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MMD2002-00006 MMD2002 00006 DEANGELO ' S CATERING uiu�l„,���� CITY OF TIGARD April 11, 2002 OREGON Stephen DeAngelo 14297 SW Pacific Highway Tigard, OR 97224 RE: Minor Modification Request, Case File No. MMD2002-00006 Dear Mr. DeAngelo: This letter is in response to your request for a Minor Modification (MMD2002-00006) of the existing site development located at 9037 SW Burnham, WCTM 2S102AD, Tax Lot 01601. You have requested to construct a small walk in cooler and change the use from a tile and marble installer to a catering business. The submitted site plan reflects the current conditions with the exception of the proposed walk in cooler. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore, this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The existing building is 2,628 square feet, and the applicant is proposing to add an additional 228 square foot walk in cooler. The proposed use is production facilities for an off-site catering company. Staff has contacted the applicant to confirm that no on-site sales of food will occur, as this would make the business an eating and drinking establishment, subject to higher parking requirements. As proposed, since there are no direct sales of food, the proposed use is classified as a "Personal Service". The parking required for Personal Services is 2.5 spaces per 1,000 gross square feet. In this case, 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Palle 1 of 3 7.14 or 8 spaces are required. The site plan shows eight spaces including a handicap accessible space, in compliance with these requirements. Staff has visited the site and confirmed that eight spaces are available for this use. Therefore, additional on-site parking is not required. 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 applicant has not proposed any changes to the exterior of the existing building. Therefore, this standard is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. No changes to the site layout or accesses are proposed, therefore this criterion is satisfied. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The existing and proposed use are similar in nature in terms of traffic generation. This modification will not generate significant additional vehicle trips. Therefore, this criterion does not apply. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The proposal will increase the square footage of the building by a total of 228 square feet, below the 5,000 square foot limitation. 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. There is no common open space required for this type of development, therefore this standard does not apply. 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. There are no specific amenities provided by the existing development. The amount of landscaping exceeds the 15% minimum required in this zone. Therefore this criterion is met. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above. The site was developed prior to the existence of a Site Development Review process. No other land use cases were found that affect this parcel. As such, there are no preceding conditions of approval that affect this property. THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO THE FOLLOWING LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. Page 2 of 3 Limitations on Minor Modification Approval There shall be no direct sales of food from the subject site. This business cannot be operated as a restaurant by any means, without prior Site Development Review and approval and necessary modifications to the site in compliance with all applicable code provisions. 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. 407. Sincerely, Morgan Tracy Associate Planner \\tig333\usr\depts\curpin\morgan\workspace\sdr\mmd2002-00006(deangelo's).doc Page 3 of 3 APPLICANT MATERIALS -6 }U MINOR MODIFICATION 4 3 o . or zy'nako,46.s, .d,1. �i i TYPE I APPLICATION 0 CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION G� Property Address/Location(s): [0 3 2 !3v1'A ikilsetn i i i; A(e0 , 9,-2e�-0.