MMD2006-00011 MMD2006 00011
PORTLAND
VINEYARD
CHURCH
t'
August 22,2006 kau„i
--a"�IViu +�
Darren Bouska CITY OF TIGARD
NW Precision Design
1844 NW Couch Street OREGON
Camas,WA 98607
RE: Portland Vineyard Church Minor Modification MMD2006-00011
Dear Mr. Bouska:
This letter is in response to your request for a Minor Modification (MMD2006-00011) at 10795 SW Cascade
Avenue, WCTM 1S135BC, Tax Lot 700. You have requested to modify the use of the site, from office to
religious institution,to allow the Portland Vineyard Church to use"Building 3" of the office park. The proposed
use is permitted outright in an MUC zone. No exterior changes have been proposed. The submitted site plan
reflects the current and proposed conditions.
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 development. Therefore,this criterion does not apply.
2. A change in the ratio or number of different types of dwelling units. The proposal does not
involve residential development. Therefore,this criterion does not apply.
3. A change that requires additional on-site parking in accordance with Chapter 18.765. The
vehicle parking requirement for church use is 1 space per 3 assembly seats (see Table 18.765.2 ).
Portland Vineyard Church will be required to provide 48 spaces. "Building 3" provides about 79
stalls,which exceeds the parking requirement. In addition, as stated in the lease agreement,the tenant
may use parking throughout the office park during church service hours. The limited weekday
activities, as shown in the church schedule,will require little parking. Therefore,the proposed change
of use will not require additional onsite parking.
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code. The proposed use does not cause a change in the type of commercial or industrial
structure as defined by the Building Code.
5. An increase in the height of the building(s) by more than 20 percent. The applicant has not
proposed to increase the height of the building. Therefore,this critenon does not apply.
6. A change in the type and location of accessways and parking areas where off-site traffic
would be affected. The applicant does not propose changes to the access points,driveway aisles, or
location of parking.
7. An increase in vehicular traffic to and from the site and the increase can be expected to
exceed 100 vehicles per day. Portland Vineyard Church has one service on Sundays with an
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 •
•
4
4
attendance of 125 adults and generally 2-3 people per car. At an estimate of 2 adults per vehicle,
church service will generate traffic of 63 vehicles once per week As shown in the weekly schedule,
limited weekday activities will result in 20 or less vehicles per day, most of the trips being in the
evening off-peak hours. Therefore, the church use will generate traffic of less than 100 vehicles per
day on average. Regardless of the previous use, the proposed change of use will not result in an
increase in traffic of more than 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 applicant does not propose an increase in
floor area.
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 proposal does not include changes to existing
landscaping.
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 proposal does not include changes to existing landscaping.
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. There have not been
any previous conditions of approval for the use of this site. Therefore,this criterion does not apply.
THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT. PLEASE
SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION.
This request is determined to be a minor modification to an approved site development plan. The Director's
designee has determined that the proposed minor modification of this existing plan will continue to promote the
general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties
provided that, development which occurs after this decision complies with all applicable local, state, and federal
laws.
If u need additional information or have any questions, please feel free to call me at
(503)718- 2172 or stop by the Permit Center at City Hall, 13125 SW Hall Blvd,Tigard,OR 97223.
Sincerely,
EmllyyE C —ssMill■
Assistant lanner
Page 2 of 2
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CITY OF TiGARI) RECEIVED
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',.;.,,c,: ,,. ,,ar.eilf tiatlifillillot , •
...: Approved -Pi'
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• , PERMIT NO.
• See Letter to: Follow • CITY OF TiGARD
Attach .. PLANNING/ENGiNEEFUNG
Job Arldrpss
—
{ -
07/28/2006 10:23 503624368' I16AK1) BU1Lll1NU ter I -"-4'-
gril. MINOR MODIFICATION RECE
TYPE I ,APPLICATION AUG i 8
IVED
( iycierieudPermit Cf tier 13125 SW NJ aid, Ti OR 97223 100&
Pfau* 503.639.4171 Fox:501598.1960 QTY OF
Tp�N NING /GA RD/ENG/NEEc>E� INFO MAT1U R/
NG
Property Address/Locaticn(s):_ 1 01°l 5 $�% C A5 LA 6C Ai1:". --
FOR STAFF USE ONLY
Tax Map&Tax Lot#(s): IS }5 00700 A
Case No.(s): u 04 taevb-00.0 i 1
Site Size:
Other Case No.(s): p i $Din,—CVO)y
Applicant"': nlie1 Pi 4.e. Sr9•3 1 ES14,J Receipt No.: .)b'le Lf(pr
Address: ■`6 4 4 i i n n:l i.N C 7
Gxy/State: c„.„.„, t,,,/ . zip: 9%4,01 Application motion Accepted By. o� /�-
Primary Contact ►7Ati.J ,JjoySICN Date: s1(�/D�
Phone: 503-eto- 44 F -, : o- 838-0657 Sc ZZ1-1;-'e-'(,
Pro Owner/Deed ,,/6 *: (Attach list if more than sae `/e T R/,*~'`'u-.
