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MMD2002-00009
MMD2002 00009 COMMUNITY OF CHRIST CHURCH May 8, 2002 h__,,r''4pi��i�,iij1J\ CITY OF TIGARD Community of Christ Church OREGON Attn: Debi Taylor PO Box 23462 Tigard, OR 97281-3462 Dear Mrs. Taylor: This letter is in response to your request for Minor Modification (MMD2002-00009) approval to change the use to a Church at the property located at 13855 SW Pacific Highway, WCTM 2S103DD, Tax Lot 00900. The Tigard Community Development Code, 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. Additional on-site parking is not required as a result of this proposal. A main sanctuary that provides seating for 80 would require 26 parking spaces. You have indicated in the narrative as well as on the site plan that there are 27 spaces available, and that you have a shared parking arrangement with the neighboring property. 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 building is proposed. 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 Page 1 of 9 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. Because of the hours of operation and frequency of use that were indicated in the narrative, this modification will generate less vehicular traffic than the previous day care use. 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. The proposal does not increase the floor area of the building. Therefore, this standard does not apply. 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 for the original SDR38-79. THIS REQUEST HAS BEEN APPROVED. 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. 388. Sincerely, L(77.4.,-(3-r Brad Kilby Associate Planner c: SDR38-79 Land use file (microfilm) Page 2 of 2 APPLICANT MATERIALS C A p, MINOR MODIFICA fION a TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION Property Address/Location(s): _ (3' 55 SW Paci- is -wY l 1�Qlr4, 012 97223 FOR STAFF USE ONLY Tax Map & Tax Lot#(s): # 25 1O3 pl7o0 O0 Case No.(s): /VI N I) 2L:r:2 03"-0ci, Site Size: . 1.2. ac.re. Other Case No.(s): Applicant*: e' w vn t�.yt,1 of' (,h,1 5+ Receipt No.: .-vc L — / (43 /7 Address: PO 13O 234 2 City/State: v? i Ofd Zip: R-7./g i '.346 2 Application Accepted By: K-'-( Primary Contac I�&b t �G,y 0 V 6-03 245 l 79 6 X 13l Date: ` 1 Phone: 57)5 (o 3c j _ci4 l Fax: sb3 2..4S -l Li-49 Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete: L Rev.3/5/2001 i.\curpin\masters\revised\minormod.mst W . s.,u E..` Address: ' 4730 S. (h`CAC>ftm la 1 Phone: City/State: 1: .it'TL tz,W0 C2)k Zip: ' )()' * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written REQUIRED SUBMITTAL ELEMENTS authorization from the owner or an agent of the owner. The owner(s) (Note: applications will nQt be accepted must sign this application in the space provided on the back of this without the required submittal elements) form or submit a written authorization with this application. PROPOSAL SUMMARY f Application Form 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 Modification, the Director must first find that the expansion does not 0' Title Transfer Instrument or Deed invoke one or more of the 11 criteria discussed within Section 18.120.070(B) of the Tigard Development Code. If the modification j Site Development Plan (3 copies) exceeds the maximum allowed under any one or more of the following criteria, a Major Modification review is required. Major 3- Site/Plot Plan (reduced 8'/2"x 11") Modifications are processed in the same manner as a new Site Development Review. In a separate letter, please address the [ Applicant's Statement(3 copies) criteria below contained in Section 18.360.050(B) including a detailed (Addressing Criteria Under Section 18.360.050(B) response to each criteria. Filing Fee (City) $100.00 I. An Increase in dwelling unit density or lot coverage for residential development. (Urban) $236.00 2. A change in the ratio or number of different types of dwelling units. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. 5. An increase in the height of the building(s)by more than 20%. In addition, the Director must find that the 6. A change in the type and location of accessways and parking areas where off-site traffic would be proposed change complies with the underlying affected. standards of the applicable zoning district. To 1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 complete this review, the Applicant's proposal vehicles per day. must include a discussion indicating how the 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding site expansion will continue to comply with the expansions under 5,000 square feet. minimum setback, building height, parking land 9. A reduction in the area reserved for common open space and/or usable open space that reduces the landscaping standards. Other applicable open space area below the minimum required by this code or reduces the open space area by more requirements such as minimum Clear Vision than ten percent. areas near driveways and street intersections 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) may also be applicable depending on where below the minimum established by this code or by more than 10%where specified in the site plan. the building expansion is proposed to be I I. A modification to the conditions imposed at the time of Site Development Review approval that are not constructed on the site. the subiect of Criteria I 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 I day of 772417. ,20 042 - • ner's Signature Owner's Signature Owner's Signature Owner's Signature Receipt #: 27200200000000001617 Date: 05/03/2002 T I D E M A R K COMPUTER SYSTEMS, INC Line Items: Case No Tran Code Description Revenue Account No. Amount Due MMD2002-00009 MSC] Misc Fee 100-0000-451000 $100.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check TUALITY COMMUNITY OF CHRIST KJP 1082 $100.00 TOTAL AMOUNT PAID: $100.00 May-08-02 08:07A P _01 TO: Brad/Kay, As4oce te.Plav ler F2: 'Debi/Taylor, Applicant Colnincknity of Chri4t Ca'# MMD 2002-00009 /-E ere(4-the a pp Uca ti.o-vv we'to ikedd about yesterday. It has-been/ by the/currentowvier of the,property. If yoww need, eL please'let wte k v►,aw. Thank,you May-08-02 08 : 07A P - 02 . May-07-02 03 : 51P v P _ Q2 A MINOR MODIFICATION :a.14. ,,,.. , TYPE I APPLICATION CITY Of TIGARf) 13125 SW Me Blvd., Tigard, OR 97223(503)639-4171 FAX 1503) 684-7297 CaftigRALIKESMISAMQIN Properly Address/Location(s): - l3$55 Su&L i jji (4aar _ Turd Dik Q1 - FpRSTAFF.USE OteLY Tax Map&Tai:Lot i#(s). e4 2.5103 DDoOeo ;1 Case No.js): /+'1 At •) 2.m �' -ci Sire Size: L, r•G Applicartf`: } OUIler CAfeNb;(s)_. Address: pQ�? 23V log.. � ReceipiNo.; ��L— I ! City/State: — /L Zip: Q1,281'3467- ^PDI' `O p' EN: �� Primary Conte c 1 I GLt(1 Or 3 �y5 A?4 k2, I5/ {Date• '57 -2' p rv3�1 -4`.F l'1 Fax Sa3 ZVS-It.Fet9 Property Oweeri3ci d Irlolder(s)'; (Attach ft t r more then urea) POP` '�?�'�� ^ Itev_t Slooi i me•1J .1.�• J u X45 ------ - Address: ' 1113.C• Sy.\ Ma&t 1C1 _Phtxle: CityfState' Pla- L weir Qg _Zip: as l When the owner and the oppAcant we different people. the applicant must be the pureiaser of record or a lessee in possession with written QU1RED Slailfil rAL ELEMENTh authortbation from the owner or an agent of the owner. The owners) (Vete: applications will am be accepted must sign this applkalian R the specie provided on the back of this without the required subrwlttal dements) Form or submit a written authorization with this application. PRQPOSAL SUMMARY JI( Dr Application Form The owners d'record of the subject property request permission for a Minor Modllicadlon. To review a modification as a Minor a' Owner's Signature/Written Authorization Modification, the Dkeclor crust first find the t the expansion does not (4, Mlle Transfer instrument or Deed invoke one or more of the 11 criteria discussed within Section 18.120.070(9) of the Tigard Development Code. if the modification Er Site Development Plan (3 copies) exceeds the Maximum allowed under any one or more of the 1oltowln crUtarla, a Major Modification review Is required. Motor [�Site/Plot Plan(reduced 6'h-x 11'1 111 erica oral are processed In lire same manner is a new Stte f)cveioptetp l Ftevtew. In a separate letter, please address the a Applicants Statement(3 copies) criterei ��ellaiw covlalned it Section 1d.360.050(B)reduding a detailed (Asidess4ie Gera under section 4e.360 oso(a) response to each Crldxie. - — C 'FiRrlq Fee(City) St 00.00 I M Inman a drriti%wit dam /r Iii ea,entc lr re halal 1etel peticht (Litton) $236 00 2 A tear is*tare wreathe offlTwtanyegDeinIAD. 3 A deer Ow Ivrea alirewi soda pi*in aussence wth Chillier IL/i5_ 4 A image r tar,Ifita of anraewtel r iaisial teem at*Nei le the thulium Weir(Cosh, 5 le tame n riot Eae&et the Idalieng(f)by awe dm 2$54. In addition, the Director exist find that the L A dine in It cue sad boles.1 aeQa.als aria wan anu.exit oR kite Indic amid be proposed change complies with the underlying Aided. standards of the epplicsble zoning district. To 7. M i•creaat is .eiroetu walk to and from the teat ad increase can Dr esptewi it watt 160 complete this review, the Applicant's proposal elides pr aair. must include a discussion indicating how the IL An iaotaea ii i bt e.e Lea preheat le a wn.teiie.6al are try wart doe 10% ttdedrog kite extension wS continue to comply wli i the igaesww mew S,NO sawn be minimum setback.building height,parking land I. A rdeeai.e in*a as Mane/1r arms.pm rate ash r wale sign'pact that edam the landscaping standards. Other applicable Teas*ant am Woo Oa atidraa,rte/e1414 by art aide r mime tits ep.n eau arc y ma retguiremeets St/Ch as rn=nirfUnl Gear YISiOn dean m tenant areas neer driveways prod street ieterseetlehs 10. A hamlet e1 "Asa an.iain (n noosed haw. aMK. a44/o, lambda t pmf iem) may akso be applicable depending on where leis is neilars.ea atelWiled ily die taker If were than N'K eletet iptiiimi in Ms vita Phan. ' the building expansion es proposed to be I i. A ewfieatie.se die es.iaw igwi1 see Fire.l sec°este eves lean.appeal au we nu constructed on the site- dm stew al Levet 1 these 1Cgem May-08-02 08 : 08A P . 03 May-07-02 03: 52P z P. 03 APPUCANTrS: _ - To consider an application complete, you will need to submit ALL of the .OUIREDJil8M!ITAL ELEMENTS as described on'the front of this specatIon in the-Required Submittal'Elements"box. (Detailed Submittal Renulren ent information sheets can be obtained.upon request,for WI types of and Use Applications) THE APPLJCAXi'(S SHALL CERTIFY THAT: • Theabowreinquest does not violate any 4ee 1. h'icti9ns that _attaSbe4__t2 or imi>ooed upon the subject RIMMOU. • • If the appii :ion is granted. the applicant will exercise the rights granted in accordance with the terms and subject to au the conditions and limitations of the approval. • Aq at the above statements and the statements In the plot plan. attachments.and eidibits transmitted herewith, are hue: and the apprI a,ts so acknowledge that any permit issued, based on this apptication,may be revoked it it is found Mai any such statements are false. • The applicant has read time entire contents of the application. including the policies and criteria. and understands the requireflmin t.s for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this /a day of 73101- 20_0sa__ ? cow °wines's Signer sre J 'Owner's Signature __� Owner's Signature April 28, 2002 Applicant's Statement: The Community of Christ proposes purchase of the commercial property located at 13855 SW Pacific Hwy. The church is purchasing the property from the owner of the adjacent commercial shopping area. As part of the purchase and sales agreement(attached)the seller is granting reciprocal parking. No modifications, additions to the building, or new structures are proposed. 1. An increase in dwelling unit density or lot coverage for residential development. This criteria is not applicable as this request involves commercial uses. 2. A change in the ratio of number of different types of dwelling units. This criteria is not applicable as this request involves commercial uses. 3. A change that requires additional on-site parking in accordance with Chapter 18.106. The applicant will typically use this property on Sunday's between 8 AM and 1 PM,and after 6 PM Monday -Saturday. The required number of parking spaces to serve this facility is 29. Attached to this application is 1)site plan showing ownership of 30 parking spaces; 2)a reciprocal parking agreement between the Community of Christ(applicant)and D,W.Sivers Co.,owner of adjoining parcels; and 3)a letter referring to the parking agreement with Learning Tree Day Care Center and the Gaarde Park buildings. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The change in use requires no change to the B-2 occupancy classification. No building construction is required for occupancy. 5. An increase in the height of the building by more than 20 percent. Not applicable. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. No change in location of accessways or parking areas is requested. 7. An increase in vehicular traffic to and from the site, and the increase can be expected to exceed 20 vehicles per day. The change in ownership of this building will not increase vehicular traffic by more than 20 vehicles per day. 8. An increase in the floor area proposed for a non-residential use by more than ten percent, excluding expansions under 5,000 square feet. This request will not increase the floor area of a non-residential structure. 