MMD2003-00001 MMD2003 00001
GUSTAV ' S
BAVARIAN PUB
AND GRILL
CITY OF TIGARD
January 17, 2003 OREGON
Gustav's Lincoln Center
Attn: Joe Van Lom
P.O. Box 13068
Portland, OR 97213
RE: Casa Lupita to Gustav's Minor Modification Request, Case File No. MMD2003-00001
Dear Mr. Lom:
This letter is in response to your request for a Minor Modification (MMD2003-00001) of the
existing Casa Lupita restaurant, within the Lincoln Center site development located at SW
Greenburg and SW Locust, WCTM 1S135AB, Tax Lot 01003. You have requested a small
expansion of the restaurant along with associated façade changes. The submitted site plans
reflect the current conditions as well as the proposed modifications.
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 proposal includes creating 612 additional square feet of restaurant space,
with a net increased requirement of 10 spaces (15.3 spaces per 1,000 gross square
feet). However, the entire development site has a total of 2,369 spaces and a net
requirement of 2,184 spaces, with a surplus of 185 spaces after the remodel. Therefore,
additional on-site parking is not required.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 Pa.- 1
• •
4. A change in the type of commercial or industrial structures as defined by the
Uniform Building Code. No change in the structural occupancy type of the buildings is
proposed. Therefore, this criterion is not applicable.
5. An increase in the height of the building(s) by more than 20 percent. The applicant
has not proposed any changes to the existing building that will affect the height.
Therefore, this standard is met.
6. A change in the type and location of accessways and parking areas where off-site
traffic would be affected. This application will not affect driveways, accessways or
parking aisles. Since off site traffic will not be affected, this standard is satisfied.
7. An increase in vehicular traffic to and from the site and the increase can be
expected to exceed 100 vehicles per day. There is no change to the type or intensity
of use proposed. The modification request is for site and landscaping improvements.
This modification will not generate significant additional vehicle trips. Therefore, this
criterion is met.
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 proposal will expand the
square footage of the building approximately 612 square feet, which is below the 5,000
square foot threshold. Therefore, this standard is met.
9. A reduction in the area reserved for common open space and/or usable open
space that reduces the open space area below the minimum required by the code
or reduces the open space areas by more than ten percent. The proposal will not
reduce existing open space areas presently at 26.8% of the site area, in compliance with
code requirements.
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 modifications to the
site will not reduce or eliminate project amenities. Recreational facilities, screening, and
landscaping will not be detrimentally affected. Therefore this criterion is 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. The City has
reviewed numerous land use applications for the area known as the Lincoln Center. The
site was annexed to the City of Tigard in 1987 at which time it received the City's
Commercial Professional (C-P) zoning designation. The 12-story Lincoln Tower was
approved later in 1987 (SDR 87-08/V 87-07) along with a variance to the maximum
building height standard of the C-P zone. In 1988, a Conditional Use Permit was
approved allowing a heliport on top of the Lincoln Tower. In 1989, the City gave Site
Development Review approval for the Lincoln V building (SDR 89-12/V 89-17) with a
variance to the maximum building height requirements and parking dimensional
standards. In 1990, SDR approval was granted for a 7-story office building and 3-level
parking structure (SDR 90-0022/VAR 90-0033). A variance to the maximum building
height standard was also approved. In 1999, a proposal for two new buildings was
approved, however, this approval was never acted on, and has since expired. On March
28, 2002, the Washington Square Regional Center Plan was adopted, and the zoning
Page 2 of 3
designation of the property changed to MUE-1. A review of these previous decisions
reveals that compliance with specific conditions of approval will not be affected.
THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO
THE FOLLOWING LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR
BUILDING PERMIT APPLICATION.
Limitations on Minor Modification Approval
This approval is based on the plans and drawings submitted, as well as the statement provided
by the applicant. Deviation from these documents shall render this decision void.
This request is determined to be a minor modification to an existing site. The Director's designee
has determined that the proposed minor modification of this existing site will continue to promote
the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding
properties provided that, development which occurs after this decision complies with all applicable
local, state, and federal laws.
If you need additional information or have any questions, please feel free to call me at
(503) 639-4171 ext. 2428.
Since ly,
Morgan Tracy
Associate Planner
\\tig333\usr\depts\curpin\morgan\workspace\mmd\mmd20o3-00001 (gustav's).doc
Page 3 of 3
MINOR MODIFICATION
i'l■ TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
' C350
Property Address/Location(s): ,t123.0-0 SO G Z-et H -(ZC- RA,
1 C,AZO ,OR c1722
Tax Map & Tax Lot#(s): ti 5 13'i A P,O i n O 3 FOR STAFF USE ONLY
Site Size: +' 2 5.5 34 .sue . FT: / rl Case No.(s):� O Z�� - 0 000
Applicant*: Gr. -n s v'& t, coc.... c€ rC/2-- r ',rt. Other Case No.(s): '
i
P.Address: o- Sox /344 Y Receipt No.: 2(Y)3 Lib 3 s
City/State: 7 47z-a ,_.0/2 Zip: 97213 Application Accepted By:c--p/
Primary Contact: jot t14.-) Low, Date: '/ 3(c'
Phone: 5-b3_ Z_2.-0S9O Fax: 5b3—
Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete:
F'Qu1T�/ ocGc cE P2oPF.a.T(S s,,,TE/160 Rev.7/22/2002 is\curpin\masters\revised\minormod.mst
Address:l!/oZtoo ski a,za.rduac, /ZaHO Phone: 503-e92-2-tea
City/State: f)277.4--'. , coot Zip: 91213
REQUIRED SUBMITTAL ELEMENTS
* When the owner and the applicant are different people, the applicant (Note: applications will not be accepted
must be the purchaser of record or a lessee in possession with written without the required submittal elements)
authorization from the owner or an agent of the owner. The owner(s)
must sign this application in the space provided on the back of this
form or submit a written authorization with this application. [ Application Form
PROPOSAL SUMMARY Li Owner's Signature/Written Authorization
The owners of record of the subject property request permission for a ❑ Title Transfer Instrument or Deed
Minor Modification. To review a modification as a Minor
Modification, the Director must first find that the expansion does not ❑ Site Development Plan (3 copies)
invoke one or more of the 11 criteria discussed within Section
18.120.070(B) of the Tigard Development Code. If the modification ❑ Site/Plot Plan (reduced 8'/:"x 11")
exceeds the maximum allowed under any one or more of the �" Applicant's Statement (3 copies)
following criteria, a Major Modification review is required. Major
MoaifiCations are pi ucessed ii1 the Sarno ,r,a n,Cr :as a net-^! Site (Addressing Criteria Under Section 18.360.050(B)
Development Review. In a separate letter, please address the Filing Fee $435.00
criteria below contained in Section 18.360.050(B) including a detailed
response to each criteria.