Date Determined Complete:
Percy '1 ) C.ao.! A�.O��lC.�
-Lt 1 1 14. Po a.-Ti-A,.,t, I JJ2%s(AAA I.. l�l►C.. x"•rptn\a
c`�euep4,lnmeae311nd use Appliczrions\minor mediFemi:n appdoc
Address: M A 70..,Sy 4r.l St) Phone 503-444-94 t'
t ley/State: i.A■=tf. OS...Jh-[.r0 0 i� Zip: CI 703_5 - ___ —_
" When the owner and the applicant are different people,the applicant must be the IjlIIZED 5iJl3MITIALELFyI
purchaser of record or a lessee in possession with written,authorization from the owner (Note: applications will no be accepted
or an agent of the owner. 'The owner(s)must sign this application in the space provided without the required submittal elements)
on the back of this form or submit a written authorization with this application.
PROPOSAL S JMMARYY E1V- lication Form
The owners of record of the subject property request pettuission for a Minor
Modification. To review a modification as a Minor Modification,the Director must Owner's Signattue/Written Authorization
first find that the expansion does not invoke one or morn of the 11 criteria discussed IT, e Transfer Instrument or Deed
within Section 18.360,050(5) of the Tigard Development Code. If the modification
exceeds the maximum allowed under arty one or more of the following criteria.a 27Site Development Plan(3 copies)
Major Modification review is required. Major Modifications are processed in the Site/Plot Plan(reduced 8'/ 'x 11")
same manner as a new Site Development Review, In a separate letter, pleat
address the criteria below contained in Section 18.360.050(B) including a detailed
response to each criteria. Applicant's Statement(3 copies)
Criteria Under Section 18.360,050(B)
1. An Increase in dwelling unit density or lot coverage for residential development. C/Addressing
Filing Fee $562.00
2. A change in the ratio or number of different types of dwelling units.
3. A change that requires additional on-site parking in accordance with Chap ter _
18.765.
4. A change in the type of commercial or industrial structures as defined by the In addition,the Director must find that the proposed
Uniform Building Code. change complies with the underlying standards of the
5. An increase in the height of the building(s)by more than 20%. applicable zoning district To complete this review,
6. A change in the type and location of accessways and parking areas where off-site the Applicant's proposal must include a discussion
traffic would be affected. indicating how the site expansion will continue to
7. An increase in vehicular traffic to and from the site and increase can be expected comply with the minimum setback, building height,
to exceed 100 vehicles per day parking land landscaping standards. Other
8. An increase in the floor area proposed for a non-residential use by more than applicable requirements such as minimum Clear
10%excluding expansions under 5,000 square feet. Vision areas near driveways and street intersections
9. A reduction in the area reserved for common open space and/or usable open may also be applicable depending on where the
space that reduces the open space area below the minimum required by this b,.rilding expansion is proposed to be constructed on
code or reduces the open space area by more than ten percent. the site.
10. A reduction of project amenities (recreational facilities, screening, and/or,
landscaping provisions)below the minimum established by this code or by more
than 10%where specified in the site plan.
11. A modification to the conditions imposed at the time of Site Development
Review approval that are not the subject of Criteria 1 through 10 above.
• ■, '
07!28/2006 1E0:23 5036243E81 TIGARD BUILDING DEPT PAGE 03/53
—
APPLICANTS:
To consider an application complete,you will need to submit ALL of the r.E01.JEMP.MMMI as described on
the front of this application in the"Re•uited Submittal Elements"box.
(Detailed Suomittal Requirement Information sheets can be obtained,upon request,for all rapes of Land Use Applications.)
THE APPLICANT(S)SHALL CERTIFY THAT:
♦ The above requests)oes nOtvipjtc anvsleed rcs_tridions that naafi be cloed tc inpt d upon the subject Berri.