-J 9 7223 FOR STAFF USE ONLY Tax Map & Tax Lot#(s): 25 1 o Z /1-'D - Ito o i Site Size: 31 Case No.(s): f lk ��� . c ` c Other Case No.(s): k A Applicant*: 7r- 17)N c-N(.o 's Cs ep.wc- , TNT • Address: / /-I Receipt No.: +i 4'Z 97 P'-c,p c Application Ac epted By: pi City/State:_ 7-/G A-4 0 ,,-Ill— Zip: y 7 2 Z y 1a S Primary Contact: 71-1/L- !Dc /�-,L,c L ..D c. Date: Phone: 50-3. t;z `jc . Fax: 5,3 4 2 -S Cc} Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete: W7/02_ Rev.3/5/2001 i:\curpin\masters\revised\minomiod.mst Address: I ' 3 1 5 . ✓ , ).i, '? Phone: 53 S 74.1 34°40 City/State: Ti& 4-2 0 D Zip: 62 7 Z-2-3 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 net 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 Application Form The owners of record of the subject property request permission for a Minor Modification. To review a modification as a Minor [l Owner's Signature/Written Authorization • Modification, the Director must first find that the expansion does not Title Transfer Instrument or Deed invoke one or more of the 11 criteria discussed within Section 18.120.070(B) of the Tigard Development Code. If the modification 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 a Site/Plot Plan (reduced 8'/7"x 11") Modifications are processed in the same manner as a new Site Development Review. In a separate letter, please address the 0 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. 7( Filing Fee (City) 11(10.A9—_) 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 7. 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% exduding 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 subject of Cnteria I through 10 above. r' a 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 day of ilUet ,20 e 7-. Owner's Signature Owner's Signature Owner's Signature Owner's Signature Receipt #: 27200200000000001190 j Date: 04/02/2002 T I D E M A R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due MM02002-00006 [MSC]Misc Fee 100-0000-451000 $100.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check DEANGELO'S CATERING INC. 0 0 3752 I $100.00 RECEIVED-AMOUNT PAID: $100.00 CITY OF TIGARD PLANNING/ENGINEERING DeANGELO'S CATERING INC. KEY BANK,NATIONAL ASSOCIATION 3752 14297 S.W.PACIFIC HWY 24.201/1230-98 PORTLAND,OR 97224 503-620-9020 if fI.) Z (aZr ,� PAY TO THE (�,L '�'1 � ) g ORDER OF Li 9' ( 1 6- &-4) g $ /03 - 0 DOLRS' A �_ _..._..._._._ ....__.-- - -� /7.7 ....----, ; MEMO k 1 ;AUTISM=eatiFVF— Rr r I CHICAGO TITLE INSURANCE COMPANY OF OREGON BUYERS ESTIMATED SETTLEMENT STATEMENT Buyer: Investment Property Exchange Escrow No. : 4200-31364-MS Stephen T. DeAngelo,Exchangor Order No. : 239412 Date: 01/29/02 Seller: Investment Property Exchange Paragon Investments,Exchangor Property 9037 Southwest Burnham Address: Tigard OR 97223 Escrow Officer: Micki Swenson Date: 01/29/02 Charges Credits Purchase Price 363,750.00 Deposit or Earnest Money 10,000.00 County taxes from 02/04/02 to 07/02/02 713 .29 Escrow Fee to CHICAGO TITLE INSURANCE CO 357.00 County Transfer Tax 182.00 Recording of Deed 62.00 Exchange funds to escrow from IPX 130, 032.55 Feb.Lease Payment 2,785.71 Sub-totals 365,064.29 142,818.26 Balance due from Buyer 222,246.03 Estimated Totals 365,064.29 365,064 .29 The above figures are estimated and subject to adjustments prior to the disbursement of funds. tInvestment Property Exchange een T. DeAngelo,Exchangor AFTER't_ECORDING RETURN TO: 2TEPHEN T. DEANGELO 4)9 ' !a if H . Tiga 2 , 4. : ;222 Until a change is requested all tax statements shall be sent to the following address: Grantee - at above address Escrow No: 4200-31364-MS Order No: 239412 WARRANTY DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) PARAGON INVESTMENTS, LLC. , an Oregon limited liability company • Grantor, conveys and warrants to STEPHEN