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 this code, or reduces the open space area by more than ten percent. Open space is not required as part of a commercial development. 10. A reduction of project amenities (recreational facilities, screening and/or, landscaping provisions) below the minimum established by this code,or by more than ten percent where specified in the site plan. No change to the project amenities are proposed. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of B.1 through 10 above of this subsection. If any further information is needed,or if you have any questions, please feel free to contact me at the number(s) listed on the application. 04/26/2002 09:36 BLUESTONE & HOCKLEY - 5032451449 NO.539 17006 ` . (•• • i,p d M pii,. • a . .� cre., .---..: - .. t.. ,,,,, . • 1 .: es...:.--..i-iN.',;_ • f 7.,:61-`;4110%. ..1 e • :,.-....t :fit.( •.) r' is‘4tir. II %XV ,...%` •-,-__146,/ „„, 0 .• .fie �.� s .14 ). :41. 1 a�.0� ��I ��. -ice- v 4-)yerillw s 1.• •'.....-_,. ..1.•! •,..... . . r � -..- '•_ 1..;.---• �- - •4 In • G 4 L • � ly aj • _ , 3 m' • r • 1.1.1 t. , .........4S Qa I • . 7 { i L,3k1.-2''d i lt1:� BLUEETUNE HOC:KLEY -, 5036266320 11.5 u,t,_2u of tvU.56? D0 17:51 FAN. 503223275u D4VS1VER 0002 RECIPROCAL EASEMENT AGREEMENT DATED: April 29, 2002 PARTIES: D W Sivers Company,Inc.,an Oregon Corporation("Sivers") AND: Community of Christ Church,("CCC") RECITALS: R-1. Sivers is the owner of the following described 1,14 acre parcel of real property situated in 'Nzshington County, Oregon(hereinafter called"Parcel 1"): PARCEL l: A tract of land situated in the Southeast quarter of Seorion 3,Township 2 South.Range 1 West,of the Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon, being deserted as follows: Eeginning as the intersection of the Westerly right of way line of Pacific klighway 99-W, with the Southerly line of that tract of load described in Deed to Lloyd Gilbertson and Darlene J.G 1bertsort.recorded March 11, 1976 in Book 1072,page 928.Records of Washington County,Oregon, said point being marked by an iron rod set in County Survey No. 18,525 by Gene Ginther;thence North 73°01'25"West along the South line cf said Gilbertson Tract,a distance of 267.53 feet to an iron rod set by Gene Ginther in County Survey No. l 8,525;thence continuing along the South line of said Gilbertson Tract,North 78'24'l0" West, a distance of 60.04 feet to an iron rod set by Gene Ginther in County Survey No. 18,525;thence North 28°47'40"West,a distance of 2.56 feet to an iron rod set by Jerry Marie in County Survey No 17,531;thence South G°27'30" West along the East boundary of GAARDE PARK,a plat of record,a distance of 212.33 feet to the Southeast comer of Lot 22,GAARDE PARK;thence South 89°42'East,a distan:e cf236.05 feet to apoint in the Westerly right of way line of Pacific Highway 99-W; thence North 33°57'00"East along said Westerly right of way line,a distacce of 146.13 feet to the point of beginning. R-2. CCC.is the owner of the following described 0.82 acre parcel of real property situated in Washir-gton County,Oregon (hereinafter called "Parcel 2"): PARCEL 2: A!Tact of land in Section 3,Township 2 South,Range 1 West,of the Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,more particularly described as follows: !Beginning at as iron pipe at the Northwest corner of that certain 5.826 acre tract of land conveyed by Teed to Walter A.and Amy Schult2 as recorded on page 2;"of Volume l$1 of Washington County,Oregon Deed Records,from which iron pipe the Southeast comer of Section 3,Township 2 South,Range 1 West,of the Willamette Meridian, is said to bear South 0° 11'Fast 434.67 feet and South 89°35'East 16.39 chains.The said point of beginning being also the rc-entrant corner of the tract of land as described in Deed Book 109,page 220. Deed Records of Wasbina on County, Oregon:thence from \'NT_SrvER sit,F.ASES\dooeword\DWSdoftc■Gaarde PlicIc\Christakreh.ourac Easement doc ?age 1 April 29,2002 �•`'U' 1a:<< BLL.JEETUNE 2, HUCKLE r SU3E26632U t;u.St i Ouu-i n4r29,Ut' 17:31 FA] 50322322750 I \'.SIVER X003 the above described point of beginning North 89°56'East along the Northerly line of the said Schultz Tract and the Southerly line of the most Easterly 5 acres oescribed in said Deed Book 109,page 220,a distance of 770.7 feet to an iron pipe on the Westerly boendary of the State Highway; thence South 33°20'West along the said Westerly boundary of the State Highway 107.3 feat to an iron pipe;thence South 89°ti6'West parallel with and 90 0 feet distance from the Northerly line of the said Schultz Tract 711.4 feet to an iron pipe on the Westerly line ofth:said Schultz Tract,thence North 0'04'West along said Westerly line a distance of 90.0 feet to the place of beginning. EXCEPTING THEREFROM the following described parcel: Situate in the Southeast one-quarter of Section 3,Township 2 South,Range 1 West,of tt.e Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,and being a part of that property described in Deed Book 909 on Faye 412,Deed Records of said county,said portion more particularly described as follows: ):eginnins at an iron rod with JSM cap set at the Southwest corner of this tract described said ccrtzcr being Norte,89°56'West 733,14 feet and North 0°27'30"East 344.67 feet from the Southeast Corner of said Section 3,a 112 inch iron pipe found;and running thence from said beginning point North 89°42'West on the South line of said tract 147.55 feet to the Southwest corner thereof;thence North 0° 18'East on the West line of said tract 9C.00 feet to the Northwest corner thereof;thence South 89'42'East on the North line of said tract 347.80 feet to an iron rod with JSM cap set at the Northeast corner thereof;thence South 00 27'30"West 90 00 feet to the point of beginning. R-3. Fat'cel 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 ;.cciditions contained herein. AGREEMENTS: A-1 1r■corporation of Recitals. The foregoing recitals are hereby incorporated. A-2 Easements. A-2-a. Easements from CCC to Sivers CCC 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,CCC grants 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. \INT SIVERS\LEASEStdoncwor:1DWSJJne\GsardcPac.ific',ClirutQwrch.Gaarrict;acmcrt.0ec Page 2 April 29.2002 `'�`'=fib`' 1O: BLUESTUNE i4 HUCKLEY 4 50:,e�26632a • r;0,5b7 U005 . U-1.29-'0;.,17:51 Fag 503.4np27F I)R'SIVER 121004 i i S ``e. '"I 1 CC c_ A-2-b. Easements from Sivers to CCC Sivers grants to CCC an easement for' gress, egress, r'kine,and pedestrian access that shall include its tenants,employees,invi es,visitors, assignees,and licensees for the purpose of vehicuLr and pedestri access to Parcel . and the improvements now or hereinafter s}ituated on Pa el 1 and for temporary parking in designated parking spaces in c fnection wi business uses, and for all other legal purposes connected with use of Par 12,to pass, and re-pass,along and over all driveways,roadways, king lots d sidewalks, and to park temporarily in designated par- g spaces, w existing or iiereuiafter constructed on Parcel 1. Additionally, grants ' •an easement for surface drairaee 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 nition of Common Areas. "Common Areas"as used herein shall mean all of Parcels I a.id 2 that are not improved with a structure. A-4 Easement to Run with the Land These easements shall run with the land and shall be binning 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 cosh thereof CCC shall pay 41.837°'o �1 0 vz Lhe ecst_thareefwithi usiness days of receipt of an invoice thereof,or, at Sivers o�- ? c—discretion, CCC shall pay an estimated monthly cost that shall be rei:onciled not less than one:yearly,refunding any overpayment or collecting any underpayment. A-6-a Parking lot sweeping i A-6-b Parking lot illumination , ` Z- 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 • V 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 Casts The parties agree that each party shall contract for the following work with r.st ect to the Common Areas separately and assume the cost thereof. A-7-a. Liability insurance for its portion of the Common Ai as. A-7-b. Landscaping cost for its portion of the Common Areas A-8 f nor Easements. These easements are granted subject to all prior easetr ents of teem d. kv-4 r s wags ILEAsEswonewgboW$3one,oaare.PacificV,riytchwrn,Gsude.Fa;cmcrLdoe Pnt,e 3 April 29,2002 O4 30/2002 10:27 BLUc57UIdE HOCK i 5U36266320 NU.567 DUUG • i a j 0 0 3 0;:2_i.U2 17:52 FILL' 50322327 DWSIVER A-9 A:to:acy Fees. In the event action is instituted to enforce any term of this agreement, the pre',ailing party shall recover from the losing party reasonable attorney fees incurred in such action a3 set by the trial court,and in the event of an appeal,as set by the appellate courts. If cith,tt Party signs as a corporation or partnership(collectively "entity"),each of the persons execur:.ng this Agreement on behalf of said entity does hereby covenant and warrant that said errity is culy authorized and existing,and has been, and is,qualified to do business in the state of Oregor.,that the entity has full right and authority to enter into this Agreement,and that each and ooth of the persons signing on behalf of the entity were authoriz,ed to do so. D W Sivers Company, Inc. Community of Christ Church Denni: W. Sivers,President Please print name,capacity STATE OF _ ) )ss. Country of _ ) The foregoing instrument was acknowledged before me this day of ,200_by Dentticj W. Sivers. Notary Public for STATE OF, ) • )ss. County of ) The forec ping instrument was acknowledged before me this day of , 200_by Notary Public for yNT ,SiVERSlLFA.S..F.1 new°RADWSchnelChar&Pu+fie'ClutsCCLurth_C32rdtl.Caseraentdoc rage a *pal 29,2002 WESTWOM CORPORATION Developers&Contractors • March 24, 1987 3030 S W. Moody Avenue Portianrt.OR 97201-4897 503 222-2000 To: City of Tigard Planning Department LEARNING TREE DAY CARE CENTER • 13815 S.W. Pacific Hwy. Learning Tree Day Care Center is a 6, 240 square foot wood frame building. The daycare is to be locatad at the site of an existing center called Gaarde Park which is at 13815 S.W. Pacific Hwy. , Tigard, Oregon. 1 Access is off Pacific Highway. There are two existing approaches onto the property which are both two-way. No • additional roadwork is necessary to add the daycare to the center. The only paving necessary will be an approximate area of 50 ' x 80' directly in front of the daycare, and a portion of this area will be a landscape planter with t':ree parking stalls. There is a cross over agreement for parking. Everyone at the center has access to the parking stalls as shown on the site plan. There is parking in front of the two Gaarde Park buildings with an additional employee parking area behind the • center. There is water and sewer available to the site. A new water meter will be installed for the daycare. Sewer will be tied into existing main at the wost property line of the center. Betty Wolla, Development roject Manager - S • • 04. 26:2002 BLUESTONE 2 HOO LE'r' -. 5032451449 NO.539 D002 I, k K L rt_ Title Order No. 874904 r _i ` Escrow No. 99160204 Ln After recording relunt tel D.W.Sivkzs CO. lA) • 4730 SW Mead=Ave.Suite 101 ,��+�� Purtland,OR 97201 . Until a change Is regeested all to statements I shall be sent to the following address. Ral Estate Exchange,Inc. 4730 SW Maeadartt Ave.,0I01 Portiand,OR 97201 mg e/ le% STATUTORY WARRANTY DEED pfl' Empire Enterprises,Inc.,en Oregon corporation,Grantor,conveys and warrants to D.W. Sirens Co., an Oregon corporation, Grantee, the following described real property free of lions and encumbrances, e meet as spociftcally set forth herein: 2 x Sea attached legal description attached hereto and marked as Exhibit A This property is free of liens and encumbrances,EXCEPT Easement recorded June 26,1952 in Book 334,Page 130. Limited access provisions contained in Deed to the State of Oregon by and through its State Highway CottnesaiOD recorded Juno 26, I 952in Book 334.Page 130. Easement as recorded October 16,1952 in Book 338,Page 12 Limited access provisions contained in Deed to the State of Oregon by and through its State Highway Conuression recorded October 16,1952 in Book 338,Page 12. Easement as recorded February 22,1980 as Fee no.80006033. Setback provisions as=attained in Boundary Line and Sewer Easement Agre=recorded February 22, 1980 as Fee co.80006033. Reciprocal Easement Agreement ss recorded February 17, 1982 as Fee no. 82003922, and modified by instrutnertt recorded August (7,1983 as Foo no 83029963. '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. /AND TO true eonsde scion for this conveyance iB S 1,740,000.00 as¢¢¢�����yyyyyy as accoaunodger pursuant to an IRC 1031 totchaage. ,`� 3/7410 i ICY 5 COUNTY .OD 4./7, Dated this IS-Cray of June, 1999. ,, ,, erne _ Dart; F11B'E ENTERP�`j�TSj�S,INC. by: �• ••••• ll � Yang-Jun Shin,President 04/26/2002 09:36 BLUESTONE S. HOCt/LE'r 5032451449 NO.539 0003 1 I STATE OF OREGON } County of Multnomah } Ss' This instrfiment was acknowledged bofonc run OA Junc(S1,`1499, by Yang-Jun Shin as President of Empire Enterprises,Ina.an Oregon corporado4 on behalf of the corporation. . ItpotifOtt �C g � �Oregon My Commission nsireg adrialMigle4 ..0.