• 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 maybe revoked it 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'IWDthis !! day of Akgv. ,20PX
C44 Qaa.Q� ll 1/�r+ta,,d (rduSM i«1, (..L.C C. r/
g y Crvs a f-lotas. •5 . • •c.-r$ ; •s ,Y,o„1c,46-Y'
✓/// —it• e S' - Owner's Signatr ire
• e = .i e-vir
¶;4-44_ V o c.e Pled i d.C_f+
Owner's Signattm Owner's Signatu.1r
CITY OF TIGARD 8/18/2006
ilk 13125 SW Hall Blvd. 1:58:51PM
Tigard,Oregon 97223
TIGARD (503)639-4171
Receipt #: 27200600000000004162
Date: 08/18/2006
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
MMD2006-00011 [LANDUS]Minor Modification 100-0000-438000 490.00
MMD2006-00011 [LRPF]LR Planning Surcharge 100-0000-438050 72.00
Line Item Total: $562.00
Payments:
Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid
Check PORTLAND VINEYARD ST 7798 In Person 562.00
CHURCH
Payment Total: $562.00
cReceipt.rpt Page 1 of 1
f ,*
= FIRS AMERICAN TITLE COM , NY =
# 1
Parcel :R0273153 RefPar# :1S135BC 00600
Owner :Ch Realty III & Portland Xfered :11/30/2005
Site :10775 SW Cascade Ave Tigard 97223 Price :$65,800,000
Mail :2100 Mckinney Ave#700 Dallas Tx 75201 Land :$745,740
Use:2312 Misc,Non-mfg,Improvement,lnd Zone Imp :$1,669,230
Census Tract:309.00 Block:1 05-06 Taxes :$35,683.47
Telephone : Thomas Bros :655 D2 Doc# : 8150478
Legal:ACRES 2.14
Bedrm: Bth: YB:1962 Lot Sqft:93,218 BIdgSF: Ac:2.14
#2 ******** ..,,..,*.*********** ***********************************************************************************************
Parcel :R0273224 RefPar# :1S135BC 00700
Owner :Ch Realty III & Portland Xfered :11/30/2005
Site :10831 SW Cascade Ave Tigard 97223 Price :$65,800,000
Mail :2100 Mckinney Ave#700 Dallas Tx 75201 Land :$1,547,600
Use:2312 Misc,Non-mfg,lmprovement,lnd Zone Imp :$3,049,590
Census Tract:309.00 Block:1 05-06 Taxes :$46,664.41
Telephone : Thomas Bros :655 E2 Doc# : 8150478
Legal:ACRES 4.44
Bedrm: Bth: YB: Lot Sqft:193,406 BIdgSF: Ac:4.44
#3 ****************
Parcel :R1318023 RefPar# :1S135BB 00501
Owner :Ch Realty III & Portland Xfered :11/30/2005
Site :10575 SW Cascade Ave Tigard 97223 Price :$65,800,000
Mail :2100 Mckinney Ave#700 Dallas Tx 75201 Land :$1,568,160
Use:2312 Misc,Non-mfg,Improvement,Ind Zone Imp :$3,953,000
Census Tract:309.00 Block:1 05-06 Taxes :$64,115.73
Telephone : Thomas Bros :655 D2 Doc# : 8150478
Legal:ACRES 4.50, SEE Al ACCOUNT(S)
Bedrm: Bth: YB: Lot Sqft:196,020 BIdgSF: Ac:4.50
RECEIVED
AUG 1 8 2006
CITY OF TIGARD
PLANNING/ENGINEERING
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
Washington County,Oregon 50478
.
20059
b • • 11/30/2005 01:55:09 PM J JV v
0-0W Cnt■1 Stn.) K ORUN!WALD
560.00 50.00$11.00 883,800.00(840,300.00)-Total•
kKie 111111 IlIN 1 11111 I II lUflhll II U
009744 77200501 5947130120127
After recording return to: I,Jerry Hanson,Director of Ai,,a,ment and Taxation ;¢-
and Ex-0Tcio County Clarl,far Washington County, A`.
Oregon,do hereby certify that the within Instrument of 'T
salting vats n
oo received and recorded In the book of 4,t •
..�
Scott Wyatt recor s of add county `i L •;
Vinson&Elkins L.L.P. ' '"
Jerry R.Hanson,DlreUor lFA ant and Taxation, `.eiytV"
2001 Ross Avenue, Suite 3700 Er-0nlcto County 0,4.
o Dallas,Texas 75201
Until a change is requested all
Q tax statements shall be sent to
the following address:
® CH Realty 111/Portland Industrial, L.L.C.
(w5 2100 McKinney Avenue, Suite 700 PROP
REAL PROPERTY e��``•'`� WYT COUNTY
TRANSFER TAX
Dallas,Texas 75201
Attention: Asset Manager—Portland Industrial ?' ' FEE PM) DATE
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS
That AMB PROPERTY, L.P., a Delaware limited partnership, and IMD HOLDING
CORPORATION, a Delaware corporation, hereinafter collectively called Grantor, for the
consideration hereinafter stated, do hereby grant, bargain, sell and convey unto CH REALTY
III/PORTLAND INDUSTRIAL, L.L.C., a Delaware limited liability company, hereinafter
called Grantee, and unto Grantee's heirs, successors and assigns, all of that certain real property
with the tenements, hereditaments and appurtenances thereunto belonging or in anywise
appertaining, situated in the Counties of Clackamas and Washington, State of Oregon, described
as follows,to-wit.
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
To Have and to Hold the same unto the said Grantee and Grantee's heirs, successors and
assigns forever.
And, subject to the exception described on Exhibit B attached hereto and made apart
hereof;the Grantor hereby covenants to and with the said Grantee and Grantee's heirs, successors
and assigns that said real property is free from encumbrances created or suffered thereon by
Grantor and that Grantor will warrant and defend the same and every part and parcel thereof
against the lawful claims and demands of all person claiming by, through, or under the Grantor.
The true and actual consideration paid for this transfer, stated in terms of dollars, is$65,800,000.
However,the actual consideration consists of or includes other property or value given or
promised which is the whole consideration.
CR0362/58194-1039023_2 DOC 1
111111111111 111IlIIl IIII11
In construing this deed and where the context so requires,the singular includes the plural
and all grammatical changes shall be implied to make the provisions hereto apply equally to
corporations and to individuals,
In Witness Whereof, the Grantor has executed this instrument thispZday of November, 2005;
if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly
authorized thereto by order of its board of directors.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930.