I. An Increase in dwelling unit density or lot coverage for residential development. In addition, the Director must find that the
2. A change in the ratio or number of different types of dwelling units. proposed change complies with the underlying
3. A change that requires additional on-site parking in accordance with Chapter 18.165. standards of the applicable zoning district. To
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. complete this review, the Applicant's proposal
5. An increase in the height of the building(s) by more than 20%. must include a discussion indicating how the
6. A change in the type and location of accessways and parking areas where off-site traffic would be site expansion will continue to comply with the
affected. minimum setback, building height, parking land
1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 landscaping standards. Other applicable
vehicles per day. requirements such as minimum Clear Vision
8. An increase in the floor area proposed for a non-residential use by more than 10% exduding areas near driveways and street intersections
expansions under 5,000 square feet. may also be applicable depending on where
9. A reduction in the area reserved for common open space and/or usable open space that reduces the the building expansion is proposed to be
open space area below the minimum required by this code or reduces the open space area by more constructed on the site.
than ten percent.
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.
II. 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.
r
'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, may be revoked if it is found that
any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
•
SIGNATURES of each owner of the subject property.
DATED this —3 day of �fc lvn34'(-- ,20 O
•
i
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
A CITY OF TIGARD 1/6/2003
13125 SW Hall Blvd. 12:52:56PM
n „ Tigard,Oregon 97223
,�- 'IL (503) 63 9-417 1
Receipt #: 27200300000000000035
Date: 01/06/2003
Line Items: .
Case No Tran Code Description Revenue Account No Amount Paid
MMD2003-00001 [LANDUS] Minor Modification 100-0000-438000 435.00
Line Item Total: $435.00
Payments:
Method Payer User ID Acct/Check Approval No. How Received Amount Paid
Check GUSTAV'S GERMAN PUB& KJP 003015 In Person 435.00
GRILL
Payment Total: $435.00
ARCHITECTS VAN LOMNCOMPANY
XTRANSMITTAL MEMO DATE: 1/10/03 JOB NO: 0102
TO: City Of Tigard RE: Gustav's Pub And Grill
13125 SW Hall Blvd. Tigard, Oregon
Tigard, OR 97223
ATTN: Morgan Tracy
Per our conversation, see the enclosed Letter of Authorization, Title Transfer Instrument,
plot plan at 8 1/2"x11", and 3 copies of the Site Development Plan.
rec 1f,3/03
BY: Tom Louris VIA: Mail TOTAL PAGES:
ARCHITECTS VAN LOM+COMPANY, AIA, PC
34 NW FIRST, SUITE 309 PORTLAND, OR 97209
503.226.0590 PHONE 503.273.8649 FAX
architects@vanlom.com EMAIL
Equity Office. ernes Trust Lincoln Center
10260 SW Greenburg Road,Suite 100
Portland,Oregon 97223
phone 503.892.2500 fax 503.892.2510
www.equityoffice.com
Equity Office
January 10, 2003
Morgan Tracy,Associate Planner
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard OR 97223
RE: Letter of Authorization
Site Modification Application—Lincoln Center
To Whom it May Concern:
Please accept this letter as authorization for Tom Louris of Architects Van Lom to represent Gustav's
Lincoln Center,Inc.L.L.C., (Guten Foods)and OR-Lincoln,L.L.C. (Equity Office)in an application for
Minor Building Modifications at the Lincoln Center restaurant site, 10350 SW Greenburg Road.
The Site Modification project is more specifically occurring on: Tax Maps/lot# 151AB01003.
We appreciate your time and attention in this matter. If you have any questions or concerns,please
contact me at 503.892.2500.
Sincerely,
EQUITY OFFICE
Krista R. Bailey
Property Manager
Cc: Tom Louris,Architect Van Lom
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COMMITMENT
FOR
TITLE
INSURANCE
IV Chicago Title
CHICAGO TITLE INSURANCE COMPANY
OF OREGON
P.O. BOX 218
PORTLAND, OREGON 97207
Chicago Tit L „trance `�-~`
RIM Company of Oregon 1 4 b
COMMITMENT FOR TITLE INSURANCE
////,..1&6 44 .
