at a 5/8 inch iron rod with a yellow plastic cap inscribed "City of Tigard" at the southerly corner of Document Number 2002-113691; thence along the southwesterly line of said Document Number North 45°46'32"West 218.44 feet to a point; thence North 44°13'28"East 2.00 feet to the True Point of Beginning; thence along a line parallel to and 2.00 feet northeasterly of the southwesterly line of said Document Number North 45°46'32"West 126.86 feet to a point; thence along a tangential curve to the right with a Radius of 43.00 feet, Delta of 24°17'49", Length of 18.23 feet, and a Chord of North 33°37'37"West 18.10 feet to a point; thence North 21°28'43"West 20.93 feet to a point on the southerly right-of-way line of SW Main Street(30.00 feet from centerline); thence along said southerly right-of-way line North 55°54'00"East 15.37 feet to a point; thence South 21°28'43"East 24.29 feet to a point; thence along a tangential curve to the left with a Radius of 28.00 feet, Delta of 24°17'49", Length of 11.87 feet, and a Chord of South 33°37'37"East 11.78 feet to a point; thence South 45°46'32"East 126.86 feet to a point; thence along a tangential curve to the left with a Radius of 28.00 feet, Delta of 89°31'20", Length of 43.75 feet, and a Chord of North 89°27'48"East 39.43 feet to a point; thence North 44°42'08"East 39.12 feet to a point on the southwesterly line of Document Number 2008-000897; thence along said southwesterly line South 45°21'21"East 15.00 feet to a point; thence South 44°42'08"West 39.13 feet to a point; thence along a tangential curve to the right with a Radius of 43.00 feet,Delta of 89°31'20", Length of 67.19 feet, and a Chord of South 89°27'48"West 60.56 feet to the True Point of Beginning. The above described tract of land contains 3,887 square feet,more or less. The Basis of Bearings is per Washington County Survey Number 28,308. Z—y._0 y REGISTERED PROFESS •NAL ' LA f" SL/V YG' APP- OREGON JULY 15,2003 ALEXANDER H. HURLEY 56539i..S I RENEWAL DATE. , - 3B - '9 ENGINEERING PLANNING LANDSCAPE ARCHITECTURE FORESTRY SURVEYING 13910 S.W. Galbreath Dr.,Suite 100 Offices Located In: Sherwood,Oregon 97140 SHERWOOD,OREGON is Phone:(503)925-8799 ENGINEERING&FORESTRY REDMOND,OREGON Fax:(503)925-8969 VANCOUVER,WASHINGTON www.aks-eng.com EXHIBIT C Legal Description of Access Easement A portion of Document Number 2008-000897, located in the Northeast 1/4 of Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon and being more particularly described as follows: ct Beginning at a 5/8 inch iron rod with a yellow plastic cap inscribed "CITY OF TIGARD" at the most southerly corner of Document number 2008-000897; thence along the southwesterly line of said Document Number North 45°21'21"West 45.90 feet to the True Point of Beginning; thence continuing along said southwesterly line North 45°21'21"West 15.00 feet to a point; thence North 44°42'08"East 19.04 feet to a point; thence along a tangential curve to the left with a Radius of 35.00 feet, Delta of 47°34'55", Length of 29.07 feet, and a Chord of North 20°54'41"East 28.24 feet to a point;thence North 02°52'47"West 30.90 feet to a point; thence along a tangential curve to the left with a Radius of 2.00 feet,Delta of 42°40'32", Length of 1.49 feet, and a Chord of North 24°13'03"West 1.46 feet to a point;thence North 45°33'18"West 30.97 feet to a point;thence North 75°22'13" West 1.55 feet to a point;thence along a tangential curve to the right with a Radius of 28.00 feet,Delta of 17°40'15", Length of 8.64 feet, and a Chord of North 66°32'06"West 8.60 feet to a point;thence North 57°41'58" West 26.68 feet to a point; thence along a tangential curve to the right with a Radius of 28.00 feet, Delta of 8°34'55", Length of 4.19 feet, and a Chord of North 53°24'31"West 4.19 feet to a point; thence North 49°07'03"West 30.02 feet to a point; thence North 59°47'30"West 17.59 feet to a point; thence North 60°47'14"West 15.83 feet to a point on the southerly right-of-way line of SW Main Street(30.00 feet from centerline); thence along said southerly right-of-way line North 55°54'00"East 16.79 feet to a point; thence South 60°47'14"East 8.42 feet to a point; thence South 59°47'30"East 19.13 feet to a point; thence South 49°07'03"East 32.39 feet to a point;thence South 57°41'58"East 43.29 feet to a point; thence South 47°24'41" East 6.60 feet to a point; thence South 42°04'22" East 23.68 feet to a point; thence South. 