AMB PROPERTY, L.P., a Delaware limited
partnership
By: AMB Property Corporation, a Maryland
corporation, its general partner
By:
Name: Andrew Singer
Its: Senior Vice President
STATE OF Oregent-
County of } SS:
This instrument was acknowledged before me on November , 2005, by Andrew Singer as
Senior Vice President of AMB Property Corporation, a Maryland corporation, as the general
partner of AMB Property, L.P., a Delaware limited partnership, and who executed same on
behalf of the corporation and the limited partnership.
•
NM f � -
_ Lir
Notary Public for:
5-
'� )i Nosory Public canonw Y 'wo
San��county My Commission Expires: [i•��. 07
MY cartwn.Exr er Nov 24.2007
[SIGNATURES CONTINUE ON Ti IE FOLLOWING PAGE.]
CR0362/58194-1039023_2 DOC 2
•
11111111111111111
IMD HOLDING CORPORATION, a Delaware
corporation
By: /r •00° .
Name: Andrew Singer
Its: Senior Vice President
STATE OF 9regen Cr-114fr.,- }
County of fir. '(-- cp55o } SS:
This instrument was acknowledged before me on November , 2005, by Andrew Singer, as
Senior Vice President of IMD Holding Corporation, a Delaware corporation, and who executed
same on behalf of the corporation.
Notary Pub1 is for:5►.., t -c:s o
EMILY H.MILLER
My Commission Expires: Il-7..L}.01
� Commission*1452964 I
.., Notary public-California
&Z".1 9 San irons sco County
My Comm.Expiry Nov 24 2007
CR0362/58194-1039023_2 DOC 3
1111111110111 111111 III
2006_,50479
Exhibit A
land Description
[Follows this page.]
CR0362/58194-1039023 2.DOC A-1
1111111111113
2006-160478
LEGAL DESCRIPTION
Policy No.406311
PARCEL I:
A parcel of land as described per Document Nos.84-23349 and 89-63704 situated in the Northwest one-quarter of Section 35,
Township 1 South,Range 1 West,of the Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,
described as follows:
Beginning at a point on the Westerly right-of-way line of SW Cascade Boulevard,being the Southeast corner of that tract described in
Deed to Allis-Chalmer's Manufacturing Company,recorded in Book 557,Page 427,Washington County Deed Records,which bears
North 01°14'00"West 1,401.01 feet and North 89°22'00"West 60.03 feet from the Southwest corner of the D.C.Graham Donation
Land Claim No.52:thence South 01°14'00" East 20.01 feet to the Northeast corner of the first parcel described in Deed to Roland W.
Pinger,et ux,recorded in Book 462,Page 117,Washington County Deed Records;thence North 89°22'00"West 31.53 feet along the
North line of said Pinger Tract to a point of curvature;thence 331.69 feet along the arc of a 368.39 foot radius curve to the right
through a central angle of 51°35'18"(the long chord bears North 63°34'21"West 320.60 feet)to a point on a line which is parallel
with and 12 feet distant Easterly from when measured at right angles to the Easterly line of the Southern Pacific Railroad;thence
along said line North 18°48'43"West 453.38 feet to a point on the South line of that parcel described in Deed Document No.
95038883;thence North 88°45'57"East along said South line 446.80 feet to the Westerly right-of-way line of SW Cascade Boulevard;
thence South 01°14'00"East along said Westerly right-of-way line 561.88 feet;thence South 89°22'00"East 5.60 feet to the point of
beginning.
TOGETHER WITH an easement for ingress,egress and utilities as set forth in Reciprocal Easement Agreement recorded May 5, 1997
as Fee No.97041156.
PARCEL II:
A parcel of land as described per Document No.93-26084 and Document No.96-91564,bounded on the East by the West
right-of-way line of SW Cascade Boulevard as established per document No.95-80311 situated in the Northwest one-quarter of
Section 35,Township 1 South,Range 1 West,of the Willamette Meridian,in the City of Tigard,County of Washington and State of
Oregon,and which parcel of land is also described as follows:
Commencing at the Southwest corner of the D.C.Graham Donation Land Claim No.52 in Section 35,Township 1 South,Range 1
West,of the Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,and running thence North
01'14'00"West 1,056.00 feet to the Southwest corner of the Herbert Olson Tract recorded in Deed Book 304,Page 99,Records of
Deeds for Washington County,Oregon;thence along the Westerly boundary line of said Olson Tract North 01°14'00"West 12.05 feet
to the true point of beginning;thence North 86°21'01"West along the North line of that parcel described in Deed Document No.
