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MMD2009-00019 MMD2009 - 00019 SCOTT & HOOKLUND IMPROVEMENTS 1 NOTICE OF TYPE I DECISION U, MINOR MODIFICATION (MMD) 2009-00019 SCOTT & HOOKLUND TREE AND STORM DRAINAGE REPLACEMENT 120 DAYS = 9-26-2009 SECTION I. APPLICATION SUMMARY FILE Copy FILE NAME: Scott & Hooklund Tree and Storm Drainage Replacement CASE NO.: Minor Modification (MMD) MMD2009-00019 PROPOSAL: The applicant proposes to remove and replace eight trees and the storm drain lines from the northeast corner of the building to the street connection. The drain lines are grown shut from the root system of the trees.The proposal is to bypass existing lines with modern piping.The tree replacements will be chosen in consultation with the City Arborist for type and size and low level shrubs and plantings will be installed consistent with the original development plan. No other work is proposed. APPLICANT: RAM Services OWNER: Scott& Hooklund Robert Pavlukovich Michael Scott, Partner PO Box 231061 9185 SW Burnham St. Tigard,OR 97281 Tigard, OR 97223 LOCATION: 9185 SW Burnham Street;WCTM 2S102AB,Tax Lot 05200. ZONING DESIGNATION: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic,retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted. APPLI CABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. 11L\1D2009-00019 Scott&Hooklund Tree/Storm drain Replacement Decision 052909 Page 1 of 4 r' CONDITIONS OF APPROVAL PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall install the number,species and sizes of replacement trees in consultation with the City of Tigard Arborist. 2. Applicant shall co-ordinate the location of tree plantings near the right of way with the Engineering Division to conform to the setbacks resulting from the Burnham Street improvements. 2. Applicant shall request final inspection by the Planning Division prior to requesting final inspection for occupancy from the Building Division. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 9185 SW Burnham Street, WCTM 2S102AB, Tax Lot 05200. The parcel consists of the Scott & Hooklund Real Estate Partnership office building and its associated parking lots. The property to the east has granted a traffic and utility easement for access to the back parking lot and to install or repair any utilities. Proposal Description: The applicant proposes to remove and replace eight trees and the storm drain lines from the northeast corner of the building to the street connection. The drain lines are grown shut from the root system of the trees. The proposal is to bypass existing lines with modern piping. The tree replacements will be chosen in consultation with the City Arborist for type and size and low level shrubs and plantings will be installed consistent with the original development plan. No other work is proposed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed.There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. No additional on-site parking is required. Therefore, this criterion does not apply. M MD2009-00019 Scott& Hooklund Tree/Storm drain Replacement Decision 052909 Page 2 of 4 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off-site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; There will be no increase in vehicular traffic to and from the site. Therefore, this criterion does not apply. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; There will be no increase in floor area. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. The proposal does not reduce the project amenities.Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of side development review approval which are not the subject of B1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. MMD2009-00019 Scott&Hooklund Tree/Storm dram Replacement Decision 052909 Page 3 of 4 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MAY 29, 2009 AND BECOMES EFFECTIVE ON MAY 30, 2009. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at(503) 639-4171. /', i May 29.2009 APPROVED BY: e ►el"Hap"Watkins DATE Assistant Planner M.MD2009-00019 Scott&Hooklund Tree/Storm dram Replacement Decision 052909 Page 4 of 4 • - " Cite of Tigard Minor Modification - Type p I Application GENERAL INFORMATION In addition, the Director must find that the proposed Property Address/Location(s): % $r S change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code. To complete 61.4 44.../..,i4/im 5 this review, the Applicant's proposal must include a Tax Map&Tax Lot#(s): !o Z p/j-o 52o discussion indicating how the site expansion/change will continue to comply with the maximum setback, building Site Size: , 3 c. height, parking, and landscaping standards. Other ' requirements of this title such as clear vision, solid waste Applicant'': 1. 