MMD2004-00008 MMD2004 00008
HALAL MEAT &
MEDITERRANIAN
FOOD
Ai
March 31, 2004 CITY OF TIGARD
OREGON
Mustafa Elogbi
11608 SW 31st Court
Portland, OR 97219
Dear Mr. Elogbi:
This letter is in response to your request for Minor Modification (MMD2004-00008) approval for a change of
use from an indoor entertainment establishment to a 5,480 square foot retail establishment for groceries
and deli items. The site is located at 11505 SW Pacific Highway, and is described as WCTM 1S136AD-
04000.
The Tigard Community Development Code (TDC), Site Development Review Section, states; "if the
requested modification meets any of the major modification criteria, that the request shall be reviewed as a
new Site Development Review application."
Section 18.330.020.B.2 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.
According to the information provided, there are 146 parking spaces for the shopping center, and
the Burger King next door. The applicant maintains that both parcels are owned by the same
owner and share parking. Considering that the retail spaces and vacant spaces would require
approximately 79 spaces (3.7 spaces per 1,000SF @ 21,532 square feet), that the office tenants
would require 28 spaces (2.7 spaces per 1,000SF @ 11,489 square feet), and that the medical
office tenants would require 8 spaces (3.9 spaces per 1,000SF @ 1,998 square feet) including
the proposed modification, there is no additional on-site parking required for this application.
This criterion is satisfied.
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 shell building is proposed.
The applicant is required to upgrade the tenant space, but it does not change the type of
structure for the entire building. Therefore, this criterion is not applicable.
5. An increase in the height of the building(s) by more than 20 percent. The building height
will not be increased as a result of this proposal.
6. A change in the type and location of accessways and parking areas where off-site traffic
would be affected. This request will not require a change in accessways or parking areas
where off-site traffic would be affected. Therefore, this criterion does not apply.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 '- -
7. An increase in vehicular traffic to and from the site and the increase can be expected to
exceed 100 vehicles per day. This modification is not expected to generate anymore vehicular
trips than what was forecasted for the existing facility. Therefore, this criterion is satisfied.
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. There is no increase in floor areas proposed
for this development. This standard is not applicable.
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 modification will not affect landscaping or
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 ten percent
where specified in the site plan. The addition will not reduce project amenities.
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 in Washington County file No. 77-19-D. The file is located on
microfiche with the Washington County Transportation and Land Services Division.
THIS REQUEST HAS BEEN APPROVED SUBJECT TO THE AFOREMENTIONED FINDINGS. PLEASE
SUBMIT A COPY OF THIS LETTER WITH YOUR PROPOSED MODIFICATIONS TO THE BUILDING
DEPARTMENT.
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. 2434.
Sincerely,
Brad Kilby, AICP
Associate Planner
c: 2004 Planning Correspondence file
Page 2 of 2
APPLICANT
MATERIALS
MINOR MODIFICATION
�
' ' `�� TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION L u t.,f
Property Address/Location(s): 1105- 50 P�.i ) iW 1
—I; ,�e 012— en/i3
Tax Map &Tax Lot#(s): 1 S I 3 6 AO / 600 FOR STAFF USE ONLY
Site Size: 2 .O 3 A c-re 5 Case No.(s): Wtrn p a 60L4 —6000
Applicant*: L( il�i .li Other Case No.(s):
Address: I
Receipt No.: bo(-I —l a-7(o
City/State: fay , M �it_ Zip: Application Accepted By: e-• Lit
t
Primary Cont-ct: t`o car- 6-O 3.7o9.122Z
Phone: SD R Z s
/ , g-6,(7/ Fax: cb3 r7723 s----7 Date: 3 - 3o- O(}
Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete:
E c( ,- i-es 11 Snr\; I'AN.
N 11 D D `O 61 1.45 Rev.2/28/2003 is\curpin\masters\revised\minorrnod.mst
Address: 3 W Dr- Phone: 3. d
City/State: e- Jelr(ar. , OA Zip: c3 }0r*.
*When the owner and the applicant are different people, the applicant REQUIRED SUBMITTAL ELEMENTS
must be the purchaser of record or a lessee in possession with written (Note: applications will not be accepted
authorization from the owner or an agent of the owner. The owner(s) without the required submittal elements)
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 ,�
The owners of record of the subject property request permission for a Owner's Signature/Written Authorization
Minor Modification. To review a modification as a Minor
Dr
Modification, the Director must first find that the expansion does not Title Transfer Instrument or Deed
invoke one or more of the 11 criteria discussed within Section EV Site Development Plan (3 copies)
18.120.070(B) of the Tigard Development Code. If the modification
exceeds the maximum allowed under any one or more of the Er Site/Plot Plan (reduced 8Yr'x 11")
following criteria, a Major Modification review is required. Major
Modifications are processed in the same manner as a new Site 4 Applicant's Statement(3 copies)
Development Review. In a separate letter, please address the (Addressing Criteria Under Section 18.360.050(B)
criteria below contained in Section 18.360.050(B) including a detailed
response to each criteria. El Filing Fee $446.00
1. An Increase in dwelling unit density or lot coverage for residential development. Jurisdiction: ❑ City ❑ Urb
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 Chapter 18.765. In addition, the Director must find that the
4. A change in the type of commercial or industrial structures as defined by the Uniform proposed change complies with the underlying
Building Code. standards of the applicable zoning district. To
5. An increase in the height of the building(s)by more than 20%. complete this review, the Applicant's proposal
6. A change in the type and location of accessways and parking areas where off-site must include a discussion indicating how the
traffic would be affected. site expansion will continue to comply with the
7. An increase in vehicular traffic to and from the site and increase can be expected to minimum setback, building height, parking land
exceed 100 vehicles per day. landscaping standards. Other applicable
8. An increase in the floor area proposed for a non-residential use by more than 10% requirements such as minimum Clear Vision
excluding expansions under 5,000 square feet. areas near driveways and street intersections
9. A reduction in the area reserved for common open space and/or usable open space may also be applicable depending on where
that reduces the open space area below the minimum required by this code or the building expansion is proposed to be
reduces the open space area by more than ten percent. constructed on 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.
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the"Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
property.
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found
that any such statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of ( �,_ , 20 �}
1 .
Ow er's Signatur-' Owner's Signature
Owner's Signature Owner's Signature
A CITY OF TIGARD 3/30/2004
13125 SW Hall Blvd. 11:33:25AM*
i . ,..,-,1 , Tigard,Oregon 97223
_ I (503) 639-4171 -
Receipt #: 27200400000000001276
Date: 03/30/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
MMD2004-00008 [LANDUS]Minor Modification 100-0000-438000 446.00
Line Item Total: $446.00
Payments:
Method Payer User ID Acct./Check Approval No. How Received Amount P:
Check HALAL MEAT& CAC 7166 In Person 446.00
MEDITERANEAN FOOD
Payment Total: $446.00
March 26, 2004
Minor Modification Type 1 Application
Criteria in Section 18.360.050 (B)
1. Not applicable no residential development and no increase in dwelling unit density
2. Not applicable no change in the ratio or number of different types of dwelling units
3. No changes that require additional on-site parking please see attached site plan and
report of current uses.
4. No change in the type of commercial or industrial structures as shown in Washington
County's microfilm 77-19-D.
5. No increase in the height of the building.
6. No changes in the type or location of accessways and parking areas.
7. Tenant anticipate vehicle traffic to be a maximum of 75 vehicles per day.
Tenant does not th daily vehicle traffic of the previous Tenant.
8. No increases in the floor area as a result of Tenant's use.
9. No reduction in the area reserved for common open space or usable open space that
reduces the open space.
10. No reduction of project amenities including recreational facilities, screening, and
landscaping.
11. No modifications to the condition imposed at the time of Site Development Review
approval that are not the subject of Criteria 1 through 10 above.
MAR.26.2004— 4:31Ph�T7r-R TITLE COMMERCIAL NO.042 P.22/23
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Pacific Terrace 11505 SW Pacific Highway; Tigard, OR 97223
0 ,-ecl
Address Tenant Use SF 1�ar.1c-'�� +S'e
11505A Shears Ahead Retail 2100 "� e� C)
11507 Images Nail Salon Retail 962
11507A PC Supply Retail 1789 •
11521 Cabinets Unlimited Retail 1040
11525 Fastsigns Retail 1864
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11527 Bear Printing Retail 1740 rpi
11529B Norbert Badowski (Hearing Aids) Retail 805
11535 SUBJECT Halal Meat and Mediterranean Food Retail 5480
Total Retail 15780
11505B Canada Drug Service Office 1050
11505C AllState Insurance Office 900
11511 Calvary Chuch of Tigard Office 2288
11513 Dayspring Ministries Office 2526
11515A Dayspring Ministries Office 1720
11531A Pacific Northwest Tax Service Office 940
11533 Laptop Training Solutions Office 1104
AIL 04
11529A State Farm Insurnace Office 961 apt
Total Office 11489
11505D Whole Per Veterinary Clinic Medical Office 1200 1c18
115078 Dr. David Shipley Medical Office 798
Total Medical Office 1998
11507D Vacant 2442
11509 Vacant 1560
11523 Vacant 1750
Total Vacant 5752
Total All Uses 35019
Parking Including Burger King +1- 146 spaces
Information gathered from sources deemed reliable square footages approximate
MAR.26.2004 4:25PM TICoR TITLE COMMERCIAL N0.042 P.2/23
. Washington (OR)
OWNERSHIP INFORMATION
Reference Farce! : 15136AD 04000
Parcel Number :R0279273 TRSQ :015 -01W -36 -NE -SE
Owner :Smith Edits M
CoOwner .