T. DEANGELO qiJJr''L Grantee, the following described real property free of encumbrances except as specifically set forth herein: (Continued) 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, ENCUMBRANCES: 6. The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water Services. (Continued) The true consideration for this conveyance is $363,750.00 which is paid to an accommadator as part of a 81031 Deferred Exchange; and which is paid by a Qualified Intermediary as part of a §1031 deferred exchange. Dated February 4, 2002 ; if a corporate grantor, it has caused its name to be signed by order of its board of directors. PARAGON INVESTMENTS, LLC BY: STATE OF OREGON, County of Clackamas )ss. This instrument was acknowledged before me on by This instrument was acknowledged before me on February , 2002 by David G. Cutz and Mark Dollahite as members of piragnn Investments, LLC Notary Public for Oregon My commission expires: ESCROW AGREEMENT 0 Chicago Title (PURCHASER) • Insurance i1L1ompany ESCROW NO: 4200-31364-MS 5285 S.W. Meadows Rd. , #148 ESCROW OFFICER: Micki Swenson Lake Oswego, OR 97035 DATE: January 29, 2002 A. GENERAL INSTRUCTIONS: TO: CHICAGO TITLE INSURANCE COMPANY OF OREGON, ("Escrow Agent") . Property Description: (as shown in Preliminary Title Report issued by CHICAGO TITLE INSURANCE COMPANY under Order No: 239412 dated 12/14/01, a copy of which has been received and approved by the undersigned. ) PURCHASER deposits in connection and together with these instructions the sales price in the sum of $363, 750. 00 as follows: $10, 000 .00 earnest money deposited with Chicago Title Insurance; the balance, together with closing costs, due in the form of a cashier's check or wired funds and will deposit with you such other sums and items as may be required to enable you to comply with these instructions, which sums and items you are authorized to deliver, release or pay when you hold for the account of the Purchaser the following: 1. the sellers signature on a Warranty Deed, and Lease Agreement for leaseback in form acceptable to Purchaser showing Purchaser's interest; 2 . An ALTA (1992) form of Owner' s Title Insurance Policy providing Standard Coverage in the sum of $363, 750.00 insuring Purchaser' s interest subject to printed conditions, stipulations, exclusions and exceptions to coverage in the usual form, matters attaching by, through, or under the Purchaser, and the following paragraphs of the preliminary title report referenced above: #1 thru 5, 6, 8, and 9 only B. PAYMENTS: Purchaser agrees to pay and authorizes payment and deduction from and credit to the gross sum above specified in accordance with the Purchaser' s Estimated Settlement Statement attached hereto and made a part hereof. Items shown on the Estimated Settlement Statement may be adjusted to accommodate exact amounts required at the time of disbursement. C. PRORATE: It is understood that mortgage insurance premiums, if any, water, sewer, waste collection, electricity and other utility charges and inventory for fuel will be adjusted between Seller and Purchaser outside this escrow. Escrow Agent shall prorate as of date of signing 2/4/2002 the following items: 2001/2002 Taxes and charge or credit Purchaser' s account accordingly. Assume a 365-day year in any prorate herein provided and unless the parties otherwise instruct, use the amount contained in the last available tax statement (which may include reductions based on any deferral or exemption) , rental statement as provided by the seller, lender' s statement, and fire insurance policies delivered into escrow for the prorate provided above. In the event any lender' s statement reveals a deposit, account or funds for a future payment obligation of the loan, adjust accordingly. D. RECORDING: Escrow Agent will record/file the necessary legal instruments and then pay off such encumbrances of record as may exist at time of recording/filing such