� r---------ownoAent o onaaalOM WWI wa u,aow 5 3 1 . ... . , leg 04,26`�Q02 09:36 BLUESTONE c: HOCKLEy -* 5032451449 NO.539 P004 1 Order No 874904 DO1181T'A' PARCLI A taut of land situated in the Southeast quarter of Section 3,Township 2 South,Rango 1 West,cl the Wiparriotte Marti lam In the City of Td flsrd away of Waahkrpton and state of Oregon.being daorfbed as .tdloww �-+ 8eq{nrtir�at the Inra,eerxion of the Vforde ty tint of way Ilno of Facto Highway But-W,wltht the Southerly line of Oat tract of land deserted in Deed to Uoyd Manson and Oaten J,Gilbert:0n.recorded Math 11,1976 In Book 1072,page 1128,Records of Washington Courtly,Oregon,eta point being marked by an on rad eat In County Survey No.1.628 by Gene GInthar thence flarth 73•01'26'West along the South One of fall(3tbertson Tract,a diatoms of 28958 feet to an Iron rod oft by Gene Glnthter k County Survey No. 1806. thence continuing Wong the South line of odd Olbertoon Tract North t8'0410•West a reste+ae of$0.04 feet to an Into rod eft by Gene Mother In County Survey No. 1805.thence North 2944710`Wes a dat:toe of tea fait to an iron red set by Jerry Marts in County Survey Na 17,531: thence South 0'2710'Wont along the Law boundary of i3AARDE PARK a plat of record,a detente of 217.83 test to t'w$ottheeat owner of Lot 22,SAARCE PARK;thence South 69'47 East,a dlotance of _. 83608 feet to a paint In the Weak ly right of way One of Pectic Nlottway 981Ah,thence North 9a•6T00'East along said Westerly tight of way Ons,a distance of 146.13 feet to the point of bedntHnp• fAPC ,iL A tact of lend In 8erxlon 3,Township 2 Senn.Range 1 Wed,of the Wllarnedo Menden,In the City of Tigard,County d Weshhpton and sate of Oregon,more paRhcukarfy deserted as follows! Beginning at an ban pipe at the Northwest corner of that certain 3.828 acre trail of lend corweyed by Deed to Waiter*.and Arny 6rltuttz as recorded on pogo 257 of Volume 181 of Waafhhgton County,Oregon Deed Records,from Much iron pipe the Southend corner of Secret 1,Townatdp 2 South,Range 1 Weft of the Afttemoiie McAdlan,to said to bear South 0.11'East 434.87 feet and South 89.36'East tale chains. The saki point of begirding betng ako the reentmu caner oaths tract of land as deserted In Deed Book 109. (rags 220, Deed Records of Washington County, Oregon;thence from the above described point a begitxdt g North 89'68'East along tea northerly the of the said Server Trae and the Southerly One of the most Eeatariy 6 scree closeted kt said Deed Book 109,page 220.a dtstanca of 770.7 feet to an Iron pipe on the Widely boundary of the Stele Highway:thence Sarah 33'20' West slang tho said Wetted! boundary of the State Highway 107.8 fest to an Iron pipe;thence South Br CB'West mead with and 90, feet distance from the Northerty One of the said Schutt Treof 711.4 feat to an Iron pipe an the Westtufy line d the said Schdfz Tract;thence North 0'04'West along said Westerly tins a&mace of a0.0 feet to the *CO of beginning. EXCEPTING TH ROM the tolleralg described parcel: Stuate in the Southeast Onetittarter of SectIOn 3,Township 2 South, Range I West, d the WItarnetts Meridian,In the shy of Tigwd,Oxley d Washington and Stated Oregon,and betnp a part of that property des41bed In Deed Book 909 on page 412.Deed Records of sold county,said portion more pwtiorlarY doxrtbed ea follows: Beginning at en ken red with.ISM cep eel at the Southeast catty of this tract deserted said corner being North 09'68'Waal 735.14 feet and North 0'27'30' East 344.67 feet from the Southeast corner of said Section 3,a ye Moh ken pipe found:are running thence ham said beginning point North 88"47 West on the South lets of said tract 34785 lead to the Southwest owner thereof;thence North of t6'East on the West .tine of said tract SO-00 feat to the Northeast corner thereof:thence South 89'42'East on 016 North Ilene of said tract 347.B0 teem an Iron rod eRtt JSM cap ass et the Northeast corner thereof;thence South 0.27'30' West 90.00 teat to the paint of beginning. 04/26/2002 12:29 BLUESTONE & HOCKLEY -; 5032451449 NO.543 D004 EXHIBIT "A" (Parcel A) Legal Description A tract of land in Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Beginning at an iron pipe at the Northwest corner of that certain 5 .826 acre tract of land conveyed by deed to Walter A. and Amy Schultz as recorded on Page 257, Volume 181, Washington County, Oregon Deed Records, from which iron pipe at the Southeast corner of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, is said to bear South 0°11' East 434.67 feet and South 89°35' East 16 .39 chains. The said point of beginning being also the re-entrant corner of the tract of land as described in Deed Book 109, Page 220, Deed Records of Washington County, Oregon; thence from the above described point of beginning North 89°56' East along the Northerly line of the said Schultz tract and the Southerly line of the most Easterly S acres described in said Deed Book 109, Page 220, a distance of 770.7 feet to an iron pipe on the Westerly boundary of the state highway; thence South 33°20' West along the said Westerly boundary of the state highway 107 .8 feet to an iron pipe; thence South 89°66' West parallel with and 90 .0 feet distant from the Northerly line of the said Schultz tract 711.4 feet to an iron pipe on the Westerly line of the said Schultz tract; thence North 0°04' West along said Westerly line 90 .0 feet to the point of beginning. EXCEPTING THEREFROM the following described parcel: Situated in the Southeast one-quarter of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and being a part of that property described in Deed Book 909, Page 412, Deed Records od said county, said portion more particularly described as follows: Beginning at an iron rod with JSM cap set at the Southeast corner of this tract described, said corner being North 89°56' West 735.14 feet and North 0°27'30" East 344.67 feet from the Southeast corner of said Section 3, a one-half inch iron pipe found; and running thence from said beginning point North 89°42' West on the South line of said tract 347.55 feet to the Southwest corner thereof; thence North 0°18' East on the West line of said tract 90.00 feet to the Northwest corner thereof; thence South 89°42' East on the North line of said tract 347. 80 feet to an iron rod with JSM cap set at the Northeast corner thereof; thence South 0°27'30" West 90.00 feet to the point of beginning. 04/2672002 12:29 BLUESTONE & HOCKLEY - 5032451449 NO.543 D007 LIST OF EXISTING TENANTS IN 13815 SW PACFIIC HWY,TIGARD (PARCEL B) #100 Rainbow West Books&Christian Supplies #90 Vacant #80 Java Juice Smoothies #70 Artisan Nails #60 Petal Patch Flowers #50 Asabache Mexican Family Restaurant #40 H&R Block #30 Plaza Hair Care #10 Frocks&Britches Children's Clothes 04. 26. 2002 12:29 BLUESTONE u HOCKLEY 5032451449 HO.54:-.; D006 • ATTACHMENT I roo CIO w .00 1•1 ee ° M• • N Y 412 413 414 415 416 417 • 43a 434 437 2 = ; E. • _ 2 6 s 5 4 _ 3 2 z 2 1 ' i 3 _ 2 1a C 0 T U 1 f- : r? 3 T 3 : 112 t. vj 2 - .111196166 16696 uu• 190 4 •w-.-I 110 131.118 • 434 w' ri1 422 421 420 p 419 418 2 i0 11 •.. 12 • 13 '0 14 ': r IS ! Z - 1 3r .. 433' . 're. • tC5.4.,120$21 rr1- e•, + FAIRHAVEN .4. • w 'OP .v.: -a- 1i•J• ,•,e .,, 432 -�d' • t s•�'c 427 428 429 430 ±431 , — — ____ ' 4 ao. 8 7 • 1! r to : 6 9 e47 e7•• • rte-"EC rt(S r 700 `— -- — — — ---. A 0 1302 •• x,100 .•• r.. 43� -.. °. •••. ••N.4. _ r - ..ask , 33 ; 29 1 zs . z7 s -- _ _,,Parcel B 3 s.- rQ wo • 4•s 4410 _ • _ >.>s .� p MC? �' r�n� a1 'T �0 , ti 1 300 6600 "� J 1 `g g Parcel B ykV BUTTE N4 • = 3200 3 5300 . Q R 20- 21 a �� S i i 36 •••4e' :rr A R r 1 . ... • lees 3300 900 Pe_;ce1 A A_ t 4'w "2 5400 a , 16 -ft 23 i 74 sxo w,ce xoa . _ 1201 R O ' 27//r. r /� n (� r o I � 40 1 39 30 S 3200 ' < 1100 •are ro 16.011 �k i 6 ! � .� QV' ' 4\ - C _ �� GARDEN 3100 P CO4' m 10 100 00 . 2100 3600 2 •700 • •I•• 1°°'" 4 •S 1 PA c IC `I .i 3000 '--.411sIT 236.06 16.2200 t e. 2'300 2300 ■ ,- '*acre• i p• 6.P 1200 6 . I 6 9 - 2 1r I S6. 4. .mc. 1ep - 104 . 9 6.:�•Uj *' t z` y #fr 300 7 2400 '° �o r t , St� FT +k� Sit s McOLD D ROAD • ' w4w• ) � memo__ RpF / • 01: SEE NAP Q</rV) zs I 10AZ 1 THIS MAP IS MADE SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING SAID PREMISES,AND THE N COMPANY ASSUMES NO LIABILITY FOR VARIATIONS,IF ANY,IN DIMENSIONS,AREAS,AND LOCATIONS 4 ASCERTAINED BY ACTUAL SURVEY. • REAL ESTATE PURCHASE AND SALE AGREEMENT Dated: 04/02/02 BETWEEN: D.W. Sivers Co. ("Seller") AND: Community of Christ Church ("Buyer") EARNEST MONEY AGREEMENT Buyer agrees to buy and Seller agrees to sell, on the following terms, the real property and all improvements thereon (the "Property") commonly known as N/A and located at 13855 SW Pacific Hwy in the City of Tigard, County of Washington, Oregon legally described as follows: an approximately 6240 sf one story office building, Tax Lot #2S103DD00900, legal to follow $725,000 1. PURCHASE PRICE. The total purchase price is Seven Hundred Thousand Dollars=q0OMEIE)) payable as follows: Cash down at closing . Any earnest money paid to Seller shall be credited against the purchase price. In addition to the Purchase Price, the Buyer shall give to Seller a Gift Letter in an amount to be determined. 2. EARNEST MONEY RECEIPT. Upon execution of this Agreement, Buyer shall pay Twenty Thousand Dollars ($20,000) as earnest money (the "Earnest Money") in the form of cash or n check or ® promissory note. If the Earnest Money is in the form of a promissory note, it is due and payable : n upon execution of this Agreement by Buyer and Seller or ® upon satisfaction or waiver by Buyer of the conditions to Buyer's obligation to purchase the Property set forth in this Agreement or n other: 3. CONDITIONS TO PURCHASE. Buyer's obligation to purchase the Property is conditioned on the following: Buyer's approval of the results of its property inspection and document inspection described in Sections 4 and 5 below. If buyer has not approved the results of Buyer's property and document inspections by written notice given to Seller within 30 days after the Execution Date (defined below), the Agreement shall be terminated, and the Earnest Money shall be promptly returned to Buyer. 4. PROPERTY INSPECTION. Seller shall permit Buyer and its agents, at buyer's sole expense and risk, to enter the Property, at reasonable times after reasonable prior notice to Seller and after prior notice to the tenants of the Property as required by the tenants' leases, to conduct inspections, tests, and surveys concerning the structural condition of the improvements, all mechanical, electrical and plumbing systems, hazardous materials (Environmental Level I and Level II site assessments), pest infestation, soils conditions, wetlands, American with disabilities Act compliance, and other matters affecting the suitability of the Property for Buyer's intended use and/or otherwise reasonably related to the purchase of the Property. Buyer shall indemnify, hold harmless, and defend Seller from all liens, costs, and expenses, including reasonable attorneys' fees and experts' fees, arising from or relating to Buyer's entry on and inspection of the Property. This agreement to indemnify, hold harmless, and defend Seller shall survive closing or any termination of this Agreement. 5. SELLER'S DOCUMENTS. Within 10 days after the Execution Date, Seller shall deliver to Buyer, at Buyer's address shown below, legible and complete copies of the following documents and other items relating to the ownership, operation, and maintenance of the Property, to the extent now in existence and to the extent such items are within Seller's possession or control: A) All books, records, income and expense reports, operating statements for 1999, 2000, and 2001 . B) All utility bills for the past six months including Water, Sewer, Garbage, Electric, Gas, etc. C) Current Rent rolls, leases and rental agreements for all units. D) All maintenance agreements for the Property, if any. E) All warranties and guarantees on the Property, if any. F) Copies of any underlying notes, liens or mortgages on the Property. G) Inventory list of personal property included in the purchase price, if any. H) Complete list of all refundable and non-refundable tenant and/or cleaning deposits, if any. I) Copies of all leases for leased equipment used in the operation of the Property, if any. J) Any notices Seller may have received from any governmental agency, including reports, plans, specifications, drawings, and permits, if any, in Seller's possession or control related to the Property. Buyers Initials 4tS cono�� I,,;.;sic `ICJ 6. ' TITLE INSURANCE. Within 10 days after the Execution Date, Seller shall deliver to Buyer a preliminary title report from the Title company (the "Preliminary Commitment"), together with complete and legible copies of all documents shown therein as exceptions to title, showing the status of Seller's title to the Property. Buyer shall have 10 days after receipt of a copy of the Preliminary Commitment within which to give notice in writing to Seller of any objection to such title or to any liens or encumbrances affecting the Property. Within 10 days after the date of such notice from Buyer, Seller shall give Buyer written notice of whether it is willing and able to remove the objected-to exceptions. Within 10 days after the date of such notice from Seller, Buyer shall elect whether to purchase the Property subject to the objected-to exceptions which Seller is not willing or able to remove or terminate this Agreement. On or before the closing Date (defined below), Seller shall remove all exceptions to which Buyer objects and which Seller agrees Seller is willing and able to remove. All remaining exceptions set forth in the Preliminary Commitment and agreed to be buyer shall be "Permitted Exceptions." The title insurance policy to be delivered by Seller to Buyer at closing shall contain no exceptions other than the Permitted Exceptions and the usual preprinted exceptions in an owner's standard form title insurance policy. 