Site Address : SW Pacific Hwy Tigard
Mail Address ;833 NW 170th Dr Beaverton Or 97006
Telephone Owner Telephone Tenant
SALES AND LOAN INFORMATION
Transferred :04/2911999 Loan Amount
Document# :52276 Lender
Sale Price Loan Type
Deed Type Interest Rate
%Owned ; 100 Vesting Type .
ASSESSMENT AX INFORMATION
Measure 50
Mkt Land
51,193,760 Exempt Amount Assd Total:82,903.260
Mkt Structure : 52,361,330 Exempt Type
•
Other School District :Tigard
Mkt Total ; $3455,090 Levy Code :02381
%Improved :66 03-04 Taxes :$38,668.05
PROPERTY DESCRIPTION
Map Grid Class Code :R14
Census :Tract: Block;
NbrhdCd ;ZPHY MillRate : 16.6391
Sub/Plat ;Villa Ridge
Land Use ;2012 Com,Improved
Legal ;VILLA RIDGE,BLOCK 4,LOT PT 7,
;ACRES 2.03
•
Zoning .
PROPERTY CHARACTERISTICS
Bedrooms Lot Acres :2.03 Year Built
Bathrooms Lot SgEt :85,426 EffYearBlt :
Heat Method l smFin SF Floor Cover :
Pool BsrnUnfuiSF Foundation :
Appliances BsznLowSF Roof Shape :
Dishwasher Bldg SqFt Roof Mat!
Hood Fan 1 stFlrSgFt InttriorMat ;
Deck UpperFlSF Paving Matl ;
Garage Type Porch SqFt Const Type :
Garage SF Attic SqFt Ext Finish .
Deck SqFt
•
7he/ r 7//a!/aaPro v/dedZIDeemed/fe!/o6/eAdItNo/Caa/Tweed
MAR.26.2004_, 4:31PM_ TICnR TITLE COMMERCIAL NO.042 P.23/23
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ASSESSMENT PURPOSES ONLY i 'I 7t L `
i In
Po
10T RELY ON FOR ANY OTHER USE i
H� / / :gyp �� I,z
.
a.— f .
•
After all recording return to,
and until a change of address
is requested send all tax P /'
statements to Grantee's address:
��� � ��2��
Lois J. Portnoy
Attorney at Law
2727 N.W. Pinnacle Drive
Portland, Oregon 97229
WARRANTY DEED
AGA'S, L.L.C. , an Oregon limited liability company
("Grantor") , conveys and warrants to WOODROW SMITH and EDITA
SMITH (collectively, "Grantee") , the real property in Washington
County, Oregon, legally described on Exhibit A attached hereto
and made a part hereof, free of encumbrances except as
specifically set forth in Exhibit B attached hereto and made a
part hereof.
The true consideration paid for this conveyance is
$2,800, 000.00, which amount is paid by an accommodator as part of
Grantee's contemplated Section 1031 tax deferred like kind
exchange. THIS DEED IS BEING RECORDED IN FULFILLMENT OF PURCHASER'S OBLIGATION
UNDER CONTRACT RECORDED 12/27/95 AS FEE NO. 95095132, WASHINGTON COUNTY RECORDS.
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.
Dated this 27th day of December, 1995.
GRANTOR: AGA'S, L .C. , an Oregon limited
liabilitp comp:
ohn t . 1 orriaga -'anager
0078766.02
+ :; 1 . �� ti'� �titititititititititi�lti
� :3 OICIALSEAi
STATE OF OREGON ) . \, COTARYPUBLIC-OREGOR
ss. / COMMISSL ' NO.Oi6li4
County o 14494641Qh ) cSJUNE16, .996 '
The foregoing instrument was a know : . .ed before me
this 27th day of December, 1995 by John A. Elorri. , •s Manager
of AGA'S, L.L.C. , an Oregon limited lia/ity, omp. , o, behalf
of such limited liability company
/
•_I
"ary Pu: is for Oregon — 9
My Commissi. . .ires:
2 0078766.02
EXHIBIT B
TO
WARRANTY DEED
1. The herein described premises are within the boundaries of and
subject to the statutory powers, including the power of
assessment, of the Unified Sewerage Agency.
2. Rights of the public in and to any portion of the herein
described premises lying within the boundaries of S.W. 71st
Avenue.
3. Lease, including the terms and provisions thereof, as evidenced
by Memorandum:
From: George H. Killian
To: Stark H X Corporation, now known as Restaurant
Management Northwest, Inc. , an Oregon corporation
Dated: January 12, 1978
Recorded: September 26, 1979
Fee No. : 79039441
AFFECTS TAX LOT 4001 WITH EASEMENT RIGHTS OVER THE COMMON AREA
OF TAX LOT 4000
4. Financing Statement, including the terms and provisions thereof:
Debtor: Restaurant Management Northwest, Inc.
Secured Party: AT&T Commercial Finance Corporation
• Recorded April 22, 1992
Fee No. : 92027057
AFFECTS TAX LOT 4001 AND OTHER PROPERTY ALSO
5. Financing Statement, including the terms and provisions thereof:
Debtor: Cabinets Unlimited. Inc.
Secured Party: Commercial Equipment Lease Corporation
Recorded June 12, 1995
Fee No. : 95039971
The above Financing Statement was assigned by recital on the
face thereof
To: First Interstate Bank of Oregon, N.A.
Right; Title and Interest of Cabinets Unlimited, Inc. as
disclosed by Financing Statement recorded June 12, 1995 as Fee
No. 95039971.
Unrecorded leaseholds of tenants currently demising space on
the Property pursuant to written leases.
Any liens, claims or other encumbrances created by, through or under Woodrow
Sith and/or Edita Smith.
MAR.26.2004 4:25PM TIr^R TITLE COMMERCIAL Nn.042 P.5i22
I 016
Ita
1 „d�� LAND SALE CONTRACT
DATE: December 12, 1995
BETWEEN: AGA'S, L.L.C., an Oregon
limited liability company
P.O. Box 4412 - T31
g Portland, Oregon 97208 ("Seiler")
z' AND: WOODROW SMITH and
zr O 7DKincaid
Astoria, Oregon 97103 ("Buyer")
Pursuant to an Official Earnest Money Agreement dated
as August 15, 1995 (the "Purchase Agreement") , Seller has agreed
to sell and Buyer has agreed to purchase (i) the real property
C located in Washington County, Oregon commonly known as Pacific
Terrace Shopping center located at 11505 - 11539 S.W. Pacific
>s1 Highway, Tigard, Oregon and legally described in the attached
1-- $Xttibit a (the "Real ?ropsrty") , (ii) all improvements (the
C/3 "Improvements") owned by Seller located on the Real Property, and
(iii) Seller's interest in and to any and all leases affecting
the Real Property and Improvements (the "Leases") . The Real
Property, Improvements and the Leases are sometimes collectively
referred to hereinafter as the "Property." The parties wish to
enter into this Land Sale Contract (the "Contract") to provide
for Buyer's acquisition of the Property from Seller.
Agree
In consideration of the foregoing and the mutual
covenants of the parties set forth in this Contract, and for
other good and valuable consideration, the receipt and
sufficiency of which hereby are acknowledged, the parties agree
as follows:
1. purchase and Sele. Seller agrees to aell to Buyer, and
Buyer agrees to purchase from Seller, the Property for the price
and on the terms and conditions vet forth in this Contract.
2. Purchase Price and_Paymant.
2.1 Purchase Price. The purchase price for the
Property is TWO MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS
($2,800,000.00) (the "Purchase Price") .
- —•
t7A;HIND T O i COU►ITv
REAL AreOP£Rrr 1R dove 7.tx
V ;.1 F 1 21700
,po
y..�r- FEE PAID PATE 001(174,15
MAR.26.2004 4:26PM TIr^R TITLE COMMERCIAL N0.042 P.6/23
,
2.2 paymant of gymaa_price. Buyer shall pay the
Purchase Price to Seller as follows;
2.2.1 The sum of EIGHT HUNDRED FORTY THOUDAND
DOLLARS 0840,000.00) (the "Down Payment") has been paid and
receipt thereof is hereby acknowledged by Seller, which amount le
paid for by an acoommods or an part of a Section 1031 tax
deferred like kind exchange; and
2.2.2 The remaining balance of ONE MILLION NINE
HUNDRED SIXTY THOUSAND DOLLARS ($1,960,000.00) shall bear
interest from the data of this Contract until paid at the rate of
eight and thres.quartera percent (8.75%) per annum. Such
remaining balance and all accrued and unpaid interest shall be
due and payable in full (the "Repayment Date") an or before the
earlier of (i) the date which is forty-five (45) days after the
later of (a) the date the Oregon Department of Environmental
Quality ("DEQ") delivers a letter to Seller in which DEQ approves
of Seller's abatement plan (the "DEQ Approved Plan") with respect
to certain soil contamination and perched water on the Property
as of the date hereof, as more particularly described in a letter
dated December 15, 1995 from Transpacific Ltd. Environmental
services, a copy of which is attached hereto as Schedule 2.2.2
(the "Contamination") , and (b) the date the United states
National Bank of Oregon nu.S. Bank") approves of the DEQ Approved
Plane; (ii) the date U.s. Bank is prepared to fund the existing
loan commitment to Buyer in the approximate amount of One Million
Nine Hundred Sixty Thousand Dollars ($1,960,000.00) ; or (iii)
December 31, 1996. Prior to the Repayment Date, the unpaid
balance of the Purchase Price shall be paid in equal monthly
inntalltaente of principal and interest in the amount of Sixteen
Thousand One Hundred Fourteen Dollars and Two Cents (916,114.02) ,
with the first installment due on February 1, 1996 and with
subsequent installments due on the first day of each month
thereafter. on the date of this Agreement, Buyer shall pay an
amount equal to the interest that will accrue from the data
hereof through and including December 31, 1995. All payments
hereunder shall be made in immediately available funds to Seller
at the address set forth above or at such place as may be
designated by Seller.
