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MMD2007-00026 MMD2007 00026 LUCY STORE AT WASHINGTON SQUARE MAIL I City of Tigard, Oregon - 13125 SW Hall Blvd. • Tigara, OR 97223 eI September 10,2007 1 David Glover Epoch Design Group T I GARD 1155 Olivette Executive Pkwy., Suite 100 St. Louis, MO 63132 RE: lucy Store at Washington Square Mall Minor Modification Request Case File No. MMD2007-00026 Dear Mr. Glover: This letter is in response to your request for a Minor Modification (MMD2007-00026) of the approved site development plans (SDR2003-00012). The tenant space located at 9339 SW Washington Square Road, Suite T11 (WCTM 1S12600, Tax Lot 0300), was previously occupied by Janeville. Proposed façade modifications will reflect the tenant change. Because the site is located within the Washington Square Regional Center (WSRC),building design standards apply. The zoning of the site is Mixed Use Commercial(MUC. 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." 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. The proposed facade changes do not require additional on-site parking. This criterion is not applicable. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural type of the buildings is proposed. Therefore, this criterion is satisfied. 5. An increase in the height of the building(s) by more than 20 percent. The new facade will not extend above the existing parapet. The height of the building will not increase. This standard is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. No changes are proposed to the existing accessways or parking area of Washington Square. This standard is met. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The previous and roposed uses are the same, Sales - Oriented Retail. No significant increase in traffic to and from the mall is anticipated by the proposed change. Therefore,this criterion is satisfied. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 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 applicant is not proposing an expansion to the building floor area with this application. Only a remodel of the existing 2,867 square feet and exterior facade change is proposed. This standard has been 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 for 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 proposed building facade modification will have no effect on site amenities such as landscaping. This criterion has been met. 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 through a Site Development Review in 2004 (SDR 2003-00012). Staff has reviewed this decision. Condition # 19 requiring a minimum of 2,100 square feet of window area is provided along the entire exterior facade of the expansion. The applicant has addressed the Washington Square Regional building design standards to show the requirements are still met by the facadegchange. Calculations taken from the original SDR file show 126 square feet of window area on the existing Janeville facade. The new lucy facade will have 382 based on elevation plans provided by the applicant. This condition continues to be me by the proposed facade change. 18..630.060 requires buildings constructed in the MUC,MUE and MUR zones within the WSRC shall comply with the following design standards. Ground floor windows. All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may-be met on an adjoining elevation as long as the entire requirement is located at a building corner. The applicant did not provide calculations to show how the 50% criterion is met. Staff utilized a scaled elevation plan provided by the applicant to get the measurements. The ground floor wall area is 180.6 square feet, so the window requirement is 90 square feet. The original SDR approval states that to acknowledge security concerns and reflect the predominant development design of the remainder of the mall, this window area may be provided anywhere between grade and the roof parapet. The plan shows a total of 382 square feet of windows/display areas within the facade. This criterion has been satisfied. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (1) a variation in building materials; (2) a building off- set of at least 1-foot; (3) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or(4) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. Page 2 of 3 3 1 The applicant states that the facade does not extend more than 50 feet, therefore this standard is not applicable. The facade of this tenant spaces is approximately 30 feet wide,but the entire facade of the building over 50 feet. Based on the elevation provided this facade has aluminum fascia projections and the material used differ from the tenant spaces on either side (Sephora and Pottery Barn Kids). This criterion has been satisfied. Weather protection. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encourage along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. The lucy tenant space has no exterior public entries, but three canvas awnings are proposed over the ground floor windows abutting the sidewalk. There is one service entrance along the facade that has weather protection. This standard is satisfied. Building Materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. The applicant has provided a building elevation with description of materials and a materials board. The proposed finish materials are scored exterior insulated finish, metal trim and fascia protection, and orange canvas awnings. None of the proposed materials are prohibited. This criterion has been met. Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. The applicant states that the storefront is below the building parapet and will not blur the building lines. No false front or false roof is proposed. Roof-mounted equipment. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. No change to the location of the roof-mounted equipment is proposed and currently it is not visible. 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, or injurious to surrounding properties, provided that development which occurs after this decision complies with all applicable local,state,and federal laws. 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 Caines Associate Planner Page 3 of 3 AFFIDAVIT OF MAILING I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County,Oregon and that I served the following: (C heck Apprcpnae Box(s)Below) © NOTICE OF DECISION FOR MMD2007-00026/LUCY STORE (File NoiName 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 September 10,2007,and deposited in the U • -• .: -s Mail on September 10,2007,postage prepaid. /,/ / M A (Person that Prepared ►.otice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the a2 ( day of ) - ,2007. 0.11- OFFICIAL SEAL = SHIRLEY L TREAT NOTARY PUBLIC-OREGON COMMISSION NO.416777 NOTARY P LIC OF OREGON MY COMMISSION EXPIRES APRIL 25,2011 41,1571/ My Commission Expires: • . EXHIBIT A City of Tigard, Oregon ► 13125 SW Hall Blvd. • Tigard, OR 97223 UI September 10,2007 • N David Glover Epoch Design Group T I GARD 1155 Olivette Executive Pkwy., Suite 100 St.Louis,MO 63132 RE: Lucy Store at Washington Square Mall Minor Modification Request Case File No. MMD2007-00026 Dear Mr. Glover: This letter is in response to your request for a Minor Modification (MNID2007-00026) of the approved site development plans (SDR2003-00012). The tenant space located at 9339 SW Washington Square Road, Suite T1l (WCTM 1S12600, Tax Lot 0300), was previously occupied by Janeville. Proposed façade modifications will reflect the tenant change. Because the site is located within the Washington Square Regional Center (WSRQ,building design standards apply. The zoning of the site is Mixed Use Commercial(MUG) 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." 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. The proposed façade changes do not require additional on-site parking. This criterion is not applicable. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural type of the buildings is proposed. Therefore, this criterion is satisfied. 5. An increase in the height of the building(s.) by more than 20 percent. The new facade will not extend above the existing parapet. The height of the building will not increase. This standard is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected.- No changes are proposed to the existing accessways or parking area of Washington Square. This standard is met. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The previous and roposed uses are the same, Sales - Oriented Retail. No significant increase in traffic to and from the mall is anticipated by the proposed change. Therefore,this criterion is satisfied. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 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 applicant is not proposing an expansion to the building floor area with this application. Only a remodel of the existing 2,867 square feet and exterior facade change is proposed. This standard has been 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 ercent. There are no areas reserved for common open space for this development. This standardpdoes 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 proposed building facade modification will have no effect on site amenities such as landscaping. This criterion has been met. 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. through a Site Development Review in 2004 (SDR 2003-00012). Staff has reviewed this decision. Condition # 19 requiring a minimum of 2,100 square feet of window area is provided along the entire exterior facade of the expansion. The applicant has addressed the Washington Square Regional building design standards to show the requirements are still met by the facade change. Calculations taken from the original SDR file show 126 square feet of window area on the existing Janeville facade. The new lucy facade will have 382 based on elevation plans provided by the applicant. This condition continues to be me by the proposed facade change. 18..630.060 requires buildings constructed in the MUC,MUE and MUR zones within the WSRC shall comply with the following design standards. Ground floor windows. All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall-be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement maybe met on an adjoining elevation as long as the entire requirement is located at a building corner. The applicant did not provide calculations to show how the 50% criterion is met. Staff utilized a scaled elevation plan provided by the applicant to get the measurements. The ground floor wall area is 180.6 square feet, so the window requirement is 90 square feet. The original SDR approval states that to acknowledge security concerns and reflect the predominant development design of the remainder of the mall, this window area may be provided anywhere between grade and the roof parapet. The plan shows a total of 382 square feet of windows/display areas within the facade. This criterion has been satisfied. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features:(1) a variation in building materials; (2) a building off- set of at least 1-foot; (3) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or(4) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. Page 2 of 3 The applicant states that the facade does not extend more than 50 feet, therefore this standard is not applicable. The facade of this tenant spaces is approximately 30 feet wide, but the entire facade of the building is over 50 feet. Based on the elevation provided this facade has aluminum fascia projections and the materials used differ from the tenant spaces on either side (Sephora and Pottery Barn Kids). This criterion has been satisfied. Weather protection. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. The lucy tenant space has no exterior public entries, but three canvas awnings are proposed over the ground floor windows abutting the sidewalk. There is one service entrance along the facade that has weather protection. This standard is satisfied. Building Materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. The applicant has provided a building elevation with description of materials and a materials board. The proposed finish materials are scored exterior insulated finish, metal trim and fascia protection, and orange canvas awnings. None of the proposed materials are prohibited. This criterion has been met. Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. The applicant states that the storefront is below the building parapet and will not blur the building lines. No false front or false roof is proposed. Roof-mounted equipment. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. No change to the location of the roof-mounted equipment is proposed and currently it is not visible. 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, or injurious to surrounding properties, provided that development which occurs after this decision complies with all applicable local,state,and federal laws. 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 Caines Associate Planner Page 3 of 3 S PPR Washington quare LL C EXH I B ITEM By eProperty Tax-Dept 108 MMD2007-00026 PO Box 4900 LUCY STORE @ WASHINGTON SQUARE MALL Scottsdale,AZ 85261 Daviud Glover Epoch Design Group 1155 Olivette Executive Pkwy.,Suite 100 St. Louis,MO 63132 CLEAR ALUMINUM COPING AT ROOF PARAPET ADJACENT TENANT 30'-1i" ADJACENT TENANT SIGN LETTERS } } PIN-MOUNTED TO CLEAR ALUMINUM PROJECTING ALUMINUM FASCIA PROJECTION FASCIA-MAX.LETTER HEIGHT TO BE 36" --________ Q SCORED EXTERIOR - TRANSLUCENT INSULATED FINISH • ' ORANGE VINYL FILM FO SYSTEM(COLOR/FINISH I _ -_ �, APPLIED TO TO SUBORDINATE TO o p INTERIOR GLAZING DISPLAY WINDOW- - SURFACE APPROXIMATE POTTERY _-_- __-- ti BARN KIDS) �/ 1„' o if ". r TRANSLUCENT FILM 7 /i► , r �r TRANSLUCENT APPLIED TO INTERIOR SUPERGRAPHIC FILM SURFACE AT UPPER APPLIED TO GLAZING SYSTEM +�, INTERIOR SURFACE RETURNS-OPACITY TO I -•• 'o AT UPPER GLAZING MATCH BACKGROUND I I I �l�' b. SYSTEM OF SUPERGRAPHIC 00 I TRANSLUCENT ,� ORANGE VINYL FILM co APPLIED TO CANVAS AWNING -T- o INTERIOR GLAZING -TYP.OF 3 _-__ m't Ni SURFACE WHITE VINYL o LETTERING ON FACE "co OF AWNING-TYP. -- L___ 1 --_i ___, OF 2-MAX.LETTER I I �� HEIGHT TO BE 12" � o Iuey "co I - J / \ I OPENING TO SPRINKLER ROOM / \ SERVICE ENTRY SERVICE DOORS • - \ ° BEYOND \ / \ // 1-7-1 L_ i_ 1 " 3p. DISPLAY WINDOW 50 616 0 F /8 0.60 — ELEVATION 90. 3 Ti 1 u..3? (3 J x /7. 5 ' Igo SERVICE ENTRY 3a STOCK ROOM SPRINKLER ROOM EXISTING WATER 7 RISER CLOSET _,�...�- �--�-- DISPLAY WINDOW 2 i �__. FINAL APPROVAL "' CITY ©+F TlGAJID PLANNING Gale ISK)0,1 — — — — —— — CANVAS AWNING FASCIA/CANOPY ABOVE'-TYP.OF 3 //l PLAN VIEW OVER SERVICE BYC "'‘.4° DATE 9 ^::u 7 1 ENTRY D-11T epoch designgroup A R C H I i C T U R F. WASHINGTON SQUARE-TIGARD,OR =µ. -,,,,, µ PRELIMINARY EXTERIOR STOREFRONT ELEVATION-R0.3 SCAB 1/r=1'-0' PROJECT#07098 07/1 3/07 MINOR MODIFICATION TYPE I APPLICATION City of Tigard Permit Center 13125 SW Hall Blvd, Tigard OR 97223 TI G A R D Phone: 503.639.4171 Fax:503.598.1960 11. A modification to the conditions imposed at the GENERAL INFORMATION time of Site Development Review approval that are not the subject of Criteria I through 10 above. Property Address/Location(s): %95 sw I5/t/A/1)ZZ4./ Sr?U4I6 SPAN T// Tax Map&Tax Lot#(s): J S A(p 000030 O Site Size: FOR STAFF USE ONLY Applicant*: DAV/9 Q, !y'iodE,P Case No.(s): J M� � 1 —1/4.)' ‘I' 2'k Address: 1/55 0 'LET7 gleee, fkii/4. 6u 100) City/State: 5r, 1.004/ 1Y10 Zip: 63132 Other Case No.(s): ` Primary Contact: Receipt No.: �Y3-1 _ 3 11 f° Phone: 314 72/ /340 Fax: 3/4- 721— 0344- Application Accepted By: 0 Property Owner/Deed Holder(s)*: (Attach list if more than one) Date: e,2 /°7 PfI was l'aine-}on StL26it LLG1 a Qelgwaff Lfri, 4 S -30 Address: Phone" .� G° Date Determined Complete: / City/State: Zip: Rev.7/1/07 is\curpin\masters\land use applications\minor modification app.doc * 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 owner(s)must sign this application in the space provided REQUIRED SUBMITTAL ELEMENTS on the back of this form or submit a written authorization with this application. (Note: applications will not be accepted PROPOSAL SUMMARY without the required submittal elements) The owners of record of the subject property request permission for a Minor 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 ® Application Form within Section 18.360.050(B) of the Tigard Development Code. If the modification 0 exceeds the maximum allowed under any one or more of the following criteria,a Owner's Signature/Written Authorization Major Modification review is required. Major Modifications are processed in the [ 1 Title Transfer Instrument or Deed same manner as a new Site Development Review. In a separate letter,please address the criteria below contained in Section 18.360.050(B) including a detailed response to [] Site Development Plan(3 copies) each criteria. ® Site/Plot Plan(reduced 8W te 1 Y) 1. An Increase in dwelling unit density or lot coverage for residential development. 