4,vi $€21//C-1/4• S, r✓+ L. storage, non-conforming situations, signs, and tree Address: eo 13104. I removal may also be applicable depending on the type and City/State: 77 4,-44,0 c ofZ.. Zip: g?a9 ( location of the proposed modifications. Primary Contact: (tog Ems- P/}yC,y(<o vc c c� Phone:513 330 1 Zt.) Fax: SD 3 S—)g 3 Y0 r E-Mail: rq-.- 5 e4- g e. •h Property Owner/Deed Holder(sr: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) Sco TT�-Ha o lc�q,.Ja c. tiSi�i� /°�¢rc-T •t Stec P (Applications will not be accepted without the following required submittal elements) Address:, Q t r S- S w '3'.- 4.4-6.+4..1 Phone: ,s a 3 L v.i ro City/State: p 6414 a — Zip: S ]L z ❑ Application Form ❑ Owner's Signature/Written Authorization * When the owner and the applicant are different people, the ❑ Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in ❑ Site Plan(3 Large Plans&One-Reduced to 81/2"x 11") possession with written authorization from the owner or an ❑ Applicant's Statement/Narrative(3 copies) agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a ❑ Filing Fee $574.00 written authonzation with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050 - Site Development FOR STAFF USE ONLY Review or Section 18.330.020 (2) - Conditional Use. If the () A- _ modification exceeds the maximum allowed under any one or Case No.s :_ Jr D00/9 more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a Other Case No.(s): rJ new Site Development Review or Conditional Use Permit. �� Receipt No.: 1.9 3� 7 Applicant's Statement: Date: / fff The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050 or Application Accepted By 18.330.020(B)(2) must be addressed with a detaonse Date Determined Complete: to each criterion. Failure to provide the information needed Revised: 14-Nov-08 curpin\masters\land use applications\m nor modification app.docx to process the application would be reason to consider an application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 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 site plan,attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,and maybe revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of ,20 a /CI Owne r: :ture Owner's Signature Owner's S'' "T.re Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd., Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov Page 2 of 2 1 J n CITY OF TIGARD RECEIPT ■ 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 173437 - 05/06/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2009-00019 Minor Modification to an Approved Plan 100-0000-438000 $500.00 MMD2009-00019 Minor Modification to an Approved Plan- 100-0000-438050 $74.00 LRP Total: $574.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1407 KPEERMAN 05/06/2009 $574.00 Payor: Scott& Hookland Real Estate Partnership Total Payments: $574.00 Balance Due: $0.00 Page 1 of 1 City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, OR 97223 II May 13,2009 • • i TIGARD RAM Services,Inc. Robert Pavlukovich PO Box 231061 Tigard, OR 97281 RE: Minor Modification 9185 SW Burnham Street Dear Mr.Pavlukovich, I am in receipt of preliminary reviews by other divisions in Community Development and the following items must be addressed before I can deem the Minor Modification Application complete: Engineering review: 1. Show existing storm drain lines and catch basins on the site plan. 2. Show proposed storm drain lines and catch basins on the site plan. 3. Show all pipe diameters and inlet elevations at the catch basin and the storm lateral at the property line from the storm main on the site plan. 4. Show drainage from the rear parking lot and any other source to the north on the site plan. If you have questions,please call me at 503-718-2440 or e-mail me at hapna,tigard-or.gov. S. erely, Vii i It g'141//' 1' Darrel"Hap atkins Assistant Planner CC: File MMD2009-00019 MMD2009-00019 Tree&Storm Replacement 051309 Page 1 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 RECEIVED MAY 2 0 2009 May 13,2009 CITY OF TIGARD PLANNING/ENGINEERING RAM Services, Inc. Robert Pavlukovich PO Box 231061 Tigard, OR 97281 RE: Minor Modification 9185 SW Burnham Street Dear Mr. Pavlukovich, I am in receipt of preliminary reviews by other divisions in Community Development and the following items must be addressed before I can deem the Minor Modification Application complete: Engineering review: 1. Show existing storm drain lines and catch basins on the site plan. 2. Show proposed storm drain lines and catch basins on the site plan. 3. Show all pipe diameters and inlet elevations at the catch basin and the storm lateral at the property line from the storm main on the site plan. 4. Show drainage from the rear parking lot and any other source to the north on the site plan. If you have questions,please call me at 503-718-2440 or e-mail me at hap(,tigard-or.gov. Sincerely, 1)3 11-'L lik' / /J�,r�C I G I I J li Darrel "Hap"Watkins r 1 /� ' ■/ P-- _ N Assistant Planner a� 1 <J f P/WL✓ ,i/. I