2.2.3 Buyer may prepay all or any portion of the
unpaid principal and interest without penalty. Seller reserves
the right to require that any prepayment be in amount not less
than Twenty-Five Thousand Dollars ($25,000.00) . Any partial
prepayment shall not postpone the due date of any subsequent
installment or change the amount of such installments. All
prepayments shall be applied first to accrued but unpaid interest
to date, then to amounts due Seller under this Contract other
than principal and interest, then to the last installments due
under this Contract.
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MAR.26.2004 4:26PM TIr'^R TITLE COMMERCIAL N0.042 P.7i2 '
3. Qcssessim.
3.1 jlivery _of Possession. Buyer shall be entitled
to possession of the Property immediately upon the execution and
delivery of this contract, subject to the provisions of this
Contract and subject to the rights of third parties under
existing tenancies affecting the Property; provided, however,
that Seller and Seller's agents may enter upon the Property at
reasonable times for the purpose of inspecting the Property.
3.2 . Buyer shall
take possession of the Property subject to exist ng tenancies and
leases on the Property (the "Leases") . As long as Buyer is not
in default under this Contract, Buyer shall be entitled to
receive directly from any tenants on the Property all rents
coming due after the date this Contract is recorded in the real
property records of Washington County, Oregon. Concurrently
herewith, Seller and Buyer shall execute an assignment and
assumption agreement in the form attached hereto as $h ilet B
pursuant to which seller will assign to Buyer all of seller's
right, title and interest to the Leases and Buyer will assume and
agree to perform all obligations of the lessor under the Leases
from and after the date hereof. In the event Buyer is in default
under this Contract, Beller may notify the tenants to pay all
rents directly to seller, and all payments thereafter made by
such tenants to seller shall be binding upon Buyer and fully
credited against amounts owing by such tenants under their
Leases.
4. Taxes ena legi snenta. Buyer shall pay before
delinquency all taxes, assessments, impositions and similar
charges levied or assessed against the Property during the term
of this Contract not lees than ten (10) days prior to the date
such taxes, aesasements, impositions or similar charges are due.
Prior to the date such payments are due, Buyer shall provide
Seller with satisfactory evidence that such amounts have been
timely paid. In the event Buyer fails to pay any such taxes,
assessments, impositions or other charges, seller may, but shall
not be obligated to, pay the amount in question, which amount
shall thereupon be added to the unpaid balance of the Purchase
Price (with interest thereon) , and shall be due and payable upon
demand.
6. Liens and Encumbrancep. Buyer shall not suffer or
permit any lien or encumbrance, including, without limitation,
construction liens, to be imposed upon the Property during the
term of this Contract. In the event any lien or encumbrance is
imposed upon the Property, Buyer shall promptly take such steps,
including the payment of such amounts, as may be necessary to
remove such lien or encumbrance from the Property.
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6. rlaintengne . Buyer shall not permit all or any part of
the Im rovementa to be removed, demolished or materially altered
without Seller's prior written consent, which =went shall not
be unreasonably withheld or delayed. Buyer shall maintain every
portion of the Property and Improvements in good repair, working
order and condition, except for reasonable near and tear, and
shall, at Seller's election restore, replace, or rebuild all or
any part of the Improvements now or hereafter damaged or
destroyed by any casualty (whether or not insured against or
insurable) or affected by any condemnation. Buyer shall not
commit, permit or suffer any waste or deterioration of the
Property.
7. peeks and Records. Buyer shall keep complete and
accurate records and books of account with respect to the
Property and its operation in accordance with generally accepted
accounting principles consistently applied. Buyer shall permit
Seller and its authorized representatives to examine and make
copies or extracts of the records and books of account of the
Buyer with respect to the Property and the Improvements, all at
such reasonable times as Seller may select.
8. imitations Qf Use. Buyer shall not initiate, join in
or consent to any rezoning of the Property or any change in any
covenant or other public or private restrictions limiting or
defining the uses that may be made of all or any part of the
Property and the Improvements without the prior written consent
of Seller.
9. ifnurangei Indemnity.
9.2 Property and o her_Insuranq . Buyer shall obtain
and maintain in full force and effect during the term of this
contract: (a) all risk property insurance together with
endorsements for replacement cost, inflation adjustment,
malicious miechief and sprinkler damage coverage, all in amounts
not less than the full replacement cost of all Improvements,
without reduction for co-insurance; (b) comprehensive general
liability insurance, including liabilities assumed under
contract with limits, coverage and risks insured acceptable to
Seller (including, among other things, coverage of all risks
•
arising directly or indirectly out of Buyer's activities on or
any condition of the Property, Whether or not related to an
occurrence caused or contributed by Seller's negligence, and
which shall include a contractual liability clause) , and in no
event less than $3,000,000 combined single limit coverage; and
(e) unless Seller otherwise agrees in writing, rant loss or
business interruption insurance in an amount no less than the
total annual rents provided for in all leases for the Property. •
In addition, Buyer shall obtain and maintain all Ouch other
insurance coverage that at the time are commonly carried for •
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MAR.26.2004 4:27PM TIC^R TITLE COMMERCIAL NO.042 P.9/23
I .
similar property in such amounts as Seller realonebly may
require.
9•2 . All insurance
shall be written by a company or companies reaSonabiy acceptable
to Seller with a rating of A VIII or better as provided in wt's
gatjng quid„ with loss proceeds under any policy payable to
Seller, subject to the terms of this Contract; shall require
thirty (30) days' prior written notice to Seller of cancellation
or reduction in coverage; shall contain waivers of subrogation
and endorsements that no act, omission or negligence of Buyer or
any occupant, and no occupancy or use of the Property for
purposes more hazardous than permitted by the terms of the
policy, shall affect the validity or enforceability of such
insurance as against Seller; shall be in full force and effect on
the date of this Contract; and shall be accompanied by proof of
premiums paid for the currant policy year. Seller shall be named
as additional insured on all liability policies. Buyer shall
forward to Seller, upon request, certificates evidencing the
coverage required under this Contract and copies of all policies.
9.3 nQ gnmen ,of fl it ge Policies. In the event
Buyer is in default of this Contract and seller or a third party
acquires the Property as a result of Seller's exercise of any
right or remedy of Seller hereunder, at law or in equity, all
right, title, and interest of Buyer in and to all policies of
insurance procured hereunder shall inure to the benefit of and
pass to the successors in interest of Buyer or the purchaser or
grantee of all or any part of the Property.
9.4 Indemnity. Except as otherwise provided in that
certain Indemnity Agreement attached hereto as Exhibit C (the
"indemnity Agreement") , Buyer shall indemnify, protect, defend
and hold Seller, and Seller's members, agents, employees,
successors and assigns harmless from and against any and all •
claims, losses, damages, fines, charges, actions or other
liabilities of any description arising out of or in any way
connected with Buyer's possession or use of the Property from and
after the date hereof through the termination or satisfaction of
this Contract. This indemnity shall survive any termination or
satisfaction of this Contract.
10. 2.11aual'tYlLoap.fIfirrQx n.
10.1 . After the occurrence of any
casualty to all or any port on of the Property, whether or not
required to be insured against as provided in this contract,
Buyer shall give prompt written notice of such casualty to
Seller, specifically describing the nature and cause of such
casualty and the extent of the damage or destruction to the
Property. Seller may make proof of loss if it is not made
promptly and to Seller's satisfaction by Buyer.
r•
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MAR.26.2004 4:27PM TIC^R TITLE COMMERCIAL NO.042 P. 10/23
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10.2 ago cation of Proofed'. Buyer assigns to Seller
all insurance proceeds that Buyer may be entitled to receive with
re■pect to any casualty. If Seller determines, in its reasonable
discretion, that the value of the Property, as rebuilt, may not
be adequate security for the payment of the unpaid balance of the
Purchase Price at the time of Ruch damage, Seller may apply the
insurance proceeds to the reduction of amounts owed under this
Contract in such order am Seller may determine, whether or not
such obligations are than due. If Seller dose not apply the
insurance proceeds to reduce amounts owed under this Contract,
Seller shall apply all or any portion of the insurance proceeds
to the cost of restoring and rebuilding the portion of the
Property that was damaged or destroyed. In the event that Seller
elects to apply the insurance proceeds to rebuilding and
restoration, Seller shall be entitled to hold the proceeds, and
the proceeds shall be released only on such terms, conditions and
disbursement procedures as Seller reasonably shall require,
including but not limited to prior approval of plans and
specifications and release of liens.
