MMD2003-00006 MMD2003 00006
COMMUNITY OF
CHRIST CHURCH
111, 1
CITY OF TIGARD
March 18, 2003 OREGON
Community of Christ Church
Attn: Ann Short
5321 Windsor Terrace
West Linn, OR 97068
RE: Sanctuary Addition - Minor Modification Request, Case File No. MMD2003-00006
Dear Ms. Short:
This letter is in response to your request for a Minor Modification (MMD2003-00006) of the
existing Community of Christ Church building located at 13855 SW Pacific Highway, WCTM
2S103DD, Tax Lot 00900. You have requested a small expansion of the church along with
associated facade 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 1900 additional square feet of sanctuary space,
with no net increase in required parking. The reason for this is, even though the size of
the sanctuary will increase by 490 square feet the number of seats within the sanctuary
is not going to change. Since the parking for religious institutions is based on the
number of seats in the main sanctuary, no additional on site parking is required.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 •;:- :
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's plans indicate that the existing building is 18'6" in height. The proposed new
addition, at the high point will be 22' or an 18.9% increase. 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. Three parking spaces will be relocated and landscaping will be slightly
increased, but off site traffic will not be affected. Therefore, 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 congregation size will not be increased. The proposed
modification is to allow the construction of a more suitable sanctuary space for the
existing church. 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 1,900 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 and will slightly increase landscaping by removing the
circular driveway presently located at the front of the building. This driveway served as a
drop off for the prior school use, but has no current function. The site presently exceeds
the 15% landscaping requirement, 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 modification
will not impact any of the conditions of approval for the original SDR38-79.
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.
Page 2 of 3
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.
Sincerely,
organ Tracy
Associate Planner
\\tig333\usr\depts\curpin\morgan\workspace\mmd\mmd2003-00006(community of christ church).doc
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Page 3 of 3
47 v* -q--dc)
MINOR MODIFICMlION
t �, TYPE I APPLICATION
'I 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
CITY OF TIGARD 9
GENERAL INFORMATION �' �f
Property Address/Location(s): /32'S-S- 5 i .7%/20//e.
/(eoj .
Tax Map & Tax Lot#(s): &S/9 ' 17 D DD qa0 FOR STAFF USE ONLY
aoC�3-000(. k:
Site Size: • g/ a6 Case No.(s): IV1 10 D .eA
Applicant*: �i,7/rl £1 ,/ /y Dl. eiil/YS f" C kireA Other Case No.(s): ?RE aa'a
Address(scnd Mal•-to:? 5321 GO!ridgy r 1 ru-ekce- Receipt No.: q,.-,o3- IOoCa
City/State: W s-E L. IA. el O P Zip: ' 7O e 8 Application Accepted By: 0,Choe.L---
Primary Contact: Ayty1 Shy'+ Date: 3 - /y - 03
Phone: -, 3.., 7 -qq p1' Fax:5O3-6$6-62./5'
Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete:
COwi rv'ut_;/1 tit e
4.
,,11.,,.(s-1-- Rev.7/22/2002 i\curpin\masters\revised\minormod.mst
Address:"? .O.-156X. el34GZ Phone:503-684 4 20
City/State: "f'ila rd b e Zip: er1 Z$ I
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. 2 Application Form
PROPOSAL SUMMARY ❑ Owner's Signature/Written Authorization
The owners of record of the subject property request permission for a Q' 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 12' 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 2 Site/Plot Plan (reduced 81/2"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 � pP ( p )
Modifications are processed in the same manner as a new Site (Addressing Criteria Under Section 18.360.050(B)
Development Review. In a separate letter, please address the 0 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 18.765. standards of the applicable zoning district. To
4. A change in the type of commercial or industrial structures as defined by the Uniform Building (ode. 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
7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 landscaping standards. Other applicable
vehides 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.
I I. 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.
(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 /11.4"- day of ,20 03
,),;/%79 /1— •
Owner's Signature � wner's Signature"py Owner's Signature Owner's Signature
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CITY OF TIGARD 3/14/2003
1 A 13125 SW Hall Blvd. 2:51:37P'M
'7' „{.. ;, Tigard,Oregon 97223
r .11. (503) 63 9-4 17 1 • .