7. DEFAULT; REMEDIES. If the conditions, if any, to Buyer's obligation to close this transaction are satisfied or waived by Buyer and Buyer nevertheless fails, through no fault of Seller, to close the purchase of the Property, Seller's sole remedy shall be to retain the Earnest Money paid by Buyer. In the event Seller fails, through no fault of buyer, to close the sale of the Property, Buyer shall be entitled to pursue any remedies available at law or in equity, including without limitation, the remedy of specific performance. 8. CLOSING OF SALE. The sale shall be closed ® on or before May 31st 2002 or ❑ days after the Execution Date (the "Closing Date") in escrow at the Title company. The sale shall be "closed" when the document conveying title is recorded and funds are disbursed to Seller. At closing, Buyer and Seller shall deposit with the title company all documents and funds required to close the transaction in accordance with the terms of this Agreement. At closing, Seller shall deliver a certification in a form approved by Buyer that Seller is not a "foreign person" as such term is defined in the Internal revenue Code and the Treasury Regulations promulgated under the Internal Revenue code. If Seller is a foreign person and this transaction is not otherwise exempt from FIRPTA regulations, the Title Company shall be instructed by the parties to withhold and pay the amount required by law to the Internal Revenue Service. At closing, Seller shall convey fee simple title to the Property to Buyer by ® statutory warranty deed or ❑ (the "Deed"). If this agreement provides for the conveyance by Seller of a vendee's interest in the Property by a contract of sale, Seller shall deposit with the Title company (or other mutually acceptable escrow) the executed and acknowledged Deed, together with written instructions to deliver such deed to Buyer a standard form owner's policy of title insurance in the amount of the purchase price insuring fee simple title to the Property in buyer subject only to the Permitted Exceptions and the standard preprinted exceptions in a standard form policy. 9. CLOSING COSTS; PRORATES. Unless otherwise provided in a separate written agreement, the real estate commission is due on the closing Date or upon Seller's breach of this Agreement, whichever occurs first. Seller shall pay the premium for the title insurance policy which Seller is required to delivery pursuant to the above paragraph. Seller and Buyer shall each pay one-half of the escrow fees charged by the title company, any excise tax, and any transfer tax. Real property taxes for the tax year in which the transaction is closed, assessments (if a Permitted Exception), personal property taxes, rents on existing tenancies paid for the month of closing, interest on assumed obligations, and utilities shall be prorated as of the closing Date. Prepaid rents, security deposits, and other unearned refundable deposits regarding the tenancies shall be assigned and delivered to Buyer at closing. The Property ® does not n does qualify for a special tax assessment or deferral program as follows: 10. POSSESSION. Buyer shall be entitled to exclusive possession of the Property, subject to tenancies existing as of the closing Date, ® on the Closing Date or f 1 1 . CONDITION OF PROPERTY. Seller represents that, to the best of Seller's knowledge, there are no pending or threatened notices of violation of any laws, codes, rules, or regulations applicable to the Property ("Laws"), and Seller is not aware of any such violations or any concealed material defects in the Property. Risk of loss or damage to the Property shall be Seller's until closing and Buyer's at and after closing. No agent of Seller nor Buyers Initials 41/5 conarc any agent of Buyer has made any representations regarding the Property. The real estate licensees named in this Agreement have made no representations to any party regarding the condition of the Property, the operations on or income from the Property, or whether the Property or the use thereof complies with laws. Except for Seller's representations set forth in this Section 11, Buyer shall acquire the Property AS IS" with all faults and Buyer shall rely on the results of its own inspection and investigation in Buyer's acquisition of the Property. 12. PERSONAL PROPERTY. This sale includes the following personal property: C. or ® the personal property located on and used in connection with the Property and owned by Seller which Seller shall itemize in a schedule. Seller shall deliver to Buyer such schedule within 10 days after the Execution Date. 1 3.AGENCY DISCLOSURE. The following agency relationship(s) in this transaction is (are) hereby consented to and acknowledged: (a) ® Peter Clarke, Bluestone & Hockley Realty (selling real estate licensee) is the agent of (check one): ® Buyer exclusively as an agent of Buyer; n Seller exclusively as an agent of Seller; ❑ both Seller and Buyer as set out in the in-company agreement. (b) ® /Gary Surgeon, Commercial Realty Advisors (listing agent if not the same as selling agent) is the agent of (check one): ® Seller exclusively as Seller's agent; ❑ both Seller and Buyer as set out in the in-company agreement. (c) ❑ (real estate licensee) is the agent of both Seller and Buyer in a limited dual agency relationship pursuant to separate agreement. ACKNOWLEDGED • Buyer J Date ' Seller Date �t /—� / c 7 //d..2_ Buyer Date Seller Date Designated Broker(s) Initials 14. NOTICES. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement must be in writing and signed by the party to be bound. Any time limit in or applicable to a notice shall commence on the day following mailing of the notice in the U.S. mails, postage prepaid, by the applicable party to the address of the other party shown in this Agreement, unless that day is a Saturday, Sunday, or legal holiday, in which event it will commence on the next following business day. 15. ASSIGNMENT. Buyer ® may assign ❑ may not assign, if the assignee is an entity owned and controlled by Buyer (may not, if no box is checked) this Agreement or Buyer's rights under this Agreement without Seller's prior written consent. 16.ATTORNEYS' FEES. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, including without limitation any proceeding under the U.S. Bankruptcy code, is instituted, or the services of any attorney are retained, to interpret or enforce any provision of this Agreement or with respect to any dispute relating to this Agreement, the prevailing party shall be entitled to recover from the losing party its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith. In the event of suit, action, arbitration, or other proceeding, the amount thereof shall be determined by the judge or arbitrator, shall include fees and expenses incurred on any appeal or review, and shall be in addition to all other amounts provided by law. 17. STATUTORY LAND USE DISCLAIMER. THE PROPERTY DESCRIBED IN THIS INSTRUTMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND Buyers Initials /tt-LS Cnllnrc Inirinlc � • USE LAWS AND REGULATIONS, WHICH, IN FARM AND FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. 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 APROVED USES WITH THE APROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. 18. MISCELLANEOUS. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which together shall constitute one and the same Agreement. This agreement contains the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements between them with respect thereto. Without limiting the provisions of Section 15 of this Agreement, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. The person signing this Agreement on behalf of buyer and the person signing this Agreement on behalf of Seller each represents, covenants and warrants that such person has full right and authority to enter into this Agreement and to bind the party for whom such person signs this Agreement to the terms and provisions of this Agreement. This Agreement shall not be recorded unless the parties otherwise agree. 19. ADDENDUMS; EXHIBITS. The following named addendums and exhibits are attached to this Agreement and incorporated within this Agreement: ❑ none or ® Gift Letter from Buyer to follow. 20. TIME FOR ACCEPTANCE. Seller has until 5:00 p.m. Pacific Time on Thursday 04/04/02 to accept this offer. Acceptance is not effective until a copy of this Agreement which has been signed and dated by Seller is actually received by Buyer. If this offer is not so accepted, it shall expire and the Earnest Money shall be promptly refunded to Buyer. The Parties hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation, and provision of the earnest money agreement. Buyer acknowledges that time is of the essences, and agrees to use its "best effort" to conclude the transaction contemplated by this Agreement at the earliest possible time. 21 . SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms and conditions in this Agreement and further agrees to pay a commission in the total amount computed in 1� accordance with the listing agreement or other commission agreement. If there is no written listing agreement '-Ly or other commission agreement, Seller hereby agrees to pay a commission of ® Six percent (6%) of $725,000 X N). If the Earnest Money is forfeited and retained by Seller in accordance with this Agreement, in adc,tion to any other rights the listing agent may have, the listing agent shall be entitled to fifty percent (50%) of the Earnest Money, not to exceed any agreed commission, and Seller hereby assigns to the listing agent such amount. 22. CONFIDENTIALITY. Seller, Buyer, and all other employees, accountants, attorneys and consultants shall treat the earnest money agreement and all other information obtained or exchanged in connection therewith as confidential, and shall not disclose the terms of this earnest money agreement, including specifically, the sale price for the property, or any information relating thereto, to any person, other than the entities engaged to assist in the consummation of the agreement, such as a title company. If the transaction is not completed as provided herein, then the Parties shall return to one another all of the documents and information delivered in accordance with the earnest money agreement. 23. EXECUTION DATE. The Execution Date is the later of the two dates shown beneath the parties' signatures below. 24. ENCUMBRANCES. Seller agrees not to encumber the property from date of complete execution forward by financing, leases, or lease modifications after acceptance of this offer, without prior written approval of the purchaser. Buyers Initials /1-15 cono., i,:.:=lc 25. INSURANCE. Seller shall maintain adequate insurance coverage on the subject property through and including the day of closing. 26. EXCHANGES. N/A 27. CONTINGENCIES. Contingent upon 1) Seller granting Buyer reciprocal parking easements on his adjoining property to the west, and when combined with the parking onsite, satisfies the City of Tigard Planning Dpt, 2) City of Tigard Planning Dpt approving the proposed use as a Church as to setback requirements and any other Use or Zoning restriction, 3) Existing tenant in building vacating premises by date of close. 4)Approval of the officers of the Community of Christ Church and its congregation (5) Seller's lender agreeing to partial pay down of seller's mortgage to accommodate the sale of lot 2S103DD00900 without additional penalty. The amount of such pay down shall be determined solely by Seller. CONSULT YOUR ATTORNEY. THIS DOCUMENT HAS BEEN PREPARED FOR SUBMISSION TO YOUR ATTORNEY FOR REVIEW AND APPROVAL PRIOR TO SIGNING. NO REPRESENTATION IS MADE BY THE REAL ESTATE LICENSEES NAMED IN THIS AGREEMENT AS TO THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF THIS AGREEMENT. Buyer: OK Seller: l n C".4,U.