2. A change in the ratio or number of different types of dwelling units. IX3 Applicant's Statement(3 copies) 3. A change that requires additional on-site parking in accordance with Chapter (Addressing Criteria Under Section 18.360.050(B) 18.765. riKI Filing Fee $574.00 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. 5. An increase in the height of the building(s)by more than 20%. 6. A change in the type and location of accessways and parking areas where off-site In addition,the Director must find that the proposed traffic would be affected. change complies with the underlying standards of the 7. An increase in vehicular traffic to and from the site and increase can be expected applicable zoning district. To complete this review, to exceed 100 vehicles per day. the Applicant's proposal must include a discussion 8. An increase in the floor area proposed for a non-residential use by more than indicating how the site expansion will continue to 10%excluding expansions under 5,000 square feet. comply with the minimum setback, building height, 9. A reduction in the area reserved for common open space and/or usable open parking land landscaping standards. Other applicable space that reduces the open space area below the minimum required by this code requirements such as minimum Clear Vision areas or reduces the open space area by more than ten percent. near driveways and street intersections may also be 10. A reduction of project amenities (recreational facilities, screening, and/or, applicable depending on where the building landscaping provisions)below the minimum established by this code or by more expansion is proposed to be constructed on the site. than 10%where specified in the site plan. 1 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. DA IED this I day of Au..90s J ,20 0 7 PPS Was h;� ' S�ua� LL C. a. De lawarQ 'irYl�tCpA 1;4 6101-1 spay {py; Place ri�l. tla..,* ie„ner4 COr4,arr l ILL Cl a ,Oe!aware lirn��eJ iIab. y coo?*/v/ 145 Ilana4Ay15 •49e4 Owner's Signature Owner's Signature Own is Signature ^^ Owner's Signature SOY1ae AlyrN s4'o Sr /"lava er, Pro e Bona mend' `l 59 5 S W Was h erlon S uare R.01. —rDaroli OK 11 a 1S12600-00300 PPR WASHINGTON SQUARE LLC BY ePROPERTY TAX-DEPT 108 PO BOX 4900 SCOTTSDALE,AZ 85261 INI CITY OF TIGARD 8/29/2007 ea • 13125 SW Hall Blvd. 12:20:47PM Tigard,OR 97223 503.639.4171 11GARI) Receipt #: 27200700000000003966 Date: 08/29/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2007-00026 [LANDUS]Minor Modification 100-0000-438000 500.00 MMD2007-00026 [LRPFJ 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 EPOCH DESIGN GROUP INC. KJP 8255 In Person 574.00 Payment Total: $574.00 cReceipt.rpt Page 1 of I • 12.6.FYA)cs Fog- sliz-OAIAL Li (-- '1), pat.OS t .,. ., Hey 1 i.75•between'y-descender and x-height of act ye style.any time Ct , , ,R , rt, .., (1 . .- rileasure placement from baseline rA ILK.y con, -,Z .;§ La;c ik cy,g: DOOR PLACEMENT i,SS 51"from ground , VI co to baseline of kicy.com ,... 0 XI r LLi.E Cf:- Z'g ,iov WINDOW PLACEMENT I s . 4i 2 26"from ground to baseline of lucy.com _,. i I N FO white vinyl for logo and letters t t center i i lucy logo and active style,any time.lucy.com I on window unless otherwise indicated i 1 STORE FiOURS always placed on right door lower line 10"from level sidewalk tdifierne So an io,do,,,,,,00,. .,, JC PENNEY N 0 O o Z J -. ST? J V_ U -{f- 111111111, 111111 L:TS J T� J C l MACY'S J L H NORDSTROM / CY LUCY (r)SPACE T 1 1 LOCATION MAP NO SCALE epoch design group 11gS Olivette Executive Parkway Suite too St.Louis,Missouri 63132 Phone:314.721.1340 Fax:314.725.0344 ARCHITECTURE August 17,2007 City of Tigard Permit Center 13125 SW Hall Blvd. Tigard, OR 97223 RE: lucy—Washington Square,9585 SW Washington Square,Space T11 To Whom It May Concern: Please accept the following in response to section 18.360.050(B)of the Minor Modification Type I Application. 1. This is a commercial retail development,this does not apply. 2. This is a commercial retail development,this does not apply. 3. Washington Square supplies the parking. No change is required. 4. There will not be a change in construction type or in use. 5. The new structure will be below the landlord parapet,therefore this does not apply. 6. There will be no change in location of access ways,parking areas,or off-site traffic. 7. This modification will not accumulate added traffic. 8. The total square foot of this remodel is 2,867,this does not apply. 9. No reduction in open space will occur. 10. There will not be any reductions for recreational faculties, screening,or landscape. 11. To the best of my knowledge I am not aware of any modifications to the condition imposed at the time of site development review approval created by the proposed design. Respectfully 1 • Itted, ar.. e., °Je _.---- David Glo ,A.I.A. Partner Epoch Design Group,Inc. cc: Terry Eastman—Hycel Retail Group,Inc. Dawnn Eikenberry—lucy File Page l of l Cheryl Caines - lucy-Washington Square_Response to section 18.630.060 From: "Brandon Baguet" <baquet @epochdesigngroup.net> To: "Cheryl Caines" <CHERYLC @tigard-or.gov> Date: 8/30/2007 11:53 AM Subject: lucy-Washington Square_Response to section 18.630.060 Cheryl, The following is in response to section 18.630.060 Building Design Standards: 1. The ground floor windows will have appropriate lighting for the manikins and approved graphics. These items will create an interesting display. The display is being done on the entire ground floor of the exterior storefront. 2. The building façade does not extend more than 50 feet,therefore this is not applicable. 3. Weather protection for patrons is accomplished by the addition of awnings at the ground floor windows. The rear service entrance has building protection. 4. The listed unacceptable materials will not be used on this project. Please see the provided elevation for the proposed high quality finishes. 5. The storefront will be below the building parapet and will not blur the building lines. The new structure will not have a false front or a false roof. 6. There will not be a change to the location of the roof mounted equipment and it will not be visible. Please let me know if any further documentation or clarification is required. Thank you Brandon Baguet Project Manager Epoch Design Group,Inc. 1155 Olivette Executive Parkway Suite 100 St.Louis,Missouri 63132 Ph: 314.721.1340 x114 Fax: 314.721.0344 This message may contain confidential and/or privileged information. If you are not the addressee or authorized to receive this for the addressee,you must not use, copy, disclose or take any action based on this message or any information herein.If you have received this message in error,please advise the sender immediately by reply e-mail and delete this message. If electronic files are being distributed with this message, the information contained in the documents kept on file in the architect's office should be deemed correct and superior to any distributed electronic information. Any use for a purpose other than that for which the information is intended shall be at the receiver's risk and therefore the receiver shall protect and indemn y the sender from any claims,costs, losses or damages. Thank you for your cooperation. file://C:\Documents and Settings\Cherylc\Local Settings\Temp\GW}00001.HTM 9/7/2007 • r t / T 77-> r ---,==---- . . , „. . . ,p,:ilt lay bost 1111 1.1%.111111111111111111 • i , , • ," %\\\' Vliiiiiii! ' I II I CI II I I I II 111111 \ 1 1 \ 11 , 11111M Iiii if w/ 11, t l t 0 A i • ± ±-- i __ _ _ I � li WACERICH . 30' T - - -- WASHINGTON _= SQUARE I I I SPACE: T11 S.F.: 2801 '� DATE: 01-04-07 1 , 28(Y('sF 1 M SCALE: 1"= 20' 1 - I ' I I {� a r hERIFY I(' OLUMNS I I I / i o KEY PLAN r) 1 NORTH 1 1 l / / PROPOSED I ,� % II / / NOTE. Required doors and frames shall \ - ^\ / be provided and installed by each tenant far doors shown in plans are suggested only; E' 8' 8'3' final determination is by tenant), It is require, ,- Fir / rn that the tenant,must visit t site an or representative must visit the site and \ familiarize and verify all dimensions and sizes of major items such as structural Nelements,electrical runs,plumbing locations 44). /, and items not covered by this drawing.This EN I shall be done at Tenant's expense.When _ exit passageways are present to provide a -_.