CHICAGO TITLE INSURANCE COMPANY OF OREGON ... :,
L
Chicago Title Insurance Company of Oregon, an Oregon corporation, herein called the Company, fora valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor
of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in
the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject
to the provisions of Schedule A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof.by the Company, either at the time of the issuance
of this Commitment or subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
- obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies
is not the fault of the Company.
r
t _ •
Ifk
CHICAGO I I I Lt IN�uru on..,c ,JMPANY OF OREGON
By:
��
Ncr "'"i
tORPOIfATfs President
gvd1 8 `moo By:
v
Authorized Signature Secretary
COMMITMENT FOR TITLE INSURANCE-1966
Reorder Form No. 9410
COMMITMENT FOR TITLE INSURANCE
•
Schedule A
CHICAGO TITLE INSURANCE COMPANY 10001 SE SUNNYSIDE ROAD
OF OREGON CLACKAMAS, OR 97015
Telephone: (503) 653-7300
June 2, 2001
Order No. : 229492
Escrow No. : NBU 020101152
Site: 0118
To: EQUITY OFFICE HOLDINGS, LLC
c/o Chicago Title Insurance Co.
171 N. Clark Street
Chicago, IL 60601
ATTN: Cindy Malone
1 . Effective Date: May 25, 2001 at 8:00 a.m.
2 . Policy or Policies to be issued:
Standard Owners Coverage Liability and Premium to be Determined
Pr=nsed Insured:
TO BE DETERMINED
3 . The Estate of interest in the land described or referred to in this Commitment
and covered herein is:
Fee simple as to Parcels I, II, III, IV, V, VI and VII and an Easement Estate
as to Parcel VIII .
4 . Title to the estate or interest in said land is at the effective date herein
vested in:
S?IEKER PROPERTIES, L.P. , a California limited partnership
5. The land referred to in this Commitment is described as follows:
(Continued)
•
CHICAGO TITLE INSURANCE COMPANY OF OREGON •
By�41111 _ __ - L AIL
Juli- M. Fisher
Tit e Officer
•
SCHEDULE B - SECTION 1
Order No. 229492
Schedule B of the policy or policies to be insured will contain exceptions to the following .
matters unless the same are disposed of to the satisfaction of the Company.
A. Defects, liens, encumbrances, adverse claims or other matters, if, any created, first
appearing in the public records, or attaching subsequent to the effective date hereof
prior to the date the proposed Insured acquires of record for value the estate or
interest or mortgage thereon covered by this Commitment.
GENERAL EXCEPTIONS (Standard , overage Policies only)
1. a. 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 .
b. Proceedings by a public agency which may result in taxes or assessments, or
notices of such proceedings, whether or not shown by the records of such agency
or by the public records.
2 . a. Easements, liens, encumbrances, interests or claims thereof which are not
shown by any public records.
b. Any facts, rights, interests or claims which are not shown by the public
records but which could be ascertained by an inspection of the land or by
making inquiry of persons in possession thereof.
3 . Discrepancies, conflicts in boundary lines, shortages in area, encroachments,
or any other facts which a correct survey would disclose, and which are not
shown by the public records.
4. a. Unpatented mining claims;
b. Reservations or exceptions in patents or in Acts authorizing the issuance thereof;
c. Water rights, claims or title to water;
whether or not the matters excepted under (a) , (b) , or (c) are shown by the public
records.
5. Any lien or right to a lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records. •
Order No: 229492 '
SPECIAL EXCEPTIONS (Continued)
5. An easement created by instrument, including terms and provisions thereof.
Dated: November 27, 1978
Recorded: November 30, 19.78
Recorder' s Fee No. : 78052367
In Favor Of: Northwest Natural Gas
For: Gas pipeline purposes
Affects: Parcels IA, II, and III, and Parcels 2 and 3, Partition Plat
1991-055
6. Easements for existing public utilities in vacated street area and the conditions
imposed thereby,
Disclosed by Ordinance No. : 78-232
Entered: October 17, 1978
Recorded: January 2, 1979
Recorder' s Fee No. : 79000127
Affects Parcels IA, II, III and Parcels 2 and 3, Partition Plat 1991-055
7. An easement created by instrument, including terms and provisions thereof.
Dated: September 10, 1979
Recorded: September 11, 1979
Recorder' s Fee No. : 79037015
In Favor Of: Washington County
For: Traffic control facilities
Affects: Parcel IA and Parcel 3, Partition Plat 1991-055
8 . Covenants, conditions, restrictions and easements, but omitting restrictions, if any.
based on race, color, religion, sex, handicap, familial status or national origin,
unless and only to the extent that said covenant, (a) is exempt under Chapter 42,
Section 3607 of the United States Code or (b) relates to handicap but does not
discriminate against handicapped persons, as contained in Memorandum of Real Estate
Agreement;
Recorded: November 7, 1979
Recorder' s Fee No. : 79045910
(Affects Parcels IA, IB, II, III, IV, V, VI and Parcels 1, 2 and 3, Partition Plat
1991-055)
Said covenants, conditions, restrictions, and easements were amended by instrument;
Recorded: December 30, 1982
Recorder' s Fee No. : 82034219
9. Easements for existing public utilities in vacated street area and the conditions
imposed thereby,
Disclosed by Ordinance No. : 80-129
Entered: May 16, 1980
Recorded: June 20, 1980
Recorder' s Fee No. : 80021653
Parcel IA
(Continued)
•
Order No: 229492
SPECIAL EXCEPTIONS (Continued)
10. Easements for existing public utilities in vacated street area and the conditions
imposed thereby,
Disclosed by Ordinance No. : 81-166
Entered: August 11, 1981 -
Recorded: We find no recorded copy
Affects Parcel IA
11. Unrecorded Lease, including the terms and provisions thereof, ;
Dated: November 17, 1981
Lessor: Crow-Spieker-Hosford #65, a Texas limited partnership
Lessee: Sorel Restaurant Corporation, now known as Stouffer Restaurant
Company
Disclosed By: Memorandum of Lease
Recorded: July 29, 1982
Recorder' s Fee No. : 82019048
(Affects Parcels IA, IB and a portion of Parcels II and IV)
Parcels II and IV were released from said instrument by Quitclaim Deed;
Recorded: October 14, 1987
Recorder' s Fee No. : 87052027
Parcel IS was released from said instrument by Release;
Recorded: December 29, 1989
Recorder' s Fee No. : 89063776
The present ownership of said leasehold and other matters affecting the interest of
the lessee are not shown herein.