Receipt #: 27200300000000001006
Date: 03/14/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
MMD-00005 [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" I
Check TUALITY COMM CH OF CHRIST CAC 2121 In Person 435.00
Payment Total: $435.00
Page 1 of 1 cReceipt.rpt
PROPOSAL FOR ADDITION OF SANCTUARY
FOR
TUALITY COMMUNITY OF CHRIST CHURCH
Tuality Community of Christ Church proposes the addition of a 1900 square foot
sanctuary to be erected at the front of its existing building at 13855 SW Pacific Highway
in the City of Tigard.
Previous communication with City of Tigard: We have enclosed notes from a previous
pre-app meeting with the City of Tigard dated 4/12/02 for your reference on this project.
This is the third and final stage of TCC's remodel of the former day building into a
church. To date TCC has completed Change of Use and Code Compliance requirements
for conversion to a church. A current building permit is issued for conversion of a former
swimming pool to usable rooms.
Building Usage: The new sanctuary will replace the room at the rear of the building as
the sanctuary for worship services. The 1410 sq. ft. room at the rear of the building will
be used for dinners and social activities. The two rooms will not be used at the same
time. Classroom usage will remain the same.
Congregation Size: Request for the addition of a chapel does not reflect a change in the
congregation size, rather a desire to build a sanctuary more conducive to the worship
experience.
Building appearance: The front of the new sanctuary will extend 38' from the front of
the existing building. Height of the existing building is 18' 6"'. The new building height
will be 22'.
The exisiting siding style of 6' beveled cedar siding will be continued on the sides of the
new structure. The front of the structure will show four windows arranged around a
cross. They will have a stained glass appearance. The north and south sides of the new
structure will have two 8'arched windows,also with stained glass appearance.
The building will have a double door entrance on the south side. A 6' sidewalk will
approach the building under a covered porch roof..
Parking: TCC has a perpetual reciprocal parking agreement with the owners of Gaarde
Plaza shopping center. (See enclosed agreement) This agreement gives TCC access to a
total of 74 parking spaces. The new structure will displace the three parking spaces
directly in front of the existing building. TCC proposes to restripe the parking spaces
along the south side of its property to regain 2 of these spaces. TCC also proposes to add
6 parking spaces along the planting bed to the west of the existing building
.
Relocation of existing utilities. TCC has contacted PGE and will pay for and work with
PGE to relocate the transformer which will be displaced by the new structure. We have
enclosed a letter from PGE reflecting this arrangement.Note new location per site plan.
Landscaping: Areas currently covered by asphalt as part of the circular drive at the front
of the building will be converted to landscaping to enhance the beauty of the new
structure and maintain the necessary percentage of landscaped areas.
We are requesting in this pre-approval appointment, that the City of Tigard review this
proposal and determine if it is consistent with the City codes, what specific elements
TCC will need to add to the building to make it code compliant, and whether, based on
current information,the City will allow erection of this structure.
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Washington County,Oregon
to104t200411:38:28AM 2-116608
11 ,u" „,�..,.,,„...
DOW CntH ttMtta D MOANNA
Transnation' 815.00 a.00 tn.00>wa.00•toesetTr�.oa
After Recording, Return to: W111111111 1IIIIIII11 I IIII iIINI�
Community of Christ LJ•nrwnsen,dnearmsunsm.K end Taxation ,.f,,,,
ens Is-Onicla County Clore rer Wahtnptsn Caw*, 4,1, .,...1.
1001 W. Walnut Street aen.nsyensytnnu.eesxin.ennemau.r+ns f.is�
Independence, MO 64050 3562
Will eM recorded In,,M,�,e'e MDrncerM e/ r'° S"
•
Jerry R Neneen.DineterlMss. mess and Te.eaen, .in;;,,'..
Until a change is requested, tax statements : hant.te came/cted
shall be sent to the following address: .•
Community of Christ .
13855 SW Pacific Hwy' .
\ Tigard, OR 97233
STATUTORY WARRANTY DEED .
(Corporation/Partnership)
(Above Space Reserved for Recorder's Use)
(\i") D.W. Sivers Co., an Oregon corporation
conveys and warrants to
m Reorganized Church of Jesus Christ of Latter Day Saints, an Iowa corporation, dba
Z Community of Christ
Cd the following described real property in the State of Oregon and County of Washington
g free of encumbrances, except as specifically set forth herein:
d' 2
z
°I AS PER EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
pp
•*r" WASHINGTON COUNTY
�_.-.��t R jr
Tax Account Number(s) : 2S1 3DD TL 900 r`:•/ ` � �u
..,.�,,.., ; $ (Dante- +- .