g n � ` V� CC: File MMD2009-00019 l� 1 N P4/21 -0-11'7 Az? ri h5 © F dl(L � �ur�`'K f()-6)4& 1bN -a" ` S i�fv✓�T^ l r 1 rJr) 10 (6 te)---- MMD2009-00019 Tree&Storm Replacement 051309 Page 1 .iodeling And Maintenance Services, PO Box 231061 Tigard, OR 97281 (503) 330-7267 CCB# 66997 RECEIVED May 18, 2009 MAY 2 0 2009 CITY OF TIGARD City of Tigard PLANNIKVENGINEERING Attn: Hap Watkins Re: 9185 SW Burnham—Engineering response Hap, Here are three copies of the answers to the engineering review. As you may recall, our intention is to follow the current rain drains at the same pipe diameter as existed at the time of construction, but to replace the concrete pipes with ABS. Where we attach to the storm main is a matter to be finalized after our discussion with Mike (I think that's right!). He told us he would reattach to the main when the street improvements were completed,and it would be easiest for him to follow the current line. We have not determined if the existing line is still viable, but will do so when we open it up, and will let everyone involved know of our options at that time. I have shown the lines and catch basins on the drawings, however, I cannot determine that there are any surface measures for the adjacent lot for water runoff other than that which follows the driveway. At the street side of the driveway is a catch basin, and that one is affected in a similar way to our property—it collects water and very slowly disperses. Please let me know if you need more information, I will be glad to assist. Sincerely Bob Pavlukovich RAM Services, Inc. 503-330-7267 City of Tigard, Oregon 13125 SW Hall Blvd. • Tigat .., OR 97223 • • V N T' ARD May 29, 2009 RAM Services, Inc. FILE COPY Robert Pavlukovich PO Box 231061 Tigard, OR 97281 RE: Minor Modification 9185 SW Burnham Street Dear Mr. Pavlukovich, I am in receipt of your supplemental information as requested by the Engineering Division and can now deem your application complete. I will begin review on Monday and should have a decision for you within the week. Thank you for your timely response. If you have questions, please call me at 503-718-2440 or e-mail me at hapa,tigard-or.gov. S' erely, VikiN 1r l Darrel"Hap"Watkins Assistant Planner CC: File MMD2009-00019 MMD2009-00019 Tree&Storm Replacement 052909 Page 1 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 nodeling And Maintenance Services, hoc. PO Box 231061 Tigard, OR 97281 (503) 330-7267 CCB# 66997 RECEIVED MAY 0 6 2009 April 28, 2009 CITY OF TIGARD PLANiW 1G/ENGINEERING City of Tigard Type I Application Letter Minor Modification Attention: Director This letter shall serve as our statement of qualification for this Type I Minor Modification for Scott/Hookland 9185 SW Burnham St. The project we are proposing is required because of the following: Our current system of handling runoff water and rising water tables, while still functional, is not adequate for the future, due to extreme root invasion The trees (Sweet Gum) have extensive root systems which have invaded the concrete pipe runoff system The concrete pipe runoff system can no longer be totally cleared of roots Any correction of the concrete pipes will cause extensive damage to the roots of the trees and therefore make them unstable or unsafe It is our desire to make corrections to the water issues facing the building and in so doing will need to make a minor modification to the property as it relates to the landscapin conditions imposed at the time of site development as defined in Section 18.360.050 B 11. Our response to all requirements of Section 18.360.050 is included on the following page. Sincerely, Robert Pavlukovich RAM Services, Inc. Contact Phone Number 503-330-7267 Scott/Hookland Proposal pg. 2 Response to Sec. 18.360.050 Al. Three copies attached of the modified site plan A2. Narrative follows below B 1. Does not apply: No change in dwelling unit density B2. Does not apply: No change in ratio or number of units B3. Does not apply: No change in on-site parking B4. Does not apply: No change in type of structure B5. Does not apply: No change in height B6. Does not apply: No off-site traffic affected B7. Does not apply: No increase in vehicular traffic B8. Does not apply: No change in floor area B9. Does not apply: No reduction in common space B l OA. Does not apply: No reduction in recreation facilities B I OB. Does not apply: No reduction in screening B l OC. Does not apply: No reduction on landscaping provisions except as defined in B11 B11. The modification of the affected property will be the removal of trees and/or other vegetation as described in the plan and the replacement of acceptable vegetation as required. The original site development review approval included the current and invasive trees. No significant changes to the vegetation have been made since the original site approval. It is our