12. Unrecorded Lease, including the terms and provisions thereof, ;
Dated: October 10, 1981
Lessor: Crow-Spieker-Hosford #65, a Texas limited partnership
Lessee: Casa Lupita Restaurants, Inc. , a Washington corporation
Disclosed By: Memorandum of Lease
Recorded: July 29, 1982
Recorder' s Fee No. : 82019050
(Affect Parcel IA. )
Said Lease was modified by instrument;
Recorded: October 19, 1982
Recorder' s Fee No. : 83038713
The above document was re-recorded by instrument,
Recorded: April 13, 1984
Recorder' s Fee No. : 84013892
Parcel IB was released from said instrument by Release;
Recorded: December 29, 1989
Recorder' s Fee No. : 89063775
The present ownership of said leasehold and other matters affecting the interest of
the lessee are not shown herein.
(Continued)
Order No: 229492
SPECIAL EXCEPTIONS (Continued)
13. Easements for existing public utilities in vacated street area and the conditions
imposed thereby,
Disclosed by Ordinance No. : 89-19
Entered: July 10, 1989
Recorded: July 24, 1989
Recorder' s Fee No. : 89033482
Affects Parcel III
14 . Lease, including the terms and provisions thereof.
Dated: July 26, 1990
A memorandum of which was:
Recorded: August 17, 1990
Recorder' s Fee No. : • 90044580
Lessor: Seiyu International Corp. , an Oregon corporation
Lessee: U.S. West Direct
(Affects Parcel V)
The present ownership of said leasehold and other matters affecting the interest of
the lessee are not shown herein.
15. Non-Access reservation as shown on the recorded plat,
Affects: One foot along the Westerly line of Parcels 2 and 3 of Partition Plat,
1991-055.
16. The rights of tenants, under Lease Agreements, as tenants only, including the terms
and provisions thereof, as disclosed by Deed recorded September 28, 2000 as
Recorder' s Fee No. 2000078535.
17. Matters set forth on Survey,
Dated: July 31, 2000
Last Revised: September 25, 2000
Made by: OTAK Incorporated
Project No. : 10508
As follows:
A) Sign encroachment outside the southwesterly boundary of Parcel IA;
B) Overhead power line encroachments along the South line of Parcels IA and IB;
C) Fence encroachment outside the Easterly boundary of Parcel IV;
D) Existing waterline located in the approximate area of vacated Mapleleaf Street
running easterly through subject properties and benefiting Elementary School proper:
to the east.
18. Construction Lien for the amount herein stated including costs; •
Recorded: May 22, 2001
Recorder' s Fee No. : 2001047990
Amount: $816.07
Claimant: Day Management Corp. dba Day Wireless Systems
19. Construction Lien for the amount herein stated including costs;
Recorded: May 22, 2001
Recorder' s Fee No. : 2001047991
Amount: $723.27
Claimant: Day management Corp. dba Day Wireless Systems
(Continued)
Order No: 229492
SPECIAL EXCEPTIONS (Continued)
20. The terms and provisions of the partnership agreement of Spieker Properties, L.=. , a
copy of which should be furnished for our examination prior to closing. Any
conveyance or encumbrance of partnership property must be executed by all of the
general partners, unless otherwise provided for in the partnership agreement.
NOTE: This report is subject to any amendments which might occur when the names of
prospective purchasers are submitted to us for examination.
NOTE: Any transfer of the herein described property is subject to the payment ci
Washington County Transfer Tax at the rate of $1.00 per $1, 000.00 or fraction thereof
of stated consideration.
Taxes -for the fiscal year 2000-2001, including special assessment for the Metzer Park
LID, paid in full, as follows:
Levy Code: 023-81 Map No. 1S135AB
Amount Account Tax Lot Affects:
Paid: No. : No. :
$172,400.78 'R1224776 1003 Parcel _IA
$ 8, 030.89 •R2006732 1006 Parcel IB
$114,203 . 57 R1323026 1004 Parcel II
$107,864 .83 R1115288 1002 Parcel III
$269,844 .43 R271967 3400 Parcel IV
$183, 143 .47 R271583 900 Parcel V .