__.. I A 4._• _ II secondary exit from a Tenant's space,doors I �`\ I F , shall be one-hour fire doors. Such doors \ \ V V — ,' in shah be selfcbsing and be so maintained or shal be automatic dosing by smoke detector SPRINKLER actuation. Prior to finalizing terms and t 14'-2' �I(1,31, RISERS conditions.Leasing and Center Management must resolve exiting per applicable codes. : Service area,empty electrical conduit, 3,_3' sewer,water,and empty telephone conduit f located within the lease line.Tenant must field verify all dimensions and conditions. Drawn by WIG r SCG T.C.: TKM J/ • Transnationx TRANSNATION TITLE INSURANCE COMPANY 1515 SW 5th Avenue Suite 850 Portland, OR 97201 Ph: (503)223-5910 Fx: (503)553-5679 LandAmerica NCS Attn: Sean Cruz 888 West 6th St, Fourth Floor Los Angeles, CA 90017 Date Prepared: August 22, 2003 PRELIMINARY TITLE REPORT FOR ISSUING TITLE INSURANCE ORDER NO : 1231514w PARTY REFERENCE : NCS 03-006154 PROPERTY ADDRESS: OTHER REFERENCE : Washington Square TRANSNATION TITLE INSURANCE COMPANY is prepared to issue title insurance as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the persons to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel, amend, or supplement this report for any reason. Thank you for placing the order with us. if you need assistance with this report, please contact: Kenneth F. Mayer, V.P. & Sr. Legal Counsel, 503-553-5662 PRELIMINARY TITLE REPORT DATED August 22, 2003 ORDER NO. 1231514w SCHEDULE A, Page No. 1 1. The effective date of this preliminary title report is 5:00 P.M. on August 8, 2003 2. The Policy or Policies to be issued: Policy/Endorsement Description Charge ALTA Extended Owner's for (to come) $ Local Govt. Lien Search 475 . 00 3. Title to the land described herein is vested in: PPR WASHINGTON SQUARE LLC, a Delaware limited liability company 4. The land referred to in this report is described as follows: As fully set forth on Exhibit "A" attached hereto and by this reference incorporated herein. Order No. 1231514w EXHIBIT "A" Legal Description PARCEL 1 : (LANDLORD TRACT) That tract of land situated in Sections 26 and 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows : Beginning at the intersection of the Easterly line of that tract of land conveyed to D.W. Creary by Deed recorded November 5, 1965, in Book 576, Page 195, Records of Washington County, Oregon, with the Southwesterly line of Hall Road (State Highway Number 217) ; thence along said Southwesterly line South 64°12'59" East 73 .30 feet; thence South 1°03 ' 00" West 331.79 feet; thence South 88°57' 00" East 177 .00 feet; thence South 01°03' 00" West 532 . 68 feet; thence South 88°55' 05" East 233 . 55 feet to a point of curvature; thence 48. 18 feet along the arc of a 45. 96 foot radius curve to the left through a central angle of 60°03 ' 50" (the long chord of which bears North 61°03 ' 00" East 46 .00 feet) to a point of compound curvature; thence 11. 93 feet along the arc of a 145 . 77 foot radius curve to the left through a central angle of 04°39' 25" (the long chord of which bears North 28°41' 23" East 11 .93 feet) to the Westerly line of SW Greenburg Road; thence tracing said ) Westerly line South 11°22' 29" West 8 .31 feet; thence South 11°11'38" West 134 .21 feet; thence South 11°22' 12" West 12 . 90 feet; thence South 02°53 ' 18" East 26. 12 feet; thence South 14°51' 23" West 250 .25 feet; thence South 32°36' 03" West 26 . 12 feet; thence South 14°51' 23" West 82 . 08 feet to the non-tangent intersection with a 66 . 00 foot radius curve to the left (the radial center bears South 41°49' 52" West) ; thence leaving said Westerly line of SW Greenburg Road; thence Northwesterly tracing the arc of said 66.00 foot radius curve to the left 46. 00 feet through a central angle of 39°55' 57" (the long chord of which bears North 68°08' 06" West 45. 07 feet) to a point of tangency; thence North 88°06' 05" West 685. 06 feet to the beginning of a tangent 400 . 00 foot radius curve to the left; thence Southwesterly along the arc of said curve 640 .17 feet through a central angle of 91°41' 52" (the long chord of which bears South 46°02 ' 59" West 574. 00 feet) to a point of tangency; thence South 0°12' 03" West 258.78 feet; thence South 89°40' 00" West 630 .75 feet; thence South 0°20' 00" East 784 .34 feet to a point on the Northeasterly right-of-way line of the Oregon State Highway (Beaverton-Tigard Freeway) ; thence along said right-of-way line as follows : North 45°10'42" West 5 . 07 feet; North 37 °07 ' 00" West 164 . 80 feet; North 24°20'47" West 387 .35 feet; North 12 °55' 20" West 298 . 00 feet; North 7°49' 50" West 303 .41 feet; North 11°21' 59" West 298 .42 feet; North 2°22'32" West 250 .25 feet; North 8°49' 08" East 172 .44 feet; thence leaving said Northeasterly right-of-way line of the Oregon State Highway North 89°40' 00" East 394 . 11 feet; thence North 00°49' 14" East 5 . 00 feet; thence North 89°40 ' 00" East 64. 97 feet; thence North 00°20' 00" West 0 .42 feet; thence North 89°40' 00" East 123 . 00 feet; thence North 00°20' 00" West `1 (Continued) Order No. 1231514w page - 2 Exhibit "A" Legal Description 43 . 58 feet; thence North 89°40' 00" East 68 . 00 feet; thence South 00°20 ' 00" East 3 . 58 feet; thence North 89°40' 00" East 107 . 00 feet; thence North 00°20 ' 00" West 190 .58 feet; thence North 89°40' 00" East 70 . 00 feet; thence North 00°20' 02" West 100 . 00 feet; thence North 89 °40 ' 00" East 123 .40 feet; thence North 00°20' 00" West 369.28 feet; thence South 87°28'25" East 850.15 feet; thence North 01°03' 00" East 333 .37 feet to the point of beginning. (ACCESS ROAD NO. 6) TOGETHER WITH a strip of land over a portion of OAKBURG, a duly recorded plat in said Washington County and a portion of said Sections 26 and 35, described as follows: Commencing at a point on the Northerly prolongation of the Westerly line of Lot 25, OAKBURG, a duly recorded plat in said county, distant thereon North 0°18' 12" East 25 . 00 feet from the Northwest corner of said lot; thence North 89°41'48" West 37.28 feet; thence North 00 °20' 00" West 340 . 83 feet to the true point of beginning; thence continuing North 00°20' 00" West 62 . 02 feet; thence North 00°12' 03" East 35 .94 feet to the non-tangent intersection with a 40 . 00 foot radius curve to the left (the radial center bears South 89°47' 57" East) ; thence tracing the arc of said 40 . 00 foot radius curve to the left 62 .75 feet through a central angle of 89°53'17" (the long chord of which bears South 44°44'36" East 56 . 51 feet) to a point of tangency; thence along a line that is parallel with and distant Southerly 4 . 00 feet, measured at right angles from the North line of said Section 35, South 89°41' 14" East 858 .26 feet to the Westerly line of SW Greenburg Road; thence tracing said Westerly line South 14°48' 04" West 61.78 feet; thence leaving said Westerly line and tracing the arc of a non-tangent 29 . 00 foot radius curve to the left (the radial center bears South 22°31' 08" West) an arc distance of 10 .23 feet (the long chord of which bears North 79°14'20" West 10 .18 feet) to a point of tangency; thence North 89°41' 14" West 872 . 01 feet to the true point of beginning. (ACCESS ROAD NO. 7) TOGETHER WITH a strip of land over a portion of OAKBURG, a duly recorded plat in said Washington County and a portion of said Section 35, described as follows: Beginning at a point on the Northerly prolongation of the Westerly line of Lot 25 of OAKBURG, a duly recorded plat in said county, distant thereon North 0°18' 12" East 25 . 00 feet from the Northwest corner of said lot; thence South 00°18' 12" West 30 . 00 feet; thence South 89°41'48" East 32 .44 feet to a point of curvature; thence 139 . 07 feet along the arc of a 320. 00 foot radius curve to the right through (Continued) Order No. 1231514w Page - 3 Exhibit "A" Legal Description a central angle of 24°53' 59" (the long chord of which bears South 77°14' 48" East 137 . 97 feet) to a point of tangency; thence South 64°47' 49" East 405. 94 feet to a point of curvature; thence 111 . 00 feet along the arc of a 930 . 00 foot radius curve to the right through a central angle of 06°50 ' 19" (the long chord of which bears South 68°12' 58" East 110.94 feet) to a point of reverse curvature; thence 23 .26 feet along the arc of a 49 . 08 foot radius curve to the right through a central angle of 27°09' 29" (the long chord of which bears South 58°03 '23" East 23 . 05 feet) to a point of non-tangency; thence South 44°18'24" East 1 .18 feet to the Westerly line of SW Greenburg Road; thence tracing said Westerly line North 14°51'35" East 84 . 64 feet to the non-tangent intersection with a 41. 