intention to replace the Sweet Gum trees with a less invasive type. We are open to the suggestions of the City Arborist, Todd Prager and he is aware of our willingness to provide acceptable, albeit less mature trees as a replacement. As of this time, we do not have a specialist recommending a specific type of tree and expect to work with Todd Prager in this matter. Respectfully submitted, Robert Pavlukovich RAM Services, Inc. Contact Phone 503-330-7267 Scott/Hookland Proposal pg. 3 It is our understanding that the property line including this area proposed to be modified is solely owned by Scott/Hookland, and that the only document other than the title geed for this property required for submission of the modification request is the enclosed document"Reciprocal Easement Agreement For Access Purposes". This documerl/ states that the private roadway has been established as a permanent, perpetual, and mutual easement for right-of-way purposes. It is our understanding that no signatures other than those from Scott/Hookland are required to process this request for modification. Both neighboring properties with which we share this driveway have been notified pf our proposed modification. Please provide further documentation should more signatures be required for this proposal. Respectfully submitted, Robert Pavlukovich RAM Services, Inc. Contact Phone 503-330-7267 ,, .. (34 . _ . 1144 . BARGAIN AND BALE DEED Escrow Numbs rt 4326988r CONSISTING MALL _N BPAT'RICE PRISMS, That ThatMIURRER and SSCOT hREALoESTATEcPAlTNERSHIP grantor, for the consideration herein stated, does hereby grant, bargain sell and convey unto SCOTT S. HOOKLAND REAL ESTATE PARTNERSHIP CONSISTING OF MICHAEL J. SCOTT AND DOUGLAS R. HOOKLAND hereinafter called grantee,and unto grantee's helm, suoauore and*signs all of that certain reel progeny with the J %anemone,haredftamente end appurtenances appertaining thereto,situated in the County of Washington State c Oregon,described u follows. 1---..t1 See Attached Legal Description Exhibit "A", .111.1114,',.. WAenINGTGN COUNTY S2i ',.. •, I►Ei1L TY n t4N.S+r£ PI! IMI0 DATE Cl E:11 3 G , To Have and to Hold the same unto the cud grantee and grantee's hake,suooeston and assigns totem, Fr g The true and actual consideration geld for this transfer,stated in terms of dollars,is II 144,000.00 7. .. 7 - Dated this 10TH day of AUGUST, 2000 ;if this d Hen by a oorpomte grantor,ha name Is signed by Its authorized*floors by authority of the Board of Directors. SCOTT, PARTNER _ eFx '' C '�++ � NO „ � E PATRICK J. ER, PARTNER `,,,1 COYIAteS1OM%0.06072 r t C.Ou ESION EXPIRES NOY 2S.2000 STATE OF OREGON,County of STATE OF OREGON,County d Clackamas Personally appeared AarsenaaY apPesred MICHAEL J. SCOTT, PARTNER, and ` UGtlft%/f+t! W9VVIMV07,071411 PATRICK J. who,being duty sworn,each for himself and not one toe re ate,did say teat FURRER, PARTNER the former is the pros it Vat the letter is eta secretary of and acknowledged the brogan; Instrument lo be warntary as end dead. and Mel his instrument was signed on Whet of V.oorporoeon,by araorM of their to bard d directors and is adnowfedged to be its voluntary set and deed. Belpre me, Before me: ii./),I.L,/ .z./.d / Pubic kw Oregon Notary Public for Oregon °commission opts.. 11-25-00 try co,nttuion expires Mgr r000nLng return to: STATE OF OREGON. Mr. MICHAEL SCOTT, PARTNER County 01 9185 SW BURNHAM STREET y TIGARD, OR 97223 I certify that the within lnstru- ment was received for record on the day of ,1g at o'clock M.,and recorded in book/reeVvoiume No. ,on line adwnge is requested all tax statements page or as fee/lle instrument/ she be sent to the IoIowng aeu. microfilm/reception No.______ Mr. MICHAEL SCOTT, PARTNER Records of Deeds of said county. 9185 SW BURNHAM STREET Witness my hand and seal of TIGARD, OR 97223 County affixed. NAME TITLE. BY Deputy Form No,504-CantpoAv • �► • EXHIBIT "A' . Legal Description A tract of land in the Cleo. Richardson Donation Land Claim No. 38, in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette heridian, in the City of Tigard, County of Washington and state of Oregon, more particularly described is follower Commencing at a 5/e inch iron rod at the most sascerly corner of that certain tract of land conveyed to the public in Fee No. 87-37071, Washington County Deed Records; thence North 44.59'34• West along the Northeasterly line of said Fee No. 87-33071 a distance of 192.26 feet to the most Northerly corner thereof, and the true point of beginning; thence South 54.00'51" Weft 10.12 feet to a point that is 20 feet Northeasterly from, when measured at right angles to, the Center line of s.W. Burnham Street; thence North 44'S9'34' West, parallel with and 20 feet Northeasterly from said center line a distance of 55.09 feet to a point on the Northwesterly line of that certain tract of lend described in memorandum of Contract recorded in Fee No. 86-62045, Washington County Dead Records; thence along said Northwesterly line through the following courses: North 49.01'21" Dalt 118.96 feet; North 49'03'12' East 46.51 feet; and North 48'54'20' East 96.82 feet to the point on the Southwesterly line of that certain tract of land conveyed to Dale C. DsHarport, it al, in Fee No. 79-41579, Washington County Deed records; thence South 44'59'34' East along said Southwesterly line 61.50 fest to a 3/8 inch iron rod found thereon; thence South 44.13'39' West 98.03 feat; thence South 54'00.51' West 155.56 feet to the most Northerly corner of said Fee Nc. 87-33071, and the true point of beginning. 