instruments, and shall not be responsible for liens attaching after said date. Purchaser hereby acknowledges that they have and shall have continuing obligations to cooperate with Escrow Agent in good faith to enable Escrow Agent to fulfill its responsibilities under this agreement. Such obligations of Purchaser shall survive the closing of the transaction described herein and shall include, without limitation, the obligation to (i) disclose to Escrow Agent any liens, encumbrances or any other rights, claims or matters known to Purchaser which affect or relate to the property and transactions referred to in this agreement, and (ii) return to Escrow Agent for proper disposition any funds, documents or other property which, for any reason, are improperly or mistakenly released to Escrow Agent or to Purchaser. In accordance with the lender's instructions, Escrow Agent is authorized to place on the public record any documents required by such lender to secure its lien on the subject premises. Escrow Agent is further authorized to comply with its instructions to record such documents prior to receiving the required funds to be disbursed by the lender pursuant to the loan agreement. l Order No: 239412 LEGAL DESCRIPTION PARCEL I: A portion of the George Richardson Donation Land Claim No. 38 and in the Southeast quarter of the Northeast quarter of Section 2, 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 a point in the center of S.W. Burnham Street (County Road No. 997) , North 45°46' West, 588.04 feet from the most Easterly corner of that certain tract of land conveyed to Charles Burnham by Deed Recorded in Book "W", Page 162, Deed Records of Washington County, Oregon; thence North 42°19' East, 386.08 feet to the Westerly line of the right of way of the Oregon Electric Company; thence North 42°37' West along said right of way, 112.20 feet; thence South 42°19' West, 393 .0 feet to the center line of County Road No. 997; thence South 45°46' East, 111.80 feet to the place of beginning: EXCEPTING THEREFROM the Southwesterly 170.00 feet as described in that Deed to George A. Bullion recorded March 19, 1954 in Book 354, Page 247, in the County of Washington and State of Oregon, Deed Records. ALSO EXCEPTING from the remainder of said property the Southwesterly 100 feet thereof, the Southerly line thereof being parallel with and 100 feet distant from, when measured at right angles to, the Northerly line of the above noted Bullion Tract. PARCEL II: A 30 non-exclusive easement for road purposes, part of which is described by instrument recorded on January 22, 1971 in Book 804, Page 762, the whole being described as follows: A tract of land in the G. Richardson Donation Land Claim No. 38 and the Southeast quarter of the Northeast quarter of Section 2, 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 the most Southerly corner of the Wilcox Tract, as described in Book 595, Page 446, a point in the center of S.W. Burnham Street (County Road No. 997) ; thence Northeasterly along the Southeasterly line of said Wilcox Tract, 210 feet; thence Northwesterly parallel to the center of S.W. Burnham Street, 30 feet; thence Southwesterly parallel to the Southeasterly line of aforesaid Wilcox Tract, 210 feet to the center of S.W. Burnham Street; thence Southeasterly along the S.W. Burnham Street, 30 feet to the place of beginning. PARCEL III: A 30 foot non-exclusive easement for road purposes over the following described portion, to-wit: Beginning at the most Westerly corner of Parcel I; thence South 42°19' West 90 feet; thence on a 30 foot radius curve left to a point that is South 42°19' West 60 feet from the Southerly line of Parcel I; thence North 42°19' East 60 feet to said Southerly line; thence Northwesterly along said Southerly line 30 feet to the true point of beginning. Encumbrances, continued 7. Easement Maintenance Agreement, including the term6 and provisions thereof; Dated: January 22, 1971 