00 foot radius curve to the right (the radial center bears North 23°33' 21" West) ; thence 30 .45 feet along the arc of a 41. 00 foot radius curve to the right through a central angle of 42°33 ' 27" (the long chord of which bears South 87°43' 22" West 29 .76 feet) to a point of compound curvature; thence 93 .3 feet along the arc of a 862 . 00 foot radius curve to the right through a central angle of 06°12 ' 05" (the long chord of which bears North 67 °53' 51" West 93 .25 feet) to a point of tangency; thence North 64°47' 49" West 388.71 feet to a point of curvature; thence 165 . 14 feet along the arc of a 380 . 00 foot radius curve to the left through a central angle of 24°53 ' 59" (the long chord of which bears North 77°14' 48" West 163 . 84 feet) to a point of tangency; thence North 89°41'48" West 89 . 04 feet; thence South 00°20' 00" East 30 . 00 feet; ' thence South 89°41' 48" East 37 .28 feet to the point of beginning. (ACCESS ROAD NO. 1) TOGETHER WITH that portion of Section 26, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being more particularly described as follows : Beginning at the intersection of said Easterly right-of-way line of the Beaverton-Tigard (Oregon State) Freeway with the North line of that tract of land granted to Gust Olson by Deed recorded March 2, 1892 in Book 33 at Page 334, Deed Records of said county; thence North 19°19'29" East 14 .23 feet; thence North 00°41' 08" East 671.49 feet to a point of curvature; thence 129 . 13 feet along the arc of a 500 . 00 foot radius curve to the right through a central angle of 14°47'50" (the long chord of which bears North 08°05' 03" East 128.77 feet) to a point of non-tangency; thence North 88°21' 11 " West 13.43 feet; thence North 34°47'25" West 46 .50 feet; thence North 88°45'53" West 45 . 82 feet to the Easterly right-of-way of SW Scholls Ferry Road; thence tracing said Easterly right-of-way North 19°56' 09" East 57 . 62 feet; thence leaving said Easterly right-of-way South 68°45' 35" East 84. 68 feet to a point of curvature; thence 42 . 62 feet along the arc of a 30 . 00 foot radius curve to the left through a central angle of 81°26' 05" (the long chord of which bears North 70°31'22" East 39 .14 feet) to a point of tangency; thence North 29°48'20" East 183 .34 feet (Continued) Order No. 1231514w Page - 4 Exhibit "A" Legal Description to a point of curvature; thence 163 .43 feet along the arc of a 95 . 00 foot radius curve to the left through a central angle of 98°33 ' 55" (the long chord of which bears North 19°28' 37" West 144 . 01 feet) to a point of tangency; thence North 68°45' 35" West 82 . 00 feet to the Easterly right-of-way of SW Scholls Ferry Road; thence tracing said Easterly right-of-way North 21°14'26" East 105 . 00 feet; thence leaving said Easterly right-of-way South 68°45' 35" East 12 . 00 feet to the non-tangent intersection with a 70. 00 foot radius curve to the left (the radial center bears South 68°45' 35" East) ; thence 109 . 96 feet along the arc of a 70 . 00 foot radius curve to the left through a central angle of 90°00' 00" (the long chord of which bears South 23°45 '35" East 98 .99 feet) to a point of reversing curvature; thence 223 . 62 feet along the arc of a 130. 00 foot radius curve to the right through a central angle of 98°33' 55" (the long chord of which bears South 19°28'37" East 197 . 06 feet) to a point of tangency; thence South 29°48' 15" West 121. 15 feet to a point of curvature; thence 123 . 79 feet along the arc of a 445 . 00 foot radius curve to the left through a central angle of 15°56' 17" (the long chord of which bears South 21°50' 12" West 123 .39 feet) to a point of tangency; thence South 88°21' 02" East 0.08 feet to a point of curvature; thence 66 . 89 feet along the arc of a 437 . 00 foot radius curve to the left through a central angle of 08°46' 14" (the long chord of which bears South 13 °09' 02" West 66 . 83 feet) to a point of non-tangency; thence South 88°20' 02" East 24 .22 feet; thence South 21°17'45" West 81.15 feet; thence South 00°41' 08" West 670 . 05 feet: thence North 89°13'49" West 67 . 55 feet to the point of beginning. (ACCESS ROAD NO. 2) TOGETHER WITH that portion of Section 26, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being more particularly described as follows: Commencing at the most Westerly Northwest corner of that tract of land described in Deed recorded in Book 576, Page 196, Deed Records of Washington County, Oregon; thence North 00°12' 03" East 86 .28 feet to the true point of beginning; thence North 00°12' 03" East 214 .57 feet; thence North 00°19'18" East 656.11 feet to the Southwesterly right-of-way of SW Hall Boulevard; thence tracing said Southwesterly right-of-way North 46°19' 50" West 8.78 feet to a point of curvature; thence 61.38 feet along the arc of a 924 . 93 foot radius curve to the left through a central angle of 03°48' 08" (the long chord of which bears North 48°13' 54" West 61.37 feet) to a point of non-tangency; thence leaving said Southwesterly right-of -way of SW Hall Boulevard South 01°16'28" East 229 .38 feet; thence South 00°19'18" West 322 .27 feet; thence South 88°21' 11" East 3 .50 feet; thence South 00°19' 18" West 110 .04 feet to a point of curvature; thence 40 . 10 feet along the arc of a 430 .50 foot radius curve to the left through a central angle of 05°20' 15" (the long chord of which bears South 02°59' 25" West 40 . 09 (Continued) 1° Order No. 1231514w Page - 5 Exhibit "A" Legal Description feet) to a point of non-tangency; thence North 88°21' 11" West 3 . 51 feet to the non-tangent intersection with a 427 . 00 foot radius curve to the right (the radial center bears North 84°18' 22" West) ; thence 14 . 58 feet along the arc of a 427 .00 foot radius curve to the right through a central angle of 01°57'23" (the long chord of which bears South 06°40 ' 19" West 14. 58 feet) to a point of tangency; thence South 07°39' 01" West 203.73 feet; thence North 89°40' 00" East 75 . 93 feet to the true point of beginning. PARCEL II: That portion of Section 26, Township I South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, described as follows : Beginning at a point lying North 0°12' 03" East 86 .28 feet and South 89°40' 00" West 75.93 feet from the most Westerly Northwest corner of that tract of land described in Deed recorded in Book 567, Page 196, Deed Records of said Washington County; thence South 89°40' 00" West 573 . 13 feet, to a point on the East line of Access Road Number 1; thence North 0°41' 08" East 236 . 97 feet; thence South 88°21' 11" East 599 .35 feet to a point on the arc of a 427.00 foot radius curve to the right, the long chord of said curve bears South 6°40'20" West 14 .58 feet; thence Southerly along the arc of said curve 14.58 feet through a central angle of 1°57'21"; thence South 7°39' 01" West 203 .73 feet to the point of beginning. PARCEL III: That portion of Section 26, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being more particularly described as follows : Commencing at the intersection of the Easterly line of that tract of land conveyed to D.W. Creary by Deed recorded November 5, 1965, in Book 576, Page 195, Records of Washington County, Oregon, with the Southwesterly line of Hall Road (State Highway Number 217) ; thence along said Southwesterly line South 64°12' 59" East 73 .30 feet to the true point of beginning; thence continuing along said Southwesterly line South 64°12' 59" East 194 . 88 feet; thence South 01°03' 00" West 22 . 22 feet; thence North 64°12' 59" West 160.72 feet to the intersection of a 45 . 00 foot radius curve to the left, (the radius point bears South 17°02' 57" East) ; thence 56 .47 feet along the arc of said curve through a central angle of 71°54' 03" (the chord of which bears South 37°00' 09" West 52 . 84 feet) ; thence North 01°03' 00" East 79 .29 feet to the true point of beginning. (Continued) Order No. 1231514w Page - 6 Exhibit "A" Legal Description PARCEL IV: A tract of land in the West half of Section 26, Township 1 South, Range 1 West of the Willamette Meridian, located in the City of Tigard, County of Washington and State of Oregon, said tract described specifically as follows: Beginning at the intersection of the East right-of-way line of the Beaverton-Tigard (Oregon State) Highway with the North line of that tract of land granted to Gust Olson by Deed recorded March 2, 1892 in Book 33 , Page 334, Washington County Deed Records; thence, North 19° 19'29" East, 14 .23 feet; thence, North 00°41' 08" East, 671 . 49 feet to a point of curvature; thence, along the arc of a 500. 