3 94045520 Washington County Page 1 of I STATE OF OREGON L SS County of Washington f I, Jerry ;. an p • of Assess- ment and< - ►('tin s311 o County Clerk for Alt • • e5 • • :rtify that the with•. rui.tr. j: :•, i' • • `+eceived r " o• - ti ...;• i ��•: ..f said county * " . and re r@"Sc�,��`�7 _ 'I �, cp 7' c';t< . y� . , 'cif ei. I: :0 .irector of axation, Ex- rt2'•.:. : lark Doc : 94045520 Rect: 122032 78. 00 05/10/1994 09: 52: 08AM • AFTER RECORDING, RETUI to: PATRICK J. FURRER PO BOX 23414 jiiy TIGARD, OR 97281 /)V RECIPROCAL EASEMENT AGREEMENT (� FOR ACCESS PURPOSES NC DATE: PARTIES: CLIMATE CONDITIONING, INC. (hereinafter "Climate") , as the owner and in possession of parcel A, described in Exhibit "A, " attached hereto and incorporated herein by this reference; and J&B VENTURES a partnership of JACK SMITH and BRAD -- - SMITH hereinafter referred to as J&B VENTURES, as the owners and in possession of parcel B as described in Exhibit "B, " attached hereto and incorporated herein by this reference; and FURRER & SCOTT REAL ESTATE PARTNERSHIP, as owner in and in possession of parcel C, as described in Exhibit "C, " attached hereto and incorporated herein by this reference. RECITALS: The parties to this agreement intend to create a permanent, perpetual, mutual easement for right-of-way purposes for the use by J&B VENTURES and the Furrer and Scott Real Estate Partnership for use by them as a private roadway. Such easement shall be appurtenant to and shall benefit all of the property described in Exhibits "B" and "C. " The parties therefore agrees as follows: AGREEMENTS: SECTION 1. GRANT OF EASEMENTS; ESTABLISHMEENT OF RIGHT-OF-WAY 1.1 CLIMATE hereby grants and conveys to J&B VENTURES; and also to Furrer & Scott Real Estate Partnership and their respective heirs, successors and assigns permanent easements and rights-of-way on, over, across, and along the real property described in Exhibit "D, " attached hereto and incorporated herein by this reference. These easements shall form a continuous right-of-way as described in Exhibit "D. " Climate hereby specifically grants to J&B Ventures and the Furrer & Scott Real Estate Partnership their respective heirs, successors and assigns easement rights respecting the property described in Exhibit "D, " which shall be irrevocable and perpetual appurtenant easements to and benefit of Parcels B and C and shall not be construed as a license or, easement subject to termination. PAGE 1 OF 9 • 1.2 Such easement and right-of-way may be used for vehicular and pedestrian ingress and egress purposes by the parties and their heirs, successors and assigns, (hereinafter "Parties. " ) to this agreement as further defined and described herein. No Party shall have the right to park, load or unload any vehicle in the right-of- way, other than under emergency conditions. Use of the right-of- way shall be on a regular, continuous, nonexclusive, nonpriority basis, benefiting the parties, their successors, assigns, lessees, mortgagees, invitees, guests, customers, clients, agents, and employees. However, no Parties' rights hereunder shall lapse in the event of that Party's or any other Party's failure to use the easement and right-of-way on a continuous basis. 1.3 Upon the request of either Party the other Party shall grant to the requesting party (or its designee) such reasonable, additional permanent, appurtenant easements under or along the private roadway as are necessary for installing, repairing, or maintaining water, gas, sewer, storm drainage, electrical or telephone lines and facilities servicing all or in portion of the property benefited by this agreement. In no event shall any such easement extend beyond the easement areas as described in Exhibit "D. " The cost of all such installation, repair and maintenance shall be borne by the party requesting the grant of such easement (or its designee) , unless the grantor of such easement shall also use such easement for similar purposes. If the grantor of the easement so uses the lines for facilities installed within such easement, the parties shall jointly share such costs based upon the percentage identified in Section 2. No improvement shall be constructed or removed upon and no landscaping shall be planted or removed without the consent of all the parties. 