Recorded: January 22, 1971 Book: 804 Page: 762 (Affects Parcel II) 8. Terms and provisions, including obligations for maintenance of easement as established by Oregon Law. (Affects Parcel III) RECITALS E. ELECTRONIC TRANSFER: Escrow Agent may, in its discretion, receive and/or disburse any funds in connection with this escrow by electronic (wire) transfer. F. COPIES: When requested to do so, copies of the Escrow Instructions and Settlement Statement showing disbursements, in accordance with these instructions, may be delivered to a] Real Estate Brokers & Agents who consummated the transaction, the mortgagee or to my attorney. G. DEPOSITS: If funds for closing are tendered in a form other than wire transfer, escrow agent will be unable to record and disburse until such time as ALL funds deposited are in collected form. All checks, money orders or drafts will be processed for collection in the normal course of business. Escrow Agent may co-mingle funds receipted by it into escrow with escrow funds of others, and may, without limitation, deposit such funds in its custodial or escrow accounts with any reputable trust company, bank, savings bank, savings association, or other financial services entity, including any affiliate of Escrow Agent. It is understood that Escrow Agent shall be under no obligation to invest the funds deposited with it on behalf of any depositor, nor shall it be accountable for any earnings or incidental benefit attributable to the funds which may be received by Escrow Agent while it holds such funds. Purchaser is hereby informed that Escrow Agent deposits all funds into a non-interest bearing trust account and receives or may receive certain credits and benefits including, but not limited to checks, deposit slips, data processing and account services from or through various banks as a result of the banking relationships maintained in the regular course of its escrow and title insurance business. Buyer waives any and all rights or claims with respect to such credits and benefits received by the Escrow Agent or any affiliates thereof. A good faith estimate of the benefits received (based on 2001 activity) is $52 .30 per escrow transaction. This disclosure is made in compliance with Oregon Administrative Rule 863-50-065 I (We) acknowledge receipt of the above disclosure H. CLOSING: For purposes of this agreement, Escrow Agent shall have completed the closing at such time as documents necessary to transfer title and/or create the security interest required for funding have been executed and deposited with Escrow Agent. Immediately following closing, as defined herein, Escrow Agent shall be entitled to payment of all fees charged for services provided. Any funds held for satisfactions/release of liens and encumbrances which have been paid through this escrow may be transferred from the account herein to the appropriate department for processing. BORROWER(S) ACKNOWLEDGE THAT, PURSUANT TO REGULATIONS ADOPTED UNDER THE REAL ESTATE SETTLEMENT PROCEDURES ACT, I (WE) HAVE A RIGHT TO REVIEW THE HUD-1 SETTLEMENT STATEMENT ONE DAY PRIOR TO CLOSING AND DO HEREBY WAIVE SUCH RIGHT AND INSTRUCT THE SETTLEMENT AGENT, CHICAGO TITLE INSURANCE CO. OF OREGON, TO PROCEED IN ACCORDANCE WITH ALTERNATIVE SECTIONS OF SUCH REGULATION: I. ACCOUNTING: The Company will retain any excess funds after disbursement of the closing escrow and will make all reasonable effort to forward those funds to person(s) entitled thereto. The Company will charge an accounting fee of $10.00 and will charge an additional fee of $10.00 for each additional month the funds are held in the event person(s) entitled to such funds cannot, after reasonable and diligent effort, be located. Said fee to be deducted from funds held. J. TIME: These instructions shall be binding on Escrow Agent until the close of business 30 days from date hereon and be performed within said period unless written demand by the Purchaser is