95020920,a distance of 237.19 feet;thence South 71°11'17"West 12.00 feet to a point on the Easterly right-of-way line of the
Southern Pacific Railroad 75.00 feet Easterly and parallel to the center line thereof;thence North 18°48'43"West,along said
right-of-way line 462.03 feet;thence North 71°11'17"East 12.00 feet;thence 331.69 feet along the arc of a 368.39 foot radius curve
to the left,through a central angle of 51°35'18"(the long chord bears South 63°3421"East 320.60 feet);thence South 89°22'00"East
25.16 feet to the Westerly right-of-way line of SW Cascade Boulevard;thence South 01°09'23"East along said right-of-way line,
33.23 feet to a point of curvature;thence 229.58 feet along the arc of a 305.00 foot radius curve to the left through a central angle of
43°07'38"(the long chord bears South 22°32'52"East 224.20 feet);thence South 33°12'43"East 49.57 feet to a point of curvature;
thence 42.19 feet along the arc of a 100.00 foot radius curve to the left through a central angle of 24°10'15''(the long chord bears
South 45°17'51"East 41.87 feet)to a point on the North line of that parcel described in Deed Document No.95020920;thence South
87°33'00"West along said North line 59.08 feet;thence North 89°22'00"West 11.39 feet to the point of beginning.
TOGETHER WITH that portion of vacated SW Cascade Boulevard that inured thereto by City of Tigard Ordinance No.96-03,
recorded October 11, 1996,Recorder's Fee No.96091564.
ALSO TOGETHER WITH easements for ingress,egress,parking and utilities as provided in that certain Easement Agreement
recorded March 7, 1995 as Fee No.95015055,and amended May 5, 1997 as Fee No.97041157.
ALSO TOGETHER WITH an easement for ingress,egress and utilities as set forth in Reciprocal Easement Agreement recorded May
5, 1997 as Fee No.97041156.
PARCEL III:
9014710039.rdw
1111111 Illlll 1111NII1 III III
•
LEGAL DESCRIPTION
(Continued)
Policy No.406311
A tract of land as described per Document No.93-30887,to the Southwesterly right-of-way line of SW Cascade Boulevard,as
established per Document No.95-80310,situated in the Northwest one-quarter of Section 35,Township 1 South,range 1 West,of the
Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,described as follows:
Beginning at a point on the West line of the D.C.Graham Donation Land Claim No.52,which point bears North 0l°l4'00"West,
1,045.96 feet from the Southwest corner of said Southwest corner of Donation Land Claim;thence South 89°22'East 10.67 feet;
thence North 87°33'00"East 169.71 feet to a point on the South line of SW Cascade Avenue;thence 13.34 feet along the arc of a
305.00 foot radius curve to the left through a central angle of 2°30'19"(the long chord bears South 81°28'32"East 13.33 feet);thence
South 00°16'33'West 550.17 feet;thence South 73°56'24"West 228.00 feet to a point on the Easterly right-of-way line of Southern
Pacific Railroad;thence North 18°48'43"West along said right-of-way line,parallel and 75.00 feet from the center line thereof 657.85
feet;thence North 71°11'17"East 12.00 feet;thence South 85°22'56"East 229.86 feet to the point of beginning.
TOGETHER WITH easements for ingress,egress,parking and utilities as provided in that certain Easement Agreement recorded
March 7, 1995 as Fee No.95015055,amended May 5, 1997 as Fee No.97041157 and Easement Agreement recorded May 5,1997 as
Fee No.97041155.
PARCEL IV:
Parcels 1 and 2,PARTITION PLAT NO.2003-082,in the County of Clackamas and State of Oregon.
TOGETHER WITH those certain easement rights as set forth and more fully described in Declaration of Reciprocal Storm Water
Facilities Easement,recorded January 30, 1998 as recorders fee no.98-007023 and in Declaration of Parking and Access Easements,
recorded January 30, 1998 as recorders fee no.98-007024 and rerecorded September 24, 1998 as recorders fee no.98-089814.
9014710039.rdw
111111 11101111111111111 ill
•
2006-160478
Exhibit B
Permitted Exceptions
1. Subject to the statutory powers including the power of assessment of Clean Water
Services.
2. Regulations, including levies, liens, assessments, rights of way, and easements of
Tualatin Valley Water District.
THE FOLLOWING MATTERS AFFECTING PARCELS I,II AND/OR III:
3. An easement created by instrument, including terms and provisions thereof;
Dated: April 2, 1965
Recorded: April 30, 1965
Book: 550
Page: 613
In Favor Of: Metzger Sanitary District
For: Sewer line
Affects: 15 feet,in the Northeast corner of Parcel III
4. An easement created by instrument, including terms and provisions thereof;
Dated: November 4, 1968
Recorded: November 15, 1968
Book: 724
Page: 125
In Favor Of: The public
For: Drainage purposes
Affects: 5 feet along the East line of Parcel II1
5. Covenants, conditions and restrictions imposed by instrument, including the terms and
provisions thereof
Recorded: May 7, 1974
Book: 974
Page: 34
Affects: a portion of Parcel III
6. Covenants, conditions and restrictions imposed by instrument, including the terms and
provisions thereof.