1.4 No installation, repair or maintenance of any such utility line or facility shall curtail or unreasonably impede use of the private roadway for vehicular ingress and egress. SECTION 2. MAINTENANCE AND REPAIR; TAXES AND INSURANCE 2.1 The cost of periodic maintenance and necessary repairs to the private roadway shall be borne equally by Climate, J&B Ventures and Furrer & Scott Real Property Partnership as to the property described in attached Exhibit "D. " Such maintenance repair shall be performed by the respective parties on a prompt, diligent and regular basis and in accordance with the generally accepted street and road maintenance standards existing under the laws of the City of Tigard, Oregon, including but not limited to prompt patching or filling of damage to the pavement and resurfacing at least every 10 years. Required maintenance shall include the removal of snow, ice and debris as soon as practicable after their occurrence. 2.2 The parties hereto shall agree at times necessary as to the necessary maintenance and repairs required of the roadway and if PAGE 2 OF 9 such agreement between the three of them cannot be reached the matter will be subject to arbitration by the Arbitration Association of Portland and such arbitration shall be mandatory and the decision of the arbitrator final as to the requirement that the work be done and who shall perform the work. 2.3 The parties hereto agree that they shall share equally the cost of real property taxes, assessments, and other charges against the property described in Exhibit "D" . While fee title to such property is held by Climate the real property taxes attributed to the square footage of the roadway easement as bare land shall be divided and paid one-third (1/3) by J&B Ventures and one-third (1/3) by Furrer & Scott Real Estate Partnership and one-third (1/3) by Climate. It is understood that such property taxes will be billed to Climate Foster and immediately upon that billing the square footage of the easement area shall be determined and the property tax attributable to the value of that property shall be paid as set forth above. Each party shall, upon execution of this easement, provide evidence to the other party that public liability insurance with minimum combined limits of not less than one million dollars is in force at all times and relating to all activities, conditions, operations and usages on or about that real property described on Exhibit "D," attached hereto and made a part hereof. Each party hereby indemnifies and holds harmless the other party arising out of the usage of the real property described in Exhibit "D. " SECTION 3. CONDEMNATION; DEDICATION 3.1 In the event that the private roadway or any part thereof is taken by power of eminent domain, or is conveyed under threat of condemnation and such taking will render the private roadway unusable for normal, regular, vehicular ingress and egress, this agreement shall terminate. If such taking does not render the private roadway so unusable, the obligations of a party whose portion of the roadway is taken shall be abated to the extent of such taking, but this agreement shall otherwise continue in full force and effect. Proceeds from any such condemnation shall belong exclusively to the fee title owner of the property so taken. 3.2 If the parties are requested by an appropriate governmental jurisdiction to dedicate the private roadway for public use, or if one of the parties so requests such a dedication, each party shall promptly execute and deliver to such jurisdiction deeds conveying their respective portions of the roadway for such purposes. SECTION 4. BREACH OF OBLIGATIONS In the event either party shall fail to perform its obligation under this agreement, the other party shall be entitled to require such performance be suit for specific performance or, where appropriate, through injunctive relief. Such remedies shall be in PAGE 3 OF 9 addition to any other remedies afforded under Oregon law and those rights of cure and reimbursement specifically granted under this agreement. SECTION 5. ATTORNEY FEES In the event of any litigation arising under this agreement, the prevailing party shall recover from the losing party the prevailing party's reasonable attorney fees at trial or on appeal as adjudged by the trial or appellate court. SECTION 6. EFFECT OF THE AGREEMENT The easements granted hereunder shall run with the land as to all property burdened and benefited by such easements, including any division or partition of such property. The rights, covenants and obligations contained in this agreement shall bind, burden and benefit each party's successors and assigns, lessees, mortgagees (or beneficiaries under a deed of trust) . Each of the parties