This property is free of encumbrances, EXCEPT: 4 r,•'':.re'' fEEPA1D DATE
Lr,,tt.0'
AS PER EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
The true consideration for this conveyance is $690,000.00
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA-
TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU-
MENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY
OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAW-
SUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
DATED this 3 day of ( _ JOZT, 2002.
D.W. Sivers Co.
an Oregon
By: & uI O S PA
Dennis Sivers
President
STATE OF OREGON, COUNTY OF Multnomah)ss.
The foregoing instrument was acknowledged before me this -•3 day of October, 2002, by
Dennis Sivers, as President, of D.W. Sivers Co., on behalf of the corporation.
�+ r OFFICIAL SEAL
+rry►t•,_ MARGARET M UEAONK
Not C,4170/
ublic for Oregon ..1 NOTARY PUBLIC-OREGON
My ssion Expires: ,�7f=d.3 "'� COMMtSSIONN0308873
sv COMMISSION EXPIRES MAR 18,2003
Order No. : 1230591w
Weddle & Associates, Inc. r '- s D
Professional Land Surveyors PROFESSIONAL
1750 S.W.Skyline Blvd.,Sulu 105 •■ ei
Portland Oregon 97221 _�i�/"
.tk�oocfa
S,an, OFFICE(503)292-8083 - TOLL FREE(888)222-8083
,'�°' ��o FAX (503)292-0938 ._
JULY 11.x100
r` �w
UYOPg
s0C ATE5 EXHIBIT A jrPo/L+E. ma= 31.Pcb3
September 23,2002
Job No. 343 ITRACT2
TRACT 2
LEGAL DESCRIPTION:
A tract of land in the Southeast Quarter of Section 3,Township 2 South, Range 1 West of
the Willamette Meridian, City of Tigard, County of Washington and State of Oregon,
being a portion of those lands described in Parcel II, Document No. 99073900,
Washington County Deed Records, more particularly described as follows:
Beginning at the Southeast corner of Lot 22, GAARDE PARK, a duly recorded
subdivision in Washington County; thence along the South line of Lots 22, 21, 20, and 19
of GAARDE PARK, North 89°42'00" West, 190.06 feet to the Northeast corner of Lot
16, GAARDE PARK; thence along the East line of Lots 16 and 15 thereof South
00°27'30" West, 90.00 feet; thence South 89°42'00" Fast, 366.90 feet to the
Northwesterly right of way line of SW Pacific Highway (Highway 99W), being 40.00
feet from the centerline thereof; thence along said Northwesterly right of way line North
33°57'00" East, 108.12 feet to the Northeast corner of said Parcel II; thence along the
North line thereof North 89°42'00" West, 13.78 feet; thence leaving said North line
South 33°24'00" West, 59.32 feet; thence South 56°54'00" East, 2.10 feet; thence South
33°24'00" West, 2.00 feet; thence North 56°54'00" West, 9.20 feet; thence North
33°24'00" East, 2.00 feet; thence South 56°54'00" East, 6.60 feet; thence North
33°24'00" East, 59.00 feet; thence North 89°42'00" West, 222.12 feet to the point of
beginning.
Containing therein 0.820 acres,more or less.
RECE V D
FINAL APPROVAL SEP 2 4 2002
CITY OF TIGARD PLANNING DIVISION C..7 L r I -1.
BY 47 DATE 9/;1 /°L
°Z
2002-116608
, • .
I
2902-116888
EXHIBIT B
1. 2002-03 Taxes not yet payable
2. Powers of Clean Water Services district
3. Easements and limited access provisions as created by instrument recorded
June 26, 1952 in Book 3343 page 130 in favor of State of Oregon by and
through its State Highway Commission for Slopes
4. Terms of the Recriprocal Easement Agreement as executed by the parties
and recorded concurrently hereto.
After recording return Imo III
III
DW Sivers Co.