Recorded: January 2, 1975
Book: 1006
Page: 487
Affects: Parcel III
CR0362/58194-1039023_2 DOC B-1
II I I I II 111111111 111111 III Ill
2005-1518475
7. Easement Agreement, including the terms and provisions thereof;
Dated: December 31, 1994
Recorded: March 7, 1995
Recorder's Fee No.: 95015055
By and Between: WINMAR Pacific, Inc., a Washington corporation and
Thomas J.Holce,a married person
Affects: Parcel II and Parcel 111
The terms and provisions of said Easement were modified by instrument,
Dated: April 15, 1997
Recorded: May 5, 1997
Recorder's Fee No.: 97041157
8. An easement created by instrument, including terms and provisions thereof;
Recorded: April 17, 1996
Recorder's Fee No.: 96034070
In Favor Of: Unified Sewerage Agency of Washington County
For: Underground electrical power supply
Affects: 15 foot strip through the Southerly and Easterly portions of
Parcel 111
9. Lease, including the terms and provisions thereof.
Dated: April 30, 1996
A memorandum of which was:
Recorded: June 4, 1996
Recorder's Fee No.: 96049996
Lessor: Thomas J. Holce, individually and Thomas J. Holce, as
Trustee of the Grandchildren's Trust under the Joyce M.
Holce Family trust dated June 20, 1986
Lessee: Sprint Spectrum L.P.,a Delaware limited partnership
Affects: Parcel III
10. Easements for existing public utilities in vacated street area and the conditions imposed
thereby,
Disclosed by Ordinance No.: 96-03
Recorded: October 11, 1996
Recorder's Fee No.: 96091564
Affects: Southeasterly portion of Parcel 11
11. An easement created by instrument, including terms and provisions thereof;
CR0362/58194-1039023_2 DOC B-2
• • 111111111111111181111111111
2005-150479
Dated: April 25, 1996
Recorded: October 11, 1996
Recorder's Fee No.: 96091565
In Favor Of City of Tigard
For: Public utilities and appurtenances
Affects: Southeasterly portion of Parcel 11
12. An easement created by instrument, including terms and provisions thereof;
Dated: June 6, 1996
Recorded: October 11, 1996
Recorder's Fee No.: 96091566
In Favor Of: City of Tigard
For: Public utilities
Affects: Southeasterly portion of Parcel II
13. Easement Agreement, including the terms and provisions thereof;
Dated: April 15, 1997
Recorded: May 5, 1997
Recorder's Fee No.: 97041155
By and Between: Thomas J. Holce and Holce Trust
Affects: Parcels II and III
14. Reciprocal Easement Agreement, including terms and provisions thereof;
Dated: April 15, 1997
Recorded: May 5, 1997
Recorder's Fee No.: 97041156
Affects: Parcels I and II
15. Right of Way and Easement Agreement, including the terms and provisions thereof;
Dated: February 12, 2001
Recorded: June 6, 2001
Recorder's Fee No.: 2001053945
By and Between: AMB Property, L.P., a Delaware limited partnership and
MClmetro Access Transmission Services, LLC, a Delaware
limited liability company
Affects: Northerly portion of Parcel III
THE FOLLOWING MATTERS AFFECTING PARCEL IV:
16. Limited access provisions contained in Deed to the State of Oregon, by and through its
State Highway Commission, which provides that no right or easement of right of access
to, from or across the State Highway other than expressly therein provided for shall
attach to the abutting property,
CR0362/58194-1039023_2 DOC B-3
. . . 1111111111111111111
Recorded: March 12, 1952
Book: 454
Page: 303
17. An easement created by instrument, including terms and provisions thereof;
Dated: January 31, 1985
Recorded: March 19, 1985
Recorder's Fee No.: 85-009006
In Favor Of The City of Wilsonville
For: Drainage
Affects: See map attached to document for location
18. An easement created by instrument, including terms and provisions thereof;
Dated: October 3, 1986
Recorded: November 4, 1986
Recorder's Fee No.: 86-043902
In Favor Of: City of Wilsonville,a municipal corporation
For: Pipeline
Affects: See map attached to document for location
19. Declaration of Reciprocal Storm Water Facilities Easements, including the terms and
provisions thereof;
Recorded: January 30, 1998
Recorder's Fee No.: 98-007023
20. Declaration of Parking and Access Easements, including the terms and provisions
thereof;
Recorded: January 30, 1998
Recorder's Fee No.: 98-007024
The above document was re-recorded by instrument,
Recorded: September 24, 1998
Recorder's Fee No.: 98-089814
21. Lease, including the terms and provisions thereof.
Dated: January 30, 1998
A memorandum of which was:
Recorded: February 2, 1998
Recorder's Fee No.: 98-007659
CR0362/58194-1039023_2 DOC B-4
11111111111111111111111
2006-160678
Lessor: AMB Property, L.P.,a Delaware limited partnership
Lessee: Thrifty Payless, Inc., a California corporation
22. Declaration of Sanitary Sewer, Potable Water and Access Easements, including the terms
and provisions thereof;
Recorded: August 13, 1998
Recorder's Fee No.: 98-074639
23. Restrictive Covenant Waiving Right of Remonstrance for Formation of LID, including
the terms and provisions thereof;
Recorded: August 22,2002
Recorder's Fee No.: 2002-077636
24. An easement created by instrument, including terms and provisions thereof;
Dated: April 10,2003
Recorded: May 21,2003
Recorder's Fee No.: 2003-064103
In Favor Of City of Wilsonville,a municipal corporation
For: Water pipeline
Affects: See document for details
25. An easement created by instrument, including terms and provisions thereof;
Dated: April 10,2003
Recorded: May 21,2003
Recorder's Fee No.: 2003-064104
In Favor Of: City of Wilsonville,a municipal corporation
For: Sanitary sewer pipeline
Affects: See document for details
26. Stormwater Maintenance Covenant and Access Easement, including the terms and
provisions thereof;
Recorded: May 21,2003
Recorder's Fee No.: 2003-064105
27. Declaration of Cross Easements Agreement, including the terms and provisions thereof;
Recorded: June 5,2003
Recorder's Fee No.: 2003-071713
28. Covenants, conditions and restrictions as shown on the recorded Partition Plat No. 2003-
082.