11. Actionejd pf ,gct, Prmerty;. eeogrvas. If Buyer shall
fail to obtain any insurance required by section 9, make the
payments required by Section 4 or perform or observe any of
Buyer's other covenants or agreements under this contract, seller
may, without obligation to do so, obtain or pay the same or take
other action that it deems appropriate to remedy such failure.
All sums, including reasonable attorneys' fees, so expended or
incurred, shall be paid by Buyer to Seller upon demand, together
with interest at the rate provided heroin. No payment or other
action by Seller under this Section shall impair any other right
or remedy available to seller or constitute a waiver of any
default by Seller.
12. Coppliange with Laws. Buyer shall promptly comply and
shall cause all other persons to comply with all laws,
ordinances, regulations, directions, rules and other requirements
of all governmental authorities applicable to the use or
occupancy of the Property, including, without limitation, all
repairs, alteration or improvements required in connection with
effecting such compliance.
13. ► - • 1 , I • Lti _ + - : • 1 •
CQdnaa.
13.1 For purposes of this contract, '+Environmental Lawn
mean; any federal, state, or local law, statute, ordinance, or
regulation pertaining to Hazardous Substances, as hereinafter
defined, health, industrial hygiene or environmental conditions,
including, without limitation, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 ("CERCLA") , as
amended, 42 UsC SS9601-9675, and the Resource Conservation and
Recovery Act of 1976 ("RCRA") , as amended, 42 Usc SS6901-6992.
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MAR.26.2004 4:27PM TIr^R TITLE COMMERCIAL N0.04c P. 112
13.2 For the purpose* of this Contract, "Hazardous
Substance" includes, without limitation:
13.2.1 All "hazardous substances" as designated
pursuant to 40 chit Part 302 or any similar regulation now
existing or hereafter promulgated;
13.2.2 All "hazardous wastes" within the
meaning provided in 40 CPR 5261.3 or any similar regulation now
existing or hereafter promulgated;
13.24 Al]. "extrsmely hazardous substances" as
listed in 40 CFR Part 355 or any similar regulation now existing
or hereafter promulgated;
13.2.4 All "hazardous chemicals" as defined
under 29 en 51910.1200(c) or any similar regulation now existing
' or hereafter promulgated;
23.2.5 All "toxic chemicals" listed in 40 CFR
Part 372 or any similar regulation now existing or hereafter
promulgated;
13.2.6 Those substances defined as "hazardous"
or "toxic" in the Hazardous Materials Transportation Act, 49 USC
$$1801-1819 or in any amendment thereto, or listed in 49 CFR Part
172 or any similar regulation now existing or hereafter
promulgated;
13.2.7 All materials, wastes, and substances
that are designated as a "hazardous substance" pursuant to
Section 311 of the Clean Water Aot, 33 USc $51251-1307 (33 USC
51321) or listed pursuant to Section, 3076 of the Clean Water Act
(33 USC S1317) ;
13.2.8 All "hazardous wastes" as defined in
ORS 466.005(7) , in any amendments thereto and in any rule or
order promulgated pursuant thereto;
13.2.9 All materials, substances, and wasters
that are or which contain (A) asbestos; (8) polychlorinated
biphanyla; (C) explosives, except such explosives as are used
during construction in accordance with law; (o) petroleum, and
any fractions thereof; or (8) radioactive materials; and
13.2.10 Such other substances, materials, and
wastes that are or become regulated yr classified as hazardous or
toxic under federal, state or local laws or regulations.
13.3 Buyer will not use, generate, manufacture,
produce, store, release, discharge or dispose of on, in, under or
about the Property or the Property's groundwater, or transport to
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MAR.26.2004 4:28PM TIC^R TITLE COMMERCIAL NO.042 P. 12/23
or from the Property, any Hazardous Substance and will not permit
any other person to do so except as necessary in connection with
Seller's compliance with its obligations under the Indemnity
Agreement, and except for such Hazardous Substances that may be
used in the ordinary courseZof the business of the tenants of the
Property, as presently conducted, and on the condition that much
use be in full compliance with all Environmental Laws.
13.4 Except with respect to seller's obligations under
the Indemnity Agreement to remsdiato the Contamination as and to
extent tent required thereunder, Buyer will keep and maintain the
Property in compliance with, and shall not cause or permit all or
any portion of the Property ;to be in violation of any
Environmental Law.
13.5 Buyer shall give prompt written notice to Seller
oft
13.5.1 Any proceeding, inquiry or notice by or
from any governmental authority with respect to any alleged
violation of any Environmental Law or the presence of any
Hazardous Substance on the Property or the migration of any
Hazardous substance from other premises to the Property or from
the Property to other premises;
13.5.2 Ail known claims made or threatened by
any person against Buyer or with respect to the Property relating
to any lose or injury resulting from any Hazardous Substance or
the violation of any Environmental Law; or
13.5.3 The existence of any Hazardous Substance
on, in, under or about all or any portion of the Property.
13.6 Buyer shall promptly provide to Seller copies of
all reports, documents and notices provided to or received from
any agency administering any Environmental Laws. Seller shall
have the right to join and participate, in its own name if it so
elects, in any legal proceeding or action initiated with respect
to the Property in connection with any Environmental Law if
Seller determines that such participation reaeonz:bly is necessary
to protect its interest in the Property.
13.7 Buyer shall hold Seller, its members, officers,
employees, agents, successors and assigns, harmless from,
indemnify them for and defend them against any and all losses,
damages, fines, liens, claims, costs, expenses and liabilities
directly or indirectly arising out of or attributable to any
violation of any Environmental Law, or the use, generation,
manufacture, production, storage, release, threatened release,
discharge, disposal or presence of a Hazardous Substance on, in,
under or about the Property, including, without limitation, the
costs of any required repair, cleanup, containment or
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MAR.26.2004 4:28PM TI(-^Q TITLE COMMERCIAL NO.042 P. 13/23
•
detoxification of the Property, the preparation and
implementation or any closure, remedial or other required plans,
attorneys' tees and costs (including but not limited to those
incurred in any proceeding and in any review or appeal) , fees,
penalties, and fines, except tp the extant caused directly by an
act or omission of Seller or its tenants during the period seller
owned the Property and except as and to the extent otherwise
provided in the Indemnity Agreement. This indemnity shall
survive the termination or satisfaction of this Contract.
14. Bi.) Lf ss•
14.1 Condemnation. It the Property or any part thereof
is condemned, such taking shall not be a ground for rescission of
this Contract. The award make upon such taking shall be deemed
to be the property of Buyer, but shall be paid to seller promptly
upon receipt and applied as provided under Section 2.2.3.
14.2 pamaae or Destruatign. In the event any
Improvements are damaged or destroyed, such damage or destruction
Mall not be a ground for rescission of this Contract and all
risk of loss in connection therewith shall be with and on Buyer.
15. Cl4lifa•
15.1 Conveyance. simultaneously with the recordation
of this Contract, Seller shall execute and deliver to Title
company (ae defined below) a Statutory Warranty Deed in the form •
attached as gx ibit (the "Deed") . The Title Company hereby is •
instructed to record the Deed in the real property records of
Washington County, Oregon only upon receipt of written
confirmation from Seller and 'Dµyar that the Purchase Price has
been paid in full and that Buyer has performed all other terms,
conditions and provisions of this Contract. Warranties in the
Deed shall exclude the encumbrances described on Exhibit E
attached hereto and made a part hereof (the "Permitted •,
Encumbrances") . Within ten (10) days of the date hereof, Seller
shall cause the Title Company, to issue to Buyer a purchaser's
•
policy of title insurance in the amount of Two Million Eight
Hundred Thousand Dollars 02,8p0,000.00) and listing therein no
exceptions to title other than the Permitted Encumbrances.
15.2 E Qw aaraamet�,lt,, On the closing, Seller shall
deposit into an escrow with the Title Company from the proceeds
of the Down Payment such amount as is reasonably required by
Buyer's lender (contemplated to be U.S. Bank) for the purpose of
paying the costs of remediating the Contamination as and to the
extent provided in the Indemnity Agreement; provided, however,
that the amount escrowed shall not exceed one hundred percent of
the contracted cost to Seller of BO remediating the Contamination
(the "Escrowed Amount") . The Escrowed Amount shall be used to
pay the costs, as incurred, of remediating the Contamination in
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MAR.26.2004 4:28PM TIC^R TITLE COMMERCIAL N0.042 P. 14/23
accordance with the Indemnity Agreement, and any funds contained
in such escrow upon completion of and payment for such
remediation shall be released and paid directly to Bailer.
16. Beller'. p.preeentaton end panty. Seller
represents and warrants to Boyer that (i) Seller is not a foreign
person within the meaning of Section 1445 of the Internal Revenue
Code of 1906, as amended, and Seller will provide an affidavit to
that effect to Buyer at closing; and (ii) as of the date hereof,
Seller ohms fee simple title to the Property subject to the
Permitted Exceptions. Buyer hereby acknowledges and agrees that
no representations or warranties have been made to Buyer by
Seller with respect to the Property, other than the
representation and warranty expressly set forth in this Contract.