4730 SW Macadam Ave. Sul_ 101 111iii1
Portland, OR 97201 2802_116609
RECIPROCAL EASEMENT AGREEMENT
DATED: September 30,2002
PARTIES: D W Sivers Company,an Oregon Corporation("Sivers")
AND: Reorganized Church of Jesus Christ of Latter Day Saints,an Iowa
Corporation registered to do business in Oregon("CoC")
3 RECITALS:
R-1. Sivers is the owner of the following described 1.114 acre parcel of real property situated in
Washington County,Oregon(hereinafter called"Parcel 1"):
PARCEL 1 :LEGAL DESCRIPTION
A tract of land in the Southeast Quarter of Section 3,Township 2 South,Range 1 West of the Willamette
Meridian,City of Tigard,County of Washington and State of Oregon,being all of Parcel I and a portion of
z Parcel II of those lands described in Document No.99073900,Washington County Deed Records,more
0 particularly described as follows:
Z Beginning at Southeast corner of Lot 22,GAARDE PARK,a duly recorded plat in Washington County;
Z w thence along the East line of Lot 22,Tract"D"and Lot 23,thereof North 00°27'30"East,213.38 feet;
thence South 28°4740"East,2.69 feet;thence South 77°30'21"East,60.20 feet;thence South 73°01'36"
East,267.87 feet to a point on the Northwesterly right of way line of SW Pacific Highway(Highway 99W),
being 40.00 feet from the centerline thereof;thence along said Northwesterly right of way line South
33°57'00"West, 145.91 feet to the Southeast corner of Parcel I,aforesaid;thence along the South line of
said Parcel,North 89°42'00"West, 13.78 feet;thence leaving said South line South 33°24'00"West,59.32
feet;thence South 56°54'00"East,2.10 feet;thence South 33°24'00"West,2.00 feet;thence North
56°54'00"West,9.20 feet;thence North 33°24'00"East,2.00 feet;thence South 56°54'00"East,6.60 feet;
thence North 33°24'00"East,59.00 feet;thence North 89°42'00"West,222.12 feet to the point of
beginning. Containing therein 1.114 acres,more or less.
R-2.CoC is the owner of the following described 0.82 acre parcel of real property situated in
Washington County,Oregon (hereinafter called"Parcel 2"):
PARCEL II: LEGAL DESCRIPTION:
A tract of land in the Southeast Quarter of Section 3,Township 2 South,Range 1 West of the
Willamette Meridian,City of Tigard,County of Washington and State of Oregon,being a portion
of those lands described in Parcel II,Document No.99073900,Washington County Deed
Records,more particularly described as follows:
Beginning at the Southeast corner of Lot 22,GAARDE PARK,a duly recorded subdivision in
Washington County;thence along the South line of Lots 22,21,20,and 19 of GAARDE PARK,
North 89°42'00"West, 190.06 feet to the Northeast corner of Lot 16,GAARDE PARK;thence
along the East line of Lots 16 and 15 thereof South 00°27'30"West,90.00 feet;thence South
89°42'00"East,366.90 feet to the Northwesterly right of way line of SW Pacific Highway
(Highway 99W),being 40.00 feet from the centerline thereof;thence along said Northwesterly
right of way line North 33°57'00"East, 108.12 feet to the Northeast corner of said Parcel II;
thence along the North line thereof North 89°42'00"West, 13.78 feet;thence leaving said North
line South 33°24'00"West,59.32 feet;thence South 56°54'00"East,2.10 feet;thence South
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33°24'00"West,2.00 feet;thence North 56°54'00"West,9.20 feet;thence North 33°24'00"East,
2.00 feet;thence South 56°54'00"East,6.60 feet;thence North 33°24'00"East,59.00 feet;thence
North 89°42'00"West,222.12 feet to the point of beginning.Containing therein 0.820 acres,more
or less.
R-3. Parcel 1 and Parcel 2 share access roads,parking lots,sidewalks,and utility lines.
R-4. The parties desire to provide easements to each other in connection with their ownership of
Parcels 1 and 2 to provide access,parking,and utility services subject to the terms and
conditions contained herein.
AGREEMENTS:
A-1 Incorporation of Recitals. The foregoing recitals are hereby incorporated.
A-2 Easements.