27°24'26" East 11.28 feet to a point; thence South 02°52'47"East 29.26 feet to a point; thence along a tangential curve to the right with a Radius of 50.00 feet,Delta of 47°34'55", Length of 41.52 feet, and a Chord of South 20°54'41"West 40.34 feet to a point;thence South 44°42'08"West 19.02 feet to the True Point of Beginning. The above described tract of land contains 3,315 square feet, more or less. The Basis of Bearings is per Washington County Survey Number 28,308. G- '� REGISTERED PROFESSIONAL LAND SU " r O r OREGON JULY 1 2003 ALEXANDER H. HURLEY 56539LS �RENEIh'AL DATE; ' 9 EXHIBIT B MAP OF ACCESS EASEvIENT A PORTION OF DOCUMENT NUMBER 2002-113691 LOCATED IN THE NORTHEAST 1/4 OF SECTION 2, T2S, R1 W, W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON / SCALE 1" = 30 FEET N�� 521'28'43"E 24.29' PREPARED FOR t GENERAL CLIENT SERVICES, INC. 18395 WOOD THRUSH ST •��,A C2 L=11.87' LAKE OSWEGO, OR 97035 f' c>, 141 AREA: DOC. NO. €, lloi�5 3,887 SF± 2002-113691 DOC. NO. \,* 2008-000897 . DOC. NO. ., s��6' 2006-020386 o ti ,�� sus. 6� •gyp l�.O�, LEGEND `,`' , �'� o ❑ 5/8" IRON ROD W/YPC ��, e6' Ot"C/ INSCRIBED "CITY OF TIGARD" ��o'ti 111100 , W/YPC WITH A YELLOW PLASTIC CAP C3 � ^° �L=43.75' THE BASIS OF BEARINGS IS ��'PER WASHINGTON COUNTY pF BEGINNING ��°�� SURVEY NUMBER 28,308. bc I N4413'28"E 2.00' ` 5 , CURVE TABLE C4 L=67.19' f',1 CURVE RADIUS DELTA LENGTH CHORD times_ POINT OF 1 Cl 43.00' 24'17'49" 18.23' N33'37'37"W 18.10' 56- BEGINNING ;j C2 28.00' 24'17'49" 11.87' S33'37'37"E 11.78' �`'4' SOUTHERLY C3 28.00' 89'31'20" 43.75' N89'27'48"E 39.43' 8 CORNER OF DOC. ' C4 43.00' 89'31'20" 67.19' S89'27'48"W 60.56' ��" NO. 2002-113691 \. • STERED ENGINEERING • PLANNING • LANDSCAPE ARCHITECTURE REGI PR•F S ER L ' JOB NAME: SW MAIN ST FORESTRY • SURVEYING LA∎11 S U`; � • � LICENSED IN OR & WA■ JOB NUMBER: 2049 #7. P- 13910 SW GALBREATH DRAWN BY: MSK DRIVE, SUITE 100 OREGON SHERWOOD, OR 97140 JULY is, 2003 CHECKED BY: NSW PHONE: (503) 925-8799 ALEXANDER H. HURLEY NCIN�'�'RINC FORh'S'TRY I, 56539LS FAX: (503) 925-8969 RENEWAL DATE: 6/30/09 DWG NO.: 2049EXH OFFICES LOCATED IN REDMOND, OR & VANCOUVER, WA Ir> A -, , ‘ • --. i ..,. • \ - „ ,. . #./.7"... _.7' .... . ,/. /.. . . ...,. .. ,_ .... ..... , _..„, -'s "1.-: •..... __,,, \ , • .. . • , \ N Ersrpic BUILDING .. \\ ..,.... , .N \ (TO Rtlio um.TERED) TAX LOT 1101 \ \ \ ,..---..-.... TAX MP 25 1 OVC . EXISTING STAJO WASTE \ \ NV RECYCLE STORAGE AKA k ! .,...-•••• (TO REIM UNALTERED) , .W ' 1 \ \ - \ /-..• ,;.-t .-- COSTING 1WOOD SCREENING I I , Ft.(TO REWIAL) ' '/ . 1 i ...,_- . , 1 1 • I I I ‘ \ TAX LOT 1(00 D o WP 2S 1 OM 4- I I •19. 0 " ••" , •" 4, , .•••• —*A ..t. ' " •• XSIA• . ttiL4N ..•••••,.-•• sPil.'i - A . / , ,Ip....... . ,- . , ti , : , ___.. SC ALE 1- 44k.N, \\ ' • -a.- .,,,.\,- „ . . ,..., „Ap,v, I . . , 40 TAX LOT 200 TAX MAP 25 I 0 ...' „ e --v-ei,.. , 4..., - 4. ii• K • e• \ . .. , •tt \ / 44..„ • 1„...,N s•••••A\ „s o''' .:.:le.: •.. . 40, '\ \ I ACCESS Ng& / 4 .\ .2P) • I \ s• /4:titN7 TA,/4'. ., 0 ,. - • .f).' TAX MAP 2S I 02AC TAX LOT )34 ca. , •- q* ''---- -------4\\ %,.., TAX MAP 25 1 ■••• .. : APPROXIMATE LOCATION '''••••••• ............---.. \ A OF EXISTING PARMAX CO' \'• ../,' CCESS .•.,. 4p, 1 ' '4■).,_16. Ns, .i . \‘. \ I. ■ 1 V‘„•\. ';41r N. ,. I . N. .‘‘. •- • '• i Nk, •,,, ••'.. \ -. T I i■• . ''• I ;• •- I . . •it,... :T.44. ACCESS ; 2:, i ,;,r; \\Ns ISLE ACCESS ISLE • , ...' / ... \ 1' • \ N., •■,, \... . ., .,. -,„ ... .. . .... ...• I ',.,. .. ..\\,/ .„.„, \\ : .. ‘ • ______ EXHIBIT A Legal Description: Main Street Property EXHIBIT B Easement Area Map: Main: Street Property EXHIBIT C Legal Description: Two G's Property EXHIBIT D Easement Area Map: Two G's Property EXHIBIT E Easement Area Map Entire Easement Area Two G's Property/Main Street Property