00 foot radius curve, concave Easterly, the central angle of which is 14°47' 50", the long chord of which bears North 08°05' 03" East, 128 . 77 feet, an arc distance of 129. 13 feet; thence, nontangent to the last described course, North 88°21' 11" West, 13 .43 feet; thence, North 34°47' 25" West, 46 . 50 feet; thence, North 88°45' 53" West, 45. 82 feet to the East right-of-way line of Southwest Scholls Ferry Road; thence North 19°56' 09" East, along the East right-of-way line of Southwest Scholls Ferry Road, 57. 62 feet to the true point of beginning of the tract herein described; thence, North 19°56' 09" East, along the East right-of-way line of Southwest Scholls Ferry Road, 192 . 53 feet to an angle point in said right-of-way line; thence, North 07°16' 04" East, along the East right-of-way line of Southwest Scholls Ferry Road, 61. 72 feet to an angle point in said right-of-way line; thence, North 21°14 '26" East, along the East right-of-way line of Southwest Scholls Ferry Road, 63 . 60 feet; thence, leaving the Southwest right-of-way line of Southwest Scholls Ferry Road, South 68°45'35" East, 67 . 00 feet to a point of curvature; thence, along the arc of a 95. 00 foot radius curve, concave Southwesterly, the central angle of which is 98°33' 55", the long chord of which bears South 19 °28' 37" East, 144 . 01 feet, an arc distance of 163 .43 feet to a point of tangency; thence, South 29°48' 20" West, 183 .34 feet to a point of curvature; thence, along the arc of a 30 . 00 foot radius curve, concave Northwesterly, the central angle of which is 81°26' 05" , the long chord of which bears South 70°31' 22" West, 39. 14 feet, an arc distance of 42 . 64 feet to a point of tangency; thence, North 68°45' 35" West, 84 . 68 feet to the true point of beginning. PARCEL V A) TOGETHER WITH those certain non-exclusive easements as set forth in that certain Construction, Operation and Reciprocal Easement Agreement dated April 25, 1972, by and between Washington Square, Inc . , Sears, Roebuck and Co. , and the May Department Stores Company recorded May 2, 1972 in Book 865 at Page 12, and amended by instruments recorded July 19, 1973 in Book 936 at Page 284, and recorded February 20, 1990 at Recorder' s Fee No. 90-08131, and recorded June 29, 1994 at Recorder' s (Continued) Order No. 123'1514w Page - 7 Exhibit "A" Legal Description Fee No. 94-062510 Records of Washington County, Oregon. B) TOGETHER WITH a non-exclusive easement as reserved in that certain Deed from Square Land Co. Inc . , Ltd. , a Washington limited partnership to the May Department Stores Company, a New York corporation, recorded February 20, 1990 at Recorder's Fee No. 90-08126. C) TOGETHER WITH a non-exclusive easement as set forth in that certain Easement Agreement dated September 30, 1993, by and between Washington Square, Inc. and The May Department Stores Company recorded October 29, 1993 at Recorder' s Fee No. 93090210 . D) TOGETHER WITH a non-exclusive easement as set forth in Easement Agreement dated October 26, 1999, by and between Washington Square, Inc . , a Washington corporation, and PPR Washington Square LLC, a Delaware limited liability company, recorded October 29, 1999, at Recorder's Fee No. 99-122267 . PRELIMINARY TITLE REPORT DATED August 22, 2003 ORDER NO. 1231514w SCHEDULE B, Page No. 1 Except for the items properly cleared through closing, the proposed policy or policies will not insure against loss or damage which may arise by reason of the following: 1. Taxes or assessments which are not shown as existing liens 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 result 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. NOTE: Exceptions 1 through 5 may be modified or eliminated from the policy based upon receipt and review of additional evidence of insurability, including, but not necessarily limited to, the following: (a) A survey of the subject property meeting ALTAJACSM guidelines for commercial property surveys. In addition to the survey, the company may inspect the subject property, for which there may be a nominal charge. NOTE: The company has on file a survey dated February 17, 1999 by W & i Pacific Job No. 04.1276.0001 which may be sufficient to remove or modify the exception regarding survey requirements. An affidavit regarding no new additions or alterations to the property or an updated survey will be necessary. (c) Proof that there are no statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for workmen's compensation which have not gained or hereafter may gain priority over the lien of the insured mortgage, which liens do not now appear of record. (b) Proof that there are no parties in possession or claiming the right to be in possession other than the vestees herein and that there are not existing leases or tenancies. 6. 2003-04 taxes, a lien in an amount to be determined, but not yet payable. (Continued) ) EXCeptipne. Co n tinned SCNE©utz ? B, Pa uri ca 9e NQ e Pub1 i c P�c rds s' a f a order n No,. E ra sit f c1udin. as of ague= 8, d by the 72315,4w a Co =N aca�atY lo at t Year, n 2po3 Caty Of Tigard 9, P Igo. o • c°untY ParCelt I sseesed W e �lnd n Lama ted '� S2o497 2 because ° °ne, per t of h access 6 e shr arc esstat°n. N deeds t2 C`o2a�� an xemPtlDn re e RF'C iI atta h to, tha °rw ac,___eP rt men of e9° latang t° a from Depart. Gr ���'a a abutt s the t whieh n' hY AA2ll ang property,to FIi hw aid sn that through ebr a 2j, 2621 Baps PAGE as fo1°we her thin 9ht oePartment of c°be 24, 1-4 19 505 433 Zip xPress1Y Pro easement of ri No veer 15� 1.964 64 523 5 34 d there�t v 12 29 Feber 3p�� 1s64 5Z� 644 P rY Z5 1.966 530 16 October st �2, l9 1967 623 79 167 and 269 August 171 1967 656 161 'august 19� 56 393 Sept 1?, 2972 1 663 39 Af�e ewer 13 831 506 Ip Lamitets access °n o t 341 424 '2 f4 or °f th as Set he „ .ert n5 Ti e f gar or the or eel-°SS a t e wh of °1-e9027,decree d zed my from the AffeCtso abuttang P°P state H 9h j-des that nd thxo d an Cis Parcel I only. ZZ' Lim1ted access onto t27-235 way oth rt 7ah 29ht r Dena-t—urt� �aS Of rae�s esrtaac ° in deep, a Zeal,erton-Ti9a express,y p°t a igh anSPo t County, 800 c e ce attach ,tor mi°rw across DePrrm °� are rd ka9hway from ded Cher an sh 1 esso to. pa9e,�oxume the Au tting the stt�a h Pro a and thr° ParCe� z only. attach Pro (Continued) f ects access ° A3gusr 3' 1 67 tY XighwaY nth r t nob ri9h DeAartm tinued) nt° the than t °r a ent of BeaVerton�rig xpressly Pro ode °t ri9h and Xaghway from d therein Parcel I only. 1 SCHEDULE B, Page No. 3 Exceptions, Continued Order No.: 1231514 w ) 12 . An easement created by instrument, including the terms and provisions thereof, Dated : February 28, 1968 Recorded : March 12, 1968 Book/Volume : 684 Page : 590 In favor of : Progress Sanitary District For : Sewer Location : Over a 10 foot strip which crosses the Northerly access area of Washington Square Affects Access Road No. 1 of Parcel I. 13 Easement rights, benefiting the property described in a deed recorded at Recorder's Fee No. 91008316, arising by reason of the following recorded documents and by use and/or unrecorded agreement, for ingress and egress over Access Road No. 1, including the terms and provisions thereof, A)Dated : December 28, 1968 Recorded : December 31, 1968 Book : 728 Page : 762 B)Dated : January 12,1971 Recorded : March 6, 1972 Book : 856 Page : 885 ) 14. Covenants, conditions, restrictions, easements and/or setbacks, including the terms and provisions thereof, imposed by instrument Recorded : September 13, 1971 Book/Volume : 834 Page : 956 NOTE: This exception omits from said instrument any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the restriction is not in violation of state or federal law or relates to a handicap, but does not discriminate against handicapped people. Affects a portion of Lot 18, Oakburg, on the Southwest, adjacent to the Beaverton-Tigard Highway. 