$ 37,996 .06 R271565 700 Parcel VI
$ 9,573 .78 R2017507 4400 Parcel VII
(Parcel 1 of Plat)
$ 42,259 .33 82017508 4500 Parcel VII
(Parcel 2 of Plat)
$ 7, 147.49 'R2017509 4600 Parcel VII
(Parcel 3 of Plat)
NOTE: Property address is identified as:
10330 SW Greenburg Road (Red Lobster, Parcel IA)
10300 SW Greenburg Road (One Lincoln, Parcel IA)
10350 SW Greenburg Road (Casa Lupita, Parcel IA)
10250 SW Greenburg Road (Parcel IB)
10220 SW Greenburg Road (Two Lincoln South, Parcel II)
10220 SW Greenburg Road (Two Lincoln North, Parcel III)
'10260 SW Greenburg Road (Lincoln Tower, Parcel IV)
10200 SW Greenburg Road (Five Lincoln, Parcel V)
10250 SW Greenburg Road (Parcel VII)
Tigard, Oregon
END OF REPORT
JMF/jmf
June 2, 2001
LEGAL DESCRIPTION
PARCEL IA:
A parcel of land in the North one half of Section 35, Township 1 South, Range 1
West, Willamette Meridian, in the City of Tigard, County of Washington and State of
Oregon, being a portion of Blocks 12, 13 and 14, a portion of vacated S.: Mapleleaf
Street (Resolution and Order No. 78-232) , a portion of vacated SW Hayes Street (Vol .
280, Page 172) , a portion of vacated SW Garfield Street (Vol. 278, Page 629) , also.
including a part of a vacated, unnamed, dedicated roadway (Resolution and Order
Nos. : 81-73, 80-129 and 80-166) , all within the TOWN OF METZGER, a recorded plat;
also including portion of Lots 1, 2, 6 and 7, ASHBROOK FARM, a recorded slat, more
particularly described as follows:
Beginning at a point in the East line of the West 100 feet of Lot 7, ASHBROOK FARM,
said point bearing North 00°36' 19" West 30.00 feet from the center line of SW Oak
Street (County Road No. 823) ; thence South 89°34' 11" West parallel to and 30 feet
Northerly from (when measured at right angles) said center line 343 .98 feet to a
point in the Northerly line of the connection road leading from SW Greenburg Road to
SW Oak Street as established by the Oregon State Highway Department; thence along
said Northerly line North 78°40'05" West 72.48 feet to the beginning of a
non-tangent 70. 00 foot radius curve right; thence in a Northwesterly direction along
the arc of said curve 66. 00 feet through a central angle of 54°01' 08" (the long
chord bears North 63°21' 53" West 63.58 feet to a point of tangency; thence North
36°21' 19" West 98 .74 feet to the beginning of a tangent 105.00 foot radius curve
left; thence along the arc of a said curve 61.94 feet through a central angle of
33°47' 49" (the long chord bears North 53°15' 14" West 61.04 feet) to a point in the
Easterly line of SW Greenburg Road as established by the Oregon State Highway
Department and shown on Washington County Plat of County Road No. 2472; thence in a
Northerly direction along the Easterly line of said County Road No. 2472 the
following courses and distances: North 4°42'05" East 92.02 feet and North 16°00'41"
East 32 .26 feet to a point in the Southerly line of the aforementioned unnamed,
dedicated roadway; South 89°28' 00" West along said Southerly line 13.90 feet; North
14°10' 10" East parallel to the center line of SW Greenburg Road and 45.00 feet
Southeasterly from (when measured at right angles) said center line 327.03 feet to a
point in the Southerly line of vacated SW Mapleleaf Street; thence North 89°30' 00"
East along said Southerly line 15.51 feet to a point 60.00 feet Southeasterly from
(when measured at right angles) the center line of SW Greenburg Road; thence North
14°10' 10" East parallel to said center line 25.86 feet to the center line of SW
Mapleleaf Street, aforesaid; thence North 89°30' 00" East along said center line
25 .88 feet to the beginning of a tangent 129.90 foot radius curve right; thence
leaving the center line of SW Mapleleaf Street along the arc of said curve 73.82
feet through a central angle of 32°33'39" (the long chord bears South 74°13' 11" East
72.83 feet) to a point of tangency; thence South 57°56'21" East 74.99 feet to the
beginning of a non-tangent 45.00 foot radius curve left; thence along the arc of
said curve 141.37 feet through a central angle of 180°00' 00" (the long chord bears
South 57°56'21" East 90. 00 feet to a point of non-tangency; thence South 57°56'21"
East 53 . 48 feet to the beginning of a tangent 134.60 foot radius curve left; thence
Easterly along the arc of said curve 145.02 feet through a central angle of •
61°43' 56" the long chord bears South 88°43' 19" East 138 .11 feet) ; thence South
24°33' 22" East 75.35 feet; thence along a line parallel to and 20.00 feet West from
the East line of the West 100.00 feet of Lot 7, (extended Northerly) , ASHBROOK FARM,
South 00°36' 19" East 122 .23 feet to the center line of the aforesaid unnamed,
dedicated roadway; thence along said center line North 89°29'28" East 20.00 feet to
a point in the Northerly extension of said East line of the West 100.00 feet of Lot
7, ASHBROOK FARM; thence along said Northerly extension and along said East line
(Continued)
•
South 00°36' 19" East 2. . 08 .ceet to the point of beginni_•:g.