made upon Escrow Agent for the revocation hereof; any such written notice shall be effective upon receipt of such notice. If these instructions have not been revoked prior to expiration of such 30-day period, Escrow Agent shall have the option of performing in accordance with these instructions. K. ARBITRATION: Except as noted in paragraph (2) below, if any dispute or claim arises out of or relates to this agreement, or to the interpretation or breach, thereof, Escrow Agent may at its election, (i) hold all matters in its existing status pending resolution of such dispute or (ii) it shall be resolved by arbitration in accordance with the then effective arbitration rules of Arbitration Service of Portland, Inc. , or the American Arbitration Association, whichever organization is selected by the party which first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdictior thereof. In the event suit or action is brought, or an arbitration proceeding is initiated, to enforce or interpret any of the provisions of this agreement, or in the event of a suit, action, or arbitration proceding based on the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in connection therewith. The determination of who is the prevailing party and the amount of reasonable attorney' s fees to be paid to the prevailing party shall be decided by the arbitrator(s) (with respect to attorney' s fees incurred prior to and during the arbitration proceedings) and by the court or courts, including the court which bears any exceptions made to an arbitration award submitted to it for confirmation as a judgment (with respect to attorney' s fees incurred in such confirmation proceedings) . (2) In the event of any dispute over the disposition of an earnest money deposit held by Escrow Agent of less than $2, 500.00, Escrow Agent shall have the option of interpleading said funds in the District Court or Small Claims Division of said court. EXCLUSIONS L. VARIOUS: Escrow Agent has no liability or responsibility with respect to any matters connected with the following (unless expressly authorized herein) ; (1) Compliance with/or requirements of the Consumer Credit Protection Act or Inter-State Land Sales Act, or similar laws; (2) Compliance with the requirements of Oregon Revised Statutes 537.330 (related to water rights) and any similar laws; (3) Compliance with the requirements of Oregon Revised Statutes 448.271 (Related to Well Testing) and any similar laws; (4) Provisions of ORS 537.788 regarding well ownership information notices; (5) Title to any personal property, or encumbrances thereon, including, but not limited to, personal property taxes, sales tax, instruments filed under the Uniform Commercial Code, water rights, or leased equipment on premises; (6) Forgeries or false impersonations of any person or party in connection with these instructions or this escrow; (7) Interest and/or penalties assessed due to any delay in updating county tax assessment records. M. FIRPTA: Escrow Agent assumes no liability or responsibility for the collection, with- holding, reporting or payment of any amounts due under Section 1445 and 6839C of the Internal Revenue Code, as amended, and regulations adopted thereunder (commonly called FIRPTA) . Escrow Agent is not the agent of the parties for purposes of law and/or regulation and Escrow Agent has made no representation concerning the effect of such law and/or regulation on any party to this escrow. Any determination of whether the withholding or payment of any tax is due pursuant to such law and/or regulation shall be made by the parties outside of escrow and Escrow Agent hereby advises each party to contact his or her attorney or tax advisors regarding any questions on the applicability of such law and/or regulation to this transaction. Notwithstanding the fact that Escrow Agent assumes no liability or responsiblity to the parties for compliance with Section 1445 and 6839C of the