15 . Agreement, including the terms and provisions thereof, Dated : September 28, 1968 (Continued) • SCHEDULE B, Page No. 4 Exceptions, Continued Order No.: 1231514w Memorandum of Agreement, including the terms and provisions thereof, Dated : February 7, 1972 Recorded : February 14, 1972 Book/Volume : 854 Page : 274 By and between : Crescent Grove Cemetery Association, a non-profit corporation; Winmar Company, Inc. , a corporation; Winmar Pacific, Inc. , a corporation; and Gordon R. Martin Affects Parcel I. 16. Construction Operation and Reciprocal Easement Agreement, including the terms and provisions thereof, Dated : April 25, 1972 Recorded : May 2, 1972 Book : 865 Page : 12 The above document was amended by instrument, Recorded : July 19, 1973 Book/Volume : 936 Page : 284 Second Amendment, Dated : November 1, 1987 Recorded : February 20, 1990 Recorder' s Fee No. : 90-08131 And thereafter Third Amendment, Dated : April 22, 1994 Recorded : June 29, 1994 Recorder's Fee No. : 94-062510 Affects Parcel I through V. Assignment of Reciprocal Easement Agreements, including the terms and provisions thereof, Dated : February 18, 1999 Recorded : February 22, 1999 Recorder's Fee No. : 99021508 From : Washington Square, Inc. To : PPR Washington Square LLC Request for Notice of Mortgagee, including the terms and provisions thereof, Dated : February 18, 1999 Recorded : February 22, 1999 Recorder's Fee No. : 99021512 By : Metropolitan Life Insurance Company (Continued) 1 SCHEDULE B, Page No. 5 Exceptions, Continued Order No.: 1231 51 4w 1 / 17. Non-exclusive Road Easement Agreement, including the terms and provisions thereof, Dated : April 20, 1972 Recorded May 2, 1972 Book/Volume : 865 Page : 197 Affects Access Road No. 2. The above document was amended by instrument, Recorded : November 15, 1974 Book/Volume : 999 Page : 396 18. Easements for existing public utilities in vacated street area reserved by Resolution and Order No. 72-256, and an easement created by said instrument for sewer purposes 7 1/2 feet wide on each side of the center line of said vacated street ( SW Locust Street) , Dated : November 14, 1972 Recorded : December 18, 1972 Book/Volume : 901 Page : 820 Affects Access Road No. 7 of Parcel I. 19. An easement created by instrument, including the terms and provisions thereof, Dated : June 7, 1979 Recorded : July 2, 1979 Recorder's Fee No. : 79025766 In favor of : Washington County For : Traffic control facilities, slope and drainage Location : Over the area adjacent to SW Greenburg Road Affects Access Roads 6 and 7 of Parcel I. 20. A non-exclusive easement created by instrument, including the terms and provisions thereof, Dated : December 20, 1985 Recorded : December 27, 1985 Recorder's Fee No. : 85051367 In favor of : Adjacent property For : Vehicular and pedestrian access Affects Access Road No. 2 of Parcel I. 21. A non-exclusive easement created by instrument, including the terms and provisions thereof, Dated : December 20, 1985 Recorded : December 27, 1985 Recorder's Fee No. : 85051370 In favor of : Adjacent property For : Vehicular and pedestrian access Affects Access Road No. 2 of Parcel I. (Continued) SCHEDULE B, Page No. 6 Exceptions, Continued Order No.: 1231 514w 22 . A non-exclusive easement created by instrument, including the terms and provisions thereof, Dated : December 3, 1985 Recorded : December 27, 1985 Recorder's Fee No. : 85051371 In favor of : Adjacent property to the North of Parcel I For : Roadway Location : Over the Roadway No. I easement area. 23. A non-exclusive easement created by instrument, including the terms and provisions thereof, Dated : December 20, 1985 Recorded : December 27, 1985 Recorder's Fee No. : 85051373 In favor of : Adjacent property For : Sign Affects Parcel IV. 24. Access Road Maintenance Agreement, including the terms and provisions thereof, Dated : July 18, 1987 Recorded : December 8, 1987 Recorder's Fee No. : 87060164 Between : Winmar Pacific, Inc. , Square Land Co. , Ltd. , Washington Square, Inc. And : Nesbitt Partners Portland Venture, Ltd. The above document was modified by instrument Recorded : July 31, 1989 Recorder's Fee No. : 89-35019 Affects Access Roads No. 1 and 2 of Parcel I. The effect, if any, of the Second Modification to Access Road Maintenance Agreement, Dated : July 27, 2002 Recorded : October 18, 2002 Recorder's Fee No. : 2002-122680 Executed by : Portland Office Associates, an Illinois general partnership AND. Portland Hotel Associates, an Illinois general partnership 25. An easement created by instrument, including the terms and provisions thereof, Dated : November 15, 1988 Recorded : January 24, 1989 Recorder's Fee No. : 89-03319 In favor of : Oregon Department of Transportation For : Slopes and traffic control facility Affects Parcel IV. (Continued) 11 SCHEDULE B, Page No. 7 Exceptions, Continued Order No.: 1231514w 26. An easement created by instrument, including the terms and provisions thereof, Dated : April 17, 1989 Recorded : April 18, 1989 Recorder's Fee No. : 89-17134 In favor of : Portland General Electric Company, an Oregon corporation For : Electric power line Location : Over the dogleg adjacent to SW Hall Blvd. Affects Parcels I and II. 27. An easement created by instrument, including the terms and provisions thereof, Dated : November 15, 1988 Recorded : May 31, 1989 Recorder's Fee No. : 89-24472 In favor of : Department of Transportation, State of Oregon For : Slope, traffic control facilities, and temporary construction Affects Access Road No. 1, adjacent to Scholls Ferry Road. 28. An easement treated by instrument, including the terms and provisions thereof, Dated : December 4, 1989 Recorded : November 15, 1990 Recorder's Fee No. : 90-63000 In favor of : Portland General Electric Company For : Underground distribution line Location : Over a portion of Access Road No. I and Parcel IV ) 29. Non-exclusive Easement Agreement, including the terms and provisions thereof, Dated : September 30, 1993 Recorded : October 29, 1993 Recorder's Fee No. : 93090210 Between : Washington Square, Inc. , a Washington corporation And : The May Department Stores Company, a New York corporation Affects Parcel I. 30. An easement created by instrument, including the terms and provisions thereof, Dated : September 8, 1993 Recorded : January 7, 1994 Recorder's Fee No. : 94002128 In favor of : Tualatin Valley Water District For : Fire hydrants, water lines, meters and appurtenances Affects Parcel I. 31. Restrictive covenants, including the terms and provisions thereof, to waive rights of remonstrance, Recorded : August 14, 1996 Recorder's Fee No. : 96072860 For : Street improvements Affects a portion of Parcel I. (Continued) SCHEDULE B, Page No. 8 Exceptions, Continued Order No.: 1231514w 32. An easement created by instrument, including the terms and provisions thereof, Dated : November 5, 1997 Recorded : November 19, 1997 Recorder's Fee No. : 97108988 In favor of : The Public For : Traffic control facilities Affects a portion of Parcel I, Access Road 7. 33. Rights or claims of the following parties in possession, as disclosed in the rent roll, as tenants only, with no rights of first refusal or options to purchase, as disclosed by Bargain and Sale Deed, Recorded : February 22, 1999 Recorder's Fee No. : 99021506 A. Abercrombie & Fitch B. Ashley Avery's Collectables C. Ann Taylor D. Bachrach E. Babbage's F. Banana Republic, Inc. G. Eddie Bauer H. Bath & Body Works I. Baskin Robins J. Trade Secrets K. Ben Bridge Jeweler L. Latitudes M. Bank of America N. The Bombay Company 0. Binyon's P. Brookstone Q. Garden Botanika R. Cache' S. California Closet Company T. Camelot Music U. Shoe Mill V. Casual Corner W. Mark's Hallmark Shop X. Christian Supply Center Y. Cinnabon/Zuka Juice Z. Coach AA. Colorado BB. Colorado Pen Co. CC. Cool Temptations DD. Crabtree & Evelyn (Continued) 1 • SCHEDULE B, Page No. 9 Exceptions, Continued Order No.: 1231514w 1 EE. B. Dalton Bookseller FF. Deck the Walls GG. The Disney Store HR. Newport Bay Restaurant I3. Edo Japan The following affects tenant owned or leased fixtures only, Landlord' s Lien Waiver, including the terms and provisions thereof, Recorded : August 18, 1995 Recorder's Fee No. : 95066260 Between : Washington Square, Inc. And : Edo Japan Development Corporation, a Washington corporation and First Interstate Bank of Oregon, N.A. JJ. Embassy Suites Hotel KK. Enzo Angiolini LL. Afterthoughts Boutique MM. Field of Dreams NN. Wells Fargo Bank 00. Day & Night Teller PP. Made in Oregon QQ. Footaction USA RR. Footlocker SS. Friedlander } TT. The Gap UU. GapKids VV. Glamour Shots WW. J.K. Gill XX. Gymboree YY. Gyros Gyros ZZ. General Nutrition AAA. Hickory Farms BBB. Excalibur Cutlery & Gifts CCC. J. Riggings DDD. Just Sports EEE. K/B Toys FFF. Baby Gap GGG. Kelly's Cajun Grill HHH. Koala Blue III. Kobos Kitchen JJJ. Kits Cameras KKK. Kinney Shoes LLL. La Bottega Mamma MMM. La Rog Jewelers (Continued) SCHEDULE B, Page No. 10 Exceptions, Continued Order No.: 1231514w NNN. Lane Bryant 000. Lady Footlocker PPP. Lenscrafters QQQ. Lerner RRR. The Limited SSS. Liz Claiborne TTT. Mervyn's Also disclosed