CR0362/58194-1039023_2 DOC B-5
. . 111111111101111111111
2886-160478
29. Easements as dedicated or delineated on the recorded Partition Plat No.2003-082
For: Utilities
Affects: 6 feet in width along Boones Ferry Road
CR0362158194-1039023 2.DOC B-6
CH REALTY III/PORTLAND INDUSTRIAL,L.L.C.
c/o Crow Holdings
2100 McKinney Avenue,Suite 700
Dallas,Texas 75201
City of Tigard
Building Department
13125 SW Hall Blvd.
Tigard,OR 97223
(503)639-4171
Project: Portland Vineyard Church
Address: 10795 SW Cascade Avenue,Tigard,Oregon
Subject: Letter of Authorization for Minor Modification Type I Application
To Whom It May Concern:
CH Realty III/Portland,L.L.C.,a Delaware limited liability company("Owner")hereby authorizes
Portland Vineyard Church, acting on behalf of Owner, for the limited purpose of filing and
presenting to the City of Tigard a Minor Modification Type I Application for purposes of obtaining
a "Change of Use" with respect to the premises consisting of 16,817 square feet of space with an
address of 10795 SW Cascade Avenue,Tigard Oregon from"Office Use"to"Religious Institution
Use".
This authorization is for the limited purposes set forth herein and no other purposes and this
authorization shall remain in force unless revoked in writing by Owner. Owner reserves the right
to revoke this authorization in writing at anytime.
Thank you.
Dated this Il t` day of 44.. 14S4 ,2006
Owner's Signature: ��
CH Realty III/Portland Industrial, L.L.C.,a Delaware limited liability company
By: Crow Holdings Managers,L.L.C.,a Texas limited liability company,its manager
By:
N. e: ii : ► .
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A
NW PRECISION DESIGN
City of Tigard
Building Department
13125 SW Hall Blvd.
Tigard,OR 97223
(503)639-4171
Project: Portland Vineyard Church
Address: 10795 SW Cascade Avenue
Subject: Applicants Statement
Criteria 1.
The proposed Change of Use is on a commercial property and a commercial application;this
criteria is Non Applicable to our project.
Criteria 2.
The proposed Change of Use is on a commercial property and a commercial application;this
criteria is Non Applicable to our project.
Criteria 3.
The particular building that we are proposing the Change of Use in,is one of three buildings
sharing a parking lot. Because the highest demand for the proposed use is on Sunday morning,
when all other business in the other two buildings are closed,the available parking exceeds the
required parking for this use. There is an agreement,written in to the lease,regarding the
parking. Please see attached Site Plan and Lease Agreement.
Criteria 4.
The proposed Change of Use does not require a change in the building construction type. The
existing construction type is allowed for the proposed Change of Use.
Criteria 5.
The proposed Change of Use does not include any addition to the existing height of the building.
The existing height of the building is allowed for the proposed Change of Use.
Criteria 6.
The proposed Change of Use does not include any change to the existing site access or parking
areas.
Criteria 7.
The proposed Change of Use will not increase the number of trips by more than too per day. See
attached Weekly Schedule,provided by Portland Vineyard Church,which indicates an
approximate count,per day,of the scheduled events.
Criteria 8.
The proposed Change of Use does not proposed any additional square footage to be added to the
building. No exterior work is being proposed for the Change of Use.
I 4.
A
NW PRECISION DESIGN
Criteria 9.
The proposed Change of Use does not reduce any area reserved for common open space. No
exterior work is being proposed for the Change of Use.
Criteria 10.
The proposed Change of Use does not reduce or modify any project amenities(recreational
facilities,screening and/or landscape provisions. Existing landscape meets current code
requirements.
Criteria ii.
The proposed Change of Use does not include any site development.
If you have any additional questions or need any additional information,please give me a call.
(503)680-6444.
Thank you,
QtAj4,...
Darin Bouska
NW Precision Design
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August 7, 2006
NW Precision Design
1844 NW Coach Street
Camas, Wa 98607
Darin,
Here is our weekly/Bi-Monthly and Monthly schedule for Portland Vineyard Church.
Weekly schedule:
• Sunday Mornings: 125 adults, /we figure 2-3 people per most car. We have one service on Sunday
mornings at 10am.