°A.:0 Community of Christ Church By Ann Short By Anne Sivers Title Site Committee Title Corporate secretary Execution Date //2231,,I'&2_- Execution Date 4/7/02 Time O / 4 Time 9 am Home Phone 503-657-4974 Home Phone Office Phone 503-997-4010 Office Phone (503) 223 2680 x109 Fax Phone 503-650-0215 Fax Phone 0503) 223 2750 Address 95321 Windsor Terrace Address 4730 SW Macadam AvP_ , Sni to 101 Address West Linn, OR 97068 Address Portland,__OR 97_2_01 ALL PARTIES ACKNOWLEDGE THAT THE USE OF FAXED SIGNATURES WILL BE RECOGNIZED AS BINDING Buyers Initials S Cunarc in;tinic • AGENCY DISCLOSURE ACKNOWLEDGMENT (Oregon) SELLER (A)INITIAL ACKNOWLEDGMENT OF SELLER&SELLER'S LIMITED AUTHORIZATION REGARDING IN COMPANY SALES. By my signature below,I acknowledge: (1) I have received and read and I understand the material set out on the next page of this disclosure form. (2) I understand that a sellers agent,including a listing real estate licensee,is the agent of the seller exclusively,unless the seller and the buyer otherwise agree. (3) I understand that,unless otherwise disclosed in writing,all real estate licensees including real estate licensees participating in a multiple listing service are agents of the seller exclusively. (4) I understand that a buyer's agent is the agent of the buyer exclusively. (5) A situation may arise wherein the licensee I have hired to be my agent may also be the agent for the buyer who wishes to acquire my real property. (6) If this situation arises,I authorize my agent to act as an in-company agent for that specific real property after making a reasonably diligent effort to contact me in order to obtain my consent. (7) I have read and understand the"in-Company Sales"section on the next page of this form. (8) The following information,which has previously been disclosed by the seller to the agent,is confidential and is not to be disclosed to the buyer: (9) I'undcrstand that (name of Real Estate Licensee)of Bluestone&Heckle),Realty,Inc.,the agent presenting this form to me,is(check relationship): ❑MY AGENT AS A SELLERS AGENT. ®AN AGENT AS BUYER'S AGENT. BUYER (B)INITIAL ACKNOWLEDGMENT OF BUYER&BUYER'S LIMITED AUTHORIZATION REGARDING IN COMPANY SALES. By my signature below,I acknowledge: (1) I have received and read and I understand the material set out on the next page of this disclosure form. (2) I understand that a seller's agent,including a listing real estate licensee,is the agent of the seller exclusively,unless the seller and the buyer otherwise agree. (3) I understand that,unless otherwise disclosed in writing,all real estate licensees including real estate licensees participating in a multiple listing service are agents of the seller exclusively. (4) I understand that I may engage my own agent to be my buyer's agent. (5) A situation may arise wherein the licensee I have hired to be my agent may also be the agent for the seller of specific real property I wish to acquire. (6) If this situation arises,I authorize my agent to act as an in-company agent for that specific real property after making a reasonably diligent effort to contact me in order to obtain my consent. (7) I have read and understand the"in-Company Sales"section on the next page of this form. (8) The following information,which has previously been disclosed by the buyer to the agent,is confidential and is not to be disclosed to the seller: (9) I understand that Peter Clarke(name of Real Estate Licensee)of Bluestone&Hocldey Realty,Inc.,the agent presenting this form to me,is(check relationship): ®MY AGENT AS BUYER'S AGENT. ❑AN AGENT OF THE SELLER (C)UNDERSTOOD AND AGREED:�Circle applicable title Buyer/Setter- C// ` - `,��� �/Lff� Date: Signature(Please sign and print name) Buyer/St tla Date: Signature(Please sign and print name) AGENT TO SIGN AND DA G Real Estate Licensee: Date: y/ O Srgata.(Please ngn and print name) Name of Real Estate Firm: BLUESTONE&HOCKLEY REALTY,INC. Buyers Initials teZ call/arc Initinlc DISCLOSURE REGARDING AGENCY RELATIONSHIP(S) (As required by Oregon Revised Statutes Chapter 696) An agency relationship arises whenever two persons agree that one is to act on behalf of the other and in accordance with the other's directions.The creation of an agency relationship imposes certain legal duties on the agent. Before a seller or a buyer enters into a discussion with a real estate licensee regarding a real property transaction,the seller and the buyer should each understand what type of agency relationship or representation the buyer and the seller may have with each agent in that transaction. SELLER'S AGENT An agent who acts under a listing agreement with the seller acts as the agent for the seller only.A seller's agent has affirmative obligations(under 1993 Oregon laws Ch.570 Sec.3): (1) To the seller:The fiduciary duties of loyalty,obedience,disclosure,confidentiality,reasonable care and diligence,and accounting in dealings with the seller. (2) To the buyer and to the seller:Honest dealing and disclosure. BUYER'S AGENT A real estate licensee other than the seller's agent can agree with the buyer to act as the agent for the buyer only.In this situation,the buyer's agent is not representing the seller,even if the buyer's agent is receiving compensation for services rendered,either in full or in part,from the seller or through the seller's agent.A buyer's agent has the affirmative obligations(under 1993 Oregon laws Ch.570 Sec.4): (1) To the buyer:The fiduciary duties of loyalty,obedience,disclosure,confidentiality,reasonable care and diligence,and accounting in dealings with the buyer. (2) To the buyer and to the seller:Honest dealing and disclosure. IN-COMPANY SALES (1) A licensee,acting either alone or through one or more licensees within the same real estate organization may give limited representation to both the seller and the buyer in a real estate transaction. (2) In an in-company agreement,the agent acting as an in-company agent has the following affirmative obligations to both the seller and the buyer: (a) Loyalty,obedience,disclosure,confidentiality and accounting in dealings with both the seller and the buyer.HOWEVER,IN REPRESENTING BOTH THE SELLER AND THE BUYER,THE LICENSEE SHALL NOT,WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE RESPECTIVE PERSON,DISCLOSE TO THE OTHER PERSON: (i) That the seller will accept a price lower than or terms less favorable than the listing price or terms;or (ii) That the buyer will pay a price higher than or terms more favorable than the offering price and terms;or (iii) Other than price and terms,confidential information specifically designated as such in writing by the buyer or seller as set out on the front of this disclosure form or attached to it. (b) Reasonable care and diligence. (c) Honest dealing. SELLERS AND BUYERS None of the foregoing duties of the agent in a real estate transaction relieves a seller or a buyer from the responsibility to protect the seller's or buyer's own interests respectively.The seller and the buyer should carefully read all agreements to assure that the agreements adequately express the seller's or the buyer's understanding of the transaction. THE ACTS OF THE AGENTS MAY CAUSE LEGAL LIABILITY TO THE PRINCIPALS.A REAL ESTATE LICENSEE IS QUALIFIED TO ADVISE ON REAL ESTATE;IF YOU DESIRE LEGAL ADVICE,CONSULT A LAWYER Buyers Initials 'I'S Coflnro In 7t�alc �� PROMISSORY NOTE Date: 03/18/02 Amount of Note: $20,000 (Twenty Thousand Dollars) On demand, I(we), jointly and severally, promise to pay Bluestone & Hockley Realty Client Trust Account at 3835 SW Kelly Ave., Portland, OR 97201 as earnest money to be used in the real estate purchase for the property located at 13855 SW Pacific Hwy,Tigard, Oregon. The rate of interest of the note is 8%per annum from time of default until paid. If the maker of this note fails to perform in accordance with the terms and provisions set forth in the attached Real Estate Purchase and Sales Agreement, principal and interest, at the option of the holder of this note, shall become immediately due and payable. Any part hereof may be paid at any time without penalty. If this note is placed in the hands of an attorney for collection, or turned over to a collection agency, I/we promise and agree to pay the holder's reasonable attorney's fees and/or collection costs, even though no suit or action is filed hereon. If a suit or action is filed, the amount of such attorney's fees shall be fixed by the court or courts in which the suite or action, including any appeal therein, is tried heard or decided To be redeemed upon waiver of all conditions and upon execution of the Earnest Money oWc y o AL Agreement dated 03'18/02 between D.W. Sivers Co. ("Seller') and Community of Christ Church ("Buyer" . By: e5 • 6% 4V-By: Date: ■3,/ Date: 04/10/02 17:01 FAX 5032232750 DWSIVER l.g1002 ent by: BLUESTONE .1 HOCKLEY b03 222 6459; 04/10/0: 1:12PM;J #753;Page 2/2 . BUYER'S COUNTER-OFFER Dated: April 10, 2002 On April $!, 2002, Community of Christ Church as Buyer, offered in writing to purchase through Peter Clarke, Broker, Bluestone •,g Hockley Realty to the owner, D.W, Sivers Co., hereinafter called "Seller", the following described property: the approa,imately 6240 sf one story office building located at 13855 SW Pacific Hwy, Tigard, OR for a price of $700,000 payable r.it the times and on the terms and conditions set forth in Buyer's said written offer. Having ills.° considered the counter offer from the Seller dated 4/7/02, but not being satisfied therewith, the undersigned Buyer hereby makes the following Buyer's Counter-Offer and agrees to accept and consummate the sale of said property for tho price and on terms and conditions as follows: 1. Purchase Price is $700.000 2_ Closir of escrow to be 8/31/02 3. Broker r:ommission shall be 5.375% 4. Continl;,encies to be removed by 6/15/02 5. Good r iith deposit to become non-refundable 5(five) business days after removal of contingencies Any par: of Buyer's original written offer not hereinabove changed, altered or modified, and Seller's counter-offer dated 4/7/02, s ltft the exception of the purchase price, hereby is approved and accepted by the Buyer; time is of the essence of this counter offer and unless the purchaser accepts the same, in writing within 21Two) days from the date hereof, this counter-offer conclusively shall be deemed withdrawn and of no force and effect. 4:2(4' 6u er SELLER'S ACCEPI'APICE OF BUYER'S COUNTER OFFER Dated: , 2002 I acknowledge receipt of Buyer's above counter-offer, hereby accept the same and agree to sell said property for the price and on the terms end conditions set forth in my written counter-offer dated April 7, 2002 mentioned above and modified by the Buyer's above counter-offer. _it02A4L.Vijt!.O._ Seller Seller 6 copings: Broke,,auOilea16,ba116r, buvef. ncil5r' ex6CUi6C Copy PRE-APPLICATION ''h CONFERENCE REQUEST /aro/"Lor/e/ CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 G'V':7yeR 9 Mark Ta+ sOh GENERAL INFORMATION CG� a ,3 #Q e - 4.9/-/./ r. ro2G 302. n/ • L / / FOR STAFF USE ONLY Applicant: eOrY1iYian/1/ e( /'/ST n6 /Y. (, Address:6'3,11 Li/Me/50,- T r/" Phone: .5.- q-65"7-4/47y Case No.: ` City: G!/es-7z ,L//7/'I / O Zip: q 6 Receipt No.: o ; - / 33 e L Application Accepted By: Contact Person: An4 6A 'rr Phone: Date: L/0 1.. Property Owner/Deed Holder(s): .(,(� . S IUtr c (, — yl L �1 DATE OF PRE-APP.: TIME OF PRE-APP.: /-a, Address: '73O 5 z) /riaEc a47 Phone:o 3 a6,g,Ncl09 PRE APP. HELD WITH: Sui-k /0 / City: -PO r-f/Of 11 d 1 DR Zip: q 7 / Rev.12/612000 i:\curpin masters\revised\Pre-App Request.doc • Property Address/Location(s): J '5 IS Sul, /q e1 iv/nue, / / / 1 qa refit 0 R REQUIRED SUBMITTAL ELEMENTS ✓✓ (Note: applications will not be accepted without the required submittal elements) Tax Map & Tax Lot#(s): a3 /03 DD ODQOO ❑ Pre-Application Conf. Request Form Site Size: ? A 2 COPIES EACH OF THE FOLLOWING: ❑ Brief Description of the Proposal and PRE-APPLICATION CONFERENCE INFORMATION any site-specific questions/issues that you would like to have staff research prior to the meeting. All of the information identified on this form are required to be submitted by the applicant and received by the Planning Division a _ Site Plan. The site plan must show the minimum of one (1) week prior .to officially scheduling a proposed lots and/or building layouts pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location of the subject property in relation to the prepare for the meeting. nearest streets; and the locations of driveways on the subject property and A pre-application conference can usually be scheduled within 1-2 across the street. weeks of the Planning Division's receipt of the request for either Tuesday or Thursday mornings. Pre-application conferences are n The Proposed Uses. one (1) hour long and are typically held between the hours of ❑ Topographic Information. Include 9:00-11:00 AM. Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN — If the Pre Application Conference is for a MONOPOLE project, the applicant must PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM attach a copy of the letter and proof in 8:00-4:00/MONDAY-FRIDAY. the form of an affidavit of mailing, that the collocation protocol was completed IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE (see Section 18.798.080 of the Tigard PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE Community Development Code). INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM ❑ Filing Fee $240.00 ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE GROUP. Pro posed (-CSe wu .4 (d 9eNe c-} t Le ss -re t s `T'L►�ti ,cxis fi,v C(SQ -rAevie4oe A/O7?p w0Kld raec.1,. , re/ S:rc 106 -\ a,,.„(s., Q1. (6)No(z_. mod; c; co'r; oh once ac c ; -o,\q I (V\a- c q s c SUS �4e� ,ono Receipt #: 27200200000000001330 ���.� Date: 04/15/2002 T I D E M A R K COMPUTER SYSTEMS, INC ■ Line Items: Case No Tran Code Description Revenue Account No. Amount Due PRE2002-00032 [LANDUSI PreApp Conf 100-0000-438000 $240.