EXCEPTING THEREFROM that portion thereof described as follows:
A tract of land in the North one half of Section 35, Township 1 South, Range 1 West,
Willamette Meridian, in the County of Washington and State of Oregon, being parts of
Lots 1, 2, and 6 of ASHBROOK FARM, a recorded plat, all of the above being more
particularly described as follows:
Commencing at a point in the East line of the West 100 feet of Lot 7, ASHBROOK FARM,
said point bears North 0°36' 19" West 30.00 feet from the center line of SW Oak
Street (County Road No. 823) ; thence South 89°34' 11" West parallel to and 30 feet
Northerly from (when measured at right angles) said center line along the Northerly
line of said street 341.65 feet to a point therein, being the true point of
beginning; thence leaving said line North 00°26' 14" West 161.36 feet; thence South
89°15' 40" West 76.03 feet; thence North 00°26' 14" West 9.70 feet; thence South
89°33' 45" West 60.50 feet; thence South 16°10' 51" West 32.40 feet; thence South
53°38' 41" West 43.38 feet to a point in the Northerly line of the connection road
leading from SW Greenburg Road to SW Oak Street as established by the Oregon
Department of Transportation; thence along said Northerly line South 36°21' 19" East
86.98 feet to the beginning of a tangent 70.00 foot radius curve left; thence along
the arc of said curve 66.00 feet through a central angle of 54°01' 08" (the long
chord bears South 63°21' 53" East 63.58 feet) to a point of non-tangency; thence
South 78°40' 05" East 72.48 feet to a point 30.00 feet Northerly from (when measured
at right angles) the center line of SW Oak Street, aforesaid; then North 89°34' 11"
East parallel to said center line along the Northerly line of said street 2.33 feet
to the point of beginning.
PARCEL IB:
A tract of land in the North one half of Section 35, Township 1 South, Range 1 West,
Willamette Meridian, in the County of Washington and State of Oregon, being parts of
Lots 1, 2, and 6 of ASHBROOK FARM, a recorded plat, all of the above being more
particularly described as follows:
Commencing at a point in the East line of the West 100 feet of Lot 7, ASHBROOK FARM,
said point bears North 0°36' 19" West 30.00 feet from the center line of SW Oak
Street (County Road No. 823) ; thence South 89°34' 11" West parallel to and 30 feet
Northerly from (when measured at right angles) said center line along the Northerly
line of said street 341.65 feet to a point therein, being the true point of
beginning; thence leaving said line North 00°26' 14" West 161.36 feet; thence South
89°15' 40" West 76.03 feet; thence North 00°26' 14" West 9.70 feet; thence South
89°33' 45" West 60.50 feet; thence South 16°10' 51" West 32.40 feet; thence South
53°38' 41" West 43.38 feet to a point in the Northerly line of the connection road
leading from SW Greenburg Road to SW Oak Street as established by the Oregon
Department of Transportation; thence along said Northerly line South 36°21' 19" East
86. 98 feet to the beginning of a tangent 70.00 foot radius curve left; thence along
the arc of said curve 66.00 feet through a central angle of 54°01' 08" (the long
chord bears South 63°21' 53" East 63.58 feet) to a point of non-tangency; thence
South 78°40' 05" East 72.48 feet to a point 30.00 feet Northerly from (when measured
at right angles) the center line of SW Oak Street, aforesaid; then North 89°34' 11"
East parallel to said center line along the Northerly line of said street 2.33 feet
to the point of beginning.
•
PARCEL II :
A parcel of land in the Northeast one quarter of Section 35, Township 1 South, Range
1 West, Willamette Meridian, in the City of Ticard, County of Washington and State
of Oregon, said parcel being more particularly described as follows:
Beginning at the intersection of the Easterly line of that parcel recorded as
Recorder' s Fee No. 87033598 on June 30, 1987, Washington County Deed Records, with
the Southerly line of that parcel recorded as Recorder's Fee No. 85021966 on June
14, 1985, Washington County Deed Records; thence tracing the Southerly line of said
Recorder' s Fee No. 85021966 parcel along the following courses and distances; East,
34 .36 feet; thence North 80°48' 00" East, 174 .50 feet; thence North 36°34' 06" East, •
10.00 feet; thence North 89°31' 21" East, 118 .00 feet to the Southeast corner of said
Recorder' s Fee No. 85021966 parcel; thence leaving said Recorder's Fee No. 85021966
boundary, North 89°31'21" East, 70.78 feet; thence North 52°09' 56" East, 36.36 feet;
thence North 00°30' 00" West, 30.22 feet; thence North 89°29' 03" East, 156.93 feet;
thence South 49°12' 44" East, 24.85 feet to the center line of SW Mapleleaf Street,
County Road No. 1508 and a point of non-tangent curvature; thence Southwesterly
along the arc of a 320.00 foot radius curve right (the radius point of which bears
North 50°32'40" West) through a central angle of 06°22' 37" , 35.62 feet (chord bears
South 42°38' 38" West, 35.60 feet) to the point of curve left of a 487.28 foot radius
curve; thence along the arc of said curve left through a central angle of 41°53'00" ,
356.20 feet (chord bears South 24°53'27" West, 348 .33 feet) to the Southerly line of
TOWN OF METZGER; thence South 89°29'28" West along said Southerly line, 1.54 feet to
the Easterly line of that parcel recorded as Recorder' s Fee No. 87063789 on December
31, 1987, Washington County Records; thence South 00°36' 19" East along said Easterly
line, 37 .05 feet; thence South 89°35' 05" West 153 .48 feet; thence North 45°30'00"
West, 63 . 14 feet to an angle point in the Northerly line of said Recorder's Fee No.