• Monday days only: Closed
• Tuesday days: 8-4pm: 2-5 people Tuesday evenings; 7-9pm Women's Bible Study 10 -15 people
• Wednesday days: 8-4pm 1 person Wednesday evenings 7-9pm Youth Group 8-15 people
• Thursday days: 8-4pm 2-5 people Thursday evenings: none
• Friday days: 8-4pm 2-5 people Friday evenings: none
Twice a month Benevolence workers:
• Thursday 2-4:30pm workers: 5 to 6 people
• Friday 10am-2pm workers: 5 to 6 people
• Saturday (twice a month) food distribution days from 10am— 12pm- 8-10 workers
Monthly schedule:
• Once a month Friday evenings 7pm, leaders meeting: 18 people, all are couples/9 cars
Almost all of our building use will be weekends and evenings which should not disturb the flow of work traffic.
If you have any questions please give us a call.
y 13500 SW PACIFIC HWY
Darlene Moore PMB 212
Administrative Assistant TIGARD, OR 97223
Portland Vineyard Church
503.684.8225
503.684.0522 FAX
vinety @aol.com
www.portlandvineyard.org
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* Iazardous Materials onto or frot Premises or the Project. Tenant shall, within s days of receipt thereof,
provide Landlord with a copy of a, .currents or correspondence received from any ,rnmental agency or other
party relating to a possible violation of Environmental Requirements or claim or liability associated with the release
or threat of release of any Hazardous Materials onto or from the Premises or the Project.
(f Tenant's Financial Assurance in the Event of a Breach. In addition to all other rights and
remedies available to Landlord under this Lease or otherwise, Landlord may, in the event of a breach of the
requirements of this Section 27 that is not cured within 30 days following notice of such breach by Landlord,require
Tenant to provide financial assurance(such as insurance,escrow of funds or third party guarantee)in an amount and
form satisfactory to Landlord. The requirements of this Section 27 are in addition to and not in lieu of any other
provision in this Lease. Tenant's obligations under this Section 27 shall also apply to the areas where Tenant's Off-
Premises Equipment is located.
211. Parking. Tenant shall have the non-exclusive right, in common with other tenants of the Building
to use such parking spaces associated with the Building as are allocated to Tenant by Landlord. Landlord shall use
24 APPROVED OREGON INDUSTRIAL LEASE FORM
BASED ON MASTER I.EASE VERSION 22
THIS DOCUMENT IS A DRAFT DOCUMENT FOR DISCUSSION PURPOSES ONLY AND IS NOT INTENDED TO BE AND
SHALL NOT BE DEEMED TO BE CONTRACTUALLY BINDING IN ANY WAY ON ANY PERSON (AN "APPLICABLE
PERSON"). THIS DOCUMENT DOES NOT OBLIGATE ANY APPLICABLE PERSON TO NEGOTIATE IN GOOD FAiTI1 OR
TO PROCEED TO COMPLETION AND EXECUTION OF A FINAL AGREEMENT. NO APPLICABLE PERSON IS BOUND BY
ANY PROVISION OF THIS DOCUMENT UNTIL IT IS EXECUTED BY SUCH PERSON. NO APPLICABLE PERSON HAS OR
SHALL HAVE ANY CLAIM AGAINST ANY OTHER APPLICABLE PERSON IN CONNFC ION WITII TIES DOCUMENT OR
TI lE NEGOTIATION THEREOF.
its reasonable discretion in allocating parking spaces to the tenants of the Building, taking into consideration all
factors Landlord deems relevant, including the density and type(e.g.,office or industrial)of use conducted by the
tenants of the Building in their respective premises. Landlord reserves the right to initiate steps to control the
parking utilization through gates,access cards, hang-tags or other means as appropriate. Initially,Tenant shall have
the non-exclusive right to use its Proportionate Share of the Buildings vehicular parking spaces except as otherwise
provided in Section 29(a)below. Parking spaces will be available to Tenant without charge during the initial Term.
Landlord shall not be responsible for enforcing Tenant's parking rights against third parties.
29. Other Provisions.
(a) Church Services. Tenant acknowledges and agrees that no church services will be conducted
at the Premises except on Saturdays, Sundays and after 6 p.m. on weekdays ("Church Service Hours"). At all
times, other than Church Service Flours, Tenant may use the Premises only for general office purposes consistent
with its operation as a church.
(b) Contingency. This Lease is subject to Tenant obtaining the necessary zoning approvals for
operation of the Premises as a church ("Zoning Approval"). Upon execution of this Lease, Tenant will promptly
seek all necessary approvals and use best efforts to diligently pursue such approval. Landlord will use commercially
reasonable efforts to cooperate with Tenant in connection with Tenant's pursuit of the Zoning Approval but shall not
be required to incur expenses in connection therewith. If Tenant is unable to obtain the Zoning Approval within 15
days after the execution of this Lease ("Zoning Approval Deadline"),Tenant may terminate this Lease by giving
Landlord written notice thereof within 5 days after the Zoning Approval Deadline. If Tenant fails to timely provide
Landlord with its termination notice,this Lease remains in full force and effect.
(c) Signage. Tenant may install one exterior sign on the Building,the specifications and location
of which are set forth on Exhibit I to this Lease("Approved Sign"). The Approved Sign must be in compliance
with all applicable Laws. Except for the Approved Sign, Tenant may not place any signs or other symbols(i)upon
the exterior of the Premises,(ii)within the Premises which are visible from outside the Premises, or(iii)elsewhere
within the Complex.