A-2-a. Easements from CoC to Sivers
CoC grants to Sivers an easement for ingress,egress,parking,and pedestrian
access that shall include its tenants,employees,invitees,visitors,assignees,and
licensees for the purpose of vehicular and pedestrian access to Parcel 2 and the
improvements now or hereinafter situated on Parcel 2 and for temporary parking
in designated parking spaces in connection with business uses,and for all other
legal purposes connected with the use of Parcel 1,to pass,and re-pass,along and
over all driveways,roadways,parking lots and sidewalks,and to park
temporarily in designated parking spaces,now existing or hereinafter constructed
on Parcel 2. Additionally,CoC grants to Sivers an easement for surface drainage
and all utility lines and pipes over,under and across Parcel 2 where the same are
now situated for the purpose of,including,but not limited to,providing water,
sanitary sewer,storm sewer,electricity,telephone,gas,and cable service
(collectively"utility services")to Parcel 1.
A-2-b. Easements from Sivers to CoC
Sivers grants to CoC an easement for ingress,egress,parking,and pedestrian
access that shall include its tenants,employees,invitees,visitors,assignees,and
licensees for the purpose of vehicular and pedestrian access to Parcel 1 and the
improvements now or hereinafter situated on Parcel 1 and for temporary parking
in designated parking spaces in connection with business uses,and for all other
legal purposes connected with the use of Parcel 2,to pass,and re-pass,along and
over all driveways,roadways,parking lots and sidewalks,and to park
temporarily in designated parking spaces,now existing or hereinafter constructed
on Parcel 1. Additionally,Sivers grants to CoC an easement for surface drainage
and all utility lines and pipes over,under and across Parcel 1 where the same are
now situated for the purpose of,including,but not limited to,providing water,
sanitary sewer,storm sewer,electricity,telephone, gas,and cable service
(collectively"utility services")to Parcel 2.
A-3 Definition of Common Areas. "Common Areas"as used herein shall mean all of Parcels 1
and 2 that are not improved with a structure.
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2002-116609
IIIIIllhI.II1I
2002-116809
A-4 Easement to Run with the Land These easements shall run with the land and shall be
binding on the parties,their successors and assigns.
A-5 Scope of Easements. The foregoing easements are non-exclusive.
A-6 Shared Costs The parties agree that Sivers shall contract for the following work with respect
to the Common Areas and shall pay 58.163%of the cost thereof. CoC shall pay 41.837%of the
cost thereof within 20 business days of receipt of an invoice thereof,or,at Sivers discretion,CoC
shall pay an estimated monthly cost that shall be reconciled not less than once yearly,refunding
any overpayment or collecting any underpayment. In the event that Sivers does not timely
contract for work necessary for the proper repair,maintenance and upkeep of the Common Areas,
CoC shall provide a thirty(30)day written notice of the necessity of such repair,maintenance,
and upkeep. Upon receipt of such notice, if Sivers does not contract for said work within the
required thirty days,CoC shall have the right to contract for said work and,upon providing Sivers
with documentation acceptable to Sivers confirming said work,collect 58.163%of the cost
thereof within twenty(20)days of receipt of invoice and said documentation by Sivers.
A-6-a Parking lot sweeping
A-6-b Parking lot illumination,if jointly metered.
A-6-c Repairs of common utility lines.
A-6-d The costs of striping,maintaining and replacing those portions of the driveways,
roadways,parking areas, sidewalks,and surface drainage systems over the
respective easements herein granted,together with the cement approach and any
sidewalk forming a part of said driveway and over which same extends.
A-6-e Landscaping costs,including irrigation water,for parking lot plantings.
A-7 Separate Costs The parties agree that each party shall contract for the following work with
respect to the Common Areas separately and assume the cost thereof.
A-7-a. Liability insurance for its portion of the Common Areas. Each party at its own
cost and expense, shall maintain at all times a policy of Commercial General
Liability insurance on its own parcel. Each party acknowledges that it holds the
primary responsibility for its own employees,invitees,visitors and guests.The
initial amount of such insurance shall be at least$2,000,000,and shall be subject
to periodic increase based upon inflation,increased liability awards,
recommendation of professional insurance advisers,and other relevant factors.
Said policies shall be on Insurance Services Office,Inc.(ISO)form CG 0001
0196 or an equivalent occurrence-basis Commercial General Liability insurance
policy form and shall be with companies having a policyholders'rating of no less
than"A" in the most current edition of Best's Insurance Reports. Each party
shall deliver to the other a certificate of insurance giving evidence of Insurance
(in form ACORD 25). This certification shall state that the coverage shall not be
canceled or materially changed without 30 days advance written notice from
either party to the other.