Internal Revenue Code and regulations adopted thereunder (commonly called FIRPTA) , Escrow Agent reserves the right to take any action required of it under said law and/or regulation without further instruction by the parties to this escrow. N. PRACTICE OF LAW: Purchaser has been specifically informed that Escrow Agent is not licensed to practice law and no legal advice has been offered by Escrow Agent or any of its employees. Purchaser has been further informed that Escrow Agent is acting only as an escrow holder and is forbidden by law to offer any advice to any party respecting the merits of this transaction or the nature of the instruments utilized, and that it has not done so. 0. ADVICE: Purchaser has not been referred by Escrow Agent to any named attorney or attorneys or discouraged from seeking advice of an attorney but has been requested to seek legal counsel of his/her own choosing at his/her own expense, if Purchaser has doubts concerning any aspect of this transaction. P. DOCUMENTS: Purchaser further declares all instruments to which it is a party, if selected and prepared by Escrow Agent, have been prepared under the direction of Purchaser' s attorney or itself and particularly declares that copying legal descriptions from title reports into forms of deeds, etc. , or reforming of legal descriptions or agreements is, or will be solely at its direction and request. Q. REVIEW: Purchaser has been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to herein. R. SPECIAL INSTRUCTIONS: (x) See Attached ( ) None S. Purchaser acknowledges that all terms and conditions of the earnest money agreement, amendments or addenda thereto, have been complied with to the satisfaction of Purchaser or will be complied with outside of escrow. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE OR ATTACHED INSTRUCTIONS ►T THE INSTRUCTIONS ARE THE COMPLETE INSTRUCTIONS BETWEEN THIS FIRM AS AN :ROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE >TRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT WHICH IS THE IJECT OF THIS ESCROW READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN :M UNLESS THEY ARE ACCEPTABLE TO YOU. :uted on this `-I' hn day of F.-Lela/.A1` , 20 0 . ) /311LT :stment Property Exchange '` Stephen T. DeAngelo,Exchangor fARDING ADDRESS: t, ' �/ J W 1? 1 h EFFECTIVE DATE DeAngelo's Catering & Events, Inc. Telephone(503)-620-9020 Fax(503)-620-5503 14297 S.W.Pacific Hwy. Tigard,Oregon 97224 I, Stephen DeAngelo, on behalf of DeAngelo's Catering, Inc. believe that we meet the criteria for a catering kitchen operation at the property located at 9037 SW Burnham Street. Tigard, Oregon 97223. The criteria in Section 18.360.050(b) has been met based on the following: 1. No increase in dwelling unit density. 2. No change in ratio Or type of dwelling unit. 3. No parking requiremnet change(see attached site plan). 4. No changein the type of structure as defined by Unified Building Code. 5. No height increase is scheduled. 6. No change in acessways are planned. 7. No increase in vehicular traffic is expected. (in fact a decrease would be more probable). 8. Only scheduled increase in floor area would be additional 228 square feet of pre fabricated Walk in cooler space. Less than 10% as required. 9. No planned reduction of open space. 10. No reduction of landscape provision is planned. 11.No scheduled modifications of conditions in the above criteria. BUILDING INFORMATION 25'-11"± r ` 26'-3" + N 12.2 TOTAL AREA 2628 SQUARE FEET I 1 12 1 \ 1 ______ OCCUPANCY TYPE CATERING I EXISTING Y EXISTING BUILDING PREFABRICATED LANDSCAPING 1 AT.K7.IN.COOT.F,R '_'_'� CONSTRUCTION TYPE EXISTING: VN 1 CONCRETE FLOOR, CMU EXTERIOR WALLS, 2X WITH ■ GYPSUM BOARD INTERIOR PARTITIONS, MANUFACTURED ENTRY ROOF TRUSS SYSTEM, COMPOSITION SHINGLES EXISTING CONCRETE WALK O I �1 22'-6°+ SPRINKLER AND ALARM SYSTEMS / EW ACCESSIBLE AISLE - - - - CONCREXISTBILNG OCK OWRWALL---- 'd p 5 STEMS EEUAIURB NONE 1230' EXISTING RAISED 3'-'' 116 e' I LANDSCAPING - �� O 3 EXISTING DECORATIVE —NEW HC SIGN 7 CONCRETE BLOCK LOW WALL SEE 3/AI EXISTING - j SITE INFORMATION V V PARKING EMOVE EXISTING O) 1 2 _la ASPHALT CAR ZONING BUMPERS OR HC AISLE AND STALL EXISTING CO 1 `� LAYOUT SEE 21A1 LANDSCAPING EW PARKING LAYOUT 5 IHC '1111 AND STRIPING O C B D SITE NUMBER 1 4' 1 9'-0" 1, 9'_0" 1, 9'_0" 4. 