hereto has been represented, to the extent desired, by legal counsel of their choice with respect to this transaction and each party and hereby does consent to the representation of the other party by such legal counsel. Neither Furrer & Scott Law Partnership or Furrer & Scott Real Estate Partnership is acting as an attorney or counsel for any other party to this transaction and each and every party is expressly directed to obtain legal counsel to represent their interests in and to this agreement, has previously represented J&B Ventures and J&B Ventures understand agree and consent to this agreement with the understanding that the interest of Furrer & Scott Real Estate Partnership and Furrer & Scott Law Partnership may present a potential conflict with their interests in and to the property. CLIMATE CONDITIONI, - , INC. NIE FOS ER FURRER & OTT J&B VENTURES• L /��� By: • By: . . • • TRICK J. URRER ' . Y t PAGE 4 OF 9 STATE OF OREGON ) .ss . County of Washington) This instrument was acknowledged before me on , 1994 by LONNIE FOSTER as President ofVPI@4 CLIMATE CONDIT ONING, INC. €_Notary Public for Orego My Commission expires: -�'4 STATE OF OREGON OFFICIAL SEAL r, SS . -'' ROOM I.BARNETT • �, `' NoTARYNAUC-OREOON p County of Washington) / '� COMMISSIONNOpg 1 MY COMMISSION EXPIRES NOV.28,1907 9, On this day of Y` 1 before me the above named BRADLEY SMITH and, being first duly sworn, did say that he is a General Partner of J&B VENTURES and he signed the foregoing RECIPROCAL EASEMENT AGREEMENT on behalf of said partnership. S2,)(411/U ? t& &- Notary Public for Orego My Commission expires: -S4 •\'�111'�T11'11'�t`11ti11\'`11111'� STATE OF OREGON ) •s s . r �s1' OFFICIAL SEAL ROSYN L RIi SATT County of Washington) th , a•. -� NOTARYNJlUC•OREOON r On this day of ALA = t.4'2`sv: Peared before me the above named PATRICK J. FURRER an. , •eing first duly sworn, did say that he is a General Partner of FURRER & SCOTT and he signed the foregoing RECIPROCAL EASEMENT AGREEMENT on behalf of said partnership. Notary ublic for Orego My Commission expires: li^ ��� ;. OFFICIAL SEAL "iv ROSYN L SARNETT / "Oa" I• c�u "oo 9 MY COMMISSION EXPIRES NOV.28,1907 »�ti�ti-�•�t����1�11-�1-�ti�titi�ti PAGE 5 OF 9 (.0 • • 1 ' AM[ , � � 4 STATE OF OREGON, }ss. County of WASHINGTON BE IT REMEMBERED, That on this. 21 et . .. day of APRIL , 19..94., before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Jack..E.,...Smith known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. OFFICIAL SEAL NOTARY PUBLIC-OREGON rn::S' :NINO.010055 Notary Public for Oregon. MY L"7'''1S'. •!::.i',': 3 CCT.8, 1995 My Commission expires...10-18-95 • • • 7 • N BURTON ENGINEERING & SURVEYING, INC. . 1 w . C Civil Engineers • Land Surveyors t •' I j• 302 Tigard Plaza • Hall Blvd. & Pacific Hwy. • Tigard, Oregon 97223 s Phone 503-639-6116 • FAX 503-639-6117 • REGISTERED PROFESSIONAL. JANUARY 18, 1994 L4ND SURVEYOR LEGAL DESCRIPTION FOR : FURRER & SCOTT OREGON JOB NO. 93-299 JANUARY 15. 1207 DANIEL T. BURTON 112248 ADJUSTED TAX LOT 5301 A TRACT OF LAND IN THE GEO. RICHARDSON DONATION LAND CLAIM NO. 38, IN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A 5/8 INCH IRON ROD AT THE MOST EASTERLY CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE PUBLIC IN FEE NO. 87- 33071 , WASHINGTON COUNTY DEED RECORDS; THENCE NORTH 44 059 ' 34" WEST ALONG THE-NORTH STERLY LINE OF SAID FEE NO. 87-33071 A DISTANCE (Oi 161 .89 FE 0-THE TRUE POINT OF BEGINNING; THENCE _NORT=H-5 ° `-51-2--EA 153 . 37 FEET; THENCE NORTH 44 013 ' 39" EAST 100. 19 FEET TO A POINT-ON-THE SOUTHWESTERLY LINE OF THAT CERTAIN C POINT-ON-THE OF tAND CONVEYED TO DALE C . DeHARPORT, ET AL, IN FEE NO. 79-41579, WASHINGTON COUNTY DEED RE BS; ENCE SOUTH 44 059' 34" EAST ALONG SAID SOUTHWESTERLY LIN 130.98 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE ORTR 3 607133" EAST AcO TH SOUTHEASTERLY LINE OF SAID FEE NO. 79-41579 A DISTANCE F 129.54 FEET TO A 5/8 INCH IRON ROD FOUND AT THE MOST EASTERLY CORNER THEREOF, BEING A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE OREGON ELECTRIC AND SOUTHERN PACIFIC RAILROA ; THENCE NORTH 41 °45 '04" WEST ALONG SAID RIGHT OF WAY UK 32 .51 FEET TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID RIGHT-3 - W Y LINE, ALONG THE ARC OF A 2775 .00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF-0203W-5 " ( THE CHORD OF WHICH BEARS NORTH 43°00' 33" WEST, 121 .84 FEET) AN ARC DISTANCE OF 121 .85 FEET; THENCE LEAVING SAID-RICH OF WAY LINE AND RUNNING SOUTH 46 003 ' 54" WEST 135.55 FEET TO A 5/8 INCH IRON ROD FOUND ON THE SOUTHWESTERLY LINE OF SAID FEE NO. 79-41579; THENCE SOUTH 44 013 ' 39" WEST 98 .03 FEET; THENCE SOUTH 54 000 '51 " WEST 155. 56 FEET TO THE MOST NORTHERLY CORNER OF SAID FEE NO. 87-33071 ; THENCE SOUTH 44 059' 34" EAST ALONG -TH NORTHEASTERLY LINE OF SAID FEE NO. 87-33071 A DISTANCE OF 30. 