Except with respect to the representations and warranties
expressly est forth herein and the indemnity by Seller set forth
in the Indemnity Agreement, Buyer hereby purchases, acquires and
accepts the Property "AS IS" and with all faults.
17. 21me_of Essence. Time is of the essence of the
parties' obligations under this Contract.
18. Security.., ureement. Buyer hereby grants a security
interest in any and all personal property included within the
description of the Property, end all rents, proceeds (including
insurance proceeds), profits, replacement income and accounts,
related thereto. This instrument shall constitute a security
agreement within the meaning of the Uniform Commercial Code with
respect to any personal property included within the description
of the Property now or hereafter acquired by Buyer and all
proceeds (including, without limitation, insurance and
condemnation proceeds) therefrom and all replacements, accessions
and products thereof or thereto. Upon request of Seller, Buyer
shall execute any necessary financing statements in the form
required by the Uniform commercial Code of the State of Oregon
and shall file the statements at Buyer's expense. Without
further authorization from Buyer, Seller may at any time file
copies of this Contract as financing statements. Upon default •
under the terms of this Contract, Buyer shall, within three days
of receipt of written demand from Seller, assemble the personal
property and make it available to Seller. :.
19. Default. An "Event of Default" shall have occurred
under this Contract if:
19.1 Buyer fails tq make any payment required
hereunder within ten (10) days after the data such payment is
due; provided, however, Buyer shall not be in default of this
Contract the first time in any twelve (12) month period that such
failure occurs if Buyer pays Bauch payment in full within ten (10)
days after Seller has given written notice to Buyer that such
payment is overdue; or
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MAR.26.2004 4:29PM TIC^R TITLE COMMERCIAL NO.042 P. SSi23
19.1 Buyer is in breach or default of any of Buyer's
other obligations hereunder After Beller gives Buyer written
notice specifying the nature of such breach or default, and Buyer
fails to correct such breach or default within thirty (30) days
after the giving of such notice; provided, however, the failure
to cure much breach or default within such thirty (30) day period
shall not be an Event of Default if: (i) such breach or default
cannot be cured within such thirty (30) day period, (ii) Buyer
commences the cure of such breach or default within such thirty
(30) day period, (iii) Buyer diligently pursues to completion the
curs of such breach or default, and (iv) such breach or default
is cured within ninety (90) days after the date of written notice
from Seller to Buyer of such breach or default; or
19.3 a petition is filed against Buyer, or either of
them, in an involuntary case under any federal or state
bankruptcy or insolvency laws; a receiver, (liquidator, trustee or
similar official is appointed for Buyer, or either of them; the
commencement by Buyer, or either of them, of a voluntary case
under any federal or state bankruptcy or insolvency laws; the
making by Buyer, or either of them, of any assignment for thw
benefit of creditors; the failure of Buyer, or either of them, to
pay their debts as such debts become due; the entry of any
judgment which becomes a lien on all or any portion of or
interest in the Property or any portion thereof; and/or the levy
of a writ of execution or attachment against all or any part of,
or any direct or indirect interest in, the Property.
20. Remediep
Upon the occurrence of an Event of Default, Seller
shall be entitled to pursue any and all rights and remedies
available at law or in equity, including, without limitation, the
following:
20.1 To foreclose this contract by strict foreclosure
in equity;
20.2 To declare the unpaid balance of the Purchase
Price, including unpaid accrued interest thereon, immediately due
and payable;
20.3 To enforce specifically the terms of this
Contract by suit in equity;
20.4 alter complying with the provisions of ORS 93.905
through 93.945, as same may be amended from time to time, to
declare this Contract forfeited as of the dote of default and to
retain all payments made under this Contract. Upon recordation
of the affidavit required by Oregon law, this contract shall be
extinguished and canceled, and Buyer shall have no further right,
title or interest in and to the Property or to any return of or
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MAR.26.2004 4:29PM TIr""' TITLE COMMERCIAL NO.042 P. 16/23
I
compensation for payments previously made under this Contract.
In such event, Buyer agrees to surrender the Property to Seller.
It Buyer fails to do so, serer may elect to treat Buyer as a .
tenant holding over unlawfully after the expiration of a lease,
and Buyer may be ousted and removed as such, without affecting in
any manner Seller', right tolpursue other remedies contained in
this Contract or otherwise aiilable under applicable law;
I 20.5 With respectl;to any pert of the Property that
constitutes personal property in which Seller has a security
interest, Seiler may exercise the rights and remedies of a
secured party as provided by the uniform Commercial Coda; and
20.6 Seller shall be entitled to the appointment of a
receiver as a matter of right Whether or not the apparent value
of the Property exceeds the **aunt of the balance due under this
Contract, and any receiver appointed may serve without bond.
11. Late Charae, If Buyer tails to make any installment
payment required under this Contract within ten (10) days after
the date such payment is due, 1 $aller may elect to impose a late
charge of five percent (St) o such payment; provided, however,
such late charge shall not be imposed the first time Buyer fails
to timely make an installment payment in any twelve (12) month
period so long as Buyer pays uch installment in full within ten
10) days after Seller has gi h Buyer written notice that such
installment is overdue. Imps ition of a late charge pursuant to
this Section 21 shall be in a djtion to, and not in lieu of, any
other rights or remedies whi Seller may have as a result of the
late payment. Buyer hereby agrees to the reasonableness of such .
late charge.
22. Miecellaneoue pray scone.
22.1 Udine Effect, The provisions of this Contract
shall be binding upon and inure to the benefit of the parties and
their respective successors and permitted assigns.
22.2 �Issiaq�nt. Buyer may not assign its rights and
obligations under this contra without the prior written consent
of Seller, which consent shall not be unreasonably withheld or
delayed. Any such aunignment hall not release Buyer from its
obligations under this contract.
22.3 Notices,. Note,'-es under this Contract shall be in
writing and shale, be effective when actually delivered by
personal delivery, telecopy, g recognized overnight delivery
service, directed to the other party at the address set forth
below, or to such other addres. as the party may indicate by
written notice to the other pa ty. Notices shall not be sent by
mail.
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L
If to Sellers AGA'B, G.L.C.
P.O. Box 4413-T31
Portland, OR 97208
: TS110opy No. : (503)
With a copy to: ; Donald W. Douglas
i01 B.W. Main Street
pasts 1200
' portland, OR 97204
'delscopy No. : (503) 226-3910
It to Buyer: !Woodrow i Edits Smith
,7 Kincaid
Mtoria, Oregon 97103
?elacopy Ho. : (503) 325-e221
With a copy to: Lois J. Portnoy
; 427 N.W. Pinnacle Drive
'portland, Oregon 97229-0022
''alecopy No. : (503) 297-0962
22.4 $eiver. Pail ' e of either party at any time to
require performance of any pr Onion of this contract shall :,ot
limit such patty's right to a force such provision, nor shall any
waiver or any breach of any p ovision of this contract constitute
a waiver of any succeeding br *oh of such provision or a waiver
of such provision itself.
amended except by Amendment.wrtten greementaofmthe not
partiesmodified or _:;
22.6 �ttornsvu' Fee It a suit, action, or other :;
proceeding of any natures whatuoever (including any proceeding
under the U.B. Bankruptcy Code le instituted in connection with
any controversy arising out of this Contract or if attorneys fees
are incurred to interpret or orce any rights hereunder, the I
prevailing party shall be anti Zed to recover its attorneys' fees i
and all other tees, costs and penises actually incurred and
reasonably necessary in connec on therewith, as determined by =
the court at trial or on any # , pal or review, in addition to all -•
other amounts provided by law. i -
.
22.7 . 'rt any term or provision of this
Contract or the apps cat on th rOof to any parson or circumstance `,
shall to any extent be invalid 'Or unenforceable, the remainder of
this Contract and the applicat can of such term or provision to
persons or circumstances other than those as to which it is held
invalid or unenforceable shall 4ot be affected thereby, and each
term or provision of this con eat shall be valid and enforceable
to the fullest extent permitte, by law.
i
i
43, 6771071,03
IV
. . . . . . .
MAP.25.2004 4:30PM TIC^R TITLE COMMERCIAL NO.042 P.18/23
;I1
S.
, ,
22.8 • 1 • ► • = • . The obligations of
Buyer hereunder are joint an• $OVaxable among each person or
entity constituting or compri, • q Buyer, their heirs, successors
and assigns. I.
22.9 • 1 . • 1 = 1 . ► ' •. ' • ►. The headings or
titles of the sections of thi t Contrac are ntended for ease of
reference only and shall have no effect whatsoever on the
construction or interpretatio of any provision of this Contract.
The use in this contract of wards "including," "such as," and
words of similar import folio ing any general statement, term, or
matter shall not be construed • limit such statement, term, or
Batter in any manner, whether not the language of non-
limitation (such as "without itation" or "but not limited to")
is used in connection therewi if but rather shall be deemed to
refer to all other items or ma-ters that could reasonably fall
within the scope of the genera Illtatement, term, or matter. All
provisions of this contract hi been negotiated at arm's length,
and this Contract shall not be Construed for or against any party
by reason of the authorship or alleged authorship of any
provision hereof. 1 .