by: Unrecorded lease, including the terms and provisions thereof, Dated : May 24, 1973 Lessor : Washington Square, Inc. , a Washington corporation Lessee : AMFAC Merchandising Corporation, a California corporation Disclosed by Memorandum of Lease, Recorded : October 30, 1974 Book : 998 Page : 480 The lessee's interest in the above lease was assigned by numerous documents and by Assignment, Acceptance and Consent, including the terms and provisions thereof, Dated : June 1, 1979 Recorded : August 17, 1979 Recorder's Fee No. : 79033263 From : Marshall Field & Company To : Dayton-Hudson Corporation (Mervyn's Department Store) UW. Macheesmo Mouse VW. Mark's Hallmark Shop WWW. McDonald's Restaurant Also disclosed by, Unrecorded lease, including the terms and provisions thereof, Dated : May 23, 1989 Lessor : Washington Square, Inc. , a Washington corporation Lessee : McDonald Corporation, a Delaware corporation As disclosed by Memorandum of Lease Recorded : February 7, 1990 Recorder's Fee No. : 90-06400 XXX. Meier & Frank YYY. Monograms America ZZZ. Motherhood Maternity AAAA. The Museum Company BBBB. Natural Wonders CCCC. Naturalizer West DDDD. Nine West EEEE. Nordstrom (Continued) SCHEDULE B, Page No. 11 Exceptions, Continued Order No.: 1231514w Also disclosed by: Unrecorded lease, including the terms and provisions thereof, and such other matters, interest, or exceptions as may appear necessary upon examination of the original lease, Dated : May 14, 1993 Lessor : Washington Square, Inc. , a Washington corporation Lessee : Nordstrom, Inc. , a Washington corporation As disclosed by Memorandum of Lease .- Recorded : May 20, 1993 Recorder's Fee No. : 93039236 Subordination, Non-Disturbance and Attornment Agreement, including the terms and provisions thereof, Dated : February 10, 1999 Recorded : February 22, 1999 Recorder' s Fee No. : 99021513.2 By and between : Metropolitan Life Insurance Company, Nordstrom, Inc. , and PPR Washington Square LLC FFFF. Northern Reflections GGGG. The Tux Shop , RMBH. OMSI Science Retail Store IIII. Orange Julius JJJJ. Panda Express KKKK. The Paper Station LLLL. Petite Sophisticate MMMM. J.C. Penney As disclosed by, Lease, including the terms and provisions thereof, Dated : July 20, 1973 Recorded : July 19,1973 Book : 936 Page : 321 Lessor : Washington Square, Inc. , a Washington corporation Lessee : J.C. Penney Company, Inc., a Delaware corporation Lease Amendment Agreement, Recorded : February 20, 1990 Recorder's Fee No. : 90-08130 (Continued) SCHEDULE B, Page No. 12 Exceptions, Continued Order No.: 1231514w NNNN. Radio Shack 0000. Prints Plus PPPP. Rainier Roaster QQQQ. The Real Mother Goose RRRR. Regis Hairstylists SSSS. Rose's Deli & Bakery The following affect tenant owned or leased fixtures only: Financing Statement, Recorded : November 20, 2000 Recorder's Fee No. : 2000-093698 From : The Square Rose LLC To : Bank of America, N.A. TTTT. Sam Goody UUUU. The San Francisco Music Box Company VVVV. Sbarro's WWWW. Sears XXXX. See's Candies YYYY. Select Comfort ZZZZ. Shutterbug AAAAA. Silver Street BBBBB. Sizes Unlimited CCCCC. Sunglass Hut DDDDD. Starbucks Coffee EEEEE. Swim In FFFFF. Structures GGGGG. Stride Rite HHHHH. Sweet Factory III11. Suncoast Motion Picture Co. JJJJJ. Talbots KKKKK. Talbot's Petites LLLLL. Things Remembered MMMMM. The Tinder Box NNNNN. H.C. Ellicott 00000. Claire's PPPPP. Track'n Trail QQQQQ. Tri Met RRRRR. Victoria's Secret SSSSS. U-Bank TTTTT. Kay Jewelers UUUUU. Watch World International VVVVV. Warner Brothers Studio Store WWWWW. Wazwan XXXXX. Wishes and Dreams YYYYY. Zales Jewelers ZZZZZ. Bailey, Banks & Biddle (Continued) SCHEDULE B, Page No. 13 Exceptions, Continued Order No.: 1231514w AA.AAAA. Zumiez BBBBBB. Beauty Secrets CCCCCC. Electronic Boutique DDDDDD. Gracie Homes, dba J. Crew EEEEEE. Helzburg Jewelers FFFFFF. imaginarium GGGGGG. Mr. Rags HHHHHH. Store of Knowledge I11111. Your Northwest 34. Deed of Trust, Security Agreement and Fixture Filing, to secure an indebtedness in the amount shown below, and any other obligations secured thereby, Dated : February 28, 1999 Recorded : February 22, 19999 Recorder's Fee No. : 99021509.3 Grantor : PPR Washington Square LLC Trustee : Transnation Title Insurance Company Beneficiary : Metropolitan Life Insurance Company Amount : $120,000,000.00 35. Assignment of Leases, including the terms and provisions thereof, Dated : February 18, 1999 Recorded : February 22, 1999 Recorder's Fee No. : 99021510 From : PPR Washington square LLC To : Metropolitan Life Insurance Company given as additional security to the Trust Deed Recorded : February 22, 1999 Recorder's Fee No. : 99021509.3 36. Financing Statement, Recorded : February 22, 1999 Recorder's Fee No. : 99021511 From : PPR Washington Square LLC To : Metropolitan Life Insurance Company 37 . Terms, provisions and conditions, including, but not limited to, maintenance provisions, and a covenant to share the costs of maintenance, contained in Easement Agreement, Dated : October 26, 1999 Recorded : October 29, 1999 Recorder's Fee No. : 99-122267 (Continued) SCHEDULE B, Page No. 14 Exceptions, Continued Order No.: 1231 514w 38. Access Road Agreement, including the terms and provisions thereof, Dated : May 2, 2001 Recorded : May 7, 2001 Recorder's Fee No. : 2001042542 By and between : PPR Washington Square LLC, SFP-B Limited Partnership AND Les Schwab Tire Centers of Portland, Inc. , an Oregon corporation Affects Parcel I. -- 39. Unrecorded Easement, as disclosed by Water Line Easement, Recorded : November 26, 2001 Recorder's Fee No. : 2001-121304 And amended by instrument, Recorded : June 25, 2002 Recorder's Fee No. : 2002-072307 NOTE: We find no recorded grant of easement by PPR Washington Square LLC, for that portion of the easement which lies across Parcels I and IV herein. 40. Existing leases and tenancies, if any, and any interests that may appear upon examination of such leases. No examination has been made as to matters affecting lessee and tenants. NOTE 1: No search has been made or will be made for water, sewer, or storm drainag' charges. Buyers should check with the appropriate City bureau or water/sewer district and obtain a final reading. Such charges are not adjusted in escrow. NOTE 2: The property described herein is subject to a Washington County Transfer Tax of $1.00 per thousand, based on consideration, payable on transfer of property. Failure to pay the tax or apply for an exemption shall result in a penalty equal to the amount of tax owed, plus possible criminal prosecution punishable by a fine of not more than $500.00. NOTE 3: A copy of the Articles of Organization and of the Operating Agreement of PPR Washington Square LLC, a Delaware limited liability company, any amendments thereto, and assignments of members' interests should be furnished to us prior to closing. Any conveyance or encumbrance must be executed by all the members unless otherwise provided for in the Articles of Organization. (Continued) SCHEDULE B, Page No. 15 Exceptions, Continued Order No.: 1231514w NOTE 4: Taxes paid in full for the year 2002-03, as follows: Levy Code 050.94 Amount Account No. Map No. Affects $3,394.02 R235588 1S126BC-00900 North part of Access Rd. 2 $2, 890.81 R235597 16126BC-01000 Parcel IV Levy Code 023.81 $1, 045.48 R236523 181260-00400 Parcel III Levy Code 050.94 $240,099.27 82034755 1S126C-01112 Portion of Parcel I Levy Code 023.81 - Exemption - County-Government $0.00 82049792 16126C-02000 Levy Code 050.94 $680,578.94 R236596 1S126C-01107 Portion of Parcel I $ 1,101.99 R236649 1S126C-01300 Portion of Access No. 2 $ 19,153 .43 R236658 1S126C-01301 Portion of Parcel II $ 9,035.85 R236667 1S126C-01302 Portion of Parcel II $ 4,761.92 R1187432 1S126C-01303 Portion of Parcel II Amount Account No. Map No. Affects Levy Code 023.81 (Code Split) $100,316.73 R236587 1S126-00300 Portion of Parcel I (Continued) 1 SCHEDULE B, Page No. 16 Exceptions, Continued Order No.: 1231514w Amount Account No. Map No. Affects Levy Code 050.94 New Account - Code Split $ 38,621.44 R1299543 1S126CD-00300 Portion of Parcel I Levy Code 023.81 New Account - Code Split $ 99, 947.74 R1299552 1S126CD-00300 Portion of Parcel I Levy Code 023 .81 New Account $ 32,447. 84 R1326924 1S126CA-00600 Portion of Parcel I $ 0.00 R2118336 1S126CD-00200 Formerly part of Tax Lot 402 $ 0.00 R2118340 1S126CA-00700 Formerly part of Tax Lot 1109 Levy Code 050.94 - New Account $ 0.00 R2118337 15126-00301 Portion of Parcel 1, Access Road No. 1 End of Report SD/mah Daniels 4613