87063789 parcel, which angle point is in the center line of that unnamed, vacated
street adjoining the Southerly line of said TOWN OF METZGER; thence tracing the
Northerly line of said Recorder' s Fee No. 87063739 parcel along the following
courses and distances: North 45°30' 00" West, 119.38 feet; thence North 00°30' 00"
West, 39 .65 feet; thence South 80°44' 00" West 139.65 feet to the Northwest corner of
said Recorder' s Fee No. 87063789 parcel which corner is on the Westerly line of that
parcel recorded as Recorder' s Fee No. 87052027 on October 14, 1987, Washington
County Deed Records; thence tracing said Westerly line along the following courses
and distances: North 00°36' 19" West along a line which is parallel to and 20.00 feet
Westerly of, when measured at right angles to, the East line of the West 100 feet of
Lot 7, ASHBROOK FARM, (extended Northerly) 23 .93 feet; thence North 24°33'22" West,
75.35 feet to a point of non-tangent curvature on the Easterly line of said
Recorder' s Fee No. 87033598 parcel; thence tracing said Easterly line along the
following courses and distances: Northeasterly along the arc of a 134.60 foot radius
curve left (the radius point of which bears North 29°40' 10" West) through a central
angle of 02°04' 11" West 4 .86 feet (chord bears North 59°17'44" East, 4.86 feet)• to
the point of curve left of a 112.00 foot radius curve; thence along the arc of said
curve left through a central angle of 45°10' 52", 88.32 feet (chord bears North
35°40' 11" East 86.05 feet) to the point of beginning.
•
PARCEL III: •
A parcel of land in the Northeast one quarter of Section 35, Township 1 South, Range
1 West, Willamette Meridian, in the City of Ticard, County of Washington and State
of Oregon, said parcel being more particularly described as follows:
Commencing at the Northeast corner of that parcel recorded as Recorder' s Fee No.
(Continued)
87033598 on June 30, 1_ . , Washington County Deed Recorb':,, tuence South 00°30' 00"
East along said Easterly line, 225.4 feet to the true point of beginning of the
parcel herein described; thence North 89°28' 50" East, 129. 13 feet; thence North
80°47' 21" East 211 .59 feet; thence South 00°30' 38" East, 16. 16 feet; thence South
45°00' 00" East, 56 .78 feet; thence North 89°30' 00" East, 272. 02 feet to a point of
non-tangent curvature; thence Southwesterly along the arc of a 320.00 foot radius
curve right (the radius point of which bears North 66°30' 36" West) through a central
angle of 15°57' 56" , 89. 17 feet (chord bears South 31°28'22" West, 88.88 feet) to the
center line of SW Mapleleaf Street, County Road No. 1508; thence North 49°12'44"
West 24 . 85 .feet; thence South 89°29' 03" West, 156.93 feet; thence South 00°30' 00"
East, 30 .22 feet; thence South 52°09'56" West 36.36 feet; thence South 89°31'21"
West, 70.78 feet to the Southeast corner of that parcel recorded as Recorder's Fee
No. 85021966 on June 14, 1985, Washington County Deed Records; thence tracing the
Southerly line of said Recorder' s Fee No. 85021966 parcel along the following
courses and distances : South 89°31' 21" West, 118 .00 feet; thence South 36°34' 06"
West, 10 .00 feet; thence South 80°4.8' 00" West, 174 .50 feet; thence West 34 .36 feet
to a point of non-tangent curvature on the Easterly line of said Recorder' s Fee No.
87033598 parcel ; thence tracing said Easterly line along the following courses and
distances: Northeasterly along the arc of a 112.00 foot radius curve left (the
radius point of which bears North 76°55' 15" West) through a central angle of
13°34' 45" , 26.54 feet (chord bears North 06°17'23" East, 26.48 feet) ; thence North,
00°30' 00" West, 143 .59 feet to the true of point of beginning.
PARCEL IV:
A parcel of land in the Northeast one quarter of Section 35, Township 1 South, Range
1 West, Willamette Meridian, in the City of Tigard, County of Washington and State
of Oregon, said parcel being more particularly described as follows:
Beginning at the Northwest corner of that parcel recorded as Recorder's Fee No.
87063789 on December 31, 1987, Washington County Deed Records; thence tracing said
Northerly line along the following courses and distances: North-80°44'00" East,
169.65 feet; thence South 00°30' 00" East, 39.65 feet; thence South 45°30' 00" East,
119.38 feet to an angle point in said Northerly line, which angle point is in the
center line of that unnamed, vacated street adjoining the Southerly line of TOWN OF
METZGER; thence leaving .said Northerly line South 45°30' 00" East, 63 . 14 feet; thence
North 89°35' 05" East, 158.48 feet to the Easterly line of said Recorder's Fee No.
87063789 parcel; thence tracing the Easterly, Southerly and Westerly boundaries of
said Recorder' s Fee No. 87063789 parcel along the following courses and distances:
South 00°36' 19" East, 127.76 feet; thence South 89°34' 11" West, 9.96 feet; thence
South 00°36' 19" East, 120.00 feet to a point which is 30.00 feet Northerly of, when
measured at right angles to, the center line of SW Oak Street; thence South
89°34' 11" West parallel to said center line, 425.00 feet to the East line of the
West 100 .00 feet of Lot 7, ASHBROOK FARM; thence North 00°36' 19" West along said
East line, 292.08 feet to the center line of said unnamed, vacated street adjoining
TOWN OF METZGER; thence South 89°29' 28" West along said center line 20. 00 feet to a
point 20 .00 feet West of, when measured at right angles to the East line of the West
100.00 feet to said Lot 7, ASHBROOK FARM (extended Northerly) ; thence North •
00°36' 19" West along the Northerly extension of a line parallel to and 20.00 feet
West of, when measured at right angles to the East line of the West 100.00 feet of
said Lot 7, ASHBROOK FARM, 98 .25 feet to the point of beginning. .
(Continued)
PARCEL V:
A parcel of land in the Northeast one quarter of Section 35, Township 1 South, Range
1 West, Willamette Meridian, in the City of Tigard, County of Washington and State
of Oregon, said parcel being more particularly described as follows:
Beginning at the Northeast corner of that parcel recorded as Recorder's Fee No.