22.10 Egg. Al .1'' echibits attached to this
Contract are incorporated here ,* by reference.
22.11 governing Lawj ! Thie Contract shall be governed
by and construed in accordance wth the laws of the state of
Oregon.
'I, '
22.12 = ' , THIS INSTRUMENT WILL NOT
ALLOW USE OF THE PROPERTY DES ' T.gp IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND ► =E.LAWS AND REGULATIONS. BEFORE
SIGNING OR ACCEPTING THIS IN: " ENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD w 4CK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO ERIFY APPROVED USES AND To
DETERMINE ANY LIMITS ON LAWBUI - ;AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30. . 0.
W •1ENG
UNLESS BUYER PROVIDES SELL:4. WITH EVIDENCE OF THE INSURANCE
COVERAGE AS REQUIRED UNDER THIS CONTRACT, SELLER MAY PURCHASE
INSURANCE AT BUYER'S EXPENSE TO j'RQTECT SELLER'S INTEREST. THIS
INSURANCE MAY, BUT NEED NOT, ALEP PROTECT BUYER'S INTEREST. IF
THE COLLATERAL BECOMES DAMAGED, O E COVERAGE SELLER PURCHASES MAY
NOT PAY ANY CLAIM BUYER MAKES O y CLAIM MADE AGAINST BUYER.
BUYER MAY LATER CANCEL THIS CO GE BY PROVIDING EVIDENCE THAT
BUYER HAS OBTAINED PROPERTY COV GE ELSEWHERE.
BUYER IS RESPONSIBLE FOR TOE' COST OP ANY INSURANCE PURCHASED
BY SELLER. THE COST OF THIS INSURANCE MAY BE ADDED TO BUYER'S
CONTRACT BALANCE. IF THE COST IS' ADDED TO BUYER'S CONTRACT
14 '� T ... am mt.ro... . •
• • ... • ___ ___„_ ,__ .
., ., .
, ,
I MAR.26.2004 4:30PM TIC^R TITLE COMMERCIAL N0.042 P.19/23
1
• I
I
BALANCE, THE INTEREST RATE 0 '; '. UNDERLYING CONTRACT WILL APPLY
TO THIS ADDED AMOUNT. THE 8 .7` IYE DATE OF COVERAGE MAY BE THE
DATE BUYER'S PRIOR COVERAGE .,1 ,"BCD OR THE DATE BUYER FAILED TO
PROVIDE PROOF OF COVERAGE.
THE COVERAGE SELLER PUR" ES MAY BE CONSIDERABLY MORE
EXPENSIVE THAN INSURANCE BUY t OBTAIN ON EUYER'S OWN AND MAY
NOT SATISFY ANY NEED FOR PRO V DAMAGE COI/IMAGE OR ANY
MANDATORY LIABILITY INSURANCE UIRENENTS IMPOSED BY APPLICABLE
LAN. I
I
1
IN WITNESS WHEREOF, . parties have executed this 1
Contract as of the data first 01, forth above.
I'
seller: 'S, L.L.C., an Oregon limited
ibility company
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Buyer: ,, i r_,...,_ ._ __________
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I MAR.26.2004 4:30PM TI('^R TITLE COMMERCIAL NO.042 P.20/23
. ,
Opi � I znr� or h°D i
COUNTY or `�1,.._ ; •,
On this . . I YJ' il k '(�* �^
day at / • �par■onally
apposrsd tho ahoy naiad /d 'I,or;n.
who acJkgql eha fern n
Ln.tluaoot Co a Q voluntary - .1 .
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COUNTY O1 j j ) W.!!
Oa eh La 27 day of it ccvn A , I!•1,, ,ergo• lly
appaarad the above nra.d Ill/.ILi�A �1��� • �•.;' 17v%
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vhv ockno i� •rad the foraaoi
iastruoant to be their voluntary oc• . , d. '
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MAR.26.2004 4:31PM TIr^R TITLE COMMERCIAL' N0.042 P.21/23
J ' • . . r 11
,
Order No. 95104464
TRACT I l
Lot 7, Block 4, VILLA RIDGE, i ; --County of Washington and
State of Oregon. ,
TRACT II II,
Beginning at the Northeast cor j •4 Lot 2, Block 4, VILLA
RIDGE, In the County of Waehin• w.• -rid State of Oregon; thence
South 0 04' Wait along the Eaet of said lot, 116.1 feet;
thence Southwesterly to an iro '�' • - on the South line of said
Lot 2 that bears North 894 50' . a.90.0 feet from the
Southeast corner thereof, said . ,pipe being the true point
. of beginning of the herein deep n . • premises; thence North 89'
50' West, along said South line s L Meet to the Southwest
��
corner of said Lot 2; thence So -. 04' Weet, along the West
line of Lot 1, 183.75 feet to ti •uthwest corner of Bald Lot
1; thence North 89' 10' East ai-1 . she South line of said Lot
1, 104.50 feet to an iron pipe �,,� ed on the Northwesterly
right of way line of the Bouthi' " .aoifia Bighway as described
in deed to the State of Oregon, .,` .•tiled in Book 185, Page 505,
Deed Records, Washington County & ,gon; thence North 61 14'
IEast along said right of way li , .76 feet to an iron pipe;
thence North 33 50' West 106.3 li ;w -'t to an iron pipe; thence ._..
North d' 10' East 66.27 feet to VI ton pipe located on the
South line of said Lot 2, that � i ;l• true point of beginning.
i
TRACT III I ' ',
A parcel of land lying in the N4: bt quarter of Section 36,
Township 1 South, Range 1 West •' ,-"e Willamette Meridian,
Washington County, Oregon, more , JCularly described as
follows:
i'
Beginning at the intersection o • ;:Northerly line of the
Pacific Highway West as deocrib C "I deed to the State of
Oregon recorded in Book 186, Pa•, ; # and the Easterly line of
Villa Ridge Drive, also know as t ',,er Road, which is a ,
Southerly extension of 8th AvenuIl l -Lager, Oregon, being
County Road 370, which is the pojt'4 , ;2 beginning; thence
Northwesterly along the Easterly,
aaterl II ' of Villa Ridge Drive,
being County Road No. 370, 250 f, u'' 7 ore or lose to a point on
S
the South line of VILLA RIDGE; t ,ti; Easterly along the South
�r
line of VILLA RIDGE, 405 feet, m•4,1, •t less, to a point in the
Northerly line of the Pacific Bi• i'�` ,,West as described in
deed to the State of Oregon reco " . in Book 186, Page 405
Deed Records; thence Southwester i 'Qng the Northerly line of
said Pacific Bighway West 355.5 , more or less to the point
of beginning. I.
4i
1.
MAR.26.2004 4:25PM TI`"'° TITLE COMMERCIAL NO.042 P.4/23
ETATSgR0811001
County of Waahtapton
n►' .44.� o Amu.
mint tnd 7fuiaLL�naind a • r f
Clark or a county,do • aunty
the wItnln tnatrum nt of • use nos
and raoordad in moll of of oat
county.
binfty
griy104.1.nfeemiarroton.rEv
corrny •
Doc i 95095237
Rect: 156334 2918. 00
12/27/1995 04:49,10PM
/8
.01V14p.
F`Nogo:
lslI sm WASHINGTON COUNTY
ADMINISTRATION BUILDING - 150 N. FIRST AVENUE
4I Li. HILLSBORO,OREGON 97123
BOARD OF COMMISSIONERS
AUGUST 7. 1979 FLAIIFd ( IFi,.,(T�.IENT
MiLlEF1 Al DUR(S c,.-.,,.
I.AI1HY K I i....it.11.AICP,APA,Director
JIM FISHER V.e Ch.,,n,. , (5(3:1 64j .Ii.'
viRGIe IA (IAG:i
DESIGN REVIEW' 79-72-D
PROJECT' PACIFIC TERRACE DELI
APPLICANT' JJSE CRUZ. JR.
7037 SW BU LINGAME AVENUE
PORTLAND, OR 97219
LEGAL DESCRIPTION' 1S1 36A0, TAX LOT 4000 (PIN)
REQUEST'
THE A',RLICANT IS REQUESTING DESIGN PEN/few APPROVAL IN ORDER TO CONSTRUCT A DELI-
CATESSJ4 WITHIN THE PACIFIC TERRACE SHOPPING CENTER.
FINDINGS'
1. THE PARCEL IS DESIGNATED " UR)AN" CN THE WASHINGTON COL*4TY COMPREHENSIVE
FRAMEWORK PLAN. "GENERAL COMhERCl AL" Cm THE PLAN OF DEVELOPMENT •1 MAP,
AND IS PRESENTLY ZONED " B-4".
2. A RESTAURANT IS PERMITTED Utz PRESCRIBED CCxDITIO<4S WITHIN THE 8-4 ZONING
DISTRICT.
3. THE AREA INVOLVED IN THE REQUEST CONTAINS APPROXIMATELY 740 SO. FT. AND IT
I5 PART OF AN EXISTING SHOPPING CENTER. No ADDITIONS OR EXTERNAL CHANGES
APE PROPOSED.