13'-0. 1, O o 4 1601 - - - - I - 3 LOT SIZE I EXISTING PARKING N .31 ACRE I I A D G 18'-0" MAP & TAX LOT # • LNS 2S102AD-1601 I EASEMENT TO ��` BURNHAM STREET I ADDRESS --\--- - - 1174 N 9037 SW BURNHAM ST., TIGARD, OREGON, 97223 0 SITE PLAN _ vis'=r-Cr 41k4N OCCUPANT DEANGELO'S CATERING, INC. OWNIR STEVE DEANGELO 13215 SW 124th TIGARD, OREGON 97223 ADDITIONAL DOCUMENTS Letter of Transmittal City of Tigard DATE RECEIVED f-i PUP D ZDO2 -0000 RECEIVED 64) CITY OF TIGARD PLANNING/ENGINEERING TO: �� DEPT: 1CO FROM: ofa1-Q t (\fiktigC6) PHONE NUMBER: 503 - 713 - g020 C Q (0-2_0 - go 20 cp RE: ali-jeb-fd-, i (Case number, siaddress, parcel number, etc.) COMM TS: /6Ali-fri01/V9- i:dsts\forms\LetterTransmittal.doc 07/31/01 4"TYPE B-VENT 6'FLUE CLEARANCE -SANDWICH PREP TANKLESS • STAINLESS_ STAINLESS -FLOOR SINK ti0T V A-ER PREP PREP -SANDWICH WRAPPER •-'--, - COMPRESSOR ;:1;5�3 F ��.����.��� DRY STORAGE COMPRESSOR ::�-41. ROOF MOUNTED + STAINLESS ..11:111-:°46��;� �y;4 MOP SINK L PREP SINK STAINLESS 2 8"X 6'-0`DOOR r}� 41� _ EXISTING FURNACE PREP PREP RLcZG;z �'��'1I � 3° FREEZER 1- 1•e••1:. FLOOR i}ter!-$ .� DRAIN TYPE I HOOD ' };��;t;•?iy; 3'-0"X 6'-8"DOOR-SELF CLOSING 1:•11 ••1 W/FIRE SUPPRESSION SYSTEM ir��4;A WITH LEVER HANDLE WALK-IN M • r,,4,;∎.r,4i STAINLESS TABLE COOL'cR' COOLER • 1-1 c�Qy//�l/1 MI der .1-. •� : 7 W/OVERHEAD �/:71 / �j•i}� !I0L1�:,! 3'-O"X 6'-8"DOOR TROUGH DRAIN el f � ((� I l i1•�•411:41 WITH LEVER HANDLE ' ' STORAG_ /QW(�`Ia4w 1 J M� ��• �'�• KITCHEN C r}'r��:=!':: GAS ��1� OFFICE HAND SINK 18" ELECTRIC i EXISTING `_ � GAS STOVE DOUBLE STACK O r 14.4•rRO 3'-0"X 6'-6'DOOR STEAM G DOOR 4'-D"WALK-IN CL� U �J 0.j,..}_,,", /- SO. OVEN CONVECTION OVEN /�ii2VOtSEP SIT° �j t.,yr,-t•,•�,- WITH LEVER HANDLE j DUCT KETTLE r C COOLER 1" I t•11 AND ADA COMPLIANT / ' / CLEAN COUNTER ENTRANCE •Yo r..;.! / ' I t� r}.1', •-,'"4 IGN / r------� -- r • e DISH WASH FOR DISHES ork.tvrnA�i t Vii: �_:I1 0 I �K�:, :1 : ' j SINK PREWASH GREASE TRAP C li / l i 0 «\ M>)1�1V j 7()2-000% t yrovat- r�_1 rIP •1'+ 6C / !#t�l�j �; / INTERCEPTOR ti,•! • '1 6A A2 / " /4''rLOOR DRAIN FLOOR it 1 g:; 6B � HALLWAY ' - • 0 SINK ///t•.• • jh V RESTRO BROILER DUCT S HAND SINK 1.j�i0r!i I © GRILLO \\\ ti ,1 I o�I o, % v -TYPE II HOOD 0 — � ������ 1:��i1=� *•• % '• 3'-0°X 6'8'DOOR �'•:1!�11••'1!•i EXISTING . J / 3'-0°X 6'-8'DOOR il'••il 4:• PLUMBING ••. 0 WITH LEVER HANDLE 0 v'�•:41v.• ! WALL ••• 0 EQUIPMENT 0 ADS 3 il-:Nsii1•4• I 8 LAUNDRY I 3-0"X 6'-B'DOOR DOOR DISHWASHER CONCRETE SLAB ri re.�• OFFICE / `-0!•4".,17:i 0 STORAGE SWINGS 2 WAYS a 4"THICK 3500 PSI 1�'∎�1 :.� __ / 3'-C'X 6'-8'DOOR �!,%•r! i 0 WITH LEVER HANDLE 1•�atIVII, 3'-0'X"6'-8"DOOR / / STAGING Itrtai•:12 WITH LEVER HANDLE I I AREA +- r}�:.�}�._; TYPICAL-ALL INTERIOR WALLS. / + ...tirl%V11.;,.% 0 NON-LOAD BEARING FULL HEIGHT / ..rr;;.••••4 % INTERIOR PARTITIONS.2X4®16'O.C. / - •. • ilq,!. 1.; • CONFERENCE WITH 112"GYPSUM BOARD ON EACH SIDE. / 1�•�I�. ROOM % / EXISTING i•����y.� PROVIDE FIRE STOPPING/BLOCKING PER UBC DOOR r:-fi���%��� EXISTING % REQUIRMENTS. /• i" V11 1 DOOR 0 i F 3'-0°X 6'-8"DOOR tiS;! ,t:;r l =�—. ....A '���I .-i• EXISTING. .' I-':.E s EXISTING' 1.• 1 • i•,. �.•• •-•. •.. •. DOOR � ' DOOR • it Viitr ti ••i .fib -• � •• • •• - - - .•-•-•r••rd' ' • • 3'-0'X 6'-8"DOOR • :• • • ..- - . K•..." • . :• 'EXISTING CONCRETE WALK ! '•-• •!•.� '• '..-.4•••} '.WITHLEVERHANDLE . + _ ! • ,- -' "*r .••..- 4'=�4.1 •- . .. .• ' • its. • � ••. _ 4 '° • , • _ • -• . - •I •'.•• 'j. .••.• SITE PLAN I 1 CATERING BUILDING 9037 SW BURNHAM ST. SCALE 1/8"=1'-0" 1 •