87033598 on June 30, 1937, Washington County Deed Records; thence North 89°30'00"
East along the Northerly lines of Blocks 8 and 9, TOWN OF METZGER, 338 .25 feet;
thence South 00°30' 38" East, 193 .32 feet; thence South 80°47'21" West 211.59 feet;
thence South 89°28'50" West, 129 . 13 feet to the Easterly line of said Recorder's Fee,
No. 87033598 parcel; thence North 00°30' 00" West along said Easterly line, 225.41
feet to the point of beginning.
PARCEL VI :
A parcel of land in the Northeast one quarter of Section 35, Township 1 South, Range
1 West, Willamette Meridian, in the City of Tigard, County of Washington and State
of Oregon, said parcel being more particularly described as follows:
Commencing at the Northeast corner of that parcel recorded as Recorder' s Fee No.
87033598 on June 30, 1987, Washington County Deed Records; thence North 89°30' 00"
East along the Northerly lines of Blocks 8 and 9, TOWN OF METZGER, 338 .25 feet to
the true point of beginning of the parcel herein described; thence North 89°30'00"
East along the Northerly lines of Blocks 7 and 8, TOWN OF METZGER, 339.42 feet to
the Northeast corner of said Block 7; thence South 00°32'04" East along the Easterly
line of said Block 7, 119.68 feet to the point of curve right of a 320.00 foot
radius curve; thence along the arc of said curve right through a central angle of
24°01' 28", 134.18 feet (chord bears South 11°20' 40" West, 133.20 feet) ; thence South
89°30' 00" West, 272.02 feet; thence North 45°00' 00" West, 56.78; thence North
00°30' 38" .West, 209.48 feet to the true point of beginning.
PARCEL VII :
Parcels 1, 2 and 3, PARTITION PLAT 1991-055, in the County of Washington and State
of Oregon.
PARCEL VIII:
Together with appurtenant easements as set forth in that certain Memorandum of Real
Estate Agreement recorded November 7, 1979 as Recorder's Fee No. 79045910 and as
modified by Modification thereof recorded December 30, 1982 as Recorder's Fee No.
82034219 and as modified by certification and agreement as to Memorandum of Real
Estate Agreement recorded July 23, 1990, as Recorder's Fee No. 90-38655.
•
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CHICAGO TITLE INSURANCE COMPANY
N Map number 1 S 1 3S /elJ
This plat is for your aid in locating
your land with reference to streets and
others parcels. While this plat is
believed to be correct, the company
assumes no liability for any loss
occurring by reason of reliance
thereon.
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ARCHITECTS VAN LOM+COMPANY
January 3, 2003
City of Tigard
Community Development
13125 SW Hall Blvd.
Tigard, OR. 97223
RE: Minor Modification Application— APPLICANTS STATEMENT
Director of planning:
Sir, please see the following detailed response to the criteria listed on the Minor
Modification Type 1 Application (attached):
1. An increase in dwelling unit density or lot coverage for residential development.
A. This application is for a small expansion/remodel of a vacant restaurant building,
and is non residential.
2. A change in the ratio or number of different types of dwelling units.
A. This application is for a small expansion/remodel of a vacant restaurant building,
and is non residential.
3. A change that requires additional on-site parking in accordance with chapter 18.765.
A. It is consistent with this development to consider the parking requirements for the
entire adjacent Lincoln office center and the other restaurant, Red Lobster, Along
with this application for a future Gustav's Bavarian Pub and Grill.With a total office
space of 708,911 SQ.FT. And total restaurant space (2 restaurants)of 17,050 SQ.FT.
Requires 2174 stalls. Currently the complex provides 2369 stalls, 195 stalls more than
required. With a restaurant expansion of 612 SQ. FT. the total additional stalls
required per chapter 18.765 (15.3/1000 sq.ft.) Is 9.3 or 10 stalls. Required parking is
well below the existing number of stalls.
4. A change in the type of commercial or industrial structures as defined by the uniform
building code.
A. This application is for a small expansion/remodel of an existing vacant restaurant
building. There will be no change in the type of construction
ARCHITECTS VAN LOM i-COMPANY, ALA, PC
34 NW FIRST, SUITE 309 PORTLAND, OR 97209
503.226.0590 PHONE 503.273.8649 FAX
architects @vanlom.com EMAIL
f
ARCHITECTS VAN LOM+COMPANY
5. An increase in the height of the building by more than 20%.
A. There will be a minimal area at the main building entrance where the building
height will increase, but not above the existing building height.
6. A change in the type and location of accessways and parking areas where off-site traffic
would be affected.
A. There will be no change to the existing accessways and parking.
7. An increase in vehicular traffic to and from the site and increase can be expected to
exceed 100 vehicles per day.
A. A 612 SQ Ft expansion would generate approximately 10 additional trips per day.
8. An increase in the floor area proposed for non residential use by more than 10%
excluding expansions under 5000 SQ FT.
A. The proposed area increase is 612 SQ FT., well below 5000 SQ FT
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 area by more than 10%
A.The proposed area increase is 612 SQ FT is a build-out of an existing outdoor patio
space and has not been considered common open space.
10. A reduction of project amenities(recreational facilities,screening,and/or, landscaping
provisions) below the minimum established by the code or by more than 10% where
specified in the site plan.
A. There is no reduction in project amenities
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.
A. N/A
Thank you
Thomas W. Louris
Project Manager
Architects Van Lom + Company