A. THE PROPOSED DEVELOPIvE'NT IS NOT ANTICIPATED TO HAVE AN ADVERSE IMPACT ON
TRAFFIC IN THE AREA DUE TO THE SIZE OF THE PROPOSED RESTAURANT. THE FACT
THAT MUCH OF ITS BUSINESS IS DERIVED FROM EMDLDYEES WITHIN THE SHOPPING CEN-
TER AND THAT THE BUSINESS WILL DRAW FROM PEOPLE SHOPPING AT OTHER STORES
WITHIN THE CENTER.
5, THE PACIFIC TERRACE SHoRRING CENTER. 77-19-0. RECE1"9) DESIGN REVIEW APPROVAL
SEPTEMBER 22, 1977.
5. THE APPLICANT HAS INDICATED THAT NO POLE SIGNS ARE POSED ALONG SW PACIFIC
HIGHWAY AND THAT THE ONLY PROPOSED SIGN WILL DC ON FACADE OF THE BUILDING.
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too.it. WASHINGTON (1()IJNTY
ADMINISTRATION BUILDING — 150 N. FIRST AVENUE
�.01.11;*- HILLSBORO,OREGON 97123
BOAHD OF COMMISSIONERS AUGUST 7. 1979 PLANNR;r DFI`.,IITMENT
MILLER M.DURIS. Cha.rn.o., LARRY K ! riA.IEri,AICP,APA,Din
JIM FISHER. Vice Ch„u ,,:•, ISU.:i(,488:f.'
n
VIRGINIA OAGG
DESIGN REVIEW, 79-72-0
PROJECT, PACIFIC TERRACE DELI
APPLICANT, JJSE CRUZ, JR.
7037 SW 81. LINGANE AVENUE
PORTLAND, OR 97219
I LEGAL DESCRIPTION, 1St 36AD, TAX LOT 4000 (PTN)
REQUEST,
THE APPLICANT IS REOt.ESTING DESIGN REVIEW APPROVAL IN ORDER TO CONSTRUCT A DELI-
CATESSEN WITHIN THE PACIFIC TERRACE SHOPPING CENTER.
s
FINDINGS,
1. THE PARCEL IS DESIGNATED " URBAN" ON THE WASHINGTON COUNTY COMPRFJ-€NS I VE
FRAMEWORK PLAN. "GENERAL COM+ERCIAL" ON THE PLAN OF DEVELOPMENT 01 MAP•
AND I S PRESENTLY ZONED " B-4".
2. A RESTAURANT IS PERMITTED UNDER PRESCRIBED COtDITIONs WITHIN THE 8-4 ZONING
DISTRICT.
3. THE AREA INVOLVED IN THE REQUEST CONTAINS APPROXIMATELY 740 SO• FT. AND IT
IS PART CF AN EXISTING SHOPPING CENTER. NO ADDITIONS OR EXTERNAL. CHANGES
ARE PROPOSED.
4. THE PROPOSED DEVELOPMENT IS NOT ANTICIPATED TO HAVE AN ADVERSE IMPACT ON
TRAFFIC IN THE AREA DUE TO THE SIZE OF THE PROPOSED RESTAURANT. THE FACT
THAT MUCH CF ITS BUSINESS IS DERIVED FROM EMPLOYEES WITHIN THE SHOPPING C'F7,--
TEP. AND THAT THE BUSINESS WILJL DRAW ?-%tCM PEOPLE SHOPPING AT OTHER STORES
WITHIN THE CENTER.
5. THE PACIFIC TERRACE SHOPPING CENTER 7--19-0, RECEIVED DESIGN REVIEW APPROVAL
1
SEPTEMBER 22. 1977.
6. THE APPLICANT HAS INDICATED THAT NO 1LE SIGNS ARE PROPOSED ALONG SW PACIFIC
HIGHWAY AND THAT THE ONLY PROPOSED N WILL DE ON TIE FACADE OF THE BUILDING.
APPLICATION FOR DESIGN REVIEW r.
A. DO NOT WRITE IN THIS SPACE
ski
DESIGN REY I EW FEE
PLAN CHECK RECEIPT NO. .1
Y
PROJECT TITLE Pacific Terrace DATE FILED
OWNER/DEVELOPER Equities Northwest/George Il_ x 11 ;,� l0NE 227-0423 "-
ADDRESS 4724 S. W. Nacadam l:
PLANNER Jose' Cruz, Jr. PHONE 223-2548 - i-
ARCHITECT Carter Case PHONE 227-0383
LANDSCAPE ARCHITECT PHONE
ENGINEER PHONE
DESIGNER PHONE
OTHER PHONE
DESCRIPTION OF PROPERTY
:k. ODRESE EXISTING ZONE
LEGAL DESCRIPTION, LOCATION, SIZE Portion of Tax lot 4nnn.s_F._a, N.E.a, Sec. 3. 4
T1S, RLW.
DESCRIPTION OF PROJECT
PROPOSED "AI- q BUILDINGS , UNITS BUILDING MATERIALS Q. FT. # BEDROOMS _.
s fee enc osed lan. _ !,...._
..
..
, ,
TOTAL SQ. FT. BUILDINGS 140 SQ, FT. PAVING SQ. FT. LANDSCAPE
ESTIMATED MO. EMPLOYEES ANTICIPATED DEVELOPMENT DATE 7-15-79
ANTICIPATED DEVELOPMENT PHASES none
?OTA.L COST OF PROJECT t
r,OMMEFITS Building a restaurant on an existing ; roved shnppipck
development, a total of 740 square fe See enclosed.
! hereby tcknowledge that I have read this application .. I state that the above
..,A r., rAmnly with all County Ordinance and State Laws r.gula-
June 22 , 1979
Washington County Planning Dept.
Design Review Committee
County Courthouse
Hillsboro, Oregon
RE: Design Review Restaurant
On Tax Lot 4000, SE1/4 NE1/4
SEC. 36 T1SR1W W.M.
Washington County, Oregon
Committee:
As required by ordinance No. 19C, we submit the following
information for the administrative review for the establishment of a
restaurant at Pacific Terrace Shopping Center.
1. Site Suitability:
It is our intent to build a Deli/Restaurant on an existing
shopping center. The total shopping center went through the design
review process, including public hearings and was built per county
and state rules. ' All the concerns of the Public hearings and the
staff were reflected on the building of the shopping center.
2. Relationship To Surrounding Land Use:
The surrounding land use were reflected in the design
review of the shopping center. Restaurants are allowed in the basic
zone of the shopping center.
3. Traffic Impact Analysis:
Tom Spears of the Washington County Road Department stated
that traffic for the restaurant would not impact the traffic in the
area. The traffic impact was reviewed when the shopping center was
approved.
4. Applicable Goals and Policies of tbt Comprehensive
Frame Work Plan :
The following apply to the regl t:
Landscaping and open space
222 All private developments sh . t1 contain open space
and landscape areas . These areas will relate to
the use and arovide buffering between incompatible
uses .
4
Vashing ton County P1; Aing Dept.
June 22 , 1979
Page 2
223 Parks and park-like settings will be encouraged
as a means of breaking up large building concen-
trations.
227 Commercial developments will contain landscaping
and open spaces to provide customer amenities,
make the davelopnent compatible with adjacent use
and buffer the developme,lt from incompatible uses.
Traffic and Circulation:
33 The site design will avoid fronting development
onto arterial streccs by using frontage roads . loop
streets, -u1-de-sacs, or lots backing of tLoroughfares.
72 Commercial development will be preceded by provisions
for sufficient road right-of-way, control of access
points and other improvements.
74 In order to preserve their traffic moving function,
streets designated for through traffic will not be
lined with commercial development.
75 Access points to commercial uses located on major
arterials will be limited to reduce the traffic
hazard potential.
116 The County will take active steps , where needed, to
upgrade the street capacities including consideration
of traffic control systems and non-access control strips.
161 Driveways shall be located with adequate sight line and
shall utilize where possible existing left turn lanes ,
cross streets and joint use by adjoining properties.
Reiaticnship to Neighborhood and Community and Custer
Development :
(;r,a1 To provide commercial centers at levels of activity
which relate to the living environmc in a harmonious
manner with the character of the are in proximity to
a transportation system which preciu 3 strip commercial.
',oa). To establish comm,ini.ty design and ate: hetics as a plan-
ning consideration i-► determining the appropriateness
and compatibility of private and public building and
facilities wirh their surroundings , community, and
crmmunity identity .
�a�rarar AIMMIOAMMIIIIMMMOW
kishinr;ton County Planning Dept.
June 22 , 1979
Page 3
{
18 Development within the urban area will include or be
preceded the following minimum improvements :
. paved streets, and sidewalks or adequate
pedestrian circulation facilities
. underground drainage lines, except where surface
storm drainage facilities are provided
▪ publicly approved water supply and
. sanitary sewer.
19 Development within the urban area will be conditioned
through the implementation process to insure the
minimum impact on the surrounding persons , public and
property, and to require the applicant to provide for
the public service needs created by the granting of
the application.
,2 The height of buildings will be related to the nature
of the site and to the type of surrounding develop-
ments , with high rise buildings possible when locational
criteria is met.
65 Commercial space will be allocated on the basis of a
market analysis to meet the needs of the community.
Designated commercial uses will be located and designed
to serve residential communities and designed to make
them an integral part of the community.