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check TUALITY COMMUNITY OF CHRIST 0 1076 $240.00 TOTAL AMOUNT PAID: $240.00 DESCRIPTION OF PROPOSAL AND PROPOSED USES Community of Christ Church proposes purchase of the commercial property located at 13855 SW Pacific Highway. The tax lot is approximately .78 acre and includes a 30 space parking lot and a commercial building of 6,240 square feet. The church is purchasing the property from the owner of the adjacent commercial shopping area. As part of the sales agreement the seller is granting reciprocal parking in the lot behind the commercial buildings. This lot has an additional 20 parking spaces. No outside additions to the building or new structures are proposed. Community of Christ Church proposes to use the building as a house of worship for its 80 member congregation. Services will be held each Sunday morning from 9:30 am until 12: pm. Occasional afternoon and evening activities will take place on Sundays. Weekday use will involve small groups meeting during the day or early evening two or three times each week. Please respond with any information that would preclude this building and land from use as a church either in terms of zoning or development code restrictions. Any further information as to requirements to use this as a church are also requested. We are enclosing a building floor plan. Some minor interior changes will be proposed at a later time. We believe the building currently meets ADA requirements but would like some information about any major changes we may be required to make. (The indoor pool will be removed or filled in.) • •rs Ill no ._ .. _. . .. ...-......—...-..«....--,. 'il if r...) CO ..... • . j ,17, V. '''.. Or WO,.110 11"*.IIIMILO 'W.Is. 1........... . 0 01 tit Z /P ..1,4 ,,, miLas 0 ■ 40 • . . . ,, .. . . 14.1 011 01. A. • ilr'''.1044 # te . . ... tfTnrimirt , 2.TINIF .401/1 •—• el ....,''0 1.. • ' ' ' .4'....:z"1"/41:4111:S7 , P . iti.,....011,1..•116, • a / • •_ . . • rn itqa?Ctilf , lir P' . . 74.) (--5 . '..'• . alli • /" I 7: Inv vol illo • r-- • %......■ 1 . • al if .: fer11111. • V ....... .'' • . 14'..,..', , a ...,. a 0 la• I ':■••‘..N P.; • .'1•:•f f4..,4.'1... .:.•".A.7.4s\o!. •, . , . ' • • AR D E PARK 1L A 4 ' tiga r3 o r . IP rilit it v.I e i..,T.. %--■ ., .. I ..4■ ..1.I,..A . •.• •,. _ (...1 •: •• ., 4■,• 't1 all t - .4.1•44.4- 4...11 : .. 4. ..% *- 'fig11.14,..10 •.• 11. :1• ; ... c. u.,02.....":.•434 • l 14., i -. , ...........7. , 4.. i.Pi,N. A # I • • ''........''''' t,..:::i %%Arldig?.•:/,°;'et,;,e:A vat Li • •..• ' 114 •....., • (:-.6. N. --• CO Ls?°).40\ S -:' e 0 . Nilli 1 s' • 1 1110 ik PPV!' 116-2.4 6 1.1 ... '••• ....,"'' .•01 , • : . it na .... ...... .„..... c. .=, ... .4 VI) -ri ....... I... \ \r"......":"....114"--"-‘"."..". ... • AIVIP4:10 .0.40 t tor) „SITE PLAN el .._...... 1 ...._.... ._ .fit ,...,....77 ... __............._ . . NI JUL-09-2002 12:12PM FROM-COI(ERCIAL REALTY ADVISORS 5032740985 T-836 P.001 F-462 i M , COMMERCIAL REALTY NJL ADVISORS ; NORTHWEST, LLC FAX TRANSMISSION 50 SW Pine, Suite 400 Portland, OR 97204 (503) 274-0211 (503) 274-0985/FAX Name: Dick Bewersdorff Company City of Tigard FAX#: 503-684-7297, phone 639-4171 Date: 7-09-02 Re: Site plan- Gaarde Pacific cc: From: Gary Surgeon Pages (including Cover): x Urgent x For Review x Please Reply Original to follow Message: Dick— You should have received the email which includes a photo of the pylon sign at the Center for your review. The site plan for the two tax lots is attached. The long term objective of the church is to have a freestanding sign on their property and the preferred location is just to the left of the west driveway. The long term goal of the Seller is to retain the placement of the current pylon sign. Would it be possible for the Seller to relinquish all rights to place any other signage on their tax lot in exchange for keeping the pylon sign in its current position and still have the church place a new sign on the other side of the west entrance? Any suggestions you have would be greatly appreciated as we are at a standstill in closing the sale. I look forward to your thoughts. Gary Surgeon This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this message is not the designated recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone at(503)274-0211 and return the original facsimile to us at the above address via the U.S.Postal Service. Thank you. JUL-09-2002 12:13PM F ROM—COMME RC I AL REALTY ADVISORS 5032740985 T-836 P 002/003 F-462 ,i,• _,i ..... .------ ') , ‘..r--) 6-----''s Lft • C/1 Z-- , -:D 9 r■ (---, • . t'•74.) iir, c/2 4 -) , ',;■ f •.1:;° A . r i G, . . .64e'; •■ti,`‘? , ,....—..--. •-,7 . - —.■ r11?-141‘ . , .....- . --....„‹. • VS•>.... • 51.1:-(4 •••• ....\ ..4 •. '.';,s •0?AC. .. . '‘, • • . I.. iT1 a .. ,....„..„ ....--„ , ,.. .• .• ,,,,,... ) xv.. ../..„-- ...1 ._.- • A a . , •C) Cs' . .. . r)/./(".. ., ,::.:'‘..,. .• ' Cr M • / • .4.-- . . ..--,., . . '/ _' '...."...7 11•■■;i".• AO V‘ ''''' V (//,.::"...'•... '.,/,'"( ss. •. .., . . \ . \ t•-5.- v:I'-1 . .„--• ..... . \\ p.V.1),. . . *\ .., ■ \ • 7.----■ ,/ .... 5!r .. . ! ■Ti . 1 ; t ; I : \ \-:• rrtTi 1 _., . .. . i ! , , , . ...... ,,.,. ......„ ,..J.) ........ ,.. , \ r-.Z.6) _ . . •.. iit I I i 1 ?. ...i. •••■ _ I • .. • .. 1 ! i 1 I 1 I . 1 I i I : : 1 • i 1 I I - 1 c. . 1 .. ■ l I I al 0 1___ . .I: . .11 2 ■--- - __,---- ./.----'-- --- _-/--- _--" • t ,------------ i . . 1 ■10•A'' _...........„.....„.■'"---''' • 1 J• . I i ../. ‘ ! 2 \ ■ ; 1 .......,.. \ . . \ \ \ ---- \ • \ ---j ----"----- . !il+ ....--- I111:1111 I .---- . .. .... , i . I ( 1 2 .4C--- ...___ .. r -...•--- I - •• - \_________ ■ 1 i 5 0 . .. , i . I . .... .) A JUL-09-2002 12:14PM FROM-COWYERCIAL REALTY ADVISORS 5032740985 T-836 P.003/003 F-462 EXHIBIT 1 Monument Sign 44 4 y AEI :r;, a J C:I WINDOWS I TEMP 1ChristChurch.Gaarde.Easement.7 2 02.do Page 7 July..2,2002 Page 1 of 1 Gary: Thanks for the information. I am sending this reply separately because our system is locking up when I try to reply to your email. The only solution I can offer is for the shopping center to allow the church to put a sign on the center's property close to the church's property. The code specifically precludes more than one free- standing sign per property. The picture appears to indicate the existing sign may be larger than the 70 square feet per face the code allows. That would make the sign non conforming. The size of the sign should be verified. In addition, you should note that there appears to be no permit for the Learning Tree portion of the sign that was added on. If that is the 24+% talked about in the agreement, that portion of the sign may in fact be subject to citation if the sign does not meet sign size standards and may not be available for the church either. Hope you are able to resolve the issue. You can contact either Diane Parke or Kristie Peerman for further permitting information. Dick Bewersdorff dick(a ci.tigard file://C:\WINDOWS\TEMP\GW}00008.HTM 7/9/02 EXHIBIT I Monument Sign FROCKS-N-BR1TCHES FURNITURE-CHILDRENS & MATERNITY NEW & RESALE PLAZA HAIR CARS H & B BLOCK.._ ASABACF4E MEXICAN RESTAURANT FLOWERS PETAL PATCH GIFTS ARTISAN NAILS I . . .v /mei Ls#f{ ` - - _ $ i , ` iivy/ .. ZAPATERIA CHRISTI : 1• - ,....;;;, . - , 0 t i. . . ti UL . "'' v E C:\WINDOWS\TEMP'ChristChurch.Gaarde.hasement.7 2 02.doc Page 7 July 4-2,2002 RECIPROCAL EASEMENT AGREEMENT DATED: July 4-2, 2002 PARTIES: D W Sivers GefivallyCo.,an Oregon Corporation("Sivers") AND: Reorganized Church of Jesus Christ of Latter Day Saints,an Iowa Corporation registered to do business in Oregon("CoC") RECITALS: R-1. Sivers is the owner of the following described 1.14 acre parcel of real property situated in Washington County,Oregon(hereinafter called"Parcel 1"): PARCEL 1: A tract of land situated in the Southeast quarter of Section 3,Township 2 South,Range 1 West,of the Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon, being described as follows: Beginning at the intersection of the Westerly right of way line of Pacific Highway 99-W, with the Southerly line of that tract of land described in Deed to Lloyd Gilbertson and Darlene J.Gilbertson,recorded March 11, 1976 in Book 1072,page 928,Records of Washington County,Oregon,said point being marked by an iron rod set in County Survey No. 18,525 by Gene Ginther;thence North 73°01'25"West along the South line of said Gilbertson Tract,a distance of 267.58 feet to an iron rod set by Gene Ginther in County Survey No. 18,525;thence continuing along the South line of said Gilbertson Tract,North 78°24'10"West,a distance of 60.04 feet to an iron rod set by Gene Ginther in County Survey No. 18,525;thence North 28°47'40"West,a distance of 2.56 feet to an iron rod set by Jerry Maris in County Survey No. 17,531;thence South 0°27'30"West along the East boundary of GAARDE PARK,a plat of record,a distance of 212.33 feet to the Southeast corner of Lot 22,GAARDE PARK;thence South 89°42'East,a distance of 236.05 feet to a point in the Westerly right of way line of Pacific Highway 99-W; thence North 33°57'00"East along said Westerly right of way line,a distance of 146.13 feet to the point of beginning. 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 2: A tract of land in Section 3,Township 2 South,Range 1 West,of the Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,more particularly described as follows: Beginning at an iron pipe at the Northwest corner of that certain 5.826 acre tract of land conveyed by Deed to Walter A.and Amy Schultz as recorded on page 257 of Volume 181 of Washington County,Oregon Deed Records,from which iron pipe the Southeast corner of Section 3,Township 2 South,Range 1 West,of the Willamette Meridian,is said to bear South 0° 11'East 434.67 feet and South 89°35'East 16.39 chains.The said point of beginning being also the re-entrant corner of the tract of land as described in C:\WINDOWS\TEMP\ChristChurch.Gaarde.Easement.7 2 02.doc Page 1..... July l-2,2002 Deed Book 109,page 220,Deed Records of Washington County,Oregon;thence from the above described point of beginning North 89°56'East along the Northerly line of the said Schultz Tract and the Southerly line of the most Easterly 5 acres described in said Deed Book 109,page 220,a distance of 770.7 feet to an iron pipe on the Westerly boundary of the State Highway;thence South 33°20'West along the said Westerly boundary of the State Highway 107.8 feet to an iron pipe;thence South 89°66'West parallel with and 90.0 feet distance from the Northerly line of the said Schultz Tract 711.4 feet to an iron pipe on the Westerly line of the said Schultz Tract;thence North 0°04'West along said Westerly line a distance of 90.0 feet to the place of beginning. EXCEPTING THEREFROM the following described parcel: Situate in the Southeast one-quarter of Section 3,Township 2 South,Range 1 West,of the Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,and being a part of that property described in Deed Book 909 on page 412,Deed Records of said county,said portion more particularly described as follows: Beginning at an iron rod with JSM cap set at the Southeast corner of this tract described said corner being North 89°56'West 735.14 feet and North 0°27'30"East 344.67 feet from the Southeast corner of said Section 3,a V2 inch iron pipe found;and running thence from said beginning point North 89°42'West on the South line of said tract 347.55 feet to the Southwest corner thereof;thence North 0° 18'East on the West line of said tract 90.00 feet to the Northwest corner thereof;thence South 89°42'East on the North line of said tract 347.80 feet to an iron rod with JSM cap set at the Northeast corner thereof;thence South 0°27'30"West 90.00 feet to the point of beginning. R-3. Parcel 1 and Parcel 2 share access roads,parking lots,sidewalks,and-utility lines,and an electrified monument sign shown in Exhibit I(the"Monument Sign") attached hereto and incorporated herein by this reference.. 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, C:\WINDOWS\TEMP\ChristChurch.Gaarde'Easement.7 2 02.doc ,- Page 2 July}2,2002 sanitary sewer, storm sewer, electricity,telephone,gas,and cable service (collectively"utility services")to Parcel 1. Additionally,CoC grants to Sivers the right to use the top 75.6%of the Monument Sign rent-free, in perpetuity. 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. Additionally, Sivers grants to CoC, the right to use the bottom 24.4%of the Monument Sign rent-free, in perpetuity. 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. 