A-7-b. Landscaping cost for its portion of the Common Areas
A-8 Prior Easements. These easements are granted subject to all prior easements of record.
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1[1111
•
2662-1166ee
A-9 Security Interest. Neither party shall be required to subordinate its interest in this
Agreement to any mortgage or security interest.
A-10 Notices. All required notices under this Agreement shall be in writing and shall be
personally delivered or sent by certified mail,return receipt requested,postage prepaid.
Notices to Sivers shall be delivered to
D W Sivers Co.
4730 SW Macadam Ave.,Suite 101
Portland,OR 97201
Phone: (503)223 2680
FAX: (503)223 2750;
notices to CoC Shall be delivered to:
Legal Services
Community of Christ
1001 West Walnut
Independence,MO 640SB
Phone: (816) 833 1000 x2230
FAX: (816)521 3099;
with duplicate notices to be sent to:
Community of Christ
13855 SW Pacific Hwy.
Tigard,OR 97223;
or to such other address as shall be provided,in writing, from one party to the other from
time to time. All notices shall be effective upon delivery or attempted delivery.
A-11 Severability. A determination by a court of competent jurisdiction that any provision of
this Agreement or any part thereof is illegal or unenforceable shall not cancel or invalidate
the remainder of such provision or this Agreement,which shall remain in full force and
effect.
A-12 Attorney Fees. In the event action is instituted to enforce any term of this agreement,the
prevailing party shall recover from the losing party reasonable attorney fees incurred in such
action as set by the trial court,and in the event of an appeal,as set by the appellate courts.
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.•
2802-116609
If either Party signs as a corporation,partnership,or other legal entity(collectively"entity"),
each of the persons executing this Agreement on behalf of said entity does hereby covenant and
warrant that said entity is duly authorized and existing,and has been,and is,qualified to do
business in the state of Oregon,that the entity has full right and authority to enter into this
Agreement,and that each and both of the persons signing on behalf of the entity were authorized
to do so.
D W Sivers Company, Inc. Reorganized Church of Jesus Christ of Latter
Day Saints
024/0/144
u/ t84A
Dennis W. Sivers,President Larry orris,Presiding Bishop
STATE OF Oregon )
)ss.
County of Multnomah )
The foregoing instrument was acknowledged before me this 3 day of_Cyr,2002 by
Dennis •. SQivle!rs /
Notary "� lic for Oregon
OFFICIAL seas
r4mmisNOZNARREGAxsepPRIRUETEBtsIC-ORECION CI NE1KfRK
COMWSSION ARzpp
STATE OF 7Y)/
)ss.
County of Z yl )
The f. -:oing instrument was acknowledged before me this 1 si day of((/ ,20(12,_by
• R. orris
•
' ' /4 /
Notary Publi!or 2
?.."Y.¢p c, PENNY L.EDWARDS
Jackson County
z. Notary•. ._
Seal:� My Expires
June 18,2003
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f —
W""tngt 'n`",Oregon 2002-116609
10/04/2002 11:38:28 AM
D•A! Onto $tn■16 0 HOFFMAN
$30.00$6.00$11.00 •Tot*0147.00
IIIIHIII II I I VIII IVII
00176986200201188090080089
I,JSny Henson,Director of Assessment and Taxation •.in.:
and Ex-Officio County Clerk for Washington County,
do hereby certify that the within Instrument of wetting • � •
was recelved and recorded In the be of records of ;,;,; '•;1
mild courtly.
Jerry R Hanson.Director saesament and Taxation,
Ex• itido County Clerk
COMMUNITY OF CHRIST
Hours of Operation and Usage Definitions
SUNDAYS
Hours Activity Room Usage
9:30— 10:30 a.m. Christian Education classes 5 existing classrooms
10:30 am— 12:00 pm Worship Service Sanctuary
12:30—3:00 pm, Dinners and social activities Fellowship Room
occasional Sundays
Average church attendance in past two years: 80—85
WEEKDAYS
Occasional day time hours Office work/ 1 -2 people 1 classroom
7:00—9:00 pm Choir practice and meetings 2 classrooms
2 -3 evenings per week Average attendance-20