66 For the convenience of the public, commercial uses will
be encouraged to develop within centers rather than
scattered throughout the area or nixed with non-commercial
land uses.
67 The de3igr, of the center and layout of the buildings will
be executed in a manner which integrates the center as
a part of the community and is compatible with surrounding
or planned uses.
As stated before, Pacific Terrace did , through the design
process and was built according to the find :;s and codes.
Very truly ours ,
bSc'
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DESIGN REVIEW - RESTAURANT/ DE- !
Item No. 79 - 72 - D CPO 4
area of consideration _,., N
--2,./ic PACIFIC TERRACE DELI
L E G E N D
RU-4 URBAN LOW DENSITY RESIDENTIAL DISTRICT
RU-2r) URBAN HIGH DENSITY RESIDENTIAL DISTRICT
9 • 4 GENERAL EXTENSIVE COMMERCIAL DISTRICT
Scale 1"= 100
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DESIGN REVIEW - RESTAURANT/ DELI
Item No. 79 - 72 - 0 CPO 4
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.fr" area of consideration N
PACIFIC TERRACE DELI
E ^•. E N 3
1 j 4 IJA8AN LOW DENSITY RESIDENTIAL DISTRICT
'U ?'O URBAN HIGH DENSITY RESIDENTIAL DISTRICT
? ' 1E.NEPAL EXTENSIVE COMMERCIAL DISTRICT
Scale 1H = IOOp
mattmesman
CORM NOTICE FOR RESTAURANTS
The purpose of this notice is to inform property owners within 250 feet of tax
lot(s) 4000 on tax map tcl 3Ap� that the Washington
County Planning Department has received a proposal I r a restaurant on that
property.
The restaurant provisions allot the Planning Director to approve a proposed
restaurant within certain guidelines based on affirmative findings concerning:
a. Site suitability;
b. Relationship to surrounding land uses;
c. Traffic impacts;
d. Applicable goal.; and policies of the Comprehensive Framework Plan;
e. Other information as determined to be necessary a: the pre-application
conference.
The application shall be approved. denied, or approved with conditions to make
the use more adequately conform to the Comprehensive Plan, provide public
facilities necessitated by the proposed use and to lessen the impact of the use
on surrounding uses.
As an effected parry, you may submit comments to the Planning Department, and/or
request a public hearing de novo before an appropriate hearings body. You may
also request a copy of the Planning Department staff report and director' s
action, and appeal the action to the Planning Cottmi;sion as provided by Section
248 of the Zoning Article.
The proposal includes the following aevelopment:
Location of a restaurant/deli containing approximately 740 square feet
within the Pacific Terrace Shopping Center on SW Pacific Highway
wu have any convent • te, •nl, r;•q,trdIp.t th' prnpotii! , plresr do so in
s sting. Such comments -lust be recrived by the Planning Depa'-tment no later
than 5:00 pm on July 13, 1979 , in order to be included
11 the final staff r• ;,ort and recommendation.
If you have any questirns or desire further information, please call the
Panning Department office at 648-8761 .
Washington C ty Planning )epartment
Admini'trati 9uilding
150 N. First
H i l l sborr', f?' 17123
, ;
°s no: duL bac..
s contained within
appro.al .
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A.LWASHINGTON ( :C)UNTY
ADMINISTRATION BUILDING -- 150; FIRST AVENUE
144..0-- HILLSBORO,OREGON 9.123
BOARD OF COMMISSIONErS I't-•\NNIN<, DE PAL Ta'1:^:T
LAIIII P. i ft,l,It it,AICP,A?A•01:ec•
MILLER M OURIS Chn••in��' 15031 648 87L1
JIM FISHER•V,co Cna•.,.:•.
VIRGINIA DAGC
AUGUST 7, 1979
MR. JosE CRUZ, JR.
7037 SW Blft.INGAME AVENUE
PORTLAND. OR 97219
RED CASEFILE 79-72-1)
151 36AD. TAX LOT 4000
DEAR M. CRUZ
ON AUGUST 6, 1979 THE PLANNING DIRECTOR APPROVED YOUR PROPOSAL FOR
A DELICATESSEN ON L PROPERTY DESCRIBED ABOVE PURSUANT TO ORDIN-
ANCE 196, EATING AND DRINKING ESTABLISHMENTS, AND CHAPTER 120 CF
THE WASHINGTON COUNTY COMMUNITY DEVELOPMENT ORDINANCE RELATING TO
ZONING. THIS APPROVAL IS S BJECT TO THE FOLLOWING CONDITION%
I. THERE SHAH BE NO FREE-STANDING SIGNS LOCATED ADJACENT TO
SW PACIFIC HIGHWAY.
IF YOU DESIRE THIS ACTION, OR THE CONDITION OF APPROVAL, MAY BE AP-
PEALED PURSUANT TO ORDINANCE 196 BY FILING A NOTICE OF REVIEW IN
CJNPLIANCE WITH CHAPTER 2201-4.4 OF THE COUNTY ZONING ORDINANCE WITH-
IN 10 DAYS AFTER THE DATE IF THIS NOTICE ACCOMPANIED BY A 350.00
FILING FEE. IF YOU HAVE /,NY QUESTIONS PLEASE CONTACT THIS OFFICE.
SING LY0 /
■
i JACK R. GODARD
COMMUNITY DESIGN PLANNER
1
CC, KEN DAVIS
RAY WILD
EtcLOSURE
RG/PJR
1
fi
11
79-72-D
JOSE CRUZ, JR.
AUGUST 7, 1979
PAGE 2
REC OWE NDAT I DPH;
BASED ON THE ABOVE FINDINGS, STAFF RECOMMENDS APPROVAL OF THE REQUEST SUBJECT
TO THE FOLLOWING CONDITION;
1. THERE SHALL BE NO FREE-STANDING SIGNS LOCATED ADJACENT TO SW PACIFIC HWY.
PLANFI I NG DIRECTOR ACTION,
APPROVAL
APPROVAL WITH CONDITIONS
DENIAL, ,
SIGMA �.- i DATE
APPEAL PR ES-Se
THE ACTION OF THE PLANNING DIRECTOR MAY BE REVIEWED BY THE BOARD OF COUNTY
COMMISSIONERS PURSUANT TO SECTION 2201-4 OF THE ZONING ARTICLE. AN APPEAL
REQUEST MUST BE RECEIVED BY THE PLANNING DIRECTOR THROUGH COUNTY COUNSEL WITH-
IN 10 DAYS OF THE INITIAL ACTION, AND MUST BE ACCOMPANIED BY THE FOLLOWING;
1. A REFERENCE TO THE APPLICATION SOUGHT TO HE REVIEWED;
2. A STATEMENT CF THE INTEREST OF THE PETITIONER TO DETERMINE HIS PARTY
STATUS;
3, THE SPECIFIC GROUNDS RELIED UPON IN THE PETITION REQUEST FOR REVIEWS
4. THE DATE OF THE DECISION OF THE INITIAL ACTION;
S. FEE OF 150.00.
WASHINGTON COUNTY DEPT. OF LAND USE &
TRANSPORTATION, LAND DEV. SVCS. DIV.
156 N. FIRST ST.. #350-13 • HILLSBORO, OR 97124
PHONE: (503)846-8761 • FAX: (503)846-2908
http llwww.co.washington.or.us
FACSIMILE TRANSMITTAL SHEET
TO: Spencer DATE: 3-26-04
FAX NUMBER: 503-228-2136 PHONE: 503-225-8441
FROM: Tammy Boren-King PHONE: 503-846-3821
TOTAL NO. OF PAGES INCLUDING COVER:
URGENT FOR REVIEW — PLEASE COMMENT
PLEASE REPLY _ PLEASE RECYCLE _ AS REQUESTED
Recipient: If all pages do not arrive in legible form, please contact me by telephone at (503)
846-3821.
NOTES/COMMENTS:
Spencer,
I have attached a copy of the last tax map we have on file for this property before it annexed into the city. The handwritten
numbers are all of the land use activities for the property, Some of these were pre-application conferences or requests for
information. The entries that were actual land use files (development review, zone changes, etc...) I have underlined and
written the years next to them. All of these files are available for you to view at our offices, They are on microfilm, so they
are not something I can fax or mail to you.
If you have any questions, feel free to give me call.
Thank you,
Tammy Boren-King
Associate Planner
503-846-3821
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TO -d OT:6 VOOZ 9Z -LPN 8062-9178-20S:Xpd 71]Q QNb1 OD HSdfTl •••■
• • MAR.26.2004 4:25PM TI' TITLE COMMERCIAL N0.042 P. 1/23
I •
■ ■•
•N% 1000 SW Broadway, Suite 1555
• • Portland OR 97205
503/242.1210 11CUR 1 l i t F.
503/242.0770 (Fax) INS( CE
COMMERC:IAI
DTVISTON
Fax
To: SPENCER McCORMICK From: Kathi Williams
NORRxS b STEVENS williamska @ticortitle,com
Fax: 503.228.2136 Pages: 2 3
Phone:
bate: 03/26/04
Re: 11505 SW Pacific
Spencer-
The above address did not come up on the MetroScan program...,two tax lots are under
the name of Smith, so I have run the trio's on them Please let me know if I can be of
further assistance,
Kathi
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