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. C:\WINDOWS\TEMP\ChristChurch.Gaarde.Easement.7 2 02.doc Page 3 July 4-2,2002 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 Signage Costs The parties agree that Sivers shall contract for the following work with respect to the Monument Sign: A-8-a. Utility service A-8-b. Maintenance A-8-c. Repair A-8-d. Refurbishment A-8-e. Replacement Provided that CoC elects to use the lower 24.4%of the Monument Sign, Sivers shall pay 75.6%of the cost thereof and CoC shall pay 24.4%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 Monument Sign,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 75.6%of the cost thereof within twenty(20)days of receipt of invoice and said documentation by Sivers. Provided that CoC elects not to use the lower 24.4%of the Monument Sign, Sivers shall pay 100%of the costs associated therewith. Each party shall pay 100%of the cost of the design, installation, and upkeep of the actual content of the lettering and/or illustration(s)of its signage,if any. A-9 Prior Easements. These easements are granted subject to all prior easements of record. A-9-10 Security Interest. Neither party shall be required to subordinate its interest in this Agreement to any mortgage or security interest. C:\WINDOWS\TEMP\ChristChurch.Gaarde.Easement.7 2 02.doc . Page 4 July 4-2,2002 A-4.0-11 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 64052 Phone: (816) 833 1000 x2272 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-4-1-12 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-1-2--13 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. 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 Companyr--ine. Reorganized Church of Jesus Christ of Latter Day Saints Dennis W. Sivers,President Larry R.Norris,Presiding Bishop C:\WINDOWS\TEMP\ChristChurch.Gaarde.Easement.7 2 02.doc—, Page 5 July 4-2 2002 STATE OF Oregon ) )ss. County of Multnomah ) The foregoing instrument was acknowledged before me this day of June, 2002 by Dennis W. Sivers. Notary Public for Oregon STATE OF ) )ss. County of ) The foregoing instrument was acknowledged before me this day of , 200 by Larry R.Norris Notary Public for C:\WINDOWS\TEMP\ChristChurch.Gaarde.Easement.7 2 02.doc Page 6 July 4-2,2002 MMDa3- 9 i E 1IU= SDP-3V-71 '„r,, 8TY OF TIGARD ,, . _ :. . . PRE-APPLICATION CONFERENCE COI : 1- lgon Development r t. t ' ;'• shaping f Better Community (PrOpOtioaleeting Notes are Valid for Six (6) Months NON-RESIDENTIAL RE/FP.MGDsE 9040; S RKI LR APPLICANT: C.cormunli,i e� C6r It. Cl,ors`1, AGENT: PtNI N Jk©,s-- Phone:(563) (,S"1- tigrp4 Phone: ( ) PROPERTY LOCATION: I ADDRESS/GENERAL LOCATION: 3 .S S J-) -'0(.-.,c, a +1; Li.„ \:.L. TAX MAP(S)/LOT #(S): D S afi1bb-0090 O NECESSARY APPLICATIONS: CDR • PROPOSAL DESCRIPTION: Cerwers,oN oC er\ e.n;sS bpil.sc�,c3c,l irNko c C\,urctm Sec, c;r DSO rrseonber C13090e.5a}t c-n COMPREHENSIVE PLAN MAP DESIGNATION: G,,A r'et C,m n.c'nC∎ al ZONING MAP DESIGNATION: C_- G CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA: C.E.N-tRA L. ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. Sao l MINIMUM LOT SIZE: — sq. ft. Average Min. lot width: 56 ft. Max. building height: L15 ft. Setbacks: Front ” ft. Side q/ac ft.35 4 Rear .Po ft. Corner — ft. from street. MAXIMUM SITE COVERAGE: gs % Minimum landscaped or natural vegetation area: IS' %. r 1 '.-1 NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout] THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9 NON-Residenial AppGcation/Planning Division Section r NARRATIVE (Refer to Code Cho, .18.3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. I y i ACCESS (Refer to Chapters 18.705 and 18.165) Minimum number of accesses: ( Minimum access width: :;C, Minimum pavement width: -i'n. All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: WALKWAY REQUIREMENTS (Refer to Code Section 18.705.030) WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. (r SPECIAL SETBACKS [Refer to Code Chapter 18.1301 D STREETS: ",' feet from the centerline of P D LOWER INTENSITY ZONES: feet, along the site's fJ h ( -r boundary. D FLAG LOT: 10-FOOT SIDE YARD SETBACK. I SPECIAL BUILDING HEIGHT PROP SIONS (Refer to Code Section 18.130.010.BJ BUILDING HEIGHT EX PTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provid that: Y A maximum buil ng floor area to site area ratio (FAR) of 1.5 to 1 will exist; D All actual build g setbacks will be at least half('h) of the building's height; and D The structur ill not abut a residential zoned district. l►/ BUFFERING AND SCREENING (Refer to Code Chapter 18345) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9 NON-Residential ApplicatonJPlanning Division Section The ESTIMATED REQUIRti) BUFFER WIDTHS applicable to your proposal area are: - ,r' feet along north boundary. l('- feet along east boundary. feet along south boundary. -- feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.1051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. [,4 RECYCLING [Refer to Code Chapter 18.7551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. I -J` PARKING (Refer to Code Section 18.165.040) REQUIRED parking for this type of use: I son(P r eA)erL ''e€. sets Parking SHOWN on preliminary plan(s): cti.�,.., c;�s�yr��lbtyyprec; C<<� >��,e..,,cte 1 `t c-, ;-��� Q('o.j,<)cd 'r. br.JljC.l cs� SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ,K S BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. fl LOADING AREA REQUIREMENTS (Refer to Code Section 18.165.0801 Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9 NON Residential Application/Planning Divoion Section n .BICYCLi RACKS (Refer to Code lion 18.7651 BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. n SENSITIVE LAND (Refer to Code Chapter 18.775) The Code pro ides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPME T DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. n STEEP SLOPES (Refer to Code Section 18.775.080.C1 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. n CLEANWATER SERVICES(CWSI BUFFER STANDARDS (Refer to R e 0 96-44/USA Regulations-Chapter 31 LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION &ORDER 96-44 k. ,SLOPE ADJACENT WIDTH OF VEGETATED .SENSITIVE AREA DEFINITION a s ljy . TO SENSITIVE AREA CORRIDOR PER SIDE • Streams with intermittent flow draining: <25% 0 10 to <50 acres 15 feet + >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre ` 25 feet • Existing or created wetlands >0.5 acre `<25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres \ • Natural lakes and ponds • Streams with intermittent flow draining: >2 1 10 to <50 acres 30 feet + >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres \ point to the top of ravine (break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 NON Residential Application/Planning Division section Restrictions in the V eta. orridor: NO structures, devdepment, construction activities, gardens, lawns, application of chemicals, dumping of any materi of any kind, or other activities shall be permitted which otherwise detract from the water quality pr tection provided by the vegetated corridor, except as provided for in the CWS Design and Construe On Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a art of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any Ian use applications, the applicant must obtain a CWS Service Provider Letter which will outline the nditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no se itive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. \ 1, 1 SIGNS (Refer to Code Chapter 18.7801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. I. 1 TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.190.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: Y Identification of the location, size and species of all existing trees including trees designated as significant by the City; D Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: • Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; * Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; + Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; + Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and > A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. i '1 MITIGATION (Refer to Code Section 18.790.060.E.) REPLACEMENT OF A TREE shall take place according to the following guidelines: > A replacement tree shall be a substantially similar species considering site characteristics. • If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 NON Residential Application/Planning Division Section Y ' If a replacement trt f the size cut is not reasonably ava ,e on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: 0 The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1)or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. Y The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. 171 CLEAR VISION AREA (Refer to Code Chapter 18.7951 The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. n WATER RESOURCES OVERLAY DISTRICT (Refer to Code Section 18.197.030) The WATER RESOURCES (WR) OVERLAY DISTRICT implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wet) ds, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear an objective standards to: protect significant wetlands and streams; limit development in design ted riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. \ Safe Harbor: The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. Major Streams: Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). > Major streams in Tigard include FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY CREEKS) AND BALL CREEK. Minor Streams: Streams which are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. Riparian Setback Area: This AREA IS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23- 090(1)(d). CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 NON Residential Application/Planning Noon Section • Y The standard TUAL. ,fIN RIVER RIPARIAN SETBACK r., 75 FEET, unless modified in accordance with this chapter. Y The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance with this chapter. Y ISOLATED WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffer" is required under Cleanwater Services (CWS) standards adopted and administered by the City of Tigard. 1 I RIPARIAN SETBACK REDUCTIONS (Refer to Code Section 18397.1001 The DIRECTOR AY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR ST M RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structures or impe bus surfaces otherwise prohibited by this chapter, provided that equal or better protection for identi i d major stream resources is ensured through streambank restoration and/or enhancement of ripari n vegetation in preserved portions of the riparian setback area. Eligibility for Riparian Setback in Disturbed Areas. TO BE ELIGIBLE FOR A``RIPARIAN SETBACK REDUCTION, the applicant must demonstrate that the riparian corridor was tubstantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.797.100 that demonstrates all of the followi' g: Y Native plant species cu ntly cover less than 80% of the on-site riparian corridor area; Y The tree canopy currentl covers less than 50% of the on-site riparian corridor and healthy trees have not been remov d from the on-site riparian setback area for the last five years; Y That vegetation was not removed contrary to the provisions of Section 18.797.100 regulating removal of native plant species; Y That there will be no infringement into the 100-year floodplain; and Y The average slope of the riparian area is not greater than 20%. ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part o ti partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access eas ent. The DEPTH OF ALL LOTS'SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 1% times the minimum lot size of the applicable zoning district. CODE CHAPTERS / 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) V 18.765(OH-Street Parking/Loading Requirements) 18.340(Directors Interpretation) ,, (washington Square Regional Center) _ 18.775(Sensitive Lands Review) 18.350(Planned Development) '✓' 18.705(Access/Egress/Circulation) -Z 18.780(signs) 18.360(Site Development Review) 18.710(Accessory Residential Units) - 18.785(Temporary Use Permits) 18.370(Variances/Adjustments) / 18.715( Density Computations) ✓ 18.790(Tree Removal) 18.380(Zoning Map/Text Amendments) LL 18.720(Design Compatibility Standards) _Z-18.795(Visual Clearance Areas) 18.385(Miscellaneous Permits) v i 18.725(Environmental Performance Standards) _ 18.797(Water Resources(WR)Overlay District) 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) 18.798(Wireless Communication Facilities) 18.410(Lot Line Adjustments) 18.740(Historic Overlay) 18.810(Street&Utility Improvement Standards) 18.420(Land Partitions) 18.742(Home Occupation Permits) 18.430(Subdivisions) -IC- 18.745(Landscaping&Screening Standards) 18.510(Residential Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) if 18.520(Commercial Zoning Districts) _Z. 18.755(Mixed Solid Waste/Recycling Storage) 18.530(Industrial Zoning District) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 NON-Residential ApptcationPanning Division Section ADDITIONAL CONCERNS OR COMMENT. QpF.Sn � C C4\,c,1 Cgs C rnIMe n�nr\ec:cr4.(4.) beccos, :j ref CQs ;ec r,�d �ronQ` ye Frk; 115 /t( J'-rF bE.tlFunrnenk S U2Crsi(*,r� -�e>cas CD--g weeks (jr r-c r:i),l, is de.eyrerI c.o. Qle4e �Crkir.s — ``A�cess - 1_a.,c�scnp nc� ▪ jsc NO SE Al Pco,h8er k.Pkker iNe.ebo re_ C'∎(tlr,kr)(-Ane e MPe+■n r p �■r'e_O `,T C1CInt�.rnca �A S tC ntC:n J II CO T_rd {(�C?�nrTicn b i,S,o-eSSYS V es.c_c .rte:C'n d` t� �necS Inn frt � GrQ� Uri CAA k)urn kf-IN Cis �11.�1„r\ S ri<,'P3 • VVA C CA &, Ikea i\eecleS: j:-L' Ont , cyr, crr4',a. nr.o,0,-1:,JE irr..per-4 S-k,At.1)( v' c' Oaf,) lrxncisc.ai.e star, ) lir cnrr grNLi So 3r4 PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 4:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), 81/2' x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 NON-Residential Application/Planning Division Section The administrative decisioi public hearing will typically occur al ,ximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard 1-icf,►; c, C3 e- . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). 'PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staffprelative to Code requirements prior to submitting an application. • AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: RRA5 , CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: (503) 639-41/1 FM (503) 684-7297 E-MAIL (stiffs first name)@ci.tigard.or.us V4\ i TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.ci.tigard.or.us H:\patty\masters\Pre-App Notes Commercial.doc Updated: 1-Nov-2001 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 NON-Residential Application/Planning D,vis on Section CITY OF TIGARD LAND USE APPLICATION CHECKLIST Please read this form carefully in conjunction with the notes provided to you at the pre- application conference. This checklist identifies what is required for submittal of a complete land use application. Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, (503) 639-4171. Staff: t Date: 4/D2/6-.1 1. BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: Completed Application Form with property owner's signature or name of agent and letter of authorization Title transfer instrument or grant deed Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). Documentary evidence of neighborhood meeting (if required) Impact Study per Section 18.390.040.B.2.(e) • Copy of the Pre-Application Conference notes • Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): Cd Vicinity Map ❑ Preliminary Grading/Erosion Control Plan ❑ Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan 0 Tree Preservation/Mitigation Plan C3/ . Site Development Plan ❑ Architectural Drawings ❑ Landscape Plan ❑ Sign Drawings ❑ Public Improvements/Streets Plan 3. NUMBER OF COPIES REQUIRED The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES 3 COPIES OF ALL APPLICATION MATERIALS. l n.}',Q City of Tigard Land Use Application Checklist Page 1 of 5 • 4. SPECIAL STUDIES ANL SPORTS Because of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: ❑ Local Streets Traffic Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Geotechnical Report ❑ Geotechnical Report must address liquefaction potential and soil bearing capacity ❑ Other 5. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 81/2 x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation). Vicinity Map Showing the location of the site in relation to: • Adjacent properties ❑ • Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways ❑ • Transit stops ❑ • Utility access ❑ Existing Conditions Map Parcel boundaries, dimensions and gross area ❑ Contour lines (2' intervals for 0-10%slopes or 5' for slopes >10%) ❑ Drainage patterns and courses on the site and on adjacent lands ❑ Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ ♦ Slopes in excess of 25% ❑ • Unstable ground ❑ ♦ Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ • Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ Other site features: • Rock outcroppings ❑ • Trees with >_6"caliper measured 4'from ground level ❑ Location and type of noise sources ❑ Locations of existing structures and their uses ❑ Locations of existing utilities and easements . ❑ Locations of existing dedicated right-of-ways ❑ City of Tigard Land Use Application Checklist Page 2 of 5 Subdivision Preliminary Plat I. d \ The proposed name of the subdivision ❑ = ' Vicinity map showing operty's relationship to arterial and collector streets El Names, addresses and lephone numbers of the owner, developer, engineer surveyor and designer(as applicable) El ._> Scale, north arrow and d to ❑ Boundary lines of tract to be subdivided Names of adjacent subdivisions or names of recorded owners of adjoining parcels of un-subdivided land ❑ __ Contour lines related to a Cityestablished benchmark at 2' intervals for 0-10% grades and 5'intervals for grades greater than 10% ❑ The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): • Public and private right-of-waxs and easements ❑ • Public and private sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants ❑ • Major power telephone transmission lines (50,000 volts or greater) ❑ • Watercourses ❑ • Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ • The location of all trees with a diameter.6 inches or greater measured at 4 feet above ground level ❑ • The location of all structures and the pre ent uses of the structures,and a statement of which structures are to remain after platting El Supplemental information including: • Proposed deed restrictions (if any) ❑ • A proposed plan for provision of subdivision improvements El Existing natural features including rock outcroppings, wetlands and marsh areas The proposed lot configurations, lot sizes and dimensions, and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots ❑ If any of the foregoing information cannot practicably be hown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application materi Is El Preliminary Partition of Line Adjustment Plan The owner of the subject p cel ❑ The owner's authorized agen ❑ The map scale, north arrow an date ❑ Proposed property lines ❑ Description of parcel location and b undaries ❑ Contour lines (2'intervals for slopes 0-10% or 5'for slopes >10%) El Location, width and names of streets, easements and other public ways within and adjacent to the parcel ❑ Location of all permanent buildings on and within 25' of all property lines ❑ Location and width of all water courses El Location of any trees with 6"or greater caliper at 4'above ground level ❑ All slopes greater than 25% El Location of existing and proposed utilities and u •ity easements ❑ Any applicable deed restrictions ❑ Evidence that land partition will not preclude efficie t future land division where applicable El Future street extension plan showing existing and p ential street connections ❑ ,\ City of Tigard Land Use Application Checklist Page 3 of 5 • Site Development Plan The proposed site and surrounding properties ❑ Contour line intervals ❑ The locations, dimensions and proposed names of the following: • Existing and platted streets and other public ways ❑ • Easements on the site and on adjoining properties ❑ • Proposed streets or other public ways and easements on the site ❑ • Alternative routes of dead-end or proposed streets that require future extensions ❑ ' The locations and dimensions of the following: • Entrances and exits on the site ❑ • Parking and circulation areas ❑ • Loading and service areas ❑ • Pedestrian and bicycle circulation ❑ • Outdoor common areas ❑ ♦ Above ground utilities ❑ • Trash and recyclable material areas ❑ The locations,dimensions and setback distances of the following: • Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25'of the site ❑ • Proposed structures, improvements, utilities and easements on the site ❑ • Sanitary sewer facilities ❑ • Existing or proposed sewer reimbursement agreements ❑ • Storm drainage facilities and analysis of downstream conditions ❑ Locations and type(s) of outdoor lighting considering crime prevention techniques ❑ The locations of the following: ♦ All areas to be landscaped ❑ • Mailboxes ❑ ♦ Structures and their orientation ❑ j Landscape Plan Location of trees to be removed ❑ Location, size and species of existing plant materials ❑ General location, size and species of proposed plan materials ❑ Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them ❑ ♦ Plans for soil treatment such as stockpiling the top soil ❑ ♦ Erosion control measures that will be used ❑ Location and description of the irrigation system where applicable ❑ Location and size of fences, buffer areas and screening ❑ Location of terraces,decks, shelters, play areas, and common open spaces ❑ Public Improvements/Streets Plan Proposed right-of-way locations and widths ❑ A scaled cross-section of all proposed streets plus any reserve strips ❑ Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ City of Tigard Land Use Application Checklist Page 4 of 5 Grading/Erosion Control Plan The locations and extent to which grading will take place ❑ Existing and proposed contour lines ❑ Slope ratios ❑ Utilities Plan Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ Plan of the proposed water distribution system, showing pipe sizes and the locations of valves and meter sizes ❑ Fire hydrants (existing and proposed) ❑ Proposed fire protection system ❑ Preliminary Storm Drainage Plan The location of all areas subject to inundation or storm water overflow ❑ Location, width and direction of flow of all water courses and drainageways ❑ Location and estimated size of proposed storm drainage lines ❑ Where applicable,location and estimated size and dimensions of proposed water quality/detention facility ❑ Tree Preservation/Mitigation Plan Identification of the location, size and species of all existing trees ❑ Program to save existing trees or mitigate tree removal (Section 18.790.030) ❑ A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings Floor plans indicating the square footage of all structures and their proposed use ❑ Elevation drawings for each elevation of the structure ❑ Sign Drawings _-> Specify proposed location, size and height ❑ is\;cu rpl n\masters\revised\checklist.doc 18-Sep-01 City of Tigard Land Use Application Checklist Page 5 of 5 PI[ 'PUCA'ION CONFERENCE NOTES I loaruL Oregon ENGINEERING SECTION Development PUBLIC FACILITIES Tax Map[s]: 2510300 Tax Letts]: 900 Use Type: Church The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: U SW to feet SW to feet SW to feet SW to feet Street improvements: ® ??? street improvements will be necessary along SW Pacific Highway, to include: feet of pavement concrete curb I I storm sewers and other underground utilities I I -foot concrete sidewalk n street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 6 Engineering Department Section Z Other: Check with '1DOT with regard to any street impr ments they may require. ❑ street improvements will be necessary along SW , to include: feet of pavement I concrete curb I storm sewers and other underground utilities -foot concrete sidewalk street trees I street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities -foot concrete sidewalk street trees n street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: street improvements will be necessary along SW , to include: feet of pavement ❑ concrete curb storm sewers and other underground utilities ❑ -foot concrete sidewalk I street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: ❑ street improvements will be necessary along SW , to include: feet of pavement concrete curb n storm sewers and other underground utilities -foot concrete sidewalk CITY OFTIMARD Pre-Application Conference Notes Page 2 of 6 Engineering'nutmeat Section street trees street signs, traffic .,Jntrol devices, streetlights and a two-year streetlight fee. l I Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: (1.) (2.) Overhead Utility Lines: Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Prior to , the applicant shall either place these utilities underground, or pay the fee in- lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located adjacent to the west boundary of the site. There is a manhole on this parcel. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to n/a. The existing building is already served by the public sewer line. Water Supply: The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. CITY OFTIGARD Pre-Application Conference Notes Page 3 of 6 Engineering Department Section Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. As long as there will be no changes to the building exterior or the parking area, ODOT will likely not require modifications to the onsite storm system. However, the applicant should consult with ODOT to make sure. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: Construction of an on-site water quality facility. Payment of the fee in-lieu. Nothing required as long as the impervious area of the site does not increase. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. 1) Check with ODOT to see if they would require a traffic impact report. Contact Matt Larson at Region 1, at (503) 731-4610. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 Engineering Department Suttee category. The TIF shall ho calculated at the time of builr'. -' permit issuance. In limited circumstances, payment of t. ;IF may be allowed to be deferrer. .dl the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. The church use may be less intensive than the previous use, so there may not be a TIF. Check with Sherman Casper, Permits Coordinator. PERMITS Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 Engineering Department Section Master Permit (MST). This permit is issued for all single am Ai-family buildings. It covers all work necessary for b ,ng construction, including sub-tra, , (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: 23 162 ENGINEERING DEPARTMENT STAFF DATE Phone: [5031639-4111 Fax: 15031624-0152 \\tig333\usr\depts\eng\brianr\templates\preap notes-eng.dot Revised: March 21, 2002 CITY OFTIGARD Pre-Application Conference Notes Page 6 of 6 Engineering Oeperttaent Section