37 EET TO THE TRUE POINT OF BEGINNING. CONTAINING 28, 548) SQUARE FEET, MORE OR LESS . Page 6 of 9 �{ v EXHIBIT A • N BURTON ENGINEERING & SURVEYING, INC. w . •. • Civil Engineers • Land Surveyors ;11411 302 Tigard Plaza • Hall Blvd. & Pacific Hwy. • Tigard, Oregon 97223 S Phone 503-639-6116 • FAX 503-639-6117 JANUARY 18, 1994 LEGAL DESCRIPTION FOR: FURRER & SCOTT JOB NO. 93-299 ADJUSTED TAX LOT 5300 A TRACT OF LAND IN THE GEO. RICHARDSON DONATION LAND CLAIM NO. 38, IN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A 5/8 INCH IRON ROD AT THE MOST EASTERLY CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE PUBLIC IN FEE NO. 87- 33071 , WASHINGTON COUNTY DEED RECORDS; THENCE NORTH 44°59 ' 34" WEST ALONG THE NORTHEASTERLY LINE OF SAID FEE NO. 87-33071 A DISTANCE OF 161 .89 FEET; THENCE NORTH 54°00' 51 " EAST 153 . 37 FEET; THENCE NORTH 44°13 ' 39" EAST 100. 19 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO DALE C. DeHARPORT, ET AL, IN FEE NO. 79-41579, WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 44°59 '34" EAST ALONG SAID SOUTHWESTERLY LINE 130.98 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE SOUTH 43°07 ' 33" WEST ALONG THE SOUTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO DALE C. DeHARPORT, ET AL, IN FEE NO. 79-41380, WASHINGTON COUNTY DEED RECORDS, A DISTANCE OF 251 .80 FEET TO THE POINT OF-BEGINNING. CONTAININNG 35,546 SQUARE FEET, MORE OR LESS . REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JAN;JAFi DANILL T. OIJ TON Page 7 of 9 EXHIBIT B BURTON ENGINEERING & SURVEYING, INC. w • 4110 [ jj Civil Engineers • Land Surveyors 302 Tigard Plaza • Hall Blvd. & Pacific Hwy. • Tigard, Oregon 97223 5 Phone 503-639-6116 • FAX 503-639-6117 JANUARY 18, 1994 LEGAL DESCRIPTION FOR: FURRER & SCOTT JOB NO. 93-299 ADJUSTED TAX LOT 5200 A TRACT OF LAND IN THE GEO. RICHARDSON DONATION LAND CLAIM NO. 38, IN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A 5/8 INCH IRON ROD AT THE MOST EASTERLY CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE PUBLIC IN FEE NO. 87- 33071 , WASHINGTON COUNTY DEED RECORDS; THENCE NORTH 44°59 ' 34" WEST ALONG THE NORTHEASTERLY LINE OF SAID FEE NO. 87-33071 A DISTANCE OF 192 . 26 FEET TO THE MOST NORTHERLY CORNER THEREOF, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 54°00 ' 51 " WEST 10 . 12 FEET TO A POINT THAT IS 20 FEET NORTHEASTERLY FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF S .W. BURNHAM STREET; THENCE NORTH 44°59 ' 34" WEST, PARALLEL WITH AND 20 FEET NORTHEASTERLY FROM SAID CENTERLINE A DISTANCE OF 55.09 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN MEMORANDUM OF CONTRACT RECORDED IN FEE NO. 86-62045, WASHINGTON COUNTY DEED RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE THROUGH THE FOLLOWING COURSES : NORTH 49°01 ' 21 " EAST 118.96 FEET; NORTH 49°03 ' 12" EAST 46. 51 FEET; AND NORTH 48°54' 20" EAST 96. 82 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO DALE C. DeHARPORT, ET AL, IN FEE NO. 79-41579, WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 44°59'34" EAST ALONG SAID SOUTHWESTERLY LINE 61 .50 FEET TO A 5/8 INCH IRON ROD FOUND THEREON; THENCE SOUTH 44 013 ' 39" WEST 98.03 FEET; THENCE SOUTH 54°00 ' 51 " WEST 155.56 FEET TO THE MOST NORTHERLY CORNER OF SAID FEE NO. 87-33071 , AND-THE-TRUE POINT OF BEGINNING. CONTAINING 16,618 SQ ARE FEET, MORE OR LESS . RLGIS rEI:r=U PROFESSII.jl•JAL LAND SURVEY01 JArr / U DANILL T UUFITON EXHIBIT C CARDINAL LAND SURVEYING 8426 S.E. 16TH AVENUE PORTLAND, OREGON 97202 PH:(50:3)238-1897 FAX:(503)232-5458 LEGAL DESCRIPTION FOR: FURRER & SCOTT JOB NO. 93-299 30' ACCESS EASEMENT A TRACT OF LAND IN THE GEO. RICHARDSON DONATION LAND CLAIM NO. 38. IN THE NORTHEAST QUARTER OF SECTION 2. TOWNSHIP 2 SOUTH, RANGE 1 EAST OF THE _ WILLAMETTE MERIDIAN. IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD AT THE MOST EASTERLY CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE PUBLIC IN FEE NO. 87-33071 , WASHINGTON COUNTY DEED RECORDS; THENCE NORTH 44°59'34" WEST ALONG THE NORTHEASTERLY LINE OF SAID FEE NO. 87-33071 A DISTANCE OF 161,89 FEET THE TRUE POINT OF BEGINNING; THENCE NORTH 54°001511-?--EA 153.37,FEET TO A POINT; THENCE NORTH 44°13'39" EAST�100.19 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO DALE C. DeHARPORT, ET AL, IN FEE NO. 79-41579. WASHINGTON COUNTY DEED RECORDS; THENCE-N RTH 44°59134" WEST ALONG SAID / O THWESTERLY LINE 30.00 FEET; THENCE5OUTI 4°13'39" WEST 98.03'FEET; THENCE SOUTH 54°00'51" WEST 155.56 EET TO THE - MOST NORTHERLY CORNER OF SAID FEE NO. 87-33071 ; THENCE SOUTH 44°59'34" EAST ALONQ..TH ORTHERLY LINE OF SAID FEE NO. 87-33071 A DISTANCE OF 30.37 ET TO THE TRUE POINT OF BEGINNING_ After Recording Return to: Patrick J. Furrer P.O. Box 23414 Tigard , OR 97281 EXHIBIT "D" Page 9 of 9 44 ti 4. i,„ fall. 4 , r Fir, . w r ''' Vilif i gin. 0 �£ �� lilt \Ni,,,,,, . E'� ,' -' • , 4. i